Driving without a license may or may not be the cause of the accident.
Generally speaking, being undocumented can't be the only cause of the accident, and the bigger cause can't be ignored, so we should take full responsibility only by being undocumented.
For example:
Turning without a license, going straight with a license, and turning without going straight are all reasons, and taking full responsibility without a license.
Turning with a license, going straight without a license, and turning without going straight are the main reasons, with a license is the main responsibility, without a license is the secondary reason, and without a license is the secondary responsibility.
The reason for the unlicensed rear-end collision is that the distance between cars is not maintained. Full responsibility for the certificate, no license has no effect on the accident.
Article 19 of the Law of the People's Republic of China on Road Traffic Safety, which was implemented on May 1 2004, clearly stipulates: "To drive a motor vehicle, a motor vehicle driver's license shall be obtained according to law; The driver shall drive the motor vehicle according to the quasi-driving type specified in the driver's license; When driving a motor vehicle, you should carry a motor vehicle driver's license with you. " It can be seen that the behavior of driving a motor vehicle without a motor vehicle driver's license must be driving without a license's behavior. However, the act of driving a motor vehicle with a motor vehicle driver's license cannot be recognized as licensed driving. The legal meaning of "driving without a license" stipulated in the Road Traffic Safety Law refers to "the state of unqualified driving".
According to the Road Traffic Safety Law and the still valid legal documents issued by the Traffic Management Bureau of the Ministry of Public Security, the "state of disqualification from driving" includes the following seven states:
First, the motor vehicle driver's license has not been obtained;
Second, the motor vehicle driver's license is revoked;
The third is the period when the motor vehicle driver's license is temporarily detained;
The fourth is to obtain a driver's license through illegal procedures;
Fifth, driving a motor vehicle with an invalid driver's license;
Sixth, a driver who loses the qualification to drive or operate a motor vehicle within a certain period of time drives or operates a motor vehicle;
Seventh, driving a motor vehicle without a motor vehicle driving license.
The above seven states are "unqualified driving states" stipulated in the Road Traffic Safety Law, that is, the meaning of "driving without a license" stipulated in the new Road Traffic Safety Law is different from the meaning of "driving without a license" before the implementation of the new Road Traffic Safety Law.
According to Article 19 of the new Road Traffic Safety Law and related laws, driving without a driver's license and driving license is a serious traffic violation. Driving without a license belongs to "unqualified state", namely "driving without a license".
Penalty for driving without a license
Summarizing the Road Traffic Safety Law of the People's Republic of China (hereinafter referred to as the Traffic Law) and its implementing regulations and local implementing measures, as well as the Administrative Measures of the People's Republic of China on Motor Vehicle Driving Licenses issued by the Ministry of Public Security, driving without a license and driving without a license may have the following ten situations:
1. No driver's license;
2. Illegally obtaining a driver's license without examination;
3. The driver's license is cancelled or revoked;
4. Failing to meet the driving conditions (age and health status) and illegally obtaining a driver's license.
; 5. The driver's license has expired;
6. The driver's license was temporarily suspended;
7. Driving a civil motor vehicle with a driver's license of the army or armed police force;
8. Driving in China with an overseas motor vehicle driving license;
9. Driving a vehicle exceeding the maximum permitted driving type;
10. I didn't bring my driver's license with me. Some lawyers called 1 0 to 5 as "absolute" undocumented, 6 to 9 as "relative" undocumented, and 10 as "suspected" undocumented. For 1, 3, 5, 6, 9, the traffic police will not have any difficulty in handling it. In the second and fourth cases, the traffic police usually can't make a judgment on the spot, and in most cases the driver will get away with it; In the judicial process, both cases may be verified, and the driver will bear the criminal and civil responsibilities of driving without a license. For seven or eight cases, if it is a general illegal act, most traffic police will turn a blind eye, but whether it is a general illegal act or a serious illegal act, it should actually be handled according to driving without a license.