IS IT ILLEGAL TO DRIVE SOMEONE ELSE'S CAR?

IS IT ILLEGAL TO DRIVE SOMEONE ELSE'S CAR?
Posted date: 25/08/2020

I know that Decree 100  just comes into force. It provides a new penalty for riders of other people. I do not understand this rule very well. That means I can only drive my car, isn't it? Hope you can help me clarify this matter. Thank you very much.

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 opinions:

            [1] Provision on “driving traffic of another person”

The Law on Road Traffic 2008 and the latest Decree in the field of traffic do not use the phrase "driving traffic of another person". However, this can be a brief way to describe this provision, but it makes many people misunderstand that driving traffic of another person or lending to someone else will be fined.

In fact, this error prescribed by Clause 4, Article 30 and Point l, Clause 7, Article 30 of Decree 100/2019 / ND-CP administrative penalties for road traffic offences and rail transport offences for  "Failure to follow procedures for transferring the vehicle ownership "

Therefore, you can understand that the error "driving traffic of another person" is actually an act of failure to follow procedures for transferring the vehicle ownership when buying, being given, allocated, or inherited traffic.

[2] The cases are sanctioned for the act of failure to follow procedures for transferring the vehicle ownership

Article 80 Decree 100/2019/NĐ-CP provision as follows:

The violations specified in Point b Clause 4 and Clause 7 Article 30 of this Decree shall be only verified through traffic accident investigations or through vehicle registration.”

Thus, through 2 cases for the competent agency to verify the violation of failure to follow procedures for transferring the vehicle ownership:

  • Firstly, through the investigation and settlement of traffic accidents
  • Secondly, through the vehicle registration

[3] Penalty for failure to follow procedures for transferring the vehicle ownership

Article 30 Decree 100/2019/ND-CP define as follows:

4. For owners of mopeds and motorcycles: A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon an individual, from VND 800,000 to VND 1,200,000 upon an organization that commits any of the following violations:

a) Failure to follow procedures for transferring the vehicle ownership when buying, being given, allocated, or inherited a moped or motorcycle;

7. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed upon an individual, from VND 4,000,000 to VND 8,000,000 upon an organization that commits any of the following violations:

l) Failure to follow procedures for transferring the vehicle ownership when buying, being given, allocated, or inherited an automobile, tractor, heavy-duty vehicle or car-like vehicles;”

Therefore, a person failing to follow procedures for transferring the vehicle owners will be fined from 400,000 VND to 600,000 VND, for individuals, from 800,000 VND to 1,200,000 VND for organizations, for motorbikes, motorbikes,…. cars, tractors, special-use motorbikes and some kind of vehicles are similar to cars shall be fined from VND 2,000,000 to VND 4,000,000 for individuals, from VND 4,000,000 to VND 8,000,000 for organizations.

This is FDVN Law firm's opinion for your request basing on studying the relevant legal provisions. Hopefully, our advice will be useful for you.

Legal advisor: Hoang Thuy Quynh

FDVN Law Firm


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