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This paper mainly expounds the responsibility identification of truck overload traffic accidents. What kind of laws may be involved in the determination of traffic accident liability? Are there any special rules for traffic accidents caused by overloading trucks? And how to deal with this problem? The following Bian Xiao website gives you a brief introduction.
Will vehicle overload affect the identification of accident responsibility?
The responsibility of the parties refers to the responsibility identified by the traffic management department of the public security organ when performing its management duties. In fact, it refers to whether the behavior of the parties constitutes a traffic violation, whether it constitutes a fault, and the influence of the behavior of the parties on the formation of traffic accidents. Therefore, vehicle overload will affect the identification of accident responsibility.
1, the traffic administrative department of the public security organ shall, according to the traffic accident scene inquest, inspection, investigation and relevant inspection and appraisal conclusions, make a traffic accident confirmation in time as evidence for handling traffic accidents. The traffic accident certificate shall state the basic facts, reasons and the responsibilities of the parties, and shall be served on the parties.
2. The traffic administrative department of the public security organ shall determine the responsibility of the parties according to the role played by their behaviors in traffic accidents and the severity of their faults.
3. After investigation, the traffic administrative department of the public security organ shall determine the responsibility of the parties according to the role played by their behaviors in the traffic accidents and the severity of their faults.
How many points will be deducted if the car is overloaded?
Overload penalty provisions are divided into the following two situations:
(A) passenger car overload
Deduction standard for bus overload:
Driving an operating bus (excluding buses) or school bus that exceeds 20% of the approved number of passengers will be deducted 12 points at one time;
Driving operating buses (excluding buses), school buses carrying less than 20% of the approved number of passengers, or driving other passenger cars carrying more than 20% of the approved number of passengers, 6 points will be deducted at a time.
Penalty standard for bus overload:
Highway passenger vehicles carrying more than rated passengers shall be fined between two hundred yuan and five hundred yuan;
Those who exceed twenty percent (20%) of the rated crew or illegally carry goods shall be fined between five hundred yuan and two thousand yuan.
(2) The truck is overloaded
Freight car overload deduction standard:
Driving a loaded vehicle exceeds 30% of the approved load quality or illegally carries passengers, and 6 points will be deducted.
3 points will be deducted if the vehicle's load exceeds the approved load and the mass does not reach 30%.
Freight car overload fine standard:
If the freight motor vehicle exceeds the approved load quality, a fine of more than 200 yuan and less than 500 yuan shall be imposed;
More than 30% of the approved load quality or passengers in violation of regulations, a fine of more than 2,000 yuan shall be imposed on 500 yuan.
If a car or bus is overloaded, the traffic administrative department of the public security organ shall detain the motor vehicle until the illegal state is eliminated.
The vehicle of the transport unit has the circumstances specified in the first and second paragraphs of this article, and if it is not changed after punishment, the directly responsible person in charge shall be fined between 2,000 yuan and 5,000 yuan.
The above is the Bian Xiao 365 law for you to sort out the problem about the identification of the responsibility for overloading traffic accidents. I hope it will be helpful for you to encounter such problems in the future. To sum up, Bian Xiao thinks that we should pay attention to these problems when dealing with the responsibility determination of truck overload traffic accidents: 1, and we should know the legal provisions of China's traffic law on this situation; 2. Establish the concept of resolving disputes according to law. If there are any other questions you want to know, you can consult the lawyers on our website to get answers.
Extended reading:
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