When I go to the market, I usually leave my motorcycle in front of the market gate. There is a sign that forbids parking cars; however, a lot of people parked their motorcycle there and I did, too. Yesterday, I continued to leave the motorcycle at the gate, then my motorcycle was taken to the ward. Because the working hours were over, I did not meet anyone when going to the ward. The guard told me to come back the next day to do the procedures, make a fine record and then get the motorcycle back. I am very afraid when I am in this situation. Therefore, I would like to ask you how shall I be punished? Thank you.
FDVN’s opinions:
Thank you for trusting and choosing FDVN Law Firm (FDVN). For your consultation, after studying the legal documents, FDVN Law Firm offers the following advice:
According to paragraph a, dd, h, clause 2, Article 6 of Decree No. 100/2019/ND-CP on administrative penalties for road traffic offenses and rail transport offenses:
“Article 6. Penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules
2. A fine ranging from VND 200,000 to VND 300,000 shall be imposed upon a vehicle operator who commits any of the following violations:
a) Stopping, parking on the roadway outside urban areas where sidewalks are available;
dd) Stopping, parking on the roadway in a manner that obstructs the traffic; stopping in groups of 03 vehicles or more on the roadway or in a road tunnel; parking on the roadway or on the sidewalk in urban areas against the law;
h) Stopping, parking on the tramway, at the bus stop, at an intersection, at a crosswalk; stopping where a “Cấm dừng xe và đỗ xe” (No stopping and parking) sign is erected, parking where a “Cấm đỗ xe” (No parking) sign or “Cấm dừng xe và đỗ xe” (No stopping and parking) sign is erected; breaking the rules on stopping and parking at the intersection with the railway; stopping or parking within the railway safety perimeter, except for the violations specified in Point b Clause 2, Point b Clause 3 Article 49 of this Decree;”
Thus, parking in the wrong place can be fined from VND 200,000 to VND 300,000. In your case, parking in front of the market where there is a parking prohibition sign is illegal, so you have to pay the penalty as mentioned above.
Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.
Nguyen Thi Thanh Thanh Tra - FDVN Law Firm
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