In the legal advisory lawyers received by the driver, a part of the traffic accident would ask lawyers such problems: traffic accidents, traffic police have the power to detain the vehicle? The traffic police may detain the vehicle for the longest time? This situation often occurs, thus seriously study the "road traffic safety law", "road traffic safety law", "Regulations for the implementation of the road traffic accident handling procedures" and the "road traffic safety law to deal with the procedural requirements" and other relevant laws and regulations, and study some related court cases, the intermediate people's court. Based on the result of writing this article, for those in the traffic accident buckled car parties to ensure that their legitimate rights and interests.

The legal basis for the traffic police buckle car

Provisions of laws and regulations to buckle car traffic police power is:

1       "Road traffic safety law"

2       "Regulations for the implementation of" road traffic safety law

3       "Procedures" to deal with road traffic accidents

4       The "procedures for punishing illegal acts of road traffic safety"

5       "Motor vehicle traffic accident liability compulsory insurance Ordinance"

Among them, the traffic police have the most comprehensive provisions of deduction of authority is "program provisions dealing with violations of road traffic safety":

"Twenty-fifth in any of the following circumstances, in accordance with the law to detain the vehicle:

(a) a motorized 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;

(two) have forged, altered or forged, altered motor vehicle registration certificate, license, driving permit, inspection certificate, insurance mark, driver's license or the use of other vehicles, motor vehicle registration certificate, license, driving permit, inspection certificate, insurance mark;

(three) is not in accordance with state regulations, the insured motor vehicle compulsory liability insurance of traffic accident;

(four) highway passenger vehicle or freight motor vehicle overloading;

(five) the vehicle is stolen;

(six) are assembled motor vehicle or to be scrapped;

(seven) does not apply for road transportation of highly toxic chemicals "passes" through the road transportation of highly toxic chemicals;

(eight) the non motor vehicle driver refuses to accept the penalty of fine.

On the occurrence of road traffic accidents, due to the collection of evidence needed, to detain the vehicle accident."

Therefore, the traffic police in only nine case described above, it has detained vehicle power.

The legal basis for the traffic police buckle car traffic accident

After the traffic accident, traffic police have buckled car power. Given the legal basis of this power is:

"Road traffic safety law" (The National People's Congress) seventy-second (traffic accident treatment program) "shall be specified in an inquest or examination, the scene of the traffic accident, traffic police to collect evidence; the need for collection of evidence, to detain the vehicle accident, but should be properly kept, for verification." At the same time there:

"Procedures" (road traffic accident treatmentThe Ministry of public securityTwenty-eighth) "the need for collection of evidence, the 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." At the same time "forty-fourthWithin 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. Escape to the driver of the vehicle or the parties without notice thirty days still do not receive the vehicle, after notice three months not to accept the deal, the detained vehicle handling."

Analysis of traffic police car buckle period of the law

According to the basic principle of "administrative law of administration according to law", the traffic police to detain the vehicle behavior and detain the vehicle time must comply with the law. Only in law has prescribed circumstances, traffic police to detain the vehicle. Only in law has prescribed circumstances, traffic police to detain the vehicle within the statutory period.

According to the National People's Congress enacted the "road traffic safety law" provisions, only in the traffic police to collect evidence of the case, to detain the vehicle. This is the legal reason of the traffic police to detain the vehicle, in addition, any holder and the inviolability of the sacred, the traffic police may rely on the executive power to detain.

According to the Ministry of public security "traffic accident handling procedures", the traffic police to detain the vehicle not only to statutory reasons "to collect evidence needs to be detained" vehicle "for safekeeping". Traffic police if not properly, causing damage to the detained vehicle, should bear the responsibility for compensation.

If the traffic police brigade has made the book so that traffic accidents, traffic police have found out the accident fact, no longer need to collect evidence, to detain the vehicle shall not return lost a legal basis, buckle car at this time, the traffic police should return the detained vehicle.

Of course, according to "road traffic accident handling procedures" provisions of article forty-fourth of the "inspection, identification of the conclusions to determine the date of five days, the traffic control department of the public security organ shall notify the party concerned to receive the accident vehicle" detained therefore, specifically, before the traffic accident identification book make, more precise time is five days inspection, appraisal conclusion determined date (five days after the inspection, identification is also must make the traffic accident period), traffic police must return the detained vehicle.

Hold time
Due to the need to collect evidence, rather than as the compensation required can be buckled car. The scene of the accident investigation shall be ended within three days following the entrusted appraisal, inspection, identification of the period shall not exceed 20 days, more than the approval of the public security department shall be submitted, no longer than 60 days.
The results of inspection, identification of 5 days after confirming, car.
According to the "procedures" to deal with road traffic accidents
Twenty-eighth need for collection of evidence, the 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.
The traffic control department of the public security organ shall not detain the vehicle accident cargo. The cargo in the verification of weight, volume and the loss of goods, notify the driver or owner of the goods themselves. Unable to inform the party concerned or not to deal with, "the relevant provisions of the public security organ shall be handled in accordance with the provisions of the" procedures of administrative cases.
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.
The field survey, the end of three days after the date of inspection, identification of needs, it shall be approved by the traffic administrative department of the public security organ at a higher level.
Thirty-eighth traffic management departments of public security organs shall and inspection, appraisal institutions agreed inspection, identification of deadline, the agreed period shall not exceed twenty days. More than twenty days, should be approved by the traffic administrative department of the public security organ at a higher level, but no longer than sixty days.
Within five days of forty-fourth inspection, 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.
Escape to the driver of the vehicle or the parties without notice thirty days still do not receive the vehicle, after notice three months not to accept the deal, the detained vehicle handling.
As can be seen, the public security departments only because of the need to collect evidence can buckle car (such as identification speed, brake light is qualified, not because of the need to buckle car for compensation, compensation need to buckle car should be carried out by the Court Property Preservation Program), examination time is generally not more than a month (may be less specific case inspection), after five days, 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.