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How to punish unlicensed driving in 2018

How to punish unlicensed driving in 2018

4hw.com.cn: unlicensed driving is a kind of illegal behavior. It is irresponsible for one's own life and that of others. In recent years, the state has become more and more strict with traffic violations, which is to ensure the maximum accident rate and people's life safety. How to punish unlicensed driving in 2018? The next section will introduce the latest punishment regulations for unlicensed driving to you!

Penalty standard for unlicensed driving in 2018

For the knowledge of how to punish unlicensed driving, please refer to the latest revised Road Traffic Safety Law of the people's Republic of China in 2011:

Article 90 if the driver of a motor vehicle violates the provisions of the laws and regulations on road traffic safety, he shall be given a warning or fined not less than 20 yuan but not more than 200 yuan. If there are other provisions in this law, they shall be punished in accordance with the provisions.

Article 95 If a motor vehicle travelling on the road fails to hang a motor vehicle number plate, place an inspection mark or an insurance mark, or carry a driving license or driving license with the vehicle, the traffic administrative 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 the corresponding license plate, mark or completes the corresponding formalities, it shall return the motor vehicle in time.

Whoever intentionally obstructs, defaces or fails to install the number plate of a motor vehicle in accordance with the provisions shall be punished in accordance with the provisions of Article 90 of this law.

Meaning of driving without license

Driving a motor vehicle is a special social behavior and a relatively complex operation skill. It must be specially trained, that is, it must be trained in a unit with driving training qualification, and pass the examination of the public security traffic management department, and then get a driving license, then it can be qualified to drive a motor vehicle. Article 19 of the road traffic safety law of the people's Republic of China, which was implemented on May 1, 2004, clearly stipulates that 'when driving a motor vehicle, the driver shall obtain a motor vehicle driving 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, the driver shall carry the motor vehicle driving license with him. It can be seen that driving a motor vehicle without a driver's license is necessarily an act of driving without a license. However, the act of driving a motor vehicle with a driver's license cannot be regarded as an act of driving with a license. The legal meaning of "driving without a license" stipulated in the road Traffic Safety Law refers to the state of "driving without a license".

Driving without license

Article 99 of the road traffic safety law stipulates that 'anyone who drives a motor vehicle without obtaining 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. "There are ten possible situations of driving without a license and being considered driving without a license:

1. Without a driver's license;

2. Obtaining 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 the 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 driving license of the army or the armed police force;

8. Driving in China with an overseas motor vehicle driving license;

9. Driving vehicles exceeding the maximum permitted driving models;

10. Not carrying the driver's license with him.

Penalty standard for driving without license

1. Administrative punishment: first of all, the traffic police shall issue a traffic accident liability certificate to determine the accident liability. If the other party is fully responsible, it can claim compensation from the other party. However, driving without a license shall be fined not less than 200 yuan but not more than 2000 yuan by the Public Security Bureau, and may also be detained for not more than 15 days. If it is determined to be unlicensed driving plus full responsibility for the accident, it shall not only be fined, but also be compensated to the other party.

2. Criminal punishment: if a driver's license causes a major traffic accident, the crime of causing a traffic accident shall be constituted only when one person is killed or more than three persons are seriously injured; if a driver's license does not cause a major traffic accident, the crime of causing a traffic accident shall be constituted when more than one person is seriously injured. The same is true of the crime of causing and escaping.