In recent years, electric scooters have become increasingly popular. Its cool appearance, small size and lack of traffic jams have made it so popular with young people that some have even taken to the road as a means of commuting. However, according to China's relevant laws and regulations, electric scooters do not have the right of way, can not be driven on the road.
Shanghai railway transportation court recently heard an administrative lawsuit brought by an electric scooter on the road. In the first instance, the traffic police department decided to detain the scooter in accordance with the law and rejected the plaintiff's claim. This case is the first lawsuit related administrative case involving the predetainment of electric scooters in Shanghai according to the new law after the revision of Shanghai road traffic management regulations.
Shanghai traffic police previously said that electric scooters, balance vehicles, electric unicycles and other vehicles were not registered as vehicles according to regulations. Traffic police shall impose a fine of 100 yuan on those who are caught driving on the road for the first time with electric scooters, balance vehicles and electric unicycles according to the law that "other means of passage are not registered in accordance with regulations to drive on the road, and the circumstances are relatively minor".
For the second or above seizure of using electric scooters, balance vehicles, electric unicycles and other vehicles on the road, according to the "other means of passage did not register on the road in accordance with the provisions", the vehicle shall be detained and the illegal personnel shall be notified to the designated place for processing. Those who violate the law shall be fined 500 yuan.
One day, the accuser, Mr. Zhu, was driving on the road with an electric scooter. Soon after, he was stopped by the traffic police. The traffic police then detained the scooter and asked zhu to go to the traffic department for treatment within 15 days. According to zhu, electric scooters are recreational vehicles, and the law does not require registration, and the traffic police's pre-detention measures have no legal basis. He took the traffic police department to court.
Shanghai railway transportation court believes that after the Shanghai road traffic management regulations of subparagraph 1 of article 19, motor vehicles and in accordance with the relevant provisions of the city of non-motor vehicles shall be registered, and other traffic tools, shall be registered by the public security organ, the obtained vehicle plate, driving permit or driving license and other registration certificates rear can run on road; Bicycles, wheelchairs and other non-motor vehicles with disabled persons shall be registered voluntarily. According to the above regulations, in addition to the implementation of voluntary registration of bicycles and other non-motor vehicles, other means of passage on the road to be registered.
Mr. Zhu argues that electric scooters should be used as entertainment tools, so they should be used in permitted places such as entertainment places, but when he rides on the road, he should be regarded as a means of passage. Therefore, Mr. Zhu's driving an unregistered electric scooter on the road is illegal.
And the "regulations on the administration of road traffic in Shanghai" in the first paragraph (a) of the first paragraph of article eighty-one, found by the policemen in performing duties in violation of the provisions of paragraph 1 of article 19 of the act, without registration in accordance with the relevant provisions of a non-motor vehicle on road and other traffic tools, can advance or detained traffic tools, and notify the parties concerned in a timely manner to accept treatment.
If the defendant finds that the plaintiff violates the provisions of paragraph 1 of article 19 of the regulations of Shanghai municipality on road traffic administration, the provisions of paragraph 1 (1) of article 81 of the regulations of Shanghai municipality on road traffic administration shall apply, he shall inform the plaintiff on the spot to take the measures of detention in advance and inform the plaintiff to accept the treatment in a timely manner, which is in line with the provisions of the law.
Accordingly, Shanghai railway transportation court makes first instance judgment, reject zhu's lawsuit request.