Is the traffic policeman entitled to collect fines directly from violators?
Is the traffic policeman directly collecting fines from persons who have violated a traffic law? On the other hand, many road users who violate traffic law often want to pay a fine on the spot to save time; however, traffic policeman does not always accept these requirements. We would like to explain the above question:
According to clause 1, Article 56 of the 2012 Law on Handling of administrative violations, the sanctioning of administrative violations without making a record shall be applied as follows:
“Article 56. Administrative sanction without record taking
1. Administrative sanction without record taking is applicable in cases of warning or fines of up to VND 250,000 for individuals, VND 500,000 for organizations and the person with sanctioning competence must make decisions of administrative sanctions on the spot.
In case administrative sanctions are detected thanks to using technical, professional equipment, means, the record must be taken.
2. Decisions of administrative sanctions on the spot must be written clearly the information of date of decisions; full name, address of violators or name, address of violating organizations; acts of violations; venues of violations; evidences and details related to the violation settlement; full name, position of persons who make sanctioning decisions; articles, clauses of applicable legal documents. In case of fines, there must be the fine levels in the decisions.”
Thus, in cases of traffic violations fined not exceeding VND 250,000 for individuals and VND 500,000 for organizations, violators may pay fines directly to the traffic police (except administrative sanctions are detected thanks to using technical, professional equipment, means, the record).
The collector is responsible for handing over documents. After that, the collector must remit fines at State Treasuries or into accounts of State Treasuries within 02 working days, as from the date of collecting fines as prescribed in Article 69 of the Law on Handling administrative violations.
“Article 69. Execution of sanctioning decisions without making records
1. The sanctioning decisions without making records must be handed to sanctioned individuals or organizations, one copy each. If minors are sanctioned with warning, the sanctioning decisions shall be sent to their parents or guardians.
2. The violating individuals, organizations pay fines on spot to the persons with sanctioning competence. The fine collectors shall hand vouchers collecting fines to individuals, organizations paying fines and remit fines directly at State Treasuries or into accounts of State Treasuries within 02 working days, as from the date of collecting fines.
If violating individuals, organizations fail to pay fines on spot, they may remit at State Treasuries or into accounts of State Treasuries indicated in the sanctioning decisions within time limit specified in clause 1, Article 78 of this Law.”
In some cases, violators are entitled to pay fines directly to the Traffic Policeman as prescribed in Decree 100/2019/ND-CP dated December 30, 2019, such as:
“Article 6. Penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules
1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon a vehicle operator who commits any of the following violations:
a) Failure to comply with road signs and road markings, except for violations specified in Points c, dd, e and h Clause 2; Points d, g, i and m Clause 3; Points a, b, c, d and e Clause 4; Clause 5; Point b Clause 6; Points a and b Clause 7; Point d Clause 8 of this Article;
b) No signaling before overtaking;
c) Failure to keep a safe distance that leads to a collision with the vehicle ahead; failure to keep a safe distance in accordance with the sign “Cự ly tối thiểu giữa hai xe” (Safe distance);
d) Turning without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks or non-motorized vehicles running in the cycle lane;
dd) Turning without yielding to oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks;
e) Reversing motor tricycles without observation or signaling;
g) Carrying a passenger who uses an umbrella;
h) Failure to comply with regulations on yielding at intersections, except for the violations specified in Points b and e Clause 2 of this Article;
i) Changing lanes where prohibited or without signaling;
k) Going three abreast or more;
l) Failure to turn on the lights from 7 pm to 5 am or in a foggy or bad weather when visibility is short;
m) Dodging oncoming vehicles improperly; using high beams while avoiding oncoming traffic; failure to yield to oncoming vehicles where the road is narrow, sloping, or obstructed;
n) Honking from 10 pm to 5 am, using the high beam in rural areas or residential areas, except for emergency vehicles on duty;
o) Operating an emergency vehicle without conformable warning devices or using warning devices without a license issued by a competent authority or without an unexpired one;
p) Making a u-turn in places where making a u-turn is prohibited, except for violation(s) specified in Point d Clause 4 of this Article;
q) Operating the vehicle at a lower speed than the lowest permissible speed.”
“Article 17. Penalties imposed upon by operators of mopeds and motorcycles (including electric motorcycles) and the like violating regulations on roadworthiness of vehicles running on public roads
1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for:
a) Operating the vehicle without a horn, plate lamp, brake lamp, or a mirror on the left, or without a functional one;
b) Operating a vehicle with an inappropriate license plate; the letters and numbers on the license plate are not clear; a license plate that is bent, blocked, or damaged; painting and altering additional letters and numbers or changing color of letters, numbers and background of the license plates (including trailers and semi-trailers);
c) Operating a vehicle without turn signals or without functional ones;
d) Using an inappropriate horn for the type of vehicle;
dd) Operating a vehicle without a sound or smoke suppression system or without one that meets environmental requirements with regard to exhaust and noise;
e) Operating a vehicle without a lamp with low beam and a high beam, or without a functional and conformable one;
g) Operating a vehicle without a brake system or without a functional and conformable one;
h) Operating a vehicle with an additional headlamp towards the back.”
“Article 21. Penalties for violations against regulations on qualification for operating motor vehicles2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for:
a) Any person operating a motorcycle or moped and the like without carrying an unexpired Certificate of civil liability insurance for motor vehicles;
b) Any person operating a motorcycle or moped and the like without carrying the Certificate of vehicle registration;
c) Any person operating a motorcycle and the like without carrying a driving license, except for the violations specified in Point b Clause 5, Point c Clause 7 of this Article.”
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