Can Traffic Police Issue Penalties Based on Social Media Videos?

This is the question raised when Circular 65/2020/TT-BCA stipulating the tasks, powers, forms, contents, and procedures for patrolling, controlling, and handling administrative violations of road traffic by the Traffic Police was issued and took effect from August 05, 2020.

Can the Traffic Police impose penalties based on social media videos?

Can the Traffic Police impose penalties based on social media videos? - Illustrative photo

To be specific, according to Article 24 of Circular 65/2020/TT-BCA, information and images reflecting violations of road traffic order and safety can be received from the following sources:

- Captured by technical devices of organizations, individuals (not professional technical means or equipment);- Posted on mass media, social networks.

Information and images used as a basis for verifying and detecting administrative violations must objectively reflect the time, location, subjects, and acts of violation as stipulated in the Government of Vietnam's Decree on penalties for administrative violations in the field of road and railway traffic, and must still be within the effective period for imposing administrative penalties according to the legal provisions on handling administrative violations.

Organizations and individuals who capture information and images can provide them to the Traffic Police unit where the incident occurred via email, postal mail, or directly at the unit headquarters. Organizations and individuals must provide clear names, addresses, and contact phone numbers (if any) and are responsible before the law for the authenticity of the information and images provided.

Upon receiving information and images, Traffic Police officers must review and categorize them. If they meet the above conditions, they should record them in the logbook and report to the head of the authorized unit to proceed as follows:

- In case the information and images reflect ongoing violations of road traffic order and safety on the assigned routes or areas, organize forces to stop the vehicle, control, detect, and handle the violations according to regulations. If the vehicle cannot be stopped for control or the reported violation has concluded, implement verification and handling measures as per the law;

- If it is not within the unit's assigned routes or areas, notify the competent Traffic Police unit to conduct verification and handling measures as prescribed by the law.

Thus, according to this regulation, it can be seen that when there are videos of traffic violations on Facebook, depending on the case, the Traffic Police can use them as a basis for penalizing the violating individuals.

This is a new addition compared to the current regulations in Circular 01/2016/TT-BCA. It is evident that such a regulation is very suitable for the development of social networks in today's era. Additionally, it can limit the omission of violations, enhance public awareness when participating in traffic, and consequently significantly reduce violations of traffic safety regulations.

Thanh Thao

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