What are the 72 provisions of the Road Traffic Safety Law? Below I will introduce to you the 72 provisions of the Road Traffic Safety Law and their interpretation. For details, please see this article. Article 72 of the Road Traffic Safety Law
"Road Traffic Safety Law of the People's Republic of China"
Article 72: After receiving a traffic accident alarm, the traffic management department of the public security organ , the traffic police should be sent to the scene immediately, organize the rescue of the injured first, and take measures to restore traffic as soon as possible.
Traffic police shall conduct inspections and inspections at the scene of traffic accidents and collect evidence; they may detain the accident vehicle due to the need to collect evidence, but they shall keep it properly for verification.
For highly professional examinations such as the physical and mental conditions of the parties, the traffic management department of the public security organ shall entrust a specialized agency to conduct an appraisal, and the appraisal conclusion shall be signed by the appraiser. Interpretation of Article 72 of the Road Traffic Safety Law
This article is about the regulations on the on-site handling of traffic accidents by the traffic management department of the public security organ. The *** is divided into three sections. The first section stipulates on-site emergency response; the second section stipulates the collection of evidence for traffic accidents; and the third section stipulates the specifications for professional inspections. We will explain these three contents separately.
Paragraph 1: After receiving the alarm, the traffic management department of the public security organ shall go to the scene to handle the traffic accident emergency.
After receiving a report, the traffic management department of the public security organ must first keep a record of the report. For major or extremely serious traffic accidents, they should be reported immediately to the higher-level public security and traffic management department or relevant departments. For matters that do not fall under the jurisdiction of this department, the matter shall be forwarded to the relevant authorities and the parties concerned shall be notified. For ordinary traffic accidents, at least two traffic police officers should be dispatched to the scene for investigation.
After arriving at the accident scene, the traffic police should immediately organize the rescue of injured persons and property to prevent further losses in traffic accidents. Injured persons who need to be sent to the hospital for rescue should be sent to the hospital for rescue as soon as possible. While rescuing the injured, necessary measures should be taken to restore traffic as soon as possible. In order to ensure smooth traffic, under normal circumstances, the road on the site should not be closed in two directions; if the site must be closed in two directions, another vehicle channel must be opened to direct the vehicle personnel to detour; when one-way closure is required, dedicated personnel should be assigned to divert traffic. After the on-site investigation is completed, items left on site must be promptly inventoried, obstacles must be eliminated, and normal traffic order must be restored as soon as possible. Surveyors are strictly prohibited from evacuating the site when the road is blocked.
For parties involved in traffic accidents who escape or drive away from the scene, the public security and traffic management department must promptly arrange for a pursuit, and if necessary, may issue a co-investigation notice to the relevant regional public security and traffic management department. The public security and traffic management department that receives the notification of assisted investigation shall organize the investigation according to the clues of the notification and notify the reporting unit of the results of the investigation.
The public security and traffic management department shall protect the items left at the scene of the traffic accident; except for physical evidence, other property must be returned to the parties in a timely manner; if it is temporarily unclaimed, it must be properly kept; if it is temporarily unable to be moved, the party shall be designated One party or relevant personnel shall guard it and set up obvious signs.
Paragraph 2: The traffic police shall inspect and inspect the accident scene and collect evidence; due to the need to collect evidence, the accident vehicle may be temporarily detained, but it shall be properly kept for verification.
On-site investigation and inspection, also known as on-site inspection, refers to the on-site investigation and inspection conducted by the traffic management department of the public security organ on the time, place, vehicle, road, object, person, corpse, etc. related to the traffic accident. Field inspection. On-site investigation is the basis of traffic accident handling. It is of great significance for comprehensively analyzing the cause of the accident, accurately determining the accident liability, and preparing penalties and damage compensation. Traffic police must conduct on-site inspections comprehensively, carefully and in accordance with the law. They must strictly implement the technical standards for on-site inspections issued by the Ministry of Public Security, namely "Inspection of Traces and Evidence of Road Traffic Accidents", "Inspection and Photography of Road Traffic Accident Sites" and "Road Traffic Accident Inspection and Photography". Traffic Accident Scene Mapping".
When investigating the scene, the investigators must take photos, videos and other methods to fix and fix the key traces that can reflect the cause of the accident and determine the nature of the accident, as well as the shape, location and size of the thrown objects. Extract, completely reflect its full picture and truthfully record the objective environment of the accident site; after the investigation, you should promptly check whether the textual expressions and data of the investigation records such as site maps and on-site investigation transcripts are consistent to prevent errors.
