After driving and pulling a passenger on the street normally, the traffic police stopped him. The traffic police said that the passenger sitting in the back row of the car did not wear a seat belt, and the taxi driver was fined 5 yuan.
Take a taxi on the streets of Zhengzhou. After getting on the bus, many people know that they should wear seat belts when sitting in the passenger seat, but do passengers sitting in the back seat also have to wear seat belts? Recently, a taxi driver reported to Dahe that after driving and pulling passengers on the streets normally, he was stopped by the traffic police. The traffic police said that the passengers sitting in the back row of the car did not wear seat belts, and the taxi driver was fined 5 yuan. The traffic police said that the basis for the punishment was the Road Traffic Safety Law. However, some drivers believe that if passengers do not wear seat belts, they should be punished and only the driver is punished, which is a bit unfair.
[Escape] The driver was fined 5 yuan for passengers in the back row without wearing seat belts
"It's the first time I've been driving a taxi for several years." Master Lu, a taxi driver in Zhengzhou, recently encountered something. After he posted this incident to his Moments, it caused a lot of heated discussion.
Master Lu said that at around 2 pm on March 27 this year, he drove a taxi to pick up two foreign passengers. After they got on the bus, one sat in the passenger seat and the other sat in the back seat. The two said that they had something to go to the Yellow River Ying Hotel.
Master Lu drove the two of them to the Yingguan Hotel in the Yellow River. When the vehicle drove to Yingbin Road (Zhongzhou Avenue to Huayuan Road), the traffic police on the side of the road signaled him to stop. Then, the traffic police said that the passenger in his back row did not wear seat belts and needed to be punished.
At this time, Master Lu discovered that he and the passenger sitting in the passenger seat were wearing seat belts, but the passenger in the back row did not wear seat belts.
Traffic police said that if the driver and passengers do not wear seat belts, according to the provisions of my country's "Road Traffic Safety Law", drivers should accept penalties. The statement of
made Master Lu a little confused. In his impression, passengers in the passenger seat should wear seat belts, but do passengers in the rear seat also have to wear seat belts?
A passenger sitting in the car was suspicious and immediately took out his mobile phone and searched online. It turned out that there were indeed relevant provisions in the Road Traffic Safety Law.
However, Master Lu pointed out that the Road Traffic Safety Law does not clearly state that if the passenger does not wear seat belts, passengers can be punished without punishment.
At that time, because two passengers were in a hurry to go to the Yellow River Ying Hotel to do business, Master Lu saw that the fine issued by the traffic police was only 5 yuan, and he did not continue to argue with the traffic police.
In the end, the traffic police only issued a ticket to Master Lu and did not punish passengers.
[Traffic Police] The driver of the operating vehicle is obliged to remind passengers to wear seat belts
The fifth brigade of Zhengzhou Traffic Police was issued a ticket to Master Lu. The full name of this ticket is "Penal Security Traffic Management Simple Procedure Penalty Decision", and the code for the illegal act is 3019. It records that "the passenger fails to use the seat belt as required", which violates Article 51 of the "Road Traffic Safety Law of the People's Republic of China". According to Article 89 of the Law, it was decided to impose a fine of 5 yuan on Master Lu.
Filing prompts that you must go to Zhengzhou Postal Savings Bank or other designated collection banks in the province within 15 days to pay the fine. If you fail to pay within the deadline, you will be fined at three percent of the amount of the fine every day.
It is understood that Article 51 of the " Road Traffic Safety Law" in my country stipulates that when a motor vehicle is driving, the driver and passenger shall use seat belts as required, and the motorcycle driver and passenger shall wear safety helmets as required. Article 89 stipulates that if pedestrians, passengers, or non-motor vehicle drivers violate the road traffic safety laws and regulations on road traffic regulations, , they shall be warned or fined not less than RMB 50; if non-motor vehicle drivers refuse to accept the fine, they may detain their non-motor vehicle.
In fact, in addition to Master Lu, there are many other taxi drivers in Zhengzhou who have received similar tickets issued by traffic police.
Taxi drivers who were fined believe that if the passengers in the rear row do not wear seat belts according to the "Road Traffic Safety Law", the passengers in question should be punished first. Why does the traffic police not punish passengers but only the driver?
