Traditional Culture Encyclopedia - Travel guide - Is the travel company responsible for causing traffic accidents when vehicles without operating qualifications operate?
Is the travel company responsible for causing traffic accidents when vehicles without operating qualifications operate?
According to the relevant laws and regulations of our country, if the travel agency fails to fulfill the obligations stipulated in the travel contract, the tourism authorities shall order it to make corrections, impose a fine of more than 30,000 yuan and less than 300,000 yuan, order it to suspend business for rectification, and if it causes losses to tourists, it shall be liable for compensation.
The car accident shall be handled according to the accident responsibility determination; Without a license, according to the unlicensed operation. The two do not interfere with each other and do not conflict.
Illegal operation refers to the operation behavior without obtaining the right to operate according to law. That is, it has not obtained the operation certificate issued by the relevant competent department and operated beyond the approved scope. The first illegal operation will also be punished according to regulations.
Vehicles without operating qualifications participating in passenger transport must violate the relevant regulations of the transportation management department.
Punish your unlicensed operation in accordance with the relevant provisions of the Regulations on Road Transportation Management.
For a car accident, the result is determined according to the responsibilities of both parties.
There is no direct causal relationship between the determination of responsibility and your unlicensed operation. The traffic police will make corresponding accident responsibility determination in the fault and negligence of the accident. Of course, if there are other traffic violations, they will be punished at the same time.
In short, this matter involves the management of two different administrative departments; The transportation administration department is the administrative department that manages road transportation, and they are managed by the local transportation bureau; The traffic police department manages the safe driving of vehicles according to the relevant provisions of the Road Safety Law.
Legal basis:
Article 9 of the Regulations of the People's Republic of China on Road Transportation shall meet the following conditions:
(a) to obtain the corresponding motor vehicle driver's license;
(two) the age is not more than 60 years old;
(3) No record of major or above traffic accidents within 3 years;
(four) the competent department of transportation of the municipal people's government with districts has passed the examination of relevant passenger laws and regulations, motor vehicle maintenance and basic knowledge of passenger first aid.
"Tourism Law of the People's Republic of China" Article 100 If a travel agency violates the provisions of this law and commits any of the following acts, it shall be ordered by the competent tourism department to make corrections, and be fined between 30,000 yuan and 300,000 yuan, and ordered to suspend business for rectification; If tourists are stranded and other serious consequences are caused, the travel agency business license shall be revoked; The directly responsible person in charge and other directly responsible personnel shall be fined between 2,000 yuan and 20,000 yuan, and the tour guide card shall be suspended or revoked:
(a) changing the travel itinerary without authorization during the travel itinerary, which seriously damages the rights and interests of tourists;
(2) Refusing to perform the contract;
(three) without the written consent of the tourists, entrust other travel agencies to perform the package tour contract.
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