When investigating an accident site at night or under weather conditions with low visibility such as rain, fog, sand and dust, the survey vehicles should be equipped with obvious warning signs; personnel surveying the site must wear survey work clothes to ensure that the site and the safety of surveyors. Ordinary roads must be 30 meters or 50 meters away from the scene, and highways should be equipped with battery warning lights, reflective cones and other luminous or reflective warning and guidance signs 50 meters or 100 meters away from the scene, and demarcate a safety zone to prevent Passing vehicles enter the scene and cause danger. After an accident involving a vehicle carrying dangerous goods occurs, the road must be closed immediately, the people must be evacuated, and the local government must be reported promptly and the relevant departments must be notified to deal with it promptly. Unrelated personnel are strictly prohibited from entering the scene, and the scene shall be investigated after the danger is eliminated.
Inspection and inspection of the accident scene, collection of evidence, including on-site investigation and interviews with the parties and witnesses, and recording the results completely and accurately.
It needs to be emphasized that parties involved in traffic accidents have the right to view the traffic accident scene map drawn by the traffic police. When viewing the scene map, the parties should pay attention to whether the location of the scene is accurate and whether the data on the parking location of the vehicle is accurate. Accurate, whether there is braking distance, whether the starting point and end point position and data of the braking drag are accurate, whether there is contact orientation, whether the position of the human body is lying and whether the relationship with the vehicle is accurate, whether there is any labeling of scattered objects, etc. If the location is inappropriate or the data is inaccurate, you have the right to request a re-examination.
Another content of the second paragraph of this article is to give the traffic management department of the public security organ the power to temporarily impound motor vehicles involved in accidents. The temporary impoundment of the accident vehicle must be for the purpose of collecting accident evidence, otherwise it shall not be temporarily impounded. When the traffic management department of the public security organ temporarily impounds a vehicle involved in an accident, it must issue a "Road Traffic Accident Temporary Impound Voucher" to the party concerned, which must specify the period of temporary impoundment and the storage location of the impounded vehicle. According to the "Measures for Handling Road Traffic Accidents", the temporary detention period shall not exceed 20 days. If it needs to be extended due to inspection or appraisal, the extension must be approved by the traffic management department of the public security organ at the next higher level, but the extension time limit shall not exceed 20 days. Temporarily impounded vehicles shall be stored at the location designated by the traffic management department of the public security organ for safekeeping, and shall be returned promptly after verification. If the temporarily impounded vehicle is damaged or lost due to poor storage by the traffic management department of the public security organ or other reasons, the parties concerned may request compensation in accordance with the law.
Paragraph 3 of this article stipulates special provisions for more professional examinations of the physical and mental conditions of the parties. For these highly professional inspections, the "Road Traffic Safety Law" requires the traffic management department of the public security organ to entrust a specialized agency to conduct appraisals, and stipulates that the appraisal conclusion should be signed by the appraiser.
In order to standardize the disability assessment of injured persons involved in traffic accidents, in 1992, the Ministry of Public Security formulated and issued the industry standard "Disability Assessment of Injured Persons in Road Traffic Accidents" (GA35?92). The disability referred to in this standard refers to the human disability caused by road traffic accident injuries, including abnormalities in mental, physiological functions and anatomical structures, as well as varying degrees of loss of the ability to live, work and social activities. According to the provisions of this standard, the traffic management department of the public security organ shall assign or hire personnel with specialized knowledge in accordance with the law to conduct the assessment of disability in road traffic accidents. The standards require that the assessor must have a professional title of forensic physician or above and be an accident handler with knowledge and experience in disability assessment. It should be said that the inspection of general limb and organ disabilities of parties involved in traffic accidents only requires certain professional knowledge and experience in handling traffic accidents. These tasks can be established by the public security and traffic management department in accordance with the law. The responsibility is borne by staff members of institutions specializing in the assessment of the disability of persons injured in road traffic accidents. However, for complex injuries in terms of physical and mental conditions, the accident disability assessment agency established by the traffic management department of the public security organ is generally not competent, and it is necessary to rely on professional authoritative organizations and senior people in society to conduct appraisals.
This will not only increase the authority and credibility of the appraisal conclusion and reduce the probability of re-evaluation, but also effectively utilize social resources to participate in traffic accident handling technical work.