What are the penalties for transporting ornamental plants for the Lunar New Year by motorcycles in Vietnam?
Shall penalties be imposed for transporting ornamental plants for the Lunar New Year by motorcycles in Vietnam?
Under point k clause 3 Article 6 of Decree 100/2019/ND-CP (some points supplemented and amended by points a and b clause 4 Article 2 of Decree 123/2021/ND-CP), regulations are as follows:
Penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules
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3. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon a vehicle operator who commits any of the following violations:
a) Turning without slowing down or signaling (except for going along a curved segment where there is no intersection); making a left turn while operating a vehicle prohibited from doing so by a “no left turn” sign; making a right turn while operating a vehicle prohibited from doing so by a “no right turn” sign;
b) Carrying 03 people or more on the vehicle;
c) Continuously honking, revving the engine in urban areas or residential areas, except for the emergency vehicles on duty;
d) Stopping or parking on a bridge;
dd) Going in groups in a manner that obstructs the traffic, except for the cases permitted by competent authorities;
e) Operating a vehicle that involves in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the violations specified in Point dd Clause 8 of this Article;
g) Failure to keep the vehicle to the right; going in the wrong lane; crossing the median strip; going on a sidewalk unless for entering a house;
h) Overtaking on the right side where prohibited;
i) Entering prohibited areas, roads erected with signs prohibiting entry of operated vehicles, except for violations specified in Clause 5, Point b Clause 6 of this Article and emergency vehicles on missions;
k) The operator’s or passenger’s pulling or pushing another vehicle or item while sitting on the vehicle; leading an animal or carrying a bulky object while sitting on the vehicle; standing on the seat, the cargo bracket, or sitting on the handle; loading cargo to the vehicle beyond permissible limits; towing another vehicle or object;
l) Exceeding the gross vehicle weight rating (GVWR) written on the Certificate of vehicle registration (if the GVWR is stated);
m) Failure to turn on low beam while operating the vehicle in a road tunnel.
n) Failure to wear a motorcycle helmet properly or wearing it improperly;
o) Carrying a person who does not wear a motorcycle helmet or does not wear the motorcycle helmet properly, unless that person is a patient who needs urgent medical care, a child under 06 years of age, or a criminal being escorted.
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According to these regulations, if the motorcycle user carries oversized ornamental plants beyond the permissible limits on the motorcycle, they may be fined between VND 400,000 and 600,000.
What are the penalties for transporting ornamental plants for the Lunar New Year by motorcycles in Vietnam? (Image from the Internet)
What are the penalties for causing a traffic accident while transporting ornamental plants for the Lunar New Year on motorcycles in Vietnam?
Under point c clause 10 Article 6 of Decree 100/2019/ND-CP, regulations are as follows:
Penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules
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10. Apart from incurring fines, the violating operator shall also incur the following additional penalties:
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c) The violation(s) specified in Point a Clause 6; Points a and b Clause 7; Points a, b, c and d Clause 8 of this Article shall lead to suspension of driving license from 2 months to 4 months; repetition or multiple violations of offence(s) specified in Points a, b, c and d Claus 8 of this Article shall lead to suspension of driving license from 3 months to 5 months and confiscation of vehicle. Committing violation(s) specified in Points a, g, h, k, l, m and q of Clause 1; Points b, d, e, g, l and m of Clause 2; Points b, c, k and m of Clause 3; Points dd, e, g and h of Clause 4 of this Article and causing accidents shall lead to suspension of driving license from 2 months to 4 months;
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According to these regulations, if a traffic participant transporting ornamental plants for the Lunar New Year by motorcycle causes a traffic accident, in addition to the fines mentioned above, the following penalties will be imposed:
- Have the driving license suspended for 02 to 04 months.
Additionally, the person causing the accident must compensate the victim for any damages incurred.
How to load ornamental plants on a motorcycle to comply with Vietnamese law?
Under Article 20 of the Road Traffic Law 2008, regulations are as follows:
Loading of cargoes on vehicles
1. Cargoes loaded on a vehicle must be neatly arranged and firmly fastened, must not fall on to the road, and must not be trailed on the road and affect the driving of the vehicle.
2. Loaded cargoes projecting beyond the front or rear of the vehicle must be marked with a red flag by daytime or a red light at night or when it is dark.
Under clause 4 Article 19 of Circular 46/2015/TT-BGTVT, regulations are as follows:
Width and length of goods loaded onto road vehicles to be operated on public roads
1. The width of loaded goods on a road motor vehicle is the width of the box as designed by the manufacturer or as approved by a competent authority.
2. The length of loaded goods on a road motor vehicle must not exceed 1.1 times the total length of the vehicle as designed by the manufacturer or as approved by a competent authority and must not be longer than 20.0 meters. If the length of loaded goods exceeds the permissible limit, the cargo box must bear warnings and goods must be firmly tied to ensure safety while running on public roads.
3. Goods and luggage loaded onto a passenger vehicle must not exceed the outer dimensions of the vehicle.
4. Goods loaded onto a motorcycle must not exceed the cargo bracket designed by the manufacturer 0.3 meter to the sides and 0.5 meter to the rear. The height of goods from the road surface must not exceed 1.5 meters.
5. Goods loaded onto a non-motorized vehicle must not exceed 1 meter or exceed 1/3 the vehicle length to the front and the rear, whichever is lesser, and must not exceed 0.4 meter to each side of the wheels.
According to these regulations, to avoid penalties when transporting ornamental plants for Lunar New Yearby motorcycle, operators must ensure compliance with the following loading regulations:
- Ornamental plants must be loaded neatly, and securely fastened, and must not obstruct the vehicle's control.
- Warning signals must be displayed: a red flag during the day, or a red light at night or in poor visibility conditions when goods extend beyond the front or rear of the vehicle.
- Goods must not extend more than 0.3 meters from each side of the load rack, or more than 0.5 meters from the back of the load rack. The height of the load from the road surface must not exceed 1.5 meters.
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