What is the maximum penalty for violating road traffic regulations under the Penal Code? - Reader Thanh Hiep
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1. Penalties for violating road traffic regulations (Article 260 of the Penal Code)
The penalty for violating regulations on road traffic participation is stipulated in Article 260 of the 2015 Penal Code, amended in 2017, as follows:
* Frame 1:
Anyone who participates in road traffic and violates road traffic safety regulations, causing damage to others in one of the following cases, shall be subject to a fine of from VND 30,000,000 to VND 100,000,000, non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:
- Causing death;
- Causing injury or damage to the health of 01 person with a body injury rate of 61% or more;
- Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 61% to 121%;
- Causing property damage from 100,000,000 VND to under 500,000,000 VND.
* Frame 2:
Committing a crime in one of the following cases shall be punishable by imprisonment from 03 years to 10 years:
- No driving license as prescribed;
- In a state of using alcohol or beer with blood or breath alcohol concentration exceeding the prescribed level, using drugs or other strong stimulants;
- Running away to avoid responsibility or intentionally not helping the victim;
- Failure to comply with the orders of the driver or traffic guide;
- Killed 02 people;
- Causing injury or damage to the health of 02 or more people with the total body injury rate of these people from 122% to 200%;
- Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.
* Frame 3:
Committing a crime in one of the following cases shall be punishable by imprisonment from 07 years to 15 years:
- Causing the death of 3 or more people;
- Causing injury or damage to the health of 03 or more people, with the total body injury rate of these people being 201% or more;
- Causing property damage of VND 1,500,000,000 or more.
* Violation in cases where there is a real possibility of leading to consequences:
Violating regulations on road traffic participation in cases where there is a real possibility of leading to consequences specified in frames 1, 2, 3, if not prevented in time, shall be subject to a fine of VND 10,000,000 to VND 50,000,000, non-custodial reform for up to 01 year or imprisonment from 03 months to 01 year.
* Additional penalties:
Offenders may also be banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
2. Prohibited acts when participating in road traffic
- Destroying roads, bridges, tunnels, ferry terminals, traffic lights, markers, signs, convex mirrors, median strips, drainage systems and other works and equipment belonging to the road traffic infrastructure.
- Illegally digging, drilling, cutting roads; illegally placing or leaving obstacles on the road; placing or spreading sharp objects, pouring slippery substances on the road; illegally leaving materials, waste, or littering on the road; illegally opening or connecting roads to main roads; illegally encroaching, occupying, or using road land or road safety corridors; arbitrarily opening manhole covers, illegally dismantling, moving, or distorting road works.
- Illegal use of roads, sidewalks, and pavements.
- Using motor vehicles and specialized motorbikes that do not meet technical safety and environmental protection standards on road traffic.
- Changing the vehicle's assemblies, components, and accessories to temporarily meet the vehicle's technical standards when undergoing inspection.
- Racing, cheering on racing, organizing illegal racing, weaving, and swerving.
- Driving a road vehicle while having drugs in the body.
- Driving a vehicle on the road while having alcohol concentration in the blood or breath
- Driving a motor vehicle without a driver's license as prescribed.
- Driving a specialized motorbike on the road without a certificate of training in road traffic law, a license or certificate to drive a specialized motorbike.
- Handing over motor vehicles and specialized motorbikes to people who are not qualified to drive vehicles on the road.
- Driving a motor vehicle at a speed exceeding the prescribed speed limit, competing for the road, or recklessly overtaking.
- Honking and revving the engine continuously; honking from 10pm to 5am, honking the air horn, using high beams in urban areas and densely populated areas, except for priority vehicles on duty as prescribed by this Law.
- Installing and using horns and lights not in accordance with the manufacturer's design for each type of motor vehicle; using audio equipment that disrupts traffic safety and public order.
- Transporting prohibited goods, illegally transporting or not fully complying with regulations on transporting dangerous goods and wild animals.
- Threatening, insulting, fighting over, enticing passengers; forcing passengers to use services against their will; transferring, unloading passengers or other acts to avoid detection of overloaded vehicles or vehicles carrying more people than the prescribed number.
- Transport business by car without meeting the business conditions as prescribed.
- Fleeing after causing an accident to avoid responsibility.
- When having the conditions but intentionally not helping people in traffic accidents.
- Infringement of life, health and property of victims and accident perpetrators.
- Taking advantage of traffic accidents to assault, threaten, incite, pressure, disrupt order, or obstruct the handling of traffic accidents.
- Taking advantage of one's own position, power, or profession or that of others to violate road traffic laws.
- Illegally manufacturing, using or buying and selling license plates of motor vehicles and specialized motorbikes.
- Violations of road traffic rules and other acts that endanger people and vehicles participating in road traffic.
(Article 8 of the 2008 Road Traffic Law, amended by Clause 1, Article 35 of the 2019 Law on Prevention and Control of Alcohol and Beer Harms)
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