The judge believed that although the letter from the National Highway Police Bureau stated that the police were authorized to make the determination, it did not mean that it was not a violation of the regulations, and the number of empty chicken coops carried by Zhang Nan was so large that it was difficult for the police to visually identify it. v.

Schematic diagram of transporting chickens, which has nothing to do with this case.

(file photo)

[Reporter Peng Jianli/Miaoli Report] A man surnamed Zhang drove a large truck to carry empty chicken coops. He was not weighed while driving on a national highway. He was issued a bill by the police and fined 90,000 yuan. He once enforced the law on weighing the weight, and the letter stated that the police could decide not to report it according to the circumstances of the case, and filed an administrative lawsuit if they were dissatisfied.

However, the judge believed that although the letter from the National Highway Police Bureau stated that the police were authorized to make a determination, it did not mean that it was not a violation of the regulations. Moreover, the number of empty chicken cages carried by Zhang Nan was so large that it was difficult for the police to visually identify it. Man's complaint.

At 11:10 a.m. on August 3 last year, Mr. Zhang drove a large business truck to transport empty chicken coops. He passed National Highway No. 1, 218 kilometers south, at Yuanlin Nanpound in Changhua. He failed to enter Yuanlin Nanpound. According to the Road Traffic Management Punishment Regulations, "cars loaded with goods on a road section within 5 kilometers of a place with a weighbridge and failed to weigh the scales according to the signs" were billed and reported. Zhang Nan was fined 90,000 yuan and scored 2 violation points.

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Mr. Zhang believed that what he was carrying was an empty chicken coop and would not be overweight, so there was no need to weigh it. He also proposed that the National Highway Police Department’s letter No. 10909045801 dated June 10, 2019 stated that “…Regulations on Road Traffic Management Penalties Item 4 of Article 29-2 is aimed at preventing serious overloaders from passively resisting the weighing, or even refusing to stop for inspection, etc., endangering driving safety. Attachments, etc., which are obviously impossible to be overloaded by intuitive cognition, if passing through the weighbridge station and not entering the scale, the police may determine not to report it according to the circumstances of the case", and the statement was revoked.

However, the judge believed that although the letter from the National Highway Police Bureau stated that the police were authorized to make the determination, it did not mean that it was not a violation of the regulations, and Zhang Nan carried a large number of empty chicken coops, and it was difficult for the police to visually determine whether they were overweight.

And in accordance with Article 29-2, Item 4 of the Road Traffic Regulations, in order to ban overloaded vehicles to curb violations, and to regulate vehicles loaded with goods within 5 kilometers of places with weighbridges, all have the obligation to weigh according to the signs, not just limited Overloaded vehicles are obliged to weigh the weight.

According to the judge's investigation, Mr. Zhang has been driving a large truck for about 17 or 18 years. He knew that when the large truck passed the premises within 5 kilometers of the weighbridge station, he should follow the signs and signs to indicate the weighing regulations. It can be seen that the line of sight was good that day, and the relevant signs instructing heavy-duty trucks to be weighed were clearly visible. Zhang Nan’s own negligence subjectively mistakenly believed that there was no need to weigh the truck if it was not overloaded.