Repeated driving without a license, how to deal with "traffic rogue"?
Expert advice: causing serious traffic accidents shall be punished with reference to the crime of endangering social and public safety
● Unlicensed driving and even the phenomenon of "unlicensed driving being checked repeatedly" is not uncommon.
Judging from the situation of road traffic accidents during the Qingming Festival in the past three years, unlicensed driving caused the most accidents in rural road traffic accidents, and the resulting traffic accidents accounted for 20.5%.
Judging from the road traffic accidents during the Dragon Boat Festival holiday in the past three years, among the traffic accidents on national and provincial roads, unlicensed driving caused more accidents, and the proportion of accident deaths accounted for 8.2%
● Driving without a license means that the driving ability does not meet the basic requirements of motor vehicle drivers. Once a dangerous situation is encountered, it cannot be dealt with in a timely and effective manner, which will greatly increase the probability of traffic accidents, and will cause harm to the personal and property safety of the surrounding people. threaten.
As a result of driving without a license, there will be no insurance claims for a traffic accident, which will increase their burden of damages
● The Traffic Management Bureau of the Ministry of Public Security organized the "Hundred Days Action" to rectify prominent traffic violations in summer, and deployed local public security traffic control departments to keep an eye on key violations of highway accidents, including unlicensed driving.
Public security organs in many places make full use of smart traffic control facilities to achieve the purpose of precise investigation and punishment, promptly investigate and deal with such hidden traffic violations, and eliminate hidden dangers to road traffic safety
● The public security traffic control department should increase law enforcement, maintain a high-pressure situation of “strict control, strict control, and strict investigation”, make full use of existing laws and regulations, and impose strict penalties on those who fail to change after repeated teachings, increasing their illegal costs.
It is recommended to increase the punishment, and further deepen the relevant legislation with reference to the sentencing standards for crimes endangering social public safety for those who cause serious traffic accidents due to unlicensed driving.
□ Our reporter Dong Fanchao
On November 23, 2015, he was punished by the traffic police of Yantai Development Zone, Shandong Province for a traffic accident caused by drunk driving, and his driver's license was revoked; on May 13, 2020, he was punished by Yantai Fushan traffic police for driving without a license; March 2021 On March 31, he was punished by the traffic police of Yantai Development Zone for driving without a license...
Wang, the "protagonist" of this series of illegal records, was "planted" not long ago.
On August 21 this year, Wang drove a small truck full of scrap steel bars into the sight of the traffic police. The steel bars on the car were simply tied with two hemp ropes, and it seemed that it might fall at any time.
After being stopped by the traffic police, Wang looked flustered and at a loss as to what to do, but did not take out his driver's license.
At the same time, a smell of alcohol came from the cab.
After the alcohol test, the alcohol content of his exhaled breath was 45mg/100ml, which is a drink-driving.
In the end, Wang was fined 2,000 yuan and placed in administrative detention for 15 days.
Article 19 of the Road Traffic Safety Law stipulates that to drive a motor vehicle, a motor vehicle driver's license shall be obtained in accordance with the law.
According to the latest statistics from the Traffic Administration of the Ministry of Public Security, the number of motor vehicles nationwide has reached 408 million, of which 312 million are automobiles; there are 494 million motor vehicle drivers, of which 456 million are car drivers.
However, it is not uncommon for a strange phenomenon like Wang to be repeatedly checked for driving without a license, which has become a major shackle on the road from my country to a country of "wheels" civilization.
Focusing on how to deal with this difficulty, the "Rule of Law Daily" recently interviewed public security traffic control departments, experts and scholars in many places.
Driving without a license is dangerous
Accident-prone burden
On July 17 this year, the procuratorate of Yichun City, Jiangxi Province reported a case of unlicensed driving. The driver, Zhang Mou, drove an overloaded truck without a license, lost control at the intersection, and collided with five cars waiting for a red light. 2 people died.
The public prosecution agency believes that Zhang, who drove without a license and fled after the accident, should be punished for the crime of causing a traffic accident.
Driving without a license is dangerous.
The reporter combed the cases of unlicensed driving investigated and dealt with by the public security organs in recent years and found that many of them did not change after repeated teaching - they were investigated and punished many times for driving without a license; traffic accidents caused by driving without a license are not uncommon, and some accidents lead to serious injuries and even death. as a result of.
In April this year, the People's Court of Jiefang District, Jiaozuo City, Henan Province heard a traffic accident. The defendant, Li, was fined many times for driving without a license.
In the end, Li was sentenced to eight months in prison.
In October last year, the judicial organs of Wushen Banner, Inner Mongolia Autonomous Region, disclosed a traffic accident case. Guo Moumou drove a three-wheeled motorcycle without a license after repeated teachings, and collided with a pedestrian, causing the pedestrian and the passenger to be injured and killed.
After the incident, Guo Moumou actively compensated and obtained the victim's forgiveness, and was sentenced to three years in prison in the first instance, suspended for four years.
In the long holiday traffic safety reminder issued by the Traffic Administration of the Ministry of Public Security this year, unlicensed driving, drunk driving, unlawful giving way, speeding and other illegal acts are included in the sequence of traffic safety risks that are prone to occur frequently.
