The Ministry of Public Security is drafting a Decree to replace Decree No. 109/2009/ND-CP dated December 1, 2009 regulating the signals of priority vehicles.
The draft clearly states that priority signaling equipment includes: Priority signaling horn; priority flag and priority signaling light.
Currently, in Article 3, Decree 109/2009/ND-CP stipulates 4 groups of vehicles performing emergency tasks including: Military vehicles performing emergency tasks; Police vehicles performing emergency tasks; Ambulances performing emergency tasks; Vehicles performing emergency tasks (vehicles performing special measures when there is a serious threat to national security and social order and safety or when there is a major disaster or dangerous epidemic).
However, in the draft decree, the Ministry of Public Security proposed that the subjects that are allowed to install and use vehicle signaling devices with priority include:
First, the fire truck goes on duty.
Second, military vehicles on emergency missions, including: military vehicles performing firefighting, rescue, disaster relief, combat command, urgent information missions, marching group command, vehicles performing military control missions, checking military vehicles, protecting groups; vehicles performing arrest, search or investigation activities, escorting criminals, prisoners, participating in preventing and combating terrorism.
Third, police vehicles on emergency missions, including: vehicles on rescue missions; vehicles on arrest, search or conduct investigation activities, escort criminals, prisoners, fight against protests, riots, disperse crowds that disturb public order; vehicles on traffic patrol and control missions; vehicles on guard missions; anti-terrorism command vehicles; information vehicles on urgent missions; vehicles commanding military convoys.
Fourth, traffic police car leads the way.
Fifth, an ambulance on emergency duty is a vehicle that is transporting an emergency patient or picking up an emergency patient.
Sixth, dyke protection vehicles on duty, vehicles on duty to respond to incidents, natural disasters, and epidemics.
Seventh, vehicles on duty in an emergency situation as prescribed by law, including: vehicles serving the Steering Committees assisting the Prime Minister in implementing the Resolution of the National Assembly Standing Committee or the President's Order declaring a state of emergency; vehicles serving rescue, medical, environmental protection, agricultural forces and other forces mobilized by the Steering Committee to implement special measures in an emergency situation.
Also in the draft decree, the Ministry of Public Security proposed to stipulate the following prohibited acts:
Priority vehicles but install and use horns, flags, and priority signal lights that are not of the correct type, in the wrong location, or not fully installed according to the provisions of this Decree.
Priority vehicles use priority signals when not on duty or take advantage of priority signals to commit illegal acts.
Vehicles on duty in an emergency situation as prescribed by law use priority signals when a state of emergency has not been declared and apply special measures in an emergency situation.
Drivers of priority vehicles who use priority signals cause traffic insecurity for other traffic participants, affect security and order, and do not comply with traffic controllers' commands.
Road motor vehicles that are not subject to priority but install or use horns, flags, priority signal lights or install similar devices that cause confusion to other traffic participants.
How will the unauthorized installation and use of priority vehicle signaling devices be handled?
Clause 2, Article 15 of Decree 109/2009/ND-CP dated December 1, 2009 of the Government stipulates: "It is strictly forbidden for road motor vehicles that are not priority vehicles to install or use horns, flags, and priority signal lights, or for priority vehicles to install or use horns, flags, and priority signal lights that are not in accordance with the provisions of this Decree."
Vehicles that are not entitled to priority and install or use the signaling device of vehicles with priority will be subject to administrative sanctions according to the provisions of Point e, Clause 4, Article 5 and Point g, Clause 2, Article 6 - Decree No. 100/2019/ND-CP dated December 30, 2019 of the Government (amended and supplemented by Decree No. 123/2021/ND-CP dated December 28, 2021) regulating sanctions for administrative violations in the field of road and rail traffic.
Specifically, a fine of VND 2,000,000 to VND 3,000,000 shall be imposed on drivers of cars and similar vehicles who commit one of the following violations: Vehicles not entitled to priority install or use signaling devices of vehicles entitled to priority.
In addition to being fined, drivers of cars and similar vehicles committing the above violations will also have their priority signal devices installed and used in violation of regulations confiscated and their driving licenses revoked for 1 to 3 months; In case the violation causes a traffic accident, the driving license will be revoked for 2 to 4 months.
Fines from VND 300,000 to VND 400,000 shall be imposed on drivers of motorbikes, mopeds (including electric motorbikes), motorbike-like vehicles and moped-like vehicles who commit one of the following violations: Vehicles not entitled to priority install or use signal devices of vehicles entitled to priority.
In addition to being fined, drivers of motorbikes, mopeds (including electric motorbikes), motorbike-like vehicles and motorbike-like vehicles who commit the above violations will also have their priority signal devices installed or used in violation of regulations confiscated; In case of committing a violation that causes a traffic accident, their driving license will be revoked for 02 to 04 months.
Not giving way to priority vehicles, how much is the fine?
According to Decree 100/2019/ND-CP, vehicles violating the law of not giving way or obstructing priority vehicles that are signaling priority while on duty will be subject to the following penalties:
Status | Vehicle | Penalty level | Base |
1 | Car | + From 3 - 5 million VND; + Driver's license revocation from 1 - 3 months. + Driver's license revocation from 2 - 4 months (if causing traffic accident). | Point h, Clause 5, Point b, Point c, Clause 11, Article 5 |
2 | Motorbike | + From 600,000 VND - 1 million VND; + Driver's license revocation from 1 - 3 months; + Driver's license revocation from 2 - 4 months (if causing traffic accident). | Point d, Clause 4, Point b, Point c, Clause 10, Article 6 |
3 | Tractors, special purpose vehicles | + From 800,000 VND - 1 million VND; + Revoke driving license and certificate of training in road traffic law for 1 - 3 months. + Revoking driving license and certificate of training in road traffic law for 2 - 4 months. | Point e, Clause 4, Point a, Point b, Clause 10, Article 7 |
Order of vehicles with priority
Pursuant to Article 22 of the 2008 Road Traffic Law, the following vehicles have the right of way over other vehicles when crossing intersections from any direction in the following order of priority:
1- Fire truck on duty
2- Military vehicles, police vehicles on emergency missions, convoys with police cars leading the way.
3- The ambulance is on an emergency mission.
4- Dike protection vehicles, vehicles on duty to deal with natural disasters, epidemics or vehicles on duty in emergency situations as prescribed by law.
5- Funeral procession.
Thus, according to the above regulations, there are 5 types of vehicles that have the right of way when crossing intersections from any direction.
The above vehicles (except funeral processions) when on duty must have horn, flag and light signals according to regulations; are not subject to speed restrictions; are allowed to enter the opposite lane, other roads are passable, even when there is a red light signal and must only follow the instructions of the traffic controller.
When there is a signal from a vehicle with priority, traffic participants must quickly reduce speed, avoid or stop close to the right curb to give way. Do not obstruct the vehicle with priority.
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