Circular 01/2016/tt-Bca: Prescribing The Duties, Powers, Form, Content, Traffic Control, Patrol Roads By Traffic Police

Original Language Title: Thông tư 01/2016/TT-BCA: Quy định nhiệm vụ, quyền hạn, hình thức, nội dung tuần tra, kiểm soát giao thông đường bộ của Cảnh sát giao thông

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MINISTER OF SECURITY
Number: 01 /2016/TT-BCA
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 4, 2016

IT ' S SMART

Mission rules, powers, forms, patrol contents,

control of road traffic - I don't know. g

________________________

Base. Law firm. n the people of 2014;

The Road Traffic Law Base in 2008;

The Administrative Administrative Processing Act of 2012;

- What? Let's just say the number 106 /2014/ND-CP 17 November 11 2014 Government rules What? ng, mission, authority and organizational structure of the Ministry of Public Security;

On the recommendation of the Director of the Police Department of traffic;

Tr See. g C cell - secure The Board of Prescribed Provisions, Okay. Finite, form, patrol, ki Okay. Mmm t Traffic Police Department traffic.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information provides for tasks, permissions; equities, media use, career engineering equipment, weapons, support tools; form, patrol, control, administrative breach, accountability, accountability, and coordination in partnership. Patrol, traffic control of the traffic police.

What? 2. Subject applies

This information applies to:

1. Officer, corporal officer of the traffic police officer (later abbreviated as cadre) performs patrol duty, control of road traffic.

2. Security of units, localities are involved.

3. Agency, organization, individuals are involved in road traffic activity on the territory of the Socialist Republic of Vietnam.

What? 3. Requires for the officer carrying out patrol duty, control of road traffic.

1. Hold on and implement the provisions of the law on road traffic, this Information and other regulation of the relevant legislation.

2. The right, full, is responsible for the mission to be assigned; the democratic process in the guarantee of order guarantees, safety of traffic and the Order of the Public Security.

3. When exposed to the people, the person with a violation of the law must have the correct attitude and the treatment in accordance with each of the checked objects.

4. Detout, interception, timely handling of the conduct of the law of order, safety of road traffic, and other violations of the laws that are related in accordance with the correct order, procedure, jurisdiction of the law.

5. has been issued by the sign and the Certificate of Police Patrol, control of road traffic under the provisions of the Ministry of Public Security.

Chapter II

SPECIFIC REGULATION

Item 1

MISSION, PERMISSIONS ON PATROL DUTY,

ROAD TRAFFIC CONTROL

What? 4.

Patrol officer, road traffic control carrying out the duties of the People ' s Police Force and the following specific task:

1. Perform the direction of the Ministry of Public Security, the Department of Police, the Director of Public Security, the Central City of Central (later abbreviated as Provincial Security); Head of the Patrol Guide, Road traffic control, Chief of Patrol, Control and Control. Highway traffic of the traffic police department; Chief of Police Road traffic-railways, Head of Provincial Security Police Department (later abbreviated as Chief of Police Department); Head of Public Security, District, Town, The city of the province (later abbreviated as the Chief of the District Security); the patrol plan, controlled controlled by the authority. Check.

2. Make sure order, traffic safety, patrol, patrol, control; detection, timely processing, and strict violation of violations by law.

3. The report, the proposal to grant the authority to petition with the relevant agency with timely austerity measures, shortcomings in state management of security, order and order, safety of road traffic; in coordination with the agency ' s road management agency. Now, preventing breach of the breach of road protection and road safety corridors.

4. Guide, propagation of the participants in strict approval of the law on road traffic.

5. The organization for the emergency of the victims, the security of the crime scene, dissolving the traffic accidents by law and the Ministry of Public Security; co-ordination of the search for rescue, rescue, and remediation of the disaster caused by natural disasters on the road.

6. Coordinate with civil and civil war workers fighting crime, anti-crime and other violations of the law on road traffic, road transport (later abbreviated as vehicle), the site is flawing in accordance with local law enforcement. The rules of the law.