Among them, the road traffic safety warning issued to the public on the eve of this year's Qingming Festival pointed out that from the road traffic accidents during the Qingming Festival in the past three years, unlicensed driving caused the most accidents in rural road traffic accidents, resulting in 20.5% of traffic accidents.
The road traffic safety warning issued to the public on the eve of the Dragon Boat Festival this year pointed out that, judging from the situation of road traffic accidents during the Dragon Boat Festival holiday in the past three years, among the traffic accidents on national and provincial roads, unlicensed driving caused more accidents, and accident deaths accounted for 8.2%.
"In 2000, the number of motor vehicle drivers in my country was 74.79 million. In 2010, there were about 213 million motor vehicle drivers in my country. In June 2022, there were 492 million motor vehicle drivers in my country. Since 2010, the average annual number of motor vehicle drivers has increased. There are nearly 20 million people. It is not difficult to see from the data that it is not very difficult to pass the motor vehicle driving qualification test.” Ma Sheqiang, an associate professor at the School of Traffic Management of the People’s Public Security University of China, said that compared with the number of people who passed the motor vehicle driving license test, there are “more people in the society”. The number of people who failed the first test" is relatively small, and the phenomenon of "repeated driving without a license" by these people is also a case.
However, driving without a license poses a serious traffic safety hazard to both individuals and society.
Ma Sheqiang analyzed that the failure of unlicensed drivers to pass the motor vehicle driving test also means that their driving ability does not meet the basic requirements of motor vehicle drivers. Driving vehicles on the road will cause certain traffic safety hazards to the society. If it cannot be dealt with in a timely and effective manner, it will greatly increase the probability of traffic accidents, and also pose a threat to the personal and property safety of the surrounding people.
At the same time, because these people are unlicensed drivers, they will not get insurance claims after the vehicles they drive have a traffic accident, which will increase their burden of damage compensation.
It is understood that in my country's judicial practice, if a person convicted of dangerous driving for drunk driving commits the illegal act of "driving a motor vehicle while the driver's license is revoked" during the probation period, the original sentence will be executed in accordance with the law.
Unified action to strengthen rectification
Smart traffic management precise investigation
To investigate and deal with unlicensed driving, the public security traffic control department is in action.
From July 27th to 31st, the Traffic Administration of the Ministry of Public Security organized the first wave of the “Hundred Days Action” for the special rectification of prominent traffic violations in the summer. We should strengthen the organization and mobilization, research and analysis, command and dispatch, inspection and supervision, and make every effort to stabilize the road traffic safety situation.
On July 28, the Traffic Management Bureau of the Shanxi Provincial Public Security Bureau transferred 80 business backbones from the Traffic Police Detachment of the Public Security Bureaus of Taiyuan, Changzhi, Jinzhong, Linfen, Luliang and other cities to form 9 off-site law enforcement teams to rectify the traffic violations of drunk driving and drunk driving. Serious traffic violations such as driving without a license.
During the unified action, local public security traffic control departments implemented the "separation of investigation and handling" model, unified case filing, investigation, and taking coercive measures to eliminate external interference to the maximum extent and improve the efficiency of investigation and handling and the quality of case handling.
In fact, the public security and traffic control departments in many places have carried out a lot of useful explorations on promoting the illegal behavior of unlicensed driving to treat the symptoms and root causes——
In mid-June this year, the Beijing-Tianjin-Tangzhou Expressway Brigade, the Expressway Detachment of the Tianjin Public Security Traffic Management Bureau, carried out the "Iron Fist 2022" special operation, and found the registration information of a passenger car driving along the Jinbin Expressway through the early warning of smart traffic management facilities. abnormal.
3 minutes later, the car was stopped by the traffic police at the Tianjin toll station of Jinbin Expressway.
The traffic police verified and confirmed that the driver of the car was investigated and punished by the public security traffic control department for driving a motor vehicle after drinking twice in 2014 and 2021, and his driving license was cancelled in accordance with the law in October 2021. Behavior.
When being investigated by the traffic police, the driver was remorseful, saying that this time it was because his vehicle had been parked for a long time and had a breakdown, so he was lucky to drive out to repair the car.
Not long after, the traffic police detachment of the Baodi Branch of the Tianjin Public Security Bureau used smart traffic management facilities to discover that the driver of a passenger car that appeared along the road in Baodi urban area had been revoked in 2019 for the illegal act of driving a motor vehicle while drunk Motor vehicle driver's license, suspected of driving without a license for a traffic violation.
After continuous investigation, the traffic police finally locked the car along Yuhua Street, and the territorial traffic police Chengguan Brigade dispatched a sharp knife mobile team to successfully stop and inspect the car.
After verification by the traffic police, the driver of the car constituted an unlicensed driving violation.
The reporter combed and found that not only in Tianjin, but since the beginning of this year, the public security traffic control departments in various places have attached great importance to illegal acts such as unlicensed driving. At the same time, they have continued to increase their work in their daily work, and made full use of smart traffic control facilities to achieve the purpose of accurate investigation and timely punishment. Investigate and punish such hidden traffic violations and eliminate hidden dangers to road traffic safety.
