Joke Collection Website - Public benefit messages - 2008 165438+ 10/3, Chenzhou City, Hunan Province, how much should a 67-year-old rural old man compensate? We are responsible for 50%.
2008 165438+ 10/3, Chenzhou City, Hunan Province, how much should a 67-year-old rural old man compensate? We are responsible for 50%.
Twenty-third traffic police should investigate the scene of the accident and do the following work:
Investigate the scene of the accident, and find out the accident vehicles, parties, roads and their spatial relations and the meteorological conditions at the time of the accident;
Fixing, extracting or preserving on-site evidence materials;
Ask the parties and witnesses, and make an inquiry record.
Article 24 When investigating the scene of a road traffic accident, the traffic police shall, in accordance with the provisions of relevant laws and standards, take photos of the scene, draw a scene map, extract traces and material evidence, and make a record of on-site investigation. In the event of a road traffic accident in which more than three people are killed, on-site camera shooting shall be conducted.
The site map and the record of site investigation shall be signed by the traffic police, the parties concerned or the witnesses who participated in the investigation. If a party or witness refuses to sign or is unable to sign without a witness, it shall be recorded.
Twenty-fifth traces or evidence may be lost due to time, place, weather and other reasons, the traffic police should be fixed, extracted or preserved in time.
If the driver of a vehicle is suspected of drinking alcohol or taking psychotropic drugs or narcotic drugs under state control, the traffic administrative department of the public security organ shall, in accordance with the provisions of the procedures for handling road traffic safety violations, take blood or urine samples in time and send them to qualified institutions for inspection; If the driver of a motor vehicle dies on the spot, he shall have a blood test in time.
Twenty-sixth traffic police should check the identity documents, motor vehicle driving license, motor vehicle driving license, insurance signs, etc. ; Traffic accident suspects can be summoned according to law.
Twenty-seventh traffic police after investigating the scene of the accident, should count the items left at the scene, quickly organize the cleaning up of the scene, and resume traffic as soon as possible.
If the items left at the scene can be returned on the spot, they shall be returned on the spot and recorded; If the owner cannot be determined at the scene, it shall be properly kept and returned in time after the owner is determined.
Twenty-eighth because of the need to collect evidence, the traffic administrative department of the public security organ may detain the accident vehicle and motor vehicle driver's license, and issue a certificate of administrative compulsory measures. Detained vehicles and motor vehicle driving licenses shall be properly kept.
The traffic administrative department of the public security organ shall not detain the goods carried by the accident vehicle. After verifying the weight, volume and loss of the goods, notify the driver of the motor vehicle or the owner of the goods to handle it by himself. If it is impossible to notify the party concerned or the party concerned fails to handle it himself, it shall be handled in accordance with the relevant provisions of the procedures for handling administrative cases by public security organs.
Article 29 In order to collect evidence, the traffic administrative department of the public security organ may detain the articles related to the accident and draw up a list of the detained articles in duplicate, one for the holder of the detained articles and the other for the attachment. The seized articles shall be properly kept.
The detention period shall not exceed 30 days. If the case is serious and complicated, it may be extended for 30 days with the approval of the person in charge of the public security organ at the same level or the person in charge of the traffic management department of the public security organ at the next higher level; Except as otherwise provided by laws and regulations.
Article 30 If the traffic administrative department of the public security organ considers that it is not a road traffic accident after on-the-spot investigation, it shall notify the parties in writing and transfer the case to the relevant departments or inform the parties of the way to handle it.
In the process of investigation, the traffic administrative department of the public security organ finds that the parties are suspected of causing traffic accidents, and shall file a case for investigation in accordance with the procedures of the public security organ for handling criminal cases. If a party is found to be suspected of other crimes, it shall be promptly transferred to the relevant departments, and the transfer shall not affect the investigation and handling of the accident.
