In recent days, a news about the suicide of the executee caused by transportation law enforcement related to Beidou equipment has become the focus of public opinion, and Beidou equipment has become the target of public criticism for a time.
Let's understand the reason for the incident:
On the evening of April 6, Tangshan Fengrun issued an official notice that at noon on April 5, a truck driver suddenly took pesticides during the routine inspection of jiangjiaying joint overload control station in Fengrun district. After the incident, the staff of the overload control station dialed the alarm telephone and 120 emergency telephone. After multiple rescue, the driver died at 23:00 on the same day. After the incident, the Fengrun district Party committee and the district government quickly formed a joint investigation team composed of the political and Legal Commission, the Commission for Discipline Inspection and Supervision Commission and the public security bureau to carry out a comprehensive investigation in accordance with the law and regulations, and the results were announced to the public in a timely manner. At present, relevant work is in progress.
In addition, Jin Deqiang's brother, Mr. Jin, revealed through the self media that when his brother drove to pull goods through the over limit inspection station in Fengrun District, the vehicle did not exceed the weight, but the satellite positioning system was detected to be disconnected, and he was sentenced to detain the vehicle and fine 2000 yuan. Jin Deqiang couldn't accept the fine, so he bought a bottle of "herbicide" nearby and drank it. 17 minutes later, he was sent to the hospital for treatment. That night, Jin Deqiang died due to ineffective rescue.
It can be seen that the direct reason for being punished is the disconnection of Beidou equipment system, but is Beidou equipment a beast?
IWhy install Beidou Positioning Equipment
1、Legal requirements
In 2014, the Ministry of transport, the Ministry of public security and the former State Administration of work safety issued the measures for the dynamic supervision and administration of road transport vehicles (known as order 5 in the industry). In 2016, the three ministries and commissions issued the revised Measures for the dynamic supervision and administration of road transport vehicles (known as order 55 in the industry), It is required that all passenger vehicles, dangerous goods transport vehicles, semi-trailer tractors and heavy cargo vehicles (ordinary cargo vehicles with a total mass of 12 tons and above) used for highway operation must be equipped with and use satellite positioning devices with driving record function. The law enforcement punishment regulations related to the Fengrun incident are as follows:
Article 37 If, in violation of the provisions of these measures, a road transport operator uses a transport vehicle whose satellite positioning device fails and cannot remain online to engage in business activities, the road transport administrative agency at or above the county level shall order it to make corrections. Those who refuse to make corrections shall be fined 800 yuan.
Article 38 Whoever violates the provisions of these measures under any of the following circumstances,The road transport administration at or above the county level shall order it to make corrections, and impose a fine of not less than 2000 yuan but not more than 5000 yuan:
（1） Destroying the satellite positioning device and maliciously jamming or shielding the signal of the satellite positioning device;
（2） Forging, tampering with or deleting vehicle dynamic monitoring data.
At the end of October 2020, the official website of the Ministry of transport issued the road transport regulations (Revised Draft for comments) to solicit public comments. In the exposure draft, article 123 intends to stipulate that passenger vehicles, dangerous goods transport vehicles, semi-trailer tractors and cargo vehicles with a total mass of more than 12000kg shall be equipped with satellite positioning devices and intelligent video monitoring devices with driving recording function in accordance with relevant regulations, and connected to a monitoring platform that meets the standards. Article 170 the proposed provisions,If the vehicle is not equipped with satellite positioning device and intelligent video monitoring device, is not connected to the monitoring platform that meets the standards, and cannot be used normally, the comprehensive administrative law enforcement department of transportation shall impose a fine of 1000 ~ 10000。
In March 2021, the official website of the Ministry of Public Security issued the road traffic safety law (revised proposal), Article 13 of which is intended to provide that,Operating passenger cars, school buses, heavy trucks, semitrailers and dangerous goods transport vehicles shall install and use satellite positioning devices with driving record function and devices with driving behavior monitoring function in accordance with relevant state regulations。
Article 123 those who, in violation of the provisions of Article 13 of this law, operate passenger cars, school buses, heavy trucks, semi-trailer tractors and dangerous goods transport vehicles, fail to install and use devices with driving record function and satellite positioning function, devices with monitoring driving behavior, or public transport enterprises, road transport enterprises If the school bus operation unit fails to build and use the dynamic monitoring platform as required, the transportation department shall punish it according to law.