What? 5. Limit

1. Being stopped by means of engaging in road traffic; vehicle control, vehicle identification; human control and paper control of the vehicle, the identification of the person on the control vehicle, the implementation of the vehicle. regulation of road transport activity under the rule of law.

2. Processing administrative violations in the field of road traffic, security, order, social safety and administrative violations in other state management areas according to the rule of law.

3. To apply deterred and guarantee measures for the disposal of administrative violations under the rule of law; temporary driver licenses, vehicle registration and other papers are related to the vehicle, vehicle operator or those on the ground, and the driver of the vehicle. By the way, when there is a violation of the law, the papers are linked to the operation to ensure that the execution of the law is determined by law.

4. Being asked for agency, unit, organization, individual coordination, support for solving traffic accidents; jams, obstruction of traffic or other cases of disorderly conduct, traffic safety.

5. Used by the use of weapons, support tools and vehicles, the statutory engineering equipment under the rule of law.

6. Utilities of transport vehicles; communications; vehicles, other technical equipment of the agency, organization, personal, and operator, using vehicles, equipment, as defined by law.

7. temporarily suspend people and vehicles in certain segments, redistribute the flow, redistribution of the line and where to stop the vehicle, parking the vehicle when the traffic jams occur or have other necessary requirements for security assurance, order, social safety and security. Yeah.

8. Do other powers according to the rule of law.

Item 2

EQUIPMENT AND MEDIA USE, WEAPONS ENGINEERING EQUIPMENT,

SUPPORT TOOL OF THE TRAFFIC POLICE ON PATROL DUTY,

ROAD TRAFFIC CONTROL

What? 6. equipped with vehicle equipment, career engineering equipment, weapons, support tools and equipment.

1. transport vehicles, including: Automoby cars, motorcycle vehicles and other types of other specialized vehicles that are installed with lights, the Security Flag, the vehicle 's priority siren, the priority vehicle' s priority under the regulation of the law on road traffic.

a) The two sides of the patrol car patrolled the blue fluorescent paint line, in the middle of the line. "TRAFFIC POLICE" White (with a fluorescent material), measuring 10cm x 10cm in size, which is 03cm, weighing on either side of the car. Depending on the vehicle layout, the distance between the letters, the words for the balance and the right;

b) Two sides of gas or on the second flank of the back bin or on the two sides of the trunk of a motorcycle, the two-wheel patrol wheel. "C.S.G. T" blue color (by fluorescent material). Depending on the size of the car size and the distance between the letters for the balance and the right hand;

c) The paint color of the automobile, the motorcycle used as a patrol duty, control: White paint.

2. Vehices, job engineering equipment

The vehicles, the equipment engineering equipment equipment for the traffic police on patrol, control, disposal of administrative violations in the field of road traffic done by Protocol No. 1 (d). 165 /2013/ND-CP 12/11/2013 The government regulates the management, use, and category of vehicles, a career engineering device used to detect administrative violations of order, safety of traffic, and environmental protection (later abbreviated as Protocol No. 1). 165 /2013/NĐ-CP).

3. communications vehicles: Negotiable machines, phone machines, Fax machines, data transmuters.

4. Weapons, tools to support the traffic police.

5. The command of the traffic command; the whistle; the speaker; the cone-shaped column; the barrier; the signage to stop the way, stop, stop the vehicle.

6. Light lighting.

7. Other vehicles, other technical equipment according to the Ministry of Public Security regulations.

What? 7. Use of media, career engineering equipment, weapons, tools, support tools, etc.

1. The use of vehicles, professional engineering equipment, weapons, support tools must follow the correct implementation of the 2012 Administrative breach of the Administrative Disposal Law, the Digital Protocol. 165 /2013/ND-CP, Digital 40 /2015/TT-BCA September 24, 2015, of the Minister of Public Security regulations on the use of media, engineering equipment in the People ' s Public Security to detect the administrative breach of order, safety of traffic and environmental protection, laws of law on management, use of weapons, and security. Gas and tools.

