In May 6, 2011, my mobile phone rang (18321864965), the number is (0755) 852816**, a man's voice: I'm driving in Shenzhen since the purchase of motorcycles on the road, I do not drink, drunk and other illegal acts, not only because of a motorcycle license, not only the motorcycle was temporarily; opened 3000 yuan ticket, cover the traffic unit official seal; seized my driver's license, and said that if not to pay the fines will revoke the driving license -- will the traffic police to such treatment has no legal basis?

   Answer: first, what are your offense? Your motorcycle is purchased, it should have a formal invoice; do you have your driver's license, not driving without license; compulsory insurance yet? Running in wear his helmet? Speeding up yet? These illegal acts have not, you have not explained. "Road traffic safety law of the people's Republic of China" the eighth stipulation: "the state motor vehicle registration system. Motor vehicle is registered with the traffic control department of the public security organ, on the road before. The vehicle has not been registered, need to temporarily run on road, it shall have a temporary pass." Rule ninth: the traffic control department of the public security organ, to meet the prescribed conditions, and shall issue the motor vehicle registration certificate, license plate and driving permit. Specified in the first paragraph of article eleventh: "driving a motor vehicle on road shall be suspended, motor vehicle number plate, place the conformity inspection mark, the insurance mark, and bring the vehicle license with the vehicle." The provisions of paragraph second: "number plates shall be in accordance with the provisions of the suspension and keep clear, complete, and may not deliberately blocking, fouling." judging from what you say, your motorcycle without registration, has not obtained the license plate license, which obviously belong to violate the law.

   Second, you are not on the license plate by the traffic police motorcycle temporarily has no legal basis? "Road traffic safety law of the people's Republic of China" the ninety-fifth stipulation: "motor vehicle on the road no motor vehicle plate, without a label of inspection, insurance mark, or not carried with the vehicle driving license, driving license, it shall detain the motor vehicle traffic control department of the public security organ, notify the party concerned to provide the corresponding certificate, marks or makes up corresponding formalities, and in accordance with the provisions of this Law shall be punished ninetieth. The parties concerned to provide the corresponding certificate, marks or makes up corresponding formalities, motor vehicle shall be returned in time." In view of this, you obviously violated the "motor vehicle on the road no motor vehicle plate" clause, police detained your vehicle is in accordance with the law. If you ride a motorcycle on the road, without a label of inspection, insurance mark, or not carried with the vehicle driving license, these all belong to the illegal act.

   Third, your motorcycle without a license plate on the road should be fine? In accordance with the provisions of article ninety-fifth, in accordance with the provisions of this Law shall be punished ninetieth. The ninetieth article pointed out: "motor vehicle drivers in violation of road traffic safety laws, regulations stipulated on the road, warning or twenty yuan two hundred yuan fine. The provisions of this act, in accordance with the provisions of punishment." Thus it can be seen, the state laws and regulations, your motorcycle without a license plate on the road, should be punished, or give you a warning, or twenty yuan to two hundred yuan fine.

   Fourth, Shenzhen three thousand and the penalties for traffic police to detain the driving license has no legal basis? Shenzhen people's Congress Standing Committee issued and in August 1, 2010 since the implementation of the "Shenzhen Special Economic Zone on road traffic safety violations punishment regulations" twenty-eighth article: "motor vehicle driving without license, no driving permit or not to obtain a temporary pass on road, detain the motor vehicle, a fine of 10000 yuan, and impose on the motor vehicle driving license for 6 months, 6 points in mind. Non motor vehicle circumstances as prescribed in the preceding paragraph, detain the vehicle, a fine of 3000 yuan, and impose on the motor vehicle driving license for 6 months, 6 points in mind. The driver does not indicate according to the temporary pass the time and route of the moving vehicle, impose a fine in accordance with the provisions of the preceding two paragraphs." According to the interpretation of the local traffic police department: must prepare the registration data on new car before, to the Department to apply for motor vehicle driving license plate "temporary", issued by the "motor vehicle temporary driving license plate" on the road, including to Che Kwun departments on taking pictures and making travel card. New car registrations or car before the transfer has not obtained the "motor vehicle temporary driving license plate", not to drive on the road. Non automotive vehicles including: motorcycle, trailers, wheeled machinery etc.. This means that, in accordance with the provisions of the Shenzhen Special Economic Zone, no number plate motorcycle on the road can be fined up to 3000 yuan, and impose on the motor vehicle driving license for 6 months, 6 points in mind. Shenzhen police said, a license suspension, but not issued driving license does not carry, plate or driving license has been issued during the lost child, "motor vehicle temporary driving license plate" not paste or Che Kwun sector registered unissued driving license conditions, the traffic police will not as "without license, without driving license".

