The Ministry of Transport proposes to strengthen inspection in Vietnam of vehicle loads right at ports, yards and cargo gathering places from June 7, 2022?
Strengthen inspection and control of the load of means of transport right at ports, wharves, and cargo gathering places?
On June 7, 2022, the Ministry of Transport issued Official Letter 5631/BGTVT-ATGT 2022 requesting localities and the Vietnam Automobile Transport Association to direct units to strengthen their work. control vehicle load during the peak season from June 15 to July 15, 2022. According to the content of this Official Letter, the Ministry of Transport has the following proposal:
"first. The People's Committees of the provinces and centrally-run cities direct the Department of Transport, the Provincial Public Security and local authorities to:
- Actively coordinate in deploying vehicle load control in the locality by means of a mobile vehicle load test station and equipped vehicle load checking weighing devices; strictly handle violations, especially during the peak period of vehicle load inspection and control nationwide from June 15 to July 15, 2022;
- Strengthening functional forces to inspect and handle violations of vehicle load, truck body size, especially the control of vehicle load right at upstream areas (such as ports, wharves and yards) , railway stations, material mines, places where goods are loaded onto cars...);
- Work closely with the authorities of the Directorate for Roads of Vietnam to control vehicle load in the local area;
- Continue to propagate and disseminate legal provisions on vehicle load, damage caused by overloaded vehicles, regulations on penalties for administrative violations against drivers and vehicle owners when violating regulations on vehicle load;
- Strengthening inspection, supervision and requesting transport enterprises, cargo handling enterprises, material mines... to strictly implement the signed commitment not to over-load the vehicle. convenient; strictly handle enterprises violating regulations on vehicle load.
2. Request the Vietnam Automobile Transport Association to strengthen coordination with relevant agencies to promote propaganda, dissemination and education of the law on road traffic and mobilize members to strictly abide by the regulations provisions of the law on the load, the size limit of the vehicle and of the bridge, road and the expansion of the tank in violation of the regulations.”
Accordingly, the Ministry of Transport has issued the above directives to strengthen the control of vehicle loads during the peak season from June 15 to July 15, 2022.
The Ministry of Transport proposes to strengthen inspection in Vietnam of vehicle loads right at ports, yards and cargo gathering places from June 7, 2022?
How will the act of carrying goods exceeding the allowable load be administratively sanctioned?
Pursuant to Article 24 of Decree 100/2019/ND-CP stipulates as follows:
“Article 24. Penalties for drivers of trucks, tractors (including towed trailers or semi-trailers) and vehicles similar to cars transporting goods in violation of transport regulations road load
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2. A fine of between VND 800,000 and VND 1,000,000 shall be imposed for one of the following violations:
a) Operating a vehicle (including trailers and semi-trailers) carrying goods exceeding the permitted weight (cargo volume) to participate in traffic as stated in the Certificate of technical safety and environmental protection. vehicle market is over 10% to 30% (except for liquid tankers), over 20% to 30% for liquid tankers;
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5. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following violations:
a) Operating a vehicle (including trailers and semi-trailers) carrying goods exceeding the permitted weight (cargo volume) to participate in traffic as stated in the Certificate of technical safety and environmental protection. vehicle's field of over 30% to 50%
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6. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for one of the following violations:
a) Operating a vehicle (including trailers and semi-trailers) carrying goods exceeding the permitted weight (cargo volume) to participate in traffic as stated in the Certificate of technical safety and environmental protection. field of vehicle over 50% to 100%;
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7. A fine of between VND 7,000,000 and 8,000,000 shall be imposed for one of the following acts:
a) Operating a vehicle (including trailers and semi-trailers) carrying goods exceeding the permitted weight (cargo volume) to participate in traffic as stated in the Certificate of technical safety and environmental protection. field of vehicle over 100% to 150%;
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8. A fine of between VND 8,000,000 and 12,000,000 shall be imposed for one of the following acts:
a) Operating a vehicle (including trailers and semi-trailers) carrying goods exceeding the permitted weight (cargo volume) to participate in traffic as stated in the Certificate of technical safety and environmental protection. vehicle field is over 150%;”
Thus, when performing the act of operating a cargo vehicle in excess of the allowable tonnage when participating in traffic, it will be based on the exceeded load to determine the level of administrative penalty for the driver. transport.
In addition to being administratively sanctioned, vehicle drivers will also be subject to additional sanctions under Clause 9 Article 24 of Decree 100/2019/ND-CP (amended by point d, Clause 13). Article 2 of Decree 123/2021/ND-CP) is as follows:
“Article 24. Penalties for drivers of trucks, tractors (including towed trailers or semi-trailers) and vehicles similar to cars transporting goods in violation of transport regulations road load
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9. In addition to being fined, vehicle drivers committing violations shall also be subject to the following additional sanctioning forms:
a) Committing the acts specified at Points b and c, Clause 2; point b, clause 3; point b, point c clause 4; Clause 5; Points a, b, and d, Clause 6 of this Article shall be deprived of the right to use the driving license from 1 to 3 months;
b) Committing the acts specified in Clause 7, Point c, Clause 8, Clause 8a of this Article, the right to use the driving license shall be revoked from 02 months to 04 months;
c) Committing the acts specified at Points a and b, Clause 8 of this Article, the right to use the driving license shall be revoked from 03 to 05 months;
d) Committing the act specified at Point d, Clause 6 of this Article, the badges have expired or are not issued by a competent authority.”
Thus, vehicle drivers violating the allowable load will be subject to additional sanctions as above.
Will the vehicle owner violate the allowable load to be administratively sanctioned when that vehicle is sanctioned?
Pursuant to Article 30 of Decree 100/2019/ND-CP (amended by point o, clause 17, Article 2 of Decree 123/2021/ND-CP) as follows:
“Article 30. Sanctions of vehicle owners who violate regulations related to road traffic
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7. A fine ranging from VND 2,000,000 to VND 4,000,000 for individuals, from VND 4,000,000 to VND 8,000,000 for organizations that are owners of cars, tractors, special-use motorcycles and other vehicles Similarly, a car commits one of the following violations:
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i) Handing over the vehicle or letting the employee or representative drive the vehicle to commit the violations specified at Point b, Clause 2, Article 24 of this Decree or directly operate the vehicle to commit the violation. specified at Point b, Clause 2, Article 24 of this Decree;
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9. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on individuals, from 12,000,000 VND to 16,000,000 VND on organizations that are owners of cars, tractors, special-use motorcycles and other vehicles. Similarly, a car commits one of the following violations:
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d) Hand over the vehicle or let the employee or the vehicle driver's representative commit the violations specified at Points a, d, Clause 5, Article 24 of this Decree or directly operate the vehicle to perform the act. violations specified at Points a and d, Clause 5, Article 24 of this Decree;
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10. A fine ranging from VND 14,000,000 to VND 16,000,000 for individuals, from VND 28,000,000 to VND 32,000,000 for organizations that are owners of cars, tractors, special-use motorcycles and other vehicles Similarly, a car commits one of the following violations:
a) Deliver the vehicle or let the employee or the vehicle driver's representative commit the violations specified at Points a and b, Clause 6, Article 24 of this Decree, or directly operate the vehicle to execute the act. violations specified at Points a and b, Clause 6, Article 24 of this Decree;
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11. A fine ranging from VND 16,000,000 to VND 18,000,000 shall be imposed on individuals, from 32,000,000 VND to 36,000,000 VND on organizations that are owners of cars, tractors, special-use motorcycles and other vehicles. similar to a car when handing over the vehicle or letting an employee or representative drive the vehicle to commit the violations specified in Clause 7 Article 24 of this Decree or directly operate the vehicle to commit the act. violating the provisions of Clause 7 Article 24 of this Decree.
12. A fine ranging from VND 18,000,000 to VND 20,000,000 shall be imposed on individuals, from 36,000,000 VND to 40,000,000 VND on organizations that are owners of cars, tractors, special-use motorcycles and other vehicles. Similarly, a car commits one of the following violations:
a) Hand over the vehicle or let the employee or the vehicle driver's representative commit the violations specified at Points a and b, Clause 8, Article 24 of this Decree, or directly operate the vehicle to perform the act. violations specified at Points a and b, Clause 8, Article 24 of this Decree;”
Thus, if the vehicle owner is an individual or an organization, there will be different levels of administrative sanctions. In addition to being administratively sanctioned according to th above provisions, vehicle owners will also be subject to additional penalties as prescribed by law.
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