Bỏ xe 'cà tàng', xe vi phạm lỗi nồng độ cồn, bị phạt như thế nào?

Báo Thanh Niên

28 Jan 202404:03

Summary

TLDRIn Ho Chi Minh City, a peculiar sight emerges on many streets with motorcycles lacking essential features like lights, mirrors, and speedometers, yet heavily utilized for transporting goods. Despite facing fines exceeding their value, owners readily abandon these 'makeshift' bikes, a choice spurred by penalties surpassing the motorcycles' worth. This scenario highlights a broader issue of traffic law enforcement, where violators, including those caught with alcohol levels above the legal limit, prefer to forfeit their vehicles rather than pay steep fines. The practice reflects on the economic decisions made by individuals under the pressure of regulatory penalties, leading to a discussion on the effectiveness and implications of such enforcement strategies in urban traffic management.

Takeaways

🚗 In Ho Chi Minh City, it's common to encounter motorcycles lacking basic equipment like lights, mirrors, and speedometers, yet they are widely used for transporting goods.
🚲 Many owners of these bare-bones motorcycles are willing to abandon them when faced with fines because the penalties often exceed the value of the vehicles.
🧸 Despite not meeting the required standards for roadworthiness, these motorcycles are still utilized by their owners for specialized tasks.
💸 The cost of fines for various violations can surpass the purchase price of these motorcycles, leading owners to forfeit them instead of paying.
🔴 Some individuals, when fined for alcohol-related offenses, have even offered to give up their motorcycles on the spot.
🛡️ Traffic police in Ho Chi Minh City, including Deputy Head Phạm Hà, highlight that penalties for alcohol violations can be higher than the vehicle's value, including additional sanctions like driver's license suspension.
💰 Legal experts, including lawyer Nguyễn Văn Hậu, argue that abandoning vehicles to avoid fines is a misconception. Non-compliance with penalties still results in legal consequences.
🛠️ According to administrative violation laws, failure to pay fines on time can lead to additional charges, wage garnishment, account debits, or asset seizure for auction.
📦 The law also states that individuals who do not comply with traffic penalty decisions cannot register their vehicles until they have fulfilled their obligations.
📝 Repeated violations can lead to increased penalties, underscoring the government's stance on enhancing traffic safety and legal compliance.

Q & A

What types of vehicles are commonly seen violating traffic laws in Ho Chi Minh City?
-Motorbikes without lights, mirrors or speedometers are commonly seen violating traffic laws in Ho Chi Minh City.
Why do violators abandon their vehicles when fined?
-The fine amounts often exceed the value of the vehicles, so violators find it cheaper to abandon them.
What is the typical cost of the abandoned vehicles?
-The transcript mentions a common cost is around 1 million VND (approximately $43 USD) for these vehicles.
What happens if violators do not pay their traffic fines?
-They will continue accruing additional fees for late payment. Their assets may also be seized and auctioned to pay the fines.
Can violators avoid fines by abandoning vehicles?
-No, the fines are still applicable. Abandoning vehicles just delays payment.
What other punishments do traffic violators face?
-They may have their driver's licenses revoked. Their bank accounts can be frozen or wages garnished to pay fines.
Can violators register new vehicles if they have unpaid fines?
-No, unpaid traffic fines must be resolved before new vehicle registrations are allowed.
What happens if violators continue reoffending?
-Repeated offenses lead to increased penalties, unless specifically exempted by law.
Does abandoning vehicles avoid asset seizure?
-No, authorities can still seize other assets to pay outstanding fines if vehicles are abandoned.
What legal recourse exists for unpaid traffic fines?
-Authorities can garnish wages, freeze bank accounts, or auction seized assets per Vietnamese administrative law.

Outlines

00:00

🏍️ Unconventional Motorbikes in Ho Chi Minh City

In Ho Chi Minh City, it's common to encounter motorbikes lacking basic features such as lights, mirrors, and meters, yet these vehicles are widely used for transporting goods. Due to their modified condition, these bikes often do not meet the legal standards for road use. Owners of such bikes face high fines for traffic violations, sometimes exceeding the vehicle's value, leading many to abandon their bikes when penalized. Fines for violations, especially for drunk driving, are steep, prompting some violators to offer their bikes to authorities instead of paying. Legal experts highlight that avoiding fines by abandoning vehicles does not exempt violators from penalties, as the law includes provisions for additional fines for late payment and enforcement measures to collect fines, emphasizing the misjudgment in abandoning vehicles to escape fines.

