What is the administrative fine for turning without yielding to wheelchairs for disabled people in Vietnam?
Are wheelchairs for disabled people considered road rudimentary or motor vehicles in Vietnam?
Under the provisions of Clause 19, Article 3 of the Road Traffic Law 2008, the definition of a road rudimentary vehicle is as follows:
Explanation of Terms
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19. Road rudimentary vehicle (below referred to as rudimentary vehicle) means bicycle (including motor bicycle), pedicab, vehicle for the disabled, animal-drawn cart and the like..
Thus, wheelchairs for disabled people are considered road rudimentary vehicles according to road traffic law.
What are the penalties for turning without yielding to wheelchairs for disabled people in Vietnam?
What are the penalties for turning without yielding to wheelchairs for disabled people in Vietnam?
Under the provisions of Clause 1, Article 5 of Decree 100/2019/ND-CP (amended by Point i, Clause 34, Article 2 of Decree 123/2021/ND-CP) on administrative penalties imposed upon operators of cars and car-like vehicles violating traffic rules concerning wheelchairs for disabled people participating in traffic:
Penalties imposed upon operators of cars and car-like vehicles violating traffic rules
1. A fine ranging from VND 300,000 to VND 400,000 shall be imposed upon a vehicle operator who commits any of the following violations:
a) Failure to comply with road signs and road markings, except for violations specified in Points a, d, g, h, i and k Clause 2; Points a, d, dd, e, k, l, o, r and s Clause 3; Points b, c, d, dd and i Clause 4; Points a, c, d, dd, e, g and i Clause 5; Points a and b Clause 6; Points a and c Clause 7; Point a Clause 8 of this Article;
b) Turning without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks, or without yielding to non-motorized vehicles running in the cycle lane.
c) Turning without yielding to oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks;
d) Stopping or parking without signaling;
dd) Occupying part of the roadway when parking on the street without placing a warning sign as prescribed, except for the violations specified in Point c Clause 6 of this Article and parking at permissible positions;
e) No placement of signs in front of the towing vehicle and behind the towed vehicle; operating a tractor-trailer without signs as prescribed;
g) Honking from 10 pm to 5 am in urban and residential areas, except for emergency vehicles on duty as per the law;
In addition, operators of motorcycles turning without yielding to wheelchairs for disabled people when participating in traffic will be subject to administrative penalties as prescribed in Clause 1, Article 7 of Decree 100/2019/ND-CP as follows:
Penalties imposed upon operators of tractors and heavy-duty vehicles (hereinafter referred to as vehicles) violating traffic rules
1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon a vehicle operator who commits any of the following violations:
a) Failure to comply with road signs and road markings, except for violations specified in Points a, b, c, d, dd and e Clause 2; Points a, b, c, dd , h and i Clause 3; Points a, b, c, d, dd and g Clause 4; Points a, c and dd Clause 5; Points a and b Clause 6; Point a Clause 7; Points a and b Clause 8 of this Article;
b) Turning without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks, or without yielding to non-motorized vehicles running in the cycle lane;
c) Turning without yielding to the oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks.
Thus, depending on the mode of transportation, the vehicle operator may be fined according to the above-mentioned fines for turning without yielding to wheelchairs for disabled people.
Are disabled people required to hold driving licenses when participating in traffic in Vietnam?
According to the provisions of Clause 1, Article 33 of the Road Traffic Law 2008 regarding disabled people participating in traffic:
Disabled, old road-users
1. Disabled persons traveling in wheel chairs propelled by themselves may travel on pavements and marked pedestrian crossings.
2. Visually handicapped persons, when traveling on roads, must be led by other persons or have a device to signal other persons that they are visually handicapped.
3. Everyone has the duty to assist disabled persons and old persons in crossing roads.
On the other hand, Clause 3, Article 59 of the Road Traffic Law 2008 provides for driving licenses as follows:
Drivering licenses
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2. Drivering licenses with unlimited validity are of the following categories:
a/ Category A1, granted to drivers of motorcycles with a cylinder capacity of between 50 cm3 and under 175 cm3;
b/ Category A2, granted to drivers of motorcycles with a cylinder capacity of 175 cm3 or higher and those prescribed for category-A1 drivering licenses;
c/ Category A3, granted to drivers of three-wheeled motor vehicles and those prescribed for category-A1 drivering licenses and similar vehicles.
3. Disabled people operating three-wheeled motor vehicles designed for them shall be granted category-A1 drivering licenses.
Thus, disabled people participating in traffic must meet the conditions regarding driving licenses as prescribed above.
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