Yunnan Wenshan prefecture expressway management office fine authority

1. According to the provisions of Article 42 of the Highway Law of People's Republic of China (PRC), accept and approve the application for tree regeneration and felling within the scope of highway land.

2, according to the provisions of the "People's Republic of China (PRC) Highway Law" article forty-fourth, accept and approve the application for highway possession and excavation.

3. According to the provisions of Article 45 of the Highway Law of People's Republic of China (PRC), accept and examine applications for building bridges, aqueducts or erecting and laying pipelines and other facilities across and across highways, and applications for erecting and laying pipelines, cables and other facilities within the scope of highway land.

4, according to the provisions of the "People's Republic of China (PRC) Highway Law" article 48, accept and review the application of iron wheeled vehicles, tracked vehicles and other machines and tools that may damage the road.

5. According to the provisions of Article 50 of the Highway Law of People's Republic of China (PRC), accept and review applications for vehicles exceeding the limit, overloading, height limit, width limit and length limit on highways, highway bridges or highway tunnels.

6. According to Article 55 of the Highway Law of People's Republic of China (PRC), accept and approve the application for adding a level crossing on the highway.

7. According to the provisions of Article 54 of "People's Republic of China (PRC) * * * and National Highway Law", accept and approve the application for setting up signs other than highway signs within the scope of highway land.

8. According to Article 56 of the Highway Law of People's Republic of China (PRC), accept and examine the application for burying underground facilities in the building control areas on both sides of the highway.

(2) Road supervision and inspection

1. According to Article 69 of People's Republic of China (PRC) Highway Law, supervise and inspect the implementation of highway laws and regulations according to law.

2. According to Article 70 of the Highway Law of People's Republic of China (PRC), check and stop all kinds of encroachment, damage to highways, land used for highways, ancillary facilities of highways and other acts in violation of the provisions of this Law.

3. According to Article 71 of the National Highway Law of the People's Republic of China, supervise and inspect highways, building control areas, vehicle parking places and vehicle affiliated units according to law.

(3) Road Administration Punishment (Reason)

1. Unauthorized occupation and excavation of roads. According to Article 76 of People's Republic of China (PRC) Highway Law.

2, without permission or not in accordance with the requirements of highway engineering technical standards to build bridges, aqueducts or erection, laying pipelines, cables and other facilities. According to Article 76 of People's Republic of China (PRC) Highway Law.

3, iron wheeled vehicles, tracked vehicles and other equipment that may damage the road are driving on the road without authorization. According to Article 76 of People's Republic of China (PRC) Highway Law.

4, the vehicle overload without authorization by ferry or driving on the highway. According to Article 76 of People's Republic of China (PRC) Highway Law.

5. Damaging or moving ancillary facilities of highways, or damaging or moving stakes and boundary markers in the building control area, which may endanger highway safety. According to Article 76 of People's Republic of China (PRC) Highway Law.

6, causing road damage, pollution or affect the smooth flow of roads. According to Article 77 of People's Republic of China (PRC) Highway Law.

7. Take the expressway as a testing ground. According to Article 77 of People's Republic of China (PRC) Highway Law.

8, causing road damage, unreported. According to Article 78 of People's Republic of China (PRC) Highway Law.

9. Unauthorized setting of signs other than highway signs within the scope of highway land use. According to Article 79 of People's Republic of China (PRC) Highway Law.

10, adding grade crossing on the expressway without approval. According to the "People's Republic of China (PRC) highway law" eightieth punishment.

1 1. Unauthorized construction of buildings, ground structures or laying of pipelines, cables and other facilities in the highway construction control area. According to Article 81 of People's Republic of China (PRC) Highway Law.

Administrative measures of intransitive verbs

1. Signs other than highway signs set within the scope of highway land shall be ordered to be removed within a time limit. If it cannot be cleared within the time limit, it shall be cleared by the transportation department, and the relevant expenses shall be borne by the setters. According to Article 79 of People's Republic of China (PRC) Highway Law.

