Editor's note:
December 2nd is the eleventh "National Traffic Safety Day". This year's theme is "Civilized Law-Abiding Home Safely".
Motorcycles are one of the important means of transportation for people to go out.
In recent years, more and more motorcycles have appeared on the streets of cities.
According to data released by the Traffic Management Bureau of the Ministry of Public Security, in 2020, there will be 8.26 million new registrations of motorcycles nationwide; in 2021, the number of new motorcycle registrations will exceed ten million.
At the same time, the driving chaos of motorcycles such as running red lights, going the wrong way, not wearing helmets, refitting to speed up, and bombing the streets disrupted the traffic order to a certain extent. The number of various traffic violations of motorcycles investigated and dealt with in various places was not small, and the masses responded strongly. .
In order to further promote motorcycle traffic safety, explore a multi-governance system, and safeguard the safety of people's lives, the "Rule of Law Daily" launched a series of investigative reports on "Focus on Motorcycle Driving Safety" from November 30, so stay tuned.
Yue Yang (pseudonym), who lives in the first community of Sunhe Township, Chaoyang District, Beijing, became a motorcycle owner this spring and "realized the freedom of commuting."
Yue Yang is in his early 40s and works in an office building near the North Fourth Ring Road.
In order to save commuting time, he was introduced by a friend earlier this year to sign up for motorcycle driving training at a driving school in Haidian District, Beijing. After passing the test and obtaining a driver's license, he bought a two-wheeled motorcycle for commuting to and from get off work.
The motorcycle equipped with a windshield is usually parked downstairs. When you go out and ride on the motorcycle, you can get to the office building where the company is located in about half an hour. You don’t have to walk or wait for a car, and you don’t have to worry about traffic jams. Commuting time is about 20 minutes less than in the past.
In recent years, there are not a few people like Yueyang who choose to drive motorcycles for the freedom of commuting.
According to data released by the Traffic Management Bureau of the Ministry of Public Security, from 2019 to 2021, new registrations of motorcycles nationwide have increased significantly.
Accompanied by frequent motorcycle trips, there are prominent traffic violations and an increase in traffic accidents.
A number of experts said in an interview with a reporter from the "Rule of Law Daily" recently that motorcycles are just a means of transportation, and the key to traffic violations is the driver's problem.
From the perspective of urban traffic management, it may also be related to the sudden increase in the number of motorcycles and the failure of corresponding management rules to keep up with it in time.
Experts suggest that, from a human point of view, it is necessary to strengthen the management and education of motorcycle drivers, improve their awareness of obeying traffic laws and regulations, refine the conditions for illegal behavior, and increase punishment.
From the perspective of traffic management, the government should create a traffic environment that is friendly to all means of transportation, so that motor vehicles and non-motor vehicles can go their own way, and clarify the corresponding traffic behavior rules.
Advantages of motorcycle travel
The number of registrations is increasing year by year
Dong Fusheng (pseudonym), a resident of Jizhou District, Tianjin, has been driving a motorcycle for more than three years.
According to Dong Fusheng, who is in his 30s this year, driving is too congested now, especially in the morning and evening peak hours, and sometimes he cannot move 500 meters in half an hour.
In the spring of 2019, after passing the motorcycle driver's license test, Dong Fusheng bought a two-wheeled motorcycle.
He feels that riding on the road is "cool", and he no longer has to worry about traffic congestion.
In the spring of this year, Dong Fusheng bought another side three-wheeled motorcycle, commonly known as "Shouzi".
He explained that according to the Regulations for the Implementation of the Road Traffic Safety Law, minors under the age of 12 are not allowed to ride in the back seat of a motorcycle. As his daughter grows up, driving out is congested, and two-wheeled motorcycles cannot be used, so he bought a With a side three-wheeled motorcycle, a family of three can go out to play together, "it's still very cool."
Dong Fusheng found that in the past two years, there are quite a lot of people riding motorcycles around, including men and women. "When participating in driving training, men and women account for half and half".
Zhao Xiaodan (pseudonym), 30 years old this year, is a native of Beijing. He has been riding a motorcycle for five or six years. He has seen more and more people riding motorcycles around him.
Buying a motorcycle was his childhood dream. "I remember one time when I was in class, there was a roar of Yamaha's 10,000 rpm outside, which made my heart restless for a long time. Motorcycles planted deep seeds in my heart. ".
For him, riding a motorcycle through the streets and alleys of Beijing, like a free-riding life, "gave me the initial courage and took me out of the difficult days."
A traffic policeman on duty in Beijing's Second Ring Road told reporters that in recent years, the number of motorcycles on the road has increased steadily.
According to data released by the Traffic Management Bureau of the Ministry of Public Security, in 2020, 8.26 million motorcycles will be newly registered nationwide, an increase of 2.49 million compared with 2019; in 2021, 10.05 million motorcycles will be newly registered nationwide.
Zheng Xiang, a professor at the Law School of Beijing Jiaotong University and vice president of the Beijing Transportation Law Research Association, believes that the reason for the increase in motorcycles is that from an economic point of view, motorcycles have advantages that other similar means of transportation do not have.
