The Decree 107/2014/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree No. 171/2013/nd-Cp On November 13, 2013 Of Government Sanctioning Administrative Violations In The Field Of Transport Of Hi ...

Original Language Title: Nghị định 107/2014/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 171/2013/NĐ-CP ngày 13 tháng 11 năm 2013 của Chính phủ quy định xử phạt vi phạm hành chính trong lĩnh vực giao thông đườn...

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THE GOVERNMENT.
Number: 107 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 17, 2014

DECREE

Modify, add some of the provisions of the Digital Protocol 171 /2013/NĐ-CP November 13, 2013 of the Government rules sanctions on the administrative breach in the field of road and rail transport.

________________________________

Government Law Base December 25, 2001;

The Administrative Administrative Processing Law on June 20, 2012;

The Road Traffic Law Base November 13, 2008;

Railway Law Base June 14, 2005;

On the recommendation of the Minister of Transport,

The government issued the revised decree, adding some of the provisions of the Protocol. 171 /2013/NĐ-CP November 13, 2013, the government rules for administrative violations in the field of road and rail transport.

What? 1. Modified, add some of the provisions of the Digital Protocol 171 /2013/NĐ-CP November 13, 2013 of the Government rules sanctions on the administrative breach in the field of road and rail transport.

1. Modip the clause 3 Article 16 as follows:

"e." Self-made to alter the size of the bin, automatically fitted or loot the seat, the bed is on the passenger carriage. "

2. Fix 2 Article 23 as follows:

" 2. Fines of between 300,000 and 500,000 per person exceed the vehicle's allowed to carry the vehicle's vehicle, the car operator carrying passengers, the car carrying people (except the bus), which carries out the breach: Too from the age of 2 people on the car to nine. The place, which was carrying too many people from the last three of them to the 10-seat vehicle to the 15-seat vehicle, was carrying too many more than four people on 16 to 30-seat vehicles, carrying over five of the five people who were back in the car over 30 seats, except for the violations of the regulations at Clause 4 of this. "

3. Fix 4 Article 23 as follows:

" 4. Fines of $800,000 to 1,000,000 per person exceed the vehicle 's allowed to carry the vehicle' s transport operator carrying passengers who run the line 300 kilometres (300 km) of carrying out violations: Too from 2 or more on the car. Nine out of three, loaded from the top three of the three, on the 10-seat drive to the 15-seat vehicle, which was carrying too far from the top four on the 16-seat vehicle to the 30-seat vehicle, which was loaded from five to five people and more on 30. "

4. Modified, add Article 24 as follows:

" 24. Handling the driver of the truck, tractor and car-like vehicles transport the cargo in violation of road transport regulations.

1. A currency of between 300,000 and 400,000 copper is required to be forced to be forced without a non-binding or non-binding ligament; line up on the roof of the cockpit; the line is deflated.

2. Penituation of between 800,000 and 1,000,000 coins for one of the following violations of the following:

a) Chin rows of tonnage (freight mass) allowed for traffic participation recorded in the Technical Safety Control Certificate and Environmental Protection on 10% to 40% for vehicles with a load of less than 5 tons, above 10% to 30% for critical vehicles. load from 5 tons or more and more than 20% to 30% for a liquid-loaded cement vehicle (including both a mobrain and a meshy mt);

b) Line up on the roof of the trunk; the line exceeds the tank width; line up front, behind the bin over 10% of the car length;

c) Chin on the left bin of the left car; let the man sit on the hood, swinging outside the car while the car is running;

d) Control of the vehicle engaged in a freight business that does not have or does not carry a supply of transport or transport contracts, except for a truck.

3. Money from 1,000,000 to $2,000,000 for vehicle-controlled behavior in the freight business is not attached to the vehicle ' s journey monitoring (for the type of vehicle required to mount the device) or attach equipment but the device does not operate. I mean, the rules.

4. Money from 2,000,000 to 3,000,000 in one of the following violations:

a) Control of a taxi truck that does not install a cash record or installation of undefined cash profile;

b) The line exceeds the height of the order for the truck (including the both the mooch and the meshy mor).

