Standard Reflection And Practical Response Of The Definition Of Over-Standard Electric Vehicles As Motor Vehicles

Over standard electric vehicle accidents occur frequently.Whether it should be recognized as a motor vehicle in the law has been the focus of social concern.The current laws and administrative regulations have not been clear about this."Electric bicycle technical safety specification" limits the maximum speed of electric vehicle and the quality of the whole vehicle,but it has a lower level of effectiveness.Moreover it is contradictory with the contents stipulated in article 58 of the “Road Traffic Safety Law”,which poses a dilemma for the judiciary organs in the handling of over standard electric vehicles cases.The unclear legal status of over standard electric vehicle not only increases the difficulty of law enforcement,but also seriously damages the judicial authority.It is advisable to adopt the following solutions to the legal problems.First of all,in traffic accident,the over standard electric vehicle should not assume responsibility of compulsory liability insurance of vehicle traffic accident without fault.That’s because the applicable object of compulsory liability insurance of vehicle traffic accident is motor vehicle,and the identity that over standard electric vehicle belongs to motor vehicle or non-motor vehicle is unknown.It is lack of legal basis for the over standard electric vehicle to assume compensation liability of compulsory liability insurance of vehicle traffic accident.It should also be taken into account that the administration does not provide services to purchase the compulsory liability insurance of vehicle traffic accident for electric vehicles,and that the vehicle owner cannot actually insure against compulsory vehicle insurance.Secondly,the electric vehicle user without motor vehicle driving license can not be identified as "driving without license".Due to the lack of supervision of the over standard electric vehicle before the accident,the relevant departments did not carry out effective supervision in the production and sales links.After the accident,it is obviously unfair to identify the illegal situation of driving a motor vehicle without a license when driving a over standard electric vehicle without a license.At last,it is not appropriate to identify the drunk driving of over standard electric vehicle as the crime of dangerous driving.The precondition of the crime of dangerous driving is the motor vehicle.From the current legal norms,there is no clear law to define the over standard electric vehicle as the motor vehicle.The management of over standard electric vehicle of the traffic police department is basically in accordance with the management mode of non-motor vehicles,so it is not realistic for over standard electric vehicle to be included in motor vehicles.Moreover,the public generally believe that the over standard electric vehicle is not a motor vehicle,and it is difficult to identify the perpetrator’s subjective intention of dangerous driving deliberately.In the long run,it is notconducive to the harmony and stability of the society to identify the over standard electric vehicle as a "motor vehicle".