Decree 100/2019/ND-CP has been effective since January 1, 2020. One of the issues that concerns everyone is whether the regulations on penalties for not wearing seat belts in cars are in contradiction with the Road Traffic Law 2008.
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Penalty for not wearing a seatbelt: Is Decree 100 contradictory to the Law? (Illustrative photo)
Ms. Nguyen Ngoc Han sent a question to the Legal Secretary as follows: As I know, the previous Decree 46 and the current Decree 100 stipulate that if a vehicle is equipped with seatbelts, all positions in the vehicle must wear seatbelts. Passengers in the vehicle, whether in the front seat or the back seat, must wear seatbelts, or both the driver and the passenger will be fined. But Clause 2, Article 9 of the 2008 Road Traffic Law does not specify seatbelt requirements for passengers in the back seat of a car; it only specifies that the driver and front seat passengers must wear seatbelts if the vehicle is equipped with them. So, is the Decree conflicting with the Law?
Regarding this issue, the LEGAL SECRETARY responds as follows:
In the case of not wearing a seatbelt, the penalty is not based on Clause 2, Article 9 of the 2008 Road Traffic Law but on Clause 23, Article 8 of the 2008 Road Traffic Law regarding prohibited acts:
"23. Violating road traffic rules and other dangerous acts threatening road users."
Section 1, Chapter 2 of Decree 171/2013/ND-CP directly guides Clause 23, Article 8 above and still only stipulates penalties for the driver and front seat passengers.
However, this Decree was later replaced by Decree 46/2016/ND-CP.
According to Clause 7, Article 80 and points l, k, Clause 1, Article 5 of Decree 46/2016/ND-CP:
Article 80. Effectiveness
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7. The application of regulations at Point k, Point l, Clause 1, Article 5 of this Decree to penalize the driver and the person being carried in the case that the person in the back seat of a car does not wear a seatbelt (at the position equipped with a seatbelt) when the car is running, shall be applied from January 01, 2018.
Article 5. Penalties for drivers, passengers in cars, and similar vehicles violating road traffic rules
- A fine of 100,000 VND to 200,000 VND shall be imposed for one of the following violations:
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k) Not wearing a seatbelt (at the position equipped with a seatbelt) when the car is running;
l) Carrying passengers in a car without them wearing seatbelts (at the position equipped with a seatbelt) when the car is running.
From January 01, 2020, Decree 46 officially expired and was replaced by Decree 100/2019/ND-CP. This Decree continues to inherit the regulations of Decree 46. Specifically, according to point p, point q, Clause 3, Article 5, and Clause 5, Article 11 of Decree 100/2019/ND-CP:
Article 11. Penalties for other violations of road traffic rules
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5. A fine of 300,000 VND to 500,000 VND shall be imposed on passengers in cars not wearing seatbelts (at the position equipped with seatbelts) when the car is running.
Article 5. Penalties for car drivers and similar vehicles violating road traffic rules
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- A fine of 800,000 VND to 1,000,000 VND shall be imposed on a driver committing one of the following violations:
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p) Not wearing a seatbelt when driving on the road;
q) Carrying passengers in a car without them wearing seatbelts (at the position equipped with seatbelts) when the car is running.
Thus, it can be seen that before August 01, 2016, there was indeed no regulation on penalties for passengers in the back seat of a car not wearing seatbelts. However, when Decree 46/2016/ND-CP replaced Decree 171/2013/ND-CP, it supplemented penalties for passengers in the back seat of a car (Clause 7, Article 80 of Decree 46/2016/ND-CP). With Decree 100/2019/ND-CP, this regulation in Decree 46 continues to be recognized but in a general manner for passengers in cars who do not wear seatbelts (at positions equipped with them) when the car is running (including both front and back seat passengers).
In conclusion, the above two Decrees do not conflict with the 2008 Road Traffic Law. On the contrary, Decree 46/2016/ND-CP and Decree 100/2019/ND-CP provide guidelines for the Law and regulate emerging matters that have not been adjusted by any law or ordinance.
See more regulations in Decree 100/2019/ND-CP effective from January 01, 2020.
Toan Trung