   Fifth, whether the Shenzhen people's Congress has the power to violate provisions of law? "Road traffic safety law of the people's Republic of China" and "the people's Republic of China Road Traffic Safety Law Implementing Regulations" for the law, "the Shenzhen Special Economic Zone Road traffic safety violations penalties" for the law. In accordance with the law, the law shall not violate the law, and the law is not inconsistent. However, the 26 meeting in 1992 seven National People's Congress passed on Authorizing the Shenzhen people's Congress and its Standing Committee and the Shenzhen City Hall to formulate regulations and rules for the Shenzhen Special Economic Zone decision. In 2000 the "legislative law" sixty-fifth stipulates: "the province, the city where a special economic zone is located in the people's Congress and its Standing Committee decided, according to the National People's Congress authorized to formulate laws and regulations, implementation within the special economic zone." Eighty-first the provisions of the second paragraph: "Regulations of the special economic zones according to the authorization of administrative regulation of law, administrative regulations, local regulations, the provisions of this special economic zone applicable regulations of special economic zones." This means that, Shenzhen Municipal People's Congress and its Standing Committee may make some special provisions, implementation in the Shenzhen administrative region. Therefore, "Shenzhen Special Economic Zone on violations of the law on road traffic safety regulations" punishment is legal in Shenzhen special zone. No number plate motorcycle running on the road to a fine of 3000 yuan, and impose on the motor vehicle driving license for 6 months, down 6 points, there is a local regulations.

   Sixth, decide the punishment of traffic violations shall be made by whom is legal? The State Council promulgated by Decree No. 405th "109th to implement the provisions of regulations of the people's Republic of China road traffic safety law come into effect in May 1, 2004 of the": "on the road traffic safety violations will be fined or licenses suspended punishment, illegal behavior by public security organs of the people's Government at the county level or above the traffic administrative department of the public security organ to or equivalent the traffic management departments to make decisions; for a motor vehicle driving license revoked punishment, decided by the public security organ the people's Government of the city traffic management departments of districts or equivalent to the traffic control department of the public security organs to." This can be seen, provisions of laws and administrative regulations, as the source of your fine or penalty to temporarily driving license, the traffic unit issued by non penalty decision and seal, is invalid. However, "the Shenzhen Special Economic Zone Road traffic safety violations punishment regulations" forty-seventh article: "the traffic technical monitoring facility record violations of road traffic safety, the parties without objection, can go to the bank to pay the fines directly. Traffic management departments of public security organs payment no longer production and delivery of administrative punishment decision book." forty-eighth stipulates: "the public security organ of the traffic management departments and traffic police to implement administrative punishments shall abide by the following provisions: (two) applying the general procedure of punishment by the public security organ of the traffic, city management departments or the Traffic Police Brigade made the decision on punishment and". Rule fifty-first: "was suspended for a motor vehicle driving license or driving license notice to stop using, the traffic administrative department of the public security organ shall inform the owner of the vehicle treated; all people did not receive treatment within the prescribed time limit, the traffic police may detain the vehicle, until the violation until receiving treatment." Please you control the state laws and regulations of the Shenzhen Special Economic Zone, if there is no violation of procedural law, the traffic police department is appropriate.

   Accessories: Shenzhen Special Economic Zone on road traffic safety violations punishment regulations

   Chapter I General Provisions

   Article 1 in order to strengthen the road traffic management, the maintenance of the road traffic order, ensure the safety of road traffic safety, according to "the people's Republic of China Road Traffic Safety Law" and the basic principles of relevant laws and administrative regulations, combined with the Shenzhen Special Economic Zone (hereinafter referred to as the special zone), the enactment of this ordinance.

   Article second of the road traffic safety violations of administrative punishment, application of this ordinance. This Ordinance does not specify, in accordance with the provisions of relevant laws and regulations.

   Special vehicle forces, armed police forces, public security, judicial organs driving in violation of the present regulations, punishment in accordance with the regulations. The provisions of the laws, administrative rules and regulations provide otherwise except.

   All third vehicles, drivers, pedestrians, passengers and the relevant units and individuals, should consciously abide by the road traffic safety laws, regulations, and maintain the road traffic order.

