Traffic police law enforcement should not turn a blind eye to "teenagers driving electric bicycles"

If a minor drives an electric bicycle on the road, is the insurance company liable if a traffic accident occurs? Recently, the Kaihua County People's Court of Zhejiang Province tried a non-motor vehicle traffic accident liability dispute case, and ordered the guardian of the defendant Lu Mou to compensate the plaintiff for losses caused by the traffic accident of 89,000 yuan. (People's Court Daily, November 5)

First, let's take a look at the replay of the tragedy: 69-year-old Tang mou pushed a human tricycle to go shopping on the street, and 14-year-old Lu mou drove an electric bicycle to rear-end and hit Tang's human tricycle, causing Tang mou injury and vehicle damage traffic accident. After the traffic police determined that Lu mou bore all the responsibility for the accident. Tang's injuries were appraised and three were assessed as grade 10 disabilities. Tang filed a complaint against Lu, his guardian and the insurance company, demanding compensation for his various losses totaling more than 90,000 yuan.

The result of the court's judgment can be described as a loud alarm bell: the defendant Lu Mou is only 14 years old, and his driving of an electric bicycle on the road does violate laws and regulations, and the insurance company's reason for refusing compensation is established, and he should not bear the liability for compensation. Defendant Lu X is not yet a minor, is a person with limited capacity for civil conduct, and if he causes damage to others, the guardian shall bear tort liability, and the guardian of the defendant Lu X shall be ordered to compensate the plaintiff for losses caused by the traffic accident of 89,000 yuan.

Such a verdict, of course, has no problems from the legal level. What we really need to pay attention to is why "teenagers driving electric bicycles" has become a habitual "illegal scenery"? Especially at the county level, it is a common thing. Some parents do not have time to pick up and drop off their children, they will let their children ride electric bicycles to school, although the school also advocates that "students do not ride electric bicycles" to school, but many schools still provide "parking electric bicycles".

Every time we go to school and after school, we will see the scene of "teenagers driving electric bicycles". The author's son is in the second year of junior high school, every time I go to school to pick up my children, I will see such a scene, the proportion of "teenagers riding electric bicycles" is very high, which has become a hidden danger to safety. However, even the traffic police who enforce the law, the traffic management volunteers at the intersection, and the "students riding electric bicycles" encountered them, there was no persuasion and law enforcement.

Electric bicycles are convenient and fast, and have become the first choice for many people. However, electric bicycles are not for everyone to drive, according to Article 72 of the Implementing Regulations of the Road Traffic Safety Law of the People's Republic of China, driving electric bicycles must be at least 16 years old. Driving an electric bicycle under the age of 16 and causing an accident, according to Article 1188 of the Civil Code, if a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability.

Since "minors driving electric bicycles" is illegal, it is not possible to turn a blind eye to this phenomenon. Prohibiting "minors from driving electric bicycles" is a solemn legal provision, and this legal provision is a "tight hoop", and with "confinement" but no one "chanting a mantra" is the biggest problem. "Breaking the law" cannot but "law enforcement"!" Teenagers driving electric bicycles "The more they become accustomed to it, the more they need attention." Turning a blind eye to "teenagers driving electric bicycles" is a lack of responsibility for law enforcement.