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电瓶三轮车无法取得驾驶证,但在发生交通事故的情况下仍应被认定为无证驾驶。无证驾驶机动车发生交通事故而受伤,根据《工伤保险条例》中职工违反治安管理造成伤亡不得被认定为工伤的规定,以往被视为违反治安管理行为,不能被认定为工伤。《道路交通安全法》的出台改变了这一定性。职工无证驾驶机动车并不影响其被认定为工伤。
Battery tricycles can not obtain a driver's license but should still be considered as a driver without a license in case of a traffic accident. In case a driver is injured in a traffic accident without a license to drive a motor vehicle, according to the provisions of the “Industrial Injury Insurance Ordinance”, a worker who, in violation of law and order administration, causes casualties shall not be deemed as a work injury, was previously regarded as a violation of public security management and can not be regarded as a work injury. The promulgation of the “Road Traffic Safety Law” changed this certainty. Unauthorized workers driving a motor vehicle does not affect it as a work-related injury.