Stopping on the highway to go to the bathroom, is it illegal?

According to the provisions of Clause 3, Article 26 of the 2008 Road Traffic Law on traffic on highways, drivers are only allowed to stop or park in designated areas. In case of being forced to stop or park in an incorrect location, the driver must move the vehicle out of the roadway. If this is not possible, he must signal to other drivers.

Also according to the provisions of the 2008 Road Traffic Law, emergency lanes on highways can only be used in some urgent and emergency cases such as when the vehicle has a technical problem, the driver or passenger in the vehicle has health problems and cannot continue to drive safely.

These situations include vehicle breakdown, vehicle occupants requiring medical assistance, or the driver encountering another emergency situation where he or she is unable to continue driving.

The 2008 Road Traffic Law stipulates that drivers may only stop and park their vehicles in designated areas.

Current laws do not have specific regulations on stopping to use the toilet on the highway, so stopping to use the toilet is not considered an emergency situation that is sufficient to allow the use of the emergency lane.

According to Article 25 of the 2024 Law on Road Traffic Order and Safety (effective from January 1, 2025), drivers are only allowed to stop or park their vehicles in designated areas. In case of technical problems or other force majeure that force them to stop or park, they are allowed to stop or park in the emergency lane in the same direction as the vehicle is traveling and must signal with emergency lights.

In case the vehicle cannot move into the emergency lane, it must signal with emergency lights and place a sign or warning light at least 150 m behind the vehicle, quickly notify the Traffic Police agency responsible for ensuring traffic safety and order on the route or the highway management agency.

Thus, although there is still much debate about whether going to the toilet should be considered an "emergency", the 2008 Road Traffic Law and the Law on Traffic Order and Safety, which will take effect from January 1, 2025, do not stipulate that this is an emergency.

According to Point d, Clause 7, Point c, Clause 11, Article 5 of Decree 100/2019/ND-CP, amended and supplemented by Decree 123/2021/ND-CP, people who stop or park their vehicles (cars) in violation of regulations on the highway, without signaling to let other drivers know when they are forced to stop or park, will be fined from VND 10,000,000 to VND 12,000,000 and have their driving license revoked for 2 to 4 months.

Chau Thu

Source: https://vtcnews.vn/dung-xe-tren-cao-toc-de-di-ve-sinh-co-pham-luat-ar908104.html