Driving without a license for electric tricycle to die should be able to get insurance gold
Source: find French date: 2012 02 month 07 days Zhejiang Yong Tai law firmChen Weiyun

   Case: in February 13, 2009, the insurance agent introduction, Zhao entered into a contract with the insurance company accident injury insurance, the insured and the insured person is Zhao himself, the beneficiary is not specified, the insurance period is one year, the amount of insurance for 150000 yuan. The contract, the insured for accidental death, the insurance company pays insurance gold 150000 yuan. After the conclusion of the contract, Zhao timely payment of insurance premium. The insurance contracts already in force. Prior to 2008, Zhao also to one insurance company a contract of accident injury insurance.
   In December 13, 2009 5 when the left and right sides, Zhao driving electric tricycle when he and heavy-duty trailer collide, causing the death of zhao. The traffic police team certificate issued by the accident, that Zhao was driving without a license, bear the main responsibility. The other party responsible person surnamed Wang negative secondary responsibility. The car of Zhao in early 2008 to buy, electric tricycle, but cannot handle the licensing procedures.
Zhao beneficiaries make claims to insurance companies, insurance companies to the vehicle belongs to the vehicle, Zhao driving without a license exemption refused to perform the payment obligation.

   1, about the tricycle qualitative problem: Although the traffic police will the car as the motor vehicle, the fact that the qualitative discussion.
   Electric tricycle in the case is in strict accordance with the "general technical requirements for electric tricycle" (local standard of Zhejiang province DB33/T344-2002) production, sales can be legitimate, nor prohibited by laws and regulations. The car was the traffic control department as a vehicle, but did not implement the brand management of license and in fact is not able to obtain a motor vehicle driving license and driving license. Driving the car accident is as driving without a license, even if the insured has no claim. Out of the protected the insurer and the beneficiary, similar around the court judgment or unlicensed driving behavior into the management category, or electric vehicles have the burden of proof to implement brand management of license and can actually obtained a motor vehicle driving license and driving permit by the insurer bear, are ruling the insurer shall bear the responsibility for compensation.

   2, driving without a license is the direct cause of the death of the insured, i.e. the proximate cause.
   In this case the insured person's death is a result of interaction of various causes of stress. Driving without a license does not necessarily leads to the death of the insured, the proportion can be paid for the causal relationship.
   First of all, "road traffic accident" that both the accident responsibility of traffic violations and fault and the accident causation, including Zhao violations and fault effects, small Wang violations and fault effect. Visible, cause Zhao death was the result of joint action of accident, the difference is only the force of different sizes only.
   Secondly, including Zhao illegal fault behavior: 1, non motor vehicle driving license driving; 2, the driving motor vehicles without registration; 3, on the road did not confirm the safety; 4, the improper operation. Visible, driving without a license is just one of the reasons, is not the only reason. While driving without a license exemption clause is intended to: is the only reason for the accident insurance and caused the death of the insured to drive without a license, the insurer shall be exempt.
   Thirdly, on the basis of traffic accident record of inquiry, can confirm that the incident was bad weather conditions, complex terrain, Wang fatigue driving these factors also cause cause accidents.
According to the principle of fairness, causing insurance accidents on the multiple causes losses, shall determine the reason and non reason underwriting underwriting the cause of damage ratio, determine the underwriting causal role in proportion to the size of the damage, and then determine the liability of the insurers. From this case, both the insured unlicensed driving behavior, and the insured fails to confirm the improper behavior control and safety, accident during a fault behavior intervention. Three, is the exception responsibility driving without a license, which is the insured liability. Insurance accident due to various reasons (both insurance liability and responsibility with the exception) cause losses, the insurance company shall make compensation for the losses, at least should also bear to liability insurance part of the loss.

   3, the insurance company can claim appropriate to reduce the specific explanation obligation standard.
   Although this case because Zhao two signed a similar contract of insurance, but not the standard explanation obligation of insurance companies is reduced.
   First, reduce the not equal to exempt. Whether "appropriate to reduce" should be considered before the insurer if there have been fulfilled that obligation plot.
   Secondly, "reduced" should not apply to insurance personnel make known the insured is in conditions of exemption in the case of. The reason is that should reduce compulsory standards applicable to insured people do not know the insurant is in violation of the exemption clause agreed under the condition, the insurer should be subjective good faith, not knowing, otherwise it will encourage people to escape liability insurance atmosphere. In this case, the insurance agent that the insured long-term driving unlicensed electric tricycle, should the car without driving license is that. In this case, the insurance agent remains committed to driving traffic accidents can be compensated, apparently unable to quote the exemption clause.
   Since that the insured for driving without a license, and electric tricycle is her essential tools, so the insurance company should foresee the possibility of the insurance accident, should be timely inform the insured corresponding consequences, and take the corresponding mitigation measure, this is a legal obligation of the insured person. But the insurance company to give up controlling risk through measures to increase the premium or to terminate the contract for default, the insured shall be regarded as acts of driving without a license, insurance companies to give up the right to rescind the contract and the exemption right of defense, constitute a waiver. But the insurance agent to the insured accident can obtain commitment riding claims, stay after the accident and rejected claims, and violate the principle of utmost good faith in insurance contract, which in turn. Based on the principle of waiver and estoppel, the insurance company shall be liable for compensation.

