Both parents and students will be punished for letting underage children drive motorbikes?

May I ask if letting a child who is not old enough to drive a motorbike will both the parent and the student be punished? - Reader Minh Quan

Để con chưa đủ tuổi lái xe máy, cả phụ huynh và học sinh đều bị xử phạt?

The number of students driving motorbikes with a capacity of over 50 ^cm3 is increasing. (Source: LDO)

Driving age

The age of the driver is regulated as follows:

- People aged 16 years or older are allowed to drive motorbikes with a cylinder capacity of less than 50 ^cm3 ;

- People aged 18 years or older are allowed to drive two-wheeled motorbikes, three-wheeled motorbikes with a cylinder capacity of 50 ^cm3 or more and vehicles with similar structures; trucks, tractors with a load capacity of less than 3,500 kg; passenger cars with up to 9 seats;

- People aged 21 years or older are allowed to drive trucks and tractors with a load capacity of 3,500 kg or more; drive class B2 vehicles pulling trailers (FB2);

- People aged 24 years or older are allowed to drive passenger cars with 10 to 30 seats; drive class C vehicles pulling trailers and semi-trailers (FC);

- People aged 27 years or older are allowed to drive passenger cars with more than 30 seats; drive class D vehicles pulling trailers (FD);

- The maximum age for drivers of passenger cars with more than 30 seats is 50 years old for women and 55 years old for men.

Drivers must have health appropriate to the type and function of the vehicle. The Minister of Health shall preside over and coordinate with the Minister of Transport to prescribe health standards for drivers, periodic health examinations for car drivers, and regulations on medical facilities for health examinations of drivers .

(Article 60 of the 2008 Road Traffic Law)

2. Both parents and students will be punished for letting their underage children drive motorbikes.

2.1 Penalties for driving a motorbike while underage

According to regulations, people who are not old enough to drive a motorbike will be punished as follows:

- Warning penalty for people from 14 years old to under 16 years old driving motorbikes, motorbikes (including electric motorbikes) and vehicles similar to motorbikes or driving cars, tractors and vehicles similar to cars.

- Fine from 400,000 VND to 600,000 VND for people from 16 years old to under 18 years old driving motorbikes with cylinder capacity from 50 ^cm3 or more;

(Clause 1, Point a, Clause 4, Article 21 of Decree 100/2019/ND-CP (amended and supplemented in Decree 123/2021/ND-CP)

2.2 Punish parents who give vehicles to children who are not old enough to drive

Pursuant to Point d, Clause 5, Article 30 of Decree 100/2019/ND-CP, a fine of VND 800,000 to VND 2,000,000 shall be imposed on individuals and VND 1,600,000 to VND 4,000,000 shall be imposed on organizations that are owners of motorbikes, mopeds and similar vehicles that hand over or allow unqualified persons as prescribed in Section 1 above to drive the vehicle on the road (including cases where the driver has a driver's license but it has expired or is being revoked).

Thus, if parents give their children under driving age a car, they can be fined from 800,000 to 2,000,000 VND.

3. Criminal prosecution of the act of giving a vehicle to a minor to drive and causing an accident

Article 264 of the 2015 Penal Code (amended and supplemented in 2017) stipulates that anyone who hands over a vehicle to a person knowing that person does not have a driver's license or does not meet other conditions as prescribed by law to drive a vehicle on the road, causing damage to another person, shall be punished as follows:

- Fine from 10,000,000 VND to 50,000,000 VND or non-custodial reform for up to 03 years if the person causing the accident commits one of the following violations:

+ Killing;

+ Causing injury or damage to the health of 01 person with a body injury rate of 61% or more;

+ Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 61% to 121%;

+ Causing property damage from 100,000,000 VND to under 500,000,000 VND.

- Committing a crime in one of the following cases shall be subject to a fine of from VND 50,000,000 to VND 200,000,000 or imprisonment from 06 months to 03 years:

+ Killed 02 people;

+ Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 122% to 200%;

+ Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

- Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:

+ Causing the death of 3 or more people;

+ Causing injury or damage to the health of 03 or more people, with the total body injury rate of these people being 201% or more;

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

- In addition, the offender may also be fined from 10,000,000 VND to 30,000,000 VND.

Thus, giving a vehicle to a minor to drive and causing an accident, depending on the nature and severity of the crime, the person giving the vehicle can be criminally prosecuted with a maximum penalty of up to 7 years in prison.

Source