Highlight of New Traffic Violation Penalties from August 01, 2016

Decree 46/2016/ND-CP on sanctioning administrative violations in the field of road and railway traffic will take effect from August 01, 2016, with some notable new points as follows:

  1. Running a Yellow Light is Penalized as Running a Red Light

According to Decree 46, drivers running a yellow light are penalized the same as running a red light. Specifically:

- Drivers of cars and similar vehicles running a yellow light face a penalty ranging from 1.2 to 2 million VND;- Motorbike and motorcycle (including electric motorbikes), similar vehicles to motorcycles and motorbikes running a yellow light are fined from 300,000 to 400,000 VND;- Drivers of tractors, specialized vehicles will face a penalty ranging from 400,000 to 600,000 VND;- Bicycle riders, electric bicycle riders, and operators of other rudimentary vehicles will be fined from 60,000 to 80,000 VND.

  1. Increased Penalty for Motorcycle Riders Exceeding Speed Limits

In cases where the speed limit is exceeded by over 20 km/h, the penalty will range from 3 to 4 million VND. This penalty is significantly higher compared to the old regulation (penalty ranging from 2 to 3 million VND for the same act according to Decree 171/2013).

  1. Penalty from 300,000 to 400,000 VND for Wrong-way Riding

According to the regulations in Decree 171/2013, operators of motorbikes, motorcycles (including electric motorbikes), similar vehicles to motorcycles and motorbikes if:

- Entering prohibited roads, restricted areas;- Going against the direction on one-way streets,- Going against the direction on roads with “No Entry” sign;

Will be fined from 200,000 to 400,000 VND. If the violation causes a traffic accident, the driver's license will also be revoked for 2 months.

From August 1, 2016, a new penalty ranging from 300,000 to 400,000 VND will be applied. If the violation causes a traffic accident, the driver's license will also be revoked for 2 to 4 months.

  1. Heavy Penalty for Riding Motorbikes on Sidewalks

A fine ranging from 300,000 to 400,000 VND (except in cases where the vehicle is crossing the sidewalk to enter a house) will be imposed on operators of motorbikes, motorcycles (including electric motorbikes), similar vehicles to motorcycles and motorbikes.

If the violation causes a traffic accident, the driver's license will be revoked for 2 to 4 months.

Decree 171/2013/ND-CP penalizes the above act with a fine ranging from 200,000 to 400,000 VND. If the violation causes a traffic accident, the driver's license will be revoked for 2 months.

  1. No Penalty for Following a Curved Path Without Signaling

Decree 171/2013/ND-CP stipulates at point c, clause 3, Article 5, point a, clause 4, Article 6 that in cases where cars or motorbikes "Fail to reduce speed or give a turning signal" will be fined from 600,000 to 800,000 VND (for cars) and from 200,000 to 400,000 VND (for motorbikes).

This Decree does not explicitly specify whether not signaling when following a curved path is penalized or not. Decree 46/2016/ND-CP has addressed this by clearly stipulating that cars and motorbikes following a curved path on routes where roads do not intersect at the same level are not penalized.

Thus, car and motorbike drivers, if following a curved path where the road does not intersect with another road, do not need to signal.

  1. Heavy Penalties from 3-4 Million VND for Exceeding Allowed Alcohol Levels

The penalty for operators of motorbikes, motorcycles (including electric motorbikes), similar vehicles to motorcycles and motorbikes driving on the road with blood alcohol concentration exceeding the permissible level is significantly higher compared to previous regulations. Specifically:

- Fine ranging from 1 million to 2 million VND, and revocation of driver's license from 1 month to 3 months for:- Exceeding 50 milligrams to 80 milligrams/100 milliliters of blood;- Exceeding 0.25 milligrams to 0.4 milligrams/liter of breath;- Fine ranging from 3 million to 4 million VND, and revocation of driver's license from 3 to 5 months for:- Exceeding 80 milligrams/100 milliliters of blood;- Exceeding 0.4 milligrams/liter of breath.

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