   The punishment of fourth violations of the law on road traffic safety, shall adhere to the principle of combining punishment with education, the principles of legality, justice, civilization, open, timely principle.

   If the circumstances are minor, did not affect the illegal act of road traffic, the traffic police pointed out, the actor can correct, give a verbal warning after the release.

   To hinder the road traffic order, endangers public safety violations, shall be punished severely; on the illegal acts repeated seriously hamper the road traffic order, harm the public safety, aggravated punishment.

   The implementation of the traffic control department of the public security organs shall be responsible for the fifth regulations.

   The traffic control department of the public security organ shall, sixth city consciously accept social supervision, establish and perfect the law enforcement supervision mechanism and accountability system.

   Perform their duties according to law seventh traffic management departments of public security organs and the traffic police shall be protected by law, no unit or individual shall illegally interfere.

   The second chapter road traffic safety violations punishment

   Eighth pedestrians in violation of road traffic safety laws, regulations stipulated on the road, a warning or a fine of twenty yuan; but one of the following acts, a fine of one hundred yuan:

   (a) crossing the driveway isolation facilities;

   (two) into the highway in violation of the provisions of the;

   (three) selling goods inside motor-driven driveway or the dissemination of advertising.

   Ninth non driving motor vehicle in any of the following acts, a fine of two hundred yuan:

   (a) driving modification, installation of power device for non motor vehicle;

   (two) in violation of the provisions of the manned, carrier;

   (three), in violation of the provisions of the limit of;

   (four) the reverse traveling in motor vehicles;

   (five) into the highway, city fast roads in violation of the provisions of the.

   Violation of the preceding paragraph (a) provision, by the traffic control department of the public security organ seized power device.

   The tenth driving a motor vehicle in any of the following acts, a fine of three hundred yuan:

   (a) occupy the diversion route;

   (two) occupies a special lane in violation of the provisions of the;

   (three) in the crosswalk, Huang Fangge park;

   (four), in violation of the provisions of the limit of;

   (five) are not required to use the steering lamp;

   (six) does not press a regulation to avoid performing an urgent task for police cars, fire engines, ambulances, rescue vehicles.

   Article eleventh in any of the following acts, a fine of three hundred yuan:

   (a) turn vehicle not to direct traffic or not according to the provisions of yield;

   (two) into the guide lanes to change lanes or not according to the prescribed direction;

   (three) in case of waiting in a queue or running slowly forcibly overtake or occupy on the lane;

   (four) in case of intersection traffic jam when not in accordance with the law to stop at the junction outside waiting, forced entry.

   A year with the conduct of more than three times, each time starting from the third time a fine of five hundred yuan.

   Twelfth where a motor vehicle in the following places or circumstances to use the high beam light, a fine of three hundred yuan:

   (a) good road lighting conditions;

   (two) and to a pedestrian or vehicle at the intersection;

   (three) bridge, tunnel and viaduct;

   (four) to stop or suspend the driving.

   Motor vehicle thirteenth roads in violation of the provisions of paste explosion-proof membrane, membrane shade road traffic safe driving and safety inspection, shall be ordered to make a correction, a fine of three hundred yuan.

   The fourteenth driving a pedestrian crosswalk without traffic signal control, not speeding, a fine of two hundred yuan; when pedestrians are passing did not stop to yield, a fine of five hundred yuan.

   Fifteenth on the road or parking lot traffic accidents, causing only minor property damage, the basic facts are clear, the parties concerned shall ensure safety in the circumstances, the scene photographed or marking vehicle location, vehicle to safe place will not obstruct the traffic, since for negotiation or waiting for treatment.

   Do not leave the scene according to the provisions of the preceding paragraph, the cause of the traffic jam, a fine of five hundred yuan.

   Article sixteenth to drive a motor vehicle is not provided for by the prevailing traffic lights, a fine of five hundred yuan.

   A year with the conduct of more than three times, each time starting from the third time a fine of one thousand yuan; more than five times, in addition to fine, from fifth times each and suspension of motor vehicle driver's license for three months.

   In command of traffic policeman, road junctions, do not obey the command of traffic policeman, punishment according to the provisions of the preceding two paragraphs.

   The seventeenth driving motor vehicles running in the city fast road, highway, one of the following acts, a fine of five hundred yuan:

   (a) retrograde or travel backwards;

   (two) the event of an emergency, temporary parking is not according to the rules set up warning signs;

   (three) drive in the emergency, non emergency situations when the shoulder;

   (four) under normal circumstances is lower than the minimum speed limit driving.

