Research on regