Original title: What to do if the license plate is "cloned"

Legal Daily reporter Zhang Chen

"When people sit at home, the pot comes from the sky" - for the owner of a fake license plate, this sentence is very vivid. In life, it is not uncommon to forge, alter and misappropriate vehicle license plates. I didn't go anywhere, but I received the message "the car has been put into storage", and even popped up the electronic police record. How to crack the fake license plate? The traffic police and the judge come to help.

Seizing vehicles with fake license plates

"The fake license plate vehicle, also called 'clone vehicle', refers to the situation that the license plate and certificates of other vehicles are illegally forged, altered and used instead of going through the formalities for obtaining the license plate in the traffic control department according to the normal legal procedures. The fake license plate is a fake license plate. According to whether the owner of the license plate agrees, it can be divided into voluntary and involuntary fake license plates." Niu Ben, assistant judge of the Administrative Tribunal of the Daxing District People's Court of Beijing, said.

License plates have been "cloned", and even models have been "cloned". Recently, the traffic police of Zhangzhou City, Fujian Province, successfully seized many illegal acts involving fake license vehicles through scientific police deployment, tracking driving tracks and other ways, and promptly eliminated potential traffic safety hazards.

The Iron Cavalry Brigade of the Traffic Police Detachment of Nanchang Public Security Bureau in Jiangxi Province successfully cracked an illegal act of licensed cars through information intelligence analysis. At 12:00 on May 10, the Iron Cavalry Brigade received information from the Bureau that two heavy semitrailers with different license plates towed trailers with the same license plate in the Honggutan area and the Qingshan Lake area, and there were many illegal acts of running red lights and bans. Through analysis, the two trailers are similar in appearance and have a history of license plate replacement recently. The same driver has a driving record on both vehicles, which is suspected of fake license plates.

The cavalry brigade arranged two groups of personnel to go to Qingshanhu District and Honggutan District respectively, and the two groups of personnel cooperated to control the two heavy semi trailers. Through on-site inspection and comparison, the heavy semi-trailer parked in a factory in Qingshan Lake is inconsistent with the vehicle registration information. The police asked the driver Huang Mou on the spot, and Huang Mou admitted his illegal facts. The police temporarily detained two heavy semi trailers according to law and handed the case over to the business department for further processing.

"There are many reasons for the practice of fake license plates, such as evading the payment of various taxes and road maintenance fees. Because there are no legal procedures and insurance for fake license plates, once a traffic accident occurs, the driver is very easy to escape, which greatly increases the difficulty of case detection. The fake license cars may also become the crime tools for criminal activities. In some cases of theft, robbery and other crimes, the crime tools are mostly fake license cars. " Niu Ben explained.

Wang Xu, a police officer from the traffic police brigade of Suzhou Branch of Suzhou Public Security Bureau in Jiangsu Province, combined with the actual introduction, said that the counterfeiting and misappropriation of motor vehicle license plates include the following situations: first, the use of counterfeit and altered motor vehicle license plates, such as illegally produced false motor vehicle license plates; The license plate of a motor vehicle obtained by illegal means from a unit with the qualification for making and producing motor vehicle license plates; The vehicle license plate obtained from the vehicle management by cheating, bribery and other improper means; Altering the vehicle license plate is to stick numbers and symbols on the vehicle or change the original Chinese characters, numbers and letters of the license plate by pasting, daubing, splicing, etc; Use valid license plates obtained by other motor vehicles according to law.

Timely collection of evidence

"The fake license plate is a serious traffic violation and one of the major traffic safety hazards. It will not only seriously disrupt the traffic order, but also harm the interests of others and the public," Niu Ben said.

"This kind of behavior infringes on the legitimate rights and interests of the owner of the fake license plate. The owner is often involved in illegal or even traffic accidents due to the fake license plate. It seriously disturbs the normal road traffic order. The owner of the fake license plate does not use the legal license plate, and he thinks he does not need to bear the responsibility for illegal driving, and often drives illegally. Moreover, most of the vehicles with the fake license plate do not carry out safety technical inspection according to the regulations, resulting in prominent safety hazards." Wang Xu said.