For example, compared with cars, motorcycles are relatively cheap, have low fuel consumption, and are not afraid of traffic jams. They may travel faster than cars in congested roads. They do not need to purchase fixed parking spaces, and they occupy a small area of parking and are convenient for parking.
Compared with electric vehicles, motorcycles only take a few minutes to refuel, have a long mileage, and can also take people to ride.
In particular, the management of electric vehicles has been strengthened in various places. Electric vehicles can only be charged at public charging piles, which is inconvenient to use.
"From a cultural point of view, motorcycles are not just a means of transportation. Currently, many young people buy motorcycles as a hobby and a way to relax in their spare time. Driven by the promotion of motorcycle clubs and online celebrity videos, motorcycles It has become a symbol of individuality, which can better meet people's diverse and personalized needs for travel, and attract young people's attention." Zheng Xiang said.
In addition, according to Dai Xianfeng, secretary-general of the Legal Work Committee of the China Communications and Transportation Association, motorcycles have become a tool for some people to choose jobs when they re-employ, such as express delivery and individual traders, which is also one of the reasons for the rapid growth of the number of motorcycles. One; moreover, motorcycles do facilitate people's lives, such as picking up children, commuting to and from get off work, and traveling.
Hu Muzhi, a member of the Beijing Lawyers Association's Traffic Management and Transport Law Professional Committee, believes that motorcycles, as a means of transportation, have the advantages of lightness and flexibility, high traffic efficiency, fuel economy and no traffic jams, less road resource occupation, and improved traffic congestion.
At the same time, the current vehicle manufacturing technology is getting more and more advanced, and the pollution and noise problems of motorcycles have been solved, which has led to a rapid increase in the number of motorcycles.
The cost of breaking the law is relatively low
Management rules lag behind
One day in mid-September this year, Dong Fusheng took his wife out for dinner on a motorcycle, but was stopped by the police on the way back because his wife was not wearing a helmet.
In the end, the police gave him a warning.
Zhao Xiaodan has several traffic violations while riding a motorcycle, all of which are prohibited (motor vehicles violate road regulations when driving on the road and enter prohibited road sections), and have no other traffic violations. "Especially at red lights, I have never Do not break."
According to Liang Ya (pseudonym), a resident of Xicheng District, Beijing, there are many motorcycles that violate traffic laws.
According to the regulations of the traffic management department of Beijing, the roads within the Fourth Ring Road (excluding auxiliary roads) are prohibited from driving Beijing B license plate motorcycles throughout the day.
But she often sees Beijing B motorcycles in the second ring road.
What Liang Ya fears most when driving out is encountering a motorcycle on the ring road.
Her home is in the South Second Ring Road, and she goes to work outside the North Fourth Ring Road. She usually takes the Fourth Ring Road to commute by car, and often sees motorcycles taking the emergency lane or the bus lane.
What's more dangerous is that motorcycles are still interspersed in the traffic flow, and they will get in when they see a crack and leave when they see the road.
Some time ago, Liang Ya went home along the 4th Ring Road. When she was driving out of the 4th Ring Road exit, a motorcycle passed by her car like lightning, and she was so scared that she slammed on the brakes to avoid the motorcycle.
Li Shu, a resident of Haidian District in Beijing, hated some rampant motorcycles.
He found that, in order to save time, some delivery workers parked their motorcycles indiscriminately at the entrance of the restaurant, and changed lanes to overtake vehicles at random while driving, which often caused collisions; some parents often picked up their children on motorcycles at the gates of some primary and secondary schools, and the order was very orderly. confusion.
The above-mentioned traffic policeman on duty in the second ring road of Beijing said that based on his experience, a single policeman investigates and deals with about 5 motorcycle violations on average every day.
Public information shows that local traffic control departments have investigated and dealt with a large number of motorcycle violations this year alone.
From January to early May this year, Tianjin investigated and dealt with more than 1,100 motorcycle traffic violations.
In June this year, more than 600 motorcycle traffic violations were investigated and dealt with in Daxing District, Beijing.
From April to July this year, Jinan City, Shandong Province punished more than 10,000 illegal acts of motorcycles not following the prescribed lanes...
A number of typical cases of motorcycle violations have also been released around the country.
For example, in September this year, the Tianjin traffic control department released typical cases of motor vehicle violations, one of which was a motorcycle driver illegally driving while drunk on the road.
In the typical case of motorcycle violations released by Qinghai Province, the driver of Guinan County, Shi XX, was driving a two-wheeled motorcycle without a license plate, and collided with the small car driven by the driver Suonan XX on Guimang Highway, causing Shi XX to After being injured and sent to the hospital, the rescue failed and died, and the two vehicles were damaged.
In this regard, Zheng Xiang believes that, judging from the traffic violation data investigated and dealt with in various places, the absolute amount of motorcycle traffic violations is frequent and should be regulated.
In accordance with the principle of proportionality in administrative law, the intensity and urgency of governance should be commensurate with the actual risks caused by motorcycle traffic violations.
