Is the Driver Subject to a Fine If the Passenger Is Not Wearing a Helmet?

Point k Clause 2 Article 6 of Decree 100/2019/ND-CP stipulates the penalty levels for motorcycle operators as follows:

- A fine ranging from VND 200,000 to VND 300,000 for operators committing one of the following violations:

+ Transporting a person on the vehicle without wearing a “helmet for motorbike, motorcycle riders” or wearing a “helmet for motorbike, motorcycle riders” without fastening the chin strap correctly, except in cases of emergency transport of a sick person, children under 6 years of age, or escorting a person violating the law;

Additionally, Clause 3 Article 11 of Decree 100/2019/ND-CP stipulates as follows:

- A fine ranging from VND 200,000 to VND 300,000 for passengers on motorcycles, mopeds (including electric motorcycles), similar motorbike-like vehicles, similar moped-like vehicles, motorized bicycles (including electric bicycles) without wearing a “helmet for motorbike, motorcycle riders” or wearing a “helmet for motorbike, motorcycle riders” without fastening the chin strap correctly when participating in traffic on roadways.

Thus, your friend (motorcycle operator) and you (passenger) both committed violations when participating in traffic. The traffic police's fine is in accordance with the law.

- The penalty for the motorcycle operator transporting a person without wearing a helmet is: VND 200,000 - VND 300,000.

- The penalty for the passenger on a motorcycle without wearing a helmet is: VND 200,000 - VND 300,000.

Respectfully!