After drinking the motorcycle, he was told the police that he couldn't recognize the account ... the court sentenced!

The traffic police stopped at night, a man riding a motorcycle was found drunk driving first, and then found unlicensed driving. Although the car hung the number of Shanghai, it was finally proven to be false. The man involved did not recognize the account, but filed an administrative lawsuit. Recently, the Siming District Court tried the case and made a judgment.

Text/Reporter Peng Fei

Correspondent

Comic/Liu Zheyi

dispute

He said it was an electric car and the traffic police found that it was a motorcycle

He said that there is a problem with the license plate of the car license plate.

One night in December 2020, after drinking, Zhou Mou rode home and encountered a traffic police officer. He was tested -59mg/100ml, which constituted after drinking. Subsequently, the traffic police asked him to show a motor vehicle driver's license and found that he did not obtain a quasi -driving qualification for motorcycles. What's more outrageous is that this car is hung by the Shanghai number plate, and the traffic police system shows that the owner of the number plate has another person, and the registered vehicle model and other information are completely inconsistent with the car. Therefore, the traffic police take administrative coercive measures to deduct the car and deduct.

Zhou was dissatisfied. He thought he was riding an electric bicycle instead of a motor vehicle. And, his car had already got on the sign, and it was an electric bicycle number plate issued by the Shanghai traffic police. The court requested the decision to revoke administrative compulsory measures.

As the defendant's traffic police department, Zhou's vehicle has no pedal and does not have the function of pedal cycling. According to the "Road Traffic Safety Law" and related technical standards, it belongs to motorcycles. Moreover, the attributes of the vehicle have nothing to do with the region of the number plate, but should be determined in accordance with national laws and regulations and technical standards, not to mention the problem of Zhou's number plate.

judgment

Regardless of the authenticity of the number plate, it should be included in the province's management

Whether it is a motor vehicle must be judged according to national standards

The Siming District Court tried that, first of all, according to the comparison of the traffic police system, Zhou's electric bicycle number plate was the number plate of other electric bicycles. At the same time, in accordance with the "Road Traffic Safety Law", the registration of non -motorized vehicles shall be provided by the provincial government in accordance with the law. In other words, the registration and road traffic of non -motorized vehicles in Fujian Province shall be responsible for the relevant authorities in the province.

Secondly, the attribute of the vehicle should compare the actual technical parameters of the vehicle with the corresponding national standards. The national standards clearly specify the quality and pedal riding function of electric bicycles. Zhou's vehicles do not meet the requirements and do not belong to electric bicycles. They should be identified as motor vehicles.

Furthermore, Zhou drove a motor vehicle after drinking, and drove the vehicle without a motor vehicle number plate. The traffic police department made a decision to detain the motor vehicle and motor vehicle driving license. Essence In the end, the court rejected Zhou's claim.

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