The vehicle with the permissible payload written on the inspection certificate is 8.8 tons, but it has an actual weight of 16.3 tons, will the inspection certificate be deprived?
- The vehicle with the permissible payload written on the inspection certificate is 8.8 tons, but it has an actual weight of 16.3 tons, how much is the driver’s fine?
- What is the fine of the vehicle owner handing over their vehicle to the driver carrying goods exceeding the permissible load?
- The vehicle with the permissible payload written on the inspection certificate is 8.8 tons, but it has an actual weight of 16.3 tons, will the inspection certificate be deprived?
The vehicle with the permissible payload written on the inspection certificate is 8.8 tons, but it has an actual weight of 16.3 tons, how much is the driver’s fine?
Pursuant to Clause 6 Article 24 of Decree 100/2019/ND-CP of Vietnam:
“…
6. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for:
a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 50% to 100%;
b) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be towed as specified in the certificates for technical safety and environmental protection by exceeding 50% to 100%;
c) Loading and unloading on a freeway;
d) Operating a vehicle a badge (if required) or an unexpired one or one issued by a competent authority.
…
9. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:
a) The violation(s) specified in Points b and c Clause 2; Point b Clause 3; Points b and c Clause 4; Clause 5; Points a, b and d Clause 6 of this Article shall lead to suspension of driving license from 1 month to 3 months;
…”
According to the information you provided, your vehicle has an inspected carrying weight of 8.8 tons but actually has a weight of 16.3 tons, so you have overloaded 7.5 tons.
The percentage of your overload is calculated = 7.5: 8.8 x 100% = 85.2%
As such, your cargo exceeds the volume of cargo written on the certificate of inspection by 85.2%.
Thus, the driver will be fined VND 5,000,000 to VND 7,000,000 and the driver's driving license will be suspended from 1 to 3 months.
What is the fine of the vehicle owner handing over their vehicle to the driver carrying goods exceeding the permissible load?
Pursuant to Clause 10 Article 30 of Decree 100/2019/ND-CP of Vietnam (amended by Point n Clause 17 Article 2 of Decree 123/2021/ND-CP of Vietnam):
“…
10. For owners of motor vehicles and the like, tractors and transport construction machinery: A fine ranging from VND 14,000,000 to VND 16,000,000 shall be imposed on an individual and from VND 28,000,000 to VND 32,000,000 on an organization that commits any of the following offences:
a) Allowing an employee or representative to operate the vehicle committing any of the offences specified in point a, point b clause 6 Article 24 hereof or directly operating the vehicle committing any of the offences specified in point a, point b clause 6 Article 24 hereof;
b) Operating a vehicle without the certificate of vehicle registration or with an expired certificate of vehicle registration; failure to operate a vehicle with the certificate of temporary vehicle registration within the permitted time limit or failure to operate a vehicle with restricted operation areas on the permitted routes or within the permitted areas.
…”
Thus, the owner is fined from VND 14,000,000 to VND 16,000,000.
Overloading cargo, will they be deprived of inspection certificate?
The vehicle with the permissible payload written on the inspection certificate is 8.8 tons, but it has an actual weight of 16.3 tons, will the inspection certificate be deprived?
Clause 15 Article 30 of Decree 100/2019/ND-CP of Vietnam (amended by Point r Clause 17 Article 2 of Decree 123/2021/ND-CP of Vietnam coming force into from January 1, 2022) stipulates as follows:
“…
15. Apart from incurring fines, the violator shall incur the following additional penalties:
a) The offence(s) specified in point b, point d, point h, point i, point k clause 5; point b, point e clause 7; point e, point i clause 8; point i clause 9 of this Article shall lead to confiscation of license plates and certificates of vehicle registration (re-issued); confiscation of forged documents and files; confiscation of license plates, equipment used to modify the license plates, certificates of vehicle registration, certificates of technical and environmental safety inspection, technical and environmental safety inspection stamps and certificates of temporary vehicle registration that are unsatisfactory or erased;
b) The offence(s) specified in point a clause 5, point a clause 7, point dd clause 8, point b clause 9 of this Article shall lead to confiscation of vehicles;
c) The offence(s) specified in points g and h clause 5; point e clause 8, point b clause 10 of this Article in case of failure to have the certificate of vehicle registration or using the certificate of vehicle registration that is not issued by a competent authority, on which the vehicle’s chassis or engine number is incorrect or which is falsified (including trailer and semi-trailer) without any document proving the vehicle’s origin (no document concerning the transfer of vehicle ownership or document concerning the vehicle’s legal origin) shall lead to confiscation of the vehicle;
d) The offence(s) specified in points g, h, i and k clause 5; points g and i clause 7; points b, c, d, dd, e, g and i clause 8; points c, d, h and i clause 9; clause 10; point c clause 12; point dd clause 13 of this Article in case vehicle owners directly operate the vehicles shall lead to suspension of the driver’s license (in case of road vehicles) and certificates of training in traffic rules (in case of transport construction machinery) for 01 - 03 months;
dd) The offence(s) specified in clause 11; point b clause 12; points a, b, c, d, e and g clause 13 of this Article in case vehicle owners directly operate the vehicles shall lead to suspension of the driver’s license (in case of road vehicles) and certificates of training in traffic rules (in case of transport construction machinery) for 02 - 04 months;
e) The offence(s) specified in point a clause 12, clause 14 of this Article in case vehicle owners directly operate the vehicles shall lead to suspension of the driver’s license (in case of road vehicles) and certificates of training in traffic rules (in case of transport construction machinery) for 03 - 05 months;
g) The offence(s) specified in clauses 3 and 6 of this Article in case a vehicle owner directly operates a vehicle exceeding the seating capacity by more than 50% - 100% shall lead to suspension of the driver’s license for 01 - 03 months;
h) The offence(s) specified in clauses 3 and 6 of this Article in case a vehicle owner directly operates a vehicle exceeding the seating capacity by more than 100% shall lead to suspension of the driver’s license for 03 - 05 months;
i) The offence(s) specified in point h clause 7, point d clause 9, point a clause 10, clause 11, point a clause 12 of this Article where the trunk or payload of a vehicle is not conformable with applicable regulations shall lead to suspension of the certificate of technical and environmental safety inspection and inspection stamp for 01 - 03 months;
k) The offence(s) specified in points a, e and g clause 9 of this Article shall lead to confiscation of the certificate of technical and environmental safety inspection or inspection stamp for 01 - 03 months;
l) The offence(s) specified in clauses 3 and 6 of this Article in case of operating a vehicle exceeding the seating capacity by more than 50% shall lead to suspension of badges for 01 - 03 months (if any). The offence(s) specified in point h, point i clause 7; point c, point d clause 9; point a clause 10; clause 11; clause 12; clause 13; clause 14 of this Article shall lead to suspension of badges for 01 - 03 months (if any).”
Thus, you carry goods exceeding the volume of goods recorded in the inspection certificate by 85.2%, and are also deprived of the right to use the driving license from 01 month to 03 months; deprived of the certificate of technical and environmental safety inspection and inspection stamp for 01 - 03 months.
Thus, the vehicle with the volume of cargo recorded in the inspection certificate is 8.8 tons, but the vehicle weighing 16.3 tons will be deprived of the inspection certificate from 01 to 3 months.
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