Who gets the demerit points if a mortgaged car without transfer commits a traffic violation?
3 Answers
If a mortgaged car commits a traffic violation, the demerit points should be deducted from the driver, who is the user of the vehicle. This is because the penalty for traffic violations is aimed at the driver's failure to comply with traffic rules, not the vehicle itself. Below is relevant information about driver's license demerit points: Clearance time: The clearance time for demerit points is the issuance date on the driver's license, and the system automatically clears the points on that date each year. Scoring cycle: The cumulative scoring cycle for road traffic safety violations is 12 months, with a maximum of 12 points, calculated from the date the driver's license was first issued, and so on in a continuous cycle. Automatic clearance in the next cycle: If the demerit points recorded in a scoring cycle do not reach 12, the system will automatically clear the points from the previous cycle (after fines are paid) at the start of the next scoring cycle.
Last time my cousin was caught speeding while driving a mortgaged car. As the actual driver, the points were deducted from his license. Although the car hadn't been transferred and was still registered under the original owner's name in the traffic management system, the traffic police deal with whoever is in the driver's seat. However, it can be annoying for the original owner to receive ticket notifications. I suggest always signing a written agreement when buying a car to stipulate responsibility for violations. Also, if the camera doesn't capture the driver, the original owner might have to handle the ticket first and then come after you, which is particularly troublesome. If you've bought a mortgaged car, you should drive even more carefully and consider installing a dash cam to prove your innocence.
I've dealt with similar situations before. Legally, the driver is responsible regardless of whose name the car is registered under. However, there's a practical issue during enforcement: when traffic cameras capture the license plate but can't clearly identify the driver, the ticket gets sent to the registered owner. The original owner must then present the mortgage agreement to the traffic police to transfer the penalty points to the actual driver. Therefore, when buying a mortgaged vehicle, you should do two things: first, go to a notary office to notarize the vehicle usage rights, and second, keep detailed records of each use. If you do get a traffic violation, bringing these documents when dealing with it can save you a lot of trouble.