2. Use the preferred signal siren according to the rule of law.

3. The priority signal lamp is used continuously in the following cases:

a) Patrol, control,

b) Control at a point on the road of traffic or at the transport Police Station on daytime in bad weather conditions that limit visibility (rain, fog ...);

c) Control at a point on the traffic road or at the traffic Police Station on the night.

Section 3

PATROL FORM, CONTROL

What? 8. Patrol, public control

1. Patrol method, public control

a) Patrol, control,

b) Control at the traffic police station;

c) Control at one point on the road of traffic;

d) Patrol control combined control at one point on the road.

The patrol, public control on the highway is carried out in accordance with the rules of regulation at Point a, Point c, this D-Point.

2. Patrol, public control must plan to be Chief of the Border Patrol, traffic control of highway traffic under the traffic Police Department, Head of Police Police Department, Head of Public Affairs Department of Public Affairs. The patrol plan, control of time, route, place of patrol, control.

3. When the patrol, public control must carry out the following regulations:

a) The use of the uniform in accordance with the provisions of the Ministry of Public Security;

b) Use the transport or walk to patrol, control within the assigned site range;

c) Using the vehicles, technical equipment, weapons, regulatory tools, regulations of law and this information.

What? 9. Patrol, public control combined with the makeup

1. The case of patrol, public control combined with the makeup.

a) Chemical use of vehicles, engineering equipment, to improve the efficiency of orderly conduct, traffic safety;

b) Fight against crime; when the situation of security, order or order, safety of traffic is complex.

2. The authority decides to patrol, public control combined with the makeup.

a) The Director of the Bureau of Police, the Director of the Provincial Security becomes the decision of patrolling, public control combined with the prescribed makeup on this One Article;

b) Head of the Highway Patrol, high-speed road traffic control of the traffic Police Department, Chief of the traffic Police Department, Head of the District Security Bureau decides to patrol, public control combined with the makeup on the specified case at the site. Point a clause.

3. Patrol conditions, public control combined with the local makeup.

a) There must be a plan of patrolling, controlled by the competent authorities at Article 2 of this Article. The planning content must specify the method of execution, force, communication, time, patrol, patrol, control; vehicle engineering equipment used to patrol, control;

b) The patrol, control of the layout of a cadre in the organization to make the page (often in uniform) perform the task of monitoring the situation of transport order, detection, struggle to prevent acts of violation of the law. When the breach must be notified immediately for the patrol department, public control for the conduct of control, processing under the rule of law;

The department and patrol department, public control in a patrol, controls must hold a proper distance to ensure the processing of the breach in time, in the right of law;

c) Serious misuse of the abuse of patrol, public control combined with the makeup of perturbation, disturbing, damaging to the interests of the State, the right and the legitimate interests of citizens, agencies, organizations.

What? 10. Control through the monitoring system, processing violation of the order, safety of road traffic.

1. The monitoring system, which handles breach of order, safety of road traffic, including:

a) The terminal (the speed gauge has a visual record; the surveillance camera, the visual media record; the control devices; electrical, electronic, and other mechanical devices ...) are installed fixed on the road traffic to direct monitoring. Orderly, traffic safety, and automatic recognition of human image, violation of road traffic laws;

b) The system of processing equipment at the center, the management software and the monitoring database, the handling of the orderly conduct, traffic safety;

c) The data transmission system;

d) Other auxiliary devices.

2. The unit carrying out the patrol duty, controlling the position of cadres with sufficient standards under a direct regulation at the Executive Center to coordinate the operation of the monitoring system and notification of violation of the person, vehicle participation vehicle for the Patrol, control and control. work on the line for control, processing violation by regulation.