5. Penituation from 3,000,000 to $5,000,000 in one of the following violations of the following:

a) Chin rows of tonnage (freight mass) allowed for traffic participation recorded in the Technical Safety Control Certificate and Environmental Protection on 40% to 60% for vehicles with a load of less than 5 tons, over 30% to 50% for critical vehicles. load from five tons or more of a liquid-carrying cylinder.

b) Space control over time specified;

c) The vehicle control has no badge or whether it has expired for the type of car that specifies the badge.

6. Money from $5,000,000 to $7,000,000 for cargo vehicle control behaviour (the volume of cargo carrying) allows participation in the traffic to be recorded in a Certificate of Technical Safety Control and Environmental Protection on 60% to the United States. 100% for vehicles have a load of less than 5 tons, over 50% to 100% for vehicles with weight from 5 tons or more or more fluid (including a mooch and a meshy mt).

7. Money from $7,000,000 to $8,000,000 for cargo vehicle control behaviour (the volume of cargo carrying) allows participation in the traffic to be recorded in a Certificate of Technical Safety Control and Environmental Protection on 100% (since 2014). All right, you and your sister, you and your sister, you and your sister

8. In addition to being fined the money, the person who carried out the violation was also imposed on the following additional forms of punishment:

a) Implementiation of regulation at point b 2, Point A 5 This is stripped of the use of the 1 month driving license;

b) Perform the specified behavior at Point 2; b point 4; point b, Point 5; Clause 6 This is stripped of use of the 2-month Driving License;

c) Implementiation of provisions at paragraph 7 This is stripped of the use of the 3-month Driving License;

d) In the case of a vehicle operator at the same time as the media owner, if there is a violation of the regulations at Point A paragraph 5, paragraph 6, clause 7 This is for the same means by which the vehicle is not properly regulated. It was also stripped of the right to use the Technical Safety Control and Environmental Protection and Environmental Protection Certificate in a 1-month period.

9. In addition to being applied to the punishment form, the driver of the means of violation of the breach is also being applied to the following remediation measures:

a) The conduct of the breach in point a, point b 2; point b paragraph 4; Point A 5; Clause 6; Clause 7 This is also subject to post-process remediation measures, forced to lower the overload, unload the line beyond the size of the prescribed size. guidance of the function force at the breach of the breach;

b) In the case of a vehicle operator at the same time as the media owner, if you do a violation of the regulations at Point 5, paragraph 6, paragraph 7 This is for the same means by which the vehicle is not in the right vehicle. It is also forced to make adjustments to the vehicle ' s bin in accordance with the existing regulations and to re-register before bringing the vehicle into traffic. "

5. Fix 1 Article 28 as follows:

" 1. A fine of $500,000 to 1,000,000 individuals, from 1,000,000 to 2,000,000 people to the organization that carried out the conduct of the freight drive to the car, exceeded the load (the cargo mass) allowed for the traffic to be recorded in the paper. certification for technical safety checks and environmental protection of the vehicle above 10% to 40%; loading the goods on a car without the validation of the loading of goods into the prescribed transport paper. "

6. Modified B Point 2 Article 28 as follows:

" b) Does not list the name, telephone number of the transport business unit (the carrier of goods), the volume of vehicle itself, the volume of goods allowed for the transport, the entire volume allows for participation in traffic on the prescribed truck door; no. listing the name, telephone number of the transport business unit (the carrier of the cargo), the volume of the auto-capitalized car itself, the volume of goods allowed for the transport, the full volume allowed for the pull on top of the specified auto-car door; no listing. Name, telephone number of the transport business unit (the carrier of goods), the volume of goods allowed for transport, the total volume for the transport. If you want to engage in traffic, you will be able to do it.

7. Add Point 2 Article 28 as follows:

"e) Ranking up every car that exceeds the load (the cargo mass) allows for the delivery of the traffic to be recorded in the Technical Safety Control Certificate and Environmental Protection of over 40%."

