The proposal that traffic police are not allowed to check the papers of people sitting behind motorbikes is the content of the draft of the new Law on Traffic Order and Safety related to the rights of traffic police in patrolling and controlling.
 |
| The proposal that traffic police are not allowed to check the papers of people sitting behind motorbikes is the content of the draft Law on Traffic Order and Safety. (Source: TVPL) |
Powers of traffic police in patrolling and controlling today
Currently, according to Circular 65/2020/TT-BCA, the authority of traffic police in patrolling and controlling includes:
(1) Vehicles participating in road traffic (hereinafter referred to as vehicles) may be stopped in accordance with the provisions of the Road Traffic Law, Circular 65/2020/TT-BCA and other relevant legal provisions.
Control people and vehicles participating in road traffic, documents of vehicle drivers, documents of vehicles and personal documents of people on vehicles under control according to regulations of law ; control the implementation of regulations on road transport activities according to regulations of law.
(2) Apply measures to prevent and handle violations of road traffic, social order and other violations according to the provisions of law.
(3) Requesting agencies, organizations and individuals to coordinate and assist in resolving accidents, traffic jams, traffic obstructions or other cases that cause disorder and disruption of road traffic safety.
In urgent cases to protect national security, ensure social order and safety or to prevent consequences of damage to society that are occurring or are at risk of occurring, the Traffic Police on patrol and control duty may mobilize means of transport, means of communication, other means of transport of agencies, organizations, individuals and the people who are driving and using such means. The mobilization is carried out in the form of direct request or in writing.
(4) Be equipped, installed, and use means of transport, vehicles, technical equipment, weapons, and support tools according to the provisions of law and the Ministry of Public Security.
(5) Temporarily suspend traffic on certain road sections, re-allocate traffic lanes, re-allocate routes and places where vehicles are stopped or parked when there is a traffic jam, traffic accident or when there are other necessary requirements to ensure security, order and social safety.
(6) Exercise other powers of the People's Public Security force as prescribed by law.
Thus, according to current regulations, traffic police have the right to check the papers of the person sitting behind the motorbike.
Proposal that traffic police should not check papers of people sitting behind motorbikes
However, in the Draft Law on Traffic Order and Safety, there is a new proposal related to the rights of traffic police in patrolling and controlling as follows:
- Stopping vehicles participating in road traffic in cases specified in Article 55 of the Draft Law on Traffic Order and Safety to control people, vehicles, goods, luggage, vehicle documents and vehicle drivers to detect and prevent violations of the law.
In case the vehicle and driver's document information has been synchronized into the electronic identification account, control of that document information is carried out on the electronic identification account;
- Handling violations of laws on road traffic order and safety and other violations of laws according to the provisions of law on handling administrative violations;
- Mobilize people, vehicles, and civil equipment in urgent cases; move vehicles that violate traffic regulations by stopping or parking on the road, causing traffic obstruction or congestion or risk of causing traffic accidents as prescribed in Article 57 of the Draft Law on Traffic Order and Safety;
- Use professional technical equipment and means to detect administrative violations of road traffic order and safety and other violations of law as prescribed by law;
- Other powers as prescribed by the Law on People's Public Security and relevant legal provisions.
According to this new proposal , when patrolling, traffic police will not be allowed to check the papers of people sitting behind motorbikes as they do now.
Source
Comment (0)