Danger
from foreign drivers
Most foreign tourists who rent a
motorcycle do not have a driver's license under the provisions of
A motorbike rental
shop on
A year ago, at the annual consular consultation meeting
between
In August 2013, the Vietnam National Administration of
Tourism issued a dispatch on management of motorcycle rental services for
Russian and foreign tourists. Accordingly, motorcycle rental shops are not
allowed to rent vehicles to foreigners if they fail to present a valid
driving license in accordance with
In
Fines, deportation for violators
In fact, foreigners are rarely stopped for checks by
traffic police officers unless they break traffic rules or cause traffic
accidents because of the language barrier. In many cases, foreigners caused
traffic accidents but they were only fined or expelled.
Lawyer Nguyen Thi Thu Thuy from the HCM City Bar
Association said there were several reasons for this situation: firstly,
because of nature of the offense, this is not an intentional crime with the
consequences that it causes; secondly, many foreigners are willing to pay
adequate compensations so the victims' families withdraw their complaints.
However, under the guidance of the Supreme People's
Court, if an accident is completely caused by the driver who has had alcohol,
the violator will not be put on probation but must be sentenced to
imprisonment, whether they are Vietnamese or foreigners.
In another perspective, lawyer Nguyen Thanh Cong, a
member of the Ho Chi Minh City Bar Association, said that the liability of
the driver of the vehicle needs to be determined. This is a kind of special
legal relationship as cars and motorcycles are considered to be "a
source of extreme danger" and are a special type of property. Therefore,
the lessor must determine whether the tenant is eligible or not.
Specifically, the vehicle rent must have a driving license under the provisions
of
If the lessor does not comply with this regulation,
when accidents occur, depending on the accidents, they will be
administratively sanctioned or examined for penal liability for
"Mobilizing or assigning road means of transport to those who are
ineligible to control road transport vehicles", according to Article 205
of the 1999 Criminal Code, with the highest imprisonment sentence up to 12
years, said lawyer Cong.
On January 30, 2013, the Ho Chi Minh
City People's Court sentenced Li Zhong Jun, a Chinese national with a fine of
VND30 million ($1,500), for a deadly accident in Cu Chi District.
On September 27, 2012, the Ho Chi Minh City People's
Court fined a Norwegian national VND30 million. The man, Lars Bjornar
Hanssen, had been drinking alcohol before he collided with a woman who was
standing on the sidewalk in District 5. The accident killed the woman.
On January 19, 2011, the Ho Chi Minh City People's
Court decided to deport Makhov Vladimir (Russian nationality) for causing the
death of a vendor in Mui Ne (Binh Thuan province) in a traffic accident.
In the latest case, an American man died and two local
people were injured in an accident at the intersection of
The American man, Fluery Otavio Augusto Formigoni, 24,
was driving a high-capacity motorbike on
Due to the collision, the foreigner lost control of his
bike and crashed into the wall of a nearby house. He was thrown two meters
and died on the spot. The local man, Tran Hoang Giao, 27, from the southern
The foreign man was driving at high speed when the
collision occurred, witnesses said.
NLD
|
Thứ Năm, 25 tháng 9, 2014
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