Beidou equipment is not a scourge. What should be kept in a cage is power!

In the past few days, the news that a person who was executed due to transportation law enforcement related to Beidou equipment committed suicide has become a hot topic of public opinion, and Beidou equipment has become the target of public criticism for a while.Let’s understand the whole story:On the evening of April 6, Tangshan Fengrun issued an official notice stating that at noon on April 5, during a routine inspection at the Jiangjiaying United Supermarket Control Station in Fengrun District, an incident involving a truck driver suddenly taking pesticides occurred. After the incident, staff at the Zhichao Station called the police and 120 emergency hotline. After multiple rescue efforts failed, the driver died at 23:00 that 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 Affairs Commission, the Discipline Inspection and Supervision Commission, and the Public Security Bureau to conduct a comprehensive investigation in accordance with laws and regulations, and the results were announced to the public in a timely manner. Currently, relevant work is in progress.In addition, Jin Deqiang’s brother, Mr. Jin, revealed through self-media that when his brother drove goods through the over-limit inspection station in Fengrun District, the vehicle was checked not to be overweight, but the satellite positioning system was detected to be offline, and the vehicle was impounded and fined 2,000 yuan. Jin Deqiang couldn't accept the fine, so he bought a bottle of "herbicide" nearby and drank it. He was sent to the hospital for treatment 17 minutes later. Jin Deqiang died that night due to ineffective rescue efforts.It can be seen that the direct reason for being punished is that the Beidou equipment system went offline, but is the Beidou equipment a scourge?

one,Why 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 Management of Road Transport Vehicles" (known in the industry as Order No. 5). In 2016, the three ministries and commissions issued the revised "Measures for the Dynamic Supervision and Management of Road Transport Vehicles" (known in the industry as Order No. 55), which requires that all "passenger vehicles, dangerous goods transport vehicles, semi-trailer tractors and heavy-duty trucks (ordinary freight vehicles with a total mass of 12 tons and above)" used for highway operations must install and use satellite positioning devices with driving recording functions. The law enforcement and penalty regulations related to the Fengrun incident are as follows:

Article 37 If a road transport operator violates the provisions of these Measures by using a transport vehicle whose satellite positioning device fails and cannot remain online to engage in business activities, the road transport management agency at or above the county level shall order it to make corrections. Those who refuse to make corrections will be fined 800 yuan.Article 38 Anyone who violates the provisions of these Measures and falls under any of the following circumstances shall:Road transport management agencies at or above the county level shall order corrections, impose a fine of not less than 2,000 yuan but not more than 5,000 yuan:(1) Destroying satellite positioning devices and maliciously interfering with or blocking satellite positioning device signals;(2) Forging, tampering with or deleting vehicle dynamic monitoring data.At the end of October 2020, the official website of the Ministry of Transport released the "Road Transport Regulations (Revised Draft for Comments)" to solicit opinions from the public. In the "Draft for Comments", Article 123 is intended to stipulate that passenger vehicles, dangerous goods transport vehicles, semi-trailer tractors and cargo vehicles with a total mass of more than 12,000 kilograms should be equipped with satellite positioning devices and intelligent video monitoring devices with driving recording functions in accordance with relevant regulations, and be connected to a monitoring platform that meets standards. Article 170 is proposed to stipulate thatVehicles that fail to be equipped with satellite positioning devices and intelligent video surveillance devices in accordance with regulations, are not connected to standard monitoring platforms, and cannot be used normally will be fined 1,000 to 10,000 by the transportation comprehensive administrative law enforcement department.。In March 2021, the official website of the Ministry of Public Security released the "Road Traffic Safety Law (Revised Proposal)", and Article 13 of it is intended to stipulate,Operating passenger vehicles, school buses, heavy-duty trucks, semi-trailer tractors, and dangerous goods transport vehicles must install and use satellite positioning devices with driving recording functions and devices with the function of monitoring driving behavior in accordance with relevant national regulations.。Article 123 is intended to stipulate that those who operate passenger vehicles, school buses, heavy-duty trucks, semi-trailer tractors, and dangerous goods transport vehicles in violation of the provisions of Article 13 of this Law and fail to install and use devices with driving recording functions and satellite positioning functions, or devices with the function of monitoring driving behavior, or if bus transportation companies, road transportation companies, and school bus operating units fail to build and use dynamic monitoring platforms in accordance with regulations, the transportation department shall punish them in accordance with the law.In other words, law enforcement has a legal basis. And the law is getting tougher.

