Illegal operation is generally aimed at cars or ships. At present, there are no relevant laws and regulations specifically aimed at illegal operation of motorcycles in many places. Therefore, there are no penalties for illegal operation of motorcycles in many places. In Guangdong, according to the relevant provisions of "Guangdong Province Road Transportation Management Conditions", illegal motorcycle owners can be fined 2000 yuan and detained.
It is generally said that motorcycles that are operated without obtaining the right to operate according to law are "motorcycles". The most striking features of its business nature are:
1, Yang Zhao;
2. obey the instructions of passengers;
3. Drivers and passengers don't know each other;
4. Provide paid services.
Second, the identification of illegal operation responsibility
According to the Regulations and Rules on Road Transport Management, illegal operations specifically include: failure to obtain the business license for road transport (including road goods, dangerous goods, road passenger transport (routes), international road transport, etc., the same below), or use forged, altered, cancelled and other invalid road transport certificates, or engage in road transport operations beyond the permitted items.
The constituent elements of illegal operation are: engaging in road transport business without obtaining a road transport business license.
Two conditions must be met to identify illegal operation: first, operation; second, the vehicle is a non-operating vehicle, that is, it operates beyond the approved scope without obtaining the operation certificate issued by the relevant competent department.
Third, how to stipulate the punishment standard for illegal operation of vehicles?
Illegal operation refers to the operation behavior without obtaining the right to operate according to law. That is, it has not obtained the operation certificate issued by the relevant competent department and operated beyond the approved scope.
Article 64 of the Regulations of the People's Republic of China on Road Transportation
In violation of the provisions of these regulations, those who engage in road transport business without obtaining a road transport business license shall be ordered by the road transport management institution at or above the county level to stop business; Illegal income, confiscate the illegal income, and impose a fine of more than 2 times the illegal income 10 times; If there is no illegal income or the illegal income is less than 20,000 yuan, a fine ranging from 30,000 yuan to 6,543,800 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.