There are 50 laws to be followed for fines for overpowering electric piles of fuel vehicles

  □ Our reporter Wang Chun

  □ Good law of our correspondent

  The fuel truck was parked at the public charging pile for 20 minutes, and the "Notice of Suspected Illegal Parking Behavior" was received.

Ms. Wang from Jiashan County, Zhejiang Province expressed dissatisfaction with the punishment result and took the law enforcement agency to court.

Recently, the People's Court of Jiashan County accepted this case.

  The court found that on a certain day in January 2021, Ms. Wang parked her fuel car in a public parking space equipped with a public charging pile for motor vehicles.

Twenty minutes later, when Ms. Wang picked up the car, she found that the front windshield had a "Notice of Suspected Illegal Parking Behavior".

  It turned out that law enforcement officials believed that Ms. Wang’s behavior was suspected of violating the “Regulations on the Promotion of Civilized Behaviors in Jiaxing City” and preventing others from using public motor vehicle charging piles. , Placed at the front windshield wiper of the vehicle.

After Ms. Wang went to the processing window to accept the processing, the law enforcement agency decided to fine her 50 yuan for obstructing others' use of public charging piles for motor vehicles.

Why can't the motor vehicle charging parking place stop temporarily?

Although Ms. Wang paid the fine, she was still not convinced, so she sued the court.

  After trial, the court held that Article 10 (4) of the "Regulations on the Promotion of Civilized Behaviors of Jiaxing City" stipulates that uncivilized behaviors that hinder others from using public charging piles for motor vehicles are prohibited.

At the same time, as stipulated in Item (2) of Article 22 of the Regulations, anyone who violates the foregoing regulations and prevents others from using public charging piles for motor vehicles shall be ordered by the comprehensive administrative law enforcement department to make corrections and may be fined not less than 20 yuan but not more than 200 yuan. .

The court then ruled to dismiss all claims of the plaintiff, Ms. Wang, in accordance with relevant laws and regulations.

  After the verdict was pronounced in the first instance, Ms. Wang filed an appeal.

A few days ago, the Jiaxing Intermediate People's Court held that the facts of the first-instance judgment were clear and the evidence was sufficient, so it rejected the appeal and upheld the original judgment.

  Judge's statement

  The judge later stated that Ms. Wang parked the fuel-fueled vehicle at a motor vehicle charging parking area equipped with a public motor vehicle charging pile, and her behavior constituted an obstacle to others from using the motor vehicle public charging pile. The above facts are based on the photos collected by the defendant law enforcement officers on the spot and the parties’ Statement as evidence.

According to Article 33 of the Administrative Punishment Law, the defendant, as a comprehensive administrative law enforcement agency, has the right to impose administrative penalties for obstructing others from using public charging piles for motor vehicles. Therefore, the defendant imposed a fine of 50 yuan on Ms. Wang’s violations. Determined by the law.

  In addition, Ms. Wang’s parking behavior is not the temporary parking required by Article 63 of the Implementation Regulations of the Road Traffic Safety Law. The temporary parking referred to in this clause refers to temporary parking to pick up and drop off passengers or carry objects without leaving the vehicle.

Objectively speaking, Ms. Wang’s behavior has prevented others from using the public motor vehicle charging pile and left the scene after parking, so she cannot be corrected in time.

Accordingly, the court made the above judgment.

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