2. For safe production

So, what is the purpose of installing Beidou equipment? The most direct goal is to ensure transportation safety, reduce traffic safety accidents caused by speeding and fatigue driving, and protect people's lives and property;

Second, combining positioning tracks with video checkpoints can be used to combat illegal operations, illegal loading and unloading of passengers, and other illegal phenomena;Third, it can be used for urban traffic management, such as the driving of garbage trucks according to routes, the management of urban road restrictions for dangerous goods transport vehicles and heavy-duty freight vehicles, etc.;No.Fourth, positioning trajectory data can be used for transparent logistics management, providing real-time monitoring data for cargo owners and shippers, including vehicle location, cargo temperature and other status information;Fifth, integrating with the online freight platform can also be used to improve the production efficiency of the transportation industry and improve the safety production level of transportation companies;Sixth, based on positioning data, illegal data, driving behavior and other data, it is used for car insurance risk control, and the premiums are reduced for drivers with good driving behavior;Seventh, based on these data, drivers can be provided with car-related financial risk assessment data support, and rental vehicles can be controlled based on positioning equipment.

two,question

1、equipment

Some experts outside the road transportation information industry asked, will this device be of any help to individual drivers?

Whether it is Beidou positioning equipment or intelligent video surveillance and alarm equipment, the starting point of product design, research and development, and application is for safety supervision, and the driver's feelings are basically not considered. Especially for intelligent video surveillance and alarm equipment, this is even more obvious. It can be said that as long as the vehicle is driving, the driver's every move is under video surveillance. There is no privacy at all, and for the driver, except for possible early warnings and reduction of safety risks, there is no other use for the driver himself.In our response to this year's commercial vehicle Internet of Vehicles industry survey, one operator said something fair for drivers: As a driver, you need a calm mind. However, many transportation companies and drivers reported that they were resistant to many electronic devices and various types of alarms, and instead drove with emotions, which was also risky.In 2019, "Intelligent video surveillance and alarm equipment burned through a black plastic bag in ten seconds"event, is actually the vent of this kind of emotion, although the device itself will not cause any harm to the human body, and the industry has subsequently optimized and iterated the technology, so that this kind of situation will not happen again.However, the industry should still be wary of resisting, resisting, and evading the supervision of intelligent equipment on the grounds that the equipment damages health and causes emotional deterioration.This phenomenon has not been eliminated now and will be difficult to eliminate in the future.This requires our equipment industry to, when designing products, while meeting regulatory requirements, be able to bring some personal convenience to drivers. As for what kind of convenience, our equipment companies should listen more to drivers and understand their real needs.

2.Policies and Drivers

As we all know, the promotion and popularization of Beidou positioning equipment is subject to administrative mandatory orders, which are tied to annual vehicle inspections and 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 dropped from more than 2,000 to more than 200.

This also means that even if our equipment companies produce intelligent equipment that can give drivers a little sense of gain, no one will pay the bill, because they only need to meet regulatory requirements. If it is not a one-size-fits-all approach, drivers can choose products with richer functions or other relevant beneficiary institutions to customize and pay for them, and perhaps drivers will be less resistant. When your arms cannot twist your thighs, you can still choose a position that makes you more comfortable (monitoring product).The current situation is that there are always drivers who do not want to be monitored throughout the entire process, so they sometimes choose to turn off the equipment to create the illusion that the vehicle is not being transported and produced, secretly turning the sports car on, and then turning it on when it is inspected. However, this road can be blocked through technical means, and evidence can be obtained by combining the video card.In addition, because the annual review of operating vehicles is no longer tied to whether Beidou equipment is installed, many drivers choose not to pay the service fee. If they do not pay the service fee, the operating service provider will choose to turn off the equipment, making it impossible for the equipment to upload data to the supervision platform. There is no so-called supervision. However, if there is a law enforcement inspection, such a situation will basically be judged as a violation of the driver's law.The above two phenomena mainly occur among passenger and freight vehicles, especially the second type, mainly trucks, because passenger vehicles basically cannot operate in different places.

