Circular 65/2020 TT-BCA regulates the powers of traffic police (traffic police) in patrol and control as follows:
– To stop vehicles participating in road traffic (hereinafter referred to as vehicles) according to the provisions of the Road Traffic Law, Circular 65/2020 TT-BCA and other relevant laws. mandarin…
– To apply measures to prevent and handle violations of road traffic, social order and other violations according to the provisions of law.
– Request agencies, organizations and individuals to coordinate and support the resolution of accidents, congestion, traffic obstructions or other cases that cause disorder and road traffic safety.
In urgent cases to protect national security, ensure social order and safety or to prevent damage to society that is occurring or is at risk of occurring, the Traffic Police are on patrol duty. Investigate and control the mobilization of means of transport, means of communication and other means of agencies, organizations, individuals and the people who are controlling and using those means. Mobilization is carried out in the form of direct or written requests.
– Be equipped, installed, and use means of transport, vehicles, professional technical equipment, weapons, and support tools according to the provisions of law and the Ministry of Public Security.
– Temporary suspension of travel on certain road sections, redistribution of traffic, redistribution of routes and temporary stopping and parking of vehicles when there are traffic jams, traffic accidents or when required Other necessary needs to ensure security, order and social safety.
– Exercise other powers of the People's Public Security force according to the provisions of law.
Thus, within the authority of the Traffic Police, there is no mention of revoking the violator's car keys.
In addition, regarding measures to prevent and ensure the handling of administrative violations, Article 119 of the Law on Handling of Administrative Violations 2012 specifies 9 measures including: Detaining people; Escorting violators; Temporarily seize evidence, means of violation, licenses and practice certificates; Body examination; Examination of means of transport and objects; Searching places where evidence and means of administrative violations are hidden...
In it, it can be seen that there is no mention that traffic police have the right to remove the vehicle keys from violators. Therefore, arbitrarily removing the car key (if any) from a person on duty is inappropriate behavior.
However, in some cases, removing the car key can be considered a legal deterrent and is within the limits of the traffic police's right to stop and control people and vehicles. For example, if the traffic police signal to stop the vehicle but the alcohol violator shows a defiant attitude, intentionally accelerates to escape or intentionally crashes the vehicle into the authorities. At that time, removing the key is necessary to exercise control over the vehicle and prevent the violator's actions.
On the contrary, if the violator cooperates, complies with the orders and does not show any opposition, the action of confiscating the car keys is inappropriate.
Thus, in a situation where a vehicle is stopped for an administrative check or a normal alcohol level test, if the traffic police arbitrarily confiscates the vehicle key, it is an inappropriate action. However, in dangerous situations, resistance or more serious violations, traffic police have the right to remove the vehicle key to exercise control over the vehicle and prevent violations.
Minh Hoa (th)
