Xi'an Police Remediate Illegal Modification of "Bombed Street Cars"
□ Our reporter Zheng Jianfeng
□ Xuan Hao, correspondent of this newspaper
Some time ago, some people in Xi'an, Shaanxi Province frequently reported that they were often awakened by "exploding street cars" near their neighborhoods in the early morning, seriously disturbing the residents.
The so-called "exploding street cars" means that some motorcycle and car drivers illegally modify their vehicles in order to show off and gain attention, and race cars late at night.
In this regard, the Xi'an Public Security Bureau responded quickly: In order to improve the level of urban traffic management and reduce the noise pollution of motor vehicles, the public security and traffic police departments have deployed and carried out illegal refitting of cars and motorcycles, "bombing the streets" and "racing" and other illegal activities in the city. governance actions.
What are the hazards of "bombing street cars", what is the effect of centralized governance at present, and what responsibilities will be borne by illegally modifying vehicles and driving modified cars?
Around these issues, a reporter from the "Rules of Law Daily" recently conducted an in-depth interview.
Modified privately for stimulation
Safety hazards cannot be ignored
The "wind-pulling" body, the roaring engine, the harsh exhaust sound... The "bombing street car" on the street at midnight, which seems cool, has become an indescribable pain for the masses in the middle of the night.
The reporter used "motorcycle exhaust" as the keyword to search on an e-commerce platform, and a large number of exhaust pipe products came into view.
"The sound is beautiful, more surging, and more charming", "Good sound: strong and powerful at medium and low speeds, high-pitched, lively and sweet at high speeds" "The sound of the four-cylinder that has been changed is really fragrant"... Some users commented in this way.
In addition to illegally modifying the exhaust pipe of the vehicle, the reporter found that some people will also modify the tires, suspension, air intakes, etc. to varying degrees, making the vehicle look shiny and the accelerator roaring.
"The age of motor vehicle and motorcycle drivers is getting younger and younger, and the demand for personalized modification of vehicles is increasing, which has led to many auto repair points in our city to undertake motor vehicle modification business without permission." Jia told reporters.
Zhao Jia said that "exploding street cars" is very harmful: unauthorized changes to the size of the vehicle's outer shape, and the protruding parts are easy to rub against other vehicles or pedestrians; replace and brighten the xenon headlights, and the driver of the opposite vehicle and the front of the same direction are replaced and brightened. The driver's vision may cause temporary blindness, which is a potential safety hazard; changing the color of the turn signal, changing the brake light to a flashing form, and filming the lampshade can easily cause others to misunderstand the signals sent by the vehicle, thereby causing traffic accidents.
"Changing the circuit of the vehicle may cause the vehicle to spontaneously ignite; adding an exhaust pipe and removing the muffler of the exhaust system will generate noise pollution and affect the life and work of others; modifying the braking system of the vehicle can easily lead to insufficient braking or failure; modification The chassis structure, tires, and suspension affect the stability, balance, and passability of the vehicle body; if the illegally modified car is driven on the road, in the event of a traffic accident, the insurance company may not pay the compensation." Zhao Jia analyzed in detail.
Traffic police continue to rectify
Precisely strike on-site exposure
Recently, the police from the special service brigade of the Xi'an Traffic Police Detachment found a motor vehicle modification point located on Tiantai 4th Road in Xi'an after a week of squatting and guarding.
The Special Service Brigade investigated and dealt with the modification point according to law.
In the modification point, the parts required for vehicle modification such as vehicle surround, rear wing, exhaust, shock absorber, suspension, etc. can be seen everywhere.
Some workers are installing high-frequency exhaust for motorcycles, and some are modifying suspension.
During this operation, the police investigated and dealt with 14 suspected modified vehicles, handed over the vehicles to the traffic management department of the jurisdiction for further processing, and conducted legal education on the road traffic safety law and motor vehicle management regulations for the person in charge of the modification site and the staff.
From May 20th, the traffic police department of Xi'an Public Security launched a special campaign to strictly investigate modified cars and modified motorcycles, combining key rectification, joint law enforcement, and social co-governance, highlighting the four characteristics of accuracy, strictness, deepness and breadth.
