Even without a violation, you can still get fined through the system. What can you do to avoid unnecessary expenses?
Even without directly violating traffic laws, many vehicle owners are surprised to receive traffic violation notices from authorities. In this case, what should they do to protect their personal rights and avoid unnecessary fines?
Recently, many vehicle owners have been surprised to receive traffic violation notices even though they were not driving the vehicle at the time of the violation. In some cases, people have lent their cars to others, left them at repair shops, or even had their license plates used by other vehicles... even though they did not directly commit the violation, the penalty notice was still sent to the person whose name is on the vehicle registration certificate.
This situation has left many people confused, questioning whether they have to pay a fine and what they can do to protect their rights if they suspect they have been unfairly fined.
What should you do if you receive a traffic violation notice but haven't committed any?
According to lawyer Tran Thi Nhu Mai of Trong Em & Associates Law Firm (Ho Chi Minh City Bar Association), in cases where the person receiving the violation notice is not directly driving the vehicle, the vehicle owner has the right to request the police to verify the information. To clarify, the vehicle owner should contact the Traffic Police Department of the province or city where the notice was sent to request a review of the images or data of the violation recorded by the camera.
If the camera footage shows that the driver is not the vehicle owner, or if the owner has proof that they were not at fault at the time, they must provide all relevant documents, information, and evidence to prove their innocence. If there is suspicion of a forged license plate, the vehicle owner can request the authorities to verify the footage to clarify the matter.
According to Point d, Clause 1, Article 3 of the Law on Handling Administrative Violations, the competent authority responsible for imposing penalties has the responsibility to prove the administrative violation. At the same time, the individual or organization being penalized has the right to prove, either themselves or through their legal representative, that they did not commit the violation.
Therefore, when vehicle owners believe they have not committed any violations but still receive a traffic violation notice, they have the right and should proactively cooperate with authorities to verify the information. This cooperation not only helps protect individual rights but also helps identify and prosecute the right person for the right crime.
Although the current Decree 168/2024/ND-CP no longer retains the provision in Clause 8, Article 80 of Decree 100/2019/ND-CP (which required vehicle owners to appear in person to identify the violator), this does not mean that the recipient of the notification can ignore it. Without cooperation, the processing process will not be able to verify the violation clearly, leading to the violation still being updated and affecting vehicle registration or ownership transfer.
Being unfairly fined for traffic violations is a real and possible occurrence. However, current laws still allow citizens to proactively protect their legitimate rights by filing complaints, providing evidence, and requesting verification. Timely and proper coordination helps ensure fairness in administrative penalties.
