Fines for running red lights and yellow lights: The regulations are still the same, why do people understand them differently?

Last week, newspapers were abuzz with discussion about Decree 46/2016/ND-CP increasing the fine for “running a yellow light” to the same level as “running a red light”.

Many newspapers ran the headline “running a yellow light, fined like a red light”. This headline has made many people who do not fully understand the issue think that it is an unreasonable regulation.

According to explanatory articles, the yellow light, also known as the "yellow signal" in legal and sub-legal documents, is an intermediate signal light, a transition to signal vehicles to prepare to change from green light (go) to red light (stop).

Because this break has transitional times, it can easily cause misunderstandings and disputes between road users and traffic police. Therefore, some articles claim that Decree 46/2016/ND-CP, submitted by the Ministry of Transport for signing, has raised the fine for running a yellow light to the same level as the fine for running a red light.

Some newspapers even quoted a lawyer saying: "The nature of the fault of running a yellow light is less serious than the level of fault of running a red light, so Decree 171/2013 stipulates that the fine for running a yellow light is lower than the fine for running a red light."

In fact, Decree 171/2013 does not specify which errors are "running a yellow light" and "running a red light".

Inheriting the provisions at Point k, Clause 4, Article 1 of Decree 171/2013/ND-CP, Decree 46/2016/ND-CP also continues to regulate the act of "failing to comply with traffic light signals".

In terms of legislative techniques, the use of the phrase “failure to comply with traffic light signals” includes many other traffic light signals, such as horizontal lines, vertical lines (which Hanoi is installing at intersections on Le Van Luong Street) and other traffic light signals.

Calling it a red light violation or a yellow light violation is just a common term and not a legal term. Therefore, there will be some incorrect interpretations.

Yellow light

Speaking to Infonet reporters, Lawyer Nguyen Kieu Hung, Giai Phong Law Firm (Ho Chi Minh City Bar Association) said: "The Decree stipulates a fine of 1,200,000-2,000,000 VND for cars and 300,000-400,000 VND for motorbikes "for drivers who do not comply with traffic light signals". Some newspapers that published "running a yellow light will be fined" did not understand the true meaning of the regulation. Not all cases of running a yellow light will be fined.

Lawyer Nguyen Kieu Hung explains that, in Clause 3, Article 10 of the Road Traffic Law, it is stipulated that: “Traffic light signals have three colors, as follows: a) Green signal means go; b) Red signal means no go; c) Yellow signal means stop before the stop line, except in cases where you have already gone past the stop line, you may continue; in cases where the yellow signal is flashing, you may go but must reduce speed, pay attention, and give way to pedestrians crossing the street.”

“Thus, there are two cases where it is allowed to run a yellow light: one is when the driver has gone past the stop line and the other is when the yellow light is flashing, both are completely non-violation cases.

Therefore, there can be no fault of "running a yellow light" but only the fault of "not obeying the traffic light signal" - Lawyer Nguyen Kieu Hung emphasized.

According to Infonet.vn