   A year with the conduct of five or more, in addition to fine, from fifth times each and suspension of motor vehicle driver's license for three months.

   Eighteenth where a motor vehicle passenger on the highway, the driver shall be imposed a fine of one thousand yuan, suspended for a motor vehicle driving license for three months; in violation of the provisions of the passengers get off with a fine of one hundred yuan.

   Motor vehicles operating under the passenger on the highway, in addition to the punishment according to the provisions of the preceding paragraph, a fine of ten thousand yuan business units belong to the vehicle.

   Nineteenth passengers are standing city bus in highway driving, the driver one thousand yuan fine; a fine of ten thousand yuan business units belong to the vehicle. Except in a dedicated bus lane highway driving.

   Article twentieth for highway management unit management responsibilities, causing pedestrians, non motor vehicles entering the highway, the highway management unit imposed a fine of ten thousand yuan.

   Driving a motor vehicle in twenty-first drunk, a fine of one thousand yuan, the motor vehicle driving license shall be suspended for three months; drunk driving a motor vehicle, a fine of three thousand yuan, the motor vehicle driving license shall be suspended for six months and fifteen days detention.

   A commercial motorized vehicle driving, a fine of two thousand yuan, the motor vehicle driving license shall be suspended for three months; drunken driving operation of motor vehicles, a fine of five thousand yuan, the motor vehicle driving license shall be suspended for six months and fifteen days detention.

   Two times a year after drunk driving, in addition to fines and detention, motor vehicle driver's license revoked.

   Twenty-second heavy, medium duty truck has one of the following acts, a fine of one thousand yuan:

   (a) the reverse traffic;

   (two), in violation of the provisions of the limit of;

   (three) into the non motor vehicle lanes, sidewalks road.

   A year with the conduct of more than three times, each time starting from the third time a fine of two thousand yuan.

   Twenty-third heavy, medium duty truck loading exceeds the ratified load, detain the vehicle to eliminate the state law, and in accordance with the following provisions of punishment:

   (a) exceeds the ratified load did not achieve thirty percent, a fine of one thousand yuan;

   (two) more than the approved more than thirty percent load quality did not achieve fifty percent, two thousand yuan fine imposed on motor vehicle driving license for a month, a fine of five thousand yuan to the vehicle owner, the vehicle using the unit imposed a fine of ten thousand yuan;

   (three) more than the approved more than fifty percent load quality did not achieve one hundred percent, three thousand yuan fine imposed on motor vehicle driving license for a month, a fine of eight thousand yuan to the vehicle owner, the vehicle using the unit imposed a fine of fifteen thousand yuan;

   (four) exceeds the ratified load more than one hundred percent, with a fine of five thousand yuan fine suspension of motor vehicle driver's license for three months, a fine of ten thousand yuan to the vehicle owner, the vehicle using the unit imposed a fine of twenty thousand yuan.

   A year with the conduct of more than three, from third in illegal acts shall be the amount of the fine double punishment, the directly responsible personnel in charge and the use of vehicles and their subordinate units of the Department a fine of five thousand yuan.

   Twenty-fourth motor vehicle driving license is revoked or motor vehicle driving license is suspended during the driving of vehicles on the road, with a fine of two thousand yuan, can be in fifteen days detention; non motor vehicle driving license on the road, with a fine of two thousand yuan, a fine of fifteen days detention.

   The twenty-fifth driving motor vehicles in excess of fifty percent per hour less than one hundred percent, with a fine of two thousand yuan, the motor vehicle driving license may be revoked; in excess of one hundred percent per hour, with a fine of three thousand yuan, the motor vehicle driving license shall be revoked.

   Driving in heavy, medium duty truck circumstances as prescribed in the preceding paragraph, the provisions of the preceding paragraph shall be fined according to double, motor vehicle driver's license revoked.

   Motor vehicle twenty-sixth lighting device, driving change, adding that do not meet the national technical standards for safety of power equipment on the road, detain the vehicle, shall be ordered to eliminate illegal States, seized the illegal device, on vehicle all people with a fine of two thousand yuan, the illegal modification of units or individuals at a fine of ten thousand yuan.

