Will I be fined for avoiding toll booths?

Báo Quốc Tế•25/08/2023

I would like to ask, according to the law, is a driver who evades toll collection subject to a penalty? - Reader Quang Vinh

What is a toll station?

According to the regulations in Circular 45/2021/TT-BGTVT, a road toll station (hereinafter referred to as a toll station) is a place where fees for the use of roads are collected from vehicles participating in road traffic.

Criteria for establishing road toll stations:

- Must be placed within the scope of the project (not applicable to the fee collection method stipulated in point a, clause 1, Article 9 of Circular 45/2021/TT-BGTVT).

- It must be approved by the competent authority in the Feasibility Study Report of the investment project or in the Road Infrastructure Asset Exploitation Plan.

- Implement electronic toll collection without stopping and utilize advanced and modern toll collection technology; any other method must be authorized by the competent authority.

- In the case of toll stations used to recoup investment for public-private partnership projects, the investment efficiency of the project must be ensured.

- Publicly announce the location of the toll station through central and local mass media; and at the People's Committees of the district and commune where the toll station is located, from the date of approval by the competent authority as stipulated in point a of this clause.

Principles of road toll station operation: Road toll station operations must be public and transparent; ensuring the safety and security of users' personal information, and only providing information with the user's consent or at the request of competent state agencies as prescribed by law.

Will I be fined for avoiding toll booths?

Based on the provisions of Article 15 of Decree 100/2019/ND-CP, supplemented by Clause 8, Article 2 of Decree 123/2021/ND-CP, drivers and vehicle owners who evade or fail to pay road usage fees when their vehicles pass through toll stations will be fined from 4 million VND to 6 million VND.

What is the fine for entering a toll lane without a toll tag?

Clause 4, Article 5 of Decree 100/2019/ND-CP, as amended and supplemented by Article 2 of Decree 123/2021/ND-CP, stipulates a fine of VND 2 million to VND 3 million for drivers who commit one of the following violations:

- Using a mobile phone with your hands while driving on the road;

- Entering a restricted area or a road with a sign prohibiting entry for the type of vehicle being driven, except for violations specified in point c, clause 5, point a, clause 8 of this Article, and cases where priority vehicles are on urgent duty as prescribed;

- Driving a vehicle that does not meet the requirements for electronic toll collection (vehicles without a terminal tag or with a terminal tag but insufficient funds in the toll account to cover the cost when passing through the electronic toll lane) into the dedicated electronic toll lane at toll stations;

- Stopping or parking a vehicle in the following locations: On the left side of a one-way street or on the left side (in the direction of traffic) of a two-way street; on a curved section of road or near the top of a slope where visibility is obstructed; on a bridge, under a bridge, or parallel to another vehicle that is stopped or parked, except for violations of the regulations specified in point d, clause 7, Article 5 of Decree 100/2019/NĐ-CP (amended 2021);

- Stopping, parking, or making U-turns in violation of regulations, causing traffic congestion;

- Vehicles not entitled to priority are not allowed to install or use signal transmitting devices intended for vehicles with priority rights;

- Failure to take the required safety measures when a vehicle breaks down at a level crossing where a road intersects with a railway;

- Failing to yield to vehicles requesting to overtake when it is safe to do so;

- Reversing or turning around in a road tunnel; stopping, parking, or overtaking in a road tunnel in areas other than those designated.

Therefore, drivers who are not eligible for electronic toll collection (vehicles without a terminal tag or with a terminal tag but insufficient funds in their toll account to pay when passing through the electronic toll lane) and enter the dedicated electronic toll lane at toll stations will be fined from 2 million VND to 3 million VND (average 2.5 million VND).

In addition, drivers who violate the regulations will have their driver's licenses suspended for 1 to 3 months; in cases of causing traffic accidents, the suspension will be for 2 to 4 months.

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