Lawyer Nguyen Thu Trang, Hung Dao Thang Long Law Office, said that the Draft Circular regulates the process of patrolling, controlling, and handling administrative violations of road traffic order and safety by the Police . traffic effective from January 1, 2025. The Ministry of Public Security is collecting comments on the draft until September 26, 2024.
Clause 2, Article 30 of the draft stipulates:
In case there is no accompanying Traffic Police force, the Commune Police shall carry out patrol and control according to the plan issued by the competent authority and report on the situation and results of patrol and control activities. , handle violations for the Traffic Police force.
Commune police are only allowed to patrol, control, and handle violations on commune roads and other roads under the management of the commune. When detecting drivers of motorbikes, mopeds, electric motorbikes, and rudimentary vehicles committing illegal acts such as: Not wearing a helmet as prescribed; Carrying more than the prescribed number of people; Carrying bulky goods that exceed the prescribed size limit; stopping or parking vehicles improperly; speeding, swerving, swinging; there is no rearview mirror on the left side; use umbrellas (umbrellas); not being old enough to drive a vehicle according to regulations or detecting a vehicle that seriously violates order, traffic safety, security, and social order. If not stopped promptly, it will cause dangerous consequences for passengers. society, will be handled according to the provisions of law. During the process of resolving and handling cases of the above violations, if other violations are discovered, they will be handled according to their authority. If they exceed the sanctioning authority, an administrative violation record will be made. and report to competent authorities to issue decisions on sanctioning administrative violations according to the provisions of law;
Orders to stop vehicles, control and handle violations shall comply with the provisions of Article 8, Article 13, Article 14, Article 16, Article 17, Article 18, Article 20, Article 21, Article 22, Article 23 of this Circular.
The regulations of this draft remain almost the same as the current regulations in Circular 32/2023/TT-BCA regulating the process of patrolling, controlling, and handling administrative violations of road traffic by the Traffic Police. pine.
Thus, when there is no accompanying Traffic Police force, the Commune Police carry out patrols and control according to the plan issued by the competent authority and only handle some errors specified in the draft. Among these errors, there is no fault of not having civil liability insurance (including motorbike insurance).
