KHÔNG NHƯỜNG ĐƯỜNG CHO XE RẼ PHẢI CÓ BỊ PHẠT KHÔNG? / IS FAILURE TO YIELD TO VEHICLES TURNING RIGHT

Question: Dear Lawyer, may I ask about the following situation. The other day, I was riding my vehicle to the supermarket to go shopping. When I reached a traffic light intersection, I noticed that there was a sign allowing motorcycles to turn right at the red light. I intended to turn right, but several vehicles ahead of me were stopped, preventing me from turning. I honked to ask them to give way, but they remained stationary and did not move. In this case, would the drivers of those vehicles stopped in front of me be subject to any penalty? 

Response: Thank you for your trust and for sending the questions to FDVN Law Firm (“FDVN”). After researching the regulations, FDVN would like to provide the following opinion: 

According to clause 1 Article 11 of the Law on Road Traffic 2024, compliance with the road traffic signal is as follows: Road traffic signals consist of: command of traffic control personnel; traffic lights; road signs; road markings, and other signs on the road; markers, walls, fences, reflective road studs, reflective posts, driver location signs; audible warning devices for road traffic. 

Therefore, the traffic participants are required to comply with the yield for other vehicles to turn right upon the auxiliary direction sign. 

Cases of not yielding for vehicles turning right shall be fined: 

+ Stopping the vehicles at the separate lane for vehicles turning right: If you stop your vehicle at the separate lane for vehicles turning right (usually, there is a sign or directional road markings) and do not intend to turn right, this may create difficulties for vehicles intended to turn right. In this case, you may be fined for not complying with the command and direction of the road signs and road markings.  

+ Stopping the vehicles at the yellow box junction: In some intersections, the yellow box junction is used to clarify the area not permitted to stop the vehicle to prevent obstruction to vehicles turning right, you might be subject to a penalty. 

+ Not complying with the road signs or traffic signs: If there is a road sign or light sign permitting vehicles to turn right upon the red light, but you do not yield to the vehicles, you may be subject to the penalty for not complying with the command of the road sign or traffic sign. 

In case of violation for not overtaking vehicles allowed to turn right, the traffic participants might be subject to an administrative penalty for the fault “Not complying with the command of the road signs or road markings”. 

Point a clause 1 Article 7 of Decree No. 168/2024, the fine ranging from VND 200,000 to VND 400,000 shall be imposed on vehicles committing the violations mentioned above, the fine ranging from VND 400,000 to VND 600,000 shall be imposed on cars as prescribed in point a clause 1 Article 6 of Decree No. 168/2024. 

Above is FDVN’s legal opinion on Your consultation request, based on the research of legal regulations. We sincerely hope that our legal opinion will be helpful to you.