What is the basis for Shanghai traffic police to punish green parking?

The following information can be used for reference. I hope my answer is helpful to you.

Xiamen: Parking in the residential area was towed away by the urban management.

On 20 11June1day, several provisions on property management in Xiamen came into effect. It stipulates that urban management law enforcement departments can implement trailers if residential residents stop to block fire exits or affect other residents' normal walking.

It is reported that if the law enforcement department drags the illegal vehicle away from the original position, it will inform the property service enterprise of the parking place of the vehicle (with the receipt) and inform the owner of the relevant content by SMS. Before the vehicle is towed away from the original position, the appearance of the vehicle will be photographed or videotaped for evidence collection, and the personnel of the property service enterprise will be present to witness the whole process. The storage expenses of trailers and vehicles shall be borne by the parties concerned according to law, and the parties concerned shall collect the vehicles at the designated place with the notice from the urban management law enforcement department.

According to Xiamen Daily.

Jiangsu: The maximum penalty is 1 10,000 yuan.

In 2008, Jiangsu Provincial Public Security Bureau issued a document to regulate and guide parking management in residential areas. Among them, the police station will guide the property company to discourage the vehicles in the community from stopping and leaving; Those who refuse to make corrections will be fined 1000 yuan for individuals and 50,000 yuan to 200,000 yuan for units. According to the Oriental Morning Post.

Explanation of traffic police entering the trailer in the community

Traffic police: There is evidence in law, but there is a key point.

The traffic police department can help close the traffic jam caused by civil strife and parking in the community.

Does the traffic police have the right to enter the community to handle vehicle parking? The person in charge of the legal brigade of the traffic police detachment of Nanning Public Security Bureau said that the residential roads that allow foreign vehicles to enter and park are legal roads, and the traffic police department can enforce the law. However, there are some special considerations in law enforcement.

Trailer punishment is justified.

The relevant person in charge of the Traffic Police Guidance Brigade of Nanning Public Security Bureau said in an interview that recently, when the traffic police department carried out illegal parking rectification of motor vehicles, it was found that some vehicles in the original residential area of Yongning County Land and Resources Bureau were parked on the road at will, which hindered traffic and was confirmed by the traffic police as illegal parking. As some car owners were not on the scene, the traffic police department handled the trailer according to law.

Jiangshan, head of the legal brigade of the traffic police detachment of Nanning Public Security Bureau, said that according to the Road Traffic Safety Law, as long as the roads in residential areas are open to the outside world and foreign vehicles are allowed to enter and park, they are legal roads, and the traffic police department can enforce the traffic conditions in these communities.

Jiangshan said that some residents believe that parking in front of their own gates or shops is within the scope of architectural planning permission. Even if the traffic is affected, the traffic police have no right to manage it. Actually this is a misunderstanding. Even if residents build houses and roads in this area, as long as social vehicles are allowed to pass and park, they still belong to the category of legal roads in management, and the traffic situation needs to be managed by the traffic police department.

The focus of law enforcement is to consider.

Mr. Lin, a citizen, believes that it seems not rigorous to judge the open community only by "whether foreign vehicles are allowed to enter". This is because almost all residential areas in Nanning, including residential areas, mixed residential areas and office areas of enterprises and institutions, allow foreign vehicles to enter and leave. "According to this standard, are all residential roads under the control of the traffic police?"

"Although residential roads and municipal roads are different, the basis for law enforcement is the same." Jiangshan said that although the law has this provision, the traffic police department will give priority to law enforcement. Under normal circumstances, the traffic police mainly enforce the law in the road sections with great influence, taking into account the management of open communities. However, if there are serious traffic problems, the traffic police have the right to intervene in law enforcement when they receive reports or find traffic problems.

The person in charge of the Traffic Police Guidance Brigade of Nanning Public Security Bureau said that from reality, law enforcement in peacetime is generally applicable to roads with road names, road signs and traffic lines, and the scope of application mainly includes roads in urban villages such as the east and west of the city. This is because the disorderly parking of vehicles in these places often has a great impact on social vehicles, most people and urban traffic. For some communities with fences and management institutions, traffic police departments rarely punish trailers. Under daily circumstances, due to the relatively small impact, it is generally handled by the property or neighborhood Committee in time.

According to reports, although the vehicle open communities such as Hsinchu Community and Beihu Anju Community also belong to the road category in the legal sense, the traffic police departments generally rarely intervene when the parking of vehicles has little impact on the citizens.

3 rescue can be carried out when necessary.