8. Modified Article 30 as follows:

" Article 30. The copyright violation of the violation of the regulations concerning road traffic

1. Money from $100,000 to 200,000 co-workers with motorcycle owners, motorcycles and car-like vehicles, from 200,000 to 400,000 co-hosted by motorcycle owners, motorcycles, and motorcycle-like vehicles that make one of their own. the following violations:

a) Self-branding, the paint color of the car is not true with the Car Registration;

b) No registration procedure to the vehicle name (to transfer the owner of the car in the Car Registration Paper to its name) by regulation when purchasing, given, donated, allocated, transferred, inherited property as motorcycles, motorcycles, motorcycle similar vehicles Bowl.

2. The fines of $300,000 to $400,000 for the individual are automotive, tractor, motorcycle, and car-like vehicles, from 600,000 to 800,000 co-hosted by car owners, tractor machinery, motorcycles, and other vehicles. Auto auto makes one of the following violations:

a) The windshield, the door glass of the car is not a safe glass;

b) Self-change the paint color of the wrong car with the paint color in the Car Registration;

c) Do not perform the correct designation of the license plate, the regulation of the pun on the vehicle and the door; except for the violation of the specified breach at Point a, Point b, Point 2 Article 28, Point 2 Article 2 Article 37 This decree.

3. Money from 800,000 to 1,000,000 individuals is a motorcycle owner, motorcycle car and motorcycle similar vehicle, from 1,600,000 to 2,000,000 in partnership with motorcycle owners, motorcycles, and motorcycle similar vehicles that carry out a vehicle. in the following violations:

a) Self-cut, welt, turd, number;

b) Bleach, repair, or fake car registration records;

c) To change the frame, machine, shape, size, characteristics of the vehicle;

d) The declaration was not true or used the papers, the false document to be issued to the license plate, the Car Registration;

Deliver a vehicle or to allow the ineligible person to be eligible under provisions at Clause 1 Article 58 of the Road Traffic Control Act.

4. Money from 1,000,000 to 2,000,000 partners for the individual is a car owner, tractor, machine car, and car-like vehicles, from 2,000,000 to a 4,000,000 co-host to the organization that is the owner of cars, tractor machines, motorcycles, and vehicles. Car-like cars do not automatically register to the name of the car (to transfer the owner of the car in the car registration to his name) by the rule of purchase, given, given, donated, allocated, transferred, inherited property as automobile, tractor, It ' s a motorcycle, a car that ' s similar to cars.

5. Money from 2,000,000 to 4 million yuan is a car owner, tractor, machine car, and car-like vehicles, from 4,000,000 to 8,000,000 homers to the organization, car owners, tractor machines, motorcycles, and vehicles. The same automobile car is in one of the following violations:

a) Self-cut, welt, turd, number;

b) Bleach or repair of vehicle registration, vehicle registration records, certificates or stamps that control technical safety and environmental protection of the vehicle;

c) Not to accept the recovery of the vehicle registration; the license plate plate; the certificate for the safety of the technical safety test and protection of the local road-based motor transport environment;

d) No procedure in return for vehicle registration when the vehicle has been renovated;

Transport or to allow unqualified persons to be eligible under provisions at Clause 1 Article 58 (for automobile, tractor and car-like vehicles), Clause 1 Article 62 of the Road Traffic Law (for a dedicated motorcycle) control vehicle traffic;

e) The declaration is not true or the use of papers, false documents to be issued to the license plate, registration of vehicle registration, vehicle registration, and environmental protection;

g) Deliver or let the worker, the agent who controls the vehicle for the conduct of the regulatory violation at: Clap 2; Point c, Point 3; Clap 4; Score 6 Article 23 This decree;

h) Deliver or let the worker, the agent who controls the vehicle for the conduct of the regulatory violation at: Point a, point b 2; point b 4; point b Article 5 Article 24 This decree;

i) Deliver or let the worker, the agent who controls the means of execution of the regulatory violation at Point 2 Article 25 This decree;

n) Deliver or let the worker, the agent who controls the means of execution of the regulatory violation at: Clause 2; Points b, Point c, Point, Point, Point, Point 3 Article 33 This Protocol.

6. Money from 4 million to 6,000,000 individuals, from 8,000,000 to 12,000,000 co-workers for the organization to perform one of the following violations:

a) Hire, borrow, accessory to the automobile when it is checked;

b) Give a motor vehicle, a specialized motorcycle with no identification or stamp identification of the technical safety and protection of the environment in accordance with the traffic.

