Law Office Dragon Law Office gives advice on Law of traffic
Hi Dragon lawyer,
My name is Vu and I am a student. Now I am living in the city of Tan An, Long An.
I have somes problems on the issue of road traffic laws which I do not understand clearly so I am not sure about that. I would like lawyer to help me. Thanks in advance
The situation is as follow: where I live now has just had a new traffic law, which, according to me, is newly issued or has already been issued by the Ministry, but the traffic police here require the people to have 2 mirrors on their motorbikes and these mirrors must meet the state,s standards production (the mirrors attached with the motorbikes). So if you only have the mirror on the left, or the mirror which is not properly, you will be punished. So I would like to ask about the regulations related to this figure, and if in case of sanction, how to fine?
I would also like to ask the attorneys for your opinions on this. I suppose if you add two mirrors as prescribed, it will not have advantages. For example, this will occupy much more space for parking and in the narrow road, when two vehicles crossing, it would be very inconvenient.
Let me question about traffic laws sanctioning in Vietnam which fine the electric bikes drivers when they do not wear their helmets. If the ward police or ward civil defense catch and sanction me in this case (not wearing helmet while driving) whether it is right or wrong? If I am right, where can I have lawsuit and how?
Thank you for spending time for me!
Wish you good health to work well.
THE ADVISORY COMMITTEE of DRAGON LAW BACK TO YOU AS FOLLOWS
1.. Legal basis
- Article 20 of Decree No. 34/2010/ND-CP stipulates sanction drivers of mopeds and motorcycles (including electric vehicles), vehicles like motorcycles and similar vehicles motorcycle may violate regulations on the conditions of the vehicle in traffic
1. A fine from 80,000 VND to 100,000 VND for one of the following violations:
a) No horn; number plate lamp; brake lights; mirrors on the left of the driver or have but no effect;
- Vietnam standard TCVN 6770: 2001 regulations: mirrors of motorcycles and motorcycle:
184.108.40.206 The area of the mirror is not less than 69cm2.
220.127.116.11 In the case of circular mirror with diameter not less than 94mm.
18.104.22.168 In the case of non-circular mirror, the size must be large enough to accommodate a circle inscribed with a diameter of 78mm reflective surface.
- Article 11 of Decree 34/2010/ND-CP stipulates: Sanctions against the driver, who sits on the bikes, mopeds, rude drivers that violate traffic rules
4. A fine from 100,000 VND to 200,000 VND for one of the following violations:
d) The driver and the persons who sit on the bike but have no helmet or no helmet straps or the straps are not installed properly when in traffic on roads;
e) Carrying passengers on electric bikes with no helmet or no helmet straps or the straps are not installed properly, except for emergency transport of patients, children under 06 years old, escorting a violation law;
Article 9 of Decree 27/2010/ND-CP stipulates: The mission of the police forces and other police and social participation to coordinate patrols and control of public order and road traffic safety
a) To carry out patrols, controlled by the direction and administration of road traffic police and the plan has been approved by competent authorities;
b) To sanction the administrative violations according to the patrol jurisdiction and control of public order and safety of road traffic without the traffic police along the roads;
c) Statistics and reporting on cases of the violation of law, road traffic accidents; results of the patrol, control and order, road safety as assigned in the Plan have been for approval. "
2. Advisory opinion:
Thus, in principle, motorcycles in traffic are not required to completely have two mirrors mounted, but must ensure the standards of the left rearview mirror. If a motorbike has no left mirrors or has but no effect shall be fined from 80,000 VND to 100,000 VND
Drivers of electric bicycle who have no helmets will be sanctioned and the involvement of other police forces and police to ensure communal road safety is completely not contrary to the provisions of law.
You can send your written complaints about decisions on sanctioning of administrative violations directly to the agency, the unit which has the decision that you think it is contrary to the provisions of law.
Above is the advice of the Advisory Board of Dragon Law Company send you as references.
Thank the interest of the customer to the Dragon Law Company!
Dragon Law Firm
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