   4, the insurance company will have to provide the insured the exemption clause in the insurance clause.
   There are obvious signs of paste and binding between the original insurance contract insurance companies offer insurance and insurance in terms of the contract, the insurance association once and other documents (may be the insurance company claims the clause of insurance contract, it may not) bound together, but not that the insurance company will have these documents and the insurance policy to the the insured's conclusion. Due to the operation characteristics of the existing insurance companies are insurance companies employ insurance agents to sell insurance (in this case is the model), taking into account in judicial practice, there are insurance agents did not complete terms at the time of sale to the customer situation, therefore cannot exclude the insurance agent as the service quality is not high or to the possibility of easy to sell insurance deliberately conceal the terms of the contract, also cannot eliminate the beneficiary claims will be linked to the original insurance policy insurance agent, insurance agent and the possibility of slip attached to the insurance contract terms.

   To sum up, in this case the insurance company shall effect the payment of the insurance benefits to the beneficiaries.

Electric tricycle trouble without insurance can compensate
Our correspondent Guo Jianlei

   Electric tricycle traffic accidents caused by motor vehicles, in accordance with rule processing or in accordance with the non motor vehicle processing rules? Recently, the Nantong City Intermediate Court made a final decision on the dispute for compensation of road traffic accident case caused by electric tricycle: electric tricycle motor vehicle accidents according to treat, but the liability for compensation according to the rules of motor vehicle.
   In September 15, 2010 7 when make, Haimen residents a fan driving electric tricycle and Pu a driving electric bicycle accidents caused by certain death, pu. The public security organ is the main responsibility of Pu a negative accident responsibility, secondary fan a negative accident. Electric tricycle is a motor vehicle or a non motor vehicle directly affect a fan should be the amount of compensation. The court held that, Ministry of Public Security Traffic Management Bureau explained in July 28, 2005: "because the current state of battery tricycle Management without laws and regulations and related standards, the Department has no basis for issuing license and driving license, the battery tricycle on the road can be in accordance with the" road traffic safety law "and relevant laws and regulations, according to no brand unlicensed vehicle handling."

   The Ministry of public security traffic accident in Jiangsu Province Public Security Bureau on the battery tricycle relates to and traffic violations to reply clearly, to this kind of vehicle traffic accidents and traffic violations, processed in a motor vehicle. Therefore, a fan driving motor vehicles should be treated by electric tricycle. Due to the electric tricycle a fan driving did not participate in the compulsory third party liability insurance, in accordance with the "Regulations of Jiangsu Province on road traffic safety regulations" in article fifty-second, the minimum insurance liability limit by the defendant in a fan according to the vehicles shall be insured liability. More than some of the limits of liability, the liability for some 40% of the fan. Accordingly, decision a fan in the insurance to pay strong limit compensation, a family of 110000 yuan; 45662.20 yuan in compensation for the families of the deceased cross strong insurance limit, the compensation for mental solatium 20000 yuan. Total a fan should be compensation for 175662.20 yuan.
   After the verdicts, fan is not a, the Nantong City Intermediate Court of Appeal said: requirements for electric tricycle strong risk of the insured to pay, not workable; the court of First Instance judgement of the liability in the insurance to pay strong limit, unreasonable.
   Nantong City Intermediate People's Court of second instance trial by that: in practice, not electric tricycle strong risk of the insured to pay, but the appeal of people driving electric tricycle and the Pu a driving electric bicycle, which holds the superiority in speed, avoid risk ability, so although the road traffic accident confirmation that "a fan for the accident secondary liability, the Pu a bear the main responsibility of the accident", according to the principle of risk burden, the appellee caused by the case involving the loss of the accident, liability of discretionary by the appellant to bear 50% of the respondent, the rest of the losses borne by. The decision to compensate the family 132077.75 yuan a fan.

