Speeding Less Than 10 km/h: Is On-the-Spot Fine Applicable?

According to Point c Clause 2 Article 6 of the Decree 100/2019/ND-CP, the act of operating a motorcycle exceeding the speed limit by 5 km/h to under 10 km/h is subject to a fine ranging from 200,000 VND to 300,000 VND.

On the other hand, Clause 1 Article 56 of the Law on Handling Administrative Violations 2012 stipulates: The administrative penalty without a record is applied in cases where a warning is issued or a fine up to 250,000 VND for individuals and 500,000 VND for organizations, and the authority must issue an administrative penalty decision on the spot.

In cases where administrative violations are detected through the use of technical, professional equipment or devices, a record must be made.

Clause 4 Article 23 of the Law on Handling Administrative Violations 2012 stipulates: The specific fine amount for an administrative violation is the average level of the fine range prescribed for that violation; if there are mitigating circumstances, the fine can be reduced but not below the minimum level of the fine range; if there are aggravating circumstances, the fine can be increased but not beyond the maximum level of the fine range.

Therefore, if you do not have any aggravating or mitigating circumstances, your average fine will be 250,000 VND. When checking for speed violations, the authority must use a speed detection device to check the violation.

Thus, your violation must be recorded and then a penalty decision must be issued.

Sincerely!