Research On Agricultural Vehicle Accident Issues

Agricultural vehicles in this paper means carriage vehicles in rural, including tractors, agricultural tricycles, agricultural broughams, electric tricycles. According to the provisions made by the Vehicle Management Department, all the agricultural vehicles above mentioned is vehicle in legal field. Agricultural vehicles accidents depart of two parts which are in the road and not in the road. Therefore, if the agricultural vehicles take traffic accidents in the road should belong to the road traffic accidents, so agricultural vehicles traffic accidents in the road should be management by the traffic police department. According to the provisions of the Road Traffic Safety Law, the general traffic accident should be applied to the principle of no fault liability, however the author believes that the agricultural vehicle accident should not be applied to that principle. The reasons are that in rural areas the road conditions are poor,cultural and economic conditions are behindhand.And the maximum design speed of agricultural vehicles generally does not exceed 50 km / h. Other vehicles’ maximum design speed is about 150 km / h on average, Compared with other vehicle, agricultural vehicles’ risk is lower. Peasant is the lower class in society, there are policies to protect them and the risk of agricultural vehicles is lower.As a mandatory liability insurance,the Compulsory Traffic Accident Liability Insurance for Motor Vehicles is inseparably interconnected with no-fault-liability. The Compulsory Traffic Accident Liability Insurance for Motor Vehicles is mandatory, and it requires administrative departments’ supervision and management. Under the no-fault-liability is for balancing the vehicle owner and the manager’s benefits. However, agricultural vehicles should not apply no-fault liability, the management of agricultural vehicles is not integrated, and the high insurance premium rates for Peasants are heavy financial burdens. Therefore, agricultural vehicle shouldn’t take the full Compulsory Traffic Accident Liability Insurance for Motor Vehicles, But at first we should improve the agricultural vehicle management system from the registration, manufacturing, daily management system, and other aspects,and then we should develop an appropriate insurance system based on the peasants’ actual affordability,or making some specific rules for agricultural vehicles join and being managed on the base of Compulsory Traffic Accident Liability Insurance for Motor Vehicles.