After the traffic accident, traffic police have no power to detain the vehicle accident and pay a deposit

Conclusion:Due to detain the vehicle accident reason just to collect evidence, so the accident is made -- can be inferred according to relevant evidence to make the responsibility has been gathered, otherwise it is what made the accident report, detained reason has ceased to exist, should be in the accident report made after the release the detained vehicle accident. In this way, detain the vehicle accident period is divided into two types: one, does not need to test the accidents due to accident, must be made within 10 days after the confirmation of investigation and examine the scene. So to detain the vehicle for the longest period of only 10 days. Two, need to test the accident, traffic police team commissioned the inspection and appraisal of the longest period of 10 days -- because although the relevant provisions do not explicitly limited traffic police team end field investigation of the time limit, the investigation period but does not need to test the length of only 10 days, found within 3 days after the Commission of authentication (including will entrust service the appraisal department, appraisal department to accept time) after 60 days, the longest 20 days generally make an appraisal conclusion(should contain time will test the appraisal conclusion to the traffic police team), conclusion the traffic police team made should be within 5 days after the car. So, need to test, generally 38 days, special circumstances by the approval of 78 days.

After the traffic accident, traffic police have no power to detain the vehicle accident and to pay a deposit?

Case, phenomenon:

Law the provisions after the traffic accident accident emergency treatment expenses prepaid can buckle car, but the actual law enforcement, there are still a lot, many police departments in the "need for collection of evidence" and detain the vehicle accident, is still illegal extended detention of vehicles, if the accident deposit car must pay a certain amount of. Of course, the detention of the vehicle accident, advance deposit measures, the smooth implementation of the accident victim's compensation can be realized and the case plays a role, but the practice is illegal. At the same time, in practice there still, with "individual traffic accident vehicle on evidence collection" detain the vehicle accident reason, even the term free to extend the detained vehicle.

In practice, the party does not pay the deposit is unable to lift the car, had no choice but to put the car back pressure.

Lawyers to view:

Compound legal group (Zhengzhou) firm Qi Qian lawyers think:

1, the traffic police because of the need to collect evidence, to detain the vehicle accident.

The legal basis for: "the people's Republic of China Road Traffic Safety Law" seventy-second paragraph second "traffic policemen shall conduct an inquest, inspection, collection of evidence on the scene of the accident; the need for collection of evidence, to detain the vehicle accident, but should be a Tuo Shanbao tube, for verification". This article gives the police due to the collection of evidence to detain the vehicle accident of power, but did not give it to solve the victim compensation and seizure accident vehicles, power, and, if the parties have no common request mediation, traffic police departments have no right to compensation dispute mediation.

Although the "road traffic safety law", "traffic safety law", "Regulations for the implementation of traffic accident management procedures" are not clearly defined collection of accident vehicle on the evidence of the period, but the "traffic accident treatment work norms" chapter fifth scene thirty-eighth stipulates: "the traffic policemen shall in accordance with the" traffic accident evidence investigation "standard, investigation, collection, extraction, and traces of evidence, make a written record of the traffic accident scene investigation". Accordingly, "the accident vehicle on evidence collection should be done in the field," without the seizure of vehicles.

At the same time, "traffic accident treatment work norms" sixth chapter investigation rule forty-ninth: for inspection, identification of need to detain the vehicle accident and the driving license, the traffic police should on the spot the "public security traffic management certificate administrative coercive measures", delivered to the party concerned, and inform the party concerned to detain the vehicle, documents of the period. The premise that, buckle car is "for inspection, identification of needs". Therefore, once on the scene after the accident vehicle is detained, must carry on the inspection of vehicle accidents, traffic police to "collect evidence" as the reason for the extended buckle car is illegal.

In handling the accidents, only survey is completed in the vehicle's trace, in order to further determine whether the vehicle need inspection, identification and appraisal of project which. "Traffic accident handling procedures" in the public security organs of the vehicle traces exploration for late in surveying the scene should be completed within five days of the date of.

In determining the test identification of vehicles and items, but not to the accident vehicle on traces and other evidence of exploration, extraction, a direct violation of the "traffic accident procedures provides convenience" second principles "in" and "efficiency principle".

For an accident vehicle without inspection, identification and prepaid treatment costs, the law does not give the traffic control department of the public security organ buckle car right, it should be strictly according to law, does not need to test the vehicle identification and inspection has been completed vehicle release within the prescribed period of time.

