'Checking the signs' about vehicle weight after driver sues Vinh City police
Regarding the case of driver Phan Dinh Anh suing Vinh City Police (Nghe An) for administrative penalties in the field of road traffic related to vehicle “weight”. Let’s analyze more clearly the information of the sign.
To understand this issue we need to look at the relevant regulations.license plate 106bissued with Circular 17/2012/TT-BGTVT of the Ministry of Transport.
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Prohibition sign on Le Loi street, Vinh city (Internet source) |
Accordingly, if the sign specifies the payload _ vehicle weight plus cargo (the ton figure is written in white on the vehicle drawing), then only cars with a total weight (vehicle weight plus cargo) exceeding the number specified on the sign must be placedlicense plate 106b.
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| License plate 106b |
Example 1: When meeting4 ton vehicle prohibition signIf a vehicle weighing 3.4 tons and the cargo bed is allowed to carry 4 tons (the vehicle's payload is 7.4 tons) enters this road, the vehicle is in violation (even if the vehicle is not carrying any goods).
Thus, in the case of driver Phan Dinh Anh's truck weighing 3.4 tons, the truck bed is allowed to carry nearly 4 tons (load capacity of nearly 7.4 tons) entering a road with a sign prohibiting 4-ton trucks is a violation of road traffic laws (the police's fine is correct).
Example 2:In case the vehicle weighs 1.5 tons and the cargo bed is allowed to carry 2 tons (the vehicle's payload is 3.5 tons) but carries up to 6 tons of goods, the vehicle is still allowed to enter.Road with sign prohibiting vehicles with a load capacity of 4 tons, but in this case the vehicle will be fined for overloading.
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| Traffic signs |
And the license plate content115.
To indicate a road prohibiting all types of vehicles (motorized and non-motorized), including priority vehicles according to regulations, with a total weight (vehicle and cargo) exceeding the value indicated on the sign, sign number 115 "Vehicle weight restriction" must be placed. |
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| Plate number 115 |
Example 3:If the vehicle weighs 5 tons and the cargo bed is allowed to carry 10 tons (the vehicle's payload is 15 tons)plate number 115(weight over 10 tons prohibited) then:
- If the vehicle is not carrying goods or is carrying goods (the totalactual weightVehicles and goods weighing 10 tons or less are allowed to pass.
- If the vehicle is carrying goods (which totalactual weightVehicles weighing over 10 tons are not allowed to pass.
» Truck driver's lawsuit against Vinh City Police dismissed
According to Thanh Huu/thuvienphapluat
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