Twenty-second 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-third to take the provisions of Article 22 (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 they enjoy according to law.

Right;

(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, they can be implemented by the traffic police, and the administrative compulsory measures certificate shall be reported to the traffic management department of the public security organ for the record within 24 hours.

Article 24 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-fifth 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.

Article 26 After detaining a vehicle, the traffic police shall hand over the detained vehicle to the traffic management department of the public security organ within 24 hours.

If the traffic administrative department of the public security organ detains a vehicle, it shall not detain the goods carried in the vehicle. The parties concerned shall be notified to dispose of the goods carried in the vehicle by themselves. If the parties are unable to dispose of it by themselves or do not dispose of it by themselves, they shall register and keep it. With the approval of the person in charge of the traffic management department of the public security organ at or above the county level, items that are perishable, damaged, lost or do not have storage conditions may be sold or auctioned after taking photos or videos, and the proceeds from sale and auction shall be handled in accordance with relevant regulations.

Twenty-seventh of the highway passenger vehicles exceed the approved passenger quality, freight vehicles exceed the approved load quality, the traffic management department of the public security organ shall eliminate the illegal state in accordance with the following provisions:

(1) If the violator can eliminate the illegal state by himself, he shall transfer the overloaded passengers and unload the overloaded goods by himself under the supervision of the traffic administrative department of the public security organ;

(2) If the violator cannot eliminate the illegal state by himself, the traffic administrative department of the public security organ shall promptly notify the relevant departments to contact and transfer the overloaded passengers; Overloaded goods shall be unloaded at the designated place, and offenders shall sign a custody contract with the custodian at the designated place.

The expenses for eliminating the illegal state shall be borne by the violator. After the illegal state is eliminated, the detained motor vehicle shall be returned immediately.

Twenty-eighth of the detained vehicles, the parties to accept the treatment or provide, re submit the relevant documents or procedures, the traffic management department of the public security organ shall timely return according to law.

The time for verification by the traffic administrative department of the public security organ shall not exceed ten days; If an extension is needed, it may be extended to fifteen days with the approval of the person in charge of the traffic management department of the public security organ at or above the county level. The verification time shall be counted from the date when the driver, owner or manager of the vehicle provides the legal source certificate of the detained vehicle, completes the corresponding procedures or accepts the treatment.

In the event of a road traffic accident, it is necessary to detain the vehicle to collect evidence, and the time for detaining the vehicle shall be implemented in accordance with the relevant provisions of the Provisions on Procedures for Handling Road Traffic Accidents.

Twenty-ninth in any of the following circumstances, the motor vehicle driver's license shall be detained according to law:

(a) driving a motor vehicle after drinking;

(two) the motor vehicle is driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or withheld;

(three) the speed of motor vehicles exceeds fifty percent;

(four) driving a motor vehicle suspected of being assembled or reaching the scrapping standard on the road;

(five) in a scoring cycle, the cumulative score reached twelve points.

Thirtieth traffic police shall, within 24 hours after detaining the motor vehicle driver's license, hand over the detained motor vehicle driver's license to the traffic management department of the public security organ.

Under any of the circumstances listed in Items (1), (2), (3) and (4) of Article 29 of these Provisions, the motor vehicle driver's license shall be detained until the date of making the punishment decision; If a motor vehicle driver's license is detained before the penalty decision takes effect, the detention period shall be reduced by one day. If a fine is imposed only on the violator, the motor vehicle driver's license shall be returned immediately after the fine is paid. In the case of Item (5) of Article 29 of the present Provisions, the motor vehicle driving license shall be detained until the date of passing the examination.

Article 31 If the driver is not at the scene or refuses to leave immediately, which hinders the passage of other vehicles and pedestrians and violates the regulations on parking and temporary parking of motor vehicles, the traffic administrative department of the public security organ and its traffic police may tow the motor vehicle to a place that does not hinder traffic or a place designated by the traffic administrative department of the public security organ.

If the motor vehicle is towed away, the on-site traffic police shall fix the illegal facts and evidence by taking photos and videos.

Article 32 The traffic administrative department of the public security organ shall disclose the telephone number of motor vehicle towing inquiry, and inform the parties by setting up special signs for motor vehicle towing or other means. The parties can inquire about the location, duration and parking place of the towed motor vehicle by telephone.

