What is the difference between the seizure and detention of a driver's license?
1 Answers
Here are the differences between the seizure and detention of a driver's license: 1. Difference: The detention of a motor vehicle driver's license refers to an administrative compulsory measure taken by traffic police during the execution of their duties. The temporary seizure of a motor vehicle driver's license refers to a penalty method by which the traffic management department of the public security authority lawfully suspends the motor vehicle driving qualification of a road traffic law violator for a certain period. 2. Detention of a motor vehicle driver's license: The main purpose of this administrative compulsory measure is to ascertain the facts of the road traffic violation committed by the party involved, in order to make a correct penalty decision. For example, traffic police may detain the motor vehicle driver's license of a road traffic law violator in cases such as driving under the influence of alcohol or drunk driving; driving a vehicle that is assembled or has reached the scrapping standard; or accumulating 12 points in a single scoring cycle, where it is deemed necessary to impose a penalty of temporary seizure or revocation of the motor vehicle driver's license. Before detaining the driver's license, the traffic police should verbally inform the party involved of the basic facts of the violation, the basis for the intended compulsory measure, and the rights the party is entitled to by law. After preparing the "Administrative Compulsory Measures Certificate" and delivering it to the party on the spot, the driver's license is lawfully detained. The detention period of the violator's driver's license lasts until the day the public security authority lawfully imposes an administrative penalty. 3. Temporary seizure of a motor vehicle driver's license: When imposing the penalty of temporary seizure of a motor vehicle driver's license on a driver, the driver's license should be transferred to the vehicle management office at the place of issuance within 15 days after the penalty decision is made. The driver's license should be returned according to the prescribed procedures after the temporary seizure period expires. This is equivalent to the suspension of the motor vehicle driver's license in the original "Road Traffic Management Regulations" and the original "Road Traffic Accident Handling Measures". After the public security authority implements the administrative compulsory measure of detaining the motor vehicle driver's license, it should investigate the illegal facts within the statutory time limit. If it is decided to impose the penalty of temporary seizure of the motor vehicle driver's license on the party involved, the decision should be made by the traffic management department of the public security authority at or above the county level.