Is bicycle racing subject to an administrative penalty? What is the penalty for bicycle racing in prohibited areas in Vietnam?
Is bicycle racing prohibited?
Pursuant to Article 8 of the 2008 Law on Road Traffic of Vietnam amending and supplementing Clause 8 of this Article in Clause 1, Article 35 of the 2019 Law on Prevention and Control of Harmful Effects of Alcoholic Beverages of Vietnam on the prohibited acts as follows:
Article 8. Prohibited acts
1. Destroying roads, road bridges, tunnels and ferry landing stages, light signals, marker posts, signs, dome mirrors, median strips, water drainage systems and other works and equipment of road traffic infrastructure.
2. Illegally digging, drilling and cutting roads; illegally placing or erecting hurdles on roads; placing and spreading pointed objects, pouring lubricants on roads; illegally leaving materials, wastes and garbage on roads; illegally opening passages and linking to main roads; illegally encroaching, occupying or using land of roads and road safety corridors; opening manhole covers without permission, illegally dismantling, removing or falsifying road works.
3. Illegally using roadbeds, roadsides and pavements.
4. Putting motor vehicles and special-use machines which fail to satisfy technical safety and environmental protection criteria into operation on roads.
5. Changing the chassis, components and accessories of motor vehicles in order to temporarily achieve their technical criteria before taking them for inspection.
6. Taking part in, cheering or organizing illegal vehicle races, driving vehicles recklessly on crowded streets or in zigzags.
7. Operating a road motor vehicle while there is narcotic in the operator’s body.
8. Operate vehicles under the influence of alcohol.
Operating a motorcycle or moped while there is a concentration of alcohol of over 50 milligrams per 100 milliliters of blood or 0.25 milligrams per 1 liter of breathed air.
9. Operating a motor vehicle without a driver license as prescribed.
Operating a special-use vehicle on the road without a certificate of training in knowledge about the road traffic law, a license or certificate of operation of special-use vehicle.
10. Assigning one’s motor vehicle or special-use vehicle to another person ineligible for operating vehicles in road traffic.
11. Operating a motor vehicle at a speed beyond the prescribed speed limit, recklessly passing or overtaking.
12. Honking and opening the throttle continuously; honking during the time from 22:00 hrs to 05:00 hrs, blowing the hoot, using driving lamps in urban and populous areas, except for priority vehicles moving on duty as provided for by this Law.
13. Fitting and using the horn and lamps at variance with the manufacturer design for each type of motor vehicles; using audible devices badly affecting traffic order and safety and public order.
14. Transporting goods banned from circulation, illegally transporting, or failing to fully observe regulations on transportation of, dangerous cargoes or wild animals.
15. Threatening, offending and fighting over passengers; compelling passengers to use services against their will; employing transshipment, disembarking passengers or committing other acts to evade detection of the carriage of cargoes or passengers in excess of prescribed limits.
16. Conducting commercial transportation by car when failing to meet all business conditions as prescribed.
17. Absconding after causing accidents in order to shirk responsibility.
18. Deliberately refusing to rescue victims of traffic accidents when having conditions to do so.
19. Infringing upon the lives, health and property of traffic accident victims and causers.
20. Taking advantage of traffic accidents to assault, intimidate, incite, pressure, foment disorder or obstruct the handling of traffic accidents.
21. Abusing one’s position, power or profession to breach the road traffic law.
22. Illegally manufacturing, using or buying or selling number plates of motor vehicles and special-use vehicles.
23. Acts of breaching road traffic rules and other acts endangering road users and vehicles in road traffic.
It can be seen that, in Clause 6 above, bicycle racing is prohibited by law.
What is the penalty for bicycle racing in prohibited areas in Vietnam? (Image from the Internet)
Is bicycle racing subject to an administrative penalty in Vietnam?
Pursuant to the provisions of Article 34 of Decree 100/2019/ND-CP of Vietnam as amended by Clause 19, Article 2 of Decree 123/2021/ND-CP of Vietnam on penalties imposed upon street racers and street racing watchers as follows:
1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for:
a) Gathering to cheer, incite speeding, weaving, chasing, or street racing;
b) Illegally racing bicycles, motored bicycles, tricycles, animal-powered vehicles, or animals on public roads.
2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed illegally racing motorcycles, mopeds, and electric motorcycles.
3. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed illegally racing cars.
4. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:
a) The violation(s) specified in Point b Clause 1 of this Article shall lead to confiscation of vehicles (except for animals use to ride or tow);
b) The violation(s) specified in Clauses 2 and 3 of this Article shall lead to confiscation of vehicle and revocation suspension of driving license from 03 months to 05 months.
Thus, according to point b, clause 1 of the above article, bicycle racing will result in a fine of VND 1,000,000 to 2,000,000 VND.
Apart from incurring fines, the vehicle operator that commits the violations shall also incur the additional penalties: confiscation of vehicles (except for animals used to ride or tow).
What is the penalty for bicycle racing in prohibited areas?
Pursuant to Clause 3, Article 8 of Decree 100/2019/ND-CP of Vietnam amending and supplementing Article 2 of Decree 123/2021/ND-CP of Vietnam as follows:
Article 8. Penalties imposed upon operators of bicycles, motored bicycles (including electric bicycles), and other non-motorized vehicles violating traffic rules
3. A fine ranging from VND 300,000 to VND 400,000 shall be imposed upon a vehicle operator who commits any of the following violations:
a) Weaving, speeding and chasing on public roads;
b) Running on one wheel (or two wheel if the vehicle is a tricycle);
c) Entering restricted areas; roads erected with signs prohibiting entry of operated vehicles; going against traffic direction on one-way streets, roads erected with “Cấm đi ngược chiều” (No entry) signs;
d) The operator of motored bicycle (including electric bicycle) not wearing motorcycle helmets properly or wearing helmets improperly;
dd) Carrying a person on a motored bicycle (including electric bicycle) who does not wear the motorcycle helmet or does not wear the 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;
e) Operating a vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood or BrAC exceeds 0.25 - 0.4 mg per liter of breath;
Thus, it can be seen at point c, clause 3, that racing in a prohibited area is subject to a fine of between VND 300,000 and VND 400,000.
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