Sending a question to Lao Dong Newspaper, Mr. N.V.H (35 years old, Hanoi) said that during the 2026 Lunar New Year, he drove a 5-seater car carrying his family to wish relatives a happy new year. When moving through the inter-communal road, Mr. H drove at high speed, using the horn to ask to overtake. The commune police force then organized to stop the vehicle and made a record of violation.
Mr. H wondered whether in cases of violations like the above, the commune police have enough authority to make records and fine car drivers during Tet or not?
Youme Law Company Limited answers: Circular 73/2024/TT-BCA stipulates the work of patrolling, controlling, and handling violations of the law on road traffic order and safety by traffic police. In which, commune police are allowed to patrol, control, and handle violations on commune roads and village roads under their management.
Regarding violations, the commune police have the right to inspect and handle cars for the following violations:
Use horns from 10 pm the previous day to 5 am the next day in densely populated areas, areas of medical examination and treatment facilities, except for priority vehicles on duty as prescribed;
Stopping and parking vehicles on the running road in urban areas where there is a wide sidewalk; stopping and parking vehicles not close to the right side of the road in the direction of travel in places where the road has narrow sidewalks or no sidewalks; stopping and parking vehicles against the traffic direction of the lane; stopping and parking vehicles on a fixed median strip between two running road sections; parking vehicles on slopes without running wheels;
Stopping vehicles not close to the roadside, sidewalk on the right side in the direction of travel or the nearest wheel is more than 0.25 meters away from the roadside, sidewalk; stopping vehicles on roads reserved for buses; stopping vehicles on drainage ditches, tunnels of telephone lines, high-voltage power lines, places reserved for fire trucks to take water; leaving the driver's seat, turning off the engine when stopping the vehicle (except in cases of leaving the driver's seat to close, open the car door, load and unload goods, technically inspect the vehicle) or leaving the driver's seat when stopping the vehicle but not using parking brakes (or taking other safety measures);
Stopping and parking in the wrong positions in sections with arranged parking spaces; stopping and parking on the sidewalk for pedestrians crossing the road; stopping in places with signs "No stopping and parking", except for violations specified in point d, clause 4, point c, clause 7, Article 6 of Decree 168/2024/ND-CP;
Using horns, continuously revving engines; using air horns, using long-range lights when encountering pedestrians crossing the road or when traveling on roads passing through residential areas with operating lighting systems or when encountering vehicles going in the opposite direction (except for medians with anti-glare ability) or when changing direction at intersections, except for priority vehicles on duty as prescribed;
Failure to comply with regulations on stopping and parking at road intersections at the same level as railways; stopping and parking within the protection scope of railway works, the safety scope of railways;
Stopping and parking at locations: where roads intersect or within a radius of 5 meters from the edge of the road intersection; pick-up and drop-off points; in front of the gate or within a radius of 05 meters on both sides of the gate of the headquarters of agencies and organizations with roads for vehicles to enter and exit; where the road section is only wide enough for one motor vehicle lane; obscuring road signs and traffic lights; where the median strip is opened; less than 20 meters away from cars parked in the opposite direction on narrow streets, less than 40 meters on roads with one motor vehicle lane in one direction;
Parking close to the roadside, sidewalk on the right side in the direction of travel or the nearest wheel more than 0.25 meters away from the roadside, sidewalk; parking on roads reserved for buses; parking on drainage culverts, tunnels of telephone lines, high-voltage power lines, places reserved for fire trucks to take water; parking or leaving vehicles on sidewalks contrary to the provisions of law; parking in places with signs "No parking" or signs "No stopping and parking", except for violations specified in point d, clause 4, point c, clause 7, Article 6 of Decree 168/2024/ND-CP;
Do not use or use insufficient lights from 6 pm the previous day to 6 am the next day or when there is fog, smoke, dust, rain, bad weather limiting visibility.