2. If buildings, ground structures or pipelines, cables and other facilities are built without authorization in the highway construction control area, the transportation department shall order them to be dismantled within a time limit. If they are not dismantled within the time limit, the relevant expenses shall be borne by the builder. According to Article 81 of People's Republic of China (PRC) Highway Law.

3. If the vehicle driving on the expressway causes the loss of the expressway, it shall immediately stop driving and accept the treatment. If it cannot be handled immediately, the vehicle and driver's license may be temporarily detained. According to Article 23 of the Regulations on Road Administration.

Seven, the legal responsibility of illegal acts.

(1) Illegal administrative acts

1, the law enforcement subject is not qualified for law enforcement;

2, in violation of the provisions of the overdue performance of administrative licensing duties;

3, beyond the statutory authority;

4 there is no legal basis for the implementation of administrative punishment;

5. Changing the type and range of administrative punishment without authorization;

6. Violation of legal procedures;

7. The entrusted institution goes beyond the scope of entrustment or does not enforce the law in the name of the entrusted institution or entrusts other organization personnel to implement administrative punishment (reasons);

8. The punishment (reason) is obviously unfair;

9, administrative punishment does not use a unified fine receipt;

10, and the fines and confiscated illegal gains will be withheld for private use;

1 1. Take advantage of his position to ask for other people's property and collect money for himself;

12. Use of withheld property causes losses to the parties concerned;

13. Failing to stop or punish the illegal acts that should be stopped or punished, resulting in actual damage to the national interests or the legitimate rights and interests of the parties;

14, illegal implementation of fines, ordered to stop production and business, confiscation of property and other administrative penalties;

15, illegal inspection or compulsory measures cause personal or property damage to the parties;

16, compulsory measures for illegal seizure and seizure of property;

17, collecting property and apportioning expenses in violation of state regulations;

18, unable to standardize the production of documents, and bear the fault responsibility;

19, dereliction of duty, malpractice, abuse of power;

20. Other illegal administrative acts.

(2) The legal responsibilities assumed.

1, administrative responsibility

By the higher authorities shall be ordered to make corrections, intentionally causing illegal administrative acts, cancellation of the "administrative law enforcement certificate", removed from the law enforcement team. If an administrative act is illegal due to negligence, the administrative law enforcement certificate shall be recovered, and the directly responsible person in charge and the directly responsible person shall be given administrative sanctions according to law.

2. Economic responsibility

After the organ liable for compensation compensates the losses, the law enforcement officers who intentionally cause illegal administrative acts shall be ordered to bear 60%-100% of the compensation losses; Law enforcement officers who commit illegal administrative acts due to gross negligence shall bear less than 60% of the compensation losses.

3. Criminal responsibility

If a crime is constituted, criminal responsibility shall be investigated according to law.

Eight, personnel code of conduct and ethics

Code of conduct

1, earnest, correct posture and full of energy;

2. Don't be on duty after drinking, and don't smoke or eat snacks when on duty;

3, no backslapping, laughing;

4. On-the-job back office staff must dress neatly and are not allowed to wear casual clothes and slippers to work;

5, civilized duty, be polite to others. Correct violations, salute first when investigating cases, standardize the use of civilized terms, refrain from using service taboos, prohibit simple and rude attitudes, and prohibit beating and scolding parties;

6. Without approval, the duty officer shall not drive the patrol car off the highway without authorization during the duty.

(2) Professional ethics

Love traffic, love their jobs and dedication; Finally, I am willing to be a public servant; Working together,

Administration according to law; Serve the masses and accept supervision; Strict discipline; Honesty and integrity.

Nine, road equipment

1, in order to ensure the smooth progress of road administration work, the road administration detachment should be equipped with corresponding equipment.

2. Testing equipment: provide all-weather and all-weather patrol guarantee. It mainly includes special road patrol cars, command flags (lights), sirens and batons and other necessary equipment.

3. Communication equipment: ensure smooth road information and normal operation of the command system. It mainly includes car phones, mobile phones and mobile phones.

4. Survey equipment: mainly used for on-site evidence collection and recording. It mainly includes cameras, video cameras, auxiliary lighting equipment and various measuring instruments.

Emergency rescue equipment: mainly including fire fighting equipment and first-aid drugs.