In addition, if the lack of interrogation record important parties, accident can not be identified, can be extended to the traffic accident, this is a clear requirement of traffic accident handling procedure specified in. The law enforcement vehicles temporarily can only be based on "inspection vehicle". When there is no need for inspection and appraisal, can not be forcibly detain the vehicle accident.

2, vehicle inspection period: the traffic control department of the public security organ shall, within five days of the survey commissioned the relevant agencies for inspection, the vehicle identification from the date; inspection, appraisal shall be completed within twenty days, the need for extension, approval may be extended for ten days.

Legal basis: "traffic accident handling procedures" thirty-ninth traffic control department of the public security organ driving on physiological, mental state, the human body injury, the body, and the need for speed, vehicle traces, articles and site road conditions of inspection, identification, should be in the investigation at the scene identification institution appointed date within five days or entrust the professional and technical personnel, qualified for inspection, identification.

Inspection, appraisal shall be completed within twenty days; needs to be extended, with the approval of the municipal traffic management departments of public security organs districts and may be extended for ten days. Inspection, identification of cycles over time, must be approved by the traffic administrative department of the public security organ of the people's government at the provincial level.

3, traffic accident damage compensation mediation non essential procedures, the traffic police not to buckle car premise.

The traffic accident compensation for damage, "the people's Republic of China Road Traffic Safety Law" stipulates that the seventy-fourth "damages to a traffic accident dispute, may request the traffic control department of the public security organ mediation the parties, may also file a civil lawsuit directly to the people's court. Mediation by the traffic control department of the public security organ, the parties fail to reach an agreement or mediation effect fails, the parties may bring a civil lawsuit to the people's court". "Regulations" provisions of article ninety-fourth "there is a dispute between the parties on the traffic accident damage compensate the implementation of the people's Republic of China Road Traffic Safety Law, the parties agreed the request mediation the traffic administrative department of the public security organ shall, within 10 days of a written application for conciliation as of the date of receipt of the traffic accident identification". The above two indicates that the premise of traffic police mediation compensation is the request of the parties, non request cannot mediation.

4, the traffic police to exercise the buckle car limited powers, inspection, identification is completed in five days shall be returned to the owner.

Shall enter into force as of January 1, 2009 of the Ministry of public security order No. 104th "road traffic accident handling procedures" provisions of article twenty-eighth: "the need for collection of evidence, the traffic control department of the public security organ may detain the vehicle and the vehicle license, and shall issue a certificate administrative coercive measures. Vehicles and motor vehicle driving license shall properly keep the detained." "Article thirty-seventh the need for inspection, identification, the traffic control department of the public security organ shall, from the date of the end of the scene of the accident investigation identified three days entrust a qualified inspection, identification. Shall within three days at the date of death by autopsy. The field survey, the end of three days after the date of inspection, identification of needs, it shall be approved by the traffic administrative department of the public security organ at a higher level." "Thirty-eighth of the traffic management departments of public security organs shall and inspection, appraisal institutions agreed inspection, identification of deadline, the agreed period shall not exceed twenty days. More than twenty days, should be approved by the traffic administrative department of the public security organ at a higher level, but no longer than sixty days." "Within five days of forty-fourth inspection, identification of the conclusions to determine the date, the traffic control department of the public security organ shall notify the party concerned to receive the accident vehicle, motor vehicle driving permit and detained the seized items. Escape to the driver of the vehicle or the parties without notice thirty days still do not receive the vehicle, after notice three months not to accept the deal, the detained vehicle handling."

Legal basis: "traffic accident handling procedures" detained forty-second traffic control department of the public security organ of the accident vehicle except the inspection, identification, shall not be used. Notify the party concerned to receive the accident vehicles and motor vehicle license within five days after the completion of inspection, identification. Escape from the abandoned car unattended vehicles or the parties ten days notice is not received, according to the "Regulations of the people's Republic of China Road Traffic Safety Law" 112nd article processing.

No license, to be scrapped, uninsured motor vehicle third party liability compulsory insurance, vehicle, according to the provisions of the relevant laws, regulations and processing.

