(a) driving a motor vehicle without using the lights as required;
(two) driving a motor vehicle does not meet the requirements;
(three) the length, width and height of driving a motor vehicle exceed the provisions;
(four) the motor vehicle on the road is not placed with the inspection mark and insurance mark, and does not carry the driving license and motor vehicle driving license with the vehicle.
Two, how to determine the traffic violation punishment belongs to the category of administrative punishment, should be based on facts and take laws and regulations as the criterion. In the actual work of dealing with road traffic violations, it involves the collection of illegal evidence in the process of traffic management law enforcement. The universality and immediacy of traffic violations put forward high requirements for the identification of road traffic violations. How to correctly, effectively and timely identify illegal facts is particularly important for correcting traffic violations, punishing and educating offenders, standardizing police law enforcement on duty, and ensuring the legality of punishment. According to the "Administrative Punishment Law" and road traffic management regulations and the actual situation of road traffic violations, there are several ways to collect factual evidence of traffic violations in the process of law enforcement on duty:
(1) Identify and confirm illegal facts on the spot.
According to what they saw with their own eyes, the police on duty confirmed some obvious illegal acts with the characteristics of forming quickly, disappearing quickly and leaving no trace afterwards. Such as speeding, overtaking illegally, driving in the opposite direction, etc. If the parties have no objection to the illegal facts identified by the on-site police on duty, they may identify the illegal facts as established and put them on record, which shall be signed by the parties, and the reasons shall be indicated if the parties do not sign; If the parties have any objection to the illegal facts identified by the police on duty, the police on duty shall also identify the illegal facts on the spot and make a record. If there is administrative reconsideration or administrative litigation afterwards, the facts ascertained by the traffic police are valid.
(two) on-site inspection to confirm the illegal facts.
This is a common way for police on duty to collect evidence of traffic violations. The police on duty at the scene inspect the vehicle and confirm the illegal facts such as overloading, unauthorized change, replacement or modification, drunk driving, steering gear and lighting device not meeting the requirements. Some have to pass the instrument inspection and identification, and some can be inspected and identified on the spot. On-site inspection police make on-site inspection records according to the illegal facts of inspection, which are checked and signed by the parties. If the parties have no objection, the illegal facts are confirmed; If the parties have objections, the traffic police on duty shall confirm them on the spot according to the inspection results. In the trial afterwards or in administrative reconsideration or administrative litigation, the inspection records of the traffic police on duty should be regarded as important evidence materials, which should be accepted after the possibility of making mistakes is ruled out. It is also used for drivers who violate the rules to fill in "violation statement" instead of "on-site inspection record" according to the violation facts of the on-site inspection by the traffic police on duty. However, if the driver refuses to fill it out or cannot fill it out objectively and truly, the police on duty should still make a record of on-site inspection of traffic violations.
1, China's "Administrative Procedure Law" stipulates: "Citizens, legal persons or other organizations have the right to bring a lawsuit to the people's court in accordance with this law if they think that the specific administrative actions of administrative organs and their staff infringe upon their legitimate rights and interests." The so-called specific administrative act refers to the administrative act made by the administrative subject to a specific administrative counterpart (including citizens, legal persons and other organizations) according to law, which is only binding on the administrative counterpart and has the characteristics of punishment and restraint.
2. China's "Road Traffic Safety Law" stipulates: "The traffic administrative department of the public security organ shall, according to the on-site inspection, inspection, investigation and relevant inspection and appraisal conclusions of the traffic accident, make the identification of the traffic accident in time as evidence for handling the traffic accident." As can be seen from this provision, the identification of traffic accident liability is only used as evidence to deal with traffic accident cases, which is not punitive and has no direct legal effect on the parties. Therefore, the behavior of traffic accident liability determination is not a specific administrative act, and administrative proceedings cannot be brought to the people's court.
Three, traffic violations a deduction of 2 points, motor vehicle drivers have one of the following illegal acts, 2 points:
(a) overtaking on the ramp, acceleration lane or deceleration lane of the expressway;
(2) Violating the instructions of prohibition signs, warning signs, prohibition markings and warning markings;
(three) driving passenger vehicles other than highway passenger vehicles to carry more than 20% of the approved number of passengers or carrying goods in violation of regulations;
(four) the weight of the goods on board exceeds the approved weight by less than 30%;
(5) Failing to drive or stop at an intersection as required;
(6) Making and answering cell phones, watching TV and other behaviors that hinder safe driving;
(seven) when driving in the same lane, do not keep the necessary safe distance from the preceding vehicle in accordance with the regulations;
(8) Failing to slow down, stop or avoid pedestrians when crossing the crosswalk;
(9) Driving a bus, operating a bus or performing a task during the internship period, driving a police car, a fire truck, an ambulance, an engineering rescue vehicle and a motor vehicle carrying explosives, inflammable and explosive chemicals, toxic and radioactive substances, or driving a motor vehicle to tow a trailer;
(ten) failing to tow the faulty motor vehicle according to the regulations;
(eleven) driving and riding a two-wheeled motorcycle without wearing a helmet;
(twelve) when the motor vehicle is running, the driver and passengers of the motor vehicle do not wear seat belts according to the regulations.