3. When receiving a notice of human violations, the vehicle joins traffic from the Center for Supervising Systems, the Patrol, which controls the task of stopping the vehicle, controls, and handles the breach in accordance with the regulation. End of the patrol, control, the Organization responsible for the control of the controlled investigation, the handling of the Executive Center. The staff of the Executive Center is responsible for the statistical operation of the discovery through the monitoring system but has not yet been controlled, violated the breach, the report, the written proposal with the person with the authority to process the breach in accordance with the law's regulations.

4. infringed behavior by the technical equipment of the monitoring system, disposal of order violations, the safety of the traffic of records, obtained statistically, enumerlist, printing of a photo or record, recording infringes of the breach and storage in the case file, violation of It ' s a public domain, according to the Department of Public Security.

What? 11. Arms of other Police Forces and Public Security Coordination Patrol, Control and Control.

The case should be required to mobilize other police forces and the Public Security Council in coordination with the road traffic police involved in patrolling, control of order, safety of road traffic in accordance with regulation at the UN Census. 27 /2010/NĐ-CP December 24, 2010 The Government regulates the mobiling of other Police and Public Security forces in coordination with the road traffic police involved in patrolling, control of order, safety of road traffic in case of need and digital information. 47 /2011/TT-BCA 02/7/2011 of the Minister of Public Security rules the implementation of some of the provisions of the Digital Protocol. 27 /2010/NĐ-CP.

Section 4

PATROL, CONTROL, DISPOSAL OF ADMINISTRATIVE VIOLATIONS

What? 12. The cases are stopped by means

1. Stop the means of ensuring the following requirements:

a) Safe, the rules of law;

b) Do not interfere with traffic activity;

c) When a means of stopping the vehicle must take control, if the breach must process the breach in accordance with the rules of the law.

2. The officer carrying out the patrol duty, control is stopped by means of control in the following circumstances:

a) Direct detection of or through the vehicle, a career technical device detection, recording of the conduct of the violation of the law on road traffic;

b) Implementuation of the order, patrol plan, control of the Director of the Bureau of the Traffic Police or the Director of the Provincial Public Health.

c) Implemucing of the plan to organize patrols, control and disposal of violation, order assurance, traffic safety of the Chief of the Patrol, control of highway traffic in the traffic Police Department, Head of the transport Police Department or Head of Public Security. The district returns.

d) There is the Prime Minister ' s recommendation text, Deputy Head of the Bureau of inquiry; the proposed text of the relevant authorities on the means of stopping the vehicle for control of the security of security, order, chamber, anti-crime and criminal acts. Another rule. The proposed text must write specific time, route, stop means to control, process, force participation force;

News reports, whistled by human rights violations and transportation.

What? 13. Patrol content

1. The patrol content must be expressed in the patrol plan, which controls the approved authority, in order to take seriously and effectively lead the Government, the Prime Minister, the Department of Public Security, the Bureau of Police Department of Police, Director of Public Affairs. Provincial security.

2. The officer on patrol duty, which controls the use of road transport or walking patrol, controls within the assigned site range, applying job measures in conjunction with the use of media, a career technical equipment to provide the use of the vehicle. supervising, prevention, detection, timely prevention, and strict treatment of violations of the law of order, safety of traffic, and other violations by law.

What? 14. Control Content

1. Make control of people and means of engaging in road traffic; handling violation of road traffic laws on people and vehicles entering road traffic, including the following content:

a) Control of documents related to people and vehicles, including:

-Driving permits; Car registration; Certificate of technical safety checks and protection of the road motor vehicle environment; Civil responsibility insurance certificates of motor owners and other papers related to people, vehicles, activities, and other activities. Transport;

-When the control comes between the papers together, the paper is concerned with the fact that the person, the vehicle, the goods transport on the vehicle.

b) Control the traffic participation conditions of the vehicle.

-Control of technical safety conditions and environmental protection of the road-road motor vehicle;

-Control over the front, behind, the lighting lights, the beacon, the fire, the water, the headlights, the lanterns, the lights, the lights, the lights, the lights.