5. Various operation signs: mainly including mobile light guide vehicles, direction signs, speed limit signs, isolation devices, roadblock accident signs, road site survey signs and speed change signs.

X. road patrol

Road law enforcement personnel carry out all-weather road patrol, including regular patrol, temporary patrol and emergency dispatch under abnormal circumstances. The inspection interval should be reasonably determined according to the vehicle, staffing and jurisdiction mileage. In case of abnormal situation or special weather, the inspection density should be increased at any time, and the inspection interval can be appropriately increased at night.

(a) inspection responsibility

1, inspection of road property and signs and markings within the jurisdiction;

2, highway construction control area inspection;

3. Notify faulty vehicles and accidents;

4. Record and timely report to the duty room the road facilities such as pavement, subgrade, bridge and culvert, tunnel, interchange and vegetation;

5. Provide timely help for highway users;

6. Answer the inquiry of the duty room and report the inspection situation and location;

7. Deal with other emergencies that happened temporarily and were discovered.

Twelve, the use of road property recovery and compensation (compensation)

1, the road property compensation (compensation) of the road law enforcement detachment shall be managed by special personnel and turned over to the financial department in time. 80% of the compensation (compensation) fee is used for road property recovery, and 20% is used to make up for the lack of funds for road management and reward informants. The ratio is 8: 1: 1.

2. After the road property is damaged, the personnel of the road administration team shall, according to the on-site inspection report, issue a notice of road property repair to the maintenance department within 12 hours from the date of the accident (see Table 8), including the requirements of location and project.

3. After each road property recovery, the recovery department shall notify the road detachment, and the leaders of the road detachment shall organize the industry personnel to investigate the road property recovery on the spot in conjunction with the relevant departments, and fill in the road property recovery acceptance form (see Table 9).

4. After the road product recycling experience is qualified, the road administration detachment will issue the appropriation instruction according to the quantity in the road product recycling acceptance form and the determined unit price, and after the approval of the competent financial leader, the finance department will allocate the relevant departments.

Thirteen. Examination and approval of administrative license

(1) Examination and approval of out-of-gauge transportation

1, it is forbidden for overloaded transport vehicles to pass through Xinglin Expressway. If it is necessary to pass under special circumstances, the transport unit must carry the cross-sectional size of the goods, the gross vehicle weight and the number, technical indicators and load map of the transport vehicles in advance, apply for over-limit transportation to the highway management department of Xingtai City, and fill out the Application Form for Over-limit Transport Vehicles Driving on the Highway (see table 10).

2. After receiving the application for out-of-gauge transportation, the road administration department shall give a written reply within 15 days according to the provisions of the Regulations on the Administration of Highway Out-of-gauge Transportation Vehicles.

3. According to the actual situation, the highway management department is responsible for organizing the survey of the proposed traffic route, selecting the transportation route, calculating the bearing capacity of roads and bridges, formulating the traffic and reinforcement scheme, and signing relevant agreements with the carrier.

4. For the over-limit transport vehicles approved to drive on the road, the Pass for Over-limit Transport Vehicles shall be issued.

(two) to approve the establishment of permanent facilities

1. Units that have occupied for more than one year due to special needs shall make use of expressway land, building control areas or facilities to dig ditches, build bridges, pipelines and other facilities above or below the expressway, and submit an application report to the Road Administration Section of Xingtai Expressway Management Office. The report should clarify the name, source and location of the project, the demonstration of the necessity and feasibility of the project, the influencing factors on the expressway and the solutions. , and should also be accompanied by schematic drawings, design drawings, construction drawings and qualification certificates of relevant units.

2 highway management departments strictly review the authenticity, rationality and necessity of the application report. The applicant may be required to produce superior documents, investigation and verification, investigation site, physical objects, etc. , and sign opinions after examination and demonstration.

3. After the above review, both parties signed an agreement, the contents of which include: ① project overview: project name, location, project scale, scope, technical standards and construction time requirements; ② Construction organization: qualification, responsibility, construction period, construction technology, safety measures and responsibilities of the construction team; (three) the handling method of the accident; (four) the way of cost compensation; (5) matters such as demolition and reinforcement during expressway expansion.

