The traffic police may detain the vehicle accident?

Lawyer wu:

    Hello. In January 29, 2010, I drive a van in Tangxia Tianhe Road due to avoid chaos interspersed with pedestrians crossing the street and knocked down by a motor vehicle fence 6, does not hurt the roadside pedestrians and other vehicles. After the accident, traffic police have seized my van, has not returned, I go to the traffic police brigade police interrogation, said both of us to reach a compensation mediation agreement will put your car. What should I do? The police have no right to seize my truck? Can be detained for a long time?

Answer.

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

   "The people's Republic of China Road Traffic Safety Law" seventy-second paragraph second: traffic police should be inspection, examination, the scene of the traffic accident to collect evidence; the need for collection of evidence, to detain the vehicle accident, but should be properly kept, for verification.

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

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

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

   3, inspection, identification is completed in five days shall be returned to the owner.

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

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

    Therefore:Traffic police because of the need to collect evidence, to detain the vehicle accident, shall entrust the relevant appraisal institution within 5 days, to complete the identification authentication institution shall within 20 days after approval, can also be extended for 10 days, the 30 day, the identification is completed, shall within 5 days upon the owner, so, the traffic police to detain accident vehicles in general 30 to 40 days.

   The traffic police may detain the vehicle accident, in order to collect evidence, test, the vehicle identification, in addition, shall not be any reason to detain the vehicle accident; but, in the inspection, identification within five days after the end of it should be returned to the party.

   The original "approach to road traffic accidents" the thirteenth stipulation: traffic accident caused personal injury to rescue therapy, all the traffic accidents and their units or motor vehicles shall be prepaid medical fees, can also be made by a public security organ designated by a party in advance, after the case in accordance with the traffic accident liability. Traffic accident responsibility person refused to advance or temporarily unable to advance, the public security organ may temporarily detain the vehicle traffic accident.

   Implementation of the May 1, 2004 "people's Republic of China Road Traffic Safety Law", the provisions are not applicable, the traffic police not to party fails to pay the medical expenses, compensation detained by vehicle accidents, accidents are common pay treatment on car is illegal.

   Of course, for the unknown source or origin, no license, has spent years, not in accordance with the provisions of the compulsory insurance of vehicles, shall be handled in accordance with relevant provisions.