The traffic accident when can retrieve detained vehicles and goods?

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  • / Author: Aaron Lewis

The traffic accident when can retrieve detained vehicles and goods?

 


A legal basis, detain the vehicle accident
   
"The people's Republic of China Road Traffic Safety Law" seventy-second paragraph second "traffic policemen shall conduct an inquest, inspection, collection of evidence on the scene of the accident; the need for collection of evidence, to detain the vehicle accident, but should be properly kept, for verification." The "procedures" provisions of the first paragraph twenty-eighth "because of the need to collect evidence to deal with road traffic accidents, traffic control department of the public security organ may detain the vehicle and the vehicle license, and shall issue a certificate administrative coercive measures. Vehicles and motor vehicle driving license shall properly keep the detained."
   
"Road traffic accident treatment work norms" the provisions of article thirty-sixth "the need for further verification, inspection, identification of vehicles, documents, materials, traffic police should be detained or arrested according to law, and issue a certificate administrative coercive measures or seizure list items and other legal documents, on the spot by the parties; the parties have died or not in the field, it shall be indicated in the legal documents."

   
Can be seen from the above provisions, the law of traffic police accident detained vehicle accident rights, detain the vehicle has the reason is because of the need to collect evidence, but in actual practice, the individual police to "collect the accident vehicle on evidence" to continue to detain the vehicle accident reason, even the term free to extend the detained vehicle. According to "road traffic accident treatment work norms" the first paragraph of article thirty-second
"Traffic policemen shall, in accordance with the relevant laws, regulations and provisions" traffic accident evidence Inquisition "standard, objective, comprehensive exploration field, extraction of trace evidence, through photography, video, graphics, making the scene record, fixed evidence."
The detained vehicle accident on the grounds of "collection of the accident vehicle on evidence" approach is illegal. During the handling of the accident, should prohibit such practices.
Rules, for the accident vehicle on evidence collection work, should be finished investigation at the scene of the accident, and does not need to be in detain the vehicle, once on the scene after the end still detain the vehicle accident, must carry out inspection, accident vehicle identification or verification,
Because of
   
How to deal with the two, impounding, the relevant legal provisions are as follows
   
"Road traffic accident treatment work norms" forty-seventh rules "on the physiological, mental health, human body injury, body, vehicle speed, and traces, articles and site road conditions need inspection, identification, the traffic control department of the public security organ shall, in accordance with the" road traffic accident handling procedures "provisions of article thirty-seventh of the time and asked for. To escape the traffic accident, the traffic control department of the public security organ shall be the date of inspection the suspect vehicle inspection, to the suspicion vehicles within three days of identification."
   
"Road traffic accident handling procedures" provisions of the first paragraph "thirty-seventh the need for inspection, identification, the traffic control department of the public security organ shall, from the date of the end of the scene of the accident investigation identified three days entrust a qualified inspection, identification. Shall within three days at the date of death by autopsy."
   
In accordance with the above provisions, the accident vehicle in the detention, the accident vehicle on the need for inspection, identification, should be timely inspection, within the statutory time limit and the registration of the vehicle identification and verification; the accident vehicle to vehicle registration of without the need for inspection, identification of the verification time. In the results of inspection, identification or vehicle inspection is completed, should be in accordance with the relevant provisions, timely return to detain the vehicle.
   