4. After the applicant agrees to the above contents and pays the fees payable, Xingtai Highway Management Office will issue the construction permit.

(3) Examination and approval of temporary facilities

1, units occupying or using highway land or facilities for temporary construction shall submit a written application to Xingtai Highway Management Office.

2. After the review, the highway management department put forward specific opinions, mainly on traffic control and measures to ensure the integrity of expressway facilities.

3. After the applicant pays the relevant fees according to the regulations, the road administration department will issue the Construction Permit.

Management of Outdoor Advertising on Expressway

1. Outdoor advertisements on expressways belong to off-highway signs, and the form and location of advertisements shall not affect the overall use function and image of expressways. When it affects the maintenance, reconstruction and expansion of expressways, it should be removed unconditionally.

2. According to the provisions of Article 56 of the Highway Law, outdoor advertisements shall not be set up in the expressway construction control area (extending not less than 30 meters from the side ditch of the expressway or the berm at the foot of the slope and the outer edge of the intercepting ditch at the top of the slope). If it is established without authorization, it shall be handled in accordance with the provisions of Article 81 of the Highway Law.

3. The design of billboards should be clear, concise and easy to read. Patterns and colors confused with highway signs are not allowed, and refractive billboards with dazzling effects are prohibited. The contents of advertisements shall conform to the provisions of relevant state laws.

4. The advertising applicant shall apply to the highway management department in advance, and the application shall specify the location, content, setting period and color photos after the advertisement is released. After on-site investigation and audit, it shall be reported to the competent director for examination and approval, and then to the highway management department for approval, and the construction can be started only after the construction permit is issued.

5. For outdoor advertisements that occupy the ancillary facilities of expressways and the land used for expressways upon approval, the advertising publishing unit shall pay the land occupation fee (which belongs to the income from highway production) to the expressway management office in accordance with the provisions of the compensation (compensation) standard for highway production in Hebei Province. Advertising fees shall be charged by the Advertising Management Office of Xingtai Expressway Management Office according to regulations.

6. If the billboards and light box advertisements set on the land and facilities of the expressway are damaged or caused by their own materials and facilities, the owner of the billboard property shall be responsible for compensation.

(five), special needs must be cut down road trees, change the green land use approval.

1. After the approval of Xingtai Expressway Management Office, the applicant applies to the management office for construction and explains the reasons.

2. After careful examination, the highway management department believes that it is indeed a special need, and it is necessary to report it to the Maintenance Department of the Highway Bureau of the Communications Department for examination and approval, and issue a forest cutting license before implementation.

(six) the examination and approval of highway facilities change

After the approval of Xingtai Expressway Management Office, the applicant submitted a construction application to the management office, explained the reasons and submitted relevant drawings. The permit is issued by the highway department.

Road administration system

A, road law enforcement personnel management system

1, high ideological and political awareness, law-abiding, decent style;

2, love highway work, have a strong sense of professionalism and responsibility;

3. Have a college degree or above, have a certain level of policy, and be able to work independently;

4. Good image, good health, good facial features and no disability;

5, the newly transferred road law enforcement personnel must carry out road business training, after passing the examination to obtain the traffic administrative law enforcement certificate, can mount guard;

6, road law enforcement personnel to participate in the annual 10 days of full-time rotation training, focus on learning laws and regulations, business knowledge, accept standardized training.

7, road law enforcement detachment adhere to the laws, regulations, business knowledge learning and job training once a month, the establishment of learning files and personal study notes.

8, after the promulgation of relevant new laws and regulations, complete the backbone training within three months.

9, road law enforcement documents unified by the road detachment is responsible for the management. Law enforcement officers who leave the road administration team for work or other reasons shall hand over their law enforcement certificates to the road administration law enforcement detachment.

10. When performing official duties, road officials should wear highway standard clothing, badge and work permit, and hold the traffic administrative law enforcement certificate of Xingtai Municipal People's Government; Road officials must strictly abide by the dress discipline, dress neatly and be disciplined.

