The Ministry of Public Security has issued Circular No. 32/2023/TT-BCA stipulating the tasks, powers, forms, contents and procedures for patrolling, controlling and handling administrative violations of road traffic by traffic police.
This Circular takes effect from September 15 and replaces Circular 65/2020/TT-BCA.
4 cases where traffic police patrolling are allowed to stop vehicles for inspection
According to Circular 32/2023/TT-BCA, from September 15, 2023, traffic police patrolling will be allowed to stop vehicles for inspection in 4 cases.
Firstly, directly detect or through professional technical equipment detect and collect violations of road traffic laws and other violations of law.
Second, implement orders and plans for general vehicle control to ensure road traffic order and safety and social order; plans for patrolling, controlling and handling violations according to the topic of ensuring road traffic order and safety and social order issued by competent authorities.
Third, there is a written request from the head or deputy head of the investigation agency; a written request from a relevant competent authority to stop a vehicle for inspection to serve the work of ensuring security and order; fighting and preventing crimes; preventing and combating natural disasters, fires and explosions; preventing and combating epidemics; rescuing and other violations of the law.
The request document must specifically state the time, route, means of transport stopped for control, handling, and participating forces.
Fourth, there are reports, reflections, recommendations, and denunciations from organizations and individuals about violations of the law by people and vehicles participating in road traffic.
Stopping and controlling vehicles must ensure the following requirements: Safety, compliance with legal regulations, and no obstruction to traffic activities; Once a vehicle has been stopped, it must be controlled and violations (if any) handled according to regulations.
When stopping or checking at a point on a traffic route, at the Traffic Police Station, the requirements specified in Clause 2 of this Article and the following requirements must be met: Place barriers with conical markers or ropes stretched along the roadway on the road section, lane close to the curb or sidewalk to form an area to ensure traffic order and safety according to the regulations of the Ministry of Public Security on implementing democracy in ensuring traffic order and safety. Based on the actual situation and characteristics of the traffic route, deploy the appropriate length of the barrier to ensure safety; the area to ensure traffic order and safety must comply with the provisions of the law on road traffic and other relevant laws; have enough space to arrange and install professional technical equipment and means, control and handle violations; Based on the actual situation in the controlled area and the subject of control, traffic police officers can be arranged to guide and regulate traffic and ensure traffic safety.
What is the traffic police signal to stop?
According to Article 17 of Circular 32/2023/TT-BCA, the command to stop a vehicle is specified as follows:
Traffic Police's command to stop a vehicle is carried out through one of the following signals or a combination of the following signals: Traffic baton, horn, loudspeaker, priority signal of patrolling and controlling vehicles; Other signals as prescribed by law, including: Traffic signs, markers, barriers.
Command to stop a vehicle when checking at a point on the road, at the Traffic Police Station:
Traffic police officers choose a suitable position, stand at attention, face the vehicle to be controlled, signal the vehicle to stop at a safe distance; hold the traffic baton in their right hand and point at the vehicle to be controlled, at the same time blow the whistle firmly, instructing the driver of the vehicle to be controlled to stop at a suitable, safe position for control.
When receiving a signal, the driver must reduce speed and stop the vehicle in the position instructed by the Traffic Police.
Command to stop a vehicle while sitting in a patrol vehicle or mobile control vehicle:
In case the patrolling and controlling vehicle is traveling in the same direction and in front of the vehicle that needs to be controlled, the traffic police officer holds the traffic baton horizontally to the right or left side of the patrolling and controlling vehicle (depending on the road section and lane where the vehicle that needs to be controlled is traveling), then lifts it vertically, perpendicular to the ground; uses the horn, loudspeaker, and priority signal of the patrolling and controlling vehicle to guide the driver of the vehicle that needs to be controlled to stop at a suitable and safe location for control.
When receiving a signal, the driver must reduce speed and stop the vehicle in the position instructed by the Traffic Police officer.
In case the patrol and control vehicle is traveling in the same direction and behind the vehicle that needs to be controlled, the Traffic Police officer shall use a loudspeaker to broadcast the priority signal of the patrol and control vehicle; instruct the driver of the vehicle that needs to be controlled to stop at a suitable and safe location for control. If necessary, if safety is ensured, the patrol and control vehicle may pass in front of the vehicle that needs to be controlled and carry out the command to stop the vehicle according to the provisions of Point a of this Clause.
When receiving a signal, the driver must reduce speed and stop the vehicle in the position instructed by the Traffic Police officer.
Road traffic patrol content
According to the provisions of Clause 1, Article 12 of Circular 32/2023/TT-BCA, the content of road traffic patrol includes:
Observe and grasp the situation of traffic order and safety on road routes; prevent violations, traffic accidents, traffic jams; maintain order and safety on roads.
Detect, prevent and handle violations of road traffic laws and other violations of laws as prescribed.
Ensure order, traffic safety, security and order on road traffic routes.
Help and support people and vehicles participating in road traffic when necessary.
Perform other tasks assigned by competent authorities according to regulations.
Road traffic control content
According to the provisions of Clause 2, Article 12 of Circular 32/2023/TT-BCA, the content of road traffic control includes:
Control documents related to people and vehicles, including:
Driving license; Certificate of training in road traffic law, License, Certificate of driving specialized motorbikes; Vehicle registration certificate or certified copy of Vehicle registration certificate with original Receipt from a valid credit institution (during the period the credit institution holds the original Vehicle registration certificate); Inspection certificate, technical safety and environmental protection inspection stamp, Certificate of validity of Inspection certificate and Inspection stamp (for types of vehicles that are required to be inspected); Certificate of compulsory civil liability insurance of motor vehicle owners and other necessary related documents as prescribed (hereinafter referred to as documents). When the databases are connected to the electronic identification and authentication system, and information on the status of the documents is determined, control through checking and comparing information of those documents in the electronic identification account is as valid as directly checking the documents;
Controlling traffic conditions of vehicles: Conducting control in order from front to back, from left to right, from outside to inside, from top to bottom, including the following contents: Shape, external size, paint color, license plates on the front, back and both sides of the vehicle; technical safety and environmental protection conditions of road motor vehicles and specialized motorbikes according to regulations;
Control compliance with regulations of law on road transport safety: Control the legality of goods, types, weight, quantity, specifications, dimensions; objects; actual number of people carried compared to the permitted number of people and measures to ensure safety in road transport.
Control other relevant content as prescribed by law.
Wisdom
Source
Comment (0)