One of the issues of interest for road users is under what circumstances they have the right to request a vehicle to stop and who has the authority to make such a request. Below are the legal regulations regarding this matter:
Article table of contents
Currently, only these three forces have the authority to stop vehicles of traffic participants:
- Traffic Police (Circular 01/2016/TT-BCA);- Other Police Forces and Commune Police (Decree 27/2010/ND-CP);- Inspectors, specialized inspection officials (Circular 02/2014/TT-BGTVT).
These forces are only allowed to stop vehicles in cases prescribed by law. Specifically:
Traffic Police are only allowed to stop vehicles in 05 cases
According to the regulations of Circular 01/2016/TT-BCA, officers performing patrol and control duties are allowed to stop vehicles for inspection in the following cases:
- Directly discovering or through technical equipment detecting, recording acts of violations of road traffic law;- Executing orders, patrol plans of the Head of the Traffic Police Department or the Director of the Provincial-level Police Department and above;- Executing patrol and control plans ensuring traffic order and safety of the Head of the Highway Patrol Department under the Traffic Police Department, the Head of the Traffic Police Department, or the Head of the District Police and above;- Having a written request from the Head, Deputy Head of the investigative agency; a written request from relevant competent authorities for stopping vehicles to control and serve the assurance of security, order, crime prevention, and handling of other law violations. The written request must specify the time, route, vehicle to be stopped for control, handling coordination forces;- Reports or denunciations about law violations of persons and vehicles participating in traffic.
Stopping vehicles must ensure: Safety, compliance with the law; not obstruct traffic activities; once a vehicle is stopped, control must be carried out, and if violations are detected, they must be handled according to the law.
02 cases where inspectors, specialized inspection officials are allowed to stop vehicles
Circular 02/2014/TT-BGTVT on the inspection process, handling of administrative violations, internal management, and planning policies in the Transport sector specifies that inspectors, specialized inspection officials are allowed to stop road vehicles in the following cases:
- Ending violations according to Article 55 of the Law on Handling of Administrative Violations;- When detecting vehicles with signs as stipulated in point a, clause 2, Article 86 of the Road Traffic Law, specifically as follows:- Exceeding the allowable weight limit of bridges, roads;- Exceeding the allowed dimension limits of bridges, roads;- Track vehicles moving directly on the road without implementing road protection measures as prescribed;- Illegally dumping soil, construction materials, or other waste on roads or into road safety corridors.
Other Police Forces and Commune Police
According to Decree 27/2010/ND-CP regarding mobilizing other Police Forces and Commune Police to cooperate with Traffic Police to patrol, control traffic order and safety where necessary, such forces must patrol, control traffic order and safety in cases without Traffic Police by following the approved plan and regularly informing Traffic Police about their patrols and controls. If administrative violations in the field of road traffic are detected, they may impose administrative penalties on acts within their jurisdiction.
Thus, other Police Forces and Commune Police, when mobilized to cooperate with Traffic Police under an approved plan, are authorized to stop vehicles and handle violations in the absence of Traffic Police.
