Do you need a driving test to drive a motorcycle under 50cc?

During a recent National Assembly discussion, Representative Ly Thi Lan, Deputy Head of the Ha Giang National Assembly Delegation, proposed that the Government issue regulations on the training, examination, and use of motorcycles with a displacement of less than 50cc (50 cubic centimeters). This is not the first time the issue of managing drivers of motorcycles under 50cc through examinations has been raised. The first draft of the revised Road Traffic Law in July 2020 included a regulation requiring drivers of electric motorcycles and motorcycles under 50cc to take an examination to obtain a Class A0 driver's license. However, after widespread public consultation, the regulation requiring drivers of motorcycles under 50cc to have a driver's license received many conflicting opinions, and the drafting agency removed it in subsequent drafts. The draft Law on Road Traffic Order and Safety (chaired by the Ministry of Public Security - including the field of driver's license testing, replacing the previous draft Law on Road Traffic) currently being submitted to the 15th National Assembly for comments at its 6th session also does not include provisions for issuing driver's licenses or testing drivers of motorcycles under 50cc.

Many electric motorcycles and electric bicycles are modified or customized.

The 2008 Road Traffic Law stipulates that individuals aged 16 and above are permitted to drive motorcycles under 50cc without a driving test; individuals aged 18 and above are permitted to drive two-wheeled and three-wheeled motorcycles of 50cc or more and similar types of vehicles. However, lawyer Nguyen Van Hau, Chairman of the Vietnam Lawyers' Commercial Arbitration Center, asserts that the current practical context has changed significantly compared to 2020, requiring stricter control over these road users.

Students riding motorbikes under 50cc without helmets on Le Duc Tho Street (Go Vap District, Ho Chi Minh City)

According to Mr. Hau, current regulations allow high school students aged 16-18 to independently participate in traffic using bicycles, electric bicycles, motorbikes with a capacity of less than 50cc, or electric motorbikes. However, many families equip their children with electric motorbikes to go to school when they are only 14-15 years old. At junior high schools, it is easy to see students still wearing red scarves but already riding electric bicycles or electric motorbikes to school every day. Meanwhile, small-displacement vehicles under 50cc and electric vehicles are increasingly diverse in design, compact, but still have relatively high speeds, capable of reaching 20 km/h, 30 km/h, or even 50 km/h - equivalent to the speed of adults driving larger displacement vehicles, especially in densely populated urban areas like Hanoi and Ho Chi Minh City.

Not to mention that many students even modify their vehicles to make them more powerful and faster. Significantly, according to Mr. Hau, students lack sufficient knowledge and skills in traffic safety, leading to numerous accidents. Statistics from several independent studies show that 80-90% of serious traffic accidents involving children occur in the group who drive themselves. "On the road, we see more and more students driving with very poor skills. While in the past they would just avoid wearing helmets, now they are much more reckless. They turn whenever they want, without looking left or right, without knowing how to cross the road properly, without knowing which lanes are allowed and which are not, or which roads are prohibited… it's very dangerous. Meanwhile, they don't have their own designated lanes; they share the road with tens of thousands of large and small vehicles. Sometimes, seeing students in school uniforms driving aimlessly ahead, even cutting in front of cars and large motorcycles, makes me angry and worried, and I'm afraid to let my own child drive on the road," lawyer Hau cited as an example.

He also argued that students, being at an age where their awareness is not yet "mature," are very "reckless," and like to show off. Therefore, if they lack basic knowledge and are not strictly supervised, the risks and consequences will be very significant. Thus, requiring drivers of vehicles under 50cc to have a driver's license is essential.

Lawyer Nguyen Van Hau suggested: After the policy is established, the management agency will develop a reasonable learning method and curriculum. Courses don't need to be excessively long or have overly demanding programs. Nor should it burden instructors who lack expertise in driving instruction. A model could be implemented where testing centers collaborate with schools to organize shorter courses with lighter content than the A1 driving license exam. The focus should primarily be on disseminating traffic laws and basic situational handling skills.

Most importantly, students need to grasp the basic theoretical and practical aspects of traffic safety in urban and residential areas. At the same time, the age at which high school students can independently participate in traffic using bicycles, electric bicycles, motorcycles under 50cc, or electric motorcycles should be lowered from the current age of over 16 to 15. The age of adulthood in Vietnam has changed. Both physically and mentally, students at 15 years old are already capable of operating these types of vehicles. Furthermore, the 15-year-old age requirement would also align with the age at which individuals are legally permitted to become employees under labor law.

Do I need to change my driver's license category when I turn 18?

Agreeing with the proposal to require driving tests for vehicles under 50cc, Dr. Tran Huu Minh, Chief of the Office of the National Traffic Safety Committee, cited recent studies in Hanoi and Ho Chi Minh City showing that 90% of serious traffic accidents involving children involve those who ride their own vehicles to school. Therefore, according to him, the proposal that 16-18 year olds driving electric motorcycles with a power output of less than 4 KW or motorbikes with a capacity of less than 50 cc must have a driver's license is very correct.

Currently, schools are integrating traffic safety education into their main curriculum, but students are only introduced to the theory. Meanwhile, many European countries require users of electric vehicles and motorcycles under 50cc to attend classes on traffic laws and basic skills; after completing the course, there will be an exam to issue a certificate or driver's license.

