Mr. Hoang The Tung in Lang Son shared: "Every holiday, my friends often come over to drink. After finishing drinking, they borrow my motorbike to go home. I am very concerned, is it illegal to lend a motorbike to a drunk person?".
Sharing the same thought, Mr. Nguyen Minh Giang asked on the Ministry of Public Security's Electronic Information Portal as follows: "Through monitoring, I saw a case in Hai Duong where a person was prosecuted for lending a motorbike to a friend after he drank beer. The person who borrowed the motorbike later caused an accident and died. The Ministry of Public Security asked me, how will the case of handing over a car or motorbike to a person who has drunk beer or alcohol be handled?"
Responding to this issue, the Ministry of Public Security said that according to the provisions of the Road Traffic Law, prohibited acts include: Driving a road vehicle while having drugs or alcohol in the body.
The handling of violations in the above cases is regulated by law as follows:
According to the provisions of Point d, Clause 5, Article 30 of Decree 100/2019/ND-CP: Handing over a motorbike to a person who does not meet the conditions prescribed by the Law on Road Traffic to drive will be fined from VND 800,000 to VND 2,000,000 for individuals, from VND 1,600,000 to VND 4,000,000 for organizations that are motorbike owners committing this violation.
Regulations at Point h, Clause 8, Article 30 of Decree 100/2019/ND-CP: handing over a vehicle or allowing a person who does not meet the conditions of the Road Traffic Law to drive a car shall be fined from VND 4,000,000 to VND 6,000,000 for individuals, from VND 8,000,000 to VND 12,000,000 for organizations committing this violation.
In case of a fatal traffic accident, the person lending the vehicle will be prosecuted for "Crime of allowing an unqualified person to drive a vehicle to participate in road traffic" as prescribed in Article 264 of the 2015 Penal Code (amended and supplemented in 2017).
Article 264. Crime of allowing an unqualified person to drive a vehicle on the road 1. Anyone who allows a person who knows that person does not have a driver's license or is under the influence of alcohol or beer with an alcohol concentration in the blood or breath exceeding the prescribed level, is using drugs or other strong stimulants or does not meet other conditions prescribed by law to drive a vehicle on the road, causing damage to another person in one of the following cases, shall be subject to a fine of from VND 10,000,000 to VND 50,000,000 or non-custodial reform for up to 3 years: a) Causing death; b) Causing injury or damage to the health of 1 person with a bodily injury rate of 61% or more; c) Causing injury or damage to the health of 2 or more people with a total bodily injury rate of 61% to 121%; d) Causing property damage from VND 100,000,000 to under VND 500,000,000. 2. Committing a crime in one of the following cases shall be subject to a fine from VND 50,000,000 to VND 200,000,000 or imprisonment from 6 months to 3 years: a) Causing the death of 2 people; b) Causing injury or damage to the health of 2 or more people with a total bodily injury rate of these people from 122% to 200%; c) Causing property damage from VND 500,000,000 to under VND 1,500,000,000. 3. Committing a crime in one of the following cases shall be subject to imprisonment from 02 years to 07 years: a) Causing the death of 3 or more people; b) Causing injury or damage to the health of 03 or more people with a total body injury rate of 201% or more; c) Causing property damage of 1,500,000,000 VND or more. 4. The offender may also be fined from 10,000,000 VND to 30,000,000 VND".
