On June 8th last year, 165438+ Lawyer Liao Jianxun was stuck in traffic for more than 30 minutes while driving back to Dongfeng Road from Panyu. Liao Jianxun sued Guangzhou South China Road and Bridge Industrial Co., Ltd. (hereinafter referred to as "South China Road and Bridge"), arguing that road construction problems caused serious congestion, and "high speed" changed to "low speed", which was a "serious breach of contract" in terms of contract law, ignoring the interests of the owners and demanding the operators to return the toll 10 yuan.
Liao Jianxun hopes that through this lawsuit, highway operators will not ignore the interests of car owners, and at the same time, he hopes that the legislature and competent departments will attach great importance to this phenomenon and formulate relevant regulations.
On October 9th, 65438/KLOC-0, Guangzhou Tianhe District People's Court officially accepted the case and will hold a court session on another day.
Blocking for 3 kilometers for half an hour is a "serious breach of contract"
2019165438+1On the morning of October 8, Liao Jianxun drove his vehicle from Hua Fu West Road in Panyu District to Dongbao Building in Yuexiu District, passing through Panyu Avenue, Panyu Bridge and South China Expressway. On that day, at about 1 1, the toll station of Panyu Bridge entered South China Expressway, and after driving northward to the section near South China Bridge, the road was seriously congested. It is understood that this congestion is caused by the occupation of roads in South China.
Liao Jianxun estimated that the length of the congested road section was about 3 kilometers at that time, and the traffic time was as long as 30 minutes due to congestion. It generally takes more than 10 minutes from Panyu Bridge toll station to Huangpu Avenue toll station. It took him 45 minutes to drive out, and soon he paid the 10 yuan toll to South China.
Liao Jianxun believes that after the owner drove the vehicle into the South China Expressway, he essentially entered into a service contract with the road operator. According to the principles of fairness, honesty and credit in the Contract Law, Huakuai should provide services corresponding to the price paid by the owner.
In his complaint, he pointed out that according to the Regulations on the Administration of Urban Expressway in Guangzhou, South China Expressway is an urban expressway with a design speed of more than 60 kilometers per hour. It always takes me 45 minutes to get on the expressway, which is about 10 km, but the speed that day was only 13.33km/h/h, which was far lower than the normal speed. He thought that as a passing car owner, he failed to enjoy the driving experience equivalent to paying the price, so he took the operator South China Road and Bridge to court on the grounds of contract breach.
As of press time, South China Road and Bridge did not comment on this matter.
Is it possible to dispense with the road repair notice?
According to a survey conducted by reporters from Yangcheng, last year1October 30 10, South China Road and Bridge issued a public notice of occupying roads and roads through the media. The public notice shows that the first phase of South China Expressway from 20191.6 to 2020 1. 1, the bridge deck, Xinzhou pavement and Chisha section occupy the road for reinforcement and maintenance. During the maintenance period, two of the eight two-way lanes are closed, and the other two lanes have a speed limit (40km/h). The affected area is from Huacheng Toll Station in Tianhe District to Tuhua Toll Station in Haizhu District, and the media also released reports to remind car owners to bypass.
The owners, Mr. Zhang and Mr. Liang, told the Yangcheng reporter that they had passed the road maintenance section many times during road construction in China and encountered traffic jams, but they did not see the road maintenance tips at the entrance and exit of the toll station.
Even if the road construction notice has been issued, can the road and bridge company be exempted from liability? In this regard, Liao Jianxun believes that no matter whether South China Road and Bridge is publicized or not, as long as the owner enters South China Expressway, it has already constituted a contractual relationship.
"Legally speaking, the owner is not at fault. I paid the toll. No matter what causes you to fail to achieve fast passage, you are in breach of contract, and you should take the initiative to free or reduce tolls. "
I hope to attract the attention of relevant departments.
"Everyone will encounter the situation of highway construction, and they will be charged high-speed fees when they are seriously congested, which is too outrageous. In terms of contract law, it is a fundamental breach of contract. " Liao Jianxun said that according to the provisions of the Contract Law and the Consumer Protection Law, citizens who are congested due to road and bridge management have the right to request a refund or reduction of tolls. He expressed the hope that this lawsuit will awaken the management department of toll roads to pay attention to the rights and interests of car owners.
He believes that highway operators "must come down from the high platform, get rid of the strong posture, respect the contract law, pay attention to the rights and interests of consumers, and don't ignore the interests of car owners". When it is necessary to occupy roads and build roads, it is necessary not only to publicize and remind car owners to bypass and guide vehicles to divert, but also to take the initiative to reduce or even charge passing vehicles.
According to the provisions of Article 48 of the Guangdong Provincial Highway Regulations, highway toll stations should open enough channels in time according to the traffic volume to ensure the smooth flow of toll channels; If there are more than five vehicles blocked on average because the passage is not fully opened, it shall be released free of charge and fully opened. Liao Jianxun believes that this regulation and supervision should be extended to the congestion caused by road construction and other reasons.
He hopes that this lawsuit can attract the attention of the legislature and the competent authorities, formulate relevant laws and regulations to protect the interests of car owners, and also give law enforcement agencies a law to follow, and can intervene in time when road construction and other problems cause congestion.
In recent years, the toll problem of South China Expressway has been widely concerned.
As early as 2065438+March 2009, a request from Guangzhou Municipal Bureau of Transportation on the implementation of free passage of small and medium-sized buses on the North Ring Road, Dongxin Expressway and Huakuai Phase I (draft for comments) attracted widespread attention. The Guangzhou Municipal Transportation Bureau responded that it did study the feasibility plan to promote the free passage of the first phase of China Express, and did not rule out the repurchase through government finance. Today, many car owners and citizens are still looking forward to it.
This article comes from car home, the author of the car manufacturer, and does not represent car home's position.