Will traffic police not greet drunk drivers?
(Baonghean.vn) - According to the draft of the new circular, traffic police officers will not be required to salute if they know in advance that the person committing the act shows signs of criminal activity, is wanted by the police, or is behaving uncivilly, or is under the influence of alcohol or other stimulants.
The Ministry of Public Security has just completed the draft Circular stipulating the duties, powers, forms, content, and procedures for patrolling, inspecting, and handling administrative violations of road traffic by traffic police, consisting of 3 chapters and 16 articles.
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| Traffic police officers in Tan Ky district are patrolling and inspecting the area. (Photo: Minh Chi) |
The draft will be open for public comments until December 2, 2019.
The draft will replace Circular 01/2016. Compared to the current regulations in Circular 01/2016, the draft includes several changes and additions.
Clause 1, Article 9 of the draft Circular stipulating the duties, powers, forms, content, and procedures for patrolling, inspecting, and handling administrative violations of road traffic by traffic police states that traffic police are only allowed to stop vehicles for inspection in the following four cases:
The first,Directly detecting or detecting and recording violations of road traffic laws through technical means and equipment;
Monday,Execute orders and plans for comprehensive vehicle inspections, and implement inspection and control plans and methods for handling violations according to specific themes as approved by competent authorities;
Tuesday,There must be a written request from the head or deputy head of the investigating agency; or a written request from relevant authorities to stop vehicles for inspection to ensure security and order, combat crime and other violations of the law. The request must specify the time, route, vehicles to be stopped for inspection and processing, and the participating forces involved in the coordination;
Wednesday,Reports, feedback, and denunciations from organizations and individuals regarding violations of traffic laws by people and vehicles.
Therefore, compared to current regulations, the implementation of a plan to organize patrols, control traffic, and handle violations to ensure traffic order and safety by the head of the highway traffic patrol and control department under the Traffic Police Department, the head of the Traffic Police Department, or the head of the district police or higher is not considered a case where traffic police are allowed to stop vehicles for inspection.
The draft also stipulates that traffic police will not greet intoxicated individuals.
According to the draft Circular replacing Circular 01/2016, after giving the signal and the vehicle to be inspected has stopped in the correct position, the assigned traffic police officer will stand in a safe position and inform the driver to take safety precautions, get out of the vehicle, and present the required documents.
When the driver gets out of the vehicle, the traffic police officer on duty must perform a salute according to the Regulations of the People's Police, except in cases where it is known in advance that the person is committing an act with signs of a crime, is caught in the act of committing a crime, is wanted, or is behaving uncivilly, using alcohol or other stimulants.
After the standard greeting, the traffic police officer greets and verbally requests inspection: "Hello sir/madam, please allow us to check your relevant documents and inspect your vehicle."
Upon receiving documents, traffic police must inform the driver and passengers of the reason for the inspection, and then proceed with the inspection as prescribed by regulations.
After completing the inspection, the traffic police officer must inform the driver and passengers of the results, the violations, the penalties, and say: "Thank you for cooperating with the traffic police to ensure traffic order and safety."
These regulations were originally only stipulated in internal documents of the police force and were not widely disseminated to the public.
In addition, Article 12,The draft Circular stipulating the duties, powers, forms, content, and procedures for patrolling, inspecting, and handling administrative violations of road traffic by traffic police clearly states that traffic police operate and use professional technical equipment and devices in accordance with the law to detect and record images of violations by people and vehicles, and organize inspections and handle violations in accordance with the law.
Drivers are responsible for cooperating with requests for inspection and control through the use of professional technical equipment by traffic police.
Through surveillance systems, speed cameras, and video recording devices, traffic police can detect violations by people and vehicles, and must immediately organize forces to stop vehicles for inspection and handling of violations.
If the offender requests to view the images and recorded evidence of the violation, they should be shown if the images and recorded evidence are available on-site; if not, the offender should be instructed to view them when they come to the unit's headquarters to have the violation processed.
If the vehicle cannot be stopped immediately, the traffic police will verify the information and send a written notice to the vehicle owner, requesting the violator to come to the police station where the violation was detected to resolve the matter. Simultaneously, they will update the information of the violating vehicle on the website of the Traffic Police Department.
