Besides the Traffic Police, Who Else is Authorized to Handle Violations During Road Traffic Order and Safety Patrol and Control?
Besides Traffic Police, Who Else Can Handle Violations During Road Patrol and Traffic Control?
Pursuant to Chapter IV of Circular 32/2023/TT-BCA, the Traffic Police mobilize other police forces to coordinate in patrolling and monitoring road traffic order and safety when necessary.
According to Clause 2 of Article 33 in Circular 32/2023/TT-BCA, it is stipulated that other police forces, when participating in patrolling and monitoring road traffic order and safety, have the authority to handle traffic violations.
Commune police are only allowed to patrol, monitor, and handle violations on commune roads and other roads within the commune's jurisdiction.
Furthermore, commune police are allowed to stop motorcycles, motorbikes, electric bicycles, and rudimentary vehicles when detecting the operator committing legal violations such as:
- Not wearing a helmet as prescribed;- Carrying more passengers than allowed, transporting oversized or overweight goods;- Improper parking, speeding, reckless driving, not having a left-side rearview mirror;- Using an umbrella;- Underage driving;- Detecting vehicles with severe violations of traffic order and safety, public order, if not promptly stopped, would cause dangerous consequences for society, they are allowed to handle according to the law.
During the process of resolving and handling the above-mentioned violations, if other violations are detected, they are to be handled according to authority. If the violations exceed the handling authority, an administrative violation record is to be made and reported to the competent authority for administrative penalty as stipulated by law.
Besides Traffic Police, Who Else Can Handle Violations During Road Patrol and Traffic Control? (Image from the Internet)
When Are Traffic Police Allowed to Stop Vehicles?
Based on Clause 1, Article 16 of Circular 32/2023/TT-BCA, there are four cases where Traffic Police are permitted to stop vehicles during planned patrol and traffic control as follows:
- Directly detecting or through technical and professional means discovering, collecting legal violations of road traffic and other legal violations;- Implementing orders or plans for general traffic control to ensure road traffic order and safety, social order; implementing thematic patrol and control plans to ensure road traffic order and safety, social order promulgated by competent authorities;- Documents of request from Chief or Deputy Chief of investigation agencies; documents of request from related functional agencies about stopping traffic vehicles for monitoring to serve the tasks of ensuring security, order; crime prevention, disaster prevention, fire safety, disease prevention; rescue and other legal violations. The request document must specify the time, route, and vehicle to be stopped for monitoring, handling, and the coordinating forces;- Reports, reflections, petitions, accusations from organizations or individuals about legal violations of people and vehicles participating in road traffic.
What Documents Can Traffic Police Temporarily Seize?
According to the provisions in Point d, Clause 2, Article 21 of Circular 32/2023/TT-BCA, regarding measures to prevent administrative violations and ensure the handling of administrative violations as follows:
Applying measures to prevent administrative violations and ensure the handling of administrative violations
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d) In case of only applying a monetary penalty, the Traffic Police officer temporarily seizes one of the following documents in sequence (except when the documents are suspected to be fake and need verification to clarify the violation behavior, then more related documents can be seized): Driver's license, Certificate of legal knowledge about road traffic or Vehicle registration or certified copy of Vehicle registration with the original receipt of the credit institution still valid (during the time the credit institution holds the original Vehicle registration) or Certificate of technical safety and environmental protection inspection, Validity confirmation of the Inspection Certificate and Inspection Seal (for vehicles required to be inspected) or other necessary documents related to the vehicle, related to evidence, as prescribed by law to ensure the implementation of the penalty decision;
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Thus, based on the above provisions, in case of only applying a monetary penalty, the Traffic Police can keep related documents to ensure the implementation of the penalty decision.
The Traffic Police can temporarily seize one of the following documents in order:
+ Driver's License;+ Certificate of legal knowledge about road traffic or Vehicle Registration or a certified copy of Vehicle Registration with the original receipt of the credit institution still valid (during the time the credit institution holds the original Vehicle Registration) or Certificate of technical safety and environmental protection inspection,+ Validity confirmation of the Inspection Certificate and Inspection Seal (for vehicles required to be inspected) or other necessary documents related to evidence, vehicles
*Note: In case the above documents are suspected to be fake and need verification to clarify the violation behavior, more related documents can be seized.
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