Circular No. 16/2001/TT-BGTVT guides the violations of traffic order and safety on roads and urban areas that the Road Traffic Inspectors have the authority to penalize, including improper parking, carrying oversized cargo beyond regulations, and other acts hindering traffic. This Circular applies to the Road Traffic Inspectors.
适用范围
Road Traffic Inspectors
要点
- Road Traffic Inspectors only handle violations at static traffic locations such as bus stations, weighbridges, railway stations, ports, or where vehicles are parked, stopped, or stationed.
- For violations stipulated in Article 9, Road Traffic Inspectors only handle cases involving the drivers of simple vehicles, animal-drawn carts, human-pulled or pushed vehicles carrying oversized cargo beyond regulations; stopping or parking on roads and sidewalks where it is not permitted by law.
- For violations stipulated at point b Clause 2 Article 13, Road Traffic Inspectors only handle improper parking such as parking outside designated areas, picking up or dropping off passengers in unauthorized locations, or parking on sites damaging traffic infrastructure.
- For violations stipulated at point e Clause 4 Article 13, Road Traffic Inspectors only handle cases when traffic guidance personnel, with traffic insignia, signal at locations requiring guidance for people and vehicles participating in traffic.
- For violations stipulated at point k Clause 4, points c, d, đ Clause 5 Article 13, Road Traffic Inspectors only conduct inspections and handle cases at locations where vehicles are parked on roads, at bus stations, weighbridges, railway stations, ports.
🌐 本文件的社会影响
- Positive impact: Ensuring traffic order and safety and enhancing the effectiveness of Road Traffic Inspector activities.
- Negative impact: Causing inconvenience to citizens if they are inspected improperly, leading to wasted travel time.
❓ 常见问题
Where can traffic inspectors impose administrative penalties?
Traffic inspectors only consider and handle violations at static traffic locations such as bus stations, weighbridges, railway stations, ports, or where vehicles are parked, stopped, or stationed.
When can traffic inspectors penalize the driver of a simple vehicle?
Traffic inspectors only handle cases involving the drivers of simple vehicles, animal-drawn carts, human-pulled or pushed vehicles carrying oversized cargo beyond regulations; stopping or parking on roads and sidewalks where it is not permitted by law.
Where can traffic inspectors penalize improper parking?
For violations stipulated at point b Clause 2 Article 13, Road Traffic Inspectors only handle improper parking such as parking outside designated areas, picking up or dropping off passengers in unauthorized locations, or parking on sites damaging traffic infrastructure.
When can traffic inspectors penalize traffic guidance personnel?
For violations stipulated at point e Clause 4 Article 13, Road Traffic Inspectors only handle cases when traffic guidance personnel, with traffic insignia, signal at locations requiring guidance for people and vehicles participating in traffic.
When can traffic inspectors penalize unregistered vehicle operation?
For violations stipulated at point k Clause 4, points c, d, đ Clause 5 Article 13, Road Traffic Inspectors only conduct inspections and handle cases at locations where vehicles are parked on roads, at bus stations, weighbridges, railway stations, ports. Specifically, when inspecting and discovering the act of operating a vehicle without registration or failing to transfer registration according to the law, Road Traffic Inspectors must handle the case and immediately notify the police agency.
全文
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MINISTRY OF TRANSPORTATION |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 16/2001/TT-BGTVT |
Hanoi, September 5, 2001 |
CIRCULAR
Guidelines on certain points regarding administrative penalties for violations of traffic safety regulations affecting road traffic order and
traffic safety in urban areasCiting Decree No. 36/2001/NĐ-CP dated July 10, 2001 of the Government on ensuring traffic order and safety on roads and in urban areas;
Citing Article 21 of Decree No. 39/2001/NĐ-CP dated July 13, 2001 of the Government stipulating administrative penalties for violations of traffic order and safety on roads and in urban areas;
To ensure that the Road Transport Inspection Force performs their duties in accordance with the powers prescribed in Decree No. 39/2001/NĐ-CP and other relevant legal documents uniformly throughout the country, the Ministry of Transport hereby provides guidelines on certain points as follows:
I - Violations subject to administrative penalties as prescribed in Decree No. 39/2001/NĐ-CP for which the Road Transport Inspection Force has the authority to impose penalties.