-Control and evaluation of the driver ' s system of driving systems, three vertical, trivia, articarable joints; brake systems, oil pipelines or the conducts of the braking system; the clocks on the eight-wheel board (paying attention to the alarm clock pressure on others). means to use the braking system; equipment monitoring equipment, rescue equipment, rescue (if available); whistles, lamps; suspension; system wheel system vehicle size, thickness, vapor pressure;

-Control of the fire and fire facilities, the licence to transport by law to passenger vehicles, gasoline, oil, dangerous cargo.

c) Road transport control

-Rule control, the size of goods, items of transport (long, wide, high, high), the type, the weight of goods or the number of people on the vehicle compared to the regulatory content at the types of papers, the legitimacy of the goods and safety guarantees;

-It's a case of a base that says that in the transport, objects that hide the burial of the planet and the people in the traffic are hidden in the animal, the vehicle used to violate the administrative breach, the transport, the transport. animal and examination by the administrative procedure; when conducting the right examination of the laws of the execution of the administrative breach;

-The case found signs of crime, compencated, suspended persons, funerals, vehicles, papers, relevant documents, authorship reports to apply for instructions to address the resolution; the parole of people, mourning, media, papers, the relevant document must make the right regulation of the law.

2. Control through the vehicles, job engineering equipment, and

a) When it has been reported to be in violation of order, safety of human traffic and vehicle engagement through the means of a professional engineering device, the officer performs the order to stop the vehicle to control the breach of the breach. It's the rules and the rules. If the offender asked to see the image, the record, the result of the breach, was to show if there was an image, the recording results were there; if there was not an immediate image, the results, the results, the user's instructions, the results recorded when they came to the breach at the unit headquarters;

b) The case has not yet stopped the vehicle for control, the regulatory violation, the Organization of the Patrol, control of the Chief of the Patrol, the highway traffic control of the traffic Police Department, the Chief of Police Department. Or the Head of Public Security is to make a notification to the media owner, asking a violation of the public office to find out the breach. When addressing the case, the breach must be given to the violation of the image or the result of the record, obtain on their behavior; and to compile the administrative breach and the prescribed disposal.

What? 15. Waste Processing

1. When a violation of the breach, the patrol officer, control is assigned to the task force to promptly compile the administrative breach, except for the case of a non-compiled administrative breach. The case needs to prevent timely violation of the administrative breach or to ensure the approval of the decision to punish the administrative breach, the Organization of the Patrol, which controls the decision to decide or report the authorities to decide to apply the deterred measures. and secure the administrative breach. The procedure for the administrative breach of the administrative breach, the administrative violation of the non-compiled administrative breach, applies deterred measures and guarantees that the administrative violation of the administrative violation must follow the provisions of the law on the disposal of administrative violations.

2. After the establishment of a full administrative breach, the officer ' s patrol officer, the control sent to the offender and announces violations of the violations to those on the means of knowing to approve the surveillance. For passenger vehicles from 16 or more seats, the patrol officer, controlled by the assignment of duty, was directly assigned to the passenger compartment. The non-detection case must also be reported and said: " Thank you.

3. For the violation of the case not to compile the administrative or jurisdiction of its jurisdiction without the need to investigate the verification, it is possible to make a decision on the site or immediately during the time of the patrol, control. In other cases, the breach of the breach is required to determine the penalty.

Section 5

ASSIGNMENT OF RESPONSIBILITY AND COORDINATION IN PATROL WORK,

ROAD TRAFFIC CONTROL

What? 16.

1. Host, in collaboration with the staff involved in the construction of legal, legislative, policy-making, policy-making, road safety policy.

2. Directed, guide, test for patrol work, control and disposal of administrative breach of order, safety of road traffic; in coordination with the Inspector of Public Security Inspector of law enforcement, regulation, process, work mode, Internal Command, Internal Affairs, Citizens of the People's Security Guard when asked.

