One day, Qin from Qijiang District, Chongqing, drove a sedan and arrived at a T-shaped intersection. There was no no no no go sign at the intersection, so Qin followed his usual driving habits and turned right onto a small road. After turning right and driving for 30 meters, Qin suddenly noticed a "no entry" traffic sign on the left side of the road and a "no entry" traffic sign on the ground. Based on the captured footage from the camera, the Qijiang Traffic Police Detachment has determined that Qin committed an illegal act of driving a motor vehicle in the opposite direction, violating the provisions of the Road Traffic Safety Law. They have decided to impose a fine of 200 yuan and a penalty of 3 points on him. There is no sign prohibiting right turns at the turning point, but a sign prohibiting driving suddenly appears after turning right. In this situation, Qin was fined and felt dissatisfied. So, Qin filed an administrative reconsideration with the Qijiang District Public Security Bureau regarding the administrative penalty. The Qijiang District Public Security Bureau believes that regarding the setting of urban road traffic signs and markings, relevant departments have issued national standards, and the setting of traffic signs involved in the case did not violate the standards. Qin did indeed enter the prohibited area. The Qijiang District Public Security Bureau has made an administrative reconsideration decision to uphold the aforementioned penalty decision. Qin still disagrees and filed an administrative lawsuit with the court, requesting the revocation of the aforementioned administrative penalty decision and administrative reconsideration decision. After trial, the court found that the setting of the prohibition signs involved in the case did indeed comply with relevant national regulations. However, in addition to complying with regulations, the setting of traffic signs and markings should also consider the rationality of the design. There are no warning signs such as "No Right Turn" at the T-shaped intersection. According to traffic rules and the driving experience of ordinary people, it is allowed to turn right here. Since you can turn right, the road after turning right should be passable. In this case, the traffic management department did not set up corresponding warning signs in appropriate locations, which made it easy for motor vehicle drivers to enter prohibited roads, resulting in illegal activities. In addition, according to publicly available information, within less than 2 years, the road section involved in the case had captured a total of 5814 similar illegal situations using capture devices. Such frequent violations are enough to indicate that the setting of traffic signs and markings is unreasonable. Therefore, the court ruled that Qin's lawsuit request to revoke the penalty decision and administrative reconsideration decision involved in the case was established. The judge introduced that when administrative agencies make administrative actions, in addition to complying with the clear provisions of laws and regulations, they must also follow the principle of administrative rationality and exercise their discretion prudently. In cases like this, if the parties involved engage in "justifiable" illegal behavior, the relevant departments should avoid imposing a penalty. Setting up traffic signs is an important component of traffic management, which should follow the principle of rationality and fully consider the convenience of observation for vehicle drivers and pedestrians in specific scenarios, in order to truly play the role of traffic signs in guiding the passage of vehicles and pedestrians. It is worth mentioning that after the judgment of this case came into effect, the court sent judicial suggestions to relevant departments in accordance with the law, and the relevant departments also actively optimized the traffic sign settings on the road section. (New Society)
Edit:Wang Xinran Responsible editor:Wang Minhui
Source:People's Daily
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