In order to promote the prevention of unlicensed driving at the source, the Tianjin Public Security Traffic Management Department has gone deep into various units, especially professional transportation enterprises, car sales 4S stores, driving training institutions, etc., to carry out traffic safety publicity, education and inspections for drivers, managers and business leaders. Work to eliminate unlicensed driving traffic safety hazards from the source.
The public security traffic control departments in Fujian, Gansu and other places went deep into the driving training institutions, inspected the training venues on the spot, checked the performance of the coach vehicles, the safety management rules and regulations of the driving school, and the implementation of safety responsibilities. Driving school students commit unlicensed driving traffic violations.
During the activity, the police explained the factors of traffic violations causing road traffic accidents on the spot according to the characteristics of the majority of drivers in summer on highways and the current traffic safety situation, and helped the students deeply understand the causal relationship between traffic violations and traffic accidents. The driver" fastens the "first button" for safe driving.
maintain strict control
Punishment for perseverance
Although local public security and traffic control departments strictly investigate unlicensed driving within the legal framework, there are still people who take risks and even repeatedly drive without a license after being investigated and punished, which brings serious hidden dangers to traffic safety.
How to manage this difficulty?
During the interview, a number of industry insiders and the public asked whether laws and regulations could be amended to increase penalties for unlicensed driving, such as increasing the amount of fines, so that unlicensed drivers are so painful that they dare not commit the crime again.
The reporter checked the data and found that some foreign countries impose more severe fines on unlicensed driving.
Penalties for unlicensed driving in the UK include a £1,000 fine, a ban on driving and a ban on applying for a licence for a number of years.
In Japan, the law stipulates that it is illegal to lend a motor vehicle, motorcycle, etc. to the other party, or ride the same vehicle with the other party, knowing that the other party does not have a driver's license.
In Italy, if anyone who drives a motor vehicle without a license is found, the traffic control department will, depending on the situation, suspend the motor vehicle for 3 months and impose a fine of 5,000 euros to 15,000 euros on the person responsible.
"To control unlicensed driving, especially the illegal behavior of unlicensed driving that is repeatedly investigated, we cannot lift it up and put it down gently." Yuan Zhenlong, director of the Comprehensive Management Institute of the Beijing Academy of Social Sciences, said that the public security traffic control department should increase law enforcement. Maintain the high-pressure situation of "strict management, strict control, and strict investigation", pay close attention to the outstanding problems of unlicensed driving, implement face-to-face control, online correction, and point-to-point investigation, adopt "highlighting key points for centralized rectification, and make good use of existing The laws and regulations of the People’s Republic of China will impose top penalties on those who do not change after repeated teachings, increase the cost of their violations, and effectively increase the deterrent effect of the law.
Ma Sheqiang believes that in response to the strange phenomenon of "unlicensed driving being repeatedly investigated", the public security traffic control department should regulate the investigation and punishment in accordance with the law, and increase the traffic safety publicity and education for these personnel to make them fully aware of the harm of such behaviors; at the same time; It is recommended to increase the application of big data research and judgment, include multiple unlicensed drivers in the list of key management personnel, and form social co-governance with their units, communities (village), and families to achieve social supervision and governance, such as in rural areas. Through "two stations and two members", we will strengthen the management of such groups of people and resolutely put an end to unlicensed driving.
"The public security traffic control department should further strengthen the information sharing with the driving school, scientifically analyze the reasons why the students failed the test for many times, and continuously improve their driving training through strengthening learning and training in a targeted manner. The training cannot be reduced because of 'sympathy' for these people. Otherwise, the hidden dangers of traffic safety will be passed on to the society." Ma Sheqiang said.
Yuan Zhenlong said that the relevant departments should focus on improving the teaching and training level of driving schools, and rely on various media to deepen the publicity of the rule of law, spread the correct travel concept, and promote the law-abiding, civilized and orderly travel concept to take root in the hearts of more traffic participants, starting from the source. Reduce the number of unlicensed drivers and promote the sharing of quality transportation life for all.
Regarding the punishment of unlicensed driving in the current judicial practice, especially the punishment of serious injury or death caused by unlicensed driving, many interviewees believe that although the punishment is in accordance with the law, the punishment is relatively light, which is incompatible with the seriousness caused by the traffic accident. The consequences do not match.
"Driving without a license is highly dangerous and can easily lead to major traffic accidents, causing heavy casualties, property losses, and a serious threat to public safety." Yuan Zhenlong suggested, from the perspective of maintaining public transportation safety order and protecting the safety of people's lives and properties It is necessary to give full play to the leading and promoting role of legislation, and to further deepen relevant legislation with reference to the sentencing standards for crimes endangering social public safety, if driving without a license causes serious traffic accidents.
The judiciary should attach great importance to the actual harm of obstructing safe driving, accurately identify the nature of the behavior, punish it severely in accordance with the law, give full play to the deterrent and educational role of punishment, and prevent and reduce the occurrence of illegal driving without a license.