WILL THE VEHICLE OWNER BE FINED IF THE DRIVER CARRIES AN OVERLOADED?

I run a freight forwarding business, and hire a driver and authorize him to use my truck to transport goods. Recently, he was administratively fined for carrying goods in excess of the prescribed quantity. So, if my driver is guilty of overloading, will I be jointly responsible? Sincerely thank you!

FDVN opinion:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

1. The penalties for carrying overloaded goods are specified at points a, d of Clause 2, points a of Clause 5, points a, b Clause 6 of Article 24 of Decree No. 100/2019/ND-CP on penalties imposed upon operators of trucks, tractors (including trailers and towed semi-trailers) and or car-like vehicles transporting goods violating traffic rules as follow:

"2. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed for:

a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 10% to 30% (for vehicles other than tanker trucks) or by exceeding 20% to 30% (for tanker trucks);

dd) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be towed as specified in the certificates for technical and environmental safety  by exceeding 10% to 30%."

5. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for:

a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 30% - 50%;

6. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for:

a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 50% to 100%;

b) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be towed as specified in the certificates for technical safety and environmental protection by exceeding 50% to 100%;..."

According to the above regulations, depending on the nature and severity of violations on the tonnage of goods, the driver may be administratively sanctioned.

2. In addition, according to the provisions of Article 30 of Decree No. 100/2019/ND-CP on penalties imposed upon vehicle owners:

“9. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon an individual, from VND 12,000,000 to VND 16,000,000 upon an organization that commits any of the following violations:

d) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Points a and d Clause 5 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Points a and d Clause 5 Article 24 hereof;

10. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine ranging from VND 14,000,000 to VND 16,000,000 shall be imposed upon an individual, from VND 28,000,000 to VND 32,000,000 upon an organization that commits any of the following violations:

a) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Points a and b Clause 6 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Points a and b Clause 6 Article 24 hereof;”

Thus, according to the above provisions, if the driver carries an overloaded, the owner vehicle will also be penalized according to the regulations referred to in Article 30 cited above.

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

Ngo Thi My Tram - FDVN Law firm

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