How to use headlights so as not to be fined according to Decree 100/2019/ND-CP in Vietnam?

Decree No. 100/2019/NĐ-CP on administrative penalties for road traffic offences and rail transport offences has specifically stipulated penalties for acts of turning wrong headlights. So, how to use headlights so as not to be fined according to Decree No. 100/2019/NĐ-CP?

Sử dụng đèn pha thế nào để không bị phạt tiền theo Nghị định 100/2019/NĐ-CP

1. How to use headlights so as not to be fined according to Decree 100/2019/ND-CP?

The current law of Vietnam does not regulate the concept of headlights, which are recognized as “high beams”. In practical terms, it can be understood that headlights (or high beams) are lights with strong light intensity, farther projection and higher visibility, helping the driver see obstacles and signs from afar.

According to Clause 12 Article 8 of the Law on road traffic 2008 of Vietnam, using driving lamps in urban and populous areas is one of the prohibited acts when participating in traffic, except for priority vehicles moving on duty as provided for by this Law.

Concurrently, according to Clause 3 Article 17 of the Law on road traffic 2008 of Vietnam, when passing each other, two motor vehicles moving in the opposite directions may not use the driving lamp.

Thus, the use of headlights must comply with regulations, avoiding arbitrarily turning on headlights not only ensures the general safety of all road users but also limits the occurrence of unintended accidents.

Notably, according to Article 27 of the Law on road traffic (amended) which is being submitted for consultation, rules for using lights of vehicles participating in traffic are specified as follows:

- Vehicles participating in traffic at night (from 19:00 of the previous day to 5:00 of the next day) or when it is dark or when there is fog or bad weather with limited visibility, the following lights must be turned on:

+ Headlight (high beam) or low beam; fog lights in foggy conditions (for vehicles equipped with fog lights according to the manufacturer's design);

+ Back lamp;

+ Positioning lights equipped according to the manufacturer's design.

- Vehicles must turn off their headlights (high beams) and turn on their low beams in the following cases:

+ When traveling on sections of roads through residential areas with lighting systems arranged and in operation;

+ When the vehicle requests to pass, prepare to overtake the vehicle ahead;

+ In order not to dazzle the driver of the vehicle in the opposite direction.

2. Penalties for using headlights against the rules in accordance with Decree 100/2019/ND-CP

Regarding cars: According to Point b Clause 3 Article 5 of the Decree 100/2019/ND-CP of Vietnam’s Government, operators of cars and car-like vehicles using high beam in an urban area or residential area, except for emergency vehicles on duty shall be imposed a fine ranging from VND 800,000 to VND 1,000,000.

Regarding mopeds and motorcycles: According to Clause m and n Clause 1 Article 6 of the Decree 100/2019/ND-CP of Vietnam’s Government, operators of mopeds and motorcycles (including electric motorcycles) and the like using high beams while avoiding oncoming traffic, using the high beam in rural areas or residential areas, except for emergency vehicles on duty shall be imposed a fine ranging from VND 100,000 to VND 200,000.

Regarding tractors and heavy-duty vehicles: According to Point d and e Clause 3 Article 7 of the Decree 100/2019/ND-CP of Vietnam’s Government, operators of tractors and heavy-duty vehicles using the high beam in the urban area or residential area, except for emergency vehicles on duty; failure to turn on the lights or using insufficient lighting from 7 pm to 5 am or in a foggy or bad weather when visibility is short; using the full beam when facing oncoming vehicles shall be imposed a fine ranging from VND 400,000 to VND 600,000.

Le Vy

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