Can motorcyclists in Vietnam raise their hand to signal a change of direction? What is the administrative penalty for causing an accident by changing the turning direction of a motorcycle?
Can motorcyclists in Vietnam raise their hand to signal a change of direction?
Under Article 15 of the Law on Road Traffic 2008 regarding changing directions, the regulations are as follows:
Change of direction
1. When wishing to change direction, the operator shall slow down and give a signal of the turning direction.
2. While changing direction, the driver or operator of a special-use vehicle shall allow pedestrians and bicycle riders moving on the road sections reserved for them to pass, give way to oncoming vehicles and shall change direction only when seeing that his/her vehicle does not obstruct or endanger people and other vehicles.
3. In residential areas, the driver may make U-turns only at intersections and places with a sign permitting U-turns.
4. It is prohibited to make U-turns at road sections reserved for pedestrians to cross, on bridges, at bridge heads, under flyovers, at undergrounds, in road tunnels, on expressways, at level crossings between a road and a railroad track, on narrow roads, steep roads or on bends with insufficient visibility.
Thus, according to the aforementioned regulations, the law stipulates that when changing direction, the vehicle operator shall slow down and give a signal of the turning direction (using the turn signal lights). Therefore, signaling by hand when changing directions is illegal.
Can motorcyclists in Vietnam raise their hand to signal a change of direction? What is the administrative penalty for causing an accident by changing the turning direction of a motorcycle? (Image from the Internet)
What is the administrative penalty for causing an accident by changing the turning direction of a motorcycle in Vietnam?
According to Clause 7, Article 6 of Decree 100/2019/ND-CP on penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules:
Penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules
…..
7. A fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:
a) Exceeding the speed limits by more than 20 km/h;
b) Failure to observe, operating the vehicle exceeding speed limit thus causing accidents; entering a freeway, stopping, parking, making a u-turn, backing, avoiding, overtaking, changing direction or changing lanes against regulations and law causing accidents; failure to operate in correct sections, lanes, failure to maintain safety distance between 2 vehicles as per the law thus causing accidents or entering roads erected with signs prohibiting entry of operated vehicles, going against traffic direction on one-way roads or on roads erected with “Cấm đi ngược chiều” (No entry) signs causing accidents, except for violations specified in Point d Clause 8 of this Article;
c) Operating the 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, a motorcyclist causing an accident by unsafely changing directions will be fined from 4,000,000 VND to 5,000,000 VND and will have the driving license suspended for from 2 to 4 months.
Is a motorcyclist causing an accident by unsafely changing directions in Vietnam subject to criminal prosecution?
According to Article 260 of the Criminal Code 2015, amended by Clause 72, Article 1 of the Law amending the Criminal Code 2017, the regulations on road traffic offenses are as follows:
Article 260. Road traffic offences
1. Any person who violates road traffic rules and causes damage for another person in any of the following circumstances shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment:
a) The offence results in the death of a person;
b) The offence causes ≥ 61% WPI for another person;
c) The offence causes a total WPI of 61% - 121% for more than one person.
d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.
2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:
a) The offender does not have a driving license as prescribed;
b) The offender is under the influence of alcohol and with blood or breath alcohol content above the limit, or under the influence of drugs or other strong stimulants;
c) The offender leaves the site after causing the accident to evade responsibility or refuses to help the victim;
d) The offender fails to comply with the traffic controller's commands;
dd) The offence results in the death of 02 people;
e) The offence causes a total WPI of 122% - 200% for more than one person;
g) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence results in the death of ≥ 03 people;
b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The offence results in property damage assessed at ≥ VND 1,500,000,000.
4. If a road traffic offence that is likely to have any of the consequences mentioned in Point a, b, c Clause 3 of this Article is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment.
5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
Thus, a motorcyclist causing a fatal accident by changing directions shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment.
The offender may also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
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