Two high and one high: grabbing the steering wheel
Grabbing the steering wheel on buses and buses is a bet on the safety of the whole vehicle’s life and property. The Chongqing bus crash into the river is even more abhorrent to this kind of behavior.
But even after the river crash, there are still many incidents such as grabbing the steering wheel and violently interfering with drivers in the whole country. It’s a real sweat. According to the “Analysis of Criminal Cases Caused by Bus Company Riding Conflict” published by China Institute of Judicial Data:
The number of criminal cases caused by such conflicts has steadily increased.
Nearly seven of the defendants became passengers, about two became bus drivers, and more than fifty percent of the victims were drivers.
More than 50% of the cases occurred in the process of vehicle driving, and more than 40% of them had “emergency parking” situation.
Nearly 40% of the cases involved casualties, of which nearly 20% were fatal.
In more than half of the cases, passengers attacked drivers, and nearly 30% of passengers seized vehicle control devices.
It is imperative to punish severely according to law by legal means. Recently, the Supreme Procuratorate, the Supreme Law and the Ministry of Public Security jointly promulgated Guidelines on Punishing Criminal Acts of Impairing Safe Driving of Public Transportation in accordance with the law.
First of all, to define public transport means in the opinion refers to buses, highway passenger cars, large and medium-sized taxis and other vehicles.
How to characterize the behavior of grabbing steering wheel? The opinion is as follows:
Passengers who seize steering wheel, transmission lever and other control devices, beat or pull drivers, or engage in other acts that interfere with safe driving, endanger p
ublic safety, and have not yet caused serious consequences, shall be convicted and punished for endangering public safety by dangerous means in accordance with the provisions of Article 114 of the Criminal Law; ca
using serious injury to persons, death or causing public or private property. If the property suffers h
eavy losses, it shall be convicted and punished for the crime of endangering public safety by dangerous means in accordance with the provisions of the first paragraph of Article 115 of the Criminal Law.
It should be noted that suspension of sentence is not generally applicable for seven types of acts, which include:
1. Implemented on public transport vehicles travelling at night or under severe weather conditions;
2. Implemented in water-prone, cliff-prone, sharp bends, steep slopes, expressways, viaducts, bridges and tunnels and other dangerous sections;
3. Implementing in densely populated sections of roads with heavy personnel and vehicles;
4. Implemented on public transport vehicles carrying more than 10 passengers or at speeds of more than 60 kilometers per hour;
5. Continue to implement after being advised or obstructed by others;
6. Attacking drivers with weapons;
7. Other acts that seriously impair safe driving.
On the morning of November 28, 2018, the People’s Court of Dongping County, Tai’an City, Shandong Province, handed down a first instance judgment on a criminal case of bus
company riding conflict. The defendant Zhou Mou was sentenced to three years’imprisonment for committing a crime of endangering public safety by dangerous means.