"There is a barrier in the middle of the road, no need to turn on the low beam!" In Shanghai, Uncle Shen was fined 100 yuan and 1 point by the traffic police team for not using low beams according to regulations. However, he believes that there is no need to open the near light on the road with the isolation belt, and he does not accept the punishment decision and goes to the court to file a complaint against the traffic police team.
(Source of the case: Shanghai Railway Transport Court)
On the day of the incident, Uncle Shen drove a car out to visit the door, and when he passed the entrance of a tunnel in a certain section, he was stopped by the traffic police on duty at the scene.
The traffic police told Uncle Shen that he needed to turn on the low beam before entering the tunnel, and his behavior of not using the low beam according to the regulations was illegal, and he should be fined and deducted points.
After Uncle Shen listened, the scene made a defense, saying that he had turned on the width light driving, there were lights in the tunnel, asked not to punish, the traffic police did not adopt; Uncle Shen also defended that the tunnel mouth did not set up a warning sign that needed to turn on the low beam, and the traffic police did not adopt.
After listening to Uncle Shen's statement and defense, the police made an administrative punishment decision of fining 100 yuan and 1 point, and the scene was handed over to Uncle Shen.
He said a lot to the traffic police, did not adopt a word, and after returning home, Uncle Shen was very depressed, so he took out the punishment decision book to read it carefully.
This careful reading, he found that there was a problem, the scene traffic police told him that "before entering the tunnel need to turn on the low beam", but the penalty decision is written on the "night driving does not use the low beam according to the regulations", which is completely different.
Therefore, Uncle Shen opened the computer and downloaded the "Road Traffic Safety Law", "Road Traffic Law Implementation Regulations", "Shanghai Road Traffic Management Regulations", and read all the regulations one by one, and did not find any regulations that stipulate that "low beams should be lit before entering the tunnel."
Subsequently, Uncle Shen filed a complaint against the traffic police team in court, asking for the revocation of the punishment decision and giving himself 1 point.
Uncle Shen's reasoning is that the traffic police's penalty decision applies to Article 48 (5) of the Implementing Regulations of the Road Traffic Safety Law, and the application of this provision has a premise, that is, it must be "a road without central isolation facilities or without a center line".
Uncle Shen believes that there is no provision in the clause that "low beam lights should be lit before entering the tunnel", and the road section of the incident is a two-way multi-lane with central isolation facilities.
Therefore, the traffic police's punishment of themselves is completely unfounded by law and should be revoked.
The traffic police team argued that Uncle Shen only turned on the revelation wide lights and did not turn on the headlights when driving at night, regardless of whether he entered the tunnel or not, which violated the provisions of Article 48 (5) of the Regulations for the Implementation of the Road Traffic Law.
After trial, the court held that article 48 (5) of the Implementing Regulations of the Road Traffic Law stipulates: "On roads without central isolation facilities or without a central line, motor vehicles shall comply with the following provisions when they encounter traffic in the opposite direction: ... (5) At night, low beams should be used 150 meters away from the opposite direction, and low beams should be used when narrow roads, narrow bridges and non-motorized vehicles meet. ”
It can be seen that the provisions of the regulation are about how to use lights for motor vehicles at night on roads without central isolation facilities or centerlines.
In this case, the road section where the incident occurred was a two-way multi-lane with a central isolation facility, and the traffic police team determined that Uncle Shen's behavior was not illegal at night, so the traffic police team applied the law incorrectly and should be revoked according to law.
Finally, the court ruled to revoke the administrative punishment decision of the traffic police team, and the case acceptance fee of 50 yuan was halved to 25 yuan, which was borne by the traffic police team.
Seeing this, some friends asked, then do you want to drive at night with low beams?
Article 58 of the Road Traffic Safety Law stipulates that when a motor vehicle is driving at night without street lights, poor lighting, or in the case of fog, rain, snow, sand, hail and other low visibility conditions, it should turn on the headlights, contour lights and rear position lights.
Therefore, according to the law, it is not necessary to turn on the lights at night. It is illegal to use lights only in the absence of street lights, poor lighting, or in the presence of fog, rain, snow, sand, hail, etc. with low visibility.
Therefore, as far as this case is concerned, even if there is no error in the application of the law of the traffic police team, Uncle Shen's behavior does not necessarily constitute an illegality, and it is necessary to comprehensively determine whether it is illegal according to the weather conditions on the day and the road lighting situation at the time of law enforcement.
The purpose of administrative litigation is to put public power into the cage of the system and ensure the correct exercise of power.
Although Uncle Shen's behavior of not turning on the lights before entering the tunnel is dangerous, for citizens, "the law can be prohibited without prohibition", and since the regulations do not explicitly prohibit it, uncle Shen should not be punished.
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