In response to this, relevant police officers from Zhengzhou Traffic Police Detachment responded that the drivers of operating vehicles have the responsibility and obligation to ensure the safety of passengers, and should also remind passengers to wear seat belts. If the parties are dissatisfied with the penalty decision, they may apply for administrative reconsideration to the Traffic Police Detachment of Zhengzhou Public Security Bureau within 60 days of receiving the penalty decision, or file an administrative lawsuit with the court within 6 months in accordance with my country's "Administrative Litigation Law".
[Story] Passengers refuse to wear seat belts, drivers can refuse to carry
During the visit, the reporter found that the seat belt buckles of some taxis in the rear seats cannot be used. Some citizens also reported that in order to ensure cleanliness and clean the rear seats of some taxis, they usually wear white overall seat covers, which will cover the safety belts of the rear seats, making it difficult for passengers to find the seat belts and locks on the rear seats.
According to the provisions of my country's newly revised "Taxi Operation Service Standards" in 2014, after passengers get on the bus, the driver should remind or assist passengers in fastening their seat belts if necessary. Among them, there are also requirements for the appearance of the taxi, such as the seats are firm and do not collapse, the front seats can move forward and back, the back leaning angle is adjustable, and the seat belts and locks should be complete and effective. In April 2014, the Zhengzhou Passenger Transport Management Office asked taxi companies to organize drivers to learn the above specifications and test the learning effect.
On May 17, a relevant person in charge of Zhengzhou Passenger Transport Management Office said that after taxi drivers take up their posts, the management office will require companies to provide on-the-job education for drivers under the Road Traffic Safety Law. "If the driver fulfills his obligation to remind him but the passenger refuses to wear seat belts, it is reasonable to refuse to download in this case."
Regarding the problem that some citizens reported that the seat covers of the rear seat covers of taxis are prone to cover the seat belts and locks, the other party said that the next step will be to investigate this issue, requiring the driver to try to use the seat covers as correctly as possible, and at the same time, investigate how to solve the contradiction between the tidy rear seats and the seat belts.
Zhengzhou Transportation Service Supervision Telephone 12328 Staff introduced that whether rear passengers need to wear seat belts should be subject to the regulations of the traffic police department or the "Road Traffic Safety Law". If passengers find that vehicles, facilities and equipment including seat belts cannot be used normally when taking a taxi or a large bus, they can record the license plate number and call 12328 to complain.
[Question] How to take into account both the normalization of law enforcement and the humanization of humanity?
It is understood that the rear passengers did not wear seat belts and taxi drivers were fined have also occurred in other cities outside the province. However, normalized law enforcement on this matter is rare.
On February 13 last year, the official Weibo of Shenzhen Traffic Police issued a message saying: "When police officers from Shenzhen Traffic Police Motor Training Brigade patrol to the Binhe Huanggang Interchange, they seized a taxi. The passenger in the rear row did not wear seat belts as required. The driver who drove a motor vehicle without seat belts as required will be fined 200 yuan." As soon as this news came out, it quickly sparked heated discussions on the public. Some people liked the traffic police department's strict law enforcement, but some netizens believed that the traffic police department should treat everyone equally and punished the driver and passengers who did not wear seat belts at the same time, so as to force passengers and drivers to use seat belts as required.
The city also punishes passengers who do not wear seat belts for rear passengers. From April 15 this year to May 14 this year, all rear passengers of motor vehicles who fail to wear seat belts as required will be given a warning to use the Police Pass, and law enforcement and investigation will begin from May 15.
Some experts said that the taxi driver was fined if the rear passenger did not wear seat belts. The reason why it caused controversy was because the public was not familiar with the relevant laws before. This is similar to the provisions of motor vehicles to give way to pedestrians. They are both legally stipulated, but for various reasons, the traffic police department did not strictly enforce the law before. Now, the traffic police department is serious, and citizens feel that they cannot accept it for a while. This is a legal education for passengers and drivers.
Some people also suggested that traffic police departments should enforce the law in a humanized manner according to actual conditions when enforcing the law. For example, if some pregnant women or children are inconvenient to wear seat belts in the back of a taxi, they cannot be fined one-size-fits-all. In addition, if the law enforcement is normalized, will it affect the normal operation of taxis?
The "Road Traffic Safety Law" stipulates that
Article 51: When a motor vehicle is driving, the driver and passengers shall use seat belts as required, and the motorcycle driver and passengers shall wear safety helmets as required.
Article 89: If pedestrians, passengers, or non-motor vehicle drivers violate road traffic regulations and regulations on road traffic, they shall be subject to a warning or a fine of not less than RMB 50 and not more than RMB 50.
(Source: Dahe Daily)
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