"Old scooter, no driver's license at all! They didn't prove it, so why did you just punish me? "In Shuangyashan, Heilongjiang, Uncle Liu drove an electric vehicle (a certain brand electric motor vehicle) on the road without a license

"Old scooter, no driver's license at all! They didn't prove it, so why did you just punish me? "In Shuangyashan, Heilongjiang, Uncle Liu was fined 2,000 yuan by the traffic police for driving an electric vehicle (a certain brand electric motor vehicle) on the road without a license. Uncle Liu's application for administrative reconsideration still did not change the original punishment, so he filed an administrative lawsuit. (Source: Shuangyashan Intermediate People's Court.) The picture has nothing to do with the case)

#普法行动 #

The court of first instance found that at about 7:30 on August 9, 2020, Uncle Liu was driving a motor vehicle (a certain brand electric motor vehicle) on the road, and when the car drove to an intersection, it encountered a safety inspection. After inquiry and inquiry, Uncle Liu did not obtain a motor vehicle driver's license. The traffic police detachment determined that Uncle Liu's act of driving a motor vehicle (electric motor vehicle) on the road was an illegal act of driving a motor vehicle without obtaining a motor vehicle driver's license.

The first paragraph of article 19 of the Road Traffic Safety Law stipulates that driving a motor vehicle shall obtain a motor vehicle driving license in accordance with law. The first paragraph of article 99 stipulates that whoever drives a motor vehicle without obtaining a motor vehicle driver's license, whose motor vehicle driver's license is revoked, or whose motor vehicle driver's license is temporarily withheld, shall be fined not less than 200 yuan but not more than 2,000 yuan.

According to the above regulations, the traffic police detachment imposed a fine of 2,000 yuan on Uncle Liu. Uncle Liu was not satisfied and applied to the Municipal Traffic Police Detachment for administrative reconsideration. However, the municipal traffic police detachment maintained the original administrative punishment decision.

Uncle Liu complained that the old scooter he was driving was not a motor vehicle and did not need to obtain a driver's license. And even if it is illegal driving, it is not a serious violation of the law, the traffic police detachment imposed a fine of 2,000 yuan on itself, which belongs to the top punishment, and the punishment is obviously improper.

Are old scooters motorized? Article 119 of the Road Traffic Safety Law has clear identification criteria: "Motor vehicle" refers to a wheeled vehicle driven or towed by a power device and driven on the road for the use of personnel or for transporting goods and carrying out special engineering operations.

"Non-motorized vehicles": means of transportation driven by human or animal power and driven on the road, as well as motorized wheelchairs and electric bicycles for the disabled that are driven by power devices but are designed to have the highest speed, empty car quality, and external dimensions in line with relevant national standards.

According to the above provisions, the old scooter driven by Uncle Liu is a motor vehicle and should obtain a driver's license before it can be driven on the road, and the precautions for the electric vehicle also clearly indicate that the driver must hold a driver's license above C2.

Accordingly, the court of first instance held that the original penalty decision was not improper. Uncle Liu was not satisfied and filed another appeal.

In the second instance, Uncle Liu also proposed that the purchase and use of electric vehicles by the elderly is a common phenomenon, and the vast majority of the elderly without a driver's license will use it as a scooter, and driving an electric scooter without a license is the common cognition of the people and is also allowed by the current social life.

Taking a step back, even if driving an electric vehicle without a license is illegal, the local government has not carried out the registration of electric vehicles, nor has it publicized and regulated citizens to drive electric vehicles with licenses in accordance with the law. Moreover, the elderly drive electric vehicles on the road without a license and have never been punished by the traffic police department. This time, however, he punished himself, which was obviously selective law enforcement.

At the same time, Uncle Liu also believes that even if he is punished, he should also fully consider that his subjective malignancy is not large, and it is only when he is questioned that he realizes that the vehicle he is driving belongs to a motor vehicle, should hold a driver's license, and has not caused a traffic accident, and the illegal circumstances are obviously minor.

The traffic police department shall, in accordance with the principle of combining punishment and education, criticize and educate itself or give a warning. However, the penalty decision is the top penalty, and the punishment method and range are obviously improper.

After trial, the court of second instance held that most of the accidents occurred due to the weak awareness of the rules of the perpetrators, the existence of luck psychology, and the law punished illegal driving, the purpose of which is to create a safe and orderly road traffic environment by standardizing the driving behavior of the perpetrators, preventing and reducing the probability of traffic accidents as soon as possible.

The vehicle driven by Uncle Liu is a motor vehicle and should obtain a driver's license before it can be driven on the road. And in the precautions attached to the electric vehicle, it is clearly stated that the driver must hold a driver's license above C2.

Uncle Liu, as the owner of the car, knew that he should have a driver's license of C2 or above to get on the road, but he was lucky and deliberately violated the law, so he did not accept the proposition that the subjective malignancy and the illegal circumstances were minor.

In the end, the court of second instance upheld the first-instance judgment and rejected Uncle Liu's appeal request.