What is the information of the Record of the examination of the traffic accident scene in Vietnam?
- What is the information of the Record of the examination of the traffic accident scene in Vietnam?
- How to conduct the examination of the traffic accident scene in Vietnam?
- Vietnam: Is the act of deliberately refusing to rescue victims of traffic accidents when having conditions to do so strictly prohibited?
What is the information of the Record of the examination of the traffic accident scene in Vietnam?
Pursuant to Clause 5, Article 9, Circular 63/2020/TT-BCA stipulates as follows:
The content of the autopsy record must record the start and end time of the examination, location, and participants in the examination; the condition of the scene before the examination, the weather and lighting conditions when conducting the examination, and the examination process; As follows:
- General scene description such as:
+ Location of the accident on a one-way or two-way street; Kind of median strip of the road.
+ Width of road surface and sidewalk.
+ Road signaling system; Barriers, guardrail walls, obstacles on the road.
+ Characteristics and shape of the road (flat or steep, straight or curved, obscured or unobstructed visibility).
+ Road surface made of cement concrete, asphalt, crushed stone, or soil; Road surface condition (flat, smooth, cracked, slippery).
- Record the numbering and location of victims, exhibits, vehicles, and traces.
- Record the determination of the standard object (landmark point), the edge of the standard line, and the direction of field examination.
- Describe the location and characteristics of the victim, exhibits, vehicles, and traces on the scene according to sequential numbers as marked on the scene.
- Record specifically the number of exhibits, vehicles, traces discovered, collected and preserved, and comparison samples.
- Record the process of using specialized electronic scene modeling equipment to measure the location and characteristics of victims, exhibits, vehicles, traces on the scene, draw the scene or take photos of the scene, Rotate camera (if any).
What is the information of the Record of the examination of the traffic accident scene in Vietnam?
How to conduct the examination of the traffic accident scene in Vietnam?
Pursuant to Clause 4, Article 9, Circular 63/2020/TT-BCA stipulates that the examination of the traffic accident scene is conducted as follows:
When conducting a scene examination, a Record of the examination of the road traffic accident scene must be made according to form No. 05/TNDB issued under Circular 63/2020/TT-BCA and draw a Road traffic accident scene diagram according to form No. 06/TNDB issued according to Circular 63/2020/TT-BCA; The scene diagram must be consistent with the scene examination record.
The specific scene examination is as follows:
- Observe the entire area where the traffic accident occurred to determine the location of victims, exhibits, vehicles, and traces related to the traffic accident at the scene.
- Based on the direction of the examination, landmarks at the scene are to mark according to natural numbers the location of all victims, exhibits, vehicles and traces related to the traffic accident.
- Take photos of the scene including: General scene photos, partial scene photos, camera recording (if any); Take photos of the victim, exhibits, vehicles, and relevant traces and set a scale. Take photos of the scene must be made into a Photocopy of the scene, arranged in order, and have photo captions.
- Measure and draw traffic accident scene diagrams: Use consistent symbols and units of measurement; fully demonstrate the traffic organization (system of signs, road markings, roundabouts, signal lights and other relevant signaling systems) where the accident occurred; The legend must show the drawing scale, traces, and symbols on the field diagram.
- Collect evidence, vehicles, and traces to preserve and take samples for comparison in accordance with the provisions of law. Traces that are easily changed or deformed must be collected and preserved immediately such as: Blood stains, fur, hair, fibers, gasoline, oil, and other organic chemical traces.
Vietnam: Is the act of deliberately refusing to rescue victims of traffic accidents when having conditions to do so strictly prohibited?
According to Article 8 of the Law on Road Traffic 2008 (amended by Clause 1, Article 35 of the Law on prevention and control of harmful effects of alcoholic beverages 2019), regulations on prohibited acts in the field of road traffic are as follows:
- Destroying roads, road bridges, tunnels and ferry landing stages, light signals, marker posts, signs, dome mirrors, median strips, water drainage systems and other works and equipment of road traffic infrastructure.
- Illegally digging, drilling and cutting roads; illegally placing or erecting hurdles on roads; placing and spreading pointed objects, pouring lubricants on roads; illegally leaving materials, wastes and garbage on roads; illegally opening passages and linking to main roads; illegally encroaching, occupying or using land of roads and road safety corridors; opening manhole covers without permission, illegally dismantling, removing or falsifying road works.
- Illegally using roadbeds, roadsides and pavements.
- Putting motor vehicles and special-use machines which fail to satisfy technical safety and environmental protection criteria into operation on roads.
- Changing the chassis, components and accessories of motor vehicles in order to temporarily achieve their technical criteria before taking them for inspection.
- Taking part in, cheering or organizing illegal vehicle races, driving vehicles recklessly on crowded streets or in zigzags.
- Operating a road motor vehicle while there is narcotic in the operator’s body.
- Operate vehicles under the influence of alcohol
- Operating a motor vehicle without a driver license as prescribed.
Operating a special-use vehicle on the road without a certificate of training in knowledge about the road traffic law, a license or certificate of operation of special-use vehicle.
- Assigning one’s motor vehicle or special-use vehicle to another person ineligible for operating vehicles in road traffic.
- Operating a motor vehicle at a speed beyond the prescribed speed limit, recklessly passing or overtaking.
- Honking and opening the throttle continuously; honking during the time from 22:00 hrs to 05:00 hrs, blowing the hoot, using driving lamps in urban and populous areas, except for priority vehicles moving on duty as provided for by this Law.
- Fitting and using the horn and lamps at variance with the manufacturer design for each type of motor vehicles; using audible devices badly affecting traffic order and safety and public order.
- Transporting goods banned from circulation, illegally transporting, or failing to fully observe regulations on transportation of, dangerous cargoes or wild animals.
- Threatening, offending and fighting over passengers; compelling passengers to use services against their will; employing transshipment, disembarking passengers or committing other acts to evade detection of the carriage of cargoes or passengers in excess of prescribed limits.
- Conducting commercial transportation by car when failing to meet all business conditions as prescribed.
- Absconding after causing accidents in order to shirk responsibility.
- Deliberately refusing to rescue victims of traffic accidents when having conditions to do so.
- Infringing upon the lives, health and property of traffic accident victims and causers.
- Taking advantage of traffic accidents to assault, intimidate, incite, pressure, foment disorder or obstruct the handling of traffic accidents.
- Abusing one’s position, power or profession to breach the road traffic law.
- Illegally manufacturing, using or buying or selling number plates of motor vehicles and special-use vehicles.
- Acts of breaching road traffic rules and other acts endangering road users and vehicles in road traffic.
According to the above regulations, the act of deliberately refusing to rescue victims of traffic accidents when having conditions to do so is strictly prohibited.
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