3. Enforcement

First of all, judging from the Fengrun incident, even if the driver commits the illegal act of destroying the satellite positioning device, he can only be fined and cannot impound the vehicle, because neither the "Measures for the Dynamic Supervision and Management of Road Transport Vehicles" nor the "Guidance Catalog of Comprehensive Administrative Enforcement Matters of Transportation (2020 Edition)" issued by the Ministry of Transport earlier this year, there is no law enforcement option for vehicle impoundment for this illegal act;

Secondly, the law enforcement agency must first prove that the driver has "destroyed the satellite positioning device and maliciously interfered with and blocked the signal of the satellite positioning device" before it can impose a fine of 2,000 to 5,000 yuan; thirdly, when the inspection finds that the device is not online, it first requires the perpetrator to order rectification within a time limit. Only those who refuse to make corrections can be fined 800 yuan. The above should be a reasonable law enforcement process.It is clear that the law enforcement station is suspected of abusing its power. As for the question of whether the law enforcement station has law enforcement power, in fact, as long as it is a city that has carried out comprehensive administrative law enforcement for transportation, the original over-limit and overload inspection station will basically be given comprehensive law enforcement functions.

4. Platforms and operators

If the truck driver refuses to pay the platform service fee, the operating service provider will naturally choose to shut down the device and no longer upload data. However, it should be reported to the National Road Freight Vehicle Public Supervision and Service Platform, which will record the information and then share it with provincial and municipal supervision platforms. The local transportation New Deal law enforcement agencies will carry out targeted enforcement, thus forcing the truck driver to pay the service fee. The premise is thatRelevant regulations should make it clear that such behavior is defined as malicious interference with the operation of equipment.

IOV114 believes that if the freight driver pays normally, then the obligatory parties to keep the equipment online include the driver and the operation service platform. When the platform detects that the equipment is abnormally disconnected, it should contact the driver. If the driver is turned off, it should remind and warn him to turn on the equipment. If the equipment fails, it should be repaired and replaced as soon as possible, and relevant documentation should be formed as a basis for law enforcement inspections. At the same time, regulations should also clarify how long the local and overseas maintenance and replacement time will be given after equipment failure.

When the operation service platform fails to fulfill its reminder and warning obligations, and fails to complete equipment repair and replacement within the specified time and bring it back online, the operation service platform should also bear corresponding legal responsibilities.

The last words written

The commercial vehicle Internet of Vehicles industry is now in a development transition period from focusing on supervision to focusing on supervision, services, and data mining. How to improve service value, explore the energy contained in data, and empower transportation companies is the key task in the next stage., but we should not forget that drivers are also stakeholders in this industry. They are not simply regulated, but also producers, and may also be consumers. Even if our service model cannot 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 clearer, such as which behaviors are "destruction of satellite positioning devices, malicious human interference, and blocking of satellite positioning device signals", which data can be used as the basis for law enforcement, and which situations can be exempted from punishment; for example, in principle, the cumulative driving time within 24 hours should not exceed 8 hours, continuous driving during the day should not exceed 4 hours, continuous driving at night should not exceed 2 hours, and each stop and rest period should not be less than 20 minutes. Flexible law enforcement space should be given, after all, the service area setting cannot be so precise.Finally, like the Road Traffic Safety Law, the Regulations on the Dynamic Supervision and Management of Road Transport Vehicles should also clearly stipulate how to deal with law enforcement officials who abuse their power and neglect their duties.The industry should also be wary of extreme events caused by abuse of power and the negative impact it will have on the entire informatization of road transportation.As an industry media, we very much hope that death will no longer be used to promote the healthy development of the industry, but obviously, this hope is too weak.At a time when the installation of smart video surveillance and alarm equipment on freight vehicles is about to be fully launched, how to deal with drivers' resistance to this equipment is a very important issue. If an incident like Fengrun District happens again and leads to changes in local policies, it will be a huge blow to the entire industry.

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