It was hard to shake the index of car purchase. Because the car was lost, Mr. Jiang was told to apply for a shake again. The reporter learned from the Fengtai Court yesterday that Mr. Jiang believed that there was no legal basis for the provision and sued the City Traffic Commission for providing unconditional passenger car configuration indicators. It is reported that this is also the first time that the Municipal Communications Commission has been sued for administrative violation of the Yaohao policy.
Owner: Losing the car is also losing the index is unreasonable
Mr. Jiang claimed that on July 26, 2011, he obtained a Beijing minibus configuration indicator with a Yaohao. After the car had a license plate, the passenger car was stolen. He applied for the Beijing Passenger Car Index Regulatory and Management Office under the Municipal Communications Commission to apply for the allocation of indicators. However, the Index Office stated that it is only necessary to rejoin the Yaohao to obtain the allocation indicator. Mr. Jiang believes that the practice of the municipal traffic commission has no legal basis, so it appeals to the court and asks the court to confirm that the municipal traffic commission refused to provide the passenger bus with the illegal behavior of the passenger vehicle. It also ordered the city’s traffic commission to provide a minibus configuration indicator for him unconditionally. . The Fengtai Court has accepted the case and has not yet issued relevant materials to the Municipal Communications Commission.
The reporter noted that Mr. Jiang’s experience was not a single case. Since the implementation of the Yaohao policy, after the vehicle was stolen, there were many cases in which the owner had to re-join the Yaohao, but Mr. Jiang was the first owner to sue.
Traffic Commission: To do things transparent and fair according to regulations
This rule that Mr. Jiang considered to be illegal was introduced in 2011. From November 1st of that year, the personal status of the Beijing-brand minibus was changed and the application for the shake number began to be accepted. Individuals who were stolen from the Beijing-brand minibus could The relevant documents, such as the identification documents issued by the public security organ, the registration certificate issued by the public security organ, the vehicle registration certificate, etc., shall be submitted to the municipal public traffic vehicle management department for the application for changing the status of the robbery of the passenger car. After the information review of the vehicle management department, it will be The information status of the stolen minivans was changed to stolen, and the applicant was issued with “Information on Stolen Robbing of Small Passenger Carsâ€. When the vehicle management department has changed the minibus registered as being stolen, it is not counted as a passenger bus registered under the name of the individual in this city. The original owner may apply for a Yaohao.
Yesterday, the reporter called the city traffic commission, the staff of the office said that at present there has been no notice from the court. After the vehicle is robbed, it is necessary to participate in the Yaohao, which is also a strict enforcement of the relevant regulations by the traffic commission, and there are no violations. "All are open regulations. We must ensure that Yaohao is transparent and fair."
Lawyer's point of view: Disregarding cars and discarding them, transferring them equally
"Vehicle loss is an objective situation, not the intention of the owner." Ju Xiaoping, a lawyer of Beijing Yingke Law Firm, believes that after the vehicle is robbed, the owner's requirement to participate in the Yaohao has its irrationality. He should be able to refer to the vehicle for scrapping and transfer. Afterwards, the owner can automatically obtain the specification of an indicator. After the vehicle is lost, the owner should also obtain a new indicator. As long as the owners report properly and finish the formalities, there is no need to worry about the possibility of owners reporting false cases. “Owners are doing this more harm than good, and under normal circumstances, the loss of the vehicle will also receive insurance claims. If the owner falsely reports, the fraud insurance will also be held criminally liable. ."
Ju Xiaoping stated that Mr. Jiang’s success is unlikely, but it does not rule out the issue as a cause for concern and can change in the future when the policy is revised. There was an unreasonable problem with how vehicles were transferred in divorce and inheritance cases, and they were later revised and improved. There are precedents.
Owner: Losing the car is also losing the index is unreasonable
Mr. Jiang claimed that on July 26, 2011, he obtained a Beijing minibus configuration indicator with a Yaohao. After the car had a license plate, the passenger car was stolen. He applied for the Beijing Passenger Car Index Regulatory and Management Office under the Municipal Communications Commission to apply for the allocation of indicators. However, the Index Office stated that it is only necessary to rejoin the Yaohao to obtain the allocation indicator. Mr. Jiang believes that the practice of the municipal traffic commission has no legal basis, so it appeals to the court and asks the court to confirm that the municipal traffic commission refused to provide the passenger bus with the illegal behavior of the passenger vehicle. It also ordered the city’s traffic commission to provide a minibus configuration indicator for him unconditionally. . The Fengtai Court has accepted the case and has not yet issued relevant materials to the Municipal Communications Commission.
The reporter noted that Mr. Jiang’s experience was not a single case. Since the implementation of the Yaohao policy, after the vehicle was stolen, there were many cases in which the owner had to re-join the Yaohao, but Mr. Jiang was the first owner to sue.
Traffic Commission: To do things transparent and fair according to regulations
This rule that Mr. Jiang considered to be illegal was introduced in 2011. From November 1st of that year, the personal status of the Beijing-brand minibus was changed and the application for the shake number began to be accepted. Individuals who were stolen from the Beijing-brand minibus could The relevant documents, such as the identification documents issued by the public security organ, the registration certificate issued by the public security organ, the vehicle registration certificate, etc., shall be submitted to the municipal public traffic vehicle management department for the application for changing the status of the robbery of the passenger car. After the information review of the vehicle management department, it will be The information status of the stolen minivans was changed to stolen, and the applicant was issued with “Information on Stolen Robbing of Small Passenger Carsâ€. When the vehicle management department has changed the minibus registered as being stolen, it is not counted as a passenger bus registered under the name of the individual in this city. The original owner may apply for a Yaohao.
Yesterday, the reporter called the city traffic commission, the staff of the office said that at present there has been no notice from the court. After the vehicle is robbed, it is necessary to participate in the Yaohao, which is also a strict enforcement of the relevant regulations by the traffic commission, and there are no violations. "All are open regulations. We must ensure that Yaohao is transparent and fair."
Lawyer's point of view: Disregarding cars and discarding them, transferring them equally
"Vehicle loss is an objective situation, not the intention of the owner." Ju Xiaoping, a lawyer of Beijing Yingke Law Firm, believes that after the vehicle is robbed, the owner's requirement to participate in the Yaohao has its irrationality. He should be able to refer to the vehicle for scrapping and transfer. Afterwards, the owner can automatically obtain the specification of an indicator. After the vehicle is lost, the owner should also obtain a new indicator. As long as the owners report properly and finish the formalities, there is no need to worry about the possibility of owners reporting false cases. “Owners are doing this more harm than good, and under normal circumstances, the loss of the vehicle will also receive insurance claims. If the owner falsely reports, the fraud insurance will also be held criminally liable. ."
Ju Xiaoping stated that Mr. Jiang’s success is unlikely, but it does not rule out the issue as a cause for concern and can change in the future when the policy is revised. There was an unreasonable problem with how vehicles were transferred in divorce and inheritance cases, and they were later revised and improved. There are precedents.
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