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.

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