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1. Can violators ask traffic police to review the violation image?
According to Article 19 of Circular 32/2023/TT-BCA, regulations on detecting administrative violations through professional technical means and equipment are as follows:
- Traffic police officers use professional technical equipment and means to detect and collect violations of the law by people and vehicles participating in road traffic. Drivers of vehicles participating in traffic are responsible for cooperating with requests for inspection and control through professional technical equipment and means of traffic police officers.
- The results collected by professional technical equipment and means are photos, images, printed forms, measurement indexes, data stored in the memory of professional technical equipment and means; are counted, listed, printed into photos or records of violations and kept in the administrative violation case file according to the provisions of law and the Ministry of Public Security on file work.
- When technical equipment and vehicles detect and collect information and images of illegal acts of people and vehicles participating in road traffic, the person with the authority to impose penalties shall do the following:
+ Organize forces to stop vehicles to control and handle violations according to regulations. In case the violator requests to see information, images, and collected results about the violation, the Traffic Police Team will show them at the control point ; if there is no information, images, or results at the control point, the violator will be instructed to see them when he/she comes to handle the violation at the unit's headquarters;
+ In case the violating vehicle cannot be stopped for control and handling of the violation, the provisions of Article 28 of Circular 32/2023/TT-BCA shall apply.
Thus , violators are asked to show traffic police information, images, and collected results about the violation.
2. Duties of traffic police in patrolling and controlling
Specifically, Article 7 of Circular 32/2023/TT-BCA stipulates the duties of traffic police in patrolling and controlling as follows:
- Comply with legal regulations and orders, patrol, control and violation handling plans issued by competent authorities.
- Patrol, control, and handle violations to ensure order and road traffic safety within assigned routes and areas.
- Timely detect, prevent and handle violations of road traffic and other violations of law according to regulations; coordinate with road management agencies to detect and prevent violations of regulations on protection of road works and road safety corridors.
- Investigate and resolve traffic accidents according to the provisions of law and the Ministry of Public Security.
- Directly coordinate with units inside and outside the People's Public Security force to combat crimes and other law violations on road traffic routes. Participate in preventing and combating terrorism, riots; preventing and combating epidemics, natural disasters, fires; and rescue on road traffic routes according to regulations.
- Through patrolling, controlling and handling violations, perform the following tasks:
+ Detect loopholes, shortcomings and inadequacies in state management of security, order and road traffic to report and propose to competent authorities to recommend to functional agencies to take timely remedial measures;
+ Guide, propagate and mobilize people to participate in ensuring order and safety of road traffic and comply with road traffic laws.
- Perform other tasks of the People's Public Security force as prescribed by law.
3. Powers of traffic police in patrolling and controlling
Pursuant to Article 8 of Circular 32/2023/TT-BCA, the powers of the Traffic Police in patrolling and controlling include:
- Stopping vehicles participating in road traffic (hereinafter referred to as vehicles) according to the provisions of the 2008 Road Traffic Law, Circular 32/2023/TT-BCA and relevant legal provisions.
Control people and vehicles, documents of vehicle drivers, vehicle documents and personal documents of people on vehicles under control according to the provisions of law; control the implementation of regulations on road transport safety.
- Apply measures to prevent and handle administrative violations of road traffic, social order and other violations of the law as prescribed.
- Requesting agencies, organizations and individuals to coordinate and support in resolving accidents, traffic jams, traffic obstructions or other cases causing 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, 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 the person driving and using such means of transport according to the provisions of the Law on People's Public Security. Mobilization is carried out in the form of direct request or in writing.
- Be equipped with and use means of transport; professional technical equipment and vehicles; weapons, support tools; means of communication; other technical means according to the provisions of the Law on Handling of Administrative Violations (amended and supplemented in 2020); Law on management and use of weapons, explosives and support tools; other provisions of relevant laws and of the Ministry of Public Security.
- Temporarily suspend traffic on certain road sections, re-allocate traffic lanes, re-allocate routes and places where vehicles can be 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.
- Exercise other powers of the People's Public Security force as prescribed by law.
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