WHICH TRAFFIC OFFENSES WILL LEAD TO MOTORBIKE CONFISCATION?

Pursuant to Clause 11, Article 7 of Decree 168/2024/ND-CP on administrative sanctions for violations of traffic order and safety in the field of road traffic; deduction of points, restoration of driving license points, drivers of motorbikes, mopeds, and similar vehicles to motorbikes who commit the following violations will have their vehicles confiscated:

11. Vehicle confiscation for drivers who commit one of the following violations:

a) Letting go of both hands while driving; using feet to control the vehicle; sitting on one side to control the vehicle; lying on the saddle to control the vehicle; changing drivers while the vehicle is running; turning around to control the vehicle or blindfolding the vehicle;

b) Driving a two-wheeled vehicle on one wheel, or a three-wheeled vehicle on two wheels;

c) Repeating the act of driving a vehicle in a zigzag or swerving manner as prescribed in Point a, Clause 9 of this Article.”

In addition, at Point c, Clause 12, Article 7 of Decree 168/2024/ND-CP, in addition to having the vehicle confiscated, the motorbike driver who commits the above-mentioned errors will also have his/her driving license revoked for 22 to 24 months.

At the same time, Clause 3, Article 25 of the Law on Handling of Administrative Violations 2012 (amended and supplemented in 2020) stipulates the temporary revocation of the right to use a license or practice certificate or temporary suspension of operation as follows:

Article 25. Temporary revocation of the right to use a license or practice certificate or temporary suspension of operation

3. The period of revocation of the right to use a license or practice certificate or temporary suspension of operation as prescribed in Clauses 1 and 2 of this Article is from 01 month to 24 months from the effective date of the decision on sanction. The person with the authority to impose a sanction shall keep the license or practice certificate during the period of revocation of the right to use the license or practice certificate.

The period of revocation of the right to use a license or practice certificate or temporary suspension of operation for a specific administrative violation is the average of the time frame of revocation or suspension prescribed for that violation; If there are mitigating circumstances, the term of deprivation or suspension may be reduced but must not be lower than the minimum term of deprivation or suspension; if there are aggravating circumstances, the term of deprivation or suspension may be increased but must not exceed the maximum term of deprivation or suspension.”