Can schools penalize students for traffic safety violations?

I am a high school student. Recently, I was fined by the Traffic Police with an amount of VND 600,000 for riding motorbike. I would like to ask if the fine is lawful.

Besides, I was also downgraded by the school to weak grade. I want to ask if the school has the right to sanction administrative violations outside of my school? And is it right for the School to handle it like that?

FDVN’s Opinions:

            According to Clause 1, Article 21 of Decree No. 100/2019/NĐ-CP, a person from 14 to under 16 years of age that operates a moped or motorcycle shall receive a warning. According to Point a, Clause 4, Article 21 of Decree No. 100/2019/NĐ-CP, A fine ranging from VND 400,000 to VND 600,000 shall be imposed for any person from 16 to under 18 years of age operating a motorcycle with engine displacement of 50 cm3 or more.

Thus, if you are 16 years old operating a motorcycle with an engine displacement of 50 cm3 or more, it is lawful that the Police impose the fine of VND 600.000.

            For the administrative violations in the field of road traffice, power to impose administrative penalties for road traffic offences and rail transport offences under Article 74 of Decree No. 100/2019/NĐ-CP includes:

• Chairpersons of People’s Committees
• Traffic policeman;
• Police officers, rapid response forces, mobile police officers, and administration police officers;
• Chiefs of police stations of communes;
• Transport inspectors;
• Seaport authorities, airport authorities, inland waterways port authorities, rail transport inspectors, aviation inspectors, maritime inspectors, inland waterways inspectors;
• ransport inspectors and persons assigned to conduct specialized railway inspection;
• Environmental protection inspectors and persons assigned to conduct environmental protection inspection within assigned functions and tasks.

Therefore, the school is not entitled to handle the administrative violation of the student under its management.

However, according to Clause 2, Article 82 of Education Law 2019, the student has to respect teachers, officials, and employees of educational institutions; unite and help each other in learning and training; implement the rules, and regulations of the educational institution; comply with the provisions of the law. It is stipulated in Point d, Clause 4 of Article 4 of Circular No. 58/2011/TT-BGDĐT that violating traffic safety is one of cases to be downgraded to weak grade.

Therefore, although the School does not have the authority to handle administrative violations, it does have the right to handle violations of school rules and regulations and downgrade to weak grade for students who commit violations of traffic safety.

Hoàng Thúy Quỳnh – FDVN Law Firm.

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