Thirty-third motor vehicle drivers should be tested for alcohol, psychotropic drugs and narcotic drugs controlled by the state under any of the following circumstances:

(1) Objecting to the results of alcohol content detected by methods such as alcohol breath test;

(two) suspected of drinking and drunk driving;

(3) Driving a vehicle after being suspected of taking psychotropic drugs and narcotic drugs under state control;

(4) refusing to cooperate with alcohol breath test and other detection methods.

If the drunken behavior is out of control or refuses to cooperate with the inspection, police equipment can be tied with a binding belt or warning rope.

Article 34 To detect the contents of alcohol, psychotropic drugs and narcotic drugs under state control in drivers, the following procedures shall be followed:

(1) The traffic police take the client to a medical institution to take blood or urine samples;

(2) The traffic administrative department of the public security organ shall promptly send the blood or urine samples to a qualified institution for inspection, and inform the parties in writing of the inspection results.

If the contents of alcohol, psychotropic drugs and state-controlled narcotic drugs in the driver's body are detected, the family members shall be notified unless they cannot be notified.

Article 35 The traffic administrative department of the public security organ shall forcibly dismantle bicycles and tricycles that are illegally equipped with sirens, sign lamps or power devices, confiscate them and punish them according to law.

If the traffic police collect illegal devices on the spot, they shall hand over the collected items to the traffic management department of the public security organ within 24 hours.

Confiscated articles shall be destroyed according to law after being approved by the traffic administrative department of the public security organ at or above the county level, except those kept as evidence.

Article 36 With the approval of the traffic administrative department of the public security organ at or above the county level, the traffic administrative department of the public security organ may confiscate the detained motor vehicle that has been assembled or has reached the scrapping standard and force it to be scrapped.

Article 37 Whoever forges, alters or uses forged or altered motor vehicle registration certificates, number plates, driving licenses, inspection marks, insurance marks and driving licenses shall be confiscated and destroyed after being punished according to law.

Other vehicles' motor vehicle registration certificates, license plates, driving licenses, inspection marks and insurance marks shall be confiscated and handed over to the vehicle management office where the motor vehicle is registered after being punished according to law.

Article 38 Where trees and other plants are planted on both sides of the road and the isolation belt, or billboards, pipelines are set up to block street lamps, traffic lights and traffic signs, which hinders the safe sight distance, the traffic administrative department of the public security organ shall serve the notice of removal of obstruction on the violator, informing him of the time limit for performance and the consequences of non-performance. Violators who refuse to perform within the prescribed time limit shall be punished according to law and the obstacles shall be forcibly removed.

Thirty-ninth compulsory removal of obstacles, the traffic administrative department of the public security organ and its traffic police can be implemented on the spot. If it cannot be implemented on the spot, it shall be implemented in accordance with the following procedures:

(a) with the approval of the person in charge of the traffic management department of the public security organ at or above the county level, it may entrust or organize an uninterested unit to forcibly remove the obstruction;

(two) the implementation of compulsory removal of obstacles, the traffic management department of the public security organ shall send personnel to the scene to supervise.

Chapter V Administrative Punishment

Section 1 Decision on Administrative Punishment

Article 40 If the traffic police think that the illegal acts found on the spot are minor and have not affected road traffic and safety, they shall verbally inform the basic facts and basis of the illegal acts, give a verbal warning to the violator, and release them after correcting the illegal acts.

The traffic administrative departments of public security organs of all provinces, autonomous regions and municipalities directly under the Central Government may determine the specific scope and implementation measures for applying verbal warnings according to actual conditions.

Article 41 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.

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-second 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.

Forty-third summary punishment decision shall specify the basic information of the punished person, vehicle brand, vehicle type, illegal facts, punishment basis, punishment content, performance method, time limit, name of the punishment organ and the administrative reconsideration and administrative litigation rights enjoyed by the punished person according to law.

Forty-fourth issued a notice of handling illegal acts shall be implemented in accordance with the following procedures:

(a) orally inform the violator of the basic facts of the illegal act;

(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) to make a notice of handling illegal acts, and notify the parties to accept the handling within fifteen days;

(four) the notice of handling illegal acts shall be signed by the violator, signed or sealed by the traffic police, and stamped with the seal of the traffic management department of the public security organ; If the party refuses to sign, the traffic police shall indicate it on the notice of handling the illegal act;

(five) the notice of handling illegal acts shall be delivered to the parties on the spot; If the party refuses to accept it, the traffic police shall indicate it on the Notice of Handling Illegal Acts, and it shall be deemed to have been served.

