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Commune police are allowed to stop vehicles and impose traffic fines like traffic police in some cases.
Circular 32/2023/TT-BCA stipulates the tasks, powers, forms, contents and procedures for patrolling, controlling and handling administrative violations of road traffic by the Traffic Police, effective from September 15, 2023.
Specifically, Article 33 of Circular 32/2023/TT-BCA states that in the absence of traffic police, the commune police shall conduct patrols and inspections according to the plan issued by the competent authority and report the situation and results of patrols, inspections, and handling of violations to the traffic police.
Commune police are only allowed to patrol, control, and handle violations on commune roads and other roads under the commune's management.
When detecting drivers of motorbikes, scooters, electric motorbikes, and rudimentary vehicles committing violations of the law such as:
Not wearing a helmet as prescribed; carrying more people than prescribed; carrying bulky goods or goods exceeding the prescribed size limit; stopping or parking the vehicle in violation of regulations; speeding, weaving, or swerving; not having a rearview mirror on the left; using an umbrella; not being of legal age to operate a vehicle as prescribed or detecting a vehicle that seriously violates traffic order, safety, security, or social order and if not promptly prevented, will cause dangerous consequences for society, will be handled according to the provisions of law.
In the process of resolving and handling the above violations, if other violations are discovered, they will be handled according to authority. If the sanctioning authority is exceeded, a record of administrative violations will be drawn up and a report will be made to the competent authority to issue a decision on administrative sanctions according to the provisions of law;
The command to stop vehicles, conduct inspections and handle violations shall comply with the provisions of Clause 2, Article 12, Article 17, Article 18, Article 20, Article 21, Article 22, Article 24, Article 25, Article 26, Article 27 of Circular 32/2023/TT-BCA.
Pursuant to Clause 4, Article 2 of Circular 37/2018/TT-BGTVT, the local road system includes provincial roads, district roads, commune roads, urban roads and other roads under the management of the Provincial People's Committee, District People's Committee and Commune People's Committee.
Stop traffic for control
According to Circular 32/2023/TT-BCA, traffic police officers performing patrol and control duties according to plan are allowed to stop vehicles for control in the following cases:
- Directly detect or through professional technical equipment and means detect and collect violations of road traffic laws and other violations of laws;
- Implement orders and plans for general control of vehicles to ensure road traffic order and safety and social order; plans for patrolling, controlling and handling violations according to thematic issues to ensure road traffic order and safety and social order issued by competent authorities;
- There is a written request from the Head or Deputy Head of the investigation agency; a written request from a relevant competent authority to stop a vehicle for inspection to serve the work of ensuring security and order; combating and preventing crimes; preventing and combating natural disasters, fires and explosions; preventing and combating epidemics; rescuing and other violations of the law. The written request must specifically state the time, route, vehicle to be stopped for inspection, handling, and participating forces;
- There are reports, reflections, recommendations and denunciations from organizations and individuals about violations of the law by people and vehicles participating in road traffic.
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