Second, the duty room management system

The duty room of highway administration is the command center of highway administration. During the on-the-job period, the personnel on duty are forbidden to drink and play cards, and are not allowed to leave their posts and engage in work unrelated to their jobs, and are responsible for the following work.

1, do a good job of tracking the road patrol, know the driving direction of the patrol car in time, and fill the query results into the query record of the duty room.

2. Answer the questions raised by the road patrol personnel and decide the handling method.

3, coordinate relevant personnel to deal with road cases and other general accidents.

4, understand the road information, put forward opinions.

5, deal with other road affairs during the duty.

6, in case of major problems is responsible for reporting to the leadership for instructions.

7, have the right to refuse other tasks that have nothing to do with the content on duty.

Three, road law enforcement personnel work code:

1, adhere to principles, seek truth from facts, implement policies, and abide by laws and regulations;

2, strict law enforcement, enthusiastic service, integrity, not favoritism;

3. Stick to the post, dare to check and manage, safeguard road property and guarantee the right of way;

4, obey the leadership, obey the command, bear hardships first, self-reliance;

5, strict discipline, civilized behavior, fair and convincing;

6. Study hard, delve into business, improve quality and be diligent and enterprising;

7, safety regulations, always keep in mind, take good care of public property, stress efficiency;

8. Care for the collective, unite with comrades, be modest and prudent, and take the overall situation into consideration.

Four, road management "civilized law enforcement, civilized service" standard

1, to ensure that the road is intact and smooth.

2. Ensure that the facilities along the line are complete and intact.

3, law-abiding, administration according to law, not abuse of power, not bending the law.

4. Effectively protect road property and safeguard road rights; Investigate and deal with all kinds of illegal acts in a timely manner.

5, familiar with the relevant laws and regulations, proficient in road management business, the applicable laws and regulations are correct, fill in legal documents.

6. Dress neatly and behave appropriately.

7, civilized law enforcement, be polite to others; Salute before changing the chapter, and law enforcement is not illegal; Dispose of it properly and clean it properly.

8. Use civilized language and avoid using civilized taboos.

9. Helping the poor, solving problems, solving doubts, answering questions and serving the people.

10, the road administration files are complete, standardized, accurate and timely.

1 1. Don't use excessive or rude words and deeds on the grounds of law enforcement, and don't make trouble unreasonably and punish people beyond the standard.

Five, highway law enforcement officers on the highway to perform official duties "ten are not allowed"

(a) do not enforce the law after drinking;

(2) No smoking or chewing food;

(three) are not allowed to intercept vehicles in two directions at the same time;

(4) No car chasing;

(five) it is strictly forbidden to enforce the law beyond its authority;

(six) there is no "two penalties for one thing";

(seven) no penalty for each car;

(eight) no car inspection;

(nine) are not allowed to violate the provisions of "two departments and one office" on "green channel";

(ten) are not allowed to be fined (charged) for the overloaded vehicles that have not been unloaded.

Six, road management civilized language and taboo.

(A) civilized language

Hello; Please come in; Please sit down; Please drink water; Who are you looking for? Please wait a moment; Please understand; Sorry; Sorry; It doesn't matter; Thank you for waiting; Don't worry; Please make yourself at home; Please show me your relevant documents; Welcome your valuable opinions; Thank you for your support to our work; This is what we should do; Your vehicle is illegal, please accept it; Please don't transport beyond the limit in the future; Your vehicle has damaged the road, please accept the treatment; Beach setting affects traffic, please cooperate; Please keep your relevant documents; The weather is bad today, please walk slowly and pay attention to safety; Please go; Thank you for your cooperation. Goodbye.

(2) Work taboos:

I don't know; It's none of my business; We are too busy to talk to you; There is no end; I told you, why do you ask? How to fill in, fill in a new one; What happened? This is not right. While waiting; What's the hurry? Wait a minute. Can't you see that you are busy? I am like this, what can you do; If you have any questions, go to the leader; I am willing to go there to sue; Don't bother and cut the crap; Haven't you finished eating? It's almost time, there is no office; You are full; This is my attitude; Pay, hurry up; You ask me, I ask who; what can I do? I don't have a price.

