202 1 Is there a penalty for pulling goods by van?

1 and 202 1 Is there a penalty for pulling goods by van?

In our daily life, it is very common to pull goods by van, especially in China. Recently, however, many friends have reported that it is against state regulations to pull goods with vans, and they should be punished. So _ what is the understanding of van pulling goods in China's current new norms? What kind of punishment will the van receive for pulling goods? Now let me answer your question.

First, the new requirements of truck pulling goods

According to the new requirements of pulling goods by van, it can be known that under normal circumstances, vans are not allowed to carry goods, otherwise, the corresponding punishment may be completed according to the level of violation of regulations by car buyers. However, if the car buyer goes through the relevant formalities in advance, he can use the van to pull the goods. So, what are the procedures for pulling goods with vans? What materials and standards are needed? The following is a detailed introduction to the relevant contents of applying for cargo loading and unloading procedures of van.

Second, what are the procedures for pulling goods by van?

The brand-new concept of van pulling goods emphasizes that cars engaged in cargo transportation should apply for the procedures related to van pulling goods and road transportation, and then go to the transportation management agency for transportation approval and road transportation certificate. Materials required for applying for road transport permit:

1, transport driver engaged in road freight logistics.

(1) Original and photocopy of ID card;

(2) The original and photocopy of the motor vehicle driver's license;

(3) Four recent one-inch bareheaded color photos on a white background.

2, road dangerous goods transport driver

(1) Original and photocopy of ID card;

(2) The original and photocopy of the motor vehicle driver's license;

(three) the original and photocopy of the professional qualification certificate of the road passenger driver or the professional qualification certificate of the road cargo transport driver;

(4) The traffic accident responsibility records provided by the competent department of highway traffic safety without major accidents within three years confirm.

What are the procedures for pulling goods by van? What standards must be met? The new concept of van freight emphasizes that employees who apply for study and training with valid road transport practitioners qualification certificate (hereinafter referred to as "qualification certificate") must meet the following standards:

1, no more than 60 years old.

2. The driver should obtain the corresponding vehicle driver's license. The driver who applies for the qualification certificate of dangerous goods transport must obtain the qualification certificate of operating road passenger transport or cargo transport driver for more than 2 years, and has no responsibility for major traffic accidents within 3 years.

According to the new requirements of van pulling goods, if a car buyer wants to use van to pull goods, he must first go through the formalities of van, and then apply to the relevant departments for the professional qualification certificate of freight logistics to avoid being fined on the road. What you need to understand is that small trucks are more risky on the road, especially those carrying goods. Therefore, car buyers must prepare appropriate motor vehicle insurance in advance to prevent risks for their cars.

The so-called road transport management institution can punish the basis for the van to pull goods.

1, according to the requirements of Article 35 of China's Road Transport Regulations.

Road transport vehicles transporting passengers shall not be higher than the approved total number, and shall not be illegally loaded; Passengers are not allowed to transport goods, and the transported goods should meet the approved carrying capacity, and overweight is prohibited; The length, width and height of the goods shall not violate the transportation regulations. Violation of the above provisions shall be punished by the public security traffic management unit of the public security department in accordance with the relevant norms of the Road Traffic Safety Law of the People's Republic of China.

2. According to Article 92 of the Road Traffic Safety Law of the People's Republic of China:

Passengers on the road who exceed the rated passenger capacity shall be fined from 200 yuan to 500 yuan; Passengers who exceed 20% of the rated value or illegally load goods shall be fined from 500 yuan to 2000 yuan; If the freight logistics motor vehicle exceeds the approved product quality, it shall be fined from 200 yuan to 500 yuan; More than 30% of the approved weight or illegal manned, a fine of more than 2000 yuan in 500 yuan. In case of any of the above-mentioned two acts, the public security traffic management unit of the public security department shall temporarily detain the motor vehicle until the transportation enterprise vehicles violating the regulations are removed. In accordance with the provisions of the first and second paragraphs of this article, the penalty remains unchanged, and the directly responsible management personnel shall be fined between 2,000 yuan and 5,000 yuan.

Fourth, the doctor of law's point of view on the punishment of van pulling goods

The punishment for pulling goods by van is exactly the basis of the legal provisions of the traffic control department. If there are not enough laws and regulations, the personal behavior of the traffic control department is definitely illegal. Some netizens said that it is based on the Regulations on Road Transport in China, in which Article 35 requires: "The number of passengers transported by road transport vehicles shall not be higher than the approved total number, and shall not be illegally loaded." This legal provision seems to be the chief culprit of many people who drive vans to pull goods, but if the traffic control department punishes according to this provision, it is actually not good.