7. Money from 6,000,000 to $8,000,000 in individual cars, tractor, tractor, motorcycle and car-like vehicles, from 12,000,000 to 16,000,000 co-hosted by car owners, tractor, tractor motorcycles, and other types of vehicles. Car-like cars do one of the following violations:

a) Self-changing the sum of the total frame; the sum total; the brake system; the transmission system; the motion system; the motion system or the self-creation of the texture, shape, size of the car not properly designed by the maker or the renovation design has been competent. approval; self-intent changes the use of the vehicle;

b) Corrects other cars into passenger cars.

8. Money from 12,000,000 co-workers to 14,000,000 individuals are car owners, tractor motorcycles, specialized motorcycles and car-like vehicles, from 24,000,000 to 28,000,000 co-hosted by car owners, tractor, tractor motorcycles, and other vehicles. Car-like cars carry out delivery or to the worker, the agent controls the vehicle for violation of regulation at Point A 5 Article 24 This Protocol.

9. Money from 14,000,000 to 16,000,000 co-workers is a car owner, tractor, machine car, and car-like vehicles, from 28,000,000 to 32,000,000 co-hosted by car owners, tractor, tractor motorcycles, and other vehicles. Car-like cars do one of the following violations:

a) Deliver or let the worker, the agent who controls the vehicle for the conduct of the statute of regulations at: paragraph 6 Article 24; paragraph 4 Article 33 This decree;

b) Deliver or let the worker, the agent who controls the means of carrying out the violation of the prescribed violation at Point 2 Article 25 This decree.

10. Money from 16,000,000 to 18,000,000 partners for individual cars, tractor, tractor, and car-like vehicles, from 32,000,000 to 36,000,000 co-hosted by car owners, tractor, tractor motorcycles, and other vehicles. Car-like cars carry out delivery or to the workers, the operator controls the means of violation of the regulations at: Clause 7 Articles 24; Clause 5 Article 33 This Protocol.

11. In addition to being fined, personally, the organization that carried out a violation of the breach was also imposed on the following additional forms of punishment:

a) Perform the specified behavior at Point b, Point 3; Points b, Point 5 This is foreclosure of license plates, Car Registration (case reissued), records of records, types of papers, forged documents;

b) Perform the specified behavior at Point b 7 This is confiscated by means;

c) Reposition the specified behavior at Clause 8, Point A 9, paragraph 10 This is for the same means that the vehicle with a bin is not correct in the current regulation, and is stripped of the use of the Certificate of Technical Safety Control and Protection. the environment and Tem ' s test of the vehicle for a period of 1 month.

12. In addition to being imposed on the form of punishment, personally, the organization that carried out the violation of the breach was also imposed on the following remediation measures:

a) Perform the specified behavior at Point A 1; Score b, Point 2 This is forced to restore the label, the paint color in the car registration or the correct execution of the license plate, the regulation of the pun on the vehicle and the car door;

b) Perform the specified behavior at Point 2, Point A 7 This is forced to restore shape, size, or the initial technical safety of the vehicle;

c) Reposition the specified behavior at Clause 8; Point A 9; Section 10 This is for the same means that the vehicle with a car bin is not correct according to the current regulation, but is also forced to make the case adjustment in accordance with current regulations and Revisit before you get the vehicle into traffic. "

9. Modified, add Article 33 as follows:

" Article 33. Punish the driver of the wheel; the vehicle is overloaded, the limiting process of the bridge, the road (including the passenger car carrying passengers)

1. A currency of between 1,000,000 and 2,000,000 partners for non-performing behavior rules in the Circulation Permit, except for the behavior of violations specified at point b, point d, point 3 This Article 3.

2. Money from 2,000,000 to 3,000,000 co-controls the vehicle controls the total weight (the total volume) that allows the traffic participation of the vehicle to exceed the bridge ' s permission load, the road above 10% to 20%, unless the case has a licence to circulate. And the value of use.

