Dahe Daily ·Dahe Client Reporter Ning Tiantian
On October 31, on the Zhengzhou (Huayuan Road Station to Gouzhao Station) section of the Lianhuo Expressway, a motorcycle traveling at high speed in the expressway overtaking lane attracted the attention of passing drivers.
How does the Henan Expressway Traffic Police view this situation? How to deal with it?
scene: The motorcycle is on the highway and keeps occupying the passing lane on the highway?
On October 31, a reporter from Dahe Newspaper·Dahe Client was driving near the Huayuan Intersection of Lianhuo Expressway to the west and saw many cars on the expressway, and a motorcycle was very conspicuous in the traffic.
The motorcycle was driving in the passing lane for a while, and then switched to other lanes freely. However, in the distance from Huayuan Road, Lianhuo Expressway to Xisihuangou Zhao Station, the reporter found that the motorcycle was basically passing. Driving on the driveway, the reporter's average speed was 110 kilometers/hour, but he could not catch up with the motorcycle.
After the reporter drove off the expressway at Zhengzhou Xisihuangou Zhao Station on the Lianhuo Expressway, the motorcycle continued to drive westward along the Lianhuo Expressway.
Controversy: Can motorcycles drive on the highway? Car owners and traffic police have different opinions. There have been many cases of motorcycles suing traffic police departments in other places. In September 2020, a "motorcyclist" from Ankang, Shaanxi Province was punished for driving a motorcycle on the highway. Because he refused to accept the administrative punishment, he took the motorcycle to the highway. Highway traffic warning went to court. On the morning of September 8, the Ankang Railway Transport Court heard the case publicly.
The plaintiff, Mr. Chen, complained that at noon on July 5, 2020, he drove a two-wheeled motorcycle from the Lintong toll station in Shaanxi Province to enter the expressway. When exiting the expressway at the toll station, the police on duty from the Ankang Expressway Traffic Police Brigade were fined 200 yuan in accordance with the provisions of Articles 38 and 90 of the "Road Traffic Safety Law" on the grounds of violating prohibited signs and markings. Score 3 points for processing.
Mr. Chen believes that two-wheeled motorcycles are not vehicles prohibited from entering the highway. Driving on the highway complies with legal regulations, and there is no sign prohibiting motorcycles from entering the highway at the entrance of Lintong Toll Station. Therefore, Mr. Chen refused to accept the administrative penalty and filed an administrative lawsuit with the Ankang Railway Transport Court, requesting the cancellation of the administrative penalty.
Ankang Expressway Traffic Police Brigade stated that the expressway operation and management department has set up traffic signs prohibiting motorcycles from entering the expressway at the entrances of various toll stations in Ankang. According to the relevant provisions of the Road Traffic Safety Law, it is a traffic signal and all motor vehicle drivers Everyone should abide by it. Just as the law stipulates the conditions for the passage of motor vehicles on urban roads, it does not mean that motor vehicles can pass at will on any road in the city. They should still follow the relevant traffic signs and markings. Therefore, Mr. Chen's driving of a motorcycle on the expressway in Ankang is a violation of traffic signs and should be punished.
During the trial, the two parties had a heated debate on issues such as whether motorcycles could be driven on the highway.
In 2017, Mr. Xia, a 34-year-old motorcycle enthusiast, took the Jiangxi Provincial Highway Traffic Police Second Detachment to court because he had been punished while riding a motorcycle on the highway. The Lushan People's Court held a public hearing on the case.
Mr. Xia is a motorcycle enthusiast in Nanchang. On February 1 this year, he rode a motorcycle worth 120,000 yuan from the branch toll station in Huangmei County, Hubei Province to the expressway. He was not injured on the expressway. However, a few days later, he found that his motorcycle was captured by an electronic camera on the Changjiu Expressway in Yongxiu, and was fined by the highway traffic police for "riding a motorcycle on the highway and violating the prohibition sign." A fine of 200 yuan and an administrative penalty of 3 points will be imposed.
Mr. Xia believes that national law does not forcibly prohibit motorcycles from riding on highways. According to the "Legislative Law of the People's Republic of China", when a lower-level law conflicts with the higher-level law , the provisions of the higher-level law shall be implemented. Therefore, Mr. Xia believes that Jiangxi should change motorcycle use. The rule of not being able to get on the expressway.
The local high-speed traffic police also responded: According to the first paragraph of Article 49 of the "Jiangxi Province Measures for the Implementation of the Road Traffic Safety Law", motorcycles, low-speed trucks, and three-wheeled vehicles are not allowed to enter highways and urban express lanes.
"Although national law does not clearly indicate that motorcycles cannot drive on highways, Article 39 of my country's Road Traffic Safety Law stipulates that 'the traffic management department of the public security organ may, based on the specific conditions of the road and traffic flow, conduct inspections on motor vehicles and non-machine vehicles. Motor vehicles and pedestrians should take measures such as diversion, traffic restrictions, and traffic bans, so the expressway management department can ban motorcycles from using the expressway.”
On June 1, 2019, police from the Fifth Brigade of the Nanyang Expressway Traffic Police Detachment in Henan Province were on the Shanghai-Shaanxi Expressway. When Zhaizhuang Station was carrying out traffic order improvement work, it intercepted a motorcycle. Under the scientific command of the team members, the motorcycle slowed down and pulled over for inspection.
The police severely criticized and educated the driver, and at the same time punished the driver in accordance with relevant legal provisions, which also caused controversy.
Question: Are motorcycles allowed on the highway in Henan?
The reporter checked the "Henan Province Expressway Regulations" and found that Article 43 clearly stipulates: "Pedestrians, non-motor vehicles, tractors, motorcycles... and other motor vehicles with a designed maximum speed of less than 70 kilometers per hour are not allowed to enter the expressway." .
It is understood that although according to my country's "Road Traffic Safety Law", it is legal for motorcycles to drive in the outermost lane of the highway and enter the highway as long as the driving speed is not less than 60 kilometers/hour and the maximum speed is not more than 80 kilometers/hour. However, the actual situation of Henan Expressway is different from other places. The road conditions are complicated, the traffic flow is large, and the mountains and hills are common. Once a motorcycle enters the expressway, the probability of traffic accidents will definitely increase significantly.
Moreover, the "Henan Province Highway Regulations" also clearly stipulates that motorcycles are not allowed to enter highways in Henan Province. Therefore, the Henan Expressway Traffic Police Department restricts motorcycles from using the expressway, and has also set up signs prohibiting the entry of two-wheeled motor vehicles at the entrance of every toll station on the Henan Expressway.
Regarding this, on the morning of October 31, a reporter from Dahe News·Dahe Client called the Henan Expressway Traffic Police and was told that motorcycles are not allowed on Henan Expressways and the traffic police along the route will be notified to pay attention to the discovery.
However, what is puzzling about this is that if motorcycles are prohibited from traveling on the Henan Expressway and there are signs prohibiting the entry of two-wheeled motor vehicles at the entrance of each toll station, then how did this motorcycle get on the expressway? ?