First of all, we should establish the appropriate objectives of China's road transport laws and regulations. Do not belong to the provisions of the appropriate object, the traffic control department can not be punished according to the requirements of these provisions. Available objects are clearly stipulated in Article 2 of the Regulations: "Those who engage in road transport operations and road transport-related services shall abide by these Regulations. ? The aforementioned road transport operations include road passenger transport operations (hereinafter referred to as cargo transport operations) and road cargo transport operations (hereinafter referred to as freight logistics operations); Work related to road transportation includes station (field) operation, motor vehicle maintenance operation and motor vehicle driving training. " It can be seen from this article that the goal of the management measures of the Road Transport Regulations is limited to vehicles engaged in "business". If buying a van to pull goods is self-purchasing, and you often "travel", it has nothing to do with this Road Transport Ordinance.

There are probably fans here who want to ask, "I am self-employed and open a small shop." I mainly use a pickup truck to pick up the goods and deliver them myself. Is this' management' here? " Here also involves a very important issue, that is, how to express "management". The "management" mentioned in this regulation itself mainly refers to cargo transportation management, freight logistics management, station (field) management, motor vehicle maintenance management and motor vehicle driving study and training.

The closest thing to driving a van to pull goods is how to further explain and express the phenomenon of "freight logistics management". For this matter, this regulation itself has also made explicit provisions on this issue. Article 22 of the Regulations on Road Transport requires: "An applicant who applies for engaging in freight logistics business shall meet the following standards:? (1) Having a car that is consistent with its business process and meets the standards after system testing; ? (two) there are drivers who meet the requirements of article twenty-third of these regulations; ? (3) Having a sound safety production management plan. " ? It can be seen that the "freight logistics operation" referred to here actually refers to the profitable operation based on transportation, in short, the operation of transportation enterprises, transportation individual industrial and commercial households and logistics industry. Ordinary people use small trucks to deliver goods to their own shops, which are completely self-purchased, and have nothing to do with "management".

It can be seen that the traffic control department's punishment for illegal loading of small trucks is only aimed at transport enterprises, transport individual industrial and commercial households and logistics industries with freight logistics business licenses, not at ordinary small trucks. This "Road Transport Ordinance" can be used to punish ordinary people who drive vans to pull goods, that is, the application of the law, dereliction of duty and violation of regulations!

Secondly, many friends who have been punished for pulling goods by vans have had that experience: the car was driving normally on the city road, and suddenly a traffic enforcement car roared to catch up from behind, or ran in front, forcing a full van to stop at the side of the road, which was really risky. In fact, the Road Transport Regulations explicitly prohibit such rude physical examination by the traffic control department. Article 59 of the Regulations on Road Transport requires: "Managers of road transport supervision institutions shall carry out supervision and management in strict accordance with their post responsibilities, authorization and application procedures, and shall not set up checkpoints, charge fees repeatedly or impose fines indiscriminately. ? Managers of road transport supervision institutions shall focus on road transport and related business processes, and implement supervision and management in areas where passengers and goods are concentrated. ? When conducting supervision and inspection at road intersections, managers of road transport supervision institutions shall not arbitrarily intercept road transport vehicles that are driving normally. " ? Don't stop all normal cars casually, this is the basic post regulation that the traffic control department should follow when checking, otherwise it will be the same as gangsters and road bullies! If the employees of traffic law enforcement units have such personal behaviors, according to the requirements of the Regulations on Road Transportation, they should also be investigated for their legal basis for violating the regulations. Article 77 requires: "Any staff member of a road transport supervision institution who violates the requirements of these Regulations and has any of the following circumstances shall be given disciplinary sanctions in accordance with the regulations;" Anyone suspected of committing a crime shall be investigated for criminal responsibility according to law: (4) illegally stopping and inspecting all road transport vehicles that are driving normally; ? "In most cases where vans are fined for pulling goods, not only should the van owners not be punished, but also the legal basis for the rude inspection by the staff of the traffic control department should be investigated!

In today's society, we should not only abide by traffic laws and regulations, on the other hand, we also need to protect and safeguard people's legitimate rights with weapons of laws and regulations without violating national laws. All laws and regulations are equal, and no one can cross the line. Therefore, we suggest that you learn more and train more, understand the law, know the law and use it.

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