3. Penituation from 3,000,000 to $5,000,000 in one of the following violations of the following:

a) Not to take up the load test, limit the vehicle limit when there is a signal, the order to request a load test, limit the vehicle limit; transfer or use other procedures to evade detection of overloaded, oversized vehicles;

b) The vehicle control has a retention license while the value is used but the total weight (full volume) that allows the traffic participation of the vehicle or the vehicle axial load (including the goods placed on the vehicle if available) exceeds the regulation in the Circulation Permit;

c) The vehicle control that the total weight (total mass) allows for the traffic of the vehicle or the vehicle axial load (including the cargo load, the person loaded on the vehicle) exceeds the bridge ' s permission load, the road above 20% to 50%, unless the case is available. The stored license is used for use;

d) Chin rows cross the bounds of the bridge, the line in the Circulation Permit;

Control of the wheels involved in traffic without a license to circulate, and the value used by regulation or circulation directly on the road without implementation of the prescribed path protection measure;

e) Control the vehicle beyond the limits of the bridge, the road or the freight crossing the limits of the bridge, the road to traffic, except the case with a license-in-value.

4. A massive amount of $5,000,000 to $7,000,000 for vehicle-control behavior that total weight (full volume) allows for vehicle traffic participation or vehicle axial load (including car-based goods, people loaded on vehicles) exceeding the load of the vehicle. The bridge is allowed, the line above 50% to 100%, except for the case with a valid retention permit.

5. A massive amount of $7,000,000 to $8,000,000 in vehicle-control behavior that total weight (full volume) allows for vehicle traffic participation or vehicle axial load (including car-based goods, people loaded on vehicles) exceeding the load of the vehicle. The bridge is above 100%, except in the case of a valid retention permit.

6. In addition to the fines of the money, the driver of the means of violation of the breach is also applied to the following additional forms of punishment:

a) Perform the regulatory behavior at Clap 1, Point 3 This is also stripped of the use of the driver's license (when control of cars, tractor and car-like vehicles), certificates of fostering legal knowledge of road traffic (when controlling the vehicle). 01 months;

b) Perform the specified behavior at Point a, Point b, Point, Point, Point, Section 3; Clause 4 This is also stripped of the use of the driving license (when control of cars, tractor and car-like vehicles), certificates fostering legal knowledge of the transaction. Road traffic (when the dedicated motorcycle control) 2 months;

c) Implementation Behavior in paragraph 5 This is stripped of the use of the driver's license (when control of cars, tractor and car-like vehicles), certificates of fostering legal knowledge of road traffic (when specialized motorcycle controls) 3 months;

d) In the case of a vehicle operator at the same time as the media owner, if there is a violation of the regulations at paragraph 4, paragraph 5 This is for the same means by which the vehicle is not right under the current rules of the vehicle. using the Technical Safety Control Certificate and Environmental Protection and Tem controls over a 1-month period.

7. In addition to being applied to the punishment form, the driver of the means of violation of the breach is also applied to the following remediation measures:

a) execute violation of regulations at Clause 1, Clause 2, Clause 3, Clause 5 This is forced to lower the overload, unload the overload according to the function of the function force at the site of the breach; if damaging the bridge, the road must be restored. restoration of the original condition has been changed due to the administrative breach caused;

b) In the case of a vehicle operator at the same time as a media owner, if there is a violation of the specified behavior at Clause 4, paragraph 5 This is for the same means that the vehicle with a vehicle bin is not correct. Do the car-bin adjustment in accordance with the current regulation and re-register before bringing the vehicle into traffic. "

10. Modified, add the l clause 6 Article 68 as follows:

"1) Clap 1; Points A, Points b, Point 2; Clap 3; Clause 4; Clap 5; Clap 6; Clap 7;"

11. Modified, add Point 6 Article 68 as follows:

"n) Clap 2; Points a, Point, Point, Point, Point, Point, Point 5; Clap 6; Clap 7; Clap 8; Clap 9; paragraph 10 Article 30;"

What? 2. Effect and accountability

1. This decree has been in effect since 1 January 2015.

2. The Ministry of Transport is responsible for coordinating with the ministries, which is concerned with the direction of this decree.

3. Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial Committee of the Provincial People's Committee, the Central City of the Central Committee is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung