Gray area in the "cargo pull" accident: can freight vehicles carry people? Does the platform need to take responsibility?

Reporter | Jun Tang

Recently, a 23-year-old girl jumped to her death while renting a cargo pull van, pushing the cargo pull platform to the forefront.

Cargo Lala is the head enterprise in the field of freight transportation in the same city. Many people rent cars through cargo Lala when moving or transporting large items. Although the cargo Lala provides truck rental service, in order to look after the goods and facilitate travel, the owner usually follows the car to the destination, and the cargo Lala also provides the option of following the car on the order page. There are even some consumers who can’t get a taxi online during the rush hour, and they will ask the cargo girl to send themselves to their destination, and jokingly call "goods are people."

According to the Road Traffic Safety Law, freight motor vehicles are prohibited from carrying passengers. Then, can vehicles that provide freight services through the cargo pull platform carry people when transporting goods? If there is an accident that harms personal safety during transportation, should the cargo pulling platform bear the responsibility?

On this issue, the interface journalist left a message on the website of the Ministry of Transport as a public. The Ministry of Communications replied: The Road Traffic Safety Law stipulates that freight motor vehicles are prohibited from carrying passengers; If a freight motor vehicle needs to carry operators, it shall set up safety measures to protect the operators.

In other words, as an attached operator, you can take a freight vehicle, but the definition of an attached operator is not clear.

Regarding the stipulation that "freight motor vehicles are prohibited from carrying passengers", the interface journalist also consulted the public security traffic control department. The staff said that whether the truck carries passengers depends on whether the passenger fee is charged. If no fee is charged, it is not illegal to carry passengers, as long as it is not overloaded.

Consumers only need to pay the freight when placing an order at the cargo terminal, and there is no extra charge for following the car. From this point of view, the cargo pulling platform and drivers did not provide passenger service, so it is theoretically not illegal for trucks to carry passengers. However, if consumers don’t need to transport goods, they just use the cargo trolley as a network car, which violates the regulation of "no cargo motor vehicles carrying passengers".

It should be noted that if there is an accident that hurts personal safety during driving, consumers will not be able to get insurance compensation.

According to the requirements of the Regulations on Road Transportation, passenger transport operators should take out carrier liability insurance for passengers, so all passenger transport services, including online car service, will theoretically buy insurance for passengers. Freight vehicles do not need to buy such insurance because they do not carry passengers.

Interface news learned from the customer service office of cargo Lala that the cargo Lala platform did not buy insurance for the car followers, so unless the driver or consumer buys additional insurance himself, it is impossible to get compensation for the accident.

There have been precedents for how to divide the responsibilities of all parties in the event of an accident on the way between the shipper and the truck.

According to a judgment issued by China Judgment Document Network on December 31, 2020, in November 2018, the consumer Wang Long hired a cargo truck to deliver goods, and a traffic accident occurred on the way with the car because the driver did not drive properly, which caused Wang Long to be injured.

The transportation department decided that the driver of the cargo truck should be fully responsible for the accident, so Wang Long asked the cargo truck company to bear joint and several liability for compensation.

There are two main points of controversy in this case. First, what kind of legal relationship is formed between the cargo girl and the driver; The second is whether the cargo Lala should bear legal responsibility for the personal injury suffered by Wang lung on the way to the car.

Regarding the relationship between the platform and the driver, Wang Long advocated that the platform is the operator of freight behavior, while the court held that the cargo lesbian is only the intermediary service provider of cargo transportation information.

With regard to the liability of the platform, the court held that the possibility of the operator accompanying the vehicle could not be ruled out in freight transportation, and the vehicle attendant had the right to claim relevant compensation from the platform.

In this case, the driver did not have the corresponding freight business qualification and vehicle operation license. The E-commerce Law of the People’s Republic of China stipulates that the operators of e-commerce platforms have failed to fulfill the obligation to review the qualifications of the operators in the platforms, or have failed to fulfill the obligation to ensure the safety of consumers, causing damage to consumers, and shall bear corresponding responsibilities according to law.

The court held that the cargo pulling company should bear supplementary responsibility for the personal injury of the car-follower because it violated the obligations of good faith intermediation and reporting, and failed to fulfill the obligations of safety guarantee and qualification examination.

Supplementary liability means that when the property of the responsible person is insufficient, the relevant person or unit will make supplementary commitment. In this case, the main responsible person is the driver, and the court ruled that the cargo girl should bear 50% of the driver’s unpaid obligations as a supplementary responsibility.

Since 2019, ordinary freight vehicles with a total mass of 4.5 tons or less no longer need the general freight qualification certificate and vehicle operation certificate, and the platform no longer needs to review the qualifications of these vehicles and personnel. However, for trucks over 4.5 tons, they still need professional qualifications to register.

The incident of "a woman jumping to death by a cargo girl" uncovered not only the management loopholes of the cargo girl, but also the safety problems of the whole freight industry in the same city.

It is inevitable to follow the car. At present, the cargo girl has put forward rectification measures, including increasing mandatory recording and expanding the deployment of safety equipment. The effect needs further observation. Other freight companies in the same city should also check for leaks and fill gaps to avoid similar security incidents from happening again.

Celebrating the 100th anniversary of the founding of the Party "Struggle for Chinese Children" was released.


