Mức xử phạt vượt đèn đỏ? Không tuân thủ đèn tín hiệu bị phạt bao nhiêu?

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Currently, the number of vehicles is increasing day by day. Especially when the living standard of each household is improved, many families have 2-3 motorbikes or cars. Many people in traffic still defy the law, causing a series of tragic accidents. One of the most common traffic violations today is running a red light. However, many people still do not know how much the penalty for running a red light is. Therefore, Le Hong Phong High School sends you the following article to clarify the legal regulations on the level of fines for red lights and non-compliance with signal lights.

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Legal grounds

Road Traffic Law 2008amended and supplemented in 2018;

– Law on handling of administrative violations in 2012;

– Decree 100/2019/ND-CP of the Government on sanctioning of administrative violations in the field of road and railway traffic dated December 30, 2019;

– Circular No. 54/2019/TT-BGTVT of the Ministry of Transport promulgating national technical regulations on road signs dated December 31, 2019;

1. What does running a red light mean in English? Some relevant legal terms

Run a red light/ Run the red light: Run a red light

Traffic light: traffic light

Green light: green light

Yellow light: yellow light

Red light: red light

Traffic-light violation: Traffic light violation

Failure to stop at a stop sign: Failure to stop at the stop sign

2. Regulations on traffic lights

The purpose of traffic lights is to distribute traffic in an orderly manner. Especially at peak hours to avoid congestion as well as danger for vehicle drivers. It is clearly defined at Point a, Clause 3, Article 10 of the Law on Road Traffic 2008, revised in 2018 as follows:

a) The green signal is to go;

c) The yellow signal is to stop before the stop line, unless you have gone beyond the stop line, you can continue; In case the yellow signal is flashing, you are allowed to go, but you must slow down, pay attention to observe and give way to pedestrians crossing the street.”

Therefore, the act of running a red light is a prohibited act in accordance with the law and those who run a red light will be administratively sanctioned.

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Vehicle Fines Base
Motorbike 600,000 – 1,000,000 VND

Additional penalty: Deprivation of the right to use the driving license: 01-03 months

Point g, Clause 4, Article 6;

Point b Clause 10 Article 6

Tractors, special-use motorcycles 01 – 02 million VND

Additional penalties: Deprivation of the right to use a driving license when operating a tractor, a certificate of training in legal knowledge on road traffic (when operating special-use motorbikes) from 01 month to 03 months

Point dd Clause 5 Article 7;

Point a, Clause 10, Article 7

Car

03 – 05 million VND

Additional penalty: Deprivation of the right to use the driving license: 01-03 months

Point a, Clause 5, Article 5;

Point b Clause 11 Article 5

Bicycles, motorbikes (including electric bicycles), rudimentary vehicles

100,000 – 200,000 VND

Point dd, Clause 2, Article 8;

Walker

60,000 – 100,000 VND

Point b Clause 1 Article 9

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4. How to calculate the amount of violation

Pursuant to Clause 4, Article 23 of the 2012 Law on Handling of Administrative Violations:

4. The specific fine level for an administrative violation is the average level of the fine bracket prescribed for that act; if there are extenuating circumstances, the fine level may be reduced but must not exceed the minimum level of the fine bracket; if there are aggravating circumstances, the fine level may be increased but must not exceed the maximum fine level of the fine bracket.

Therefore, it can be understood that the level of administrative violation is the average level of the fine frame prescribed for that expenditure. Le Hong Phong High School gives the following specific example for readers to easily follow:

Specific penalty = (Maximum fine + Minimum penalty)/2

The fine for running a red light for motorcyclists will normally be (600,000 + 1,000,000) : 2 = 800,000 VND.

Note: If there are extenuating circumstances, the fine level may be reduced but must not exceed the minimum level of the fine bracket (ie 600,000 VND);

If there are aggravating circumstances, the fine level may be increased but must not exceed the maximum fine level of the fine bracket (1,000,000 VND).

5. Cases that are allowed to run red lights according to the latest regulations

Obedience of traffic drivers

According to the provisions of Clauses 1 and 2, Article 11 of the Law on Road Traffic 2008, the 2018 amendments toenforce road signs specifically:

1. Traffic participants must obey the signals and instructions of the road signal system.

2. When there is a traffic controller, the road users must obey the signal of the traffic controller.

In addition, when simultaneously arranging different forms of signals with different meanings in the same area, road users must obey the type of signals in the order ( Clause 4.1 Article 4 QCVN 41:2019/BGTVT issued together with Circular 54/2019/TT-BGTVT) as follows:

Signals of traffic controllers;

Signals of signal lights;

Signage of signboards;

Signals of road markings and other pavement markings.

