In what cases are traffic police allowed to stop vehicles for inspection? When people do not violate the law, are traffic police allowed to stop vehicles for inspection? Please refer to the article below.
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| In what cases are traffic police allowed to stop vehicles for inspection? (Source: TVPL) |
1. 04 cases where traffic police are allowed to stop vehicles for inspection
Traffic police are allowed to stop vehicles for inspection in the following 4 cases:
(1) Directly detect or through professional technical means and equipment detect and record violations of road traffic laws and other violations of laws;
(2) Implement orders and plans for general control of road vehicles, patrol, control and violation handling plans according to topics approved by competent authorities;
(3) 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, order, fighting against crime and other violations of the law.
The request document must specifically state the time, route, means of transport stopped for control, handling, and participating forces;
(4) Reports, reflections, recommendations and denunciations from organizations and individuals about violations of the law by people and vehicles participating in road traffic.
(Clause 1, Article 16, Circular 65/2020/TT-BCA)
2. Requirements when traffic police stop vehicles for inspection
Stopping and controlling vehicles must ensure the following requirements:
- Safe, in accordance with the law, not causing obstruction to traffic activities. When stopping the vehicle, it is necessary to carry out control and handle violations (if any) according to the law;
- When stopping and checking at a point, at a Traffic Police Station, the requirements specified in Point a of this Clause and the following requirements must be ensured:
+ Place barriers with conical posts or ropes stretched along the road in the road section, lane close to the curb or sidewalk to form an area to ensure traffic order and safety according to the regulations of the Ministry of Public Security on implementing democracy in ensuring traffic order and safety.
The minimum length of the barrier is 100m for expressways, 50m for national highways and 30m for provincial roads, district roads, urban roads, communal roads and specialized roads;
+ The area to ensure traffic order and safety must comply with the provisions of the law on road traffic and other relevant laws; have enough area to arrange and install technical means and equipment, control and handle traffic violations; arrange traffic police to guide and regulate traffic, and ensure traffic safety.
In case of control on the highway, sign No. 245a "Slow down" or sign No. 245b (for international routes) must be placed in front of the Traffic Police Team in the direction of the vehicle to be controlled according to the provisions of the law on road signs;
- When stopping and controlling vehicles on the highway, the above requirements and the following requirements must be ensured:
+ When controlling at a point, vehicles can only be stopped to control and handle violations at the following locations: Toll station area, starting point, and ending point of the highway;
+ When patrolling and controlling mobile vehicles, vehicles may only be stopped in the emergency lane to control and handle violations in the following cases: Detecting serious violations of traffic order and safety, with immediate risks of causing traffic insecurity; coordinating the fight against crime; reporting and denouncing violations of the law by people and vehicles traveling on the highway; detecting vehicles stopping or parking improperly on the highway.
When the incident is resolved, the stakes, ropes, and signs must be cleared and moved immediately.
(Clause 2, Article 16, Circular 65/2020/TT-BCA)
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