Seven, highway law enforcement agencies supervision system

In order to strengthen the internal management of highway law enforcement team, standardize the behavior of highway law enforcement personnel, strengthen the idea of fair law enforcement and enthusiastic service, improve the supervision and inspection mechanism, put an end to misjudged administrative cases, law enforcement mistakes and violations of law and discipline, establish a high-quality team and establish the law enforcement phenomenon of Xinglin Expressway, the highway department should set up a highway supervision team with the section chief as the team leader and the deputy section chief as the deputy team leader to supervise and manage the road administration work of Xinglin Expressway.

(1) Responsibilities

1, road supervision personnel should be familiar with the relevant laws, regulations, policies and various rules and regulations of administrative departments, conscientiously implement the rules and regulations of Xingtai Municipal Transportation Bureau, Xingtai Expressway Management Office and road law enforcement detachment, strictly handle cases, seriously investigate and collect evidence, and put forward handling opinions jointly with relevant departments.

2. Implement the system of regular meetings of inspectors, hold regular meetings of inspectors, often analyze the problems existing in road administration, determine the focus of supervision work, formulate practical work plans, take effective measures to prevent all kinds of violations of law and discipline, ensure the normal order of road administration, and establish a good social image of Xinglin Expressway.

3, do a good job of road supervision business records, sorting and archiving; The establishment of road supervision files, and adhere to each inspection record, monthly summary, do a good job of "road supervision monthly report" (see Table 11).

4, not less than 6 times a month to the road detachment to carry out all aspects of road management, and record and punish those who do not meet the requirements.

5, complete other work assigned by the leadership.

(2) Supervision content

1, supervise corruption and cheating.

2, supervise the illegal behavior of law enforcement personnel.

3. Supervise civilized law enforcement and provide enthusiastic service.

4. The appearance of the inspection team and its internal management.

5, supervise the division marshal work.

(3) supervision methods

1, combining internal inspection with external inspection.

2. Combination of public investigation and secret investigation.

3. Combination of general supervision and key supervision.

4. Combination of mutual inspection and joint inspection.

5, in the process of supervision, according to the actual situation, flexible, targeted and feasible inspection methods can be adopted.

(4) Inspection records

The inspection team should do a good job in recording, sorting and archiving the road supervision business, establish the road supervision files, insist on recording each on-site inspection, summarize it every month, and make a monthly report on road supervision. (attached table 1 1)

Eight, road case report

(a) in order to ensure that leaders at all levels and road law enforcement detachment timely grasp the occurrence and handling of road cases, and strengthen the supervision of road law enforcement detachment in handling major cases, these measures are formulated.

(two) traffic accidents are classified according to the following standards

1, minor injury accident refers to minor injury 1-2 people; Or the road property loss is below 200 yuan (including 200 yuan).

2. General accidents refer to serious injuries 1-2 people or minor injuries of 3 or more people; Or the road property loss is less than 5,000 yuan above 200 yuan.

3, a major accident refers to a death 1-2 people; Or seriously injured 3- 10 people, or lost 5000- 10000 yuan in road property; Or, although no casualties were caused, the safety of heads of state, foreign guests and celebrities was endangered and the political influence was extremely bad.

4. A serious accident refers to the death of more than 3 people at a time; Or seriously injured 1 1 person and above 1 1 person; Or 1 person died and more than 8 people were seriously injured at the same time; Or two people died and more than five people were seriously injured at the same time; Or road production loss 10000 yuan or more.

Four, damage case investigation authority

The investigation and handling of road property damage cases shall be subject to the principle of gradual examination and approval. Road loss of 3000 yuan (including 3000 yuan) and meet the conditions of on-the-spot treatment, by road law enforcement officers on the spot; Cases with road property losses ranging from 3000 yuan to 15000 yuan shall be examined and approved by the highway law enforcement detachment; The case of road property loss 15000-30000 yuan shall be examined and approved by the competent director; Cases of road property loss of 30 thousand yuan to 50 thousand yuan shall be examined and approved by the director; Road property cases ranging from 500,000 yuan to100,000 yuan shall be examined and approved by the director and reported. .

