IS IT SUBJECT TO PENALTY FOR AN ACT OF PUSHING A MOTORBIKE IN THE OPPOSITE DIRECTION ON THE SIDEWALK

Legal Situation: I would like to inquire whether pushing a motorbike in the opposite direction on the sidewalk constitutes a violation of the law.

FDVN’s Opinion: Thanks for trusting and sending a question to FDVN Law Firm (“FDVN”). FDVN would like to provide the following information in response after studying the legal regulations: 

According to Clause 8 and 9 of Article 2 of Law on road traffic order and safety 2024 on participants in road traffic are as follows:

“8. Road user consists of: vehicle operator, passenger, traffic control personnel, herder, pedestrian.

9. Vehicle operator includes: motorized vehicle operator (hereinafter referred to as “driver”), non-motorized vehicle operator, heavy-duty vehicle operator.”

Accordingly, the law stipulates that, in order to be considered a vehicle operator participating in road traffic, a person must engage in the act of driving the vehicle. Therefore, pushing a motorbike is not regarded as operating a vehicle in road traffic, and the person pushing the motorbike is deemed a pedestrian. As such, an individual pushing a motorbike on the sidewalk is considered a pedestrian and must comply with the regulations applicable to pedestrians.

Pursuant to Point a, Clause 1, Article 30 of the Law on Road Traffic Order and Safety 2024, pedestrians participating in road traffic must must go on pavements, shoulders, foot paths; where pavement, shoulder, or foot paths are not available, pedestrians must stay to the right in their direction of travel.

Pursuant to Clause 1, Article 77 of the Law on Road Traffic Order and Safety 2024, it is provided that:“Roadway serves traffic purposes whereas pavement serves pedestrians…”

Accordingly, the sidewalk is defined as a path designated exclusively for pedestrians, and there is no legal provision prohibiting pedestrians from moving in the opposite direction on the sidewalk. Likewise, the law does not provide for any traffic signs prohibiting the pushing of motorbikes on sidewalks, nor does it establish any penalty for pushing a motorbike on the sidewalk. A person pushing a motorbike on the sidewalk is regarded as a pedestrian, and moving in the opposite direction in this context does not constitute a violation of traffic order and safety regulations.

However, it should be noted that if a road does not have a sidewalk or roadside strip, pedestrians must walk along the right edge of the roadway in their direction of travel; walking along the left edge in one’s direction of travel may result in a penalty. Specifically, where a person pushing a motorbike fails to travel on the designated side of the road, he or she may be subject to a monetary fine ranging from VND 150,000 to VND 250,000, as prescribed in Clause 1, Article 10 of Decree No. 168/2024/NĐ-CP.

This is FDVN's legal opinion regarding your inquiry, based on the study of relevant legal provisions. We hope this opinion is helpful to you.

According to Lê Tuấn – FDVN Law Firm