Law on Road Traffic 2008: Some New Points to Note

Using Electric Bicycles Requires Helmets:

Electric bicycles are classified as non-motorized vehicles. However, to ensure the safety of traffic participants, users of these high-speed vehicles are still required to wear helmets. Section 2, Article 31 of the Road Traffic Law 2008 clearly stipulates: the operator and passenger on an electric bicycle must wear a properly fastened helmet.

Motorized bicycles and electric bicycles are understood to be two-wheeled non-motorized vehicles equipped with an engine, with a maximum design speed of 30 km/h or less. When the engine is off, they can be pedaled like a regular bicycle, which includes electric bicycles.

This is also a new point in the Road Traffic Law 2008. Therefore, operators of electric bicycles need to pay attention to comply, avoid violations, and being fined due to lack of understanding of the law.

For Traffic Participants Who Consume Alcohol:

While the Road Traffic Law 2001 only broadly prohibited the operation of vehicles with a blood alcohol content exceeding 80mg/100ml of blood or 40mg/l of breath, or under the influence of other banned substances,

The Road Traffic Law 2008 contains more specific regulations.

Section 8, Article 8 (Prohibited Acts) stipulates: operators of cars, tractors, and specialized motorcycles are prohibited from driving with any level of alcohol in their blood or breath; operators of motorcycles and motorbikes are prohibited to have a blood alcohol content exceeding 50mg/100ml of blood or 0.25mg/l of breath. This limit is lower than what was set in the Road Traffic Law 2001 but aligns with levels enforced by 35 other countries.

For drugs, Section 7, Article 8 of the Road Traffic Law 2008 states: driving any vehicle under the influence of drugs is prohibited. This means that a driver can be penalized even if they have drugs in their system but are not actively using them while driving.

Required Documents When Participating in Traffic:

Section 2, Article 58 of the Road Traffic Law 2008 stipulates that drivers must carry the following four documents: Vehicle registration; Driver’s license for motor vehicle operators; Certificate of technical safety inspection and environmental protection for motor vehicles; Certificate of civil liability insurance of the motor vehicle owner.

Thus, beyond the three types of documents previously required, traffic participants must also carry the Certificate of technical safety inspection and environmental protection as mandated by the new law. This is an important point to note so that motor vehicle operators are properly prepared, avoid violations, and consequently, avoid being fined.

Regulations on Entering Highways and Tunnels:

These are also new regulations of the Road Traffic Law 2008. Pedestrians, non-motorized vehicles, two-wheeled motorbikes, and motorcycles, tractors, and specialized vehicles with a design speed below 70km/h are not allowed to enter highways except for people and vehicles, equipment serving the management and maintenance of highways (Section 4, Article 26).

Article 27, Traffic in Road Tunnels, further specifies: Motor vehicles and specialized vehicles must turn on lights; non-motorized vehicles must have lights on or have a light-emitting object to signal their presence.

Driver Age and Additional Child Passenger Age Restrictions:

For drivers, the new law raises the minimum age to operate a 10-30 seat passenger vehicle from 21 to 24 years, and to operate a vehicle with more than 30 seats from 25 to 27 years.

The new law also provides specific regulations on the age of children that can be carried on motorcycles, motorbikes, and bicycles (under 14 years for motorcycles and motorbikes; under 7 years for bicycles).

Operators of motorcycles and motorbikes who violate these regulations can be fined from 80,000 - 100,000 VND (except in cases like transporting injured persons for emergency treatment). If carrying more than two people, fines range from 100,000 - 200,000 VND; and carrying more than three people incurs fines from 200,000 - 400,000 VND (according to the draft decree regulating the administrative penalties in the field of road traffic).

Children Over 6 Must Wear Helmets:

In addition to the Road Traffic Law 2008, a draft decree on administrative penalties in road traffic regulations has been crafted by the Ministry of Transport effective from July 1, 2009. According to the draft, individuals carrying children over 6 years old without a helmet will be fined from 100,000 to 200,000 VND.

The fine of 100,000-200,000 VND also applies to those operating electric bicycles without a helmet and carrying children over 6 years old without a helmet. This regulation should be taken seriously by parents to ensure the safety of their children and avoid violating the newly implemented traffic laws.

The Road Traffic Law 2008 includes 8 chapters with 89 articles. Of these 89 articles, only three from the 2001 law remain unchanged (accounting for 3.37%); 68 articles have been revised or supplemented (76.40%); and 18 are new articles (20.23%). Here, we highlight some important points regarding the new regulations relevant to the key subjects involved in implementing and complying with this law.

We hope that, once implemented, the Road Traffic Law 2008 will be widely disseminated. This would raise awareness and compliance among traffic participants, helping to avoid violations and penalties due to a lack of understanding or knowledge of the law.

Source: baoquangngai.vn

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