The traffic police shall, within twenty-four hours, report the Notice of Handling Illegal Acts to the traffic management department of the public security organ for the record.

Forty-fifth illegal behavior handling notice shall specify the basic information of the parties, vehicle brand, vehicle type, illegal facts, specific handling place and time limit, and the name of the notification organ.

Article 46 The general procedure shall apply to the decision on punishment, which shall be implemented by two or more traffic policemen according to the following procedures:

(a) to investigate the illegal facts, ask the parties about the basic situation of illegal acts, and make a record; If the parties refuse to accept the inquiry, sign or seal, the traffic police shall indicate it on the inquiry record;

(2) Informing the parties of the facts, reasons and basis for the administrative punishment to be imposed in written form or written record, and informing them of their rights according to law;

(three) review the statements and arguments of the parties, and indicate the results of the review in the record;

(4) Making a written decision on administrative punishment;

(5) The written decision on administrative punishment shall be signed by the punished person 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;

(6) The written decision on administrative punishment shall be delivered to the punished person on the spot; If the person who is punished refuses to accept it, the traffic police shall indicate it in the penalty decision, which shall be deemed to have been served; If the punished person is not present, it shall be served in accordance with the relevant provisions of the public security organ for handling administrative cases.

Article 47 The written decision on administrative punishment shall specify the basic information of the punished person, vehicle brand, vehicle type, illegal facts and evidence, punishment basis, punishment content, performance method, time limit, name of the punishment organ and the administrative reconsideration and administrative litigation rights enjoyed by the punished person according to law.

Forty-eighth if a person has two or more illegal acts, he can make a decision separately and jointly, and make a decision on administrative punishment.

If a person has only one illegal act and should be punished by more than two kinds of punishment according to law and involves two punishment subjects, he shall make a decision on administrative punishment separately.

Forty-ninth illegal facts are clear, in accordance with the general procedures need to be fined, it should be within 24 hours from the date of the offender to accept the punishment decision; If a motor vehicle driver's license is temporarily withheld, a decision on punishment shall be made within three days from the date when the driver accepts the treatment; If the motor vehicle driver's license is revoked, the punishment decision shall be made within seven days from the date when the offender accepts the punishment or the hearing procedure ends. If a traffic accident constitutes a crime, the people's court shall make a decision on punishment in time after the judgment.

Fiftieth illegal acts recorded by traffic technical monitoring equipment, the parties shall promptly go to the traffic administrative department of the public security organ for handling, and impose a warning or a fine of not more than 200 yuan, and summary procedures may be applied; Impose a fine of more than 200 yuan (excluding) or revoke the motor vehicle driver's license, and the general procedure shall apply.

Section 2 Implementation of Administrative Punishment

Article 51 If the traffic police collect fines from pedestrians, passengers and non-motor vehicle drivers on the spot, the traffic police shall indicate it in the summary punishment decision, which shall be signed by the punished person for confirmation. If the punished person refuses to sign, the traffic police shall indicate it in the penalty decision.

If the traffic police collect fines on the spot according to law, they shall issue receipts for fines uniformly issued by the financial departments of provinces, autonomous regions and municipalities directly under the Central Government; If a receipt for the fine uniformly issued by the financial departments of provinces, autonomous regions and municipalities directly under the Central Government is not issued, the parties concerned have the right to refuse to pay the fine.

Article 52 If a party fails to perform the decision on administrative punishment within the time limit, the traffic administrative department of the public security organ that made the decision on administrative punishment may take the following measures:

(1) If the fine is not paid at the due date, a late payment fee of 3% of the fine amount shall be added on a daily basis, and the total amount of the fine shall not exceed the fine amount;

(two) apply to the people's court for compulsory execution.

Article 53 If the traffic administrative department of the public security organ punishes the driver of a motor vehicle who is not in the jurisdiction, it shall hand over the motor vehicle driver's license to the traffic administrative department of the public security organ at the place where the license is issued within 15 days from the date of making the punishment decision.

If the violator applies not to hand over the withheld motor vehicle driver's license to the traffic administrative department of the public security organ at the place where the license is issued, it shall be allowed and indicated in the decision on administrative punishment.

Article 54 If the violator decides to impose administrative detention or a fine, the traffic administrative department of the public security organ shall inform the violator that he can entrust others to pay the fine.