Detain motor vehicle driver's license; Detain the vehicle; To detect the contents of alcohol, psychotropic drugs and narcotic drugs controlled by the state in the body; Confiscating goods is also an administrative compulsory measure. The traffic administrative department of the public security organ and its traffic police can take these measures in the process of law enforcement.
If it is necessary to take administrative compulsory measures such as detaining vehicles, detaining motor vehicle driving licenses, testing the alcohol content in the body, psychotropic drugs and narcotic drugs under state control, it shall be handled in accordance with the following procedures:
(a) orally inform the violator or the owner or manager of the motor vehicle of the basic facts of the illegal act, the types and basis of the administrative compulsory measures to be taken, and the rights enjoyed according to law;
(2) Listen to the statements and arguments of the parties, and if the facts, reasons or evidence put forward by the parties are established, they shall be adopted;
(3) Making certificates of administrative compulsory measures;
(four) the certificate of administrative compulsory measures shall be signed by the parties concerned, signed or sealed by the traffic police, and sealed by the traffic management department of the public security organ. If the parties refuse to sign, the traffic police shall indicate it on the certificate of administrative compulsory measures;
(five) the certificate of administrative compulsory measures shall be delivered to the parties on the spot. If the party refuses to accept it, the traffic police shall indicate it on the certificate of administrative compulsory measures. If the traffic administrative department of the public security organ makes a decision on administrative compulsory measures, it may be executed by the traffic police. The traffic police shall, within 24 hours, submit the certificate of administrative compulsory measures (in duplicate) to the traffic management department of the public security organ for the record.
Compulsory measures include:
(1) For people: temporarily restrict freedom;
(2) For property: sealing up, distraining and freezing.
Administrative compulsion includes:
(1) Direct: auction;
(2) Indirect: overdue payment and performance on behalf of others.
Types of administrative punishment: including withholding and revoking administrative license.
legal ground
Provisions on procedures for handling illegal acts of road traffic safety
Twenty-fourth traffic management departments of public security organs and their traffic police can take the following administrative compulsory measures in the process of law enforcement:
(1) detaining vehicles;
(2) detaining a motor vehicle driver's license;
(3) towing a motor vehicle;
(4) testing the contents of alcohol, psychotropic drugs and narcotic drugs under state control in the body;
(5) Confiscation of articles;
(six) other administrative compulsory measures as prescribed by laws and regulations.
Twenty-fifth to take the provisions of Article 24 (1), (2), (4) and (5) of the administrative compulsory measures, shall be implemented in accordance with the following procedures:
(a) orally inform the violator or the owner or manager of the motor vehicle of the basic facts of the illegal act, the types and basis of the administrative compulsory measures to be taken, and the rights enjoyed according to law;
(2) Listen to the statements and arguments of the parties, and if the facts, reasons or evidence put forward by the parties are established, they shall be adopted;
(three) to make a certificate of administrative compulsory measures, and inform the parties to accept the treatment at the designated place within fifteen days;
(four) the certificate of administrative compulsory measures shall be signed by the parties concerned, signed or sealed by the traffic police, and stamped with the seal of the traffic management department of the public security organ; If the parties refuse to sign, the traffic police shall indicate it on the certificate of administrative compulsory measures;
(five) the certificate of administrative compulsory measures shall be delivered to the parties on the spot; If the party refuses to accept it, the traffic police shall indicate it on the certificate of administrative compulsory measures, which shall be deemed as service.
If administrative compulsory measures are taken at the scene, the traffic police shall report to the person in charge of the traffic management department of the public security organ within 24 hours and go through the approval procedures. If the person in charge of the traffic management department of the public security organ thinks that administrative compulsory measures should not be taken, it shall be lifted immediately.
Article 26 The certificate of administrative compulsory measures shall specify the basic information of the parties, the brand and type of vehicles, the illegal facts, the types and basis of administrative compulsory measures, the specific place and time limit for handling, the name of the decision-making organ and the administrative reconsideration and administrative litigation rights enjoyed by the parties according to law.
Twenty-seventh in any of the following circumstances, the vehicle shall be detained according to law:
(a) the motor vehicle driving on the road does not hang the motor vehicle number plate, does not place inspection marks and insurance marks, or does not carry the motor vehicle driving license and driver's license with the vehicle;
(2) Suspected of forging, altering or using forged or altered motor vehicle registration certificates, license plates, driving licenses, inspection marks, insurance marks and driving licenses, or using motor vehicle registration certificates, license plates, driving licenses, inspection marks and insurance marks of other vehicles;
(3) Failing to take out compulsory motor vehicle traffic accident liability insurance in accordance with state regulations;
(four) road passenger vehicles or freight vehicles are overloaded;
(5) The motor vehicle is suspected of being stolen or robbed;
(six) the motor vehicle is suspected of being assembled or reaching the standard of scrapping;
(seven) did not apply for the "road transport license for highly toxic chemicals" to transport highly toxic chemicals by road;
(eight) non motor vehicle drivers refused to accept the fine.
If there is a road traffic accident and it is necessary to collect evidence, the accident vehicle may be detained according to law.