How to punish unlicensed driving in 2019 the latest standard of punishment for unlicensed driving in 2019
4hw.com.cn: in recent years, the state has become more and more strict with traffic violations in order to maximize the accident rate and human life safety. What is the penalty for unlicensed driving in 2019? The following small series will introduce you to the latest punishment regulations for unlicensed driving!
Penalty standard for unlicensed driving in 2017
For the knowledge of how to punish unlicensed driving, please refer to the relevant provisions of the road traffic safety law of the people's Republic of China revised in 2011:
Article 90 If a motor vehicle driver violates the provisions of road traffic safety laws and regulations on road passage, he shall be given a warning or fined not less than 20 yuan but not more than 200 yuan. Where there are other provisions in this law, penalties shall be imposed in accordance with the provisions.
Article 95 Where a motor vehicle driving on the road does not hang a motor vehicle number plate, place a qualified inspection mark or insurance mark, or carry a driving license or driver's license with the vehicle, the traffic management department of the public security organ shall detain the motor vehicle, notify the party concerned to provide the corresponding license plate or mark or go through the corresponding formalities, and may impose a penalty in accordance with the provisions of Article 90 of this law. If the party concerned provides corresponding license plates and signs or goes through corresponding formalities, the motor vehicle shall be returned in time.
Whoever intentionally covers up, defiles or fails to install a motor vehicle number plate in accordance with the provisions shall be punished in accordance with the provisions of Article 90 of this law.
Meaning of driving without a license
Driving motor vehicles is not only a special social behavior, but also a relatively complex operation skill. It must undergo special training, that is, it must be trained in a unit with driving training qualification, pass the examination of the public security traffic management department, and obtain a motor vehicle driving license after passing the examination. Article 19 of the road traffic safety law of the people's Republic of China implemented on May 1, 2004 clearly stipulates that 'when driving a motor vehicle, you shall obtain a motor vehicle driver's license according to law; The driver shall drive the motor vehicle according to the permitted driving model specified in the driving license; When driving a motor vehicle, you shall carry a motor vehicle driver's license with you. " It can be seen that driving a motor vehicle without a motor vehicle driver's license must be an unlicensed driving behavior. However, the behavior of driving a motor vehicle with a motor vehicle driver's license cannot be recognized as a licensed driving behavior. First, the legal meaning of "driving without a license" stipulated in the road Traffic Safety Law refers to the "state of being unqualified to drive".
Driving without a license
Article 99 of the road traffic safety law stipulates that "Whoever drives a motor vehicle without a motor vehicle driving license, whose motor vehicle driving license is revoked or whose motor vehicle driving license is temporarily suspended shall be fined not less than 200 yuan but not more than 2000 yuan and may also be detained for not more than 15 days." Driving without a license and being regarded as driving without a license may have the following ten situations:
1. Without a driver's license;
2. Illegally obtaining a driving license without examination;
3. The driver's license is cancelled or revoked;
4. Failing to meet the driving conditions (age and health status) and illegally obtaining a driving license;
5. The driver's license has expired;
6. The driver's license is temporarily suspended;
7. Driving a civil motor vehicle with a military or armed police driver's license;
8. Driving in China with an overseas motor vehicle driving license;
9. Driving the vehicle beyond the maximum permitted driving model;
10. Without a driver's license.
Penalty standard for collision caused by driving without license
1. Administrative punishment: firstly, the traffic accident responsibility identification letter issued by the traffic police identifies the accident responsibility. If the other party is fully responsible, the other party may be required to compensate. However, for driving without a license, the Public Security Bureau shall impose a fine of not less than 200 yuan but not more than 2000 yuan and may also detain for not more than 15 days. If it is identified as unlicensed driving plus full responsibility for the accident, it will not only be fined, but also compensate the other party.
2. Criminal punishment: if a driver's license causes a traffic accident with main responsibility, it will constitute the crime of traffic accident only if one person is killed or more than three people are seriously injured; Driving without a license causes a traffic accident with the main responsibility, and more than one person is seriously injured, which constitutes the crime of traffic accident. The corresponding hit and run crime is the same.