Traffic inspector and traffic police, who has the higher authority? In what cases are traffic inspectors allowed to stop and penalize violators?
In what cases are traffic inspectors allowed to stop and penalize violators?
Pursuant to the provisions of Article 15 of Circular 02/2014/TT-BGTVT of Vietnam stipulating the cases in which traffic inspectors are allowed to stop vehicles and penalize violators as follows:
Cases of stopping road vehicles
Inspectors and inspectors are allowed to stop road vehicles in the following cases:
1. Forcible termination of violations as prescribed in Article 55 of the Law on Handling of Administrative Violations.
2. When detecting a vehicle with the signs specified at Point a, Clause 2, Article 86 of the Law on Road Traffic, specifically as follows:
a) Exceeding the allowable load of bridges and roads;
b) Exceeding the permissible limit of the bridge or road;
c) Crawler vehicles circulate directly on the road without taking measures to protect the road as prescribed;
d) Illegally dumping soil, construction materials and other scraps onto roads or into road safety corridors.
According to the above regulations, inspectors are allowed to stop vehicles in case they detect the following signs:
- Exceeding the allowable load of bridges and roads;
- Exceeding the allowable gauge limit of bridges and roads;
- Crawler vehicles traveling directly on the road do not take measures to protect the road as prescribed;
- Illegally dumping soil, construction materials, and other scraps onto roads or road safety corridors.
Thus, in addition to the above 4 cases, the traffic inspector is only allowed to stop the vehicle when there is a traffic police or other police force.
At the same time, in case the police force has not arranged enough personnel to operate at the vehicle load inspection station, the Department Inspector will stop the vehicle, make a violation record, and penalize violations according to Directive 11/CT-BGTVT of Vietnam.
Traffic inspector and traffic police, who has the higher authority? In what cases are traffic inspectors allowed to stop and penalize violators? (Image from the Internet)
Traffic inspector and traffic Police, who has the higher authority?
According to the provisions of Clause 1 Article 16 of Circular 65/2020/TT-BCA of Vietnam specifying cases in which the traffic police are allowed to stop vehicles as follows:
Traffic police carrying out patrolling and controlling tasks according to the plan may stop traffic for control in the following cases:
- Directly detect or through professional technical means and equipment detect and record violations of the law on road traffic and other violations of the law;
- Implement orders and plans on general control of road vehicles, plans on patrol, control and handling of violations according to thematics approved by competent authorities;
- There is a written request of the head or deputy head of the investigating agency; A written request from the relevant functional agency on stopping the means of traffic for control in service of ensuring security and order, fighting against crime and other illegal acts. The written request must specify the time, route and means of traffic to stop for control, handling, and forces participating in coordination;
- Reporting, reporting, recommendations and denunciations of organizations and individuals about illegal acts of people and vehicles participating in road traffic.
Thus, both traffic inspectors and traffic police have the right to stop vehicles in traffic to impose fines.
However, traffic inspectors are only allowed to stop vehicles for administrative inspection in cases where they detect administrative violations infringing on road works as mentioned in the above regulations.
Traffic police have the right to stop vehicles for administrative inspection in cases of detecting administrative violations that infringe on traffic order and safety.
What are the requirements for stopping and controlling traffic vehicles?
As for the regulations on stopping and controlling traffic vehicles, Clause 2 Article 16 of Circular 65/2020/TT-BCA of Vietnam specifically stipulates as follows:
The stopping and controlling of vehicles must satisfy the following requirements:
- Safe, in accordance with the law, not obstructing traffic activities. When the vehicle has stopped, it must control and handle violations (if any) in accordance with law;
- When stopping and controlling at one point, at the Traffic Police Station, the requirements specified at Point a of this Clause and the following requirements must be met:
Set up barricades with cone-shaped stakes or tensioned ropes along the road in the part of the road, the lane close to the curb or sidewalk to form an area to ensure traffic order and safety according to the regulations of the Ministry of Public Security on the implementation of democracy in the work of ensuring traffic order and safety. The minimum length of the barrier section is 100m for expressways, 50m for national highways and 30m for provincial roads, district roads, urban roads, communal roads and special-use roads;
Areas ensuring traffic order and safety must comply with the provisions of the law on road traffic and other relevant laws; sufficient area to arrange and install technical and professional means and equipment, control and handle violating vehicles; arrange traffic police to guide, regulate traffic and ensure traffic safety. In case of control on highways, sign No. 245a “Đi chậm” ("Travel slowly") or sign No. 245b (for Asian Highways) must be placed in front of the Traffic Police Team in the direction of traffic to be controlled according to the provisions of the law on road signs;
- When stopping and controlling vehicles on expressways, the requirements specified at Points a and b of this Clause and the following requirements must be met:
When controlling at a point, only vehicles are allowed to stop traffic to control and handle violations at the following locations: Tollgate area, starting and ending points of highways;
When patrolling, mobile control is only allowed to stop traffic in the emergency vehicle stop lane to control and handle violations in the following cases: Detecting serious traffic safety and order violations, dangerous chance to cause immediate traffic loss; coordinate the fight against crime; reporting and denouncing illegal acts of people and means of traffic traveling on highways; detecting traffic stopping or parking improperly on the highway. When the case is solved, it is necessary to clean up the stakes, tension lines, signs and move them immediately.
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