Traffic police are responsible for maintaining traffic in our country. However, when encountering uncooperative drivers, traffic police have the right to take coercive measures. The following is the procedure for traffic police to take coercive measures compiled by me. I hope it can help you.

Procedures for traffic police to take compulsory measures

If it is necessary to take administrative compulsory measures such as detaining vehicles, detaining motor vehicle driving licenses, testing the content of alcohol in the body, state-controlled psychotropic drugs, and narcotic drugs, the procedures shall be as follows: The following procedures are implemented: (1) Orally inform the illegal perpetrator or the owner or manager of the motor vehicle of the basic facts of the illegal act, the types and basis of the proposed administrative compulsory measures, and the rights they enjoy according to law;

(2) Listen to the statements and defenses of the parties, and if the facts, reasons or evidence put forward by the parties are established, they shall be adopted;

(3) Prepare vouchers for administrative compulsory measures;< /p>

(4) The voucher for administrative compulsory measures shall be signed by the parties concerned, signed or stamped by the traffic police, and stamped by the traffic management department of the public security organ. If the party refuses to sign, the traffic police shall indicate this on the administrative coercive measures voucher;

(5) Deliver the administrative coercive measures voucher to the party on the spot.

If the party refuses to accept it, the traffic police shall indicate it on the administrative coercive measures voucher.

The specific process of traffic police handling cases

1. On-site investigation

Article 12 When the public security and traffic management department receives a report of a traffic accident, it must keep a record of the report . If it is a major or extremely serious accident, it should be reported immediately to the higher-level public security and traffic management department or relevant departments. If the matter does not fall under its own jurisdiction, it shall be transferred to the competent authority and the parties concerned shall be notified.

Article 13. If it is found to be a traffic accident after on-site investigation, fill in the "Traffic Accident Registration Form". If it does not constitute a traffic accident, it shall be approved by the person in charge of the accident handling department and the parties concerned shall be notified in writing.

Article 14 The number of people conducting an accident site investigation shall not be less than two.

Article 15 When a major or extremely serious accident occurs, the public security and traffic management departments of the provinces, autonomous regions, and municipalities directly under the Central Government shall send personnel to the scene to guide the investigation when they deem it necessary. In the event of a major or extremely serious accident or a foreign-related traffic accident, the regional (municipal) public security and traffic management department shall send personnel to the scene to guide the investigation. When necessary, the People's Procuratorate should be consulted to send personnel to the scene. The public security and traffic management department in the jurisdiction must send personnel to maintain order on the scene.

Article 16 After arriving at the scene, the survey personnel shall immediately carry out the following work:

(1) Organize the rescue of the injured and property;

(2) Make Exploring materials, looking for witnesses, and collecting physical evidence;

(3) Check the items left at the scene, remove obstacles, and restore traffic.

Article 17 After the traffic accident scene map is drawn, the surveyor and draftsman shall sign or seal it. If the party is present at the scene, he or she may be required to sign; if the party is not present or is incapable of signing, the signature or seal of the party shall be signed by a witness. If there is no witness or the party refuses to sign, it shall be recorded in the record.

Article 18 If the parties involved in a traffic accident escape or drive away from the scene, the public security and traffic management department shall arrange for a follow-up investigation in a timely manner, and if necessary, may issue a joint 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 direct investigation. After the vehicle that escaped or drove away from the scene is seized, the department that issued the investigation assistance notification shall promptly cancel the notification.

Article 19 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, , one of the parties or relevant personnel should be designated to guard it, and obvious signs should be set up.

2. Investigation and evidence collection

Article 20 When the public security and traffic management department temporarily detains a traffic accident vehicle, a suspect vehicle, a vehicle license plate and the driving license of the party concerned, it shall issue a temporary detention voucher . Due to the need for inspection and appraisal, the period for temporarily detaining vehicles involved in traffic accidents, suspect vehicles, vehicle license plates and driver's licenses is 20 days; if an extension is required, it can be extended for 20 days with the approval of the public security and traffic management department at the next higher level. Temporarily impounded vehicles shall be stored at the location designated by the public security and traffic management department and properly kept. The other documents of the parties shall be returned on the spot after inspection and registration.