1905 movie network news On June 6th, the stage art film produced and directed by the Central News Recording Film Studio (Group) officially landed in national cinemas. The film was created twice by the stage large-scale music and dance epic "Struggle for Chinese Children". As the first large-scale music and dance epic film in 4K, the film, with an all-star cast, evokes historical images of empathy and resonance of audiences in different eras through beautiful dance and familiar songs, promotes the spirit of struggle, eulogizes the struggle journey, condenses the struggle strength and realizes the struggle dream, which is a symphony of the new era and prosperity that perfectly presents the party and the people, struggle and pursuit of dreams.


Li Daoxin, vice president and professor of Peking University Art Institute, believes that the film has great significance of the times, which is not only a comfort to people who have come over for more than 100 years, but also an incentive to the present and a call to the future.


The stage has made great achievements, and the movie version of the big screen shines with charm.


It is understood that the film’s stage director Yang Xiaoyang, deputy director Tian Qinxin, chief writer Zhu Hai, Wang Xiaoling, music director Shu Nan and Zhao Lin have fully demonstrated the era songs of our country from the founding of the Party to the present on the stage through active creation. Rao Shuguang, president of China Film Critics Association and former secretary-general of China Film Association, believes that film "finds the greatest balance between stage aesthetics and film aesthetics, which not only gives full play to the inherent charm of stage art, but also presents the charm of film through cinematic means, achieving the greatest common denominator between stage aesthetics and film aesthetics."


Starting from The Internationale, music and dance vividly showed the 28-year struggle history from the founding of the Party in 1921 to the founding of New China in 1949, and then made a transition to socialist construction, and then to the period of reform and opening up, with the theme of building Daqing Oilfield, promising fields, flood fighting in 1998, earthquake relief and Olympic Games as the stage art creation. All exciting scenes were presented in the form of music and dance. Starting from the Tianyao Chinese chapter, the beautiful China scroll in the new era of socialism was fully displayed, with thousands of actors and hundreds of artists, singers, music composers and conductors, and chorus performances, and the creation of the stage part was brilliantly completed.

In this regard, Zhang Wei, executive vice president of China Film Critics Association, said, "This is the integration of stage performance and film and television performance. Because it is a movie, the facial expressions of the actors should also be performed. The performance passion and facial close-ups of countless star celebrities at a specific moment seem to be solidified in the moment of history and have the feeling of engraving relief. "


 At the same time, eight 8K digital cameras were used in film shooting, and a large number of film shooting methods such as moving, rocker arm, Stenikon stabilizer and super wide-angle lens were used. In order to ensure the exquisite screen picture, the film crew also set up a special studio in the National Grand Theatre to shoot special effects for dozens of actors. At the same time, during the editing process, they went to Hengdian Film and Television Base in Zhejiang Province and made up the images of the main actors in the Beijing studio.

In order to enrich the audio-visual effect of the screen, the technology of 4K and 5.1 surround sound is made, so that movie audiences can get a brand-new viewing experience for music and dance. In the process of making the film, leaders and experts reviewed it for more than 20 times before and after and put forward suggestions for revision, and finally polished and produced this large-scale stage art film.


Celebrate the centenary of the founding of the party and create a shocking epic system


The film "Struggle for Chinese Children" experienced a year-long post-production. In order to fully show the great journey of the party’s founding in the past 100 years, the main creator searched a large number of precious recorded images from the huge database of the producer’s Central News Recording Film Studio (Group), and after repairing, screening and adding them to the film, many of these extremely precious recorded images appeared in public view for the first time.

Song and dance performance "Turn over the serf to sing"

Let the audience truly feel the hardships of the century-old party history and the spirit of hard work. Liu Hanwen, a professor at Fujian Normal University and director of the former Film Institute of the Development Research Center of the State Administration of Radio, Film and Television, expressed empathy for the major historical events in the film. "Seeing these scenes can bring us back to the historical scene at that time and arouse memories."


At the same time, compared with the stage performance version, the film "Struggle for Chinese Children" strengthens the expressiveness on the big screen from all dimensions, which not only makes the whole party narrative on the big screen by technical means, but also shows the glorious course of the motherland’s development to today with a compact rhythm. In this regard, Suo Yabin, a professor at the School of Drama and Film of China Communication University, believes that "this work is irreplaceable, and the influence of the film works exceeds the stage."


Ada Japanese photo fair skin sexy hollow top full of charm.


Ada Japanese photo


 

  Ada, who is busy filming, does not forget to share his thoughts and feelings with his fans after his intense work. A few days ago, Ada took advantage of the all-night play to expose a set of street photos taken earlier in Kagoshima, Japan, in Weibo. In the picture, Ada changed the sweet and hot style on the screen and appeared in a neutral dress of denim jacket and hot pants, with a sexy hollowed-out white T-shirt, which was even more cute and funny. Ada, capable and refreshing, is more natural and spontaneous in the quiet countryside.

  Ada, who calls himself "Brush Screen Rock", uses Weibo to communicate with netizens at zero distance, and the beautiful pictures are matched with quips, which gradually become characteristic. As the anchor of Music Billboard, Ada did not forget to recommend good music to everyone. On the evening of August 11th, Ada once again "screened the screen" and successively recommended six works of Faye Wong’s The World, Stefanie’s Beginning to Understand, Zhang Xuan’s Liking, Eason Chan’s Red Rose, Miriam Yeung’s Goodbye for Two Dingmu and Yoga Lin’s Lying, with slightly sad lyrics and aphorisms.

  Because Ada, whose exposure was temporarily reduced during filming, was quiet and quiet in private, but his interaction with netizens was lively and direct, and his words were very modest and restrained. Many netizens left messages saying that they saw a different Ada from the text.

More wonderful pictures on the next page!