What happens if the vehicle is not scrapped?

Consequences of cars not being scrapped:

1. The basis for confiscating vehicles is Article 100 of the Road Traffic Safety Law 1: "Anyone who drives an assembled motor vehicle or a motor vehicle that meets the scrapping standard on the road shall be confiscated by the traffic management department of the public security organ and be forcibly scrapped."

2. The fine should be revoked according to the second paragraph of Article 100 of the Road Traffic Safety Law: "Whoever drives a motor vehicle listed in the preceding paragraph on the road shall be fined more than 2,000 yuan in 200 yuan and his motor vehicle driver's license shall be revoked."

3. Can't get a new license within 2 years after being revoked. According to Item 3 of Article 12 of the Regulations on the Application and Use of Motor Vehicle Driving License: "No motor vehicle driving license may be applied for under any of the following circumstances: (3) The motor vehicle driving license has been revoked for less than two years."

Extended data:

Consequence cases of cars not scrapped:

1, it is also responsible for the scrap car being rear-ended by the roadside.

situation

At the beginning of 20 15, Zhang, who just got his driver's license, planned to drive to others to make money, so he bought a low-speed dump truck from Li at a low price for several years. For the sake of convenience, the two only carried out vehicle transfer and delivery, and never handled transfer registration. On August 26 of the same year, after the vehicle reached the compulsory scrapping time, Zhang thought it was too much trouble to send it to scrap, so he parked the vehicle on the roadside of a section of Qixi Town Village, Kaihua County, Quzhou City, Zhejiang Province, and parked it himself.

20 18 1 month, Huang collided with the tail of a dump truck while driving an electric car, causing Huang to die on the spot. Since then, Zheng, the family member of the victim Huang, sued Zhang and the original owner Li to the Kaihua County People's Court in Zhejiang Province, demanding that they bear the liability for compensation.

After the trial, the court held that the vehicle in this case was already a compulsory scrapped vehicle at the time of the accident, and the focus of the dispute was whether the registered owner Li needed to bear the liability for compensation to the plaintiff. According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Road traffic accident compensation Cases, if the assembled vehicles, motor vehicles that meet the scrapping standards or other motor vehicles that are prohibited from driving according to law are transferred for many times, and a traffic accident causes damage, the people's court shall support the request that all transferers and transferees bear joint liability.

However, in 20 15, Li actually transferred the accident vehicle to Zhang, and the vehicle passed the annual inspection when it was delivered, and the transaction price was normal. According to the provisions of Article 50 of China's Tort Liability Law, if a party transfers and delivers a motor vehicle by buying or selling, and fails to register the ownership transfer, it shall be the responsibility of the motor vehicle after a traffic accident, and the insurance company shall compensate it within the limits of the motor vehicle compulsory insurance liability; For the insufficient part, the transferee shall be liable for compensation.

Accordingly, after the court heard the case, it was determined that the original owner Li was not liable for compensation. The judge reminded after the court that whenever dealing in used cars, we must pay attention to the mandatory retirement period of vehicles and try not to buy vehicles near the mandatory retirement period. If the purchase is confirmed, the new owner needs to scrap the vehicle according to the formal procedures when the vehicle reaches the retirement age, and it is strictly forbidden to abandon the vehicle. Otherwise, once the scrapped vehicle has an accident, the responsibility of the new owner cannot escape.

2. The sales of vehicles that are about to be scrapped shall be terminated.

situation

Deng and Li signed the Vehicle Purchase and Sale Agreement, stipulating that Li would transfer one of his Wuling cars to Deng at a price of 65,438+0,000 yuan. Li issued all formalities to assist Deng in handling vehicle transfer and other matters. After signing the contract, Deng found that there was something wrong with the chassis of the car, and sent the car to the repair shop for repair, paying the repair fee 1300 yuan. After the vehicle was repaired, Deng and Li's agents went to the vehicle management office to handle the transfer procedures, and were told that the vehicle was very close to the mandatory retirement period and could not be transferred according to the relevant regulations.

To this end, Deng asked Li to refund the car purchase price, but the other party ignored it on the grounds of avoidance. Helpless, Deng appealed to the court, demanding the cancellation of the sales agreement signed by both parties, and demanding that Li refund the car purchase price 1 0,000 yuan and the car repair price 1, 300 yuan.

After hearing the case, the People's Court of Liubei District, Liuzhou City, Guangxi Zhuang Autonomous Region held that the sale and purchase agreement signed by both parties could not be realized because the vehicle was nearing the mandatory retirement age at the time of the transaction, and it was allowed to terminate the sale and purchase agreement according to the provisions of Article 94 of the Contract Law. After the termination of the contract, Deng has the right to ask Li to compensate him for the repair cost of the corresponding trading vehicle.

Accordingly, the court ruled that the "Vehicle Purchase and Sale Agreement" signed by both parties was dissolved and the performance was terminated; Li was ordered to return Deng's car purchase price 1 1,000 yuan and compensate Deng's vehicle repair fee 1, 300 yuan.

Baidu encyclopedia-car scrapping

People's Daily Online-@ Dear car owners, if the vehicle is not scrapped when it expires, you may be in trouble!