1 - In principle, the Road Transport Inspection Force shall only examine and handle violations committed by road users as stipulated in Article 21 of Decree No. 39/2001/NĐ-CP dated July 13, 2001 at static traffic locations such as bus stations, weighbridges, railway stations, ports, or where vehicles are parked, stopped, or parked. The Road Transport Inspection Force shall not stop moving road vehicles for inspection; stopping moving road vehicles for inspection and control shall only be carried out when clear violations that may cause damage to road infrastructure are detected, and they must bear legal responsibility for their decisions. Any abuse of duties and powers by the Road Transport Inspection Force to cause inconvenience or harassment to vehicle drivers is strictly prohibited.
2 - Guidelines on certain new points regarding administrative penalties prescribed in Decree No. 39/2001/NĐ-CP within the jurisdiction of the Road Transport Inspection Force.
a - For violations stipulated in Article 9, the Road Transport Inspection Force shall only handle cases where the driver of a non-motorized vehicle, animal-drawn vehicle, or manually pulled or pushed vehicle carrying oversized cargo exceeds the specified limits; stops or parks on roads or sidewalks where parking is not permitted by law and at other static traffic locations causing obstruction to traffic; unloads or loads goods making loud noises from 10 PM to 5 AM; transports materials or waste causing spillage on the road, affecting urban cleanliness. Using a pushcart as a mobile stall on the road contrary to regulations obstructing traffic.
b - For violations stipulated in point b Clause 2 Article 13, the Road Transport Inspection Force shall only handle cases where vehicles are parked or stopped improperly, such as parking outside designated areas, picking up or dropping off passengers in unauthorized locations, or parking on areas harmful to road infrastructure or where there are signs prohibiting parking, obstructing visibility and posing danger to other vehicles.
c - For violations stipulated in point e Clause 4 Article 13, the Road Transport Inspection Force shall only handle cases when traffic guidance personnel, identified by traffic uniforms and signals, are present at locations requiring traffic guidance, such as ferry terminals, ports, railway stations, bus stations, parking lots, construction sites, and weighbridges.
d - For violations stipulated in point k Clause 4, points c, d, đ Clause 5 Article 13, the Road Transport Inspection Force shall only conduct inspections and handle cases at locations where vehicles are parked or stopped on roads, at bus stations, weighbridges, railway stations, and ports. Specifically, if during inspection it is found that the vehicle is being driven without registration or without compliance with the law's transfer requirements, the Road Transport Inspection Force shall handle the case and immediately notify the Public Security Authority.
đ - For violations stipulated in point a and point b Clause 2 Article 14, the Road Transport Inspection Force shall only handle cases when the vehicle is located in a station or parking area or when the vehicle is parked or stopped on the road.
e - For violations stipulated in Article 19, the Road Transport Inspection Force shall handle violations as prescribed in Clauses: 2, 3, 5, 6 related to traffic order and safety of people, vehicles, and road infrastructure. Specifically, Clause 1 of Article 19, the Road Transport Inspection Force shall only handle violations at locations where traffic personnel have been assigned to guide traffic but where Traffic Police are not on duty.
II - Implementation.
The Ministry of Transport assigns the Vietnam Highway Administration and the Departments of Transport and Transport and Construction to disseminate, guide, and supervise the Road Transport Inspection Force in implementing this Circular and previous relevant documents concerning the penalty powers of the Road Transport Inspection Force.
This Circular takes effect from the date of signature. During implementation, if difficulties or obstacles arise, agencies, units, and individuals should promptly report them to the Ministry for consideration and resolution.
The Road Traffic Inspectors shall implement this Circular in accordance with its provisions and relevant consolidated documents pertaining to the penalty enforcement authority of the Road Traffic Inspectors.
This Circular takes effect from the date of issuance. During implementation, if there are difficulties or obstacles, agencies, units, and individuals must promptly report them to the Ministry for consideration and resolution.
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DEPUTY MINISTER MINISTRY OF TRANSPORTATION DEPUTY MINISTER (Signed) Phạm Thế Minh |
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