Article 21: Questioning (interrogation) of parties, witnesses and relevant personnel shall be conducted in accordance with the provisions of the "Regulations on Public Security Administration and Penalties of the People's Republic of China"; the responsible party shall not be present without reason , can be summoned according to law.

Article 22 The collection and extraction of traces and physical evidence from the scene of a traffic accident shall be carried out in accordance with the relevant regulations and standards for handling traffic accidents. If there are traces or evidence at the scene of the traffic accident or in the bodies of the parties that may be lost due to time, location, or weather factors, they should be extracted in a timely manner. If a person who drinks or uses drugs refuses to extract blood and resists, restraint belts or police ropes can be used to force the extraction, which must be removed immediately after the extraction is completed.

3. Inspection, identification and re-evaluation

Article 23 The examination of the corpse of a traffic accident victim shall not be carried out in public places.

An autopsy on the body of a person who died in a traffic accident must obtain the consent of his relatives or agent. However, when the public security and traffic management department deems it necessary, they can directly dissect the body with the approval of the person in charge of the accident handling department. If the corpse of a foreigner visiting China is examined by a forensic doctor, the forensic doctor will issue a "death appraisal certificate". If an autopsy is required, a written certificate from the deceased's family or the embassy or consulate of the country in China agreeing to the autopsy must be obtained.

Article 24 The disability assessment of persons injured in traffic accidents shall be carried out by forensic doctors; if medical treatment is not possible, it shall be carried out by case investigators who handle traffic accidents; if the injuries are complicated, personnel with specialized knowledge may be hired Or entrust other professional disability assessment agencies to conduct it. Where conditions permit, the public security and traffic management department shall establish a traffic accident disability assessment committee.

Article 25 If a party involved in a traffic accident is dissatisfied with the disability assessment, he or she may apply for re-assessment to the public security and traffic management department at the next higher level in accordance with the "Measures for Handling Road Traffic Accidents". The re-evaluated conclusion is final. When the public security and traffic management department at the next higher level deems it necessary, it may entrust other professional disability appraisal agencies or hire personnel with specialized knowledge to conduct a re-evaluation.

IV. Other provisions

Article 26 If the investigators have an interest in the traffic accident or have other relationships that may affect the fair handling, they shall withdraw themselves. The parties concerned have the right to apply for the recusal of case handling personnel. The provisions of the preceding paragraph shall apply to appraisers and surveyors.

Vehicle seizures by traffic police

1. Passenger or freight vehicles are overloaded;

2. Motor vehicle license plates are not hung;

3. Failure to place an inspection mark;

4. Failure to place an insurance sign;

5. Failure to carry a driving license with the vehicle;

6. Not carrying a driver’s license;

7. Forging, altering, or using forged or altered motor vehicle registration certificates, license plates, driving licenses, inspection marks, insurance marks, and driving licenses ;

8. Using the motor vehicle registration certificate, number plate, driving license, inspection mark, and insurance mark of other vehicles;

9. Failure to insure compulsory traffic insurance as required;< /p>

10. A traffic accident occurs and the vehicle needs to be detained to collect evidence;

11. The motor vehicle is suspected of being stolen;

12. The motor vehicle Suspected of being assembled or reaching scrap standards;

13. Transporting highly toxic chemicals by road without applying for the "Highly Toxic Chemicals Road Transport Pass";

Traffic accident mediation Time regulations

The time limit for mediation of road traffic accident damage compensation is 30 days, which can be extended by 15 days if the public security organ deems it necessary.

For injuries caused by traffic accidents, mediation will begin from the date of completion of treatment; for injuries caused by disability, it will begin from the date of disability determination; for deaths caused by traffic accidents, mediation will begin from the end of the prescribed time for handling funeral matters. If the traffic accident only causes property damage, the mediation will start from the date when the loss is determined. The calculation starts from the day after the notified party receives the notice. If there is a statutory holiday within the specified period, the day after the holiday will be the last day of the period. The deadline on the last day of the period will be the time when business activities are stopped. Deadline.

During mediation, the parties change mediation participants, and the number and time of mediations are continuously counted. If the parties or their agents are unable to participate in the mediation on time due to force majeure or special circumstances, the mediation time limit will be interrupted.

If the parties do not participate in the mediation within the mediation period, do not report to the public security organs, or postpone the mediation without the consent of the public security organs, the mediation will be terminated after the expiration of the mediation period.