Is it legal for the commune police to stop a vehicle for punishment?

Is it legal for the commune police to stop a vehicle for punishment?
Posted date: 26/10/2020

I am living in commune H., district K., city D. Some days ago, I have carried some scrap bags with a height from 1.7 m to 2 m on my motorbike. While I was riding my motorbike, a commune police officer asked me to stop. After that, I was fined VND 300,000 for carrying bulky goods. I would like to know if it’s legal for the commune police to stop my vehicle and punish me and what the fine of this sanction is. I hope that FDVN can give me an advice soon.

Thank you.

FDVN's opinion:

[1]. Is it legal for the commune police to stop a vehicle for punishment?

According to Clause 4, Article 7 of Circular No.47/2011/TT-BCA guiding the Decree No.27/2010/ND-CP:

“4. The commune police force is only allowed to patrol and control on inter-communal and inter-village roads under the management area and handle the following violations of traffic order and safety: operating motorcycles, mopeds without a helmet, carrying more than the prescribed number of people, carrying bulky goods; parking on the roadway against the regulations; operating a vehicle rapidly, swinging, deflecting, removing exhaust pipes, having no rear-view mirror or underage to operate the vehicle as prescribed by law and acts of violation of the road traffic safety corridor like the market meeting on the roadway, encroaching on the traffic safety corridor. The commune police are strictly forbidden to stop and control highways and provincial highways. ”

Besides, according to Clause 4, Article 19 of Circular No.46/2015/TT-BCA on the issuance of the permit for operation of overloaded vehicles, over-dimension vehicles, tracked vehicles, and vehicles that carry oversize/overweight load on public roads:

            “4. Goods loaded onto a motorbike must not exceed the cargo bracket designed by the manufacturer 0.3 meters to the sides and 0.5 meters to the rear.  The height of goods from the road surface must not exceed 1.5 meters.”

According to the information provided, the size of your did not comply with the regulations on the height of goods loading on road. According to Clause 4, Article 19 of Circular No.46/2015/TT-BCA, if you carry bulky goods, the commune police is competent to patrol and control inter-communal and inter-village roads within their management area and sanction the act of carrying bulky cargo.

 

[2]. Fine range of the act of carrying bulky cargo:

According to Point k, Clause 3, Article 6 of the Decree No.100/2019/NĐ-CP on penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules:

 “3. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon a vehicle operator who commits any of the following violations:

 k) The operator’s or passenger’s pulling or pushing another vehicle or item while sitting on the vehicle; leading an animal or carrying a bulky object while sitting on the vehicle; standing on the seat, the cargo bracket, or sitting on the handle; loading cargo to the vehicle beyond permissible limits; towing another vehicle or object…;”

A fine ranging from VND 400,000 to VND 600,000 may be imposed to your act of carrying bulky cargo.

Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.

Legal Advisor: Nguyen Thi Suong

FDVN Law Firm


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