   Judges commented: electric tricycle has not been listed in the national catalogue, illegal installation of power car, not on the card and driving license, also cannot buy compulsory insurance and commercial insurance, driving electric tricycle traffic accidents, according to the Ministry of public security, relevant documents relating to the provincial public security department shall be in accordance with the spirit, vehicle treated. Traffic accidents are caused by electric tricycle in practice, users also can not buy insurance, once has the traffic accident will suffer losses, therefore, to remind the driver prudent to buy and use; in view of the existence of a large number of electric tricycle in fact, suggested that the relevant departments as soon as possible the relevant management regulations, to regulate and strengthen the electric tricycle and driver management, reduce traffic accidents.
   After the accident, the court to determine the specific compensation share, should be based on the traffic accident liability burden, refer to "the risk" rules, according to the principle of compensation processing motor vehicle traffic accidents, should not make the electric tricycle in the motor vehicle compulsory insurance within the limits of liability of all.

The speed of electric tricycle

   Electric tricycle gallop on the road, often more than 20 kilometers per hour, it really is a motor vehicle, or a non motor vehicle? Usually no one to think about this question. If a traffic accident occurs, and sometimes treatment often results in serious. Recently, Wuxi City Binhu District Court has accepted this case, electric tricycle to installation of the power device are used as the motor vehicle, car owners pay more economic compensation.
   June 3, 2007 morning, collided with the car Liu tricycle driving without license installation of power device, caused by injuries, the damage to the vehicle. The public security department as a secondary responsibility for the accident of liu. The court held that, although the state has not released the quality standards of electric tricycle, the public security organs do not give electric tricycle registration, it is not like other motor vehicle third party liability insurance can be insured, but according to the Ministry of public security to the Public Security Bureau of Jiangsu Province on "battery tricycle relates to traffic accidents and traffic violations to handle" answer: general electric tricycle and speed than the two wheeled electric bicycle 20 kilometers of traffic accidents and traffic violations, were treated according to motor vehicle. Therefore, the court found the electric tricycle in this case should also belong to the category of motor vehicle. Accordingly, the court exceeds the scope of insurance company the amount of compensation, according to motor vehicle accidents, in accordance with their respective proportion of fault responsibility.
   The judge's interpretation: the safe operation of motor vehicles and technological conditions of the State General Administration of quality supervision, inspection and Quarantine issued in 2004 the "" (GB7528-2004) is a standard for motorcycle, speed of more than 50 kilometers of electric tricycle belonging to motorcycle category, at speeds of between 20 and 50 kilometres of electric bicycle (two or three) belongs to the category of mopeds. In addition, according to the "Regulations" general technical requirements for electric bicycle, electric bicycle has a top speed should not exceed 20 kilometers. The technical requirements of the mandatory provisions. Only when the electric bicycle in accordance with the technical parameters of mandatory requirements, can be defined as a non motor vehicle legal sense. At present, some electric tricycle design at speeds of up to 60 kilometers per hour, and the design speed of two wheeled electric bicycle has more than 30 kilometers per hour.
   The judge called for, it is necessary to strengthen the management of electric bicycle, the electric bicycle design speed limit. The state should formulate relevant standards as soon as possible, strengthen to exceed the standard electric bicycle management, product quality supervision and management departments, the public security traffic management departments should strengthen the regulation of electric bicycles, electric bicycle as soon as possible will have reached the national motor vehicle standards into the scope of motor vehicle management.

In the analysis of road traffic management "tricycle"
Author Zhengzhou lawyer

   Tricycle, just as its name implies is three wheeled vehicle, is the important carrier force of road traffic. Mainly divided into three kinds, manpower tricycle, electric tricycle, tricycle. The electric tricycle, electric bicycle and electric motorcycle race, and motor tricycles and fuel Bicycle and motor vehicle said. At present, the tricycle to practice all over the controversial choice not a tricycle, this paper respectively in three kinds of models to analyze.

   Human tricycles

   Human tricycle belonging to the non motor vehicles, non motor vehicles in the "road traffic safety law" article eighteenth "only provisions for registration according to law shall be non motor vehicle registration, the traffic control department of the public security organs, on the road before." What is "should be registered" law did not elaborate, just shows the types of non motor vehicles shall be registered according to law, shall be prescribed by the province, autonomous region, or municipality directly under the central government according to the local actual situation. Will this provision to all according to the specific circumstances, so the country according to the local economic and social development on whether it should register human tricycle different rules. This one also to distinguish between human tricycle, mainly passenger tricycle as the main object of governance.

