Everyone Should Know: 05 Rules for Penalties by Traffic Police for Drivers

1. Penalty Amount is the Average of the Penalty Range

The form of monetary fines for traffic violations is not specified by a fixed amount but based on a penalty range with a minimum and maximum level. Typically, the violator is fined at the average level of the penalty range according to the following formula:

Specific fine amount = (Maximum fine + Minimum fine)/2

Example: The penalty range for not wearing a helmet is from 100,000 VND - 200,000 VND, so the specific fine will be 150,000 VND.

This content is based on the provision in Clause 4, Article 23 of the Law on Handling Administrative Violations 2012.

2. Reduced Penalty at Minimum Level with Mitigating Circumstances, Increased Penalty at Maximum Level with Aggravating Circumstances

As mentioned above, typically, the violator is fined at the average level of the penalty range. However, if the violator has any mitigating circumstances as prescribed by law, the fine amount will be reduced but not below the minimum level of the penalty range. Similarly, if there are aggravating circumstances, the fine amount will be increased but not over the maximum level of the penalty range.

Mitigating and aggravating circumstances are prescribed respectively in Article 9 and Article 10 of the Law on Handling Administrative Violations 2012.

Example: The penalty range for running a red light for motorcycles is from 300,000 VND - 400,000 VND.

+ In case of mitigating circumstances such as being coerced or materially, mentally dependent, the penalty will be the minimum of 300,000 VND.

+ In case of aggravating circumstances such as evasion, the penalty will be the maximum of 400,000 VND.

Illustration (Source internet)

3. May Pay Fine Directly if Violation is Under 250,000 VND

According to Article 56 of the Law on Handling Administrative Violations 2012, CSGT will issue an on-the-spot penalty decision without a report and the violator pays directly to the CSGT in the following cases:

- Warning penalties (no fine and no report);

- Monetary fines up to 250,000 VND for individuals, 500,000 VND for organizations (pay the fine on the spot).

4. A Report Must Be Made When Violations Are Detected by Professional Equipment

Also, according to Clause 1, Article 56 of the Law on Handling Administrative Violations 2012, if an administrative violation is detected using technical, professional means or equipment, a report must be made.

5. CSGT is Responsible for Proving the Violation Before Imposing Penalties

According to Point d, Clause 1, Article 3 of the Law on Handling Administrative Violations 2012, the person authorized to impose penalties has the responsibility to prove the administrative violation. The individual or organization being penalized has the right to prove themselves innocent either personally or through a legal representative.

Duy Thinh

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