Penalty for Operating a Motorcycle without a Driver's License and Not Carrying It: Are They Different?

Editorial Board, please advise. Is there a difference in the penalty for motorcyclists who do not have a driving license and those who do not carry their driving license?

At Article 21 of Decree 100/2019/ND-CP, there are regulations on penalties for the act of not having a driver's license, not carrying a driver's license as follows:

- In case of forgetting to carry a Driver's License: A fine from 100,000 VND to 200,000 VND. (Except in cases of having an international driver's license but not carrying the national Driver's License).

- In case of not having a Driver's License:

+ A fine from 800,000 VND to 1,200,000 VND for the operator of a two-wheeled motorcycle with an engine capacity under 175 cm³.

+ A fine from 3,000,000 VND to 4,000,000 VND for the operator of a two-wheeled motorcycle with an engine capacity of 175 cm³ or more.

Additionally, the act of riding a motorcycle without a driver's license will also result in the temporary seizure of the motorcycle for up to 07 days before issuing an administrative penalty decision. And the above penalties apply to the operator of the violating vehicle. In case the operator is not the owner of the vehicle, according to the provisions of Article 30 of Decree 100, the vehicle owner will also be fined for the act of "Allowing someone without an appropriate Driver's License to operate the vehicle in traffic" with a fine ranging from 800,000 VND to 2,000,000 VND for individuals, and from 1,600,000 VND to 4,000,000 VND for organizations that own motorcycles.

=> Therefore, according to the above regulations, the penalty for not carrying a driver's license is lower than the act of not having a driver's license.

Editorial board feedback information.

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