   The twenty-seventh driving motor vehicles escaping after causing a traffic accident, does not constitute a crime, the punishment may be imposed in accordance with the following provisions, fifteen days detention:

   (a) only caused property losses, shall be imposed a fine of ten thousand yuan, suspended for a motor vehicle driving license for three months;

   (two) injuries, a fine of twenty thousand yuan, and impose on the motor vehicle driving license for six months.

   Driving a motor vehicle in escaping after causing a traffic accident, which constitutes a crime, shall be investigated for criminal responsibility according to the law, and to revoke the motor vehicle driver's license, and a lifetime may not re apply for a motor vehicle driving license. Traffic management departments of public security organs shall be banned from driving for life list regularly to the public through the news media.

   Motor vehicle driving without license twenty-eighth, no driving permit or not to obtain a temporary pass on road, detain the vehicle, a fine of ten thousand yuan, and impose on the motor vehicle driving license for six months.

   Non motor vehicle circumstances as prescribed in the preceding paragraph, detain the vehicle, a fine of three thousand yuan, and impose on the motor vehicle driving license for six months.

   The driver does not indicate according to the temporary pass the time and route of the moving vehicle, impose a fine in accordance with the provisions of the preceding two paragraphs.

   Twenty-ninth where a motor vehicle on road, not according to the provisions of the installation, motor vehicle plate, occlusion, defaced vehicle license or otherwise impede traffic regulation, to detain the motor vehicle to eliminate the state law, a fine of six thousand yuan, and impose on the motor vehicle driving license for six months.

   Have motor vehicle temporary pass on road, not according to stipulations in the front, rear windshield glass paste a temporary pass, punishment according to the provisions of the preceding paragraph.

   A year have behavior of the provisions of the preceding two paragraphs above two times, starting from the second time a fine of ten thousand yuan.

   Article thirtieth in any of the following acts, in accordance with the law to detain the vehicle, a fine of fifty thousand yuan:

   (a) the use of other motor vehicle number plate, driving license, the conformity inspection mark;

   (two) the use of forged, altered motor vehicle registration certificate, license, driving permit, conformity inspection mark.

   The owner of the vehicle to the others to commit an illegal act against the violations, a fine of fifty thousand yuan.

   Article thirty-first to drive a motor vehicle traffic accident responsibility or liability does not constitute a crime, according to the traffic accidents caused by illegal acts shall be two times the amount of fine penalty point, and according to the provisions on motor vehicle driving license.

   Traffic accidents causing serious injury does not constitute a crime, bears the responsibility for minor accidents, in addition to the fine, fine suspension of motor vehicle driver's license a month; responsible for the accident shall be equal responsibility, suspension of motor vehicle driver's license two months; bear full responsibility for the accident or the primary responsibility, and suspension of motor vehicle driver's license for three months.

   Traffic accidents causing death does not constitute a crime, bears the responsibility for minor accidents, in addition to the fine, fine suspension of motor vehicle driver's license three months; responsible for the accident shall be equal responsibility, suspension of motor vehicle driver's license for six months.

   The traffic control department of the public security organ shall, according to Article thirty-second of the traffic technical monitoring records, the violator will be punished according to law and score.

   The owner of the vehicle can not provide the implementation of the road traffic safety violations driver's name and a motor vehicle driving license and the illegal behavior recognition, will be punished and score of all motor vehicles.

   Thirty-third according to the traffic technical monitoring records shall be temporarily driving license, the traffic control department of the public security organ shall notify the owner of the vehicle shall accept the treatment in fifteen days. The owner of the vehicle is the unit or non motor vehicle driving license, motor vehicle driving license is revoked, not temporarily driving license and scoring, fines for the motor vehicles of all other one thousand yuan.

   The owner of the vehicle without treatment within the prescribed time limit, the traffic control department of the public security organ shall announce city motor vehicle owner's driver's license suspended, driver's license suspended during the driving motor vehicles running on the road, with a fine of one thousand yuan, and detain the vehicle, to accept treatment.

   Thirty-fourth in one of the following cases, the parties may apply to the traffic control department of the municipal public security organ for verification, verified, shall revoke the illegal record:

   (a) the traffic signal lamp due to failure or obstacle blocked drivers recognition;

   (two) the traffic signal lights, traffic signs and markings provided does not conform to the standard drivers recognition;

   (three) to obey the command of traffic policeman traffic technical monitoring facility record violations.

   Thirty-fifth shall meet the following conditions may apply for exemption from illegal behavior, a road traffic safety violations. Verified, the traffic control department of the public security organ may be given a warning, fines shall be exempted from.

