Can traffic police take out car keys when checking alcohol concentration?

Circular 65/2020 TT-BCA stipulates the powers of traffic police (CSGT) in patrolling and controlling as follows:

- Vehicles participating in road traffic (hereinafter referred to as vehicles) are allowed to stop according to the provisions of the Road Traffic Law, Circular 65/2020 TT-BCA and other relevant legal provisions...

- Apply measures to prevent and handle violations of road traffic, social order and other violations according to the provisions of law.

- Requesting agencies, organizations and individuals to coordinate and support in resolving accidents, traffic jams, traffic obstructions or other cases that cause disorder and disruption of road traffic safety.

In urgent cases to protect national security, ensure social order and safety or to prevent social damage that is occurring or is at risk of occurring, the Traffic Police on patrol and control duty may mobilize means of transport, means of communication, other means of transport of agencies, organizations, individuals and the person driving or using such means. The mobilization is carried out in the form of a direct request or in writing.

- Be equipped, installed, and use means of transport, vehicles, technical equipment, weapons, and support tools according to the provisions of law and the Ministry of Public Security .

- Temporarily suspend traffic on certain road sections, re-allocate traffic lanes, re-allocate routes and places for stopping and parking vehicles when there is a traffic jam, traffic accident or when there are other necessary requirements to ensure security, order and social safety.

- Exercise other powers of the people's public security force as prescribed by law.

Thus, within the authority of traffic police, there is no mention of removing the violator's vehicle keys.

In addition, regarding measures to prevent and ensure handling of administrative violations, Article 119 of the Law on Handling of Administrative Violations 2012 specifies 9 measures including: Temporary detention; Escorting violators; Temporary detention of exhibits, means of violation, licenses, practice certificates; Search of persons; Search of means of transport and objects; Search of places where exhibits and means of administrative violations are hidden...

In it, it can be seen that there is no mention of the traffic police having the right to take away the vehicle keys of violators. Therefore, the act of arbitrarily taking away the vehicle keys (if any) of the person performing the official duties is an inappropriate act.

However, in some cases, removing the car key can be considered a legal deterrent and is within the limits of the traffic police's right to stop and control people and vehicles. For example, if the traffic police signal to stop the car but the person violating the alcohol concentration shows a defiant attitude, intentionally increases the speed to escape or intentionally drives the car into the police force. In that case, removing the key is necessary to exercise the right to control the vehicle and prevent the violator's behavior.

Conversely, if the violator cooperates, complies with orders and does not show resistance, the action of confiscating the car keys is inappropriate.

Thus, in the situation of stopping a vehicle for an administrative check or a regular alcohol concentration test, if the traffic police arbitrarily confiscate the vehicle key, it is an inappropriate action. However, in dangerous situations, when resistance occurs or more serious violations occur, the traffic police have the right to withdraw the vehicle key to exercise control of the vehicle and prevent the violation.

Minh Hoa (t/h)

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