From January 1, 2025, traffic police will handle cases of motor vehicles stopping and parking causing traffic jams.
What to do when the driver closes the car door and leaves?
The Ministry of Public Security said that Circular No. 69/2024 regulating the command and control of road traffic by traffic police will take effect from January 1, 2025.
Among the duties and powers listed in the circular for the traffic police force in charge of commanding and controlling road traffic, there is content allowing the police to handle cases where violators do not comply with handling of violations of traffic order and safety (TTATGT); motor vehicles stop and park causing traffic jams.
When violators do not voluntarily comply, traffic police have the right to remove the vehicle from the traffic jam area and then draw up a violation report.
Specifically, in case the violator does not comply with the handling of the violation when the traffic police discover cars or motorbikes stopping or parking causing traffic congestion, the authorities will explain to the violator clearly their behavior and the solution according to regulations.
When violators do not voluntarily comply, traffic police have the right to ask drivers to present relevant documents for inspection, move vehicles out of traffic jam areas, and draw up administrative violation reports if drivers park illegally or do not comply with police orders.
Traffic police who command and control traffic also have the right to temporarily detain documents or vehicles, invite witnesses to sign the temporary detention record, then invite violators to the unit's headquarters to resolve or guide complaints according to regulations. At the same time, organize traffic guidance and clear congestion.
Notably, Circular No. 69/2024 clearly states that if the driver closes the door and leaves or is not present, the traffic police will use technical equipment to record images and report to the commander to take measures to move the vehicle out of the congested area.
Next, invite witnesses, seal the offending vehicle and make a record according to regulations. At the same time, organize forces to guide, control traffic, and clear congestion.
In case the violator resists
In case of public disorder that obstructs traffic safety, the traffic police command and control traffic using technical equipment to record the incident; immediately stop the behavior, recover weapons (if any), check the identity papers of those involved, and coordinate the organization of emergency aid for victims (if any).
Scene of the passenger bus "hit" a traffic police officer and then fled in Hai Duong in August 2024.
Traffic police also have the right to disperse crowds (if any), make a record of the incident and request those involved to go to the nearest police station or government office to resolve the matter.
"In case the violator intentionally fails to comply with the police's request, uses force or threatens to use force against the person performing official duties, measures must be taken to prevent, stop and handle acts of resisting the person performing official duties according to regulations," Article 21 of Circular No. 69/2024 affirms.
Notably, when drivers do not comply with orders to stop, run away, or even do not comply with requests for control, or incite others to obstruct officers on duty, traffic police have the right to explain and suppress those violators.
Or if the violator insults, threatens, obstructs... the person performing official duties; takes advantage of social networks to provide, share fake information, distort, slander, or insult the reputation of the traffic police force... then the authorities also have the right to prevent it.
Even if the violator drives a vehicle into a person on duty, uses force or weapons to resist a person on duty, commits a crime in flagrante delicto or shows signs of a crime, the traffic police also have the right to take action according to the provisions of Article 73 of the Law on Road Traffic Safety and related regulations of the Ministry of Public Security.
According to Article 73 of the Law on Road Traffic Safety, when a driver does not comply with the request for inspection or control, or obstructs or resists a person performing official duties, the traffic police shall take the following measures:
- Explain to the violator clearly about the behavior; rights and responsibilities of the violator; persuade and request them to immediately stop the violation.
- Apply preventive measures as prescribed by law in case the violator obstructs
- When a violator commits an act of resisting a person performing official duties, depending on the situation, nature, and level of danger of the act, the person performing official duties may use force, support tools, or weapons as prescribed to prevent and defend themselves.
- In case the driver does not comply with the order to stop the vehicle and runs away, the officer on duty is allowed to pursue to prevent and handle the violation.
Source: https://www.baogiaothong.vn/quy-dinh-moi-ve-viec-csgt-xu-ly-xe-co-gioi-dung-do-gay-un-tac-192241122222429192.htm
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