Article 31 If a road traffic accident happens to a vehicle insured with compulsory motor vehicle traffic accident liability insurance, and the insurance company needs to pay the rescue expenses for rescuing the injured, the traffic administrative department of the public security organ shall notify the insurance company in writing.
If the rescue of the injured needs to be paid by the social assistance fund for road traffic accidents, the traffic administrative department of the public security organ shall notify the social assistance fund management institution for road traffic accidents in writing.
Section 3 Traffic Hit-and-Run Investigation
Article 32 The traffic administrative department of the public security organ shall, according to the jurisdiction area and road conditions, formulate investigation plans for traffic accident-hit and escape cases.
After the traffic hit-and-run case occurs, the traffic administrative department of the public security organ shall, according to the statements of the parties, witness testimony, traces of the traffic accident scene, remains and other clues, start the investigation plan in time and arrange interception investigation.
Article 33 The traffic administrative department of the public security organ in the place where the case occurred may request an investigation, report the hit-and-run vehicle or find clues by issuing an investigation report or making an announcement to the public. When issuing an investigation report or an announcement to the public, it shall provide the basic facts of the case of hit-and-run traffic accidents, the condition, characteristics and escape direction of the escaped vehicle.
Article 34 The traffic administrative department of the public security organ that receives the notice of investigation shall immediately organize interception or investigation. If a hit-and-run vehicle or a suspected vehicle is found, it shall be detained, and the hit-and-run person or suspect consistent with the investigation report shall be summoned according to law, and the traffic management department of the public security organ where the case occurred shall be informed in time. The traffic administrative department of the public security organ where the case occurred shall immediately send traffic police to handle the handover.
Article 35 After the traffic administrative department of the public security organ has seized the hit-and-run vehicle, it shall issue a notice of cancellation of the investigation according to the original scope.
Thirty-sixth in the traffic management department of the public security organ during the investigation of traffic accident and escape cases, the victims of traffic accident and escape cases and their families asked the traffic management department of the public security organ about the investigation of the case, the traffic management department of the public security organ shall inform them.
Section IV Inspection and Evaluation
Thirty-seventh need to carry out inspection and appraisal, the traffic administrative department of the public security organ shall entrust a qualified appraisal institution to carry out inspection and appraisal within three days from the end of the accident site investigation. Autopsy shall be entrusted within three days from the date of death.
If inspection and appraisal are needed within three days after the on-site investigation, it shall be reported to the traffic management department of the public security organ at the next higher level for approval.
The identification of mental illness shall be carried out by the hospital designated by the provincial people's government.
Article 38 The traffic administrative department of the public security organ shall agree with the inspection and appraisal institution on the completion period of inspection and appraisal, which shall not exceed 20 days. For more than twenty days, it shall be reported to the traffic administrative department of the public security organ at the next higher level for approval, but the longest period shall not exceed sixty days.
Article 39 If a qualified doctor in a medical institution licensed by the administrative department of health issues a diagnosis certificate for the victims of road traffic accidents, the traffic administrative department of the public security organ may serve as the basis for determining the degree of personal injury.
Article 40 A corpse examination shall not be conducted in public. If an autopsy is required during the inspection, the consent of the family members shall be obtained.
If the autopsy is unknown, it shall be reported to the public security organ at or above the county level or the person in charge of the traffic management department of the public security organ at the next higher level for approval.
Article 41 After a corpse is examined, the family members of the deceased shall be notified in writing to handle funeral matters within 10 days. If the case is not handled within the time limit without justifiable reasons, it shall be filed and approved by the person in charge of the public security organ at or above the county level. The body shall be disposed of by the public security organ, and the expenses for overdue storage shall be borne by the family members of the deceased.
For the nameless corpse, the forensic doctor shall extract personal identification materials, and after the traffic administrative department of the public security organ takes photos of the corpse and collects relevant information, fill in the nameless corpse information registration form, and publish a corpse recognition announcement in newspapers at or above the district level. If it is still unclaimed 30 days after the newspaper is published, the person in charge of the public security organ at or above the county level or the person in charge of the traffic management department of the public security organ at the next higher level shall approve the disposal of the body.