   Such as Leshan City, is clear about the passenger tricycle into an important part of city traffic and legislation to form to constraint management, "fifth Leshan city passenger tricycle Management Measures" provisions: the passenger tricycle management right belongs to the city public resources, by the city people's Government of the relevant administrative departments to take administrative approval, bidding way to determine the operator. In accordance with the law without approval and go through the relevant formalities in accordance with the provisions hereof, any unit and individual shall operate passenger tricycle. From the administrative sense by the administrative license on the passengers moving human tricycle Management for personnel from the source with the qualification certificate to the traffic control department of the public security management qualification, the standard decoration, registration and obtain a license. The passenger tricycle Management made it clear laws and regulations, the law enforcement main body clear, application procedures open, not only standardize the passenger transportation market order and do on traffic safety management.

   Yinchuan city only in part area of passenger tricycle had restrictive provisions, such as the "Yinchuan Municipal People's Government on banning car motorcycle disabled passenger operations and limiting motorcycle tricycle notice" Five: rickshaw to allow a certain number in Xixia district jurisdiction within the scope of the (Huang Baoche) engaged in passenger operation, the specific management measures formulated the Xixia District People's government. Human tricycle rickshaws passing and cutting off operations prohibited in Xingqing District, Jinfeng District jurisdiction. Six: in any of the following circumstances, be punished in accordance with the provisions of relevant laws, rules and regulations: (four) to the human tricycle Xixia area (Huang Baoche) has not obtained the operation qualification unauthorized operations or the vehicle transfer others passenger operations, shall be banned by the urban management department, and impose a fine of 5 yuan ~50 yuan. To refuse to accept the penalty of fine, the operation of the vehicle may be detained. So for the human tricycle passenger in Xingqing district and Jinfeng District phenomenon and no express how to punish, in fact the two district human tricycle passenger less no market. As for whether it should register and how to register no implicit.
   Similarly there are Xining and Hohhot, in 2010 the Xining Municipal Public Security Bureau and Hohhot City Public Security Bureau Traffic Police Detachment of each city's tricycle, tricycle two round. Take time limit line area traffic control measures. Its purpose is to reduce traffic congestion in urban central area, so did not distinguish whether the passenger, the emphasis of purification of traffic environment, so he did not have to explain whether it shall be registered.
   And Guangzhou as early as in 2008 to limit human tricycle caused widespread controversy in the community. Indeed, Guangzhou's population density, road capacity saturation but all kinds of vehicles are in case no tricycle is also helpless. Before the motorcycles is also in the motorcycle has reached flood state last ditch, motorcycles are banned, but the tricycle several cars are more than up. Especially in the operation of tricycles are the most outstanding, and it is such a group of traffic safety awareness is not high, traffic order difference, illegal behavior of typical type, reducing the capacity of the road, but also increases the safety hidden trouble caused casualties.

   The use of human tricycle grab economic interests is not only involved in the traffic problem and its essence is the normal traffic participants posed a threat to human life and property objectively, cancelled with the realistic consideration. If only the basis "" road transport regulations of the people's Republic of China sixty-fourth rather than starting from the aspects of city construction and improve the living environment, but also the lack of scientific proof. But the Guangzhou special rectification program also has defects, without the public consultation on the work that first action after the regulations, people quite have the opinion, the Guangzhou traffic department was pushed in the teeth of the storm of public opinion pressure is great. This reminiscent of human tricycle Lv Fushan Xi'an years ago 5 years to sue the traffic police team, and sued the 20 government departments finally won the lawsuit in Xi'an City Hall to legislation to regulate law enforcement.

And the same for the Guangdong Province Zhongshan city relatively cautious, in 2010 in the old city road traffic limited manpower tricycle. According to "road traffic safety law" in article thirty-ninth, with Xining and Hohhot run in the same groove.
   Other city such as Shantou, in the "Shantou Special Economic Zone human tricycle operation management regulations (Draft)" the manpower tricycle is limited in profit for the purpose of carrying passengers and goods transportation, for private use is not explained in detail. Shijiazhuang in 2011 the "Shijiazhuang City Public Security Traffic Management Bureau of prohibition of strengthening the urban road traffic safety management notice" "all roads in urban passenger tricycle driving an animal drawn cart pass, day and night are prohibited from entering the two loop (including) within the road." Emphasis is on the "passenger". Tangshan City only in key sections, no human tricycle prescribed period. The city with the area specific situation is different and has no finite but that human tricycle problems plagued the city and the management and orderly development of tricycle Management emphasis.

