Is there a penalty for using high beam in urban areas when driving a car in Vietnam?

Is there a penalty for using high beam in urban areas when driving a car in Vietnam?

Let me ask, recently about 2 weeks ago I drove a car on the road in an urban area. Because it was at night, I turned on the high beam to go, but the Traffic Police stopped my car and wrote me a ticket for violating the law of turning on the high beam. So I would like to ask, is it correct for the traffic police to make a fine against me like that? If yes, what is my penalty? Thank you.

Reply:

High-beam lights, also known as driving lamps, have strong light intensity, shine farther and have higher visibility, helping drivers see obstacles and signs from afar.

Pursuant to Clause 12, Article 8 of the 2008 Road Traffic Law, regulations on prohibited acts include:

12. 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.

Clause 3, Article 17 of the 2008 Road Traffic Law also stipulates that when passing each other, two motor vehicles moving in the opposite directions may not use the driving lamp.

According to Point b, Clause 3, Article 5 of Decree 100/2019/ND-CP, a fine of from 800,000 VND to 1,000,000 VND will be imposed on continuously honking, revving up the engine, using air horns or high beam in an urban area or residential area, except for emergency vehicles on duty.

At the same time, according to Point c, Clause 11, Article 5 of Decree 100/2019/ND-CP, if the above act causes a traffic accident, the right to use a driver's license will be revoked from 02 months to 04 months.

So, in this case, driving a car using high beams (driving lamps) in urban areas is a violation of traffic safety regulations in Vietnam. Therefore, the fact that you were fined by the police like that is in accordance with the law, the level of punishment for this behavior is as mentioned above.

Is there a penalty for using high beam in urban areas when driving a car in Vietnam? (Image from the Internet)

Is there a penalty for broken car lights while driving in Vietnam?

I'm wondering if in the case of traveling by car, the principle is to turn on the lights when it's dark, will there be a fine if the lights are broken or not?

Reply:

Pursuant to Point d, Clause 1, Article 53 of the 2008 Road Traffic Law, it is clearly stated that cars of the right type allowed to participate in traffic must ensure regulations on quality, technical safety and environmental protection, in That is, there must be equipped with driving and passing lamps, registration plate lamp, stop lamp and signal lamps.

Thus, when traveling, vehicle drivers are obliged to turn on their lights in prescribed cases. Violations will be penalized according to Decree 100/2019/ND-CP.

However, Clause 3 and Clause 4, Article 11 of the Law on Handling of Administrative Violations 2012 stipulates that there will be no sanctions in case of unexpected events or force majeure events as follows:

These following cases shall not be administratively sanctioned:

1. Commit acts of administrative violations in emergency circumstances;

2. Commit acts of administrative violations due to legitimate defense;

3. Commit acts of administrative violations due to unexpected events;

4. Commit acts of administrative violations due to force majeure;

5. The violators do not have administrative liability capacity; the violators commit administrative violations when are not sufficient age to be administratively sanctioned as regulated in point a, clause 1, Article 5 of this Law.

Thus, in case the vehicle's lights are broken during the time when the vehicle's lights must be turned on, but the driver of the vehicle did not know in advance or could not know, he or she will not be subject to an administrative penalty in Vietnam. This does not mean that if the light is broken, you can continue to drive, but when you discover that the car's light is broken and cannot illuminate, you need to try to drive the car to the nearest safe place and take measures or methods to ensure safety for yourself and others when participating in traffic.

Will installing motorbike's lights by myself cause my driver's license to be suspended in Vietnam? 

I use a Wave motorbike, because the motorbike's lights are not reliable, so I installed additional lights. Now that I've been arrested by the police, how much will I be fined and will my driver's license be suspended?

Reply:

According to Clause 13, Article 8 of the 2008 Road Traffic Law, actions are strictly prohibited, including:

13. 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.

At Point e, Clause 1, Article 17 of Decree 100/2019/ND-CP stipulates:

1. Fine from 100,000 VND to 200,000 VND for one of the following violations:

e) Operating a vehicle without a lamp with low beam and a high beam, or without a functional and conformable one;

Based on the above regulations in Vietnam, in case additional lights are installed that do not meet the manufacturer's design standards, a fine of between 100,000 and 200,000 VND will be imposed. For this violation, your right to use your Driver's License will be revoked.

Best regards!