【裁判要旨】驾驶电瓶三轮车的人无法取得驾驶证,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,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。 [Referee summary] Driving a tricycle battery driver can not obtain a driver's license, but in the case of traffic accidents should still be considered undocumented driving. Unauthorized vehicles were injured in an accident and were considered as a violation of law and order and could not be regarded as work-related injuries. The promulgation of the Road Traffic Safety Law has changed this certainty. The unlicensed operation of motor vehicles by motorists does not affect their recognition For work-related injuries.