Fine! The photo shows you were "too slow"
Mr. Wang told the reporter that last week he received a message from the Nantong Coastal Expressway Traffic Police Team, informing him that on May 16th at noon this year, the speed of his vehicle was 95 kilometers per hour, while the minimum speed limit for the road he was on was 100 kilometers per hour. Therefore, according to the provisions of the Implementation Regulations of the Road Traffic Safety Law, the law enforcement department would impose a penalty on him. After receiving the message, Mr. Wang went to the violation processing point of the Coastal Expressway Team located at the Dingyan exit in Rugao, Nantong, on Tuesday this week. The staff there showed him the photo taken when he was exposed. According to the information shown on the photo, Mr. Wang's speed at that time was 95 kilometers per hour, which was below the minimum requirement of 100 kilometers per hour for that lane.
The reporter saw the exposure photo where Mr. Wang was identified as violating the rules. The photo showed that the incident occurred on May 16, 2010, and was captured by Radar No. 1 at kilometer 371 of the downstream line of the Coastal Expressway. According to the information displayed above the photo, vehicles traveling slower than 100 kilometers per hour or faster than 120 kilometers per hour should be exposed. The photo indicated that the speed of the car at that time was 95 kilometers per hour. Therefore, the vehicle was considered "excessively slow" and penalized accordingly.
Depressed! Slowing down was to avoid traffic accidents
Facing the information shown in the photo, Mr. Wang immediately raised doubts and requested the traffic police department to show him the information ahead of his vehicle. After recalling, he remembered that when he passed the exposure point, the vehicles in front were slowing down, so he also eased off the accelerator. He believed that his purpose was to avoid the occurrence of traffic accidents.
Regarding Mr. Wang's request to see the vehicles ahead, the on-site staff said that due to limited technical means, they could only provide one photo. At the same time, this staff member emphasized that according to the "regulations," if there is a sudden braking situation ahead on the expressway, the correct reaction for the driver of the following vehicle should be to change lanes. Therefore, the staff of the team insisted that Mr. Wang had to accept the fine and deduction of points.
Yesterday afternoon, the reporter called the Nantong Coastal Expressway Traffic Police Team. A staff member told the reporter over the phone that their penalty was based on evidence. Judging from the exposure photo, Mr. Wang's speed was indeed "too slow," so it was justified to penalize him. Currently, with the technical means available, they do not have dynamic surveillance video showing the status of the vehicle ahead of Mr. Wang. He emphasized that, to his knowledge, all provincial highways judge speeding and low-speed driving in this way, and their approach complies with regulations. The reporter carefully observed this photo. Since the exposure photo only captured the front part of Mr. Wang's car, it was difficult to determine what exactly happened ahead of him just from this photo alone, which is why Mr. Wang felt aggrieved.
■ Lawyer's Doubt:
Only collecting evidence favorable to the penalty?
"Just collecting evidence favorable to the penalty and ignoring the reasons for the violation clearly shows bias." Cao Yihuai, a lawyer from Jiangsu Tianzhiquan Law Firm, pointed out that according to the provisions of the Administrative Punishment Law and the Administrative Litigation Law, the illegal facts of Mr. Wang should be evidenced by the law enforcement department. From the current evidence collection situation, the law enforcement department only collected the instant of the violation but did not collect the reason for the violation. In this regard, it is not comprehensive enough.
Cao Yihuai also pointed out that unlike speeding, there are many reasons for low-speed driving, such as accidents ahead or heavy traffic congestion. For excessively low-speed driving, relevant law enforcement departments should study the methods of exposure. It cannot simply use a close-up photo to determine that the owner's "low-speed driving" affects safety.
■ Netizens Support:
Make sure those who are fined understand clearly why they are being fined
Mr. Wang posted his experience online seeking help. "Requiring a vehicle traveling at 100 kilometers per hour to suddenly change lanes in response to unexpected situations is really unimaginable." Netizen qioo strongly supported Mr. Wang, "If a fine is to be imposed, it should ensure that the person being fined understands clearly why they are being fined!" Another netizen frankly stated that the purpose of exposing illegal acts by car owners should be to stop illegal behavior. If faced with doubts, no strong evidence can be provided, and only blind obedience and penalties are demanded, it obviously does not help the car owner truly learn a lesson. Song Nanfei