Summary:

Compound legal group (Zhengzhou) firm Qi Qian lawyers said: traffic police because of the need to collect evidence, to detain the vehicle accident, shall entrust the relevant appraisal institution within 5 days, to complete the identification authentication institution shall within 20 days after approval, can also be extended for 10 days, it is the 30 day, identification is completed, it shall in 5 days returned to owners, so, the traffic police detain the vehicle accident is generally 30 to 40 days.

Note: A, inspection, identification can not be completed in 30 days, approved by the provincial public security organ, but also can be extended;

B, the public security organ shall, upon receipt of the inspection after the inspection, a copy of identification of the conclusions to the parties within 2 days, otherwise, can put forward to re inspection, identification of the application within 3 days, the public security organs such as the approval of re identification, then buckle car time to calculate a period of inspection, identification.

Pre litigation preservation measures detained by the accident vehicle without legal basis, take 5, the police should be law enforcement in the legal authorization.

"Traffic accident handling procedures" fifth chapter investigation section fourth inspection, identification of forty-fourth: "within five days of testing, identification of the conclusions to determine the date, the traffic control department of the public security organ shall notify the party concerned to receive the accident vehicle, motor vehicle driving license to detain and seized articles. Escape to the driver of the vehicle or the parties without notice thirty days still do not receive the vehicle, after notice three months not to accept the deal, the detained vehicle handling." "The provisions of article fifty-fourth traffic accident treatment work norms" sixth chapter investigation: "the traffic control department of the public security organ shall appoint or entrust professional institutions to carry out inspections, the accident vehicle, and by the inspection agency issued 'traffic accident vehicle inspection report'. The inspection, a copy of identification of the conclusions from the date of delivery within three days, if no objection to the results of inspection, identification, the traffic control department of the public security organ shall notify the party concerned to receive the accident vehicles and motor vehicle driving permit. The abandoned car escape without the main vehicle or by notice to Party ten days still do not receive, and after three months notice not to accept the deal, according to "road traffic safety law" article 112nd of treatment; no license, no conformity inspection mark, to be scrapped, uninsured motor vehicle third party liability insurance vehicles, according to "road traffic safety law" article ninety-fifth, article ninety-sixth, article ninety-eighth, article 100th treatment."

The above provisions are not given the traffic management departments of public security organs before the release of the accident vehicle can attach any conditions. Buckle the car in order to ascertain the cause of accident, not to give the traffic accident compensation service.

The lawyer advised:

The traffic police department over period of seizure accident vehicle, many administrative litigation, direct the possible consequences are: compensation for economic loss of vehicle during outage. If the administrative court and the administrative compensation, will affect the traffic police department's reputation and image, should be highly valued.

"Legislation inspection, identification is completed within five days notify the parties concerned for the accident vehicles and motor vehicle driving permit", provides the notify the other party "before litigation rights" time to the police, but also to the other party to provide the operation time of the pre litigation preservation. For the protection of other legitimate rights of the parties, the traffic police can timely inform Party A in the exploration of five days before mentioned "preservation" of the right to appeal to the other side of the vehicle from the date, so as to realize the "road traffic safety law" in the legislative idea of "people-oriented". If we can do this, the traffic police can effectively protect the legitimate rights and interests of the parties, the law enforcement for the people.

The legal basis:

"The people's Republic of China Road Traffic Safety Law"

Seventy-second traffic management departments of public security organs from traffic accident after the police, traffic police should be immediately sent to the scene to rescue the injured personnel, organization, and take measures to restore the traffic, as soon as possible.

Traffic police should be inspection, examination, the scene of the traffic accident to collect evidence; the need for collection of evidence, to detain the vehicle accident, but should be properly kept, for verification.

To test the physiological, mental health professional such as a strong, the traffic control department of the public security organ shall entrust the specialized agencies to identify. The expert conclusion shall be signed by the appraiser.

"Traffic accident handling procedures" article forty-fourth: "within five days of testing, identification of the conclusions to determine the date, the traffic control department of the public security organ shall notify the party concerned to receive the accident vehicle, motor vehicle driving permit and detained the seized items. Escape to the driver of the vehicle or the parties without notice thirty days still do not receive the vehicle, after notice three months not to accept the deal, the detained vehicle handling."

"The provisions of article forty-ninth traffic accident treatment work norms": for inspection, identification of need to detain the vehicle accident and the driving license, the traffic police should on the spot the "public security traffic management certificate administrative coercive measures", delivered to the party concerned, and inform the party concerned to detain vehicles, documents of the period.