Question: I know that, in some cases, the traffic police have the right to stop vehicles from participating in traffic. But I don’t know specifically in which cases the traffic police can stop the vehicle. When stopping means of transport, it is necessary to meet or ensure any requirements to protect the interests of road users? Please advise me!
The Law Department - ACDC advice:
Under Article 16 of Circular 65/2020/TT-BCA stipulating duties, powers, forms, contents, and procedures for patrolling, controlling and handling administrative violations on road traffic by the traffic police regulations stop traffic vehicles for control, according to which:
* Traffic police carrying out patrol and control tasks according to the plan may stop traffic for control in the following cases:
- Directly detect or through professional technical means and equipment detect and record violations of the law on road traffic and other violations of the law;
- Implement orders and plans on general control of road vehicles, plans on patrol, control and handling of violations according to thematics approved by competent authorities;
- Has a written request from the head or deputy head of the investigating agency; A written request from the relevant functional agency on stopping the means of traffic for control in service of ensuring security and order, combating crime and other illegal acts. The written request must specify the time, route and means of traffic to stop for control, handling, and forces participating in coordination;
- Report, reflect, recommendations and denunciation of organizations and individuals about illegal acts of people and vehicles participating in road traffic.
* The stopping and controlling of traffic means must satisfy the following requirements:
Requirement 1: Ensure safety, follow the law, and not obstruct traffic activities. When the vehicle has stopped, it must control and handle violations (if any) in accordance with law;
Requirement 2: When stopping and controlling at one point, at the Traffic Police Station, requirements (1) and the following requirements must be met:
- Set up barricades with cone-shaped stakes or stretch ropes along the road in the road section, lane close to the curb or sidewalk to form an area to ensure traffic order and safety under the regulations of the Ministry of Industry and Trade. on the implementation of democracy in the work of ensuring traffic order and safety. The minimum length of the barrier section is 100m for expressways, 50m for national highways, and 30m for provincial roads, district roads, urban roads, communal roads and special-use roads;
- The area for ensuring traffic order and safety shall comply with the provisions of the laws on road traffic and other relevant laws; sufficient area for the placement, installation of technical vehicles, control and handling of vehicles in violation;
- Arrange the Traffic Police to guide, regulate traffic, and ensure traffic safety. In the case of highway control, sign No. 245a "Slow" or sign No. 245b (for external routes) shall be placed in front of the Traffic Police Unit in the direction of the traffic to be controlled in accordance with the law of road signalling;
Requirement 3: When stopping and controlling traffic on highways, the requirements (1), (2) and the following requirements shall be ensured:
- When controlling at a point, only stopping means of traffic to control and handle violations at the following locations: Tollgate area, starting and ending points of highways;
- When patrolling, manoeuvre control is only allowed to stop vehicles entering the emergency vehicle stop lane to control and handle violations in the following cases:
+ Detecting serious violations of traffic order and safety, the risk of causing immediate traffic insecurity; coordinating the fight against crime;
+ Reporting and denouncing illegal acts of people and vehicles travelling on highways;
+ Detecting traffic stopping or parking improperly on highways.
When the case is solved, it is necessary to clean up the stakes, tension lines, and signs and move immediately.
Thus, the stopping of vehicles participating in traffic by the Traffic Police is done in accordance with the above regulations.
