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| Traffic police's procedure for stopping and fining vehicles from September 15, 2023. (Source: TVPL) |
The Minister of Public Security issued Circular 32/2023/TT-BCA dated August 1, 2023, stipulating the tasks, powers, forms, contents and procedures for patrolling, controlling and handling administrative violations of road traffic by the Traffic Police.
Traffic Police's procedure for stopping and fining vehicles from September 15
According to Article 18 of Circular 32/2023/TT-BCA, when the vehicle to be controlled has stopped at the location as instructed, the Traffic Police officer assigned to perform the control duty must stand at a suitable and safe location and perform the following:
- Require vehicle drivers to take safety measures and get off the vehicle.
- Salute according to the People's Police Regulations (except in cases where the person is known to have committed an act with signs of a crime, is caught red-handed, or is wanted). When contacting a person who has committed a crime, traffic police officers must maintain the correct posture, manners, and behavior, and behave appropriately.
- Notify the vehicle driver and people on the vehicle of the reason for the inspection; request the vehicle driver to present relevant documents or information of relevant documents in the electronic identification account as prescribed in Point a, Clause 2, Article 12 of Circular 32/2023/TT-BCA for inspection:
+ In case the vehicle driver presents documents, check and compare those documents directly;
+ In case the vehicle driver provides information of documents in the electronic identification account, check and compare the information of those documents in the electronic identification account.
During the control process, if it is discovered that the electronic identification account has signs of forgery or that an individual or organization has committed a violation that requires temporary detention, deprivation of the right to use, revocation, confiscation of documents, or violations that require verification of documents, it is requested to present those documents for handling in accordance with the provisions of law;
+ Implement control of contents according to regulations in Clause 2, Article 12, Circular 32/2023/TT-BCA.
For passenger vehicles with 10 seats or more, passenger vehicles with dimensions equivalent to passenger vehicles with 10 seats or more must go directly to the passenger compartment to carry out the inspection and notify the inspection results.
- After completing the inspection, the Traffic Police officer reports to the Team Leader about the inspection results, notifies the vehicle driver and people on the vehicle of the inspection results, violations (if any) and handling measures.
- When there is reason to believe that a traffic participant, means of transport, or object contains hidden evidence, means, or documents used to commit an administrative violation, the person, means of transport, or object may be searched in accordance with the provisions of the law on handling administrative violations.
- In case of detecting signs of crime, it shall be implemented according to the provisions of the law on criminal procedure.
Traffic police's command to stop vehicles
Traffic Police's command to stop a vehicle according to Article 17 of Circular 32/2023/TT-BCA is as follows:
- Traffic police's command to stop a vehicle is carried out through one of the following signals or a combination of the following signals:
+ Traffic batons, horns, loudspeakers, priority signals of patrol and control vehicles;
+ Other signals as prescribed by law, including: signs, markers, barriers.
- Command to stop a vehicle when checking at a point on the road, at the Traffic Police Station:
+ Traffic police officers choose a suitable position, stand at attention, face the vehicle to be controlled, signal the vehicle to stop at a safe distance; hold the traffic baton in their right hand and point at the vehicle to be controlled, at the same time blow the whistle firmly, instructing the driver of the vehicle to be controlled to stop at a suitable, safe position for control;
+ When receiving a signal, the driver must reduce speed and stop the vehicle in the position instructed by the Traffic Police.
- Command to stop a vehicle while sitting in a patrol vehicle, mobile control
+ In case the patrol and control vehicle is traveling in the same direction and in front of the vehicle that needs to be controlled
Traffic police officers hold the traffic baton horizontally to the right or left side of the patrolling and controlling vehicle (depending on the road section and lane in which the vehicle to be controlled is traveling), then raise it vertically, perpendicular to the ground; use the horn, loudspeaker, and give priority signals of the patrolling and controlling vehicle, instructing the driver of the vehicle to be controlled to stop at a suitable and safe location for control. Upon receiving the signal, the driver must reduce speed and stop the vehicle at the location as instructed by the traffic police officer;
+ In case the patrol and control vehicle is traveling in the same direction and behind the vehicle that needs to be controlled
Traffic police officers use loudspeakers to broadcast priority signals of patrolling and controlling vehicles; instruct drivers of vehicles that need to be controlled to stop at appropriate and safe locations for control.
In case of necessity, if safety is ensured, patrol and control vehicles may pass in front of the vehicle that needs to be controlled and carry out the command to stop the vehicle as prescribed in Point a, Clause 3, Article 17 of Circular 32/2023/TT-BCA.
When receiving a signal, the driver must reduce speed and stop the vehicle in the position instructed by the Traffic Police officer.
See also Circular 32/2023/TT-BCA effective from September 15, 2023 replacing Circular 65/2020/TT-BCA.
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