Circular 23/2008/tt-Bca-C11: Guide The Implementation Of A Number Of Articles Of Decree 146/2007/nd-Cp Dated 14 September 2007 Regulations Sanctioning Administrative Violations In The Field Of Road Traffic

Original Language Title: Thông tư 23/2008/TT-BCA-C11: Hướng dẫn thi hành một số điều của nghị định số 146/2007/NĐ-CP ngày 14 tháng 9 năm 2007 Quy định xử phạt vi phạm hành chính trong lĩnh vực giao thông đường bộ

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CIRCULAR guiding the implementation of a number of articles of Decree 146/2007/ND-CP dated 14 September 2007 regulations sanctioning administrative violations in the field of road traffic _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based Ordinance handling administrative violations in 2002; Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations;
Pursuant to Decree 146/2007/ND-CP dated 14/9/2007 regulations sanctioning administrative violations in the field of road traffic;
Pursuant resolution No. 05/2008/NQ-CP on 04/02/2008 regular Government sessions in January 2008;
Pursuant to Decree No. 142/2003/ND-CP dated 14/11/2003 regulates the functions, duties, powers and organizational structure of the Ministry of public security;
The Ministry of public security guidelines for implementing a number of articles of Decree 146/2007/ND-CP dated 14/9/2007 regulations sanctioning administrative violations in the field of road transport as follows: 1. Stripped of the right to use the driver's licence, certificate of fostering knowledge about road traffic legislation a) The Duke the right to use licence certificate, fostering knowledge about road traffic law (here written as driver's license) are only applicable to people who have violations that according to Decree 146/2007/ND-CP dated 14/9/2007 regulations sanctioning administrative violations in the field of road traffic (here written as to Decree 146/2007/ND-CP) must be deprived of the right to use the license driver has no time limit or time limit.
The time limit for removal use the driving licence is calculated from the time of custody licence. The case of a person who at the same time made many violations that this behavior has a regulation is being deprived of the right to use the driver's licence shall apply only deprived of the right to use license for the specified behavior was stripped of the right to use licence has the longest duration.
b) where people have suffered violations apply sanctions deprived of the right to use the driver's license provisions in Decree 146/2007/ND-CP, but that person has a licence to drive a lower class of vehicles are controlled or time using the rest of the driving licence of less than the time limit, the decision stripped stripped the right of use license it.
For example, if the person had a driver's license, class B1 that auto drivers downloads contains the payload design on 3500kg violate the decision still deprived of the right to use licence, class B1; If the driving license is also a 30 day time use, but the rules are being deprived of the right to use licence is 60 days, the decision still deprived of the right to use licence which is 60 days.
2. Sanction people who sit on the motorcycle, motorcycle when taking traffic there helmet but did not install the drivers helmet straps, who sat on the motorcycle, motorcycle when taking traffic there helmet but not set the helmet straps shall be deemed not to wear a helmet when participating in traffic and are sanctioned as provided defined in point g paragraph 3 article 9 of Decree 146/2007/ND-CP and item 4 of resolution No. 05/2008/NQ-CP on 04/02/2008 regular Government sessions in January 2008; in deciding sanctions must specify the behavior a helmet but not set the helmet straps.
3. Sanctions acts control the car mounted tire size is not correct; arbitrarily change the size of the trunk a Car fitting the incorrect tire) sizes are interpreted as the vehicle that has one or more incorrect size tires with tire size is noted in the table technical design parameters of vehicle manufacturer, vehicle registration, auditing book technical safety and environmental protection. People are vehicle control behavior is not the correct size tire wheel assembly must be sanctioned under the provisions of clause 2 article 19 DD points to Decree 146/2007/ND-CP;
b) change the size of the trunk is understood to change the car's height than the size design of the manufacturer, the vehicle registration, auditing book technical safety and environmental protection. People behaving arbitrarily change the size of the trunk must be sanctioned in accordance with point e clause 2 article 19 of Decree 146/2007/ND-CP cases finished trunk has renovated noted in the Windows security auditing techniques and environmental protection, but not the right size recorded in the registry , then arbitrarily change the size of the trunk which sanctioned behavior does not turn paper procedures to register the car when the car has been renovated (point e paragraph 4 to article 34 of Decree 146/2007/ND-CP).
4. Sanctions acts who control the motorcycle, motorcycle not carry vehicle registration papers, not carrying driving license (b, c paragraph 2 article 24 of Decree 146/2007/ND-CP); the driver of a car does not carry paper vehicle registration, driver's license, inspection certificate technical safety and environmental protection (point b paragraph 3 article 24 of Decree 146/2007/ND-CP) at the time of checking the driver means that the person present is the vehicle registration certificate , driver's license, inspection certificate for technical safety and environmental protection (here written as papers) but does not bring it, then resolve as follows: a) procedural sanction case simple sanctioned decision about undocumented behavior; If people violate the Executive yet to decide punishments that produce paper, then who decides to cancel the sanction decided that sanctions and the decision to sanction behavior not carrying papers.
b) procedural sanction cases has established a violation of custody and administrative exhibits, means of administrative violations, the resolution is as follows:-If the exhibits, means of administrative violations were detained, but not yet delivered to the person in charge of management that people violate produce papers then remove the minutes of administrative infringement established; at the same time, setting a record of behavior do not carry papers and return the exhibits, hold media for violators; the decision to sanction behavior not carrying papers.
-If the exhibits, means of administrative violations have been delivered to the person in charge of management and not yet a decision fining violators but produce papers, the officers handled in violation to report in writing with the competent sanctions on the violators have produce that paperwork. The profile base of administrative violations, the authority sanctioned the decision to sanction behavior not carrying papers. If the decision to sanction the new violators, which later produce papers, the authority sanction does not change the decision to sanction it.
5. Sanctions acts who controls passenger cars, cars, freight, cargo, exceeds the number of the Regulation (article 27 paragraph 3 of Decree 146/2007/ND-CP) how to calculate the number of people exceed (X) to proceed to the sanction prescribed in paragraph 3 article 27 of Decree 146/2007/ND-CP is done as follows : X = the total number of people on the vehicle when the check-in (people or seat number recorded on the vehicle registration certificate + people carry more of the kind of car that is not yet to the extent sanctioned) example: for 45 seats if carrying 49 people (so 4 people) are sanctioned; If carrying 54 people, the calculation of the number of inhabitants exceeded to conduct sanction is: X = 54 people-(45 + 4) = 5.
6. Suspension of the circulating means of administrative violations (clause 1 Article 49 of Decree 146/2007/ND-CP) a) for means of administrative violations as motorcycles, mopeds, the suspension of the circulating means of administrative violations are made in the form of custody motorcycles, motorcycle.
b) for means of administrative violations are cars, tractors, machines, then the suspension of circulating means of administrative violations are made in the form of custody register vehicle (vehicle registration), registration number plates mounted in front of the car, the shared auditing certification technical safety and environmental protection or custody means.
-Custody registry, registration number plates mounted in front of the car, the shared auditing certification technical safety and environmental protection in the following cases: + control the car runs too over the rules speed 35 km/h (art. 8 article 8 of Decree 146/2007/ND-CP).
+ Car driver, car passenger, freight that shipped over 50% to 100% or above 100% of people (passengers) were passengers of the means prescribed in paragraph 3 article 27 of Decree 146/2007/ND-CP. example: 4-seat car, if shipped from 8 to 9 who shall be considered as transported over 50% to 100% If shipped from 10 or more people are carrying over 100%; 45 car seats, if shipped from 72 to 94 people who are over 50% to 100%, if shipped from 95 persons shall be considered to be carrying on beyond 100%.
+ Control the car not registered to participate in transport business passenger customers that (art. 6 article 27 of Decree 146/2007/ND-CP).
+ To the standing, sitting, lying on the hood, the roof of the car, in the cavity containing the luggage when the car is running (point b paragraph 6 article 27 of Decree 146/2007/ND-CP).
-Custody means are applicable to cases of violation of the provisions in points a, b and c of paragraph 1 Article 49 of Decree 146/2007/ND-CP, except in the cases mentioned above.
c) those specified in article 46 Ordinance handling administrative violations in 2002 (amended and supplemented) authorized the decision to suspend the circulation of means of administrative violations (model No. 1 attached to this circular). The case of suspension of the circulating medium in the form of custody registry, registration number plates mounted in front of the car, the shared auditing certification technical safety and environmental protection the right of self-preservation means that. When setting the minutes of administrative violations must specify within 5 days from the date of suspension of the circulating medium, bringing violators suspended vehicles circulation on where preservation.
Within the suspended vehicles circulation (except the time put the media on where preserved) that individuals, organizations take that vehicle in traffic, then the driver of that vehicle sanctioned behavior does not add enough number plates prescribed in point d of paragraph 2 article 19 of Decree 146/2007/ND-CP.

