The truck stopped working for a while to repair, now its inspection certificate has expired for 20 days, the driver used it to carry goods. Will the driver be fined?
- The truck stopped working for a while to repair, now its inspection certificate has expired for 20 days, the driver used it to carry goods. Will the driver be fined?
- If a truck whose the inspection certificate has expired for 20 days is still used to carry goods, will the owner be fined?
- If a truck whose the inspection certificate has expired for 20 days is still used to carry goods, will the car be temporarily impounded?
The truck stopped working for a while to repair, now its inspection certificate has expired for 20 days, the driver used it to carry goods. Will the driver be fined?
Pursuant to Article 16 of Decree 100/2019/ND-CP of Vietnam:
“…
4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for:
a) Operating a vehicle without a corresponding certificate of vehicle registration or trailer/semi-trailer registration or using an expired certificate of vehicle registration (including trailers and semi-trailers);
b) Operating a vehicle without a license plate (if license plate is required for respective vehicle);
c) Operating a vehicle with certificate of technical and environmental safety or stamp of technical and environmental safety (if required) that has expired for less than 01 month (including those for trailers and semi-trailer);
d) Installing or using a horn the loudness of which is beyond legal limit on the vehicle;
dd) Operating a vehicle without a decent or functional and conformable brake system.
5. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for:
a) Operating a temporarily registered vehicle beyond its temporary operational period; operating a restricted vehicle beyond its permissible operating area;
b) Operating a vehicle beyond its maximum service life (if limited);
c) Operating an illegally manufactured or assembled vehicle on public road (including modified farm vehicles banned from traffic);
d) Operating a vehicle whose license plate is not consistent with the certificate of registration, or whose a license plate is not issued by a competent authority (including trailers and semi-trailers);
dd) Using a Certificate of technical and environmental safety or stamp of technical and environmental safety or Certificate of vehicle registration that is not issued by a competent authority; using a Certificate of vehicle registration that is not consistent with the chassis or engine number (including trailers and semi-trailers);
e) Operating a vehicle without a certificate of technical and environmental safety or stamp of technical and environmental safety (if required, except for temporarily registered vehicles) or with one that has expired for 01 month or more (including those for trailers and semi-trailer);
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6. Apart from incurring fines, the violating operator shall also incur the following additional penalties:
a) The violation(s) specified in Points a and b Clause 3; Clause 4; Points a and e Clause 5 of this Article shall lead to suspension of driving license from 1 month to 3 months;
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According to the above regulations, the driver driving a car whose the inspection certificate has expired for 20 days will be fined from VND 2,000,000 to VND 3,000,000. At the same time, his/her driving license is temporarily suspended for 1 to 3 months.
The inspection certificate of vehicle has expired
If a truck whose the inspection certificate has expired for 20 days is still used to carry goods, will the owner be fined?
Pursuant to Clause 8 Article 30 of Decree 100/2019/ND-CP of Vietnam:
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8. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed upon an individual, from VND 8,000,000 to VND 12.000.000 upon an organization that commits any of the following violations:
a) Using hired or borrowed car parts and accessories during inspection;
b) Operating a motor vehicle or heavy-duty vehicle on public roads with a certificate of technical and environmental safety or stamp of technical and environmental safety (if required) that has expired for less than 01 month (including those for trailers and semi-trailer);
c) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point b Clause 4 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Point b Clause 4 Article 24 hereof;
d) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point d Clause 6 Article 23; Point b Clause 5 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Point d Clause 6 Article 23; Point b Clause 5 Article 24 hereof;
dd) Operating vehicles that have exceeding service life, except for violations specified in Point I Clause 6 Article 28 hereof;
e) Operating vehicles with certificates of vehicle registration, certificates and stamps certifying technical and environmental safety of the vehicles issued by other than competent authorities or with modified certificates of vehicle registration; operating vehicles with certificates of vehicle registration inconsistent with chassis number of the vehicles (including trailers and semi-trailers);
g) Operating a vehicle without a license plate (if required); or the license plate of which is not consistent with the Certificate of vehicle registration or not issued by a competent authority (including trailers and semi-trailers);
h) Allowing an unqualified person according to Clause l Article 58 (in case of automobiles, tractors and car-like vehicles), Clause l Article 62 (in case of heavy-duty vehicles) of the Law on Road traffic to operate the vehicle on public roads (including those using an expired or revoked driving license or certificates of training in traffic rules);
i) Installing and using devices modifying license plates against regulations and law (including trailers and semi-trailers).
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According to that, if the inspection certificate of a truck has expired for 20 days, the owner will be fined from VND 4,000,000 to VND 6,000,000.
If a truck whose the inspection certificate has expired for 20 days is still used to carry goods, will the car be temporarily impounded?
Pursuant to Clause 1 Article 82 of Decree 100/2019/ND-CP of Vietnam amended by Point a Clause 32 Article 2 of Decree 123/2021/ND-CP coming into force from January 1, 2022:
“1. Pursuant to clauses 2 and 8 Article 125 of the Law on Penalties for Administrative Violations (amended in 2020), to immediately stop the violation, the person entitled to impose penalties is allowed to impound the vehicle before issuing a decision on to impose penalties for the offences specified in the following Articles, clauses and points of this Decree:
a) Point c clause 6; points a and c clause 8; clause 10 of Article 5;
b) Points b and c clause 6; point c clause 7; points a, b, c, d, e, g, h and i clause 8; clause 9 of Article 6;
c) Point c clause 6; point b clause 7; points a and b clause 8; clause 5 of Article 7;
d) Point q clause 1; point e clause 3; punts a, c, d and dd (if the violating vehicle operator is under 16 years of age), point g (if the violating vehicle operator is under 16 years of age) clause 4 of Article 8;
dd) Clause 9 of Article 11;
c) Points a and b clause 4; clause 5; points a, b and c clause 6 of Article 16;
g) Points a, b and c clause 2 of Article 17;
h) Points b and dd clause 1; points c, d, dd and e clause 2 of Article 19;
i) Clause 1; point a clause 4; clause 5; clause 6; clause 7; clause 8; clause 9 of Article 21;
k) Points dd, g, h and k clause 5; points b, e and h clause 8; points c and i clause 9; point b clause 10 of Article 30;
l) Point b clause 5 of Article 33.
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Thus, according to the above regulations, if a truck whose the inspection certificate has expired for 20 days is still used to carry goods, the truck shall be impounded under Point b Clause 8 Article 30 of Decree 100/2019/ND-CP of Vietnam.
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