Ministry of Public Security talks about proposal to fine rescue cars pulling vehicles that are not damaged or have incidents
The Ministry of Public Security maintains the proposal to fine rescue cars pulling vehicles that are not damaged or have incidents when responding to the comments of the Ministry of Justice.
Based on the Law on Promulgation of Legal Documents and documents detailing implementation, the Ministry of Public Security organizes to collect opinions and social feedback on the draft Decree amending and supplementing a number of articles of Decree No. 168/2024/ND-CP of the Government, until the end of June 28.
Among the many opinions from ministries and sectors, there are comments from the Ministry of Justice related to traffic rescue vehicles.
According to the Ministry of Justice, the proposal to supplement Clause 3a, Article 29 of Decree No. 168/2024/ND-CP stipulates penalties for the act of "driving road rescue vehicles carrying or pulling vehicles that are not damaged or have incidents".
According to the detailed explanation of the draft Decree, this act is supplemented to be consistent with Article 54 of the Law on Road Traffic Order and Safety.
However, Clause 1, Article 54 of the Law on Road Traffic Order and Safety stipulates: "A road traffic rescue vehicle is a specialized vehicle equipped with equipment, tools, and equipment used to rescue, assist in moving or transport road traffic vehicles damaged or injured.
Thus, road traffic rescue vehicles can be used to rescue and support movement in cases (not only in cases where road vehicles are damaged or have incidents).
Therefore, it is proposed that the drafting agency study, revise or not supplement this violation in the draft Decree," the Ministry of Justice expressed its opinion.
Before the above comments, the drafting agency proposed to maintain the content as in the draft Decree because Clause 1, Article 54 of the Law on Road Traffic Order and Safety has the content: rescue vehicles have the function of rescuing damaged and injured vehicles.
According to the drafting agency, currently, in practice, many rescue vehicles do not perform their rescue functions correctly, but take advantage of it to transport and pull vehicles that do not encounter problems (for example, imported vehicles, newly manufactured vehicles...). This distorts transport activities without sanctions.
Previously, the drafting committee proposed to add clause 3a after clause 3, Article 29 when issuing the draft Decree 168 with the content, a fine of between 5,000,000 VND and 10,000,000 VND for one of the following acts:
Driving a road rescue vehicle carrying a rescued vehicle that exceeds the permitted carrying capacity of the rescue vehicle; pulling a rescued vehicle that exceeds the permitted pulling capacity of the rescue vehicle recorded in the technical safety and environmental protection inspection certificate of the vehicle;
Driving a road rescue vehicle carrying or pulling a vehicle that is not damaged or has an incident.
Clause 1, Article 54 of the Law on Road Traffic Order and Safety stipulates: Road traffic rescue vehicles are specialized cars equipped with tools and equipment used to rescue, support movement or transport damaged or incidented road traffic vehicles.
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