Modern people have a strong attachment to travel, especially the long journey by motorcycle, you can enjoy the feeling of flying on the road. But, go out outside, always have some luggage, compare with car, the storage space of motorcycle is really very little, even if it is a hatchback car has certain storage space, let alone a hatchback. On a long motorcycle trip, if you don't add the last three boxes, there is simply no room for items.
So, a lot of moyo long distance moyo, will be in their motorcycle backseat next to the loading of boxes and tailings, very convenient, can carry more articles for daily use. But some moyo in the travel, but encountered traffic police to illegal refit on the ground, after the three boxes of moyo to be punished, that in the end add three boxes are not illegal refit?
First of all, let's look at the definition of illegal modification in the law: According to the Provisions on Motor Vehicle Registration, it is illegal modification to change the motor vehicle brand, model and engine model, and change the appearance and relevant technical data of the registered motor vehicle without applying for registration.
Therefore, traffic police often take out the driving license for comparison, because the photo of the driving license is the direct manifestation of what they believe to be "unauthorized alteration of the appearance of a motor vehicle". And in every case and the car driving license photo is not the same, according to the provisions are "illegal"!
But a motor vehicle is not a modification as long as it does not change the data item of the registration certificate.
First of all, the three boxes of motorcycle did not change the motor vehicle brand, model, engine model, but seems to change the appearance of the motor vehicle, traffic police generally according to this article to punish the owner. At this point, if the owner does not understand the law, generally only to be fined, but let's look at another law.
According to Article 53 of the Regulations on the Implementation of the Road Traffic Safety Law of the People's Republic of China, the height of a motorcycle shall not exceed 1.5 meters from the ground, and the length shall not exceed 0.2 meters. The load width of two motorcycles shall not exceed 0.15 meters above the handlebars. The load width of three-wheeled motorcycle shall not exceed the body. That is to say, the motorcycle equipped with 3 cases of basic belong to traffic rules within the permitted scope of cargo, and three box has function of quick release, after the motorcycle is not fixed after sealed, if the police question, is the most down, so, according to the law, after three boxes can be mounted to the content, for better carrying supplies.
If the traffic police insist on punishment, the owner can clearly tell the traffic police: the last three boxes are not fixed and non-detachable illegal modification! Only used to carry removable cargo and baggage, in accordance with the law. If the traffic police insist on punishment, the car owner can apply for administrative reconsideration or bring an administrative lawsuit to the court to protect his legitimate rights and interests.
Now our motorcycle is in a difficult situation, not only the exhaust can not be changed, mirror can not be changed, even the mobile phone stand and trunk can not be loaded...
Attachment: Relevant provisions on illegal modification of motor vehicles
1. Article 10 of The Provisions on Motor Vehicle Registration, if a registered motor vehicle needs to change its use nature, body color, body or frame, etc., the owner of the motor vehicle shall apply to the vehicle administration office at the place where it is registered for change registration.
Article 16, Paragraph 1 of the Road Traffic Safety Law of the People's Republic of China stipulates that no unit or individual may assemble a motor vehicle or alter without authorization the registered structure, construction or characteristics of the motor vehicle. Any modification of a motor vehicle chassis, engine, suspension, transmission system, steering system, tire hub, lamp, body color spraying and appearance structure without the permission of the public security traffic administrative department, or any inconsistency between the technical data of the motor vehicle and the data announced by the competent department of motor vehicle products under the State Council, shall be deemed as modification.
(Announcement data include: vehicle steering form, body size, fuel type, number of leaf springs, wheelbase, number of tires, tire specifications, total mass, approved load mass, environmental protection compliance, displacement/power, number of shafts and vehicle appearance photos)