The unsuccessful law does not pass the annual inspection vehicle to the vehicle management station to win the case of 28 cases

Recently, the automobile has been unable to pass the annual inspection because of undisposed traffic violations. Many vehicle owners often encounter the problem of not passing the inspection mark because they did not deal with traffic violations. Therefore, before the annual inspection, the centralized treatment of traffic violations became the choice of many vehicle owners, but there were also owners who were The refusal to issue the inspection mark will sue the traffic police department to the court. The Beijing Youth Daily reporter searched the Chinese Judicial Document Network and found that from 2008 to 2018, there were 57 similar cases published by the Judicial Document Network, of which 28 were won by owners.

Not to pass the test

The owner sued the vehicle management office

In the relevant case published by China's Judicial Document Network, Zhejiang Liu Pengcheng was the first car owner to sue the vehicle management office.

The Shaoxing Intermediate People's Court verdict in Zhejiang shows that on August 20, 2007, the Traffic Police Detachment of the Public Security Bureau of Shaoxing City used Liu Pengcheng’s vehicles for more than 20 road traffic violations not yet handled on the ground that it had passed the “Registration Requirements for Motor Vehicles”. The qualified vehicle will not issue the annual inspection mark.

Liu Pengcheng believes that the "Road Traffic Safety Law" clearly stipulates that as long as it meets the national safety technical standards for motor vehicles, it must issue a vehicle inspection mark. Article 34 of the "Regulations on the Registration of Motor Vehicles" restricts Article 13 of the "Law on Road Traffic Safety". The former is a subordinate law, which is in conflict with the latter's superior law. The "Road Traffic Safety Law" shall apply.

Shaoxing Intermediate People's Court dismissed Liu Pengcheng’s lawsuit on the grounds that the Ministry of Public Security’s “Regulations on Registration of Motor Vehicles” belonged to the regulations. The basis for its formulation was the “Law of the People’s Republic of China on Road Traffic Safety” and the implementing regulations. Article 34 of the Ministry of Public Security deals with public security agencies. The traffic management department issued specific regulations for the inspection qualified mark, stipulated that the motor vehicle's violation of road traffic safety is not completed and the inspection qualified mark is not issued, and at this stage, the maintenance of road traffic order, the prevention and reduction of traffic accidents, and the protection of the human body Property security has a specific value. Liu Pengcheng believes that the provisions of the rules and the "Law of the People's Republic of China on Road Traffic Safety" contradictory appeal reasons the court will not accept.

The excuse of the traffic control department

The court sometimes does not support

For the owners of the prosecution, the traffic police department will generally argue that before applying for a vehicle inspection certificate, it must first deal with traffic violations, which is based on the "Motor Vehicle Registration Regulations" issued by the Ministry of Public Security.

According to relevant judgments published by the Chinese Judicial Document Network, the statement made by the traffic police department sometimes is not supported by the court.

Xi'an citizen Guo Bo (a pseudonym) was the first owner to win the case.

On March 19th, 2014, Guo Bo’s off-road vehicle was examined annually. When applying to Xi’an Vehicle Administration to issue a qualified vehicle inspection mark, DMV considered that the illegal record of the vehicle still existed and had not been verified by the motor vehicle. Sign. Guo Bo sued the court.

The DMV believes that, from the legislative intent of the Motor Vehicle Registration Regulations, the Traffic Safety Law, and the People's Police Law, as well as legislative objectives and social effects, the registration requirements of motor vehicles require the elimination of illegal records before they can be issued. The provisions of the sign are in line with the basic legal spirit of safeguarding social order and protecting public order and good customs, and the ultimate goal of fairness and justice pursued by law.

The court held that the effectiveness of the "Road Traffic Safety Law" is higher than the "Registration Regulations for Motor Vehicles" and that the issuance of inspection marks for motor vehicles should strictly comply with the "Road Traffic Safety Law." According to the provisions of the "Road Traffic Safety Law," compliance with the national safety technical standards for motor vehicles is the only condition for the issuance of qualified inspection marks. Whether a motor vehicle meets the national safety technical standards is irrelevant to whether the driver has a traffic violation.

The latest case of the owner’s successful lawsuit occurred at the end of 2017. Fujian’s owner Zou Yun (a pseudonym) sued the traffic police department and obtained the court’s support.

57 similar lawsuits

28 owners won the case

The reporter of Beiqing Daily found out that prior to this, the Supreme Court had issued a reply to the Hubei Provincial High Court “On the question of whether the public security traffic police department could not issue inspection marks for motor vehicles on the ground that traffic violations have not been handled”. In its reply, the Supreme Law stated that the provisions of Article 13 of the "Road Traffic Safety Law" are clear and should be implemented in accordance with the provisions of the law.

Judging from the jurisprudence published by the Chinese Judicial Document Network, the focus of disputes in such cases is often whether the “Regulations on the Registration of Motor Vehicles” and the “Road Traffic Safety Law” are in conflict. Because the understanding of this issue is different, some local courts are hearing this. Cases often have different referee results.

Article 13 of the "Road Traffic Safety Law" stipulates that for the provision of a motor vehicle driving permit and a motor vehicle compulsory third party liability insurance policy, the motor vehicle safety and technical inspection agency shall inspect it, and no unit may impose additional conditions. For those that meet the national safety technical standards of motor vehicles, the traffic management department of the public security organ shall issue a qualified inspection mark. The "Regulations on Registration of Motor Vehicles" stipulates that before a vehicle owner applies for the inspection of a qualified mark, he shall complete the handling of the vehicle's illegal acts and traffic accidents.

The Beijing Youth Daily reporter search found that of the 57 similar cases published by the Judicial Document Network, the claims of 29 car owners were rejected by the court, but the reasons for the rejection were not all because the court supported the claims of the traffic police department. In these cases, Some are problems in the legal process. For example, there is no written application for the issuance of the inspection mark to the traffic police, and some are suing the wrong target, such as directly suing the traffic police brigade instead of the vehicle management office, and the court finds that the defendant's subject is not fit.