What is overtaking? Regulations on overtaking according to the Law on Road Traffic 2008 in Vietnam

What is overtaking? Regulations on overtaking according to the Law on Road Traffic 2008 in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is overtaking?

According to Clause 52, Article 3 of National Technical Regulation QCVN 41:2019/BGTVT, overtaking is a traffic situation in which the vehicle following passes the vehicle ahead; when overtaking, vehicles must pass to the left (except for the cases specified in the Road Traffic Law 2008).

Vehicles traveling at a lower speed must go to the right. When a vehicle requests to overtake, if it is safe to do so, the driver of the vehicle in front must slow down and go close to the right side of the road for the vehicle to pass. until the following vehicle has passed, do not interfere with the vehicle applying to pass.

2. Regulations on overtaking under the Law on Road Traffic 2008 in Vietnam

Regulations on overtaking in Vietnam according to Article 14 of the Road Traffic Law 2008 are as follows:

- Before overtaking a vehicle shall give a signal by means of light or horn; from 22.00 hrs to 05.00 hrs in urban centers and populous areas, only light signals can be used for this purpose.

- The overtaking vehicle may overtake only where there is no obstacle ahead, no oncoming vehicle in the road section intended for overtaking and the vehicle ahead has not given a signal to overtake another and has moved toward the right side.

- When there is a vehicle intending to overtake, if safety can be assured, the operator of the vehicle ahead shall slow down, move close to the right of the carriageway till the following vehicle has passed and may not cause obstructions to the overtaking vehicle.

- When overtaking, a vehicle shall do so on the left side, except for the following cases where it can overtake on the right side:

+ When the vehicle ahead has given a signal to turn left or is turning left;

+ When a tram is running in the middle of the road;

+ When a special-use vehicle is operating on the road, making overtaking on the left impossible.

- Overtaking is forbidden in the following cases:

+ The conditions prescribed in Clause 2 of Article 14 of the Road Traffic Law 2008 are not met;

+ There is only a single line of vehicular traffic on a narrow bridge;

+ On a bend, at the crest of a slope and at a place with insufficient visibility;

+ At an intersection or a level crossing between a road and a railroad track;

+ When weather conditions or road conditions do not ensure safe overtaking;

+ A priority vehicle is emitting a priority signal.

3. Regulations on change of direction in Vietnam

The change of direction of vehicles in Vietnam according to Article 15 of the Road Traffic Law 2008 is as follows:

- When wishing to change direction, the operator shall slow down and give a signal of the turning direction.

- While changing direction, the driver or operator of a special-use vehicle shall allow pedestrians and bicycle riders moving on the road sections reserved for them to pass, give way to oncoming vehicles and shall change direction only when seeing that his/her vehicle does not obstruct or endanger people and other vehicles.

- In residential areas, the driver may make U-turns only at intersections and places with a sign permitting U-turns.

- It is prohibited to make U-turns at road sections reserved for pedestrians to cross, on bridges, at bridge heads, under flyovers, at undergrounds, in road tunnels, on expressways, at level crossings between a road and a railroad track, on narrow roads, steep roads or on bends with insufficient visibility.

4. Prohibited acts regarding road traffic in Vietnam

Prohibited acts regarding road traffic in Vietnam according to Article 8 of the Road Traffic Law 2008 (amended in the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019) are as follows:

- Destroying roads, road bridges, tunnels and ferry landing stages, light signals, marker posts, signs, dome mirrors, median strips, water drainage systems and other works and equipment of road traffic infrastructure.

- Illegally digging, drilling and cutting roads; illegally placing or erecting hurdles on roads; placing and spreading pointed objects, pouring lubricants on roads; illegally leaving materials, wastes and garbage on roads;

Illegally opening passages and linking to main roads; illegally encroaching, occupying or using land of roads and road safety corridors; opening manhole covers without permission, illegally dismantling, removing or falsifying road works.

-. Illegally using roadbeds, roadsides and pavements.

- Putting motor vehicles and special-use machines which fail to satisfy technical safety and environmental protection criteria into operation on roads.

- Changing the chassis, components and accessories of motor vehicles in order to temporarily achieve their technical criteria before taking them for inspection.

- Taking part in, cheering or organizing illegal vehicle races, driving vehicles recklessly on crowded streets or in zigzags.

- Operating a road motor vehicle while there is narcotic in the operator’s body.

- Operate vehicles under the influence of alcohol

- Operating a motor vehicle without a driver license as prescribed.

Operating a special-use vehicle on the road without a certificate of training in knowledge about the road traffic law, a license or certificate of operation of special-use vehicle.

- Assigning one’s motor vehicle or special-use vehicle to another person ineligible for operating vehicles in road traffic.

- Operating a motor vehicle at a speed beyond the prescribed speed limit, recklessly passing or overtaking.

- Honking and opening the throttle continuously; honking during the time from 22:00 hrs to 05:00 hrs, blowing the hoot, using driving lamps in urban and populous areas, except for priority vehicles moving on duty as provided for by this Law.

- Fitting and using the horn and lamps at variance with the manufacturer design for each type of motor vehicles; using audible devices badly affecting traffic order and safety and public order.

- Transporting goods banned from circulation, illegally transporting, or failing to fully observe regulations on transportation of, dangerous cargoes or wild animals.

- Threatening, offending and fighting over passengers; compelling passengers to use services against their will; employing transshipment, disembarking passengers or committing other acts to evade detection of the carriage of cargoes or passengers in excess of prescribed limits.

- Conducting commercial transportation by car when failing to meet all business conditions as prescribed.

- Absconding after causing accidents in order to shirk responsibility.

- Deliberately refusing to rescue victims of traffic accidents when having conditions to do so.

- Infringing upon the lives, health and property of traffic accident victims and causers.

- Taking advantage of traffic accidents to assault, intimidate, incite, pressure, foment disorder or obstruct the handling of traffic accidents.

- Abusing one’s position, power or profession to breach the road traffic law.

- Illegally manufacturing, using or buying or selling number plates of motor vehicles and special-use vehicles.

- Acts of breaching road traffic rules and other acts endangering road users and vehicles in road traffic.

Quoc Dat

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