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When are traffic police allowed to mobilize people's vehicles?
According to Clause 3, Article 8 of Circular 32/2023/TT-BCA, 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, traffic police officers performing patrol and control duties may mobilize means of transport, means of communication, other means of transport of agencies, organizations, individuals and people who are driving and using such means according to the provisions of the Law on People's Public Security. Mobilization is carried out in the form of direct requests or in writing.
Thus , only in urgent cases to protect national security, ensure social order and safety or to prevent social damage that is occurring or is at risk of occurring, the traffic police force performing patrol and control duties will have the right to mobilize people's vehicles and the form of mobilization can be direct or in writing.
Content of patrol and control of traffic police
Specifically, Article 12 of Circular 32/2023/TT-BCA stipulates the content of patrol and control by traffic police as follows:
(1) Patrol content
- Observe and grasp the situation of traffic order and safety on road routes; prevent violations, traffic accidents, traffic jams; maintain order and safety on roads;
- Detect, prevent and handle violations of road traffic laws and other violations of laws according to regulations;
- Ensure order, traffic safety, security and order on road traffic routes;
- Assist and support people and vehicles participating in road traffic when necessary;
- Perform other tasks assigned by competent authorities according to regulations.
(2) Content of control
- Control documents related to people and vehicles, including:
Driving license; Certificate of training in road traffic law, License, Certificate of driving specialized motorbikes; 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 related documents as prescribed (hereinafter referred to as documents).
When the databases are connected to the electronic identification and authentication system and information about the status of documents is determined, control through checking and comparing information of those documents in the electronic identification account is as valuable as directly checking the documents;
- Control traffic conditions of vehicles
Conduct inspections in order from front to back, from left to right, from outside to inside, from top to bottom, including the following contents: Shape, external dimensions, paint color, license plates on the front, rear and sides of the vehicle; technical safety and environmental protection conditions of road motor vehicles and specialized motorbikes according to regulations;
- Control compliance with legal regulations on road transport safety
Control the legality of goods, types, volume, quantity, specifications, sizes; objects; actual number of people transported compared to permitted regulations and safety measures in road transport;
- Control other related content according to the provisions of law.
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