Things Traffic Police Shouldn’t Do When Stopping Pedestrians

Traffic policeYou are not allowed to arbitrarily stop the vehicle of passersby

Traffic police, when performing patrolling and controlling tasks, are only allowed to stop pedestrians in the following 4 cases:

Directly detect or through professional means and equipment detect and record traffic violations and other law violations.

Implement orders, plan for general control of the direction, plan for patrol, control and handle violations according to the approved thematic.

There is a written request of the head or deputy head of the investigating agency; written request of the competent authority on stopping the vehicle to ensure security and order, fight against crime and other illegal acts.

Information, reflections, recommendations and denunciations of organizations and individuals about illegal acts of people and vehicles participating in traffic.

In addition to the cases mentioned above, traffic police are not allowed to arbitrarily ask road users to stop their vehicles.

Do not take out the car keys of the violators

The powers of the Traffic Police in patrolling and controlling traffic are as follows:

Vehicles are stopped.

To apply measures to prevent and handle violations of traffic, social order and other law violations.

In which, the measures to prevent administrative acts are specified in Article 119 of the Law on Handling of Administrative Violations, including: Temporary detention of people; escorting; temporarily seize material evidences, means, permits and practice certificates; human examination; search for means and objects; search the hiding places of material evidences and means; manage foreigners who commit violations during the deportation procedures;…

Temporarily suspending travel in some road sections, redistributing channels, routes and places to stop and park vehicles when traffic jams or accidents occur…

Compared with the above regulations, it can be seen that the withdrawal of car keys of road users is not within the jurisdiction of the traffic police force.

Do not arbitrarily search people and vehicles

When stopping a vehicle to control the observance of traffic regulations, the traffic police may check the following contents:

Check documents related to people and vehicles.

Check the vehicle’s traffic conditions: shape, exterior dimensions, paint color, license plate and sides of the vehicle, technical safety conditions and environmental protection.

Controlling the observance of regulations on road transport activities.

Accordingly, the traffic police have the right to ask the vehicle driver to present documents and check the conditions of the vehicle’s form but is not allowed to arbitrarily search people and vehicles.

Because the search for people and vehicles is only allowed when there are grounds.

Do not receive money from violators

Decree 19/2020/ND-CP prohibits the following acts:

Abusing positions and powers to harass, demand, receive money and property of violators; tolerating, covering and restricting the rights of administrative violators when handling administrative violations.

Accordingly, when asking traffic participants to stop their vehicles to sanction violations, traffic police must not take advantage of their positions to harass, demand or receive money from people.

If violating this regulation is discovered, the traffic police officer who has received money from the traffic violator may be subject to the highest disciplinary action, which is forced resignation.

Not only that, traffic police who receive money from violators may also be prosecuted for the crime of accepting bribes under Article 354 of the Penal Code. The minimum penalty for this crime is from 2 to 7 years in prison.

The only case where the traffic police can collect money from violators is when imposing a warning or a fine of up to 250,000 VND for individuals, 500,000 VND for organizations, and the person with sanctioning competence must issue a decision to sanction the violation. administration in place.