Procedure for Conducting Current Waterway Traffic Control
How is the process of controlling waterway traffic conducted?
Pursuant to the provision in Clause 1, Article 9 of Circular 36/2023/TT-BCA, the process of controlling waterway traffic is regulated as follows:
- After issuing a stop order for the vehicle, the officer belonging to the Patrol and Control Team shall guide the vehicle to the shore, dock (if checked at the Station), or side alongside the patrol and control vehicle.
In case the stop location has deep water, complex terrain, narrow channel, or low water, or if stopping the vehicle is difficult, notify the driver to reduce speed and direct the patrol vehicle to align with the controlled vehicle;
- The Team Leader and assigned team members board the vehicle, meet with the vehicle owner or operator, depending on the specific case, the Team Leader or assigned member may greet according to the Police Code of Conduct or verbally greet, introduce rank, full name, position, unit of work; notify the reason, content of the control, and request compliance; conduct the control according to regulations;
- Content and method of control on the vehicle:
+ Control the vehicle's documents, crew members, passengers; control the cargo on the vehicle, the documents of the cargo, and other related documents (hereinafter referred to as documents). When controlling documents, they must be compared with reality to determine the legality of the documents;
+ Control the technical safety and environmental protection conditions of the vehicle: Control by observation, comparing the reality with the vehicle's documents, or using technical equipment in sequence from inside to outside, from top to bottom. If necessary, check on the database or request a specialized agency for assessment;
+ Control transport safety: The draft of the vehicle compared to the safe draft mark; type, quantity, number, specifications, size of cargo, objects, number of actual passengers compared to the vehicle's capacity and safety measures in transport operations;
+ Control other related contents according to legal regulations;
When controlling, there must be a representative of the vehicle owner, crew member, or vehicle operator present. In the absence of these individuals, the control must have a representative from the local authority where the control is conducted or at least one witness.
Once national databases and specialized databases are connected with the electronic identification and authentication system, and information about the validity and utility of the above-mentioned documents is determined (suspended, revoked, withdrawn, confiscated, lost), control can be conducted by checking and comparing the information of these documents on a level 2 electronic identity account, which is valid as direct paper document inspection.
- In cases where the vehicle operator presents the documents, directly check and compare these documents.
In cases where the vehicle operator provides information of the documents in the electronic identification account, check and compare the information of these documents in the electronic identification account.
During the control process, if it is found that the electronic identification account shows signs of being forged or the organization or individual has violations that require temporary seizure, revocation, withdrawal, or confiscation of documents, request the organization or individual to present these documents for legal handling;
- In cases of controlling vehicles transporting flammable, explosive, toxic substances, or other dangerous goods, ensure safety measures to move the vehicle away from residential areas or deserted places for control; if necessary, request specialized agencies to participate in the inspection.
How is the process of controlling waterway traffic conducted today? (Image from the Internet)
How is a waterway traffic violator handled when they refuse to sign the record?
According to Point c, Clause 2, Article 10 of Circular 36/2023/TT-BCA, in case of intentional refusal to sign the record:
Handling violations during patrol and control
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2. In case of administrative penalties with a record:
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c) In cases where the violator, representative of the violating organization is not present at the location of the violation or intentionally avoids or due to objective reasons does not sign or fingerprint the record or is present but refuses to sign or fingerprint the record, the officer drafting the record must clearly state the reason in the record. The Team Leader of the Patrol and Control Team shall invite a representative of the local government where the violation occurs or at least one witness to sign confirming that the individual or organization did not sign the record and must report in writing to the unit head for it to serve as a basis for the authorized person to decide on punishment or use technical equipment to film as a basis for handling; do not erase or alter the contents of the administrative violation record.
In cases where the violator, representative of the violating organization is not present at the location of the violation or intentionally avoids or due to objective reasons does not sign or fingerprint the record or is present but refuses to sign or fingerprint the record, the officer drafting the record must clearly state the reason in the record.
The Team Leader of the Patrol and Control Team shall invite a representative of the local government where the violation occurs or at least one witness to sign confirming that the individual or organization did not sign the record and must report in writing to the unit head for it to serve as a basis for the authorized person to decide on punishment or use technical equipment to film as a basis for handling; do not erase or alter the contents of the administrative violation record.
In which cases can waterway traffic police stop a vehicle for control?
According to Article 8 of Circular 36/2023/TT-BCA, it is regulated about stopping waterway traffic to control:
Stopping vehicles for control
1. Officers performing patrol and control duties according to the plan are allowed to stop vehicles to control in the following cases:
a) Directly detecting or through technical equipment detecting, recording signs of law violations;
b) Implementing the orders, patrol, control plan, operational plan approved by the Fleet Leader, Chief of Traffic Police, Chief of the District Police;
c) Having written request to stop the vehicle from the Head, Deputy Head of the Investigating Agency at all levels, related functional agencies to control serving national security protection, ensuring social order and safety;
d) Reports, denunciations about law violations related to people and vehicles involved in traffic.
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According to the above regulations, officers performing patrol and control duties according to the plan can stop vehicles to control in the following cases:
- Directly detecting or through technical equipment detecting, recording signs of law violations.
- Implementing the orders, patrol, control plan, operational plan approved by the Fleet Leader, Chief of Traffic Police, Chief of the District Police.
- Having written requests to stop the vehicle from the Head, Deputy Head of the Investigating Agency at all levels, related functional agencies to control serving national security protection, ensuring social order and safety.
- Reports, denunciations about law violations related to people and vehicles involved in traffic.
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