According to Wang Jianwei, Section Chief of the Order Section of the Order Division of the Traffic Police Detachment of the Xi'an Public Security Bureau, the Xi'an traffic police researched and judged the clues collected through channels such as reports from the masses, media feedback, and road inspections. The information of road sections and motorcycle repair shops is processed into images to form "one network and two pictures" (that is, the road network with multiple occurrences of "racing" and "exploding streets", the location map of motorcycle gathering places, and the location map of motorcycle repair shops).
Through "one network and two pictures", the illegal activities of "bombing street cars" are precisely managed and targeted.
In addition, the traffic police department and the territorial market supervision department have established a joint law enforcement mechanism to trace the source and dig deep into the source of the modification.
The two departments have stepped up their investigation and punishment of illegally modified motorcycles and car "dens", and issued a "Notice of Rectification", ordering them to immediately stop the illegal modification, and punish them according to law if the circumstances are serious.
At the same time, we carried out door-to-door publicity for motorcycle repair shops, modification shops, clubs, etc., signed a responsibility letter, and promised not to provide illegal or illegal modification services.
"Adhere to social co-governance, and encourage the masses to report through the 12345 hotline, the traffic management 12123 and the 122 alarm phone for illegal modification of illegal acts and illegal modification of vehicles, 'speed racing' and 'street bombing'." Wang Jianwei said that this year Since then, Xi'an traffic police have seized 320 illegally modified vehicles.
In fact, this special operation is not the first time that the Xi'an Public Security Traffic Police Department has carried out.
In recent years, the Xi'an police have adhered to "zero tolerance" for the illegal act of "bombing streets" by vehicles, and have continued to carry out special rectification operations: more than 420 illegally modified cars and motorcycles will be seized in 2021; More than 110 modified cars and motorcycles.
Comprehensive coverage of relevant laws
Driving modifications are all responsible
"The Road Traffic Safety Law stipulates that it is forbidden to assemble motor vehicles or to change the registered structure, structure or characteristics of motor vehicles without authorization. However, in reality, there are still some drivers who transform their vehicles into 'bombing street cars' in pursuit of excitement. Chasing and other dangerous behaviors such as racing may violate traffic laws, and the driver will bear civil, administrative and even criminal responsibilities if an accident causes injury or death to others or property damage, or acts like drunk driving or driving without a license.” Beijing Zhang Yanfeng, a senior partner at Jingjing Law Firm, said.
Zhang Yanfeng further analyzed: From the perspective of civil liability, Article 1208 of the Civil Code stipulates that if a motor vehicle causes a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.
From the perspective of administrative responsibility, Article 99 of the Road Traffic Safety Law stipulates that if a motor vehicle travels 50% faster than the specified speed, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and it may also be revoked. Motor vehicle driving license; Article 57 of the Motor Vehicle Registration Regulations stipulates that if the shape of the motor vehicle and the related technical data that have been registered are changed without authorization, the traffic management department of the public security organ shall order it to restore it to its original state, and impose a warning or a fine of not more than 500 yuan.
From the perspective of criminal responsibility, the driver of a "bombing street car" is likely to commit crimes such as the crime of dangerous driving, the crime of causing a traffic accident, and the crime of endangering public safety by dangerous methods.
It is worth noting that some repair shops disregard the law for profit, and provide car owners with illegal modification services for motor vehicles, and convert vehicles into "exploding street cars".
In this regard, Zhang Yanfeng said that the law also clearly regulates the modification of vehicles by maintenance operators.
Article 22 of "Regulations on the Administration of Motor Vehicle Maintenance" stipulates that motor vehicle maintenance operators shall not modify motor vehicles without authorization.
If the entrusting party wants to change the color of the motor vehicle body, replace the engine, body and frame, it shall go through the relevant procedures in accordance with the relevant laws and regulations, and the motor vehicle maintenance operator can undertake the repair after checking the relevant procedures.
"If a motor vehicle maintenance operator modifies a motor vehicle without authorization, the road transport management agency at or above the county level shall order it to make corrections; if there is any illegal income, the illegal income shall be confiscated, and a fine of more than 2 times but not more than 10 times the illegal income shall be imposed; there is no illegal income or illegal income. If the income is less than 10,000 yuan, a fine of more than 20,000 yuan but less than 50,000 yuan shall be imposed; if the circumstances are serious, the road transportation management agency at or above the county level shall order it to suspend business for rectification; if a crime is constituted, criminal responsibility shall be investigated according to law.” Zhang Yanfeng said.