摘要
叉车不属于道路交通安全法规定的机动车,依法不得上道路行驶,其属于场(厂)内专用机动车辆,按照特种设备进行管理。但驾驶叉车在道路上行驶属于道路交通活动,发生事故的属于交通事故,在分清责任的基础上可以以交通肇事罪追究刑事责任。如以过失致人死亡罪认定,则可能导致罪责刑失衡。
Forklift trucks, which do not belong to the category of motor vehicles by ＂Road Traffic Safety Law＂, should not drive onto roads and should be exclusively limited within premises of factories. They should be controlled as special equipment. Driving a forklift truck along roads is a road traffic activity. If it causes a traffic accident, the driver should be punished for his or her traffic violation after the responsibility is clarified. If the violation leads to a death because of negligence, this violation may result in unbalance between offence, responsibility and penalty.
关键词
叉车
交通肇事
过失致人死亡
机动车
Forklift Truck
Traffic Accident
Death Caused by Negligence
Motor Vehicle
