On expressways, the situation of vehicles running slowly in lanes close to the median strip is causing many drivers to be upset. Some opinions say that the fear of being penalized for not keeping a safe distance makes many people actively slow down, leading to the scene of "driving on the highway like a turtle crawling".
Especially, when a vehicle is running slowly but still maintains in the left lane, the cars behind must find an opportunity to change lanes to overtake. This easily creates localized congestion or unsafe lane changes and overtaking operations.
Not every left lane is just for overtaking
Regarding this content, in an exchange with Lao Dong Newspaper, Lawyer Hoang Ha (Ho Chi Minh City Bar Association) analyzed that the law does not stipulate that every lane adjacent to the median strip on the expressway is automatically "lane for overtaking", unless the traffic sign or traffic organization determines so.
However, Clause 1, Article 13 of the 2024 Law on Road Traffic Order and Safety stipulates that vehicles traveling at lower speeds must go to the right.
Therefore, drivers who stick to the left lane, drive slower than cars in the same direction but do not switch to the right lane when conditions permit may be fined 800,000 to 1,000,000 VND according to point p, clause 3, Article 6 of Decree 168/2024/ND-CP.
If driving below the minimum speed of the route, it will also be fined at this level. Decree 238/2026/ND-CP, effective from August 15, 2026, does not amend the above regulations.
When a vehicle requests to overtake and meets safety conditions, the vehicle in front must yield. Failure to yield may be fined 2 - 3 million VND. If the act of driving slowly, clinging to the left lane or not giving way has a cause-and-effect relationship with an accident, the violator may be fined 20 - 22 million VND and have their driver's license deducted 10 points.
In addition, it may also be necessary to compensate for damages, or even bear criminal responsibility if the consequences reach the prescribed legal threshold.
However, the car behind still has to keep a distance and is only allowed to overtake when it is safe. The responsibility for the accident must be determined according to the fault of each party, and cannot be automatically attributed entirely to slow driving.
It is not possible to default 60 km/h to "turtle crawling".
In a situation where a driver moves slowly at about 60 km/h in the left lane next to the median strip, according to the lawyer, it is not possible to just look at the figure of 60 km/h and then assume that the driver is "craying" in the lane of 100 or 120 km/h. This is the maximum speed allowed, and the driver must adjust the speed according to the density and actual traffic situation.
Article 12 of the 2024 Law on Road Traffic Order and Safety also requires speeds to be consistent with traffic density to ensure safety.
It should be noted that the safe distance is calculated according to the actual speed of the vehicle in circulation, not the maximum speed of the lane. According to Article 11 of Circular 38/2024/TT-BGTVT, vehicles running 60 km/h must hold at least 35 m. From over 60 to 80 km/h is 55 m. From over 80 to 100 km/h is 70 m. Only when running over 100 to 120 km/h must hold 100 m," Lawyer Hoang Ha said, while emphasizing that if the vehicle in front only runs 60 km/h, the vehicle behind must reduce speed accordingly to maintain the distance.
Drivers are also not allowed to move to the right lane if the distance from the car in front, behind or on both sides is not safe.
Decree 238/2026/ND-CP also clearly adds the act of changing lanes without ensuring these distances to the sanctioned act.
According to Lawyer Ha, in case of not meeting the conditions for changing lanes, the legal way is to continue to keep the distance, wait for a safe space before switching to the right. The law cannot be understood in the direction of forcing drivers to perform a dangerous operation just to yield the lane.
