07:45 | 23/07/2024

Are drivers allowed to use high beam headlights when driving in densely populated areas? How is the act of using high beam headlights improperly penalized?

Is the driver allowed to use high beams when driving in a densely populated area? Is this behavior subject to penalties? - Question from Ms. Uyen (Hanoi)

Are drivers allowed to use high beams when driving in densely populated areas?

According to the provisions of Clause 12, Article 8 of the Road Traffic Law 2008 regarding prohibited acts when participating in road traffic as follows:

Prohibited acts

1. Destroying roads, bridges, tunnels, ferries, traffic lights, stakes, signs, mirrors, medians, drainage systems, and other works, equipment belonging to road traffic infrastructure.

2. Illegally digging, drilling, or cutting roads; placing unauthorized obstacles on roads; placing or spreading sharp objects, spilling slippery substances on roads; illegally leaving materials and waste on roads; opening roads, making unauthorized connections to main roads; encroaching on or illegally using road land, road safety corridors; unauthorized removal, dismantling, moving, or altering road works.

3. Illegally using roadbeds, sidewalks, or road easements.

4. Operating motor vehicles, specialized machines without ensuring technical safety and environmental protection standards on roads.

5. Modifying major components, parts, and accessories of motor vehicles to temporarily meet technical standards for vehicle inspection.

6. Racing vehicles, inciting vehicle races, organizing illegal vehicle races, zigzagging, swerving.

7. Operating road vehicles while under the influence of drugs.

8. Operating automobiles, tractors, specialized machines on roads with a blood or breath alcohol concentration.

Operating motorcycles, motorbikes with a blood alcohol concentration exceeding 50 milligrams/100 milliliters of blood or 0.25 milligrams/liter of breath.

9. Operating motor vehicles without a driving license as prescribed.

Operating specialized machines on roads without a certificate of legal knowledge about road traffic or a certificate of operation of specialized machines.

10. Assigning motor vehicles, specialized machines to individuals who do not meet the conditions to operate the vehicles on roads.

11. Operating motor vehicles exceeding the speed limit, aggressively overtaking.

12. Honking, continuously revving the engine; honking from 10 PM to 5 AM, honking air horns, using high beams in urban areas and densely populated areas, except for priority vehicles on duty as per the law.

13. Installing and using horns and lights not according to the manufacturer's design for each type of motor vehicle; using sound equipment causing public disorder.

14. Transporting prohibited goods, transporting illegally, or failing to fully comply with regulations on transporting dangerous goods, wild animals.

15. Threatening, insulting, competing for, or pulling passengers; forcing passengers to use unintended services; transferring, unloading passengers, or engaging in other acts to evade detection of overloaded or over-capacity vehicles.

The driver is not allowed to use high beams in urban areas and densely populated areas.

Are drivers allowed to use high beams when driving in densely populated areas? Is the above behavior subject to penalty?

Are drivers allowed to use high beams when driving in densely populated areas? How is the behavior of using high beams not conformable penalized?

How is the behavior of using high beams at night in urban areas penalized?

Based on Point b, Clause 3, Article 5 of Decree 100/2019/ND-CP which stipulates as follows:

Sanctioning drivers of automobiles and similar vehicles for violating road traffic rules

...

3. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed on drivers committing one of the following violations:

a) Operating a vehicle exceeding the speed limit by 5 to less than 10 km/h;

b) Honking, continuously revving the engine; honking air horns, using high beams in urban areas or densely populated areas, except for priority vehicles on duty as prescribed;

...

Thus, according to the above regulations, drivers who use high beams in urban or densely populated areas at night may be fined up to VND 1,000,000.

Is the behavior of using high beams when driving in densely populated areas at night subject to license revocation?

In addition to fines, drivers who use high beams in densely populated areas at night could be subject to additional penalties as stipulated in Point c, Clause 11, Article 5 of Decree 100/2019/ND-CP:

Sanctioning drivers of automobiles and similar vehicles for violating road traffic rules

...

11. In addition to fines, drivers committing the following violations shall be subject to additional penalties:

...

c) Committing the acts specified in point c, clause 5; point a, point b, clause 6; clause 7 of this Article shall have their driving license revoked for 2 to 4 months. Committing violations specified in any of the points and clauses of this Article causing a traffic accident shall have their driving license revoked for 2 to 4 months: point a, point d, point dd, point e, point g, clause 1; point b, point d, point g, clause 2; point b, point g, point h, point m, point n, point r, point s, clause 3; point a, point c, point e, point g, point h, clause 4; point a, point b, point e, point g, point h, clause 5 of this Article;

Thus, according to the above regulations, drivers using high beams when driving in densely populated areas at night may face a fine ranging from VND 800,000 to VND 1,000,000 and may have their driving license revoked for 2 to 4 months.

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