What Is an Accident Book?

The traffic accident certification refers to the technical conclusions made by the public security traffic management department after investigating the traffic accident site investigation, technical analysis, and relevant inspection and appraisal conclusions to find out the basic facts, causes, and parties' responsibilities of the traffic accident. The conclusion does not have Constraint and execution. According to the provisions of the "Road Traffic Safety Law of the People's Republic of China", the traffic accident confirmation is a kind of evidence. As evidence, the parties may question the authenticity, reliability, and scientificity of the traffic accident confirmation, and the court should review its validity and probativeness in accordance with the rules of evidence. If there is other evidence to prove its error, the court should not rely on the evidence , And should be based on the facts found in the trial.

Traffic accident certificate

The traffic accident certification refers to the technical conclusions made by the public security traffic management department after investigating the traffic accident site investigation, technical analysis, and relevant inspection and appraisal conclusions to find out the basic facts, causes, and parties' responsibilities of the traffic accident. The conclusion does not have Constraint and execution. according to"

Article 73 of the "Road Traffic Safety Law of the People's Republic of China" stipulates that the traffic management department of the public security organ shall, in accordance with the site investigation, inspection and investigation of the traffic accident, and the relevant inspection and appraisal conclusions, prepare a traffic accident certification in time to handle traffic Evidence of the accident. The traffic accident confirmation letter shall clearly state the basic facts, causes and responsibilities of the parties involved in the traffic accident and shall be served on the parties. As evidence for dealing with traffic accidents, in judicial practice, when dealing with road traffic accident cases, the traffic accident certification is an important evidence to determine the occurrence of the traffic accident, the cause of the accident, and the liability of the accident, and it has greatly affected The responsibility of the person responsible for the accident is the administrative responsibility, civil compensation liability and criminal liability. Therefore, the traffic accident certification is often the focus of disputes between the parties.

The Road Traffic Accident Responsibility Confirmation Form is the documentary material formed when the public security traffic management department conducts qualitative and quantitative judgments on the causal relationship between the traffic violations and the consequences of traffic accidents in accordance with traffic regulations. It is a technical instrument with legal effect, the purpose of which is to clarify the liability of accidents, to make correct and appropriate punishments to the perpetrators in accordance with traffic regulations and other regulations, and also to be the basis for mediation by public security organs for compensation for damages to traffic accidents; traffic accidents The confirmation is whether the people's procuratorate

Articles 2 and 3 of the "Procedures for Handling Road Traffic Accidents" stipulate that a traffic accident confirmation letter can only be made by specific personnel of the traffic management department of the public security organ. That is, a traffic policeman who has more than 2 years of work experience in road traffic management, has passed the training and examination of the traffic management department of the public security organ of the provincial people's government, and has obtained a traffic accident handling qualification certificate.

In accordance with Articles 2 and 45 of the "Procedures for Handling Road Traffic Accidents," the traffic management department of public security organs should handle the principles of fairness, openness, convenience, and efficiency when handling road traffic accidents. The identification of road traffic accidents shall be made with legal procedures, clear facts, sufficient evidence, correct application of laws, and fair division of responsibilities. ^[1]

According to the "Procedures for Handling Road Traffic Accidents" ^[1]

According to Article 46 of the "Procedures for Handling Road Traffic Accidents," the traffic management department of a public security organ shall determine the parties' responsibilities based on the actions of the parties and the severity of their faults. ^[1]

" ^[2]

As a kind of evidence for dealing with traffic accidents, a traffic accident certification should have the basic characteristics of the evidence, that is, objectivity, relevance, and legality. Therefore, reviewing and judging the traffic accident certification is an inevitable requirement for the use of evidence. ^[3]

The road traffic accident liability certification is a production document with a certain format, which is mainly composed of the first part, the content of the certification, and the last part.

XX Brigade, Traffic Police Division, Public Security Bureau of XX City

Road traffic accident certificate

X Bus Identification (2010) No. 311

Traffic accident time: 7:35 on September 10, 2010 Xu weather: sunny

Traffic accident location: Zhongzhuang Road, Zhaozhuang Village Exit

Basic situation of the parties:

Zhang X, male, 37 years old, ID number: *******, a native of Fengtai District, Beijing, holding an A2 driver's license to drive a Beijing H ***** car. Owner: Zhang X, Address: Beijing *******.

Li X, male, 52 years old, ID number: *******, a native of XX City, Hebei Province, riding a two-wheeled electric bicycle from Hebei Province.

Basic facts of traffic accidents:

Zhang X drove the Beijing H ***** car to the north of Zhaozhuang Village along the Zhonghua Road; later, Li X rode the two-wheeled electric bicycle A ****** in Hebei Province and went south along the Zhonghua Road. Northern

Subject of Traffic Accident Certificate Application

(1) Parties to the accident

(2) The legal representative of the parties. When the parties to the accident are persons without or with limited capacity for civil conduct, their legal agents may apply in the name of the parties and indicate the legal relationship between the legal agents and the parties. Among them, legal representatives include parents, adult children, siblings, and guardians with no or limited capacity for civil conduct. At the same time, when it is necessary to pay attention, if the party involved in the accident has died when applying for re-identification, the legal representative may apply in his own name.

(3) Entrusted agent of the party or legal agent

Deadline for application of traffic accident certificate

The party concerned may, within fifteen days after receiving the written confirmation of responsibility for a traffic accident, submit an application for re-identification to the public security organ at the next higher level.

Application materials for traffic accident certification

Application for reassessment of traffic accident responsibility, copy of "Traffic Accident Recognition Certificate", copy of ID of the party, legal agent, client, power of attorney, etc.

Time limit for making a traffic accident certificate

The public security organ at the next higher level shall, within 30 days after receiving the application for re-identification, make a decision to maintain, change or revoke it, and send it to the parties to the accident and the original responsibility determination department. After the Book, the re-identification shall be announced to the parties or agents within 5 days. The decision to re-establish liability for road traffic accidents is final.