Forty-second inspection and appraisal institutions shall complete the inspection and appraisal within the agreed or prescribed time limit, and issue a written inspection and appraisal report, which shall be signed by the inspection appraiser and stamped with the seal of the institution. The inspection and appraisal report shall include the following contents:
(1) Principal;
(2) Entrust matters;
(3) Relevant materials submitted;
(4) Time for inspection and appraisal;
(5) Basis and conclusion. If the conclusion is obtained through analysis, the analysis process should be explained.
Article 43 The traffic administrative department of the public security organ shall, within two days from the date of receiving the inspection and appraisal report, deliver a copy of the inspection and appraisal report to the parties concerned.
If a party has any objection to the conclusion of the inspection and appraisal, it may apply for re-inspection and appraisal within three days from the date of service by the traffic administrative department of the public security organ, and the re-inspection and appraisal shall be carried out after the approval of the person in charge of the traffic administrative department of the public security organ at the county level. Re-inspection and appraisal shall entrust an inspection and appraisal institution or an appraiser appointed by the original inspection and appraisal institution. The traffic administrative department of the public security organ shall, within two days from the date of receiving the re-examination appraisal report, deliver a copy of the re-examination appraisal report to the parties concerned. Re-inspection and appraisal are limited to one time.
Forty-fourth within five days from the date of the conclusion of the inspection and appraisal, the traffic administrative department of the public security organ shall notify the parties to collect the detained accident vehicles, motor vehicle driving licenses and detained articles.
If the driver escapes by driving an ownerless vehicle or fails to collect the vehicle after 30 days' notice, the detained vehicle shall be dealt with according to law three months after the announcement.
Chapter VI Appraisal and Examination
Section 1 Identification of Road Traffic Accidents
Forty-fifth road traffic accidents should be identified with legal procedures, clear facts, sufficient evidence, correct application of laws and fair division of responsibilities.
Article 46 The traffic administrative department of the public security organ shall determine the responsibility of the parties according to the role played by their actions in road traffic accidents and the severity of their faults.
(a) due to the fault of one party caused by road traffic accidents, take full responsibility;
(2) If a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the role their actions played in the accident and the severity of the fault;
(3) The parties are not at fault for causing road traffic accidents. If it is a traffic accident, neither party is responsible.
If one party intentionally causes a road traffic accident, the other party shall not bear the responsibility.
Provincial public security organs may, in accordance with relevant laws and regulations, formulate specific rules or standards for the determination of responsibility for road traffic accidents.
Article 47 The traffic administrative department of the public security organ shall make a road traffic accident determination within 10 days from the date of on-site investigation. In case of a hit-and-run traffic accident, a road traffic accident confirmation shall be made within ten days after the vehicle and driver involved in the traffic accident are detained. If inspection and appraisal are needed, the road traffic accident shall be determined within five days from the date of the conclusion of inspection and appraisal.
In the event of a fatal accident, the traffic administrative department of the public security organ shall, before making the determination of the road traffic accident, convene all parties to be present and conduct public investigation and evidence collection. Evidence that a witness requests confidentiality or involves state secrets, business secrets and personal privacy shall not be made public. If the party concerned is not at the scene, the traffic administrative department of the public security organ shall record it.
Forty-eighth road traffic accident certificate shall include the following contents:
(a) the basic information of the parties to the road traffic accident, vehicles, roads and traffic environment;
(2) The course of the road traffic accident;
(3) Evidence of road traffic accidents and analysis of accident causes;
(four) the fault and responsibility of the parties to the road traffic accident or the cause of the accident;
(five) the name and date of the traffic management department of the public security organ that made the road traffic accident identification.
