Wang Yunlong lawyers: traffic accident vehicle by the traffic police seized, the traffic police should be put in what time

Hebei century ark law firm Wang Yunlong lawyer

Problems:

    A driving motor vehicles and B ride electric vehicles collided B injuries, motor vehicles and electric vehicles damaged traffic accidents, traffic police will be a driving vehicle seizure, so the traffic police should be put in what time?

Legal advice:

    One, the traffic police detain the vehicle accident basis

    According to the"Road traffic accident handling procedures" article twenty-eighth:"Because of the need to collect 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."From this point of view, the traffic police impounded the vehicle is the need for collecting evidence, if not necessary, traffic police have no right to detain the vehicle.

    Two,Police detain the vehicle accident period

    (a) in general, seized the accident vehicle cannot exceed30Day

    According to the"Regulations" article twenty-ninth procedures to deal with road traffic accidents:"Because of the need to collect evidence, traffic control department of the public security organ may arrest and accident related items, and issue the seized items list in two copies, one copy to the holder is seized goods, an additional copy. Seized articles shall properly keep the.

Seizure shall not exceed thirty days, major case, complex, the public security organ at the same level or the person in charge of the traffic administrative department of the public security organs at a higher level for approval may be extended for thirty days; the provisions of the laws, rules and regulations provide otherwise except."From this point of view, the seizure of vehicles not more than the general30Day, major case, complex, theThe public security organ or the person in charge of the traffic administrative department of the public security organ at a higher level for approval may be extended for thirty daysThat is to say, under normal circumstances, the longest60Day. Of course, laws, regulations, and rules should be based on the continued detention, in general, related to the seizure of criminal tools preservation and in criminal cases, civil litigation before.

    (two) the need for inspection, identification of the case, the traffic police should be inWithin five days of inspection, appraisal conclusion determinedPut a car

    According to the"Regulations" article forty-fourth procedures to deal with road traffic accidents:"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.

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."The traffic police should be determined in the inspection, appraisal conclusion, the5Notify Party A detained vehicle.

(three) because of the need to collect evidence without the need for inspection, identification of the case, the traffic police in the accident the day of issue5DaysPut a car

In this case, do not find the relevant legal basis, law of personal practice and experience and. The main reason for the traffic police is to give the reservation before litigation consideration period, because, according to the "Civil Procedure Law"Article 101st:"An interested person in case of emergency, do not immediately apply for the preservation of its lawful rights and interests will suffer irreparable harm, in bringing a suit or applying for arbitration to be preserved before the property is located, has his domicile or the case with the jurisdiction of the court to apply for the Qu Baoquan measure. The applicant shall provide guaranty, does not provide a guarantee, the court rejected the application.

A people's court accepts an application, shall make a ruling within forty-eight hours; decided to take preservation measures, it shall be enforced immediately.

The applicant within thirty days after bringing a suit or applying for arbitration is not in accordance with the law in the people's court to take preservation measures, the people's court shall rescind the."After a traffic accident, the parties may be taken to court to resolve disputes, traffic accident certificate issued after, usually to the party left5Days, consider applying to the court by the pre litigation preservation. If in the5No application for property preservation before litigation days, then5Days after the traffic police to notify the parties concerned for the detained vehicle; if the5Days to apply for property preservation before litigation, the court shall order to approve the property preservation before an action, it can put the car to the court as the case to decide.

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