If my motorcycle lamp is too bright, will I be punished?

I was nearsighted. My motorbike was too old so the lamp was not bright enough. My brother installed another lamp into my motorbike. When I went to my apartment, my roommates thought that my motorbike’s lamp was too bright and I might be fined. I would like to know if I would be fined in this case.

FDVN’s opinions:

Thank you for concerning FDVN legal services. Base on your consulting requirements, after studying the legal documents, FDVN Law Firm offers the following advice:

[1] Law provisions on motorbike lamp:

According to Clause 13 Article 8 Law on road traffic 2008, the following acts are strictly prohibited: “Fitting and using the horn and lamps at variance with the manufacturer design for each type of motor vehicle; using audible devices badly affecting traffic order and safety and public order.”

So, installing a lamp not complying with the manufacturer’s design is a prohibited behavior. Consequently, this behavior may be subject to administrative sanctions.

[2] The fine ranging imposed for the acts of installing motor lamps not complying with regulations:

According to Clause 1 Article 17 of Decree No. 100/2019/ND-CP on administrative penalties for road traffic offenses and rail transport offenses:

“Article 17. Penalties imposed upon by operators of mopeds and motorcycles (including electric motorcycles) and the like violating regulations on the roadworthiness of vehicles running on public roads

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for:

a) Operating the vehicle without a horn, plate lamp, brake lamp, or a mirror on the left, or without a functional one;

b) Operating a vehicle with an inappropriate license plate; the letters and numbers on the license plate are not clear; a license plate that is bent, blocked, or damaged; painting and altering additional letters and numbers or changing color of letters, numbers, and background of the license plates (including trailers and semi-trailers);

c) Operating a vehicle without turn signals or without functional ones;

d) Using an inappropriate horn for the type of vehicle;

dd) Operating a vehicle without a sound or smoke suppression system or without one that meets environmental requirements with regard to exhaust and noise;

e) Operating a vehicle without a lamp with a low beam and a high beam, or without a functional and conformable one;

g) Operating a vehicle without a brake system or without a functional and conformable one;

h) Operating a vehicle with an additional headlamp towards the back.”

Therefore, a person who operates a motorbike without low or high beam; or without a functional and conformable one; or with an additional headlamp towards the back will be fined from 100,000 VND to 200,000 VND.

Above is FDVN Law Firm's opinion for your request of a consultant based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Legal expert: Nguyen Thi Thanh Thanh Tra

FDVN Law Firm

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