Title: Two Instances When Traffic Police Are Permitted to Stop Motorists

Duy Thinh

12:57, 11/07/2024

In reality, there are many instances where road users drive safely and do not violate traffic laws, yet still get stopped by the Traffic Police (CSGT). Is the behavior of the CSGT lawful? Does the CSGT have the right to stop road users in all cases? To answer this question, you may refer to the following article.

Based on Clause 2 Article 12 of Circular 01/2016/TT-BCA, officers conducting patrols and controls are allowed to stop vehicles in the following cases:

1. Directly detect or through professional technical means and equipment detect and record violations of road traffic laws;

2. Execute the orders and patrol, control plans of the Director of the Traffic Police Department or Directors of Provincial Public Security or higher;

3. Implement the plan for organizing patrols, controls, and handling violations to ensure traffic order and safety of the Chief of the Traffic Patrol Department of the Traffic Police Department, Chief of the Traffic Police Department, or Chief of District-level Public Security or higher;

4. Have a written request from the Head or Deputy Head of the investigation body; a written request from a relevant authority concerning stopping the vehicle to control and ensure security, order, and combat crimes and other law violations. The written request must specify the time, route, vehicle to be stopped for control, handling, and the coordinating force;

5. Reports and denunciations of law violations by individuals and vehicles participating in traffic.

Thus, not in all cases does the Traffic Police have the authority to stop vehicles. The Traffic Police have the authority to stop vehicles only in the following two cases:

- First, directly detect traffic law violations or through technical means and reports from others.- Second, execute orders and patrol plans from authorized levels.

For the first case, if violations are detected, the Traffic Police must notify the fault and have the right to request checking the papers of the road users. Proving the violation by the vehicle operator is performed before making a record or deciding on a penalty.

For the second case, even if the road user does not violate traffic laws, the Traffic Police still have the right to request stopping the vehicle for administrative checks. At this time, road users must present full identification documents. If suspecting the Traffic Police to be impostors, they must report immediately to the police department, specifically contacting the hotline 069.2342608 of the Traffic Police Department.

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