Keep your eyes open: Don't let illegal operating vehicles harm you.
According to Guangming Online: In Hubei Province, a ride-hailing car driver with many years of driving experience had 222 traffic accidents involving cutting in with vehicles in the past year. The case involved 21 insurance companies and 248 individuals who staged accidents. Similarly, in Shanghai, a ride-hailing driver staged accidents with 8 buses in 17 days. The above drivers have all been approved for arrest.
Cases that happened around us:
Three years ago during the Spring Festival, my older aunt's cousin, at the exit of Hengyang Train Station, because she trusted the words of an operating vehicle owner, was drugged on the way (also known as date-rape drugs, obedience water, or submissive water). After all 41,000 yuan that she had worked hard to save over a year in an electronics factory in Bao'an, Shenzhen was stolen, she was abandoned on a remote county road. To this day, my cousin still avoids people and is melancholic.
The National Day holiday just passed this year, and a little friend from the same village sent me materials by registered mail, asking me to help him out.
An ordinary two-wheeled motorcycle carrying fellow villager Cao, who was riding as a passenger, was traveling from west to east. When it reached the south sidewalk approximately 88 meters from the intersection of Taiyuan Xiao Township Middle Road and Republic Old Road, the defendant Wang Daye's careless driving caused Cao, who was seated on the rear of the motorcycle, to be injured, and the motorcycle to be damaged. According to the accident determination by the Traffic Police Detachment of Ningyang Public Security Sub-Bureau of Taiyuan Public Security Bureau, the defendant Wang Daye bears full responsibility for the accident, and Cao bears no responsibility. After the accident, Han provided a guarantee for Wang Daye and issued a traffic accident guarantee document on April 9, 2024.
During the accident handling process, the Judicial Appraisal Center of the Scientific and Technological Research Institute conducted an appraisal of the plaintiff, and the conclusion was: the appraised individual, Cao, sustained traffic injuries to the right lower limb and other areas, and the sequelae of right lower limb functional impairment have constituted XXX disability. After the injury, rest was required for 210 days, care for 105 days, and nutrition for 75 days.
So far, Wang Daye has not paid a single cent to Cao.
1. Definition of illegal operation
According to the law, without obtaining a 'Business License' and a 'Road Transport Certificate' and other passenger transport qualification permits, soliciting passengers at airports, docks, and stations, picking up passengers on the roadside, or posting ride invitations online, arriving at designated locations as requested by passengers, and receiving fare payments from passengers is considered illegal operation.
Freight vehicles, tractors, motorcycles, motorized wheelchairs for the disabled, electric bicycles, and other vehicles are prohibited from engaging in passenger transport operations.
2. Types of passenger transport vehicles
According to the classification in "Motor Vehicle Type Terms and Definitions" (GA802-2019), passenger cars include mini, small, medium, and large passenger cars. Passenger cars are the vehicle types permitted for scheduled passenger transport, charter passenger transport, tourism passenger transport, bus passenger transport, taxi passenger transport, and online ride-hailing passenger transport operations.
3. Eliminate greed and refuse to ride all types of illegal operating vehicles
Because illegal operation vehicles seek to maximize profits, they often do not purchase operating insurance and passenger liability insurance, have poor risk resistance, frequently overspeed, take detours, and run red lights, making traffic safety accidents very likely. After causing an accident, they often choose to flee or are unable to compensate. There have been repeated incidents of extortion and blackmail of passengers, and some even have intentions of harming for financial gain.
Victims face difficulties in defending their rights, causing them tremendous pain and irreparable economic losses.
Penalty for illegal commercial vehicles
According to the 'Regulations on Road Transportation of the People's Republic of China'
Article 63
Violation of the provisions of this regulation, engaging in road transportation operations without obtaining a road transportation business license, shall be ordered to stop operations by the road transportation management authority at or above the county level; if there are illegal gains, the illegal gains shall be confiscated, and a fine of not less than twice but not more than ten times the illegal gains shall be imposed; if there are no illegal gains or the illegal gains are less than 20,000 yuan, a fine of not less than 30,000 yuan but not more than 100,000 yuan shall be imposed; if a crime is constituted, criminal responsibility shall be pursued according to law.
Lawyer's ReminderAlways place orders on larger platforms. When the ride-hailing car arrives, do not rush to get in. Check whether the license plate information and the booking details match. Prefer sitting in the back seat, maintain distance from the driver, constantly observe the vehicle's movement, keep your phone in hand, and be prepared for emergencies.
Motto: The wise are precise in law, the enlightened value teachers. With a selfless spirit, pursue profound expertise in the craft.
Lawyer Li Zuolin, license number: 14403202110325450. Graduated from Sun Yat-sen University with a degree in Law and from China University of Petroleum with a degree in Environmental Engineering. He is a nationally registered safety engineer and corporate trainer. Although primarily engaged in legal services, he has focused for many years on the field of safety production management, deeply understanding the principles of safety production and the defense and representation of safety production accident cases. He can provide high-standard, comprehensive, and multi-level criminal defense, administrative disputes, civil compensation, and other litigation and non-litigation legal services for corporate crime prevention, safety production, emergency management authorities, and stakeholders in safety production accidents.