d) the time limit for the suspension of circulating means are calculated from the moment of detention or custody means the vehicle registration, registration number plates mounted in front of the car, the shared auditing certification technical safety and environmental protection. The case of a person who at the same time made several violations of the administrative acts have regulations is suspended for circulating the media then just apply rules to suspend the circulation of media that has the longest duration.
For violations of that Decree 146/2007/ND-CP Decree the suspension period frames circulating medium, then the authority decides to suspend the circulation of vehicles is based on the nature and extent of the violation, the identity of the person in violation to decide the duration of suspension of the circulating medium.
7. About a sanctions procedure) procedure for sanctioning of administrative violations in the field of road traffic is made according to the provisions of the Ordinance on handling administrative violations (amended and supplemented), Articles 48 to Decree 146/2007/ND-CP and to apply the sanction forms prescribed by the Ministry of public security;
b) About the procedure of collecting the fine, filing is done according to the provisions of the Ordinance on handling administrative violations (amended and supplemented), article 47 of Decree 146/2007/ND-CP and the writing guide.
8. About authorized sanctioning administrative violations The authority sanctioning administrative violations in the field of road traffic of people's police force is regulated in article 44 of Decree 146/2007/ND-CP of may authorize his deputy level made the authority sanctioning administrative violations.
The authorization must be made in writing (form No. 2 attached to this circular) and must specify the scope, content, the proxy deadline. Deputies are authorized to sanction must take responsibility for their decisions before the Chief level, before the law and may not be delegated to any other individual.
9. The Organization made a) General Director of the Police Department is responsible for the direction, inspection, guide the implementation of this circular;
b) Director of Public Security Department, central cities are responsible for directing the police, local units of the organization taken seriously this circular; 6 month recurring, annual or irregular conduct examined the work of handling administrative violations in the field of road traffic and report the results to the Ministry (through the General Directorate of the police);
c) this circular effect after 15 days from the date the Gazette; the previous regulations of the Ministry of public security on sanctioning administrative violations in the field of road traffic contrary to this circular are repealed.
General Director of the Directorate, heads of subdivisions, Minister, Chief of police of rail-road traffic, Director of the province, central cities, Director of the Fire Department and Police Department fire Ho Chi Minh City are responsible for implementation of this circular.
In the process of implementing this circular if there are difficulties and obstacles arise, public security units, local reports on The (through the General Department of police) to take timely instructions./.