Lawyer Nguyen Tinh, Deputy Head of Tinh Hoa Viet Law Office, said that with the development of technology today, the process of participating in traffic has changed a lot. Accordingly, the law also has regulations on cases where motorcyclists use mobile phones.
According to current regulations at Point h, Clause 4 and Point b, Point c, Clause 10, Article 6 of Decree 100/2019/ND-CP (amended and supplemented at Point g, Clause 34 and Point c, Clause 35, Article 2 of Decree 123/2021/ND-CP) as follows:
Fines from VND 800,000 to VND 1,000,000 shall be imposed on drivers of motorbikes, mopeds (including electric motorbikes), motorbike-like vehicles and moped-like vehicles who use mobile phones or audio devices, except hearing aids.
In addition to fines, drivers of motorbikes, mopeds (including electric motorbikes), motorbike-like vehicles and motorbike-like vehicles who violate the law may also be subject to additional penalties such as: Having their driving licenses revoked for 1 to 3 months. Having their driving licenses revoked for 2 to 4 months if they commit a violation that causes a traffic accident.
The draft Decree regulating administrative sanctions for violations of traffic order and safety in the field of road traffic; deduction of points and restoration of points on driving licenses is expected to take effect from January 1, 2025 as follows:
A fine of VND 800,000 to VND 1,000,000 shall be imposed on a driver who commits one of the following violations: The driver uses an umbrella, audio equipment (except hearing aids), handles and uses a phone or other electronic devices.
In addition to being fined, the driver who commits the violation will also have 2 points deducted from his/her driver's license.
Thus, compared to current regulations, the draft decree loosens the regulations on motorbike drivers using mobile phones. According to current regulations, motorbike drivers who use mobile phones will be fined and have their driving license revoked. However, according to the new draft, motorbike drivers will be fined if they use their phones with their hands. This violation will only result in a deduction of 2 points from the driver's license.
Therefore, motorbike drivers, including technology-based motorbike taxi drivers, who only use their phones to look up maps (without using their hands) may not be fined according to the new draft, expected to take effect from January 1, 2025.