How to crack the "cloned" license plate? Niu Ben suggested: "We should collect all the evidence that is beneficial to us, including photos of the appearance of the vehicle, various parking tickets, high-speed toll tickets, our own tachograph and even the monitoring video of the parking lot and the community. After collecting the above evidence, the owner should take his own ID card and the original vehicle driving license as soon as possible and drive the vehicle to the nearest traffic detachment and brigade law enforcement station. The staff of the law enforcement station should confirm on the spot whether the illegal behavior of the vehicle is caused by the fake license vehicle. If it is confirmed that it is a fake license car, the staff will file the case according to the handling process of the fake license car and make further treatment. "

At the same time, the police remind the owner not to hand over the relevant vehicle materials to the informal agency to avoid the disclosure of vehicle related information in the process of selecting a maintenance enterprise and handling vehicle registration. When you buy a second-hand car, you should carefully observe it. The regular car license plate uses one-time molding manufacturing technology, which gives you a strong overall feeling. When touching the license plate, pay attention to the touch. If the corner edge is not smooth enough and has polishing marks, pay attention to whether it is suspected of being misbranded.

If the vehicle has been detained and the party concerned provides the corresponding legal certificate or completes the corresponding formalities according to the relevant provisions of the Road Traffic Safety Law, the traffic management department of the public security organ shall return the vehicle in a timely manner after verification.

"The time for verification by the traffic management department of the public security organ shall not exceed 10 days; if it is necessary to extend the time, it may be extended to 15 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 calculated from the date when the vehicle driver or the owner or manager provides the legal origin certificate of the detained vehicle, completes the corresponding procedures, or accepts the handling. However, if the vehicle needs to be detained due to the collection of evidence in the event of a road traffic accident, the time for detaining the vehicle shall be in accordance with the relevant provisions of the Regulations on Road Traffic Accident Handling Procedures. The above time calculation refers to working days, excluding holidays. " Niu Ben said.

Investigate legal responsibility

The reporter of the Legal Daily noted that many places have deployed to carry out a special campaign to focus on combating the illegal crimes of fake cards and fake certificates. Forgery, alteration or use of forged or altered motor vehicle registration certificates, plates, driving permits, inspection conformity marks and insurance marks are expressly prohibited.

According to the relevant provisions of the Road Traffic Safety Law, anyone who forges, alters or uses a forged or altered license plate of a motor vehicle shall be confiscated by the traffic management department of the public security organ, detained, detained for not more than 15 days, and fined 5000 yuan (12 points); If the license plate of another vehicle is used, the traffic control department of the public security organ shall confiscate it, detain the vehicle, and impose a fine of 5000 yuan, 12 points shall be recorded.

Recently, when the traffic police in Longwen District, Zhangzhou City were patrolling the area, they found the driving track of a car suspected of having fake license plates. The police immediately intercepted the "clone car" and its owner at the Pukou intersection of Kowloon Avenue. Upon verification, the license plate and driving license of the vehicle are forged. The police imposed a fine of 2000 yuan, 12 points and 15 days of administrative detention on Yang according to law.

"It should also be noted that if the forged number plate of a police car is used, it may also constitute the crime of illegally producing or buying or selling police equipment. According to the Criminal Law, anyone who illegally produces or buys or sells people's police uniforms, vehicle number plates and other special signs and police equipment, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph. " Niu Ben said.

In addition, according to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases, damage caused by a traffic accident involving a fake licensed motor vehicle is the responsibility of one of the motor vehicles. If the party concerned requests that the owner or manager of the fake licensed motor vehicle bear the liability for compensation, the people's court should support it; If the owner or manager of the motor vehicle whose license plate has been altered agrees to do so, they shall bear joint and several liabilities with the owner or manager of the motor vehicle whose license plate has been altered.

Traffic police in many places have reminded that the vehicle number plate is the "ID card" of the vehicle, and drivers must not be fluky, and should not drive vehicles with fake license plates to avoid law enforcement. If the use of false cards and certificates is found, it is necessary to report to the police in time, so that the violator has no place to hide.