Recently, Lao Dong Newspaper published a series of articles "Infiltrating the electric motorbike modification workshop, publicly unlocking speed in just 5 seconds", reflecting the situation of electric motorbike modification, especially electric motorbikes, showing signs of increasing with many forms such as unlocking speed limits, increasing engine power, replacing large capacity batteries or intervening with controllers. Many motorbike modification receiving services are publicly advertised on social networks, attracting many shippers, students.
However, arbitrarily renovating vehicles not only changes technical parameters, poses a risk of traffic unsafety, but can also lead to serious legal consequences if accidents occur.
Talking to reporters, Lawyer Hoang Van Ha - ARC Hanoi Law Firm, said that this is an act that needs to be strictly recognized, especially in cases where illegal renovation is the direct cause of traffic accidents.
According to the lawyer, first of all, the person at fault must fulfill the obligation to compensate for all damages according to the provisions of the 2015 Civil Code. The scope of compensation includes property damage, rescue costs, treatment, lost or reduced income, costs of caring for the victim and compensation for mental damage.
If the accident causes the victim to die, the perpetrator must also compensate for funeral expenses, fulfill the obligation to provide alimony to the person the victim is obliged to raise, and other compensation according to the provisions of law.
In case there is sufficient basis to determine that the use of a vehicle that has been illegally modified is the cause of serious consequences, the vehicle operator may also be prosecuted for criminal responsibility for the crime of violating regulations on road traffic participation under Article 260 of the 2015 Penal Code, amended and supplemented in 2017.
According to Lawyer Ha, the prosecuting agency will comprehensively consider the evidence to determine the causal relationship between illegal rehabilitation and the consequences occurring as well as the extent of fault of the related individuals.
If the car tuning establishment clearly knows that the renovation causes technical unsafety but still performs it and this act has a direct causal relationship with the accident, functional agencies can also consider the responsibilities of those involved according to the provisions of law.
To limit this situation, lawyer Hoang Van Ha believes that it is necessary to strengthen the inspection of vehicle modification receiving facilities as well as social media accounts advertising services such as "speed unlocking", "battery boosting" or "engine power boosting". These are activities that risk causing many vehicles to no longer meet technical safety standards.
In addition, functional agencies need to tighten the inspection of the origin of components, batteries and controllers used to renovate vehicles; strictly handle cases of using goods of unknown origin or not ensuring quality standards.
According to the lawyer, propaganda work also needs to be promoted in schools and families so that students are clearly aware that illegal car modification is not only a violation of the law but also potentially poses a direct threat to their lives and those involved in traffic.
The goal of law is not only to punish but also to prevent, ensure traffic order and safety and protect the lives and health of people.
