How is Thanh Buoi bus company responsible for allowing a driver whose license was revoked to still drive?

On October 1, Dong Nai Province Police informed that they will expand the investigation to clarify the responsibility of Thanh Buoi car owner and others involved in the accident that killed 5 people.

According to the Investigation Agency, after causing the accident, driver Hoang Van Tinh went to the Dinh Quan District Police (Dong Nai) to present himself and confess all his actions and the cause of the traffic accident.

Tinh confessed that at the time of the accident, the driver's license was revoked by Lam Dong Provincial Police for 3 months for "speeding in a passenger car".

The investigation agency will continue to clarify the cause of the accident and will consider the responsibility of relevant agencies and organizations according to the provisions of law.

According to lawyer Dang Van Cuong, the violator in the accident in Dong Nai, in addition to criminal liability, will have to compensate for all damages caused to the victims.

On the evening of October 1, answering VTC News, lawyer Dang Van Cuong - Hanoi Bar Association, said that in principle, whoever is at fault and causes damage must compensate. However, the law also stipulates compensation for damage caused by employees, apprentices, and compensation caused by legal entities.

Therefore, in case the employee of this bus company causes an accident, the bus company must be responsible for compensation first, then ask the driver to compensate later.

According to lawyer Cuong, this is an extremely serious traffic accident. After further investigation, the authorities may prosecute the act of handing over the vehicle to an unqualified person.

"This is a very noteworthy detail in this traffic accident. In the case that the driver of this car had his driving license revoked for a period of time but continued to drive the vehicle causing the traffic accident, this is an aggravating circumstance of criminal responsibility, demonstrating the driver's disregard for the law.

At the same time, this detail will also be expanded to clarify who mobilized and assigned this person to continue doing the work," said lawyer Cuong.

In case the person assigns and hands over a car to this person to drive, knowing that this person has had his/her driving license revoked and is not qualified to drive the vehicle, the person handing over the car in this situation will be criminally prosecuted according to Article 264 of the Penal Code.

Specifically, the crimes and penalties are prescribed as follows:

Article 264. Crime of allowing an unqualified person to drive a vehicle to participate in road traffic

1. Anyone who allows a person who knows that person does not have a driver's license or is under the influence of alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed level, is using drugs or other strong stimulants or does not meet other conditions prescribed by law to drive a vehicle on the road, causing damage to another person in one of the following cases, shall be subject to a fine of from VND 10,000,000 to VND 50,000,000 or to non-custodial reform for up to 3 years:

- Causing death;

- Causing injury or damage to the health of a person with a bodily injury rate of 61% or more;

- Causing injury or damage to the health of 2 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.

2. 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 6 months to 3 years:

- Killed 2 people;

- Causing injury or damage to the health of 2 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.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 2 to 7 years:

- Killing 3 or more people;

- Causing injury or damage to the health of 3 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.

4. Offenders may also be fined from VND 10,000,000 to VND 30,000,000.

The law stipulates that cars are a source of high danger, car drivers must have a driver's license appropriate to each type of vehicle.

In case the driver has had his driving license revoked, he is prohibited from driving during the license revocation period. If a person has had his driving license revoked and still violates the law, this is an aggravating circumstance.

In this case, if someone handed over the vehicle to this driver to drive knowing that this person's driver's license was revoked, the person who handed over the vehicle will also be criminally prosecuted under Clause 3, Article 264 with a penalty of imprisonment from 2 to 7 years.

According to lawyer Cuong, this incident will be a wake-up call for ensuring traffic safety and order on many routes, especially for bus companies.

"The authorities will clarify how the recruitment and management of drivers are carried out, and will clarify the law-abiding awareness of businesses as well as drivers to consider handling them according to the law, avoiding similar incidents that may occur," said lawyer Cuong.

In addition, lawyer Cuong also informed about the level of punishment that can be applied to the driver who caused the accident that resulted in 5 deaths and 4 injuries.

According to lawyer Cuong, if the investigation results show that the bus driver did not control his speed, did not pay attention, and exceeded the speed limit, leading to an accident with particularly serious consequences, then criminal prosecution of this person is justified. With such particularly serious consequences, this person will face a possible penalty of up to 15 years in prison.

The scene of the accident that killed 5 people.

According to the lawyer, the decision on punishment will be based on the nature and severity of the violation, the personal background of the offender, and the aggravating and mitigating circumstances of criminal responsibility.

In addition to criminal liability of up to 15 years in prison, violators in this situation will have to compensate for all damages caused to the victims.

"In addition to the loss of life and health of many passengers, there is also property damage. The person who caused the accident and was at fault will have to compensate for the loss of life, health, and property of the victim. Therefore, compensation will be paid to the extent of property damage," said lawyer Cuong.

Luong Y

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