How are violations of regulations on maintenance and repair of traffic works handled?

Reply:

According to regulations, on routes under maintenance or repair, there must be signs and warning posts... If there are no signs or warning posts, leading to death or injury to others, the offender will be punished depending on the severity, as stipulated in "Crime of violating regulations on maintenance, repair and management of traffic works".

Specifically, Article 281 of the 2015 Penal Code (amended and supplemented in 2017) stipulates the crime of violating regulations on maintenance, repair and management of traffic works, as follows:

1. A person who is responsible for the maintenance, repair, or management of road, railway, waterway, or air traffic works and commits one of the following acts, resulting in death, injury, or damage to the health of another person with a bodily injury rate of 61% or more, or injury or damage to the health of two or more people with a total bodily injury rate of 61% to 121%, or property damage from VND 100,000,000 to less than VND 500,000,000, shall be sentenced to imprisonment from 06 months to 03 years:

a) Failure to implement or improper implementation of regulations on maintenance, repair and management so that traffic works do not ensure technical safety and technical standards;

b) Failure to promptly repair damaged traffic works that threaten traffic safety;

c) Failure to implement or improper implementation of traffic guidance and control measures, placement of signs, markers, and barriers to prevent accidents when traffic works have been damaged and have not been repaired or are undergoing maintenance or repair;

d) Failure to implement or improper implementation of regulations on inspection and implementation of traffic safety measures on dangerous mountain passes, roads with landslides, landslides, flooding or on roads at risk of not ensuring traffic safety;

d) Failure to take timely measures to handle and prevent accidents upon discovering or receiving reports that traffic works under one's management authority are damaged;

e) Failure to comply or improper compliance with regulations on placing protective signals when constructing or repairing traffic works;

g) Not cleaning up and disposing of defensive signs, barriers, vehicles and materials after construction is completed;

h) Violation of other regulations on maintenance, repair and management of traffic works.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:

a) Killed 02 people;

b) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 122% to 200%;

c) Causing property damage from VND 500,000,000 to under VND 1,500,000,000.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 06 years to 15 years:

a) Causing the death of 3 or more people;

b) Causing injury or damage to the health of 03 or more people, with the total body injury rate of these people being 201% or more;

c) Causing property damage of VND 1,500,000,000 or more.

4. The offender may also be fined from VND 10,000,000 to VND 50,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.

PV