Some closed communities do not allow social vehicles to enter. There are problems such as congestion caused by disorderly parking of vehicles, such as someone driving to block the gate of the community. What should I do? Jiangshan said that if there is no harm to citizens' personal and property safety, it is just a simple traffic jam, which is an ordinary civil dispute. Traffic police cannot use public power to forcibly tow away vehicles that hinder traffic.

However, if the traffic jam causes an emergency, such as a sudden illness in the community and needs to be taken to the hospital, 120 ambulance can't get in; Or when a fire breaks out, vehicles parked at will block the passage of fire engines, and the traffic police department can send police to rescue them. This kind of assistance does not belong to "law enforcement", but only the act of towing the vehicle, with the purpose of returning the traffic in the community to normal, rather than detaining the vehicle. In addition, because it does not belong to the legal category, the owner does not constitute a traffic violation, and the traffic police department has no right to punish the road surface of the closed community.

Related links

Article 1 19 of the Road Traffic Safety Law stipulates that "roads" refer to expressways, urban roads and places where social motor vehicles are allowed to pass, including squares, public parking lots and other places for the public to pass.

The traffic police extended to the community trailer

There was a car accident in the community. Will the traffic police handle it?

Cross-country and road traffic accidents are handled differently.

Guangxi News Network-South China Morning Post reporter Wang

According to the law, the property of residential pavement can be divided into "legal" and "illegal", and the traffic police department can manage residential traffic within the legal road according to law, including trailer punishment. Then, what should the traffic police department do after a traffic accident in the community? This is also a concern of many car owners.

Cross-country accident

It is also acceptable.

The reporter learned that if the accident occurred in the legal road category, it was a traffic accident. After the citizens call the police, the traffic police department will be present to enforce the law and handle the accident. However, accidents that occur when vehicles pass outside the legal roads belong to non-road traffic accidents.

The traffic police department said that non-road traffic accidents are civil tort cases, and the public security traffic police department does not have legal management authority and can be handled by the police station, facilities and car owners through consultation. Having said that, if a large number of non-road traffic accidents are not accepted, or there are practical difficulties in handling them after acceptance, resulting in accidents not being properly solved in time, it will bring hidden dangers of instability to the society, and the traffic police department also has the responsibility to deal with them.

The handling of these two accidents is quite different.

"If a traffic accident occurs outside the legal road, which involves personal injury or property loss and requires compensation, the traffic police department can also go to the scene to handle it and issue a' non-road accident certificate', which is equally valid in law." Jiangshan, the captain of the legal brigade of the traffic police detachment of Nanning Public Security Bureau, said.

According to reports, the traffic police department's intervention in non-road traffic accidents is different from the handling of traffic accidents. The difference between the two is that the traffic police department has no administrative coercive power over off-road accidents. On the contrary, when dealing with road traffic accidents, if it is to collect evidence, you can detain the parties' vehicles and certificates or ask relevant personnel to accept alcohol testing. There is no need to ask whether the parties are willing, and the traffic police department can take compulsory measures.

For non-road traffic accidents, the traffic police department may put forward inspection requirements. If the other party opposes or does not cooperate, the traffic police department cannot take compulsory measures and can only record the accident truthfully. In this case, if one party is unwilling to provide information or materials, and the responsibility cannot be divided, the court may make an unfavorable judgment on the uncooperative party when accepting the compensation case, and the relevant consequences shall be borne by the parties themselves. In addition, if both parties are unwilling to coordinate with the traffic police, the traffic police cannot enforce it after arriving at the scene, but if the responsibility is unclear, all legal consequences will be borne by the parties themselves.

The traffic police can also claim compensation if they are not on the scene.

Some citizens said that sometimes, even if a vehicle collision occurred in a community and the police were reported to the traffic police department, the attendance rate of the traffic police was often very low when it was heard that the accident site was located in the community, especially the road surface of the community that did not belong to the road scope. At this time, how should citizens divide their responsibilities and make car damage claims?

Zheng, deputy secretary-general of Guangxi Insurance Industry Association, said that if there is a traffic accident in the community, you can choose to solve it privately or ask the traffic police for help. If it's just some minor accidents, both parties can report the case directly to the insurance company when the traffic police department is not on the scene. At the same time, it is necessary to record the time, place, accident form, car damage, car numbers and models of both parties in detail, and take photos. The car owner can follow the general traffic accident handling process, that is, immediately notify the insurance company after the incident, so that the claim adjuster can rush to the scene to investigate and claim as soon as possible. Similar minor car accidents, insurance companies can also claim compensation without a responsibility certificate issued by the traffic police department.

Related links

Article 77 of the Road Traffic Safety Law stipulates that if the traffic administrative department of the public security organ receives a report of an accident when a vehicle passes outside the road, it shall handle it with reference to the identification of road traffic accidents in the Road Traffic Safety Law.