‘Difficult to penalize vehicles traveling in the opposite direction because of avoiding drying rice on the road’

Drying rice to occupy the road – will going in the opposite direction be fined?

With the question How should cars go when people occupy the road to dry rice?from the perspective of the law on this behavior as follows:

According to the provisions of Decree 100/2019 on sanctioning of administrative violations in the field of road and railway traffic, a fine of between VND 3-5 million shall be imposed on drivers of vehicles traveling in the opposite direction of a one-way street. in the opposite direction on the road with the sign “Prohibit going in the opposite direction”.

Pursuant to the above regulations, it is necessary to understand that the act of going in the opposite direction includes: going in the opposite direction of a one-way street and going in the opposite direction on a road with a sign saying “No going in the opposite direction”.

However, in the video situation, the driveway is not a one-way street and there is no “No reverse” sign. Therefore, the driver is not penalized for going in the opposite direction.

On the other hand, the Law on Road Traffic stipulates that road users must go to the right in their direction, stay in the correct lane and section of the road, and must obey the road signal system. In the video, the driveway is a two-way street (the road has both directions going and returning on the same part of the road). Pursuant to this regulation, the driver must control the vehicle to go on the right side of his or her path, on the right part of the road. In this case, because of avoiding obstacles such as paddy, rice, straw, etc., driving on the wrong side of the road, you may be fined.

However, also according to Decree 100/2019, the act of drying paddy, rice, straw, agricultural products, forestry and seafood on the road will be sanctioned. Thus, the cause of the driver’s violation is from the violation of another person. There is also no legislation to deal with this situation.

Therefore, in this case, the authorities also need to consider carefully when deciding to sanction the driver to be reasonable and reasonable. Besides, to prevent traffic accident situations in this case, drivers also need to strictly comply with regulations on speed, safe distance… to be able to handle unfortunate situations. happen.

In addition, functional forces also need to propagate, inspect and strictly punish acts of drying paddy, rice, straw, agricultural products, forestry and seafood on roads to ensure traffic safety.

Lawyer Dang Thanh Chung
An Ninh Law Office, Hanoi Bar Association