However, she reminded that as to the extent to which motorcycle traffic violations frequently occur, a more accurate judgment needs to be made based on the total number of motorcycles and the comparison with motor vehicles and electric vehicles. Provide evidence.
At the same time, the impact of motorcycles on urban traffic is also changing. It has many advantages, such as occupying less road space, passing traffic lights faster, and the circulation per unit time is higher than that of cars. More use is conducive to solving urban parking spaces. shortage issues etc.
As for the phenomenon of motorcycle traffic violations that exist objectively, the interviewed experts all believe that it must be dealt with.
In Hu Muzhi's view, drivers' illegal driving and casual interlude are still the main reasons for the frequent occurrence of motorcycle traffic violations.
In addition, the planning and construction of transportation facilities is unscientific, the supporting construction is incomplete, and the cameras on the road cannot effectively identify motorcycle license plates, resulting in that illegal motorcycle behavior cannot be corrected and punished, and illegal motorcycle owners ignore the rules and exploit loopholes in the law.
"Some unscrupulous manufacturers and private repair stations have disregarded the express prohibition of the state, modified or removed the speed limiter of the motorcycle without authorization, and increased the speed of the motorcycle, which objectively encouraged the illegal behavior of motorcycles." Hu Muzhi said.
Dai Xianfeng believes that the reasons for the frequent occurrence of motorcycle traffic violations include: insufficient study of traffic laws, low cost of breaking the law, and luck.
Zheng Xiang analyzed that motorcycles are just a means of transportation, and the key to traffic violations is the driver's problem.
From personal reasons, it is disregard or unfamiliarity with traffic rules.
This kind of disregard, in essence, is that the cost of breaking the law is low, and there is a fluke mentality that even if you break the law, you may not be punished or the punishment is very light.
"From the perspective of urban traffic management, there may be objective reasons for the sudden increase in the number of motorcycles and the corresponding management rules have not kept up with it in time. For example, should the entry threshold be raised for the driver's license assessment, requiring drivers to truly understand traffic? A driver's license can only be obtained after following the rules and proficiency in driving skills." Zheng Xiang said.
Increase the intensity of illegal punishment
Create a friendly travel environment
In order to eliminate hidden dangers of road safety, various places have launched motorcycle traffic violations and rectification actions.
The interviewed experts believe that to deal with motorcycle violations, we still need to adhere to systematic thinking and play a set of "combined punches" in accordance with the law.
In Zheng Xiang's view, from a human point of view, the management and education of drivers should be strictly enforced.
Strengthen the management of drivers' qualifications and clarify their responsibilities for violations.
Raise motorbike drivers' awareness of obeying traffic laws and regulations, refine the conditions for illegal behavior, and increase the intensity of punishment for violations.
"From the perspective of traffic management, the government should create a traffic environment that is very friendly to all means of transportation, so that motor vehicles and non-motor vehicles can go their own way, and can clarify their corresponding traffic behavior rules. Set up reasonable and clear traffic signs to guide Motorcycle drivers form good driving habits." Zheng Xiang said.
Zheng Xiang suggested that the commonly used navigation system has the option of motorcycles, and the traffic control department may consider cooperating with relevant companies, suggesting that the navigation system add reminders for motorcycles to obey the traffic rules.
Dai Xianfeng believes that training and law enforcement can be carried out simultaneously to improve motorcycle drivers' compliance with traffic laws.
In terms of training, the setting of training subjects should be scientific. We can learn from the grading of automobile driver's licenses in my country, and classify motorcycle driver's licenses according to size, displacement or difficulty of mastering, and conduct step-by-step examinations from low to high; increase the motorcycle training market. Supervise and inspect training units in accordance with the law, and resolutely prevent training from becoming mere formalities.
In terms of law enforcement, continue to improve the means, methods and methods of law enforcement, publicity and guidance go hand in hand, strike and punishment go hand in hand, exposure and warning go hand in hand.
The above-mentioned Beijing traffic police believes that with the development of new technologies, it is possible to strengthen the investigation and punishment of monitoring techniques according to local conditions. Motorcycle traffic violations.
"Implementing strict license management is the basis for the governance of motorcycle violations. First of all, we can consider controlling the 'entry gate' in the motorcycle sales process. When motorcycle sellers sell motorcycles, they should register with the same way as cars are sold. The relevant information of the vehicle owner shall be submitted to the vehicle management agency for filing in time, and the vehicle owner must go to the vehicle management agency to get a license plate within the specified time. To change the driver of the motorcycle, either scrap it legally, or resell it legally and go through the transfer procedures before changing the motorcycle.” The traffic policeman said.
Hu Muzhi suggested that according to laws and regulations such as the Road Traffic Safety Law and the Highway Safety Protection Regulations, the administrative regulations on motorcycles should be improved to ensure that motorcycle management decisions are scientific and rigorous, and reduce the incentives and loopholes for illegal phenomena from the source.
Author｜Rule of Law Daily all-media reporter Chen Lei
Source｜Rule of Law Daily