   Electric tricycle

   First of all, what is the electric bicycle? Released in 1999 the implementation of "general technical requirements for electric bikes" national standard electric bicycle designed maximum speed of no more than 20 kilometers, vehicle quality (weight) of not more than 40 kg, a charge after the mileage of not less than 25 km, there are riding function.
   In addition, road traffic safety law of China, electric bicycles in the non motor vehicle road, the maximum speed should not exceed 15 kilometers. At present, consumers to buy electric bicycle belonging to the non motor vehicles meet the prescribed standards, the owner does not exist the problem need a driver's license, the vehicle license plate. According to the standard definition of electric bicycle is: with the battery as energy, has two wheels, able to realize human cycling, electric or electric power assisted function special bicycle.
Note, the emphasis here is on "two" and "riding ability". In order to do not have the ability to exclude riding three wheeled electric in the electric bicycle outside? Does not explain the electric tricycle road traffic safety laws and regulations, but in the definition of non motor vehicles mentioned in the "tricycle"

   According to the "traffic safety law", the non motor vehicle refers to the human or animal driven, on road transport, and although the power device to drive but the design maximum speed, empty quality, shape and size of the disabled wheelchair motor vehicles, in accordance with relevant national standards for electric bicycles and other modes of transport. According to the practice of management, usually the non motor vehicle for bicycle, tricycle, electric bicycle, motor wheelchairs for the disabled and animal drawn vehicles.
   Electric bicycle belonging to the non motor vehicles and electric tricycle whether natural belonging to the non motor vehicle? "GA 802 2008 vehicle type terminology and definition of" second "-- 2.1: motor vehicles driven or drawn by power device, on the road for use by staff or for the wheeled vehicle for the delivery of goods and special engineering operations, including cars, trams, motorcycle, trailers, special machinery wheeled vehicles, tractor and special motor vehicle on road."
Here is not to see "electric tricycle" shadow. Because the "road traffic safety law" will be classified as non motor vehicles, electric bicycle ranks, properties of the electric tricycle is not stipulated, nor will the "car" and "car" accurate definition, so the electric tricycle belongs to a motor vehicle or a non motor vehicle has generated controversy. But this argument will affect some practical interests.
   "Regulations" industrial injury insurance fourteenth "workers have one of the following cases, should be identified as work-related injuries: (six) on their way to work by motor vehicle accidents." Electric bicycle belonging to the non motor vehicles, and therefore does not belong to inductrial injury, only to find the perpetrators of the compensation, if it is electric tricycle? According to motor vehicle operators employees can enjoy the treatment of work-related injuries, according to the non motor vehicle, workers can only luck.
   Recently, the Changshu court in Jiangsu province by a motorized tricycle, manpower tricycle and collided by Qin a riding accident dispute case, as in this case, a driving electric tricycle actually reached the motor performance, which belongs to the category of motor vehicles, traffic accidents between the Department of motor vehicles and non motor vehicles. It is based on the Ministry of public security to the Public Security Bureau of Jiangsu Province on "battery tricycle relates to traffic accidents and traffic violations and how to deal with" answer: "all the electric tricycle and speed than the two wheeled electric bicycle 20 kilometers of traffic accidents and traffic violations, were treated according to motor vehicle."
   But clearly in Public Security Traffic Management Bureau of the 2005 Sichuan province hall notice on issues related to motor vehicle management work in some places appeared: so-called "electric tricycle" on the road, according to the provisions of the so-called "electric tricycle" shape and structure, technical parameters and the national vehicle classification standard, the vehicle shall be three wheeled motorcycle category. The current national vehicle production enterprises and product management measures and the "road traffic safety law" and "Regulations" clearly defined, included in the State Council department in charge of motor vehicle products notice products sale, registration, on the road. In view of this kind of vehicle is not included in the national development and Reform Commission "vehicle production enterprises and product announcement", therefore, shall apply for registration, shall not be allowed on the roads. And once a traffic accident occurs, the owners of electric tricycle without the purchase of insurance, brought difficulty to deal with traffic accidents.
   And the National Standardization Management Committee on implementation of the "electric motorcycle and electric moped general technical conditions" and other 4 national standards will be more than 40 kg, more than 20 kilometers per hour of electric vehicles, will be included in the vehicle category. Then the "electric tricycle"? If it should justifiably license, into people's homes, on the license? At present, the electric tricycle did not enter the Ministry of industry and information technology "vehicle production enterprise and product announcement" directory, not recognized the competent department of motor vehicles, traffic control department of the public security organ in accordance with the law, no registration, no license and driving permit.
