Dragon lawyer legal advice when in traffic
Hi Dragon Attorneys,
My name is Dung, currently living and working in Hanoi. In the process of participating in road traffic in Hanoi, I have encounted the situations of violations of road traffic law as follows
1. On 20/7/2011 while I was running a motor vehicle in traffic, carrying a bunch of water pipes, length 2 meters (like the image I attached in the email), I was stopped by the traffic police team No 4 stop to have administrative inspection requirements.
Because I did not bring the vehicle registration and my driving license, they recorded a minutes of administrative violations with three (03) errors, including: Do not bring the registration of the motorbike; non-driving license and carrying bulky items (noted: “the bulky items were more than 2 feet long”) , a long with this was the minutes of the moto detention.
2. On 27/7/2011 I came over the head office of traffic police team No 4 at No 5 Ngoc Hoi Street to implement the procedures for handling administrative violations. There, they made a decisions of administrative sanctions. Particularly, the errors would be fined as follow:
Fine 70. 000 VND for non- Motorbike registration; 70.000 VND for do not carry driving license and 400,000VND for carrying bulky items.I then asked the policeman that base on what current legislation document to fine me the error of carrying bulky items. I then was told that if carrying things with more than 2 meters long on motorbike, the carriers will be sanctioned this error.I had specific questions that on which legislation document specifies this content. However, what I received were only avoiding and unsatisfied answers. Because I brought all required papers (including the registration of my motorbike and my driving license), they implemented the procedures to return me the motorbike, but they then kept the documents of my motorbike as well as my driving license and promised me that when the current legislation document mentioned above be found, they would invite me to come to resolve the case.
3. After more than a month from the time the minutes of administrative violations was recorded, I have not received any phone calls from the traffic police team No 4 to come to settle the case. On 23/08/2011 I directly came to the police station to ask about it but I was scheduled to come the week after (no specific date) to solve. During the period from 20. 7. 2011 to present, I referred to the provisions of the Law on road traffic in 2008 and Decree No. 34/2010/ND-CP dated 02. 04. 2010 on SANCTIONS REGULATIONS ADMINISTRATIVE VIOLATIONS IN ROAD TRAFFIC, However, I could not find any specific regulations which defined what are the so-called: “bulky items” in the ept of carrying bulky items. In addition, because the time to wait for the handling was too long, I could refer to the Ordinance on Handling Administrative Violations of 44/2002/PL-UBTVQH10 regulations on the procedures, time, authority ... in handling administrative violations, so I found out that the period of a decision of administrative sanction of the competent authority is up to 30 days from the date the minutes of administrative violations was recorded.
So, I look forward to the explanation and advice from Dragon lawyers’ffices to have best understanding about my encountered problem, the obligations and the legitimate interests on which I can rely to ask the authorized agencies to quickly resolve the case, based on the provisions of the law. I sincerely thank the support from Dragon lawyerservices!
Dragon Law Firm/company, Law Advisory board back to you as follow:
According to Clause 4, Article 18 of Circular 07/2010/TT-BGTVT dated 2/ 11//2010 regulates on load, size limits of the road; circulation overloaded vehicles, vehicle-size, caterpillars on roads, transportation of super length, super weight; limited cargo handling facilities on the road to take traffic on the road.
Motors, motorcycles when on the road are not allowed to load cargo and luggage which beyond the width of the design: 0.30 meters on each side, beyond the back of the rack 0.50 meters. Height for loading cargo from the roadway surface is 2.0 meters.
As point C, clause 3, Article 11 of Decree 34/2010/ND-CP dated 02/04/2010 of the Government on sanctioning administrative violations in road traffic on penalizing the drivers and who sit in the car bicycles, mopeds, as well as drivers of primitive means of transport that violate traffic rules: 3. A fine from 80,000 VND to 100.000 for one of the following violations: The driver of the means of transport mentioned above or who sitting on but hold, pull or push other vehicles, other things, carrying bulky items; drivers pulling other vehicles, other things.”
In your case, that you did not carry your driving license and the register of the motor vehicle while you were on road is a violation of law. That the traffic police sanctioned you with 03 errors (Do not carry driving license, do not carry the register of the motor and carry bulky items) and seized your vehicle is correct. In case of disagreement with the decision of administrative penalty, you may appeal to your immediate superior or sue to initiate administrative law in accordance with the administrative law proceedings.
The traffic police agency delayed a decision on administrative punishment to now (over 01 months) is wrong and against the rules, you should contact the traffic police team No 4 to solve the cases.
Above is the opinion of Dragon Advisory Board send you to reference.
Dragon law firm
Law firm, Vietnam law firm, Vietnam law firms, law firm in Vietnam, law firms in Vietnam, law firm in Hanoi, Hanoi law firm, Vietnam law, Vietnamese laws, Vietnamese lawyer, Vietnamese lawyers, Hanoi lawyers, Hanoi lawyer, lawyer in Hanoi, lawyers in Vietnam, dragon law firm, lawyer, lawyers, Vietnam laws, Vietnamese law, lawfirm, dragon lawfirm, Vietnam lawfirm, Hanoi lawfirm
Dragon Law Firm - Công ty luật Dragon - Vietnam Law Firm, Hanoi Law, Saigon Law, Lawyer Nguyen Minh Long - Hotline:0913031525 -
© Copyright: 2011 DRAGON LAW FIRM - All rights reserved
Thám tử | Văn phòng luật sư | Luật sư bào chữa | Vietnam lawfirm | Quảng cáo trực tuyến | Thiết bị camera | đại lý vé máy bay | Thám tử hà nội | dịch vụ thám tử | Thám tử tại hà nội | thám tử sài gòn | thuê thám tử tại sài gòn | Thám tử tại sài gòn | Thám tử hải phòng | Thám tử | Thám tử tư | quảng cáo Facebook