According to media reports, Mr. Gao, Hebei, slept on the high-speed road and spent the night in his own car in the rest area. As a result, when he left the next day, he was told that because he spent more than 12 hours on the expressway, To pay 10 times the toll fee "overtime fee", that is only 40 yuan high-speed fees, actually have to pay 385 yuan, comparable to a three-star hotel. The society has paid extensive attention to this "overtime fee" incident. Highway will also receive "overtime fee"? "What is the overtime fee?" "How can there be overtime fees?" Some users even worry that this is a hidden overlord clause. "What do you think of sleeping overtime and fatigue driving out of an accident?" For this question, netizens have issued various questions. The netizen “a drunk cat†also came up with a reference object: “Scared, the US highway will have a Rest Area (rest area) at regular intervals, and it is free for those who are tired for the rest of the drivers. No matter how long you stay, it is for the safety of driving." However, when we look closely, we find that specific provisions have indeed been found, and similar regulations exist in relevant provinces such as Beijing and Hunan. "Overtime fee" as a form of highway toll collection is mainly to punish the phenomenon of "card evasion". “Card evasion fee†refers to the wrongful act of the driver to charge for the road network, using the exchange of license plates, exchange of access cards, etc. to avoid paying the toll. However, drivers use card exchange cards to avoid tolls, as long as the time counted in advance does not exceed the "statutory time." Even ultra-long-distance long-distance freight drivers, as long as the long-distance journey section driving cards for cards, but also completely circumvent punishment. Therefore, avoiding "card evasion fees" in the form of "overtime fees" is not up to the legislative intent. In addition, driving on the highway for a long time is most likely to lead to traffic accidents caused by fatigue driving. The driver feels tired or unwell, taking a break in the rest area, or parking overnight is a legal act that the law should advocate and guarantee. It is also ridiculous for the driver to show the hotel invoice for the rest area before he can prove that he has no “card evasion feeâ€. Is it true that the driver is legal in the rest area and it is illegal to rest in his car? The relevant departments cannot artificially restrict the lawful rest time of drivers, nor can they artificially restrict how drivers rest. “If you are tired on the expressway and you sleep overnight in the service area, you will generally not be required to pay 'overtime fees'.†In the process of understanding, he told the hotline service staff to explain. In the current special rectification of toll highways, relevant departments should be given due attention. This type of “overtime fee†is unlawful.
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There are unpredictable facts about the delay on the expressway, such as traffic jams, vehicle breakdowns, shopping and dining in rest areas, and people in rest areas, parking and rest are legitimate delays. There is no need to “interpret†the relevant departments at all. Or "prove" that he has "have done everything" after the high speed, and the excessive restriction of the vehicle time is equivalent to infringement on the legitimate rights and interests of the driver.
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August 04, 2021