3. Build patrols, control road traffic within the entire country.

4. The force layout of the transport Police Department organizes patrols, controls and handles administrative violations of order, safety of traffic on highways; presiding, coordinating with the Public Security of Units, local patrols, control and handling of the area. The administrative breach of order, safety of traffic on highways in the event of necessity.

5. The force organization of the Department of Police Services performs independently or presided over, in coordination with the Public Security of Units, localities, forces that are involved in the implementation of the patrol plan, control of road traffic that has been granted the authority to approve above. The roads in the entire country.

What? 17. Provincial Security

1. Director of Provincial Security

a) Command of the traffic police force carrying out the patrol, control of road traffic within the management range;

b) Decision assignment, line allocation, patrol site, control and disposal of administrative violation of order, safety of road traffic (this issued by this message) between the Police Department of Communication and the District Security by statute. It ' s this announcement.

c) Directoring local traffic police forces in coordination with the patrol force, control of the Department of Traffic Police carrying out patrols, control and disposal of administrative violations of order, safety of traffic on the highway routes when there is an end. Request.

2. The traffic police department

a) Staff of the Provincial Director of the Provincial Security Decision to decide the deployment of the forces of the Department of Traffic Police and District Security to organize patrol, control and disposal violations of the order of order, safety of traffic on the local road traffic routes. the administrative boundaries of the local area;

b) The task force, the organization that operates patrols, controls and handles administrative violations of order, safety of traffic on the routes of the local administrative boundaries; the province, the urban road in accordance with the resolution decision, the hierarchy of the Director. The governor of the province,

The actual situation ensures order of order, safety traffic on the route of the highway across the territory of the county, the town, the city, the district town, the district town, the Police Department of Police Staff, the Director of the Provincial Public Security, and the Provincial Office of the Provincial Office. the forces of the Metropolitan Police Department, in coordination with the Public Security Police Department of Public Security Patrol, control and dispose of the administrative breach of order, safety of traffic in accordance with the rule of law;

c) The guide, inspection, the governor of the District Security Police Department performs patrol, control, violation of order, safety of road traffic.

3. District Security

a) The task force, the organization that operates patrol, control and disposal of administrative violations of order, safety of traffic on the district roads, roads, the dedicated road within the administrative boundaries; the province, the urban road in accordance with the resolution decision. public, the Director of Provincial Public Safety;

b) Coordinated with the Patrol Police Department patrolling, control and disposal of administrative violations of order, safety traffic on the passage of the route through the county administrative district, town, provincial city, district town under the plan of Director of Public Works. The provincial security department.

Chapter III

THE ORGANIZATION.

What? 18. Effect of execution

This investment has been in effect since February 15, 2016 and replaces the Digital Digital. 65 /2012/TT-BCA October 30, 2012 of the Minister of Public Security Regulation, jurisdiction, form, patrol, control of the Police Road Police.

What? 19.

1. Secretary of State Police charged with responsibility

a) Directoring, tracking, guiding, checking, the deployment of the deployment, implementation of this Information;

b) Command the editor of the training of the patrol business, control and disposal of the administrative breach of order, safety of road traffic;

c) The training organization, inspection, evaluation of the results of the training of the patrol work, control and disposal of administrative breach of order, safety of road traffic for cadres of the traffic and leadership Police Department, commander, officer of Police units Traffic in the country.

2. Director of Provincial Public Security is responsible

a) The organization of the training of the patrol, controlling and handling of the administrative breach of order, safety of road traffic for the officers of the local Department of Public Affairs under the management of training documents compiled by the Police Department;

b) Directs, the organization performs the patrol, control and disposal of administrative violations in the field of road traffic in accordance with this Information.

3. The chief ministers, the Deputy Minister of the Ministry of Public Security, Director of Public Security, Police Department of Fire and Healing Departments, the Central City of Central City are responsible for this practice.

In the course of this announcement, if there is difficulty, entangrium, the Security of Units, the local report of the Ministry of Public Security (through the Department of Police) for a timely direction.

Minister.

(signed)

General Chen Kuang