In recent years, electric scooters have become increasingly popular. It is popular among young people because of its cool shape, small size and no traffic jam. Some people even use it as a commuting tool to ride on the road. However, according to the relevant laws and regulations of our country, the electric scooter has no right of way and cannot be driven on the road.
Recently, the Shanghai Railway Transportation Court heard an administrative case caused by the electric scooter on the road. In the first trial, the traffic police department first detained the electric scooter in accordance with the law, and rejected the plaintiff's claim. The case is the first administrative case involving the pre detention of electric scooters in accordance with the new law after the amendment of the regulations of Shanghai on the administration of road traffic.
Shanghai traffic police department has previously said that electric scooters, balance cars, electric wheelbarrows and other vehicles are not registered as required. The traffic police shall impose a fine of 100 yuan on the party concerned for the first time to find that the electric scooter, balance vehicle, electric wheelbarrow, etc. are used to drive on the road, in accordance with the principle that "other vehicles are not registered to drive on the road as required, and the circumstances are relatively minor"; for the second time or more to find that the electric scooter, balance vehicle, electric wheelbarrow, etc. are used to drive on the road, in accordance with the principle of "other vehicles are not registered to drive on the road. Register and drive on the road according to the regulations ", detain the vehicle in advance, and then inform the illegal personnel to the designated place for treatment. Those who violate the law shall be fined 500 yuan.
One day, Mr. Zhu, the plaintiff, was driving on the road on an electric scooter and was stopped by the traffic police before long. Later, the traffic police took the measure of detaining the electric scooter in advance and asked him to go to the traffic department for treatment within 15 days. According to Zhu, the electric scooter is an entertainment tool, which is not required to be registered by law, and there is no legal basis for the pre detention measures made by the traffic police. So he took the traffic police department to court.
After hearing the case, the Shanghai Railway Transportation Court held that according to the first paragraph of Article 19 of the regulations of Shanghai Municipality on the administration of road traffic, motor vehicles, non motor vehicles and other means of passage that should be registered in accordance with the relevant provisions of this Municipality should be registered by the public security organ, and can only be used on the road after obtaining registration certificates such as vehicle number plate, driving license or driving license; bicycles and disabled Non motor vehicles such as wheelchairs for disabled people shall be registered voluntarily. According to the above provisions, except for bicycles and other non motor vehicles that are registered voluntarily, all other vehicles that are used on the road shall be registered.
Zhu advocated that the electric scooter should be used in places such as entertainment places where it is allowed to be used, but when he rode on the road, he should be regarded as a means of passage. Therefore, Mr. Zhu's driving of unregistered electric scooters involved in the case on the road violates the above-mentioned legal provisions and is an illegal act. However, according to Item 1, paragraph 1, Article 81 of the regulations of Shanghai Municipality on the administration of road traffic, if the public security police performing their duties find that there is a violation of the provisions of paragraph 1, Article 19 of these regulations, and the non motor vehicles and other vehicles that are not registered in accordance with the regulations are driving on the road, they may detain the vehicles or vehicles in advance and notify the parties concerned to accept the treatment in a timely manner. The defendant found that the plaintiff violated the provisions of Article 19, paragraph 1 of the regulations on the administration of road traffic in Shanghai, and applied the provisions of Article 81, paragraph 1, paragraph 1, paragraph 1 of the regulations on the administration of road traffic in Shanghai. The defendant informed the plaintiff on the spot to take the pre detention measures, and informed the plaintiff to accept the treatment in time, which was in line with the law.
Accordingly, the Shanghai Railway Transportation Court made a first instance decision, rejecting Zhu's claim.