Carrying a drunk person on a motorbike, with someone sitting behind to hold the person, will I be fined?

Article 30 of the Road Traffic Law stipulates: Drivers of two-wheeled motorbikes and mopeds are only allowed to carry one person and in the following cases, they are allowed to carry a maximum of two people: Transporting a sick person to the emergency room; Escorting a person who has violated the law; Children under 14 years old.

Therefore, the case of drinking alcohol is not a special case that allows carrying a maximum of two people.

If violating the regulations on the maximum number of people allowed on a motorbike, the violator may be subject to administrative penalties. According to Decree 100/2019/ND-CP and Decree 123/2021/ND-CP, violators may be fined from 400,000 to 600,000 VND; in addition, this behavior may also result in the suspension of the driver's license for 2 to 4 months.

In case of road traffic violations that cause human damage, depending on the severity of the violation, criminal liability may be prosecuted. Article 260 of the 2015 Penal Code (amended and supplemented in 2017) stipulates: Traffic participants who violate road traffic safety regulations, causing damage to others in the following cases: Causing death; Causing injury or damage to the health of one person from 61% or more; Causing injury or damage to the health of 61% - 121% for two or more people; Causing property damage from 100 million to 500 million will be fined from 30 million to 100 million VND and will be subject to imprisonment from 1 to 5 years or non-custodial reform for a term of up to 3 years.

In addition, the person who violates the 3rd offense may also have to compensate for damages according to the provisions of Article 591 of the 2015 Civil Code with the following damages: Damage to health; Funeral expenses; Alimony for related people according to regulations; Other damages according to the provisions of law; Compensation to compensate for mental damage according to regulations.

Thus, it can be seen that carrying people in excess of the prescribed number is one of the acts that can cause very serious damage.

Therefore, when participating in traffic, vehicle drivers need to equip themselves with the necessary basic legal knowledge and have an attitude of strictly complying with the provisions of the law to minimize unfortunate accidents.

Minh Hoa (t/h)

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