(PLO)- The law clearly stipulates that the car must be returned immediately, but many car drivers say their car continues to be impounded even though it has been determined that there is no fault in the traffic accident.
In traffic accidents (traffic accidents), it is natural for the driver to have his vehicle temporarily impounded and papers to examine the scene, check the vehicle, and the driver.
However, in fact, in many cases, the driver is not at fault, has been confirmed by the authorities, but the car, vehicle papers, and driver’s license are kept in custody until a party stands up to compensate.
Functional forces handle an accident in Binh Thanh district, Ho Chi Minh City. (Photos are for illustrative purposes only, not related to the content of the article). Photo: HOANG GIANG
No fault but pay to get the car back
For nearly 30 years with the steering wheel, Mr. Vu Hoang Minh Trong (a member of the Long-distance Friends group) shared: A lot of friends laugh and cry because their cars or papers are temporarily disabled for too long because they are related to traffic accidents, even though they are not at fault.
Mr. Trong said: At the end of 2021, one of his brothers stopped a truck to wait for a red light, the car was parked in the right lane, according to the regulations, a motorbike ran from the right side of the road and crashed into the car’s head, dying.
The victim was determined to have a high alcohol content, the car hit was too strong, his head hit the truck, so he did not survive. After receiving the results of the autopsy, the truck driver contacted to take the car out to continue working but could not. “The car was kept for more than three weeks, it had to contact the victim’s family, support more than 40 million VND for them to write a complaint, at this time the traffic police returned the car to it” – Mr. Trong said.
According to him, many friends are drivers who sometimes have to suck on soda to make sweets, spend money to support accident victims even though there is no fault in getting the car back.
According to the law, as soon as it is determined that the driver is not at fault and has not violated other regulations, the vehicle in custody must be returned to the owner or driver.
And Mr. Bui Van Khai (living in District 7, Ho Chi Minh City) said: In the middle of 2019, he drove a four-seat car carrying passengers from District 1 to the intersection of Nguyen Van Linh – Nguyen Thi Thap (District 7) when suddenly two Motorcycles traveling in the opposite direction collide with each other. A car crashed into his car and broke his leg. During the investigation of the scene, the traffic police determined that the motorbike driver was speeding and going in the wrong lane, so he collided with the victim’s motorbike.
“A week after the accident, there was an examination conclusion, I was determined not to be at fault, but I still could not get the car out because the two motorbikes had not yet agreed on compensation. Until nearly a month and a half, the violator had to pay the victim, only then did I get the car back, “- Mr. Khai said.
He also added: “If unfortunately fall into traffic accidents, I just hope that the traffic police force is flexible, complies with the regulations and understands the driver’s suffering to solve the car early, if forced to wait until the time of the accident. After paying compensation, many drivers have to lose their jobs”.
The Traffic Police Department should have a document
In order to put an end to the illegal vehicle impoundment as mentioned above, I think that the Traffic Police Department needs to have written reminders and instructions on the uniform application of the law in the traffic police force in the spirit of thoroughly applying the regulations. of Circular 63/2020. Absolutely do not continue to impound the vehicle if the driver is determined not to be at fault. In addition, there should be handling measures for violating individuals and agencies (disciplinary action, compensation responsibility…).
At the same time, the owner or driver should learn the provisions of the law to have solutions to protect their legitimate interests when the authorities impound the vehicle illegally such as making complaints or lawsuits. administrative case, claim…
MSc NGUYEN NHAT KHANHlecturer at Faculty of Law, University of Economics and Law (Vietnam National University, Ho Chi Minh City)
It is strictly forbidden to keep the car waiting for compensation
According to MSc Nguyen Nhat Khanh, lecturer at the Law Faculty of the University of Economics and Law (National University of Ho Chi Minh City), Article 10 of Circular 63/2020 of the Ministry of Public Security clearly states: The time limit for impounding vehicles related to traffic accidents no more than seven days from the date of custody. In complicated cases, the maximum time for impounding vehicles according to administrative procedures is 60 days.
However, if, after the completion of the vehicle inspection, it is determined that the driver of the vehicle is not at fault and has not violated other provisions of law, the vehicle must be immediately returned to the owner or the owner of the vehicle. the driver means.
In addition, it is strictly forbidden to keep vehicles of the parties involved in the traffic accident as a basis for settlement of damages.
“The compensation for damage is agreed upon by the parties or settled by the court in accordance with the civil law, so the traffic police agency cannot use the vehicle impoundment as an administrative coercive measure to serve as a basis for settlement of civil damages” – MSc Khanh said.
He also said that the cause of the car situation was still impounded even though it was determined that the driver was not at fault from many sides.
From the perspective of the agency implementing the vehicle impoundment, they may not be familiar with the provisions of Circular 63/2020, so they do not comply with the regulations, and the owner or driver does not know how to take protective measures. protect their legitimate interests in accordance with the law.
Specifically, the decision to impound a vehicle is an administrative decision, so when the person whose vehicle is impounded thinks that this decision is illegal, affecting his or her legitimate interests, he or she has the right to complain or initiate an administrative case.
If the complaint settlement results or the court’s judgment concludes that the impoundment of the vehicle is illegal, the person whose vehicle is impounded may request the agency that has impounded the vehicle to pay compensation in accordance with the Law on Compensation Liability of the vehicle owner. State 2017.
The traffic police and the driver are still afraid
Lawmakers have used the word “strictly” to affirm and emphasize the illegality of impounding a vehicle when the driver is not at fault. However, the practice of this violation still occurs in many places.
I think the legal awareness of traffic accident handlers is still limited. They are afraid that if they return the car, they will face difficulties when they need to call to work, fear the victim will sue and also have the reason to keep the car to help the injured party be more secure in compensating for damage, this is a form of negative behavior.
For this to happen, the responsibility first of all belongs to the commanders, leaders of the teams, stations, the Traffic Police Department did not thoroughly understand and correct when mistakes occurred. As for the people, they are afraid, do not know who to complain or report to, at what level.
I think that the Ministry of Public Security should summarize and draw lessons from the implementation of Circular 63/2020 and add sanctions to officers and soldiers who commit intentional violations.
In addition, violators should also reflect and exercise the right to complain, denounce or initiate administrative lawsuits against illegal administrative acts.
Lawyer NGUYEN DINH HAIVice Chairman of Committee on Legal Development and Legal Aid, Vietnam Bar Federation.
——————-Measures should be taken to deal with people who “soak the car” illegally
The law clearly stipulates the impoundment of vehicles related to traffic accidents, but in many cases, it has been determined that the driver is not at fault, the authorities still keep the car or wait until a complaint is filed; When the party at fault has completed the compensation, the driver/car owner will take the car out. This is a way to understand and apply the law mechanically, not in accordance with the spirit of the law.
Authorities need to clarify the spirit of Article 10 of Circular 63/2020 of the Ministry of Public Security, create a flexible handling mechanism to maximize the interests of the people. It is necessary to have inspection and supervision, if it is found that the situation is irresponsible, forcing people into unreasonable agreements, or using many reasons to “soak the car”, violating the law, then there must be handling measures. manage cadres according to regulations on anti-corruption and negative.
Lawyer NGUYEN VIETNAM, Ho Chi Minh City Bar Association
The police locked the offending car instead of taking it to the impoundment
(PLO)- Police of Nha Trang city, Khanh Hoa province lock the wheels for cars that violate parking regulations on many roads of the city.