Truckers can refuse to impound their trucks! Trucks can't be impounded whenever you want!
For us truck drivers, most of the day is running around on the road, must also be inevitable and road law enforcement officers encounter, truck drivers will encounter a variety of problems, we will talk about the problem of impounding vehicles today.
Traffic police and road administration can not repeat the impoundment of vehicles
The car on the highway may be in an accident, which may cause damage to the highway road property. The first thing to do at this time is to call the police and wait for the traffic police to deal with it. Usually the traffic police will impound the car, but this time the impoundment is for evidentiary purposes and the police should release the car at the latest after the accident certificate is made.
There is another situation, is the road administration impounded car, road administration impounded car based on the "highway safety protection regulations" Article 72, paragraph 1: "cause damage to the highway, highway ancillary facilities, refused to accept the highway management agencies on-site investigation and treatment, the highway management agencies can detain vehicles, tools."
Both the traffic police and the road administration can impound the car, but the car cannot be detained repeatedly. In practice, whoever impounds a car first the other cannot do so again. Therefore, after causing road damage, the first thing to do is to determine whether the car is impounded by the traffic police or the road administration, and impounding the car requires formalities.
Police impoundment: usually up to three days
Heavy truck accessories
The traffic police have the unconditional right to impound the car after the accident, but the traffic police impoundment is for a period of time, just for the purpose of investigation and evidence, the scene of the end of the investigation within 3 days to commission identification, identification period can not exceed 20 days, more than 20 days, should be reported to the higher level of public security organs of traffic management department for approval, but the longest shall not exceed 60 days.
Therefore, in terms of regulations, the accident scene investigation is completed within 3 days of the traffic police did not entrust identification or not reported to the higher traffic police for approval can not continue to impound the car, overtime that is illegal.
Road Administration impounding: Cooperate with on-site investigation and treatment, not impounding the vehicle
As long as the accident caused damage to the road property, the road administration will step in, the road administration also has the right to impound the car, but there is a prerequisite, that is, "causing damage to the highway, highway ancillary facilities, refusing to accept the highway management agencies on-site investigation and treatment".
So, just cause damage to the highway road property can not be impounded, only the person refuses to accept the road administration on-site investigation and treatment can impound the car. Therefore, the advice to truck drivers, the road administration out of the scene must cooperate, as long as you cooperate, the road administration can not impound the car.
It should be noted that the "on-site investigation and treatment" emphasizes the cooperation of the accident site, excluding timely punitive measures, such as not paying the fine and not releasing the car, this practice is illegal, the driver has the right to choose to pay the fine afterwards without compromising road safety.
Keep your wits about you and keep evidence in the face of unlawful detention
In real life, card users often encounter some of the legal compliance of the impounding behavior, please keep in mind the following two points:
1, after the accident, the traffic police have the right to unconditionally impound the car investigation, up to three days;
2, in the face of road administration, as long as the scene with the investigation, the road administration can not detain the car, while the road administration use "order to stop the vehicle notice" to detain the car is also an illegal act
To be honest, the face of the traffic police to impound the car should not take excessive behavior, compared with this trip to work, or their license is the most important it! And in the face of the road administration, must pay attention to cooperate, as long as they cooperate with the right to impound the car, do not worry about the card users can open the phone recording in private, to keep evidence.