Buying the annual ticket is refused to examine annually Company's boss of the freight transportation indicts the detachment of traffic police of the city

Buying the annual ticket is refused to examine annually Company's boss of the freight transportation indicts the detachment of traffic police of the city
Buying the annual ticket is refused to examine annually Company's boss of the freight transportation indicts the detachment of traffic police of the city
The judgement of court of Dongcheng of the first court in Dongguan does not think traffic police's department should regard it as whether buy the annual ticket and examine the prerequisite annually. (network picture) Not allowing the car to examine annually without paying the bridge annual ticket fee of the way, this nearly becomes the traffic police's open method more. This method meets the increasingly many challenge nowadays, Jiang MingLiang (assumed name) in Dongguan It is one of the challengers. MingLiang Jiang manage one the intersection of freight transportation and Company, its have more than 20 trucks, had not paid the bridge annual ticket fee of the way for 78 years, all spend money examining annually through the intermediary before this, but meet hindering while examining annually in January of this year. Dissatisfied traffic police's department will examine Jiang MingLiang that ties to annual ticket annually, on the grounds of defaulting legal duty, lodge a complaint against detachment of traffic police of Dongguan. Adjudiacate in the first instance, make a few days ago, with lack of evidence, reject claims of MingLiang Jiang court, assert taking paying the bridge annual ticket fee of the way as precondition behavior have according to on law when traffic police department examine to vehicle annually in judgement. "Court's judgement is examined annually and should not be got in touch with the bridge annual ticket fee of the way, but traffic police's department is carrying out so yet. " Jiang MingLiang says, should go on challenging through to the end, had already lodged a appeal formally yesterday. The intersection of the south and the intersection of news and bright this year 41 year old Jiang, Changping manage one the intersection of freight transportation and Company in Dongguan, been engaged in transportation trade already for 7 years, there are more than 20 trucks at present in the company. Jiang MingLiang says, before the road maintainance costs are cancelled, he pays the bridge annual ticket fee of the way too, "tied definitely at that time, paid together. " Jiang MingLiang says, after the road maintainance costs were cancelled, he heard from people the bridge annual ticket fee of the way was illegal, begin to study the bridge annual ticket fee system of the way. "Too many places of annual ticket fee of bridge on the road are unreasonable, some places to charge repeatedly too. " Jiang MingLiang says, after consulting a large number of materials, determines not to pay such unreasonable charge. After determining so, Jiang MingLiang has met a difficult problem - --Do not pay the bridge annual ticket fee car of the way difficult to pass to examine annually. "I let the friend with the relation help to settle, 300 yuan sometimes for a car every year, 800 yuan, costs 3000 yuan at most sometimes. " Jiang MingLiang says, held acquaintance's relation like this and though has not paid the bridge annual ticket fee of the way, his car has been passed and examined annually. Last September, the government of Dongguan began to recover the annual fee of bridge on the way, examined annually and tightened up immediately, Jiang MingLiang's acquaintance's relation is ineffective. Last October, Jiang MingLiang successively received 22 copies of bridge annual ticket fee of ways from highway bridge tollbooth of market of Dongguan to press for payment of the notice, claim more than 20 trucks of its company have not paid the fees for nearly 10 years, it is more than 300,000 yuan that debt, belated payment are added and fined altogether. "The logistics cost of now is so high, fine more than 300,000, how is business returned to do? " Jiang MingLiang is a bit angry. MingLiang Jiang pay fund these never, will it be January 10 this year, after truck of him examine qualified, it get Dongguan examine annually city vehicle administration office,result but until if you can't pay by way bridge annual ticket fee, refuse. Jiang MingLiang is discontended with this, then lodge a complaint against detachment of traffic police of Dongguan. Is it rational April 22 to debate fiercely and examine annually tying to annual ticket, this case opens a court session in the first court court of Dongcheng of Dongguan. Jiang MingLiang and attorney say, forced the insurance policy in offering the vehicle registration certificate and the other person's responsibility of motor vehicle in court, motor vehicle safe practice examine organization, should examine, any unit can't add other condition, otherwise deprive the second paragraph of article 35 of " management rule of turn pike of the People's Republic of