If a motorbike is given to an underage child to drive, will the owner be fined?
Many parents, for various reasons, are willing to hand over their motorbikes to their children for school or play. However, this action is abetting a series of violations in which the person handing over the motorbikes is also implicated.
On the streets today, it is not difficult to see images of middle and high school students driving different types of motorbikes, many of which have engines over 50cc. These students even drive without helmets, are ready to drive in threes or fours, weave in and out of traffic,... making many people "annoyed".
In fact, the 2008 Road Traffic Law has very clear regulations, which prohibit people under 18 years of age from driving 2-wheeled motorbikes or 3-wheeled motorbikes with a cylinder capacity of 50cc or more.
Article 60 of the Road Traffic Law clearly stipulates the age and health of drivers, stating: "People aged 16 years or older are allowed to drive motorbikes with a cylinder capacity of less than 50 cm3; People aged 18 years or older are allowed to drive 2-wheeled motorbikes and 3-wheeled motorbikes with a cylinder capacity of 50 cm3and above and vehicles of similar construction".
However, because the violators are minors under 18 years old, the penalty according to Decree 100/2019/ND-CP on administrative sanctions in the field of road and railway traffic (amended and supplemented by Decree 123/2021/ND-CP) is quite lenient.
Specifically, according to Article 21 of Decree 100, people aged 14-16 who drive motorbikes will only be given a warning; people aged 16 to under 18 who drive motorbikes with an engine capacity of 50 cc or more will be fined from 400,000 to 600,000 VND. The person with the authority to impose the fine is allowed to temporarily detain the vehicle for up to 7 days before issuing a decision on the fine according to the provisions of Article 82 of Decree 100.
However, for parents of students or those who hand over motorbikes to underage drivers is also a violation of the law.
Specifically, Clause 5, Article 30 of Decree 100 stipulates penalties for vehicle owners who violate regulations related to road traffic as follows: Fines from 800,000 VND to 2 million VND for individuals, from 1.6-4 million VND for organizations that are owners of motorbikes, motorbikes and similar vehicles that hand over the vehicle or allow it to a person who does not meet the conditions as prescribed (including cases where the driver has a driver's license but it has expired or is being revoked).
In case of underage people driving motorbikes over 50 cm3If an accident occurs, the delivery person may be prosecuted and may face imprisonment depending on the extent of the damage.
Many opinions say that the authorities need to patrol, control, promptly detect and strictly handle violations against underage students who drive vehicles, causing danger on the road.
At the same time, with this age group prone to "impulsiveness", in addition to the involvement of schools, functional forces and the whole society, the education, setting an example and close management of parents towards their children are extremely important. Only give them age-appropriate means of transport, and at the same time, regularly remind your children to absolutely comply with the Road Traffic Law.