   (a) the illegal act is not caused by traffic accidents;

   (two) the illegal acts occurred twenty-four months before the date of the inner city no violations of road traffic safety record;

   (three) the illegal behavior only fined punishment, and the amount is in five hundred yuan of the following.

   Thirty-sixth in the car rental business units, the taxi driver violates the provisions of this Ordinance, shall be increased punishment, business units to provide evidence of illegal behavior is not the same as the lessee for implementation, the traffic control department of the public security organ to verify nuclear real, does not apply to aggravate the punishment of the provisions of these regulations.

   The third chapter safety education, social services and credit

   Thirty-seventh passengers, pedestrians, non motor vehicle drivers in violation of road traffic safety laws and regulations, the voluntary acceptance of the education of road traffic safety, traffic police can arrange its help to maintain traffic order, to give a verbal warning, exempt from fines.

   The traffic control department of the public security organ thirty-eighth violations of the law on road traffic safety, the implementation of the cumulative points system. Motor vehicle driver violations of road traffic safety in a scoring period accumulated twelve points, the traffic control department of the public security organ shall detain the motor vehicle driving license, the road traffic safety laws, regulations and related knowledge of their education, after passing the examination, return of his motor vehicle driving license.

   Motor vehicle drivers a note in the points of a cycle of twelve points more than two or more points accumulated thirty points, should be re driving skills training, after passing the examination, return of his motor vehicle driving license.

   Thirty-ninth where a motor vehicle driver on the road traffic safety violations or after the traffic accident, points in a cycle of road traffic safety violations cumulative score did not reach twelve points, may apply to participate in the traffic control department of the public security organ of the road traffic safety laws, regulations and related knowledge learning, time less than six hours. After passing the examination, each can reduce the cumulative score three points, but the points of a cycle reduction shall not be more than six points.

   Fortieth where a motor vehicle driver to violate the road traffic safety laws, regulations, was suspended for three months or more motor vehicle driving license in accordance with the law punishment, punishment, should be designated to the traffic control department of the public security organ of the place to accept the education of road traffic safety in six hours.

   Forty-first accept the safe education or re driving skills training should be completed in temporarily driving license period. Due to violations of the expiration of the unfinished temporarily, temporarily shall automatically extend to do so. Have not completed within twenty-four months from the date of the suspension, revocation of motor vehicle driver's license.

   Forty-second where a motor vehicle driver to violate the road traffic safety laws, regulations, motor vehicle driver's license was suspended punishment, may apply to participate in the relevant departments to arrange social services, providing social services an hour allowance on a motor vehicle driving license for a day, but shall not exceed the motor vehicle driving license was suspended for the 2/3 time.

   Forty-third accept the safe education or participate in social services should be completed by the offender. Replaced by others or other resort to deceit behavior, safety education and social Business Hours recalculation.

   Specific measures for the implementation of forty-fourth safety education and social services, the traffic control department of the public security organs in the city health, civil affairs, urban management and other departments and volunteer association establishment.

   Article forty-fifth in any of the following circumstances, the traffic control department of the public security organ shall regularly motor vehicle credit system and transport enterprises violations of road traffic safety information notification credit institutions into individual or enterprise, for the relevant units and individuals in accordance with the relevant provisions of the query:

   (a) person violates the road traffic safety laws, regulations, shall be revoked or suspended by the detention, the motor vehicle driving permits for more than three months;

   (two) the occurrence of road traffic accident causing serious injury or death and liable for the accident;

   (three) a year in violation of road traffic safety laws and regulations, by more than five times the fine punishment;

   (four) the average vehicle transportation enterprises illegal rate is higher or the occurrence of the traffic accident death negative above the main responsibility.

   Traffic management departments of public security organs may, according to Article forty-sixth of the insurance institutions engaged in motor vehicle insurance business requirements, the relevant insurance institutions regularly prescribed in article forty-fifth information copy. Insurance institutions shall not in any way disclosure the information or the information is used to have nothing to do with the motor vehicle insurance.

   Fourth chapter the law enforcement program

   Illegal act of road forty-seventh for traffic monitoring facilities record traffic safety, the parties without objection, can go to the bank to pay the fines directly. Traffic management departments of public security organs payment no longer production and delivery of administrative punishment decision book.

   Pay the fine in accordance with the provisions of the preceding paragraph, the parties still have objections to the penalty, he may apply for reconsideration within sixty days from the date of payment.

