Motorcycles Must Not Exceed 40 km/h: An Old Yet New Regulation?

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Notably, in this Circular, the regulation on the maximum permissible speed for specialized motorbikes, mopeds (including electric bikes), and similar types of vehicles on the road (excluding highways) is worth mentioning. Specifically, for specialized motorbikes, mopeds (including electric bikes), and similar types of vehicles when participating in traffic, the maximum speed must not exceed 40 km/h.

In fact, this regulation had been previously stipulated in Circular 91/2015/TT-BGTVT and is now continued in Circular 31/2019/TT-BGTVT, rather than being a new regulation. The reason why people think it is new is due to two reasons:

- People are not fully aware of the current legal regulations on road traffic, specifically the provisions in Circular 91/2015/TT-BGTVT, so when seeing this regulation in Circular 31/2019/TT-BGTVT, they mistakenly believe this is a new regulation.

- People are misunderstanding the nature of the two concepts of motorbike and moped, thus misapplying this regulation to motorbikes. In fact, this regulation only applies to mopeds, specialized motorbikes, and similar types of vehicles.

According to the 2008 Law on Road Traffic and the National Technical Regulation on Road Traffic QCVN 41:2016/BGTVT, these types of vehicles are distinct, specifically:

- Motorbike (also known as motorcycle) is a two or three-wheeled motor vehicle and similar types, powered by an engine with a cylinder capacity of 50 cm³ or more, with a self-weight not exceeding 400 kg for two-wheeled motorbikes, or with a maximum allowable transport weight as specified in the Certificate of Technical Safety and Environmental Protection from 350 kg to 500 kg for three-wheeled motorbikes.

- Moped refers to a motor-driven vehicle, with two or three wheels, and designed speed not exceeding 50 km/h. If driven by an internal combustion engine, the working displacement or equivalent displacement must not exceed 50 cm³.

- Specialized motorbike includes construction motorbikes, agricultural and forestry motorbikes, and other specialized vehicles used for defense and security purposes participating in road traffic.

Thus, this regulation in Circular 31/2019/TT-BGTVT only requires that specialized motorbikes, mopeds (including electric bikes) must not exceed 40 km/h as currently specified, not applied to motorbikes (motorcycles).

Nguyen Trinh

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