According to the law, when you meet a red light on the road, you must stop and wait until the light turns green before continuing. However, if the traffic police permit you to go straight at a red light, pedestrians must obey this control.

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Priority car

The following vehicles have the right of way toi in front of other carsi cross the junction from any directioneh?who comes next?ugh:

Fire trucks on duty;

Military vehicles, carsUmbrellaPolice officers go on urgent duty, the convoy is led by police cars;

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Ambulance is on duty levelstasisu;

Car for dike, car to go to work to fix the problemugh natural disaster, epidemic or motor vehicleahm mission in bad conditionnn granted in accordance with the law;

Convoy of hearses.

(According to Article 22, Road Traffic Law 2008, revised in 2018).

However, for each different priority vehicle, there are basic requirements such as:i go to workmound there must be a whistle signal, cuh, lights as prescribed; unlimitedunmarketable tohc Do; is allowed to enter the road in the opposite direction, other roads are possible, keh? cher when there is a red light and only have to follow the instructions of the operatoreh?n communicationUmbrellang and other cases prescribed by the Government.

There are signal lights and signs that allow you to continue moving

When there are traffic lights or signs permitting, road users are allowed to turn or go straight despite the red light:

– There are green signal lights installed together with the signal to give priority to turn. This is usually an auxiliary, blue arrow-shaped light mounted below the traffic light.

– There are traffic signs, usually an auxiliary sign placed under the traffic light, allowing vehicles to turn when the light is red.

There are lines in the shape of a hammock

This road marking is usually yellow, intertwined, appearing in the innermost lane of the road. In this line area, vehicles traveling on the road are required to turn right, not allowed to go straight or stop.

Other special cases

As prescribed at 11 Law on Handling of Administrative Violations 2012 It is clearly stated that the person who commits administrative violations in the following cases will not be sanctioned:

– Committing administrative violations in an urgent situation;

– Committing administrative violations due to legitimate defense;

– Committing administrative violations due to unexpected events;

– Committing administrative violations due to force majeure events;

– Persons who commit administrative violations do not have administrative responsibility capacity; those who commit administrative violations who are underage shall be administratively sanctioned according to the provisions of Point a, Clause 1, Article 5 of the Law on Handling of Administrative Violations 2012.

How to handle a red light causing a fatal accident?

Pursuant to Article 260 of the Penal Code 2015 amended and supplemented in 2017 stipulates the crime of violating regulations on participating in road traffic as follows:

“first. Those who participate in road traffic but violate regulations on road traffic safety and cause damage to other people in one of the following circumstances, shall be subject to a fine of between VND 30,000,000 and 100,000,000, non-custodial reform for up to 03 years or imprisonment from 01 to 05 years:

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a) Causing death;

b) Inflicting injury or causing harm to the health of 1 person whose injury rate is higher thanHey maybe 61% or more;

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c) Inflicting injury or causing harm to the health of 02 or more people with the total injury rate of these persons from 61% to 121%;

d) Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 3 and 10 years of imprisonment:

a) Do not have a driver’s license as prescribed;

b) In the state of using alcohol, beer with an alcohol concentration in the blood or breath exceeding the prescribed level, using drugs or other strong stimulants;

c) Running away to avoid responsibility or intentionally failing to help the victim;

d) Failure to obey orders of traffic controllers or instructions;

e) Causing death of 02 people;

f) Inflicting injury or causing harm to the health of 02 or more people with the total injury rate of these persons between 122% and 200%:

f) Causing property damage of between VND 500,000,000 and under VND 1,500,000,000 Doh.

3 .Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:

a) Causing death of 03 people or more;

b) Inflicting injury or causing harm to healthine of 3 or more people total injury rate of these people 201% or more;

c) Causing property damage of VND 1,500,000,000 or more.

4. Violation of regulations on participation in road traffic in cases where it is likely to lead to the consequences specified at one of the points a, b and c, Clause 3 of this Article if not prevented in time, be subject to a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 1 year or a prison term of between 3 months and 1 year.

5. Offenders may also be banned from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years..

According to the above provisions, those who operate a road vehicle and violate the regulations on road traffic safety, causing loss of life or serious damage to the health and property of others, be fined or imprisoned depending on the seriousness of the violation.

In addition, the victim has the right to demand compensation from the person who caused the accident

Pursuant to Clause 1, Article 13 of the 2012 Law on Handling of Administrative Violations, amended and supplemented with the following provisions:

“Article 13. Compensation for damage

If an administrative violator causes damage, he/she must pay compensation.

The compensation for damage shall comply with the provisions of the civil law.

Above is the content of the latest law on fines for running red lights. In case you need a lawyer to consult and participate in the litigation at the Court, readers should contact Le Hong Phong High School for quick and timely support.

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