How will penalties be applied for not wearing helmets and causing accidents while riding motorcycles?
First, the act of your sibling operating a motorcycle without wearing a helmet while participating in traffic is a violation under the law as stipulated at Point i Clause 2 Article 6 of Decree 100/2019/ND-CP as follows:
- A fine of VND 200,000 to VND 300,000 shall be imposed on the operator of a vehicle who commits one of the following violations:
"Not wearing a 'helmet for motorcycle riders' or wearing a 'helmet for motorcycle riders' without fastening the strap correctly while operating a vehicle participating in road traffic;"
Second, when participating in traffic, your sibling caused a traffic accident but did not stop and fled home, which is a violation under the law as stipulated at Point d Clause 7 Article 6 of Decree 100/2019/ND-CP as follows:
- A fine of VND 4,000,000 to VND 5,000,000 shall be imposed on the operator of a vehicle who commits one of the following violations:
"Causing a traffic accident without stopping, not preserving the accident scene, fleeing or failing to report to the competent authority, and not participating in rescuing the injured person(s);"
In addition, at Point d Clause 10 Article 6 Decree 100/2019/ND-CP, it is stipulated as follows:
Besides the monetary penalty, the vehicle operator who commits the violation shall also face additional penalties as follows:
- Conducting the acts as specified at Point b Clause 6; Point d Clause 8; Clause 9 of this Article shall result in the revocation of the driver's license for 03 months to 05 months;
=> So, in this case, your sibling will face a fine of VND 200,000 to VND 300,000 for not wearing a helmet while operating the vehicle, and a fine of VND 4,000,000 to VND 5,000,000 for causing a traffic accident without stopping, and simultaneously have their driver's license revoked for 03 to 05 months.
- At Point k Clause 1 Article 10 of the Law on Handling Administrative Violations 2012, it is stipulated:
The following circumstances are aggravating circumstances:
- Evading, concealing the administrative violation after committing it;
- …"
=> Therefore, if your sibling causes a traffic accident and evades or conceals their violation, this act constitutes an aggravating circumstance of their offense. You should advise your sibling to report to the competent authority as soon as possible to resolve it.
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