Penalties imposed upon operators of overloaded vehicle in Vietnam

Penalties imposed upon operators of overloaded vehicle in Vietnam (Internet image)

What is an overloaded vehicle?

Pursuant to the provisions of Clause 1, Article 9 of Circular 46/2015/TT-BGTVT providing for load capacities and dimensional limits of roads; operation of overload vehicles, overdimension vehicles and tracked vehicles on public roads; transport of oversize/overweight load; limits on amount of goods loaded onto road vehicles running on public roads:

An overloaded vehicle is a road motor vehicle of which the gross vehicle weight or the gross axle weight exceeds the load capacity of the road.

Penalties imposed upon operators of overloaded vehicle in Vietnam

Pursuant to Clause 18, Article 2 of Decree 123/2021/ND-CP amending Article 33 of Decree 100/2019/ND-CP stipulating penalties imposed upon operators of overloaded vehicle in Vietnam as follows:

-  A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for failure to comply with the transport permit, except for the offences specified in points a and b clause 3; points b and c clause 4 of this Article.

- A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for operating a vehicle whose GVW exceeds the capacity of the bridge or road by more than 10% to 20%, unless it is permitted in an unexpired transport permit.

- A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed for any of the following offences:

+ Carrying goods exceeding the dimensional limit of the bridge or road written in the transport permit;

+ Operating a tracked vehicle on public roads without a transport permit or with an expired one or without taking measures to protect the road on which it is running;

+ Operating a vehicle whose size or cargo size exceeds the dimensional limit of the bridge or road on which it is running, unless it is permitted in an unexpired transport permit.

- A fine ranging from VND 13,000,000 to VND 15,000,000 shall be imposed for any of the following offences:

+ Operating a vehicle whose GVW or gross axle weight (including cargo and passengers on the vehicle) exceeds the capacity of the bridge or road by more than 20% to 50%, unless it is permitted in an unexpired transport permit;

+ Operating a vehicle with an unexpired transport permit but the GVW or gross axle weight of which (including cargo and passengers (if any) on the vehicle) exceeds the limit written in the transport permit;

+ Operating a vehicle with a valid transport permit without sticking to the routes designated in the transport permit.

- A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following offences:

+ Operating a vehicle whose GVW or gross axle weight (including cargo and passengers on the vehicle) exceeds the capacity of the bridge or road by more than 50%, unless it is permitted in an unexpired transport permit;

+ Disobeying the order for weight or size inspection; transferring load or using other tricks to pass the inspection.

- Pursuant to Clause 6, Article 33 of Decree 100/2019/ND-CP, apart from incurring fines, the violating operator shall incur the following additional penalties:

+ The offence(s) specified in clause 1, clause 3 and point a clause 4 of this Article shall lead to suspension of the driver’s license (in case of motor vehicles and the like and tractors) and the certificate of training in traffic rules (in case of transport construction machinery) from 01 - 03 months;

+ The offence(s) specified in point b and point c clause 4 of this Article shall lead to suspension of the driver’s license (in case of motor vehicles and the like and tractors) and the certificate of training in traffic rules (in case of transport construction machinery) from 02 - 04 months;

+ The offence specified in clause 5 of this Article shall lead to suspension of the driver’s license (in case of motor vehicles and the like and tractors) and the certificate of training in traffic rules (in case of transport construction machinery) from 03 - 05 months;

According to Clause 7 Article 33 of Decree 100/2019/ND-CP, If the bridge or road is damaged by the offences specified in clauses 1, 2, 3, 4 and 5 of Article 33 of Decree 100/2019/ND-CP, the violator shall be compelled to restore it to its original condition apart from incurring the penalties.

Thus, the fine for operating an overloaded vehicle can be up to VND 50,000,000.

Nguyen Pham Nhut Tan

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