15/05/2023 11:20

What are the penalties for installing and using priority signal transmitters contrary to regulations in Vietnam?

What are the penalties for installing and using priority signal transmitters contrary to regulations in Vietnam?

I see many vehicles with priority lights and horns but not the right-of-way; will they be fined? I'm looking forward to your answer!_Minh Luan(Ca Mau, Vietnam)

Hello, Lawnet would like to answer as follows:

1. Vehicles entitled to priority rights in Vietnam

According to Article 22 of the Law on Road Traffic in 2008, there are 05 types of vehicles entitled to priority rights, including:

- Fire engines traveling on duty;

- Military vehicles and police vehicles on urgent duty; motorcades led by police cars;

- Ambulances on duty;

- Dike-watch vehicles, vehicles employed in overcoming natural disasters or epidemics or in a state of emergency as prescribed by law;

- Funeral vehicle processions.

Except for funeral vehicle processions, the remaining 04 types of vehicles when traveling on duty, shall give signals by means of horn, banner and light according to regulations; are not restricted in speed; may enter one-way roads from the opposite direction and other roads open to traffic, even go through the red light, and must only follow the instructions of persons directing traffic.

According to Article 1 of Decree 109/2009/ND-CP, the signal generators of the emergency vehicles consist of:

- Priority signal horn;

- Priority flag

- Priority signal light

Note: When recognizing the signals of priority vehicles, road users shall promptly slow down, give way or pull in to the right edge of the carriageway to give way. They may not obstruct priority vehicles.

2. Regulation on vehicles upon exercising emergency duty in Vietnam

According to Article 3 of Decree 109/2009/ND-CP, regulations on vehicles upon exercising emergency duty are as follows:

- Military vehicles on emergency duty include:

+ Military vehicles performing the command of fighting, rescue, salvage, tactical and information command, performance of express duties, command of operation groups;

+ Vehicles on duty of military control, inspection of military vehicles, group protection;

+ Vehicles on duty of seizing, searching or performing activities of investigation, escorting criminals, and taking part in prevention and fighting of terrorists.

- Police vehicles on emergency duty include:

+ Vehicles on duty of seizing, searching or conducting investigation activities, escorting criminals, opposing demonstration, riots, dispersing crowds of public order disturbance,

+ Vehicles on duty of traffic control patrolling, command of terrorist fighting, information and performance of express duties, command of operation group.

- The ambulance vehicles on first aid duty are the ones carrying emergency patients or going to pick up emergency patients

- The vehicles on duty in the state of emergency are the ones going to perform the special measures upon serious threatening situation to the national security and social order and safety or upon major disaster and dangerous epidemics.

3. What are the penalties for installing and using priority signal transmitters contrary to regulations in Vietnam?

According to Article 5 of Decree 100/2019/ND-CP stipulating penalties for administrative violations in the field of road and railway traffic.

According to Point e, Clause 2, Article 5 of Decree 100/2019/ND-CP stipulating the behavior of car drivers who are not entitled to priority but install and use priority signaling devices in Section 1, you will be fined from VND 400,000 to VND 600,000, specifically:

+ Vehicles have the right of priority to install or use priority signal transmitters in contravention of regulations.

+ Vehicles using priority signal transmitters without a license issued by a competent authority.

+ The vehicle has a license issued by a competent authority but is no longer valid for use as prescribed.

Hua Le Huy
218


Please Login to be able to download
Login
Register

  • Address: 17 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286 (6 lines)
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd
Editorial Director: Mr. Bui Tuong Vu - Tel. (028) 7302 2286
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;