In other words, law enforcement has a legal basis. And the law is still being strengthened.
2. For safety production
So, what is the purpose of installing Beidou equipment? The most direct goal is to ensure transportation safety, reduce traffic accidents caused by speeding and fatigue driving, and protect people's lives and property;
Second, the combination of positioning track and video bayonet can be used to crack down on illegal operations, illegal loading and unloading of passengers and other illegal phenomena;
Third, it can be used in urban traffic management, such as the line driving of muck vehicles, the urban road restriction management of dangerous goods transport vehicles and heavy-duty freight vehicles, etc;
The first
4、 The positioning track data can be used for transparent logistics management to provide real-time monitoring data for shippers and shippers, including vehicle position, cargo temperature and other status information;
Fifth, the integration with the network freight platform can also be used to improve the production efficiency of the transportation industry and the safety production level of transportation enterprises;
Sixth, based on positioning data, illegal data, driving behavior and other data, it is used for vehicle insurance risk control to reduce the premium for drivers with good driving behavior;
Seventh, based on these data, drivers can be provided with data support for vehicle related financial risk assessment, and rental vehicles can be controlled based on positioning equipment.
IIproblem
1、equipment
Experts outside the road transportation information industry asked, is this equipment helpful to the driver?
Whether it is Beidou Positioning Equipment or intelligent video monitoring and alarm equipment, the starting point of product design, R & D and application is for safety supervision. Basically, the driver's feelings have not been considered, especially the intelligent video monitoring and alarm equipment. It can be said that as long as the vehicle is driving, the driver's every move is under video monitoring, There is no privacy, and for the driver, in addition to the possible early warning and reducing safety risks, it is of no other use to the driver himself.
In our reply to the questionnaire of the commercial vehicle networking industry this year, an operator said a fair word for the driver: as a driver, we want a gentle attitude, but many transportation enterprises and drivers reflect that they resist in the face of many electronic devices and various alarms, but drive with emotion and risk.
2019 "intelligent video monitoring and alarm equipment burns black plastic bags in more than ten seconds"eventIn fact, it is the vent of this emotion. Although the equipment itself will not cause any harm to the human body, and the technology has been optimized and iterated in the industry, this kind of situation will not happen again.However, the industry should still be vigilant to resist, resist and evade the supervision of intelligent equipment on the grounds of equipment damage to health and emotional deterioration,This phenomenon has not been eliminated now and will be difficult to eliminate in the future.
This requires our equipment industry to bring some personal convenience to drivers while meeting the supervision when designing products. As for what kind of convenience, our equipment enterprises should listen to the voice of drivers and understand their real needs.
twoPolicy and driver
As we all know, the promotion and popularization of Beidou Positioning Equipment is an administrative compulsory order, tied to the annual review of vehicles, and has relevant industry standards. However, under the one size fits all administrative order, Beidou Positioning Equipment is all the same, or even shoddy, and the price has fallen all the way from more than 2000 to more than 200.
As a result, even if our equipment enterprises produce intelligent devices that can give drivers a little sense of gain, no one will pay, because they only need to meet the supervision. If it is not one size fits all, the driver can choose products with richer functions or other relevant beneficiary institutions to customize and pay the bill. Perhaps the driver's resistance will be a little less. When the arm can't twist the thigh, you can still choose a more comfortable posture (monitoring product).
The current situation is that there are always drivers who do not want to be monitored all the way, so sometimes they choose to turn off the equipment to create the illusion that the vehicle is not transported and produced. Sneaky sports cars can be opened when they encounter inspection, but this road can be sealed by technical means, and the evidence can be obtained by combining the video bayonet.
In addition, because the annual review of operating vehicles is no longer bound to whether Beidou equipment is installed, many drivers choose not to pay the service fee, so the operating service provider will choose to close the equipment, so that the equipment cannot upload data to the supervision platform, so there is no so-called supervision. However, in case of law enforcement inspection, such cases will basically be judged as illegal by the driver.