   Forty-eighth traffic management departments of public security organs and the traffic police to implement the administrative penalty shall comply with the following provisions:

   (a) to pedestrians, car, non motor vehicle drivers fined two hundred yuan by the traffic police on the spot, which made the decision on punishment and fines are collected, for the receipt issued by the financial department of the printed. The non motor vehicle driver can not pay the fine on the spot, the traffic police may detain the non motor vehicle;

   (two) applying the general procedure of the punishment, the traffic control department of the public security organ or the Traffic Police Brigade made the punishment decision and implementation;

   (three) to revoke the motor vehicle driving license, the traffic control department of the public security organ that has made the decision on punishment and execution.

   Article forty-ninth in the designated traffic management departments of public security organs in heavy traffic road park or illegal vehicle temporary parking, traffic police can obtain evidence traffic monitoring facilities, making the decision of punishment.

   The fiftieth drivers detection of breath alcohol testing instrument results objection, the infrared alcohol tester using the National Metrology authentication test again, and to the detection of illegal acts as determined according to the nature of.

   Detection of infrared alcohol testing instrument results did not exceed the standard fifty percent drunk, drunk or did not exceed the standard twenty-five percent, the parties may request the blood test results, to detect blood alcohol content as the processing according to the detection result; and the infrared alcohol testing instrument test results were consistent, or not completely consistent but does not affect the illegal act of road traffic safety, testing costs borne by the parties.

   Fifty-first motor vehicles in the city has more than five times the road traffic safety violations, traffic police may detain the vehicle, until the violation until receiving treatment.

   Was suspended for a motor vehicle driving license or driving license notice to stop using, the traffic administrative department of the public security organ shall inform the owner of the vehicle treated; all people did not receive treatment within the prescribed time limit, the traffic police may detain the vehicle, until the illegal behavior to accept treatment so far.

   Because of the provisions of the preceding two paragraphs is detain the vehicle expenses incurred shall be borne by the offender, or the owner of the vehicle. Due to incorrect methods to detain the vehicle damage caused by motor vehicles, the traffic control department of the public security organ shall bear the liability for compensation according to law.

   Vehicle road traffic illegal record without treatment, the traffic control department of the public security organ shall not issue a motor vehicle inspection certificate, shall not handle the transfer of registration services, until the violation until receiving treatment.

   Fifty-second where a motor vehicle is detained in accordance with the law of the need to move to re submit the relevant procedures, the parties concerned shall provide legal proof, the vehicle towed to the appropriate place to go through the formalities. The provisions of the laws, rules and regulations provide otherwise, the provisions.

   Fifty-third for traffic accident need to detain the vehicle inspection, identification, traffic management department of the public security organ shall notify the parties within five days of receiving the vehicle has identified in the inspection, appraisal conclusion date. If the party concerned refuses to receive the notice three months and did not receive, by the traffic control department of the public security organ to the vehicle to the financial departments in accordance with the law; for illegal assembly and vehicles to be scrapped shall be confiscated and mandatory retirement; motor vehicle involved in other illegal and criminal behavior, the transfer of the relevant departments in accordance with the law.

   Article fifty-fourth the following violations of road traffic safety, traffic police in field recording fixed evidence, and as a basis for punishment:

   (a) in no honking area or Lu Duanming horn;

   (two) do not use high beam light, according to the provisions of the steering lamp and other lighting;

   (three) driving a motor vehicle in running hand make or take a mobile phone;

    (four) the pedestrian, non motor vehicle drivers in violation of road traffic safety laws, regulations.

Site record traffic police should be specific, specification.

   The traffic control department of the public security organ shall handle the fifty-fifth notice in accordance with the vehicle owner's correspondence address by mail traffic monitoring facility record violations of road traffic safety and the relevant legal instruments. With the consent of the owner of the vehicle, the traffic control department of the public security organ may also by fax, mobile phone text messages, e-mail or other agreed to inform, will no longer serve legal documents.

   Article fifty-sixth the owner of the vehicle should provide the communication address to the traffic control department of the public security organ as legal documents delivery address; do not provide, to register address for the service of legal instruments. Address change, should promptly notify the traffic control department of the public security organ.

   Article fifty-seventh the owner of the vehicle to the traffic administrative department of the public security organ to provide valid mobile phone number, e-mail and other contact information, the traffic administrative department of the public security organ shall, through the mobile phone short message, email in the illegal act of road traffic safety information to inform the owner of the vehicle.