   There are a lot of real-life electric tricycle violates the road traffic safety law meet the eye everywhere, free parking, seize every opportunity, waiting for passengers, rob guest, the scene is very chaotic. Electric tricycle more safety performance will seriously affect the traffic and passengers, cargo security.
   Yinchuan city should be aware of the manpower tricycle, electric tricycle traditional is replaced by the huge and complicated. In the traffic police detachment launched the "city traffic engineering", and issued the "Yinchuan City Public Security Bureau Traffic Police Detachment on motorcycles, fuel bicycle, tricycle battery limit the traffic routes and areas of the notice", which states, Jiefang Street West direction from the day on three types of vehicles; Dong ban the above three categories vehicles and street to the west, Tongda street, south of the Great Wall Road, north to Shanghai roads within 9 to 20.
   At present, Ningxia has no specific legislation stipulate the tricycle belonging to the non motor vehicles or motor vehicle, its ability to sign and how to manage are not specified. But once the "motor vehicle" identified by the administrative punishment is bound to cause very big dispute, the traffic police once and car advocate the management problem of conflict, the driver can easily be onlookers in the deceived the weak, individual drivers will be made with the traffic police unreasonable.
   Yinchuan reality, traffic safety hidden danger and bring the electric tricycle growth more outstanding, every day there are caused by electric tricycle vehicles cut clean and personnel were injured in the traffic accident. But at the same time, it can not be denied, effects of electric tricycle in social production and life, it is this easy manipulation without the need for administrative licensing, flexible character, make it play the role of light carrying goods. Xinhua Street Center area during the day to ban small truck traffic as an example, the electric tricycle is not affected by the time line and even the direction of limited became an effective means for transport of goods business. Because of the circulation of commodities timely supply and need to supplement this time is not allowed into the truck road, even if there were vans can enter, but subject to the vehicle capacity and parking restrictions can not be quickly and easily, a lot of trouble in. So the electric tricycle more shuttle region in the center of Xinhua Street, do not have to worry about traffic jams and parking, the effectiveness of the use of maximum.
   At the same time to absorb the experience of Guangzhou, a large number of electric bikes become instead of tools in motorcycles, "a superficial reform" phenomenon can lead to electric tricycle, until.
   The strange phenomenon of this market demand oriented, it is difficult to use the public security traffic administrative means to fundamentally change. Especially in the present stage social groups off events occur frequently, when the masses psychological antagonism strong, the public security departments in sharp contradiction is on. But the universal phenomenon of electric tricycle is a social problem, the ban is unlikely to solve the fundamental problem, all over the country according to the local actual situation will certainly be different strategies.
   For example, Bengbu City Hall 07 years to strengthen urban motorcycle, electric vehicles, tricycles, the disabled wheelchair motor vehicles, vehicle management issued a notice, the electric bicycle, the disabled wheelchair motor vehicle registration and human passenger tricycle Limited Registration system. The fifth clear "to not meet the national standard of non motor vehicles, motorized wheelchair with fuel bicycle driving device, electric motorcycle, electric tricycle, tricycle, exceed the standard vehicle for the disabled and not included in the announcement of the national motor vehicle products, shall not be registered. All the above prior to the purchase of vehicles, the vehicle owner should circular issued since the date of 60 days with valid proof of purchase and valid identity documents to the city traffic management departments of public security organs for temporary traffic signs, hold the moped driver's license, and shall run on the road, driving motor vehicles shall comply with the relevant provisions. After the purchase of these vehicles, not to apply for temporary traffic signs, shall not run on road. Temporary traffic signs is valid until". But this notice also stressed the public security, transportation, quality supervision, industry and commerce departments perform their respective duties and cooperate with each other. But in Tibet Lhasa thousands of electric tricycle with no regulatory support will not license.
   Up to now, electric vehicles was dubbed the "low carbon, environmental protection" of the hat, the way in innovation has the potential to jump for. Only Nanjing Fengxian County annual production capacity of 3000000 electric vehicles tricycle, accounted for more than 50% of total output. In the local county government support to Fengxian County this year and the next goal is: to speed up the independent innovation, focusing on cultivating the 300000 vehicle leading enterprises, and strive to annual production of 3000000 units, the annual output value of more than 10000000000 yuan, the county into the largest, strongest electric vehicle research and development, production base. If only a "ban" will be on the county's GDP growth effect, from the enterprise perspective they must resolutely oppose a ban. It is involved in a wide range of the "electric motorcycle and electric light general technical conditions" motorcycle was a stay of execution.