The above two phenomena mainly occur in passenger and freight vehicles, especially the second, mainly trucks, because buses can not be operated in different places.
3. Law enforcement
First of all, from the perspective of the Fengrun incident, even if the driver has an illegal act of damaging the satellite positioning device, he can only be fined and can not detain the car, because whether it is the measures for the dynamic supervision and management of road transport vehicles or the guidance catalogue for comprehensive administrative law enforcement matters of transport (2020 Edition) issued by the Ministry of transport at the beginning of this year, There is no law enforcement option to detain cars;
Secondly, the law enforcement agency must first prove that the driver has the behavior of "destroying the satellite positioning device, malicious man-made interference and shielding the signal of the satellite positioning device", so as to impose a fine of 2000 ~ 5000 yuan; Thirdly, when the equipment is found not online, the first is to require the perpetrator to order rectification within a time limit. Only those who refuse to make rectification can be fined 800 yuan. The above should be a reasonable law enforcement process.
Obviously, the law enforcement station is suspected of abuse of power. As for whether the law enforcement station has law enforcement power, in fact, as long as it is a prefecture or city that has carried out comprehensive administrative law enforcement of transportation, the original overrun and overload inspection station will basically be endowed with comprehensive law enforcement function.
4. Platforms and operators
If the truck driver refuses to pay the platform service fee, the operation service provider will naturally choose to shut down the equipment and no longer upload data, but shall report it to the national road freight vehicle public supervision and service platform, which will record the information and share it with the provincial and municipal supervision platforms, and the local transportation New Deal law enforcement agencies will carry out targeted law enforcement, so as to force the truck driver to pay the service fee. Premise is,Relevant laws and regulations shall make it clear that such acts are characterized as malicious interference with the operation of the equipment.
Iov114 believes that if the freight driver pays normally, the obligatory party to keep the equipment online, in addition to the driver, has an operation service platform. When the platform detects that the equipment is abnormally disconnected, it should contact the driver. If the driver is closed, it should remind and warn him to turn on the equipment. If the equipment is faulty, it should be repaired and replaced as soon as possible, and relevant documents should be formed, As the basis for law enforcement inspection; At the same time, the regulations should also specify how long maintenance and replacement time should be given locally and abroad after equipment failure.
When the operation service platform fails to fulfill the obligation of reminding and warning, and fails to complete the equipment maintenance and replacement within the specified time to bring it back online, the operation service platform shall also bear corresponding legal responsibilities.
Last words
The commercial vehicle networking industry is now in a transition period from focusing on supervision to paying equal attention to supervision, service and data mining. How to improve the service value, explore the energy contained in data and empower transportation enterprises is the key work in the next stageHowever, we should not forget that drivers are also stakeholders in this industry. They are not simply regulated, but also producers. At the same time, they may also be consumers. Even if our service model can not empower drivers, we should also consider how to reduce their resistance.
The most important thing is to "put power in a cage". Relevant laws and regulations should be more clear, such as which acts are "destroying satellite positioning devices, malicious man-made interference and shielding satellite positioning device signals", which data can become the basis for law enforcement, and which situations can be exempted from punishment; For example, in principle, the cumulative driving time within 24 hours shall not exceed 8 hours, continuous driving during the day shall not exceed 4 hours, continuous driving at night shall not exceed 2 hours, and the rest time for each parking shall not be less than 20 minutes. Flexible law enforcement space shall be given. After all, the setting of service area cannot be so accurate.
Finally, like the road traffic safety law, the regulations on the dynamic supervision and administration of road transport vehicles should also make clear provisions on how to deal with law enforcement personnel who abuse their power and dereliction of duty.The industry should also be vigilant against extreme events caused by abuse of power and the negative impact on the whole road transportation informatization.
As the industry media, I very much hope that death will no longer promote the healthy development of the industry, but obviously, this hope is too weak.At the moment when the installation of intelligent video monitoring and alarm equipment for freight vehicles is about to be fully started, how to deal with the resistance of drivers to the equipment is a very important issue. If similar events in Fengrun District occur again, leading to the change of local policies, it will be a great blow to the whole industry.
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