China " and entrust the car owner " Refuse right " . The staff members of detachment of traffic police of Dongguan respond and claim in the court, it examine tie to annual fee of bridge on the way annually according to " the the intersection of Dongguan and the intersection of city and the intersection of motor vehicle and the intersection of Luis and bridge toll annual ticket system implementing method " (hereafter referred to as " implementing method ") Article 10 " the intersection of traffic police and department should assist, charge organization do whom annual ticket pay well, check up the work, at the time of the procedure of examining annually etc. of going through the motor vehicle, should verify paying the situation of fee of annual ticket, to the one that has not paid fee of annual ticket, should tell it pays arrears in time " . The staff members of detachment of traffic police of Dongguan say, " implementing method " was made by the municipal government of Dongguan, "the functional department that the traffic police is the government, carry out the decision of the municipal government. If the plaintiff has objections, can put forward administrative litigation. " The intersection of attorney and lawyer Yang of MingLiang Jiang think the " the implementing method " just consulting file in administrative litigation, can't be regarded as and asserted the illegal basis. Lawyer Yang still shows, the regulation of " implementing method " has violated the management rule of turn pike and " management rule implementing regulation of highway of the People's Republic of China ". Court: Should not regard annual ticket as and examine the prerequisite annually for May 24 this year, this case adjudiacates in the first instance that makes, result let Jiang bright to like also worried. The court thinks, " forced the insurance policy in offering the vehicle registration certificate and the other person's responsibility of motor vehicle according to article 13 of " safety law of the road traffic of the People's Republic of China ", motor vehicle safe practice examine organization, should examine, any unit can't add other condition. To according with national security technical standard of motor vehicle, the vehicle supervision department of public security organ should issue and examine the mark of conformity " Regulation,there are in mark of conformity for duties legal of defendant on tests to authorize vehicle. As to " implementing method " that the government of Dongguan makes, the ones that think this method only required traffic police's department to assist to charge the organization did the annual ticket well and paid in the court check up the work, perform duty of telling to the car owner not paying the fee of annual ticket, does not regard it as the precondition that the vehicle examines annually to pay the fee of annual ticket. When go to the vehicle administration office of Dongguan to apply to examine annually, it is cards that Jiang MingLiang has shot the video materials. The court thinks, the making time that the video materials reveal is January 28 of 2009, Jiang MingLiang can not offer other evidences to prove the making time of the video materials was January 10, 2011, and the vehicle involved in the case has been already examined annually through 2009, so the detachment of traffic police of Dongguan did not exist and examine to this vehicle on January 28 of 2009 annually and apply for the non-performance. In view of the above, the first court in Dongguan rejects Jiang MingLiang's claims, does not think the detachment of traffic police in Dongguan have administrative non-performance. As to this, Jiang MingLiang shows helplessly, " the video materials are shot by taking the apparatus on the sly, unable to transfer time, I do not know either why the time to reveal finally is January 28 of 2009. " In court's trial of this case, Jiang MingLiang has also accused the bridge annual ticket fee of the way illegally. As to this, court think MingLiang Jiang maintain Dongguan the intersection of city and the intersection of motor vehicle and the intersection of way and the intersection of bridge and collection genus of toll break the law, in not examining the range in this case, disregard. The victim of a crime: Traffic police's department is still getting in touch to such a the judgement result, Jiang MingLiang feels like as well as worried. "Court's judgement is examined annually and should not be got in touch with the bridge annual ticket fee of the way, but traffic police's department is carrying out as usual yet. " Jiang MingLiang says, at time when this case is tried, it is to refuse that he has gone to the vehicle administration office of Dongguan to examine the result annually again. On May 20, Jiang MingLiang received the row of the Department of Communications of municipal Dongguan The written decision for punishment of policy, require him to pay way bridge annual ticket fee and belated payment,etc., otherwise apply for the court to enforce. Yesterday afternoon? 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