If summary punishment is applied, it can be made by the traffic police and implemented in accordance with the following procedures:
1, orally inform the violator of the basic facts of the illegal act, the administrative penalty to be imposed, the basis and the rights he enjoys according to law;
2. Listen to the statements and excuses of violators. If the facts, reasons or evidence put forward by the violator are established, they shall be adopted;
3. Make a summary punishment decision;
4. The penalty decision shall be signed by the punished person, signed or sealed by the traffic police, and stamped with the seal of the traffic management department of the public security organ; If the punished person refuses to sign, the traffic police shall indicate it in the penalty decision;
5. The penalty decision shall be delivered to the punished person on the spot; If the punished person refuses to accept it, the traffic police shall indicate it in the penalty decision and regard it as served.
6. The traffic police shall report the summary punishment decision to the traffic management department of the public security organ for the record within two days. The written decision on summary punishment shall specify the basic information of the punished person, the brand and model of the vehicle, the illegal facts, the basis of punishment, the content of punishment, the way of performance, the time limit, the name of the punishment organ and the administrative reconsideration and administrative litigation rights enjoyed by the punished person according to law.
Second, the violator will be fined more than 200 yuan (excluding), and the motor vehicle driver's license will be suspended or revoked, and the general procedures will apply. If it is not necessary to take administrative compulsory measures, the on-site traffic police shall collect and fix relevant evidence and make a notice of handling illegal acts. Among them, violators who are fined more than 200 yuan (excluding) can be dealt with quickly by simplifying the way of obtaining evidence and the approval procedures.
Three, violators should be punished by administrative detention, in accordance with the "Regulations" for the handling of administrative cases by public security organs.
Four, the punishment includes:
1. The traffic violator shall pay the fine in the bank within 15 days from the date of issuing the summary punishment decision issued by the police on duty on the road. If the fine is not paid within the time limit, a fine of 3% of the fine amount will be imposed every day, and the total amount of the additional fine shall not exceed the fine amount.
2. If a motor vehicle is detained by the police on duty on the road according to law due to traffic violations, the traffic violator shall, within 15 days, take the vehicle detention certificate, my driver's license (if the driver's license is detained according to law or my ID card is not available) and motor vehicle driving license (or invoices and certificates) to the window of the punishment and education room of the traffic police brigade for processing.
3. If a motor vehicle is recorded with illegal information by electronic monitoring equipment due to traffic violations, the traffic violator or the owner or manager of the vehicle may, after learning the illegal information, take the driver's license and vehicle driving license to the window of the punishment and education room of the traffic police brigade for processing.
Legal basis: Provisions on Procedures for Handling Illegal Acts of Road Traffic Safety.
Article 43 If a warning or a fine of not more than 200 yuan is imposed on the violator, a summary procedure may be applied.
If the violator is fined above 200 yuan (excluding), suspended or revoked the motor vehicle driver's license, the general procedure shall apply. If it is not necessary to take administrative compulsory measures, the on-site traffic police shall collect and fix relevant evidence and make a notice of handling illegal acts. Among them, violators who are fined more than 200 yuan (excluding) can be dealt with quickly by simplifying the way of obtaining evidence and the approval procedures.
Violators who are punished by administrative detention shall be executed in accordance with the procedures of the public security organs for handling administrative cases.
Forty-fourth summary punishment can be made by the traffic police and implemented in accordance with the following procedures:
(a) orally inform the offender of the basic facts of the illegal act, the administrative punishment to be given, the basis and the rights he enjoys according to law;
(2) Listen to the statements and arguments of the violator, and if the facts, reasons or evidence put forward by the violator are established, they shall be adopted;
(three) making a summary punishment decision;
(four) the penalty decision shall be signed by the punished person, signed or sealed by the traffic police, and stamped with the seal of the traffic management department of the public security organ; If the punished person refuses to sign, the traffic police shall indicate it in the penalty decision;
(five) the penalty decision shall be delivered to the punished person on the spot; If the punished person refuses to accept it, the traffic police shall indicate it in the penalty decision and regard it as served.
The traffic police shall report the summary punishment decision to the traffic management department of the public security organ for the record within two days.