Students riding electric motorbikes and motorbikes under 50cc on Le Duc Tho Street (Go Vap District, Ho Chi Minh City)

In 2020, when soliciting opinions on the draft amendment to the Road Traffic Law, the Vietnam Road Administration (Ministry of Transport) explained that the provision for a Class A0 driver's license in the draft law was to comply with the regulations of the Vienna Convention, to which Vietnam is a signatory. It also met the practical requirement that drivers must have knowledge of road traffic rules and good driving skills to ensure their own safety and the safety of other road users. According to statistics from the National Traffic Safety Committee, 90% of traffic accidents in recent years involving high school students (16-18 years old) occurred. Meanwhile, approximately 52% of students commute to school by electric bicycle or motorbike without a driver's license.

One question that arises is what type of driver's license would be used for vehicles under 50cc? And in the case that someone turns 18, would they need to take a test to exchange their license for vehicles over 50cc? According to Mr. Tran Huu Minh, if this regulation is added, the drafting agency needs to conduct more thorough research on related issues.

"It's not necessary and could be costly."

While agreeing with the view that students should be fully equipped with the knowledge and skills to operate vehicles under 50cc, Mr. Nguyen Ngoc Tuong, former Deputy Head of the Ho Chi Minh City Traffic Safety Committee, believes that it is not yet necessary to require them to take a driving test because, in principle, anyone who wants to drive must learn the law, understand the regulations, and have the necessary skills.

Currently, the curriculum of primary and secondary schools incorporates traffic safety education, providing students with basic driving skills such as driving on the right, in the correct lane, and wearing a helmet... so that they have awareness, understanding, and a basic knowledge of traffic laws. According to him, for vehicles under 50cc and electric bicycles, which do not reach high speeds and do not pose as high a risk of accidents as large-displacement motorcycles, the foundational knowledge taught in school, combined with close education from the family, is sufficient.

Furthermore, citizens aged 18 and over who want to drive vehicles over 50cc must take a driving test for an A1 license. Organizing another test for those aged 16-18 would be costly in terms of time, effort, money, and social expenses. Moreover, if learners lack responsibility, it could lead to negative consequences such as buying licenses, having someone else take the test or attend classes on their behalf...

"Therefore, instead of requiring students to take driving tests, it's more important to change the perception of parents. Parents must clearly understand that giving vehicles to their children when they are underage, lack basic knowledge, don't understand the law, and don't have sufficient skills is risky and dangerous for their children. From there, families will be more conscious of strengthening guidance and education, working together with schools to disseminate laws and guide their children to participate in traffic safely," said Mr. Nguyen Ngoc Tuong.

Mr. Nguyen Van Quyen, Chairman of the Vietnam Automobile Transport Association, also believes that schools have integrated traffic safety education, providing basic driving skills to students (driving on the right, in the correct lane, wearing a helmet, etc.), so combining this with guidance and instruction from families would be "better than forcing students to go to driving training centers and participate in driving tests."

Basic training courses on operating vehicles under 50cc will certainly add to the cost for families. However, don't assume that parents should be the ones to decide for them; they will naturally make their own considerations and be more cautious before entrusting their children with a vehicle: they must be of sufficient age, have the financial means, and possess the necessary knowledge and skills to independently participate in traffic. This not only ensures the safety of the country's future generations and the millions of people who travel on the roads daily, but also helps to reduce the use of private vehicles. Thailand allows students aged 15-16 to take driving tests, and now lawmakers are struggling to deal with the consequences as the streets become severely congested and transformed into giant parking lots. Therefore, training methods should be tailored to different age groups and vehicle types. Traffic safety is a very serious issue for the entire nation. If not strictly enforced, the consequences will be enormous.

Lawyer Nguyen Van Hau

Driving underage will result in the following penalties:

- A warning penalty will be issued to individuals aged 14 to under 16 who operate motorcycles, mopeds (including electric motorcycles) and similar vehicles, or who operate cars, tractors and similar vehicles (Clause 1, Article 21, Decree No. 46/2016).

- The act of handing over a vehicle or allowing an unqualified person to drive it on public roads will be subject to a fine of 800,000 to 1,000,000 VND, as stipulated in point d, clause 4, Article 30 of Decree 46/2016.

Should the age for riding a motorbike be lowered to 13-14 years old?

During the discussion in the National Assembly on the draft Law on Road Traffic Order and Safety yesterday afternoon, November 24th, Representative Thai Thi An Chung (from Nghe An province) argued against lowering the age for driving motorcycles to 13-14 years old. According to Representative Chung, motorcycles are defined as a type of motorized vehicle and a "high-risk source" under the law. Therefore, physical fitness is only one aspect of driving a motorcycle; the most important factor is awareness and compliance with traffic laws.

"If the age limit for motorcycle drivers is lowered to 13-14, which is the age of junior high school students, then these students do not yet have the necessary awareness and understanding of traffic safety, posing a potential risk of traffic accidents," Ms. Chung stated. In reality, according to current law and the draft law, only those 16 years of age and older are allowed to drive electric motorcycles (Clause 1, Article 60 of the Road Traffic Law: those 16 years of age and older are allowed to drive motorcycles with a cylinder capacity under 50cc). However, according to her, many parents "still mistakenly believe that students entering high school can all use motorcycles."

The Road Traffic Law stipulates the age requirements for driving vehicles under 50cc:

- Individuals aged 16 and above are permitted to operate motorcycles with an engine capacity under 50 cc without a license, provided they have vehicle registration and civil liability insurance.

- For motorcycles of 50cc or more, and for cars, tractors, trucks with a load capacity of less than 3,500 kg, and cars with 9 seats, the driver must be 18 years of age or older.

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