[reproduced] on the motor vehicle traffic accident liability compulsory insurance "failure to obtain a qualification cognizance of" reply

 
                   
                  On the motor vehicle traffic accident liability compulsory insurance "failure to obtain a qualification" certification of the reply
                 The hall (2007) Letter No. 327
                 Dongfeng County of Jilin Province, the people's court:
                 You for Liu Zhaofu v. China earth insurance Limited by Share Ltd Liaoyuan branch case consultation letter. The study, reply as follows:
                 According to the "Regulations of motor vehicle traffic accident liability compulsory insurance regulations" twenty-second and "motor vehicle traffic accident liability compulsory insurance clause" in article ninth, did not obtain a driver's driving qualifications, the insurance company does not assume liability to pay compensation.
                 In practice, "failure to obtain a qualification" including the driver driving the vehicle and the quasi driving type does not match the situation. According to the relevant provisions of China's motor vehicle driver's license application use, drivers need to drive a motor vehicle of a certain type, shall, after passing the examination made quasi driving qualification, the corresponding therefore, actual driving vehicles and quasi driving type does not match should be identified as "failure to obtain a qualification".
                 Two hundred seven years in November 29th
                 Legislative Affairs Office of the State Council "on the 'the people's Republic of China Road Traffic Safety Law' and its implementing regulations
                 Understanding of issues related to the legal provisions of the "reply letter
                                           The secret letter (2005) No. 436
                  
                 Legislative Affairs Office of Beijing Municipal People's government:
                     
                 You do your letter of October 14th. Seriously study the three problems about the road traffic safety laws and regulations applicable to the letter was involved in, and with the NPC's Law Committee and the Ministry of public security, communication, reply as follows:
                  
                     One, on the motor vehicle on the driver license driving type does not match the punishment.
                  
                     
                 According to "road traffic safety law" provisions of article nineteenth, apply for a driving license, upon passing the examination, the traffic control department of the public security organ shall issue a motor vehicle driving license of the corresponding category. Drivers should be in accordance with the driving license of the quasi driving type driving motor vehicles. The driver license of motor vehicle driving type does not match, the property should belong to driving without license; in the application of punishment, according to the corresponding penalty principle, in accordance with the failure to obtain a driver's license and driving penalties appropriate lighter punishment.

                  
                     Two, on the understanding of "the second road traffic safety law" forty-seventh.
                     
                 "Road traffic safety law" forty-seventh paragraph is the provisions on pedestrian crosswalk shall comply with the provisions of the second paragraph, is the first outside the road works, "here without traffic signal", including any traffic signal without the "road traffic safety law" provisions of article twenty-fifth, including although there are some pedestrian road traffic signal but failed to clear indication of motor vehicles and across the road on the road of the situation. In the two case, the vehicle pedestrian is crossing the road, should avoid, in order to ensure safety.

                  
                     Three, on the driver's license is announced to stop punishment used driving motor vehicle.
                  
                     
                 According to "road traffic safety law" twenty-fourth and "road traffic safety law implementation rules" in article twenty-fifth, driving license is announced to stop using, the driver still continue to drive motor vehicles, belonging to unlicensed driving behavior driving qualification after the suspension in nature; in the application of punishment, according to the corresponding penalty principle, according to the failure to obtain a driver's license and driving penalties appropriate lighter punishment.

                     The above reply, for reference.
                                               
                              Legislative Affairs Office of the State Council
                                                                December 5, 2005
                  
                 The people's Government of Harbin Municipality on Forwarding the Legislative Affairs Office of the State Council
                 Notice the secret government Letter No. [2009]334 file
                 (HA g method word [2009]19 date)

                 Harbin City Public Security Bureau, Public Security Bureau of each county (city):
                 How about driving people hold more than valid driving license driving motor behavior law issue, the legal office of the people's Government of Heilongjiang province to the Legal Affairs Office of the State Council was asked. Legal Affairs Office of the State Council for the Standing Committee of the NPC Law Committee and the Ministry of public security advice, made a clear answer. The Legislative Affairs Office of the State Council. The secret government letter [2009]334 document transmitted to you, please follow carefully.
                 Business City Intermediate People's court agreed, City Hall requirements, our city in the strict implementation of the legal office of the State Council replies, should grasp the following contents:
                 Failure to obtain a driver's license should not obtain a driver's license after initial and cancelled two cases according to law. Driver's license expired and by the public security traffic management authority to cancel the driving motor vehicles, can apply the "Regulations of the people's Republic of China Road Traffic Safety Law" article ninety-ninth shall be punished, but consider this behavior and never get a driver's license and driving behavior, different in nature, danger, the punishment principle should be appropriate leniently. Driver's license expired, logoff driving motor behavior does not belong to the "failure to obtain a driver's license in accordance with the law" but has not yet been, can be based on "road safety regulations in Heilongjiang province" will be punished.
                 Two thousand and nine years in September 28th
                  
