From September 15, 2023, can traffic police stop vehicles to check when no violations are detected?

From September 15, 2023, can traffic police stop vehicles to check when no violations are detected? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. From September 15, 2023, can traffic police stop vehicles to check when no violations are detected in Vietnam?

According to Clause 1, Article 16 of Circular 32/2023/TT-BCA, Traffic Police officers performing planned patrol and control tasks are allowed to stop vehicles for control in the following cases:

- Directly detecting or, through means and professional technical equipment, detecting and collecting violations of road traffic laws and other violations of law;

- Implementing orders and plans for total vehicle control to ensure road traffic order, safety, and social order; Plans for patrolling, controlling, and handling violations according to topics to ensure order, road traffic safety, and social order have been promulgated by competent authorities;

- There is a written request from the Head or Deputy Head of the investigation agency; Written request from relevant authorities to stop traffic vehicles for control to ensure security and order; fight against crime; prevent and fight natural disasters, fires, and explosions; prevent and control disease; rescue, rescue, and other illegal acts. The written request must specify the time, route, means of transport stopped for control and handling, and the forces involved in coordination;

- There are reports, recommendations, and denunciations from organizations and individuals about violations of the law by people and vehicles participating in road traffic.

Thus, according to the above regulations, traffic police can still stop the vehicle to check, even if there is no violation.

2. What requirements must the stopping of traffic control ivmeet?

- Stopping and controlling traffic vehicles must ensure the following requirements:

+ Safe, in accordance with the law, does not obstruct traffic activities;

+ Once the vehicle has stopped, it is necessary to control and handle violations (if any) according to regulations.

- When stopping or controlling at a point on a traffic road, a traffic police station must ensure the requirements according to the above regulations and the following requirements:

+ Placing barriers with cone-shaped cones or string along the road on the part of the road or lane close to the curb or sidewalk to form an area to ensure traffic order and safety according to the regulations of the Ministry of Public Security on implementing democracy in ensuring traffic order and safety. Based on the actual situation and traffic route characteristics, deploy the appropriate barrier length to ensure safety;

+ The area ensuring traffic order and safety must comply with the provisions of law on road traffic and other relevant laws; Sufficient area to arrange and install professional technical means and equipment, control, and handle violations; Based on the actual situation in the control area and control topic, Traffic Police officers can be arranged to guide and regulate traffic, ensuring traffic safety.

- When stopping and controlling vehicles on the highway, you must ensure the requirements according to the above regulations and the following:

+ When controlling at a point, traffic vehicles can only be stopped to control and handle violations at the following locations: the toll station area, the starting point, and the ending point of the expressway;

+ When patrolling or mobile control, vehicles can only be stopped in the emergency vehicle stopping lane to control and handle violations in the following cases: Detection of serious violations of traffic order and safety; risks of causing immediate traffic insecurity; coordination of the fight against crime; preventing and fighting natural disasters, fires, and explosions; rescue and salvage; reports, denunciations, and reports on illegal acts of people and vehicles traveling on the highway; detection of vehicles stopping or parking illegally on the highway. After resolving the incident, the traffic poles, ropes, and signs must be cleaned up and moved immediately.

+ Placing sign number 245a "Go slowly" or sign number 245b (for external routes) in front of the Traffic Police Team in the direction of the traffic that needs to be controlled according to the provisions of road signs law.

(Article 16 of Circular 32/2023/TT-BCA)

Nguyen Ngoc Que Anh

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