Can traffic participants who violate the law and have their temporary driver's license confiscated or their right to use a temporary driver's license revoked be allowed to continue driving the vehicle on the road? How much is the fine for keeping your license but still driving? How long is the driver's license suspension period? Let's explore these regulations through the following article!
1 Revocation of Driver's License Can I Drive?
According to Article 25 of the Law on Handling of Administrative Violations 2012, the form of temporary revocation of the right to use a driver's license is applied to individuals and organizations that violate regulations on road traffic safety causing serious consequences.
During the period of temporary revocation of the right to use a driver's license, individuals and organizations are not allowed to drive vehicles in traffic. If you still intentionally violate, driving while your license is revoked will be punished with the error of not having a driver's license.
2 How Much Is The Penalty If I Still Drive Without A License?
According to the provisions of Article 21 of Decree 100/2019/ND-CP (amended by Clause 11, Article 2 of Decree 123/2021/ND-CP), when participating in traffic without a driver's license, the penalties will be as follows: after:
- Drivers of two-wheeled motorbikes with a cylinder capacity of less than 2 cm175 and equivalent vehicles must pay a fine of about 3 VND - 1.000.000 VND.
- Drivers of two-wheeled motorbikes with a cylinder capacity greater than 2 cm175 and equivalent vehicles must pay a fine of about 3 VND - 4.000.000 VND.
- Drivers of cars, rickshaws and similar vehicles must pay a fine of about 10.000.000 VND - 12.000.000 VND.
3 Can You Drive If Your Driver's License Is Suspended?
If traffic participants have their driver's license temporarily suspended, they are still allowed to drive during the appointment time stated in the ticket. Specifically, according to Clause 6, Article 125 of the Law on Handling of Administrative Violations 2012, the competent person is allowed to temporarily seize documents (driver's license, vehicle circulation license or other necessary documents) related to the vehicle and exhibits in the case of only imposing a fine to prevent individuals/groups from authority to execute the penalty decision.
If the individual/organization does not have documents, the competent person has the right to confiscate the relevant vehicle or evidence.
Thus, if a vehicle driver violates the law and is only fined and does not have his driver's license temporarily revoked, the police still have the right to temporarily seize the license. The purpose is for traffic participants to pay fines according to the law.
After paying the fine, the violator will have their license returned, meaning that during this time they can still drive the vehicle in traffic. When a police officer asks to present documents, traffic participants need to present a ticket to replace their driver's license.
In case the fine payment deadline is overdue but the traffic participant still does not comply with the fine payment, the fine record is no longer legally valid. At this time, the vehicle driver is still punished as usual for not having a driving license.
4 How Long Does a Driver's License Suspension Last?
At Clause 8, Article 125 of the Law on Handling of Administrative Violations 2012 Regulations on driver's license suspension period are as follows:
In case of confiscation of driver's license to execute an administrative penalty decision: Temporarily confiscate the driver's license for no more than 7 days from the time of confiscation of the driver's license; In case it is necessary to transfer the case to a competent unit for handling, it must not be detained for more than 10 days from the time of detention.
However, the driver's license suspension period may be longer in the following cases:
- In case of confiscation of driver's license for verification and explanation: Individuals and organizations in violation need to explain and verify relevant information, the driver's license suspension period must not exceed 30 days.
- In case the driver's license is confiscated for investigation: Violating individuals and organizations must explain and verify complex and serious incidents. It takes a lot of time to collect evidence and check the authenticity of the evidence. In this case, the document is temporarily detained. Driving license not more than 60 days.
- The driver's license suspension period is calculated from the time the driver's license is actually confiscated.
- Do not temporarily suspend a driver's license beyond the time limit for issuing an administrative penalty decision according to Article 66 of the Law Law on Handling of Administrative Violations.
- The driver's license suspension period ends when the vehicle owner completes the administrative penalty, applicable to cases where the driver's license is temporarily detained to enforce the administrative penalty decision.
- To extend the driver's license suspension period, the competent person must make a decision to temporarily suspend the driver's license.
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Hopefully the latest information on traffic regulations when your driver's license is held by the traffic police will be useful to you. See more article topics surrounding regulations related to driving licenses on our website!