                 Department: Harbin City Hall
                 Release date: 2009 09 month 28 days
                 The implementation date: 2009 09 month 28 days (regulations)
                  
                 Legislative Affairs Office of the State Council to implement the relevant provisions applicable regulations inform understanding answer on road traffic safety law and
                  
                  
                  
                 Beijing Traffic Management Bureau file
                 Method [2006] 93 words
                  Everywhere, each branch, the brigade:
                 The Legislative Affairs Office of the State Council on the "road traffic safety law" and its implementing regulations applicable provisions understanding answer transmitted to you, please quickly convey, strict implementation. Notify the relevant issues as follows:
                 On the one hand, the driver license of motor vehicle driving type does not match the road traffic violations, apply "of the people's Republic of China Road Traffic Safety Law" article ninety-ninth (a) and two paragraph shall be punished, bureau "road traffic safety violations punishment and scoring standards" (cross word (2004 No. 877) relating to the penalty of detention time by 8 - 15 days to 5 - 10 days.
                 Two, motor vehicle and pedestrian traffic accident on the road, in despite of certain traffic, pedestrian road but failed to clear indication of motor vehicles and across the road on the road of the situation (such as: the middle of the road only a center line or have other signs, markings, but no lights or crosswalk line), shall identify accident responsibility according to the second paragraph of "the people's Republic of China Road Traffic Safety Law" forty-seventh.
                 Three, the police on duty on duty, found the full 12 points is still driving, driving the exchange shall detain the law enforcement station. Law enforcement station shall find the illegal facts according to the following punishment:
                 (a) the driver cumulative score over 12 points is still driving, according to "the people's Republic of China Road Traffic Safety Law" article ninety-ninth (a) a fine of 1000 yuan (illegal code: 301016).
                 (two) for driving license is announced to stop using is still driving, according to "the people's Republic of China Road Traffic Safety Law" article ninety-ninth (a) and two paragraphs shall be imposed a fine of 1800 yuan, the detention of 5 - 10 days (illegal code: 311016).
                 Four, the DMV and the acceptance of the application where the motor vehicle driver's license business, such as found in the applicant belongs to the driver's license was canceled after the re apply for a motor vehicle driving license, the applicant should query driver file whether the unpaid fine records, such as fines and penalties unpaid, the industrial and Commercial Bank of China to pay the fines to notice and late fees apply for the relevant procedures after the driver's license.
                 Five, ICT is responsible for updating the traffic violation processing system of punishment standard, provide code download data in the peony card program, coordinate and increase the illegal behavior code matters with the industrial and Commercial Bank of china.
                 Notice is hereby given.
                 Attachment: the Legislative Affairs Office of the State Council on the "on" the people's Republic of China Road Traffic Safety Law "and its implementation to understand the applicable legal provisions of the Ordinance" (letter of reply the secret letter [2005] No. 436)
                 Two hundred six years in February 8th
                 On "on 'the people's Republic of China Road Traffic Safety Law' and understanding of applicable legal provisions of the Ordinance" reply letter
                 The secret letter [2005] No. 436
                 Legislative Affairs Office of Beijing Municipal People's government:
                  
                 You do your letter of October 14th. Seriously study the three problems about the road traffic safety laws and regulations applicable to the letter was involved in, and with the NPC's Law Committee and the Ministry of public security, communication, reply as follows:
                 One, on the motor vehicle on the driver license driving type does not match the punishment
                 According to "road traffic safety law" provisions of article nineteenth, apply for a driving license, upon passing the examination, the traffic control department of the public security organ shall issue a motor vehicle driving license of the corresponding category. Drivers should be in accordance with the driving license of the quasi driving type driving motor vehicles. The driver license of motor vehicle driving type does not match, the property should belong to driving without license; in the application of punishment, according to the corresponding penalty principle, in accordance with the failure to obtain a driver's license and driving penalties appropriate lighter punishment.
                 Two, on the understanding of "the second road traffic safety law" forty-seventh
                 "Road traffic safety law" forty-seventh paragraph is the provisions on pedestrian crosswalk shall comply with the provisions of the second paragraph, is the first outside the road works, "here without traffic signal", including any traffic signal without the "road traffic safety law" provisions of article twenty-fifth, including although there are some pedestrian road traffic signal but failed to clear indication of motor vehicles and across the road on the road of the situation. In the two case, the vehicle pedestrian is crossing the road, should avoid, in order to ensure safety.
                 Three, on the driver's license is announced to stop punishment used driving motor vehicle
                 According to "road traffic safety law" twenty-fourth and "road traffic safety law implementation rules" in article twenty-fifth, driving license is announced to stop using, the driver still continue to drive motor vehicles, belonging to unlicensed driving behavior driving qualification after the suspension in nature; in the application of punishment, according to the corresponding penalty principle, according to the failure to obtain a driver's license and driving penalties appropriate lighter punishment.
                 The above reply, for reference.
                 Legislative Affairs Office of the State Council
                 December 5, 2005