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| From September 15, if people do not violate the law, can traffic police stop and check vehicles? |
From September 15, if there are no violations, can traffic police stop vehicles for inspection?
According to the provisions of Clause 1, Article 16 of 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:
(1) Directly detect or through professional technical means and equipment detect and collect violations of road traffic laws and other violations of laws;
(2) 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;
(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 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;
(4) There are reports, reflections, recommendations, and denunciations from organizations and individuals about violations of the law by people and vehicles participating in road traffic.
Based on the above regulations, traffic police are still allowed to stop vehicles for inspection even when people do not violate the regulations in cases (2) and (3).
Requirements when traffic police stop vehicles for inspection
(i) Stopping and controlling vehicles must ensure the following requirements:
- Safe, in accordance with the law, not causing obstruction to traffic activities;
- When stopping a vehicle, it is necessary to carry out control and handle violations (if any) according to regulations.
(ii) When stopping and checking at a point on a traffic road, at a Traffic Police Station, requirement (i) 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.
Based on the actual situation and characteristics of the traffic route, deploy the appropriate length of the barrier to ensure safety;
- 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 space to arrange and install professional technical equipment and means, control and handle violations; based on the actual situation in the control area and the control topic, it is possible to arrange traffic police officers to guide and regulate traffic, ensuring traffic safety.
(iii) When stopping and controlling vehicles on the highway, requirements (i), (ii) and the following requirements must be ensured:
- When controlling at a point, vehicles may 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 traffic, vehicles may only be stopped in the emergency lane to control and handle violations in the following cases:
+ Detect serious violations of traffic order and safety, risks of causing immediate traffic insecurity; coordinate in the fight against crime;
+ Prevention of natural disasters, fires and explosions; rescue;
+ Report, denounce and reflect on violations of the law by people and vehicles traveling on the highway;
+ Detect vehicles stopping or parking illegally on the highway.
After resolving the incident, the markers, ropes, and warning signs must be cleared away and moved immediately;
- Place sign number 245a "Slow down" or sign number 245b (for international routes) in front of the Traffic Police Team in the direction of the traffic that needs to be controlled according to the provisions of the road sign law.
(Clause 2, 3, 4, Article 16, Circular 32/2023/TT-BCA)
Circular 32/2023/TT-BCA takes effect from September 15, 2023.
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