On the Ministry of Public Security's electronic information portal, a reader asked: "I rented a self-driving car to a customer. After the customer returned the car, I checked it, but because the system updated late, it was only a few days later that I discovered the traffic violation caused by the customer who rented the car.
Immediately after that, I called the customer who rented the car but the customer did not admit his mistake (I have the car rental contract and a photo of the customer's ID card and driver's license).
I would like to ask the Ministry of Public Security, if the car renter refuses to cooperate with the police to handle the case, will the car owner be fined? If the car owner is not fined, is there any sanction according to the regulations to handle the above behavior?
In response to this question, the Ministry of Public Security said that regarding the identification of violators: Pursuant to the provisions of Clause 8, Article 47 of Decree No. 168/2024/ND-CP of the Government regulating administrative sanctions for violations of traffic order and safety in the field of road traffic; deduction of points, restoration of driving license points (Decree 168) as follows:
In case an administrative violation is detected through the use of technical means and equipment, but the competent authority cannot immediately stop the vehicle for handling, the following shall be done:
The competent authority shall send a notice requesting the vehicle owner and related individuals and organizations to come to the headquarters of the agency or unit of the person with authority to handle administrative violations to resolve the violation.
Notification is made in writing or electronically via the Mobile Traffic Application for Citizens (hereinafter referred to as the Mobile Traffic Application) built, managed and operated by the Ministry of Public Security when meeting the conditions on infrastructure, technology and information; at the same time, information on violating vehicles is updated on the Electronic Information Page of the Traffic Police Department.
Vehicle owners are obliged to cooperate with authorities to identify the person who drove the vehicle and committed the violation.
In case the vehicle owner is an individual, if he/she does not cooperate with the authorities, cannot prove or explain that he/she is not the person who drove the vehicle and committed the violation, he/she will be punished for the discovered violation.
In case the vehicle owner is an organization, if he/she does not cooperate with the authorities and does not explain to identify the person who drove the vehicle and committed the violation, the organization that committed the violation will be subject to administrative sanctions, except in cases where the vehicle is illegally appropriated or used.
Regarding sanctions for the above violations: Pursuant to the provisions of Clause 11, Article 47 of Decree 168, the provisions on handling cases where violators have not resolved the violation case are as follows:
In case the deadline for handling the violation recorded in the administrative violation record or in the notice of the competent authority for sanctioning is overdue or the deadline for executing the sanctioning decision has passed but the owner of the violating vehicle or the violator has not yet handled the violation according to regulations or has not yet complied with the sanctioning decision, the competent authority for sanctioning shall send a notice to the inspection agency (for vehicles subject to inspection regulations), the vehicle registration agency, and the driving license issuing agency (if the violator has been identified). The notice shall be sent in writing or by electronic means through connection and data sharing when meeting the conditions on infrastructure, technology, and information.
Before conducting vehicle inspection, vehicle registration, issuance, exchange, and re-issuance of driving licenses, the inspection agency, vehicle registration agency, and driving license issuing agency are responsible for looking up data on violating vehicles and violators notified by the Traffic Police Agency.
In case when looking up data according to regulations on information about violating vehicles and violators, the registration and inspection of violating vehicles have not been resolved, and the driving license for violators has not been issued, changed or reissued.
After the vehicle owner or violator has resolved the violation according to regulations, the competent authority must immediately send a written notice to the Vehicle Inspection Agency, Vehicle Registration Agency, and Driver's License Issuing Agency or by connecting and sharing data when meeting the conditions on infrastructure, technology, and information to carry out vehicle inspection, registration, issuance, exchange, and re-issuance of driver's licenses according to regulations.
