What are the sanctions when someone rides motorbike without a driver’s license and causes fatal acci

My brother had taken my motorbike to go out with his friend. I was asked for permission but at that moment, I was too busy to prevent him from taking my motorbike. Because He did not have a license, so while riding a motorbike at high speed, he caused a fatal accident. I am very worried about the accident and how my brother will be handled. Looking forward to hearing from your consultant.

FDVN’s Opinion

[1] An act of riding a motorbike without a driver’s license and causing a fatal accident are an offense against the traffic law.

Based on the provisions of Article 58 of the Law on Road Traffic 2008, Conditions for drivers of vehicles to join in traffic are as follows:

“1. Drivers of vehicles to join in traffic must be of the age and in good health as prescribed in Article 60 of this Law, and proper driver licenses for the types of vehicle they are permitted to operate, which are granted by competent state agencies.

Learner drivers, when joining in traffic, shall practice driving on driving practice vehicles and have their driving supported by driving instructors.

2. When operating a vehicle, the driver shall carry the following papers:

a/ Vehicle registration paper;

b/ Driver license, for motor vehicle operators defined in Article 59 of this Law;

c/ Technical safety and environmental protection inspection certificate, for motor vehicles prescribed in Article 55 of this Law;

d/ Motor vehicle owner civil liability insurance certificate.”

Therefore, the things that your brother took your motorbike and rode at high speed, caused a fatal accident are the illegal acts. Therefore, your brother will handle it according to the law.

[2] The legal consequences of riding a motorbike without a driver’s license and causing fatal consequences

2.1. Criminal responsibility:

Pursuant to Article 260 of the Criminal Code 2015, amended and supplemented in 2017, which stipulates that any person who violates road traffic rules and the offense results in the death of a person and not having a driver’s license:

“1. Any person who violates road traffic rules and causes damage for another person in any of the following circumstances shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment:

a) The offense results in the death of a person;

b) The offense causes ≥ 61% WPI for another person;

c) The offense causes a total WPI of 61% - 121% for more than one person;

d) The property damage caused by the offense is assessed at from VND 100,000,000 to under VND 500,000,000.

2. This offense committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offender does not have a driving license as prescribed;

b) The offender is under the influence of alcohol and with blood or breath alcohol content above the limit, or under the influence of drugs or other strong stimulants;

c) The offender leaves the site after causing the accident to evade responsibility or refuses to help the victim;

d) The offender fails to comply with the traffic controller's commands;

dd) The offense results in the death of 02 people;

e) The offense causes a total WPI of 122% - 200% for more than one person;

g) The property damage caused by the offense is assessed at from VND 500,000,000 to under VND 1,500,000,000.

3. This offense committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offense results in the death of ≥ 03 people;

b) The offense causes a total WPI of ≥ 201% for ≥ 03 people;

c) The offense results in property damage assessed at ≥ VND 1,500,000,000.

4. If a road traffic offense that is likely to have any of the consequences mentioned in Point a, b, c Clause 3 of this Article is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment.

5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.”.

2.2. Civil liability

Base on Article 584 Civil Code 2015:

“1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.

2. The person who causes damage shall be discharged from liability for compensation in a case where the damage incurs due to force majeure events or at the entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.

3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.”

Thus, based on Article 584 of the Civil Code 2015, if your brother joins the traffic and causes a fatal accident due to force majeure events or at the entire fault of the aggrieved person, your brother is not discharged from liability. But if the fault is caused by your brother, He must compensate for the damage.

As such, your brother may be handled according to the laws. At the same time, for you, who gives the motorbike to your brother even though you know that your brother does not have a driver’s license, that caused a fatal accident. You will be responsible for the provisions of Article 264 of the 2015 Penal Code, amended and supplemented in 2017 as follows:

“Article 264. Allowing an unqualified person to operate a vehicle on public roads

1. Any person who allows another person to operate a vehicle on public roads in the knowledge that he/she does not have a driver license or is under the influence of alcohol with blood or breath alcohol content above the limit, under the influence of drugs or other strong stimulants or otherwise unqualified and as a result causes damage for another person in any of the following circumstances shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence:

a) The offense results in the death of a person;

b) The offense causes ≥ 61% WPI for another person;

c) The offense causes a total WPI of 61% - 121% for more than one person.

d) The property damage caused by the offense is assessed at from VND 100,000,000 to under VND 500,000,000.

2. This offense committed in any of the following circumstances shall carry a fine of from VND 50,000,000 to VND 200,000,000 or a penalty of 06 - 36 months' imprisonment:

a) The offense results in the death of 02 people;

b) The offense causes a total WPI of 122% - 200% for more than one person;

c) The property damage caused by the offense is assessed at from VND 500,000,000 to under VND 1,500,000,000.

3. This offense committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offense results in the death of ≥ 03 people;

b) The offense causes a total WPI of ≥ 201% for ≥ 03 people;

c) The offense results in property damage assessed at ≥ VND 1,500,000,000.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 30,000,000.”.

This is our legal opinion related to your requests based on legal regulations. Hopefully it will be useful to you.

Nguyen Thi Lan Anh

FDVN Law Firm

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