The confirmation of road traffic accidents shall be signed or sealed by the police handling the case, stamped with the special seal for handling road traffic accidents by the traffic administrative department of the public security organ, and served on the parties respectively, and the parties shall be informed of the rights and time limit for applying for reconsideration and mediation to the traffic administrative department of the public security organ and bringing a civil lawsuit directly to the people's court.
Article 49 If an escape traffic accident has not been detected and the victim requests to issue a road traffic accident confirmation, the traffic administrative department of the public security organ shall make a road traffic accident confirmation within 10 days from the date of receiving the written application from the party concerned and serve it on the victim. The confirmation of road traffic accidents shall specify the time and place of the accident, the situation of the victims and the facts obtained from the investigation. If there is evidence that the victim is at fault, the responsibility of the victim shall be determined; If there is no evidence to prove that the victim is at fault, the victim shall be deemed not to be responsible.
Article 50 If the cause of a road traffic accident cannot be ascertained, the traffic administrative department of the public security organ shall issue a letter of confirmation of the road traffic accident, stating the time and place of the road traffic accident, the situation of the parties and the investigation facts, and serve them on the parties respectively.
Section 2 Multi-core
Article 51 If a party has any objection to the determination of a road traffic accident, he may, within three days from the date of the service of the determination of the road traffic accident, submit a written application for review to the traffic management department of the public security organ at the next higher level.
The application for re-examination shall specify the request for re-examination and its reasons and main evidence.
Article 52 The traffic administrative department of the public security organ at the next higher level shall make a decision on whether to accept or not within five days after receiving the written application for review by the parties concerned. In any of the following circumstances, the application for review shall not be accepted, and the parties concerned shall be notified in writing.
(a) the parties to the people's court, the people's court accepted;
(two) the people's Procuratorate approved the arrest of traffic accident suspects;
(3) Road traffic accidents handled by summary procedures;
(four) accidents when vehicles pass outside the road.
The traffic administrative department of the public security organ shall notify the parties in writing when accepting the application for review.
Article 53 The traffic administrative department of the public security organ at the next higher level shall, within 30 days from the date of accepting the application for review, review the following contents and make a review conclusion:
(a) whether the facts of the road traffic accident are clear, whether the evidence is sufficient, and whether the applicable law is correct;
(two) whether the division of responsibility for road traffic accidents is fair;
(three) whether the procedures for the investigation and determination of road traffic accidents are legal.
In principle, the review shall be conducted in written form, but the parties may be called to the scene to listen to their opinions at the request of the parties or when the traffic administrative department of the public security organ deems it necessary.
During the review period, the parties bring a lawsuit to the people's court for the accident, and if the court accepts it, the traffic management department of the public security organ shall terminate the review.
Article 54 If the traffic administrative department of the public security organ at a higher level thinks that the facts of the original road traffic accident are unclear, the evidence is insufficient, the division of responsibilities is unfair, or the investigation and determination violates legal procedures, it shall make a review conclusion and order the original case-handling unit to re-investigate and determine it.
If the traffic administrative department of the public security organ at a higher level thinks that the facts of the original road traffic accident are clear, the evidence is sufficient, the applicable law is correct, the division of responsibilities is fair, and the investigation procedure is legal, it shall make a review conclusion to maintain the original road traffic accident identification.
Article 55 After the traffic administrative department of the public security organ at the next higher level makes a review conclusion, it shall call all parties to the accident and announce the review conclusion on the spot. If the party concerned is not present, it shall take other legal forms to serve the review conclusion on the party concerned.
The traffic administrative department of the public security organ at the next higher level shall review it once.
Article 56 After the traffic administrative department of the public security organ at a higher level makes a review conclusion that it is ordered to re-identify, the original case-handling unit shall re-investigate in accordance with these provisions within 10 days, re-create the road traffic accident certificate, and revoke the original road traffic accident certificate.
If the re-investigation requires inspection and appraisal, the original case-handling unit shall, within five days from the date of determining the conclusion of inspection and appraisal, re-create the road traffic accident certificate and revoke the original road traffic accident certificate.
