During a recent discussion at the National Assembly, delegate Ly Thi Lan, Deputy of the Ha Giang National Assembly Delegation, proposed that the Government issue regulations on training, testing, and use of motorbikes with a capacity of less than 50cc (50 cubic centimeters). This is not the first time the issue of managing drivers of motorbikes under 50cc through testing has been raised. In the first draft of the revised Road Traffic Law in July 2020, it was stipulated that drivers of electric motorbikes and motorbikes under 50cc must take the test to obtain a class A0 driver's license. However, after being widely consulted, the regulation that drivers of motorbikes under 50cc must have a driver's license (GPLX) received many mixed opinions and the drafting agency removed it in subsequent drafts. The draft Law on Road Traffic Order and Safety (chaired by the Ministry of Public Security - including the field of driving license testing instead of the previous draft Law on Road Traffic) being submitted to the 15th National Assembly for comments at the 6th session also does not include provisions on granting driving licenses or testing for drivers of motorbikes under 50cc.
Many "modified" electric motorbikes and electric bicycles
The 2008 Road Traffic Law stipulates that people aged 16 and over are allowed to drive motorbikes under 50cc without having to take a driving test; people aged 18 and over are allowed to drive two-wheeled motorbikes, three-wheeled motorbikes of 50cc or more and vehicles with similar structures. However, lawyer Nguyen Van Hau, Chairman of the Vietnam Lawyers Commercial Arbitration Center, affirmed that the current practical context has changed a lot compared to 2020, requiring strict control of these traffic participants.
Students not wearing helmets driving motorbikes under 50cc on Le Duc Tho Street (Go Vap District, Ho Chi Minh City)
According to Mr. Hau, current regulations allow high school students aged 16-18 to independently participate in traffic by bicycle, electric bicycle, motorbike with a capacity of less than 50cc or electric motorbike. However, many families equip their children with electric motorbikes to go to school when they are only 14-15 years old. In secondary schools, it is easy to see students still wearing red scarves but riding electric bicycles and electric motorbikes to school every day. Meanwhile, small-displacement motorbikes under 50cc, electric motorbikes are increasingly diverse in design, compact, but still have relatively high speeds, can run 20 km/h, 30 km/h, even 50 km/h - equivalent to the speed of adults driving larger-displacement motorbikes, especially in densely populated urban areas such as Hanoi and Ho Chi Minh City.
Not to mention, many students also "modify" their vehicles to make them stronger and run faster. Notably, according to Mr. Hau, students are not fully equipped with traffic knowledge and skills, leading to many accidents. Statistics in some independent studies show that up to 80 - 90% of serious traffic accidents involving children are due to children driving alone. "Riding on the street, we see more and more students lacking skills. In the past, they often just avoided wearing helmets, but now they are much more reckless. They want to turn, they turn, they don't need to look ahead or behind, they don't know how to cross the street properly, they don't know which lanes are allowed, which lanes are not, which roads are prohibited... very dangerous. Meanwhile, they don't have their own lanes, they still travel with tens of thousands of large and small vehicles crowded on the road. Many times, I see students wearing school uniforms, driving aimlessly ahead, even cutting in front of cars and large motorbikes, I'm both angry and worried, I'm afraid to let my children ride on the street by themselves," lawyer Hau cited.
He also said that students are at an age where they are not yet "ripe" in terms of awareness, are very "reckless", and like to express themselves, so if they do not have basic knowledge and are not strictly controlled, the risks and consequences will be very high. Therefore, requiring drivers of vehicles under 50cc to have a driver's license is very necessary.
Lawyer Nguyen Van Hau proposed: After having a policy, the management agency will develop a reasonable learning method and curriculum. There is no need for the courses to be too long or the curriculum to be too heavy. It is also not necessary to create a burden for teachers because they do not have the expertise to teach driving. It is possible to implement a model of testing centers in conjunction with schools to organize short courses with thinner and lighter content than the A1 driving test. Mainly focusing on popularizing the law and basic situation handling skills.
The most important thing is for students to grasp the basic theoretical and practical contents when participating in traffic in urban areas and residential areas. At the same time, the age for high school students to be able to independently participate in traffic by bicycle, electric bicycle, motorbike under 50cc or electric motorbike should be lowered from the current age of 16 to 15 years old. Currently, the age of adulthood of Vietnamese people has changed. Both physically and mentally, children who turn 15 years old are capable of driving these types of vehicles. Not to mention the regulation of 15 years old will also be the same as the age allowed to become a worker under the Labor Law.
Do I have to change my driver's license class when I turn 18?
Agreeing with the proposal to test drivers of vehicles under 50cc, Dr. Tran Huu Minh, Chief of Office of the National Traffic Safety Committee, cited a number of recent studies in Hanoi and Ho Chi Minh City showing that 90% of serious traffic accidents involving children were in the group of children driving to school by themselves. Therefore, according to him, the proposal that people aged 16-18 must have a driver's license when driving electric motorbikes with a capacity of less than 4 kW, motorbikes with a capacity of less than 50 cc is very correct.
Currently, schools are integrating traffic safety education into the main curriculum, but students are only exposed to theory. Meanwhile, many European countries require users of electric vehicles and motorbikes under 50cc to attend classes on traffic laws and basic skills; after completing the course, there will be a test to issue a certificate or driver's license.
