Point d, Clause 1, Article 3 of the Law on Handling of Administrative Violations 2012 stipulates that traffic police shall only impose administrative penalties when there is an administrative violation as prescribed by law. The penalties must be implemented as follows:
- An administrative violation is only punished once.
- If many people commit an administrative violation, each violator will be punished for that administrative violation.
- A person who commits multiple administrative violations or commits administrative violations multiple times shall be punished for each violation, except in cases where multiple administrative violations are prescribed by the Government as an aggravating circumstance.
Traffic police control traffic participants through images and technical equipment. This is also the basis for proving the offender's fault.
Thua Thien - Hue Traffic Police are making a record of administrative violations against people violating alcohol concentration.
Accordingly, in Clause 3, Article 19 of Circular 65/2020/TT-BCA (amended by Circular 15/2022/TT-BCA) on control through professional technical means and equipment, if detecting and collecting information and images of illegal acts of people and vehicles participating in road traffic, the person with the authority to impose penalties shall:
- Organize forces to stop vehicles to control and handle violations according to the provisions of law. In case the violator requests to see information, images, and collected results about the violation, then let them see if the information, images, and results are available there; if not, then guide the violator to see the information, images, and results when they come to handle the violation at the unit's headquarters.
- In case it is not possible to stop the violating vehicle to control and handle the administrative violation, it shall be implemented according to the provisions of Article 19a of Circular 65/2020/TT-BCA.
According to the above regulations, to prove the fault of a traffic violator, the traffic police must base on images and videos from technical equipment such as speed cameras, cameras, etc. to record the violation of the traffic participant. From there, the violator is punished according to the principles of administrative sanctions.
Based on the above regulations, if the person who is asked to stop the vehicle and present documents wants to see his/her violation through images or cameras, he/she can ask the traffic police to prove it. This proof will be done through live video recording data on the spot or for easier recognition, the authorities will invite him/her to the agency to work for easy proof.
BAO HUNG
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