Three, about to detain the vehicle back
   
Because the current law the provisions the party refused to advance treatment costs can be buckled car traffic after the accident, according to the relevant provisions, detain the vehicle in the results of inspection, identification or vehicle inspection finished, returned promptly detained vehicles. But in practice, some accidents may spend tens of thousands of victims in a short time, or even hundreds of thousands of medical expenses, if the accident processing Department rashly will detain the vehicle back, are likely to cause the victim dissatisfaction, or petition cases. This accident processing departments according to the "Civil Procedure Law" the first paragraph of article ninety-third "interested party for the urgency of the situation, do not immediately apply for property preservation shall protect the lawful rights and interests of irreparable harm, can apply for the property preservation measures to a people's court. The applicant shall provide guaranty, does not provide the guaranty, rejecting the application." Regulations, written to inform the parties adopting property preservation before litigation rights. Accident management departments to adopt property preservation measures after receiving the court ruled that the book, should assist the court to detain the vehicle. But in the actual operation, to adopt property preservation before litigation is difficult to succeed, because according to the court, for the adoption of property preservation before litigation at least the following materials shall be submitted to the court: application for property preservation before litigation, 1; 2, the identity certificate of the applicant, the applicant is not the victim to prove the relationship between the applicant and the additional victims; 3, the respondent identification; 4, the accident vehicle ownership certificate; 5, "road traffic accident responsibility book"; 6, the equivalent guarantee, if it is based on other people's property as a security requirement others write letter of guarantee. For the "road traffic accident responsibility book" must be provided by the accident processing department, but according to "road traffic accident handling procedures" article forty-fourth
"Within five days of testing, identification of the conclusions to determine the date, the traffic control department of the public security organ shall notify the party concerned to receive the accident vehicle, motor vehicle driving permit and detained the seized items." And the "road traffic accident handling procedures" forty-seventh "in the first paragraph of the traffic administrative department of the public security organ shall be the date of manufacture scene investigation of road traffic accident within ten days of confirmation. Traffic accident cases produce road transportation accident in ten days after the seized vehicles and drivers in traffic accident certificate. On the need for inspection, identification, testing, expert conclusion shall be determined on the date of manufacture of road traffic accident within five days of confirmation." Regulations, notify the parties concerned to receive the vehicle and road traffic accident time is within five days of inspection, appraisal conclusion determined, even if the accident department, in making the road traffic accident shall immediately to the parties to the victim, the road traffic accident bookend to court property preservation measures the application, but also the other party to claim to detain the vehicle, thus collapse treatment department in a dilemma: not allowed to detain the vehicle, has to detain the time limit; if the release of detained vehicle, once the court decision of property preservation, and no car. In view of this situation, can make modifications to the existing provisions, to detain the vehicle to the road traffic accident within three days of the receipt of the book, because according to the "Civil Procedure Law" article ninety-third paragraph second "people's court after accepting the application, must be within forty-eight hours to make a ruling order to adopt property preservation measures;, it shall be enforced immediately." Regulation is accepting applications for the courts, shall make a ruling within forty-eight hours, so as to give applicants enough time to apply for property preservation before litigation.
   
The accident vehicle current detention regulations, car party rights are fully protected, but do harm to the victim, sometimes the victim spent hundreds of thousands, or even hundreds of thousands of medical expenses, car sometimes not a penny prepaid, to the victim in pain when the pain suffered, and money, and sometimes even delay treatment, cause physical disability. Some of the victims were badly injured, treatment needs a long time, and finally the end of the treatment, request the other party to give the corresponding compensation to the police, but there were the other party will vehicle sale, transfer of property, even the perpetrators of death, the victims can not get compensation, violation of the legitimate rights and interests. In view of this situation, we may consider the traffic accident processing margin system, car party should be based on the provisions of the injured state and the responsibility of the accident, the accident shall pay the full deposit to accident processing department, to compensate for the medical expenses payment and post questions, such as car party refuses to pay the deposit to deal with traffic accidents, can detain the vehicle accident. If more than the prescribed time limit is still not paid, in accordance with the law to detain the vehicle auction, the proceeds as accident processing margin.
   
Seriously in the laws and regulations, traffic police detained problem accident department under the provisions of the accident vehicle should support cautious attitude, in strict accordance with the law, to detain, return on time limit. If the deadline may detain the vehicle accident, many administrative lawsuit caused, and once lost the economic compensation, will affect the traffic police department's reputation and image. So it should be under the existing provisions, during the handling of the accident, considering the parties to the appeal, and strive to fully protect the legitimate rights and interests of the parties, and promote the harmonious development of society.