Vantai24h - Violation of road traffic safety law is a serious disease in Vietnam.
The cause is many, but one of the main causes is due to the consciousness of people involved in traffic in the society has not broken. In order for people to be more aware of the implementation of the Road Traffic Safety Act, the Government has issued Decree 46. This decree has some new features compared to previous road users, especially drivers. Vantai24h need to pay attention to implementation.
According to Article 78 of Decree No. 46/2016 / ND-CP stipulating the sanctioning of administrative violations in the field of road and railway traffic, immediately stopping administrative violations, the persons with sanctioning competence are allowed to keep Vehicles up to 7 days before issuing sanctioning decisions for the following acts:
- driving cars on the road in which blood or alcohol has an alcoholic strength;
- Controlling cars and cars; Speeding chase on the road; Use the steering wheel to control the steering wheel while the car is running on the road; The offender fails to comply with the traffic stop order of the person on duty or causes traffic accident;
- The driver of the car on the road where the body has drugs;
- Driving a car without a vehicle registration certificate, without a license plate; Not enough technical safety conditions;
- Driving motorcycles and mopeds on expressways, except for vehicles for the management and maintenance of highways;
- Driving a motorbike or motorcycle on the road in which blood or alcohol has an alcoholic strength;
- Drivers of motorcycles or mopeds do not comply with the requirement of inspection of narcotic substances or alcohol content of persons on duty;
- Drivers of motorbikes and motorbikes on the road where the body has narcotic substances;
- Driving a motorcycle or motorcycle without a vehicle registration certificate as prescribed;
- Persons aged between the ages of 14 and under 16 who drive motorcycles, mopeds (including electric motorcycles) and the like motorcycles or the driving of automobiles, tractors and the like. car.
- Persons aged between full 16 and under 18 who drive motorcycles of a cylinder capacity of 50 cm3 or more;
- Drivers of automobiles, tractors and automobiles with the same driving license but whose expiry date is less than 6 months;
- Failure to carry out the load test, the vehicle limited size when the signal, the order requires load test, vehicle limited size; Transmit or use other tricks to evade the detection of oversized, oversized or overloaded vehicles.
According to Clause 2, Article 125 of the Law on Handling of Administrative Violations 2012: "The temporary seizure of material evidences and / or means must be terminated immediately after the verification of the details to serve as basis for sanctioning decisions or violation acts. No longer endanger the society or the sanctioning decision shall be enforced. "
In addition, Clause 9, Article 125 of the Law on Handling of Administrative Violations 2012 stipulates that all cases of temporary seizure of material evidences, means, licenses and professional practice certificates must be recorded in writing. The record must clearly state the name, number, type and condition of the material evidences and means temporarily seized and must bear the signatures of the persons issuing the custody decisions and the violators.
In cases where the violators can not be identified, the violators are absent or failing to sign, they must be signed by two witnesses. The minutes must be made in 2 copies. Breach keep one copy ".
Thus, in case of temporary seizure of the vehicle, the police must make a record and be signed by two witnesses in accordance with the provisions of the law.