Procedures for handling (punishing) highway cases

First, the handling of highway cases, in principle, should adhere to the facts as the basis, the law as the criterion, seeking truth from facts, handling cases according to law. Including: processing procedures and punishment procedures, processing (punishment) procedures are divided into general procedures and summary procedures.

Second, the road punishment procedure:

1, simple program

(1) When the law enforcement officers of the highway law enforcement detachment find that the parties have illegal facts during patrol, and the summary procedure of highway punishment can be applied, two or more law enforcement officers on duty of the highway brigade will first show their administrative law enforcement certificates to the parties, informing them of the illegal facts identified, the reasons and basis for punishment, and the rights of statement and defense enjoyed by the parties.

(2) The road administration duty brigade shall ask the parties and witnesses according to law, conduct an inquest, fill in the inquiry record and the inquiry record, and make the Decision on Traffic Administration (on the spot) Punishment of Xingtai City Transportation Bureau (see attached table 14). The road law enforcement personnel handling the case shall sign the document and affix the seal with the number of the administrative law enforcement certificate. Finally, the parties should sign in the column of parties or the column of people being questioned. Refuse to sign, it shall be signed by two or more law enforcement officers. After the decision is made, the third copy of the penalty decision and the fine receipt shall be handed over to the parties at the same time.

(3) If 20 yuan is fined according to law, the fine may be collected on the spot. Within 2 days after the collection of the fine, the money together with the receipt shall be handed over to the road law enforcement detachment, and at the same time, within 5 days from the date of making the punishment decision, the punishment decision shall be handed over to the road law enforcement detachment for the record, and the law enforcement officers of the road law enforcement detachment shall make files after recording it.

2. General procedure

(1) Ordinary procedures are applicable to all cases except summary procedures. First of all, two or more law enforcement officers of the road administration law enforcement brigade conducted investigation and evidence collection: asked the parties and witnesses, conducted an inquest, and made inquiry transcripts and inquiry transcripts according to law. If the evidence may be lost or difficult to obtain later, it may be registered and preserved in advance with the approval of the captain of the road administration detachment, and a certificate for the registration and preservation of evidence (see table 15) shall be made, and a decision shall be made within 7 days. The above-mentioned documents must be signed by law enforcement officers and stamped with the seal of administrative law enforcement certificate number, and signed by the person being questioned, the party concerned and the person being obtained.

(2) After the preliminary investigation, the law enforcement officers of the Highway Law Enforcement Brigade shall make a Traffic Violation Investigation Report (see attached table 16), put forward handling opinions, and submit them to the division commander of the Highway Law Enforcement Detachment for review. If the detachment leader of the highway law enforcement detachment thinks that highway punishment should be given after examination, the highway law enforcement officer in charge of investigating the case shall make a Notice of Traffic Violations (see attached table 17) and serve it on the parties concerned, informing them of the contents, facts, reasons and basis of the punishment that should be given, and informing them that they can make statements and arguments within three days from the date of receiving this notice, and may request to organize a hearing when making a decision to order to suspend production or business or impose a relatively large fine.

(three) after the investigation of the case, the captain of the road law enforcement detachment shall review the relevant information in the traffic violation investigation report according to law and put forward the handling opinions. Major and complicated cases shall be discussed collectively by the head of the road law enforcement brigade and all law enforcement officers, and the discussion records of traffic administrative punishment cases shall be made. This situation is handled as follows:

(a) the illegal facts are conclusive and the evidence is sufficient, and there is no need for a hearing according to law. According to the law, the law enforcement officers handling the case will make a punishment decision according to the examination and approval opinions of the traffic violation investigation report.

(two) the case needs further investigation and evidence collection, and the original law enforcement personnel shall make supplementary investigation;

(three) if the illegal facts are not established, no road punishment shall be given;

(four) the illegal facts are minor, and the road administration punishment shall not be imposed according to law, and the road administration detachment leader shall decide not to impose the road administration punishment;

(5) If the illegal act has constituted a crime, the road officials handling the case shall transfer the relevant materials to the judicial organs for handling according to the examination and approval opinions of the investigation report on traffic violations.