Legal question: Mr. Tran Van H in Thanh Xuan, Hanoi has a question as follows: "On the evening of April 25, 2023, I went out with friends late at night, and when I got to Giai Phong - Dai Co Viet street, I was stopped by traffic police to check alcohol concentration, but no alcohol concentration was detected. After that, the Traffic Police told me that my vehicle had a license plate that was not installed in accordance with the law and said that if the license plate was put on the underside of my motorcycle like this, I would be subject to an administrative fine and a record. But I find it very unreasonable. My vehicle has had a license plate installed and has been used for a long time and no one has said anything, so I want to know if the law has regulations on improper license plate installation and what the fine is. Is it lawful for the Traffic Police to take the record like that?"
Response:
According to clause 4, Article 37, Circular No. 24/2023/TT-BCA regarding regulations on license plates: "A motorcycle must affix 1 license plate at the back with the measurements: 140 millimeters in height and 190 millimeters in length.
- Format of a license plate of a motorcycle of a domestic organization/agency/individual: the first group of numerals are the regional code, followed by a series of letters; the second group consists of 05 natural numbers ranging from 000.01 to 999.99;
- Format of a license plate of a motorcycle of a foreign organization/agency/individual: the first group of numerals are regional code, the second group of numerals are the country/organization code, followed by a series of letters; the forth group consists of 03 natural numbers ranging from 001 to 999.
Therefore, according to the above regulations, a motorcycle must affix the license plate at the back of the vehicle with the measurements: 140 millimeters in height and 190 millimeters in length, and regarding the license plate format of a domestic organization/ agency/ individual: the first group of numerals are the regional code, followed by a series of letters; the second group consists of 05 natural numbers ranging from 000.01 to 999.99. Therefore, if your license plate does not meet the above requirements, it will be considered a violation of license plate installation and might be subject to administrative penalties by the Traffic Police.
Regarding penalties for improper installation of license plates:
According to Point d, Clause 2, Article 17 of Decree 100/2019/ND-CP, amended and supplemented by Clause 10 and Point m, Clause 34, Article 2 of Decree 123/2021/ND-CP:" operators of mopeds and motorcycles (including electric motorcycles) and the like Operating a vehicle with an inappropriate license plate; with a license plate on which the letters and numbers are not distinct; with a license plate that is bent, blocked or damaged; altering the letters or numbers on the license plate by paint or sticker or changing color of the letters, numbers and background of the license plate shall be fined from VND 800,000 to VND 1,000,000 .
In addition, for individuals and organizations that are owners of motorbikes, mopeds and other types of vehicles similar to motorbikes, if they do not comply with regulations on license plates, except for acts of installing and using equipment changing the license plate on the vehicle against regulations; bringing vehicles without license plates (for vehicles required to have license plates) into traffic; Putting a vehicle with a license plate that does not match the Vehicle Registration Certificate or with a license plate not issued by a competent authority on traffic, they shall also be fined from 800,000 VND to 1,000,000 VND for individuals, from 1,600,000 VND to 2,000,000 VND for organizations and be forced to fully install equipment or replace with equipment that meets technical safety standards or restore technical features of equipment as prescribed in Clause 4a; Point i, point k Clause 5 Article 30 of Decree 100/2019/ND-CP amended and supplemented according to Point c Clause 17 Article 2 of Decree 123/2021/ND-CP.
For the Traffic Police to make a record of sanctioning administrative violations, it shall be based on Clause 1, Article 56 of the Law on Handling of Administrative Violations 2012, as follows:
“Article 56. Administrative sanction without record taking
1. Administrative sanction without record taking is applicable in cases of warning or fines of up to VND 250,000 for individuals, VND 500,000 for organizations and the persons with sanctioning competence must make decisions of administrative sanctions on the spot.
In case administrative sanctions are detected thanks to using technical, professional equipment, means, the record must be taken.
…”
Accordingly, the sanctioning of administrative violations without making records is only applied in cases of warnings or fines of up to 250,000 VND for individuals, 500,000 VND for organizations and is not detected through the use of technical, professional equipment, means. However, in your case, the fine for driving a motorbike or moped with improperly installed license plate is from 800,000 VND to 1,000,000 VND, so the Traffic Police taking record is in accordance with Clause 1, Article 57 of the Law on Handling of Administrative Violations 2012.
By Van Anh - FDVN Law Firm
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