The Ministry of Public Security has issued Circular No. 32/2023 regulating the duties, powers, forms, contents and procedures for patrolling, controlling and handling administrative violations of road traffic by traffic police. The Circular takes effect from September 15, 2023.
Article 12 of Circular 32 stipulates that when stopping a vehicle, traffic police will check documents related to the person and vehicle, including:
-Driving license.
- Vehicle registration certificate or certified copy of Vehicle registration certificate with original valid receipt from credit institution (during the period the credit institution holds the original Vehicle registration certificate).
-Inspection certificate, technical safety and environmental protection inspection stamp, Certificate of validity of Inspection Certificate and Inspection Stamp (for types of vehicles that are required to be inspected).
-Certificate of compulsory civil liability insurance of motor vehicle owners and other necessary documents.
When stopped by traffic police for patrol and control, if asked to present ID card or CCCD card, traffic participants must comply and provide all requested documents.
However, according to Clause 2, Article 82 of Decree 100/2019/ND-CP (amended by Point b, Clause 32, Article 2 of Decree 123/2021/ND-CP), it is stipulated that:
To ensure the enforcement of the decision on administrative sanction or to verify the circumstances as the basis for sanctioning, the competent authority may decide to temporarily detain the vehicle and documents related to the driver and vehicle violating one of the violations specified in this Decree, according to the provisions of Clause 6 and Clause 8, Article 125 of the Law on Handling of Administrative Violations 2012 (amended and supplemented in 2020).
When the documents are temporarily detained according to the provisions of Clause 6, Article 125 of the Law on Handling of Administrative Violations, if after the deadline for resolving the violation recorded in the administrative violation record, the violator does not come to the headquarters of the competent authority to resolve the violation, but continues to drive the vehicle or use the vehicle to participate in traffic, the violator will be punished as for not having documents.
In addition, Clause 6 of Article 125 of the 2012 Law on Handling of Administrative Violations stipulates as follows: In cases where only a fine is applied to an individual or organization committing an administrative violation, the competent person has the right to temporarily detain one of the following documents in order: driver's license, vehicle circulation permit or other documents related to the exhibits or means of violation until the individual or organization complies with the penalty decision. If the violating individual or organization does not have the above documents, the competent person may temporarily detain the exhibits or means of administrative violation, except for the case specified in Clause 10 of this Article.
Therefore, the traffic police can temporarily detain one of the documents of the traffic violator such as the driver's license, vehicle registration or other documents related to the violating vehicle. If the violator cannot present one of the above documents, the traffic police can temporarily detain the violating vehicle.
Thus, traffic police do not have the right to keep the citizen identification of traffic violators.
In what cases can traffic police stop vehicles?
According to Circular 32/2023, from September 15, 2023, traffic police patrolling will be allowed to stop vehicles for inspection in 4 cases.
- Directly detect or through professional technical equipment detect and collect violations of road traffic laws and other violations of laws.
- Implement orders and plans for general vehicle control to ensure road traffic order and safety and social order; plans for patrolling, controlling and handling violations according to the topic of ensuring road traffic order and safety and social order issued by competent authorities.
- There is a written request from the head or deputy head of the investigation agency; a written request from a relevant competent authority to stop a vehicle for inspection to serve the work of ensuring security and order; fighting and preventing crimes; preventing and combating natural disasters, fires and explosions; preventing and combating epidemics; rescuing and other violations of the law.
The request document must specifically state the time, route, means of transport stopped for control, handling, and participating forces.
- There are reports, reflections, recommendations and denunciations from organizations and individuals about violations of the law by people and vehicles participating in road traffic.
Minh Hoa (t/h)
Source
Comment (0)