Common situations, the risk of breaking the criminal law

On the morning of May 27 in Hanoi, a Mercedes Maybach crashed into a series of motorbikes in the basement of the 6th Element apartment building (Xuan La ward). Tay Ho district police said that the owner of a Mercedes S560 Maybach car gave the car to a security guard to drive into the parking position when the incident happened.

Handing over a large asset such as a car to an unqualified person (underage or without a driver’s license) is a seemingly rare occurrence, but is actually quite common.

The most common situation today is the situation of handing over car keys to employees or car wash shop owners, or security guards at restaurants and hotels so that they can park their cars even though they don’t know they are eligible. control the vehicle or not. This is a violation of the law and carries the risk of being severely punished if causing serious consequences.

According to the provisions of Articles 58 and 60 of the Road Traffic Law 2008, drivers of vehicles participating in traffic must satisfy the conditions of age, health and have a driving license suitable for the type of vehicle they are allowed to drive. control.

Meanwhile, Clause 10, Article 8 of the Law on Road Traffic 2008 prohibits the act of “delivering motor vehicles and special-use motorbikes to people who are not qualified to operate vehicles participating in road traffic”.

If the car is handed over or let an underage person drive the vehicle, the vehicle owner may be fined from VND 4,000,000 to VND 6,000,000 if it is an individual or from VND 8,000,000 to VND 12,000. .000 if it is an organization, according to the provisions of Article 30 of Decree 100/2019/ND-CP on sanctioning vehicle owners who violate regulations related to road traffic.

In case there are grounds to determine that the vehicle owner knows a person who is not yet eligible for traffic (without a driver’s license or is in a state of alcohol or beer use with an alcohol content in his blood or breath). exceed the prescribed level; do not satisfy other conditions) but still lend and the damage occurs to a serious extent in the cases specified in Article 264 of the Penal Code on the crime of handing over the driver to an ineligible person. Vehicles participating in road traffic can be imprisoned for up to 7 years.

The liability to compensate people and property for damage caused by violations of the traffic law shall comply with the provisions of the Civil Code. The driver who violates the traffic law causing the accident must be responsible for compensating the accident victim and damaged property. The level of compensation shall be agreed upon by the parties, in accordance with the actual extent of damage.

In case driving a car causes an accident in the basement of an apartment building, according to the provisions of Article 39 of the Law on Road Traffic 2008, the road network is divided into 6 systems, including: national highways, provincial roads, and district roads. , communal roads, urban roads and special-use roads. Thus, the building’s parking basement is not part of the road traffic network and the accident occurring in the apartment parking basement is not part of the group of acts related to the subjects regulated by the Road Traffic Law.

However, even if it does not happen on the road, but if an accident occurs that causes injury to others and serious damage to the vehicle, depending on the violation and the severity of the consequences, it may be handled. Penalties or compensation for damage shall be carried out in accordance with the civil law. The investigation and settlement of the case falls under the jurisdiction of the district-level police station where the accident occurred.