Article 22 of the 2008 Road Traffic Law stipulates the priority rights of certain types of vehicles as follows:
Priority rights for certain types of vehicles
1. The following vehicles have the right of way over other vehicles when crossing an intersection from any direction, in the following order:
a) The fire truck is on duty;
b) Military vehicles, police vehicles on urgent duty, convoys with police escort;
c) The ambulance is performing an emergency duty;
d) Vehicles used for dike maintenance, vehicles used for disaster relief, disease control, or vehicles used for emergency situations as prescribed by law;
d) Funeral procession.
2. Vehicles specified in points a, b, c, and d, Clause 1, of this Article, when on duty, must have the prescribed horn, flag, and lights; are not subject to speed limits; are permitted to travel in the opposite lane and on other accessible roads, even when there is a red traffic light, and only have to obey the instructions of traffic controllers.
Therefore, ambulances on emergency duty are not subject to speed limits and will not be fined for exceeding the speed limit. However, ambulances that exceed the speed limit when not on emergency duty will still be fined.
Note: When ambulances are on duty, they must use the prescribed siren, flag, and lights.
Is running a red light to give way to an ambulance punishable by law?
According to Clause 1, Article 22 of the 2008 Road Traffic Law, ambulances performing emergency duties are one of five types of vehicles entitled to priority when participating in traffic.
Clause 3 of this Article also stipulates that when a priority vehicle signals its presence on the road, road users must quickly reduce speed, move aside, or stop close to the right-hand side of the road to give way, and must not obstruct the priority vehicle.
Clause 1, Article 11 of the Law on Handling Administrative Violations of 2012 (amended and supplemented in 2020) stipulates that in cases where an administrative violation is committed in a state of necessity, it shall not be subject to administrative penalties (a state of necessity is a situation where an individual or organization, in order to avoid a real threat to the interests of the state, an organization, or their own or others' legitimate rights and interests, has no other option but to cause a smaller damage than the damage that needs to be prevented).
Furthermore, point d, clause 1, Article 3 of the Law on Handling Administrative Violations of 2012 (amended and supplemented in 2020) also stipulates that individuals and organizations subject to administrative penalties have the right to prove, either themselves or through their legal representatives, that they did not commit the administrative violation.
Therefore, based on the above regulations, in a situation where it is necessary to run a red light to give way to an ambulance, the driver who violates the rule of "failing to obey traffic light signals" will not be subject to administrative penalties.
However, the driver who violated the traffic rules or their legal representative must prove that the failure to obey the traffic light signal was due to an emergency situation to yield to an ambulance on a mission to provide emergency medical care, and that the yielding process ensured the safety of other vehicles on the road.
Minh Hoa (compiled)
Source: https://www.nguoiduatin.vn/xe-cuu-thuong-co-duoc-di-qua-toc-do-a664211.html
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