Mindmap

Keywords

💡Modified Motorcycles

Modified motorcycles, often referred to in the transcript as 'xe cà tàng', denote bikes that have been altered or stripped down, lacking standard safety features like lights, mirrors, and speedometers. These vehicles are central to the video's theme as they illustrate a common practice in Ho Chi Minh City, where they are used primarily for goods transportation despite not meeting legal safety standards. The script mentions these bikes being used despite their condition, highlighting issues around safety and legal compliance in urban transport.

💡Penalty Costs

Penalty costs refer to the financial fines imposed for traffic violations, which, as mentioned in the script, can exceed the value of the modified motorcycles themselves. This concept is crucial to understanding the dilemma faced by the owners of such bikes when caught by the authorities. Faced with fines higher than the motorcycles' worth, owners often choose to abandon their vehicles, illustrating the economic calculations and consequences of traffic violations in the city.

💡Traffic Violations

Traffic violations in the context of the video include driving without necessary safety equipment on motorcycles and driving under the influence of alcohol. These are highlighted as common offenses among the users of modified motorcycles and tricycles in Ho Chi Minh City. The script underscores the legal and safety implications of such behaviors, reflecting on the broader challenges of ensuring road safety and compliance with traffic laws.

💡Vehicle Confiscation

Vehicle confiscation is a legal measure mentioned in the script, applied to penalize individuals who commit severe traffic violations, including driving vehicles that fail to meet safety regulations or DUI (driving under the influence). The video discusses how the threat of vehicle confiscation, alongside high penalty costs, leads some individuals to preemptively abandon their vehicles, indicating the severity of enforcement measures and their impact on individuals' decisions.

💡Economic Value of Vehicles

The economic value of vehicles, particularly the low-cost modified motorcycles mentioned in the script, plays a significant role in the narrative. With some bikes being valued at just one million Vietnamese Dong, the video highlights the economic considerations that influence individuals' decisions to use such vehicles for transport and their willingness to abandon them when faced with legal penalties. This concept underscores the intersection of economic necessity and legal compliance in urban transport dynamics.

💡Legal Compliance

Legal compliance in the video pertains to the adherence to traffic laws and regulations, including those governing vehicle safety and driver sobriety. The script discusses the challenges of enforcing compliance among users of modified motorcycles and tricycles, particularly in the context of high penalty costs and the threat of vehicle confiscation. The concept is critical to understanding the tension between regulatory enforcement and the practices of individuals relying on such vehicles for livelihood.

💡Administrative Penalties

Administrative penalties refer to the legal sanctions imposed for violations of public administration laws, including traffic regulations. The video script explains how these penalties, particularly fines and the potential for additional punishments like license revocation, impact individuals caught violating traffic laws. It highlights the administrative framework within which traffic violations are managed and the consequences for non-compliance.

💡Asset Seizure

Asset seizure is mentioned as a legal recourse for enforcing penalty payments, where the authorities can confiscate property equivalent in value to unpaid fines. This measure is discussed in the context of its potential application to individuals who fail to pay penalties for traffic violations, illustrating the legal mechanisms available to ensure compliance and the serious implications for individuals' assets.

💡Vehicle Registration

Vehicle registration is addressed in the video as a regulatory requirement affected by compliance with traffic penalties. The script mentions that individuals who do not comply with administrative penalties for traffic violations may face restrictions on registering vehicles. This connection between legal compliance and the ability to legally operate vehicles in the city underscores the broader regulatory environment governing vehicle use and safety.

💡Misconception of Avoidance

The misconception of avoidance refers to the mistaken belief, as highlighted by a legal expert in the video, that abandoning a vehicle and avoiding penalty payment can absolve individuals from their legal obligations. The script clarifies that penalties remain enforceable even if the vehicle is abandoned, emphasizing the legal misconceptions surrounding traffic violations and their consequences. This concept is critical for understanding the legal education gap and the need for public awareness on traffic law enforcement.

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