Students driving electric motorbikes and vehicles under 50cc on Le Duc Tho Street (Go Vap District, Ho Chi Minh City)
In 2020, when soliciting opinions on the draft revised Road Traffic Law, the Vietnam Road Administration (Ministry of Transport) explained that the regulation of A0 driving licenses in this draft law was to comply with the provisions of the Vienna Convention to which Vietnam has joined. At the same time, it meets the practical requirement that drivers must have an understanding of road traffic rules and good driving skills to ensure safety for themselves and other road users. According to statistics from the National Traffic Safety Committee, 90% of traffic accidents in recent years involved students of high school age (16-18 years old). Meanwhile, about 52% of students go to school by electric bicycles or motorbikes but do not have a driving license.
One question is, if a person drives a vehicle under 50cc, what type of license will it be? And in the case of turning 18, is it necessary to take a test to change the license to a vehicle over 50cc? According to Mr. Tran Huu Minh, in the case of adding this regulation, the drafting agency needs to study more carefully the related issues.
"Not necessary, easy to cause waste"
Agreeing with the view that it is necessary to equip students with sufficient knowledge and skills when they are old enough to drive vehicles under 50cc, Mr. Nguyen Ngoc Tuong, former Deputy Head of the Traffic Safety Committee of Ho Chi Minh City, said that it is not necessary to force them to take a driving test because in principle, if you want to drive, you must learn the law, understand the regulations and have skills.
Currently, in the curriculum of primary and secondary schools, traffic safety education has been integrated, providing basic driving skills for students such as driving on the right side, in the correct lane, wearing helmets... so that they have awareness, perception, and basic understanding of traffic laws. According to him, for vehicles under 50cc, electric bicycles have low speed, the risk of accidents is not as high as large displacement vehicles, so only the basic knowledge at school, combined with close education from the family is enough.
Not to mention, citizens who are 18 years old and want to participate in traffic and use vehicles over 50cc will have to take the A1 driving test. If there is another test for those aged 16-18, it will be a waste of time, effort, money and social costs. Even if the learner is not aware, negative consequences will arise such as buying a license, studying for someone else, taking the test for someone else...
"Therefore, instead of requiring students to take the test, it is more important to change the parents' awareness. Parents must clearly understand that giving their children a car when they are not old enough, do not have the background knowledge, do not understand the law, and do not have enough skills is risky and dangerous for their children. From there, families will be more aware of increasing guidance, teaching, and joining hands with schools to propagate the law and guide their children to participate in traffic safety," said Mr. Nguyen Ngoc Tuong.
Mr. Nguyen Van Quyen, Chairman of the Vietnam Automobile Transport Association, also said that schools have integrated traffic safety education, providing basic driving skills for students (driving on the right side, in the correct lane, wearing helmets...) so combining it with family guidance and instruction would be "better than forcing students to go to driving training centers and take exams".
Basic training courses on driving vehicles under 50cc will certainly cost families more. However, do not think that instead of parents, they will consider, calculate, and be more careful before deciding to give their children a vehicle: only those who are old enough, have enough economic conditions, have enough knowledge and skills can independently participate in traffic. This not only ensures safety for the country's future generations, for millions of people who travel on the road every day, but also contributes to limiting the use of personal vehicles. Thailand allows students aged 15 - 16 to take driving tests and now lawmakers are having a "headache" dealing with the consequences because the streets are severely congested, becoming giant car parks. Therefore, depending on the age and type of vehicle, there needs to be a separate training method. Traffic safety is a very serious problem for the whole nation. If not strictly implemented, the consequences will be very serious.
Lawyer Nguyen Van Hau
Underage driving will be punished as follows:
- Warning penalty for people from 14 years old to under 16 years old driving motorbikes, motorbikes (including electric motorbikes) and similar vehicles or driving cars, tractors and similar vehicles (Clause 1, Article 21, Decree No. 46/2016).
- The act of handing over a vehicle or allowing an unqualified person to drive a vehicle to participate in traffic will be fined from 800,000 to 1 million VND according to the provisions of Point d, Clause 4, Article 30, Decree 46/2016.
Should the age to ride a motorbike be lowered to 13 - 14 years old?
Discussing the draft Law on Road Traffic Order and Safety at the meeting hall yesterday afternoon, November 24, delegate Thai Thi An Chung (Nghe An delegation) said that the age allowed to drive a motorbike should not be lowered to 13 - 14 years old. According to delegate Chung, motorbikes are defined as a type of motor vehicle and a "source of high danger" in the law. Therefore, meeting physical requirements is only a part of the problem of driving a motorbike, the most important is awareness and consciousness of obeying the law when participating in traffic.
"If the age of motorbike drivers is lowered to 13-14 years old, which is the age of junior high school students, then they will not have enough awareness and consciousness in traffic participation, potentially causing traffic accidents," Ms. Chung said. In fact, according to the provisions of current law as well as the draft law, it is stipulated that people aged 16 and over are allowed to drive electric motorbikes (Clause 1, Article 60 of the Road Traffic Law: people aged 16 and over are allowed to drive motorbikes with a cylinder capacity of less than 50cc). However, according to her, many parents "still understand that students starting high school can all use motorbikes".
Road Traffic Law stipulates the age for driving vehicles under 50cc:
- People aged 16 and over are allowed to drive motorbikes with a cylinder capacity of less than 50 cc without a license, only need to have a vehicle registration certificate and civil liability insurance.
- For motorbikes of 50cc or more and cars, tractors, trucks with a load capacity of less than 3,500 kg and cars with 9 seats, you must be 18 years of age or older.
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