If the road traffic accident certificate is re-made, it shall be served on all parties by the original case-handling unit and submitted in writing to the traffic management department of the public security organ at the next higher level for the record.
Chapter VII Execution of Penalty
Article 57 The traffic administrative department of the public security organ shall, within five days from the date of making the determination of road traffic accidents, punish the illegal acts of road traffic safety of the parties concerned according to law.
Article 58 If a road traffic accident constitutes a crime and the motor vehicle driver's license should be revoked according to law, after the people's court makes a guilty verdict, the traffic administrative department of the municipal public security organ with districts shall revoke the motor vehicle driver's license according to law; At the same time, in case of escape, the traffic administrative department of the public security organ shall make a decision not to re-obtain the motor vehicle driver's license for life in accordance with the law.
Article 59 If two road traffic accidents involving three or more people have occurred in a professional transport unit within half a year, and the unit or the driver of the vehicle bears full responsibility or primary responsibility for the accidents, the traffic administrative department of the public security organ where the professional transport unit is located shall, with the approval of the traffic administrative department of the municipal public security organ with districts, make a decision to order it to eliminate safety hazards within a time limit, prohibit motor vehicles that have not eliminated safety hazards from driving on the road, and notify the relevant administrative departments of the people's governments where the road traffic accidents occurred and where the transport unit is located.
Chapter VIII Mediation for Damage Compensation
Article 60 If a party has a dispute over the road traffic accident compensation and all parties unanimously request the traffic administrative department of the public security organ to mediate, they shall submit a written application to the traffic administrative department of the public security organ within 10 days from the date of receiving the road traffic accident confirmation or the review conclusion that the traffic administrative department of the public security organ at the next higher level maintains the original road traffic accident confirmation.
Article 61 The traffic administrative department of the public security organ shall openly conduct road traffic accident compensation mediation in accordance with the principles of legality, fairness, voluntariness and timeliness. They are allowed to participate in mediation, unless the parties request not to make it public.
Article 62 The traffic administrative department of the public security organ shall agree with the parties on the time and place of mediation, and notify the parties three days before the mediation time. The oral notice shall be recorded in the mediation record. If mediation participants are unable to participate in mediation on schedule for some reason, they shall notify the traffic police one day before the agreed mediation time and request to change the mediation time.
Sixty-third participants in the mediation of damages include:
(a) the parties to the road traffic accident and their agents;
(two) the owner or manager of the vehicle in the road traffic accident;
(3) Other personnel that the traffic administrative department of the public security organ deems necessary to attend.
The entrusted agent shall issue a power of attorney signed or sealed by the principal. The power of attorney shall specify the entrusted matters and authority.
The number of parties involved in mediation shall not exceed three.
Article 64 The traffic administrative department of the public security organ shall start mediation according to the following stipulated date, and make a conciliation statement or a conciliation conclusion within ten days:
(a) causing death, counting from the date of the end of the prescribed time for handling funeral matters;
(two) from the date of the end of treatment;
(three) disabled due to injury, counting from the date of disability;
(4) If property losses are caused, they shall be counted from the date when the losses are determined.
Article 65 The traffic police shall mediate road traffic accident damages in accordance with the following procedures:
(a) to inform the parties to the road traffic accident of their rights and obligations;
(2) Hearing the requests of the parties;
(three) according to the facts identified in the road traffic accident certificate and the provisions of Article 76 of the Road Traffic Safety Law of the People's Republic of China, determine the liability of the parties for damages;
(4) Calculate the amount of damages and determine the proportion that each party should bear. The standard of personal injury compensation shall be implemented in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, and the repair cost and discount compensation cost of property losses shall be calculated according to the actual value or the evaluation conclusion of the evaluation agency;
(five) determine the way and time limit for the performance of compensation.
Article 66 If an agreement is reached through mediation, the traffic administrative department of the public security organ shall make a mediation document on road traffic accident damage compensation on the spot, which shall be signed by the parties and served on them respectively.