   Illegal act of road fifty-eighth for traffic monitoring facilities record traffic safety, the traffic control department of the municipal public security organs can be administered by the subordinate Traffic Police Brigade; the parties can choose the nearest Traffic Police Brigade accept treatment.

   Article fifty-ninth if a party refuses to accept the decision of compulsory measures the traffic administrative department of the public security organ or administrative penalty, may within sixty days from the date of service of legal documents, to a higher authority for reconsideration; superior authority shall make a reconsideration decision within sixty days from the date of receiving the application for reconsideration. Anyone who refuses to accept the reconsideration decision may, within fifteen days from the receipt of the reconsideration decision, bring a lawsuit to the people's court.

   Article sixtieth units and individuals can report violations of road traffic safety to the traffic control department of the public security organ.

   The traffic control department of the public security organ to units and individuals to report violations of road traffic safety, shall timely check, in accordance with the law; treatment shall timely notify the informants.

   The fifth chapter management of law enforcement and supervision

   The traffic control department of the public security organ shall take sixty-first attendance records, inspection and other measures, strengthen the road patrol inspection. Regular fixed traffic monitoring facilities maintenance, to ensure its effective use.

   The traffic administrative department of the public security organ shall strengthen the sixty-second traffic police management, improve the quality of the traffic policemen and road traffic management level.

   The traffic control department of the public security organ shall conduct legal and administrative enforcement of traffic police training, assessment. Traffic police is assessed to be unqualified, shall be permitted to perform their duties.

   The administrative punishment of the traffic administrative department of the public security organ in accordance with the implementation of article sixty-third of the fines collected on the spot, in addition to the provisions, shall be in accordance with the provisions of relevant laws and administrative regulations, the implementation of separation of decision and collection of fines; fines collected shall be turned over to the state treasury in full.

   Sixty-fourth traffic management departments of public security organs and the traffic police shall have the following acts:

   (a) to take advantage of their positions to accept other's property or seek other benefits;

   (two) to eliminate violations of road traffic safety records in violation of the provisions of;

   (three) statistical traffic violation, traffic accident and casualty data resort to deceit;

   (four) enforcement of the law of road traffic safety in various forms of interference in accordance with the law;

   (five) does not perform the separation of decision and collection of fines or not according to the provisions of the law system of fees, fines are turned over to the state treasury;

   (six) do not perform their statutory duties;

   (seven) other breach of privilege, be forgetful of one's duties, play favouritism and commit irregularities behavior.

   Traffic police have one of the acts listed in the preceding paragraph, shall be given administrative punishments, which constitutes a crime, shall be investigated for criminal responsibility according to law; the traffic control department of the public security organ one of the acts listed in the preceding paragraph, the persons directly in charge and the other persons directly responsible shall be investigated for responsibility.

   Sixty-fifth, the public security organ shall, in the first quarter of each year will report last year, the city and road traffic safety violations to the Municipal People's Congress, and the public.

   Traffic management departments of public security organs should be the establishment of traffic management and enforcement of social supervision system, invites the social members, to supervise the traffic police perform their statutory duties of the.

   The sixty-sixth article of any units and individuals have the right to the traffic management departments of public security organs and the traffic police do not perform their statutory duties and other violations of law report, complaint.

   Traffic management departments of public security organs shall establish an acceptance report, the specialized agencies and report the phone and be published in the newspapers, the government website, the citizen's report and the relevant opinions and suggestions shall timely treatment, and the treatment of informants or suggested answer.

   Sixty-seventh. Supervisory organs shall strengthen the supervision over law enforcement activities of the traffic administrative department of the public security organ. Found not to perform their statutory duties and other violations of law, should be promptly dealt with according to law and the results will be announced to the public.

   The traffic control department of the sixty-eighth city public security organs shall establish a strict system of post responsibility and accountability system, the illegal punishment should be corrected. Because exercising authority violated the legitimate rights and interests of damage caused to the parties, compensation in accordance with the law.

   The sixth chapter supplementary provisions

   Article sixty-ninth the following terms used in this act means:

   (a) years, referring to the natural annual;

   (two) above, below, are included in this number.

   Seventieth the provisions of this Ordinance shall formulate the specific measures for the implementation of the relevant departments shall, within six months since the implementation of the regulations enacted in the day.

   Article seventy-first of this Regulation shall be implemented as of August 1, 2010. "The Shenzhen Special Economic Zone Road Traffic Management Regulations" shall be repealed simultaneously.