   Motorized tricycles

   Motorized tricycles here is literal including agricultural wheel vehicle and motor tricycle vehicles, they are in essence is not what the dispute, this car is chapters can be found, according to the law. But the market in recent years, the emergence of a so-called "fuel Bicycle", including the three wheels of the so-called booster vehicle.
What is the "bicycle"? Standard cycle gasoline engine power released by the State Bureau of technical supervision "(GB-1998)" provides that: gasoline engine boosting bicycle is equipped with a gasoline engine, with two wheels, pedals, can realize the two functions of special motor bicycle, the cylinder volume should not exceed 30 ml; vehicle weight should not exceed 40 kg; in motor clutch disengaged state, should be driven by human foot; the maximum speed should not exceed 20 km / h.. Electric power assisted bicycle, in accordance with the national standards, can travel in the non motor vehicles on the road.
   But the market for most of the so-called "fuel booster tricycle" no pedal driving device, the cylinder volume exceeding 30 ml and which do not conform to the provisions of.
According to the "safety technical condition of vehicle operation (GB7258 - 2004)" standard, regardless of the drive mode, the maximum design speed of not more than 50 km / h, and if the use of internal combustion engine, the displacement is not greater than 50 ml of two or three wheeled vehicle, which belongs to the motorcycle in a motor vehicle. Including two wheeled motorcycles and three wheeled mopeds.

Litigation together for vehicle traffic accidents caused by the people's Court of Tongzhou Province in 2006 by the Jiangsu trial that driving fuel booster vehicle is a motor vehicle or belonging to the non motor vehicles, is the key to the case as a driving power car accused parties whether the compulsory third party liability insurance in the limits of liability.
   And the court according to the "Regulations of the people's Republic of China Road Traffic Safety Law" 119th and "gasoline engine boosting bicycle standard" identification "bicycle" as the motor vehicle, not on the license, they should not be out. In fact, the so-called "bicycle" just manufacturers and merchants say, the shape and the use of performance and motorcycle no two, driving the vehicle to vehicle category, according to "road traffic safety law", the driver should to go through on the licensing procedures, the traffic control department, apply for a driving license, and driving in the vehicle.
   However, many merchants selling this so-called "fuel booster tricycle" , related data certificate provided by the manufacturer, not up to the new "motor vehicle registration regulations", the so-called "fuel Bicycle" is not included in the national motor vehicle product announcement, Che Kwun sector nor the fuel bicycle registration and permit to travel on the road.
   The range of fuel bicycle belongs to the national production license, vehicle manufacturers must have "production license". If the manufacturer does not permit illegal production, dealers also bear the corresponding responsibility.
   "After the specification of motor vehicle factory certification management notice" issued, the big certificate exceed the standard gasoline engine boosting bicycle manufacturer factory with car allotment of two-dimensional bar code. At present in the market for the sale of bicycle has a production certificate, industry and commerce departments for investigation, must have quality supervision departments of the inspection results, can be on file for investigation and prosecution. Merchants in the premise has a business license, can take out vehicle certificate, can sell fuel bicycle, the business sector has no authority. Free business belongs to civil legal relationship, as long as it does not violate the law of contract, the contract behavior, as the public security departments have no right to also can not interfere the civil legal act.
   But the ordinary person to buy a bicycle as transportation tools to use, must be running on the road, so there is a legitimate but on sale "illegal" embarrassing situation. In fact, as an ordinary consumer, is impossible to master the technical knowledge, so does not recognize the "bicycle" whether to belong to the motor vehicle. That is to say, since the state to allow the sale of course you can buy, it seems natural to many people, so they will put the "bicycle" as a non motor vehicle use. In the traffic accident responsibility, only with no driving licence, no licenses and other reasons why the negative accident responsibility, and make the final risk fell on a not clear consumers head, really wrong. Maybe one day, for drunk driving conviction, still not knowing why it is so. For the consumers, is really very "strange". If found guilty, then sell the car dealers and manufacturers will also assume responsibility for what here?
   Also, there are a lot of people will distort the tricycle bicycle "motorized wheelchair", what is more, some people use the three wheeled bicycle as "motorized wheelchair" stem from illegal trading activities.
   Motorized wheelchair national technology standard definition of a motorized wheelchair: internal combustion engine powered wheelchair car, this car is designed for the disabled, generally for three rounds, all by the upper limb operation, and special vehicles with signs for disabled people, is the road transport, also known as disabled tricycle, the obvious location should be disabled only car logo. Motorized wheelchair is divided into light motorized wheelchairs and common wheelchair motor vehicles (gasoline engine nominal motor wheelchairs capacity is less than or equal to 50ml is called light motorized wheelchair. Gasoline engine emissions is greater than the nominal motor wheelchairs 50ml less than or equal to 150ml called a motorized wheelchair).
   Those with disabled wheelchair motor vehicles flag is engaged in illegal operating vehicles on the street ran so well, no FIMITIC issued certificate of disability, no proof of purchase, and no vehicle certificate. They are after the installation of roof to broaden the carriage, has become the transportation passenger and freight tools, which not only disrupt the operation order, and threaten traffic safety.
   Motorized wheelchair is defined as "non motor vehicle on road traffic safety law", as the legs with the disabled vehicle, different from other non motor vehicle, whether or not to register, the law does not mandatory provisions. But some of the body normal assembled tricycle use camouflage confusing concept special vehicles for the disabled, or directly use legitimate for the disabled wheelchair motor vehicles to engage in illegal operations, leading the masses quite have the opinion of such acts.
   As early as 2007, the Ministry of public security, the Ministry of civil affairs, the Ministry of labor and social security, the Ministry of construction, Ministry of communications, the State Administration for Industry and commerce, China Disabled Persons Federation, have jointly issued the "norms on the disabled wheelchair motor vehicles operating problems and maintain social stability view", to crack down on non disabled the disabled wheelchair motor vehicles in use operational activities, not for operating procedures on a wheelchair for the disabled disabled drivers engaged in operating activities, cancel the transfer operation vehicle disabled operation qualification.
   While the other city in the country for the disabled wheelchair motor vehicle management also has strict trend. Such as Hangzhou City, the establishment of Hangzhou City, the disabled wheelchair motor vehicles, tricycles illegal operation of the special rectification activities leading group. For the disabled wheelchair motor vehicles, tricycles illegal operation of the special rectification activities. Guangxi Nanning is "the Guangxi Zhuang Autonomous Region electric bicycle motor wheelchairs for the disabled management approach" to hold a hearing to listen to public views. Yunnan Kunming Kunming city "disabled wheelchair motor vehicles management regulations" to the public to solicit their opinions. Among the provisions: with a Kunming residence, should be in accordance with the law to apply for household registration location driving permits. A disabled person can only register a disabled wheelchair motor vehicles, and for disabled use. A motorized wheelchair disabled car, driving in the non motor vehicle lanes, and running at a maximum speed of 15 km. In Suzhou not only introduced the replacement of the disabled wheelchair motor vehicles, new car free standard to have disabled car city - limb disabled replacement, special contribution to the implementation of incentives to actively cooperate with the work of the owners, and selected the new car repair service point in each area, launch insurance companies offer commercial insurance services for the new car. But Suzhou City Hall about in the city to carry out implementation opinions of three wheeled motorcycle, electric tricycle, motorized wheelchair rectification work to "regulate wheelchair motor vehicle management, effectively helping the disabled drivers, traffic order, environmental improvement, civilization level, the more harmonious society, do practical things for the masses" for the purpose of, mainly for the recovery of the disabled wheelchair motor vehicles, the replacement of disability measures and strengthen road law enforcement work.
   In fact, as early as in 2003, Yinchuan City Hall it released a notice, prohibited the disabled wheelchair motor vehicles engaged in transportation in urban areas. The Public Security Bureau, bureau, traffic bureau, Urban Management Bureau and the construction in 2004 Yinchuan City Association and other departments jointly issued the notice stipulates: ban motorcycles, three wheeled motorcycle, the disabled wheelchair motor vehicles engaged in passenger transport; people disabled lower limb disabled man-machine wheel chair vehicle driver shall hold a certificate issued by the Yinchuan Federation of the disabled persons, persons with disabilities motorized wheelchair should be in non motor vehicle lanes, shall not exceed 15 kilometers per hour, are prohibited in the urban road centralized park. The 2005 Yinchuan City Hall promulgated "on the motorcycle, car and tricycle disabled only illegal operation for rectification and restricted passage notices" and to statistics comb real 127 disabled only car hanging "Yinchuan FIMITIC" car signs, these disabled special vehicle can travel in the city without any line, motorcycle forbidden area restrictions. (2008 198). The 2007 Yinchuan City Hall number again, allowing only the lower limb disabled people driving the disabled wheelchair motor vehicles, non disabled persons shall not drive a motor wheelchairs for the disabled. 2008 Yinchuan city also launched a great in strength and impetus of the special governance "Morocco" action and a total ban on the disabled wheelchair motor vehicle in city traffic operation. From 2009 to the Xingqing Federation of disabled persons to understand, the 80% operation "Morocco" of Xingqing district through various channels to find a suitable job, continue to embark on new jobs.

Above is the personal opinion, please to correct deficiencies.