The conciliation statement shall contain the following contents:
(a) the basis for mediation;
(two) the basic facts and losses identified in the road traffic accident certificate;
(3) Items and amount of damages;
(four) the responsibility and proportion of the parties to compensate for the losses;
(five) the way and time limit of compensation;
(6) date of mediation.
If the parties fail to reach an agreement through mediation, the traffic administrative department of the public security organ shall terminate the mediation, make a mediation conclusion on road traffic accident damage compensation and serve it on all parties.
Article 67 In any of the following circumstances, the traffic administrative department of the public security organ shall terminate the mediation and put it on record:
(1) During the mediation, one party brings a civil lawsuit to the people's court;
(two) a party does not participate in mediation without justifiable reasons;
(3) One party withdraws from mediation during the mediation process.
Chapter IX Handling of Foreign-related Road Traffic Accidents
Sixty-eighth foreigners in People's Republic of China (PRC) road traffic accidents, in addition to these provisions, in accordance with the provisions of relevant laws, regulations and rules for handling foreign-related cases.
When dealing with road traffic accidents of foreigners, the traffic administrative department of the public security organ shall inform the parties of their rights and obligations in dealing with road traffic accidents as stipulated by the laws and regulations of China.
Article 69 If a foreigner has a road traffic accident, the public security organ may prohibit him from leaving the country according to law before handling it.
Article 70 If a foreigner takes full or major responsibility for a road traffic accident, the traffic administrative department of the public security organ shall inform the right holder of compensation for road traffic accident damage that he may request the people's court to take pre-litigation property preservation measures.
Article 71 The traffic administrative department of the public security organ shall use the spoken and written language of People's Republic of China (PRC) in the process of handling road traffic accidents. Translation should be provided for people who are not familiar with the language and writing in China; If the parties are familiar with the spoken and written language of our country and do not need translation by others, they shall issue a written statement.
With the approval of the traffic administrative department of the public security organ, foreign parties may hire translators themselves, and the translation expenses shall be borne by the parties. Article 72 When a foreigner who enjoys diplomatic privileges and immunities has a road traffic accident, the traffic police may detain his motor vehicle driver's license if they think that the punishment should be suspended or revoked. If it is necessary to inspect and identify the vehicle, it shall obtain the consent of the traffic management department of the public security organ and return it immediately after the inspection and identification; If there is any objection to the inspection and appraisal, it shall be recorded, and the inspection and appraisal shall not be compulsory. If it is necessary to investigate foreigners who enjoy diplomatic privileges and immunities, an interview may be held, and the conversation is limited to the contents related to road traffic accidents; I'm not under investigation. Let's put it on record.
The traffic administrative department of the public security organ shall, according to the collected evidence, make a road traffic accident confirmation and serve it on the parties concerned. If the party refuses to accept it, it shall be served on its institution.
If a foreigner who enjoys diplomatic privileges and immunities refuses to accept investigation, inspection or appraisal, the matter of damages shall be settled through diplomatic channels. Article 73 The traffic administrative department of the public security organ shall record the identity, certificates, accident course, damage consequences and other basic information of foreigners who enjoy diplomatic privileges and immunities, and promptly notify the foreign affairs department of the provincial people's government and the embassy or consulate of the country to which the foreigner belongs. Article 74 If a road traffic accident happens to a person who enjoys privileges and immunities in a foreign consular office in China, an international organization or a representative office of an international organization in China, except as otherwise stipulated in the Regulations on Consular Privileges and Immunities of People's Republic of China (PRC), international conventions to which China is a party and agreements concluded between China and relevant countries or international organizations, the traffic control department of the public security organ shall refer to the provisions of Articles 72 and 73 of these Provisions. Article 75 The police supervision department of a public security organ may, in accordance with the law, conduct on-site supervision of the traffic management department of a public security organ and its traffic police in handling traffic accidents, and investigate and deal with illegal acts.
The traffic administrative department of the public security organ at a higher level shall supervise the traffic administrative department of the public security organ at a lower level to deal with road traffic accidents, and shall promptly correct any mistakes found.
Article 76 If a traffic policeman, in violation of these Provisions, intentionally or negligently causes errors in ascertaining facts, applying laws, violating legal procedures or other law enforcement errors, he shall, according to his illegal facts, circumstances, consequences and responsibilities, investigate the administrative, economic and criminal responsibilities of the person responsible for law enforcement faults in accordance with the relevant provisions; If serious consequences and adverse effects are caused, the leadership responsibility of the traffic management department of the public security organ shall also be investigated.
Article 77 If the traffic police of a public security organ and an inspector or appraiser need to withdraw, it shall be decided by the person in charge of the traffic management department of the public security organ at the same level or the public security organ to which the inspector or appraiser belongs. If the person in charge of the traffic management department of the public security organ needs to withdraw, it shall be decided by the person in charge of the public security organ or the person in charge of the traffic management department of the public security organ at the next higher level.
Article 78 If the people's courts and people's procuratorates need the traffic administrative department of the public security organ to provide relevant evidence for the trial and examination of road traffic accident cases, the traffic administrative department of the public security organ shall transfer the original investigation materials of road traffic accident cases to the people's courts and people's procuratorates within three days from the date of receiving the official letter of investigation, or within the time limit. Article 79 The traffic administrative department of the public security organ shall commend and reward the personnel and units that provide effective clues or assistance to the vehicles and personnel who have found the hit-and-run vehicles.
If the traffic administrative department of the public security organ and its traffic police do not cooperate with the investigation and cause serious consequences, the public security organ or the traffic administrative department of the public security organ at a higher level shall hold the relevant personnel and unit leaders accountable.
Article 80 Except those involving state secrets, commercial secrets or personal privacy, as well as those required by the parties and witnesses to be kept confidential, the parties and their agents may consult, copy and extract the evidence materials of the traffic administrative department of the public security organ in handling road traffic accidents after receiving the Confirmation of Road Traffic Accidents. The traffic administrative department of the public security organ shall affix a special seal for accident handling on the evidence materials copied by the parties. Article 81 Provisions on the management of road traffic accident handling qualifications shall be formulated separately by the Ministry of Public Security, and the qualification certificates shall be unified throughout the country.
The traffic administrative department of the public security organ shall set up signs indicating the name of the traffic administrative department of the public security organ and the telephone number of the road traffic accident alarm in the national, provincial and county roads at the junction of neighboring provinces, cities (prefectures) and counties, as well as the sections with concentrated traffic flow within the jurisdiction.
Eighty-third motor vehicles outside the road traffic accidents, traffic management departments of public security organs after receiving the report, with reference to these provisions. Suspected of a crime, promptly transferred to the relevant departments.
Article 84 The format of legal documents required for the implementation of these Provisions shall be formulated by the Ministry of Public Security. The Ministry of Public Security has not formulated a model, and other legal documents needed in law enforcement can be formulated by provincial public security organs.
If the parties negotiate to deal with damages, they may reach an agreement on their own, but they shall sign an agreement.
(1) "Hit-and-run" refers to the behavior of the parties to a road traffic accident who drive or abandon their vehicles to escape from the scene of the road traffic accident in order to avoid legal investigation.
The terms "one day", "two days", "three days", "five days", "ten days" and "twenty days" as mentioned in these Provisions refer to working days, excluding holidays.
"The traffic administrative department of the public security organ at or above the county level" means the traffic administrative department of the public security organ of the people's government at or above the county level or the traffic administrative department of the public security organ at the same level. "The traffic administrative department of the municipal public security organ with districts" refers to the traffic administrative department of the public security organ of the municipal people's government with districts or the traffic administrative department of the public security organ at the same level. "The municipal public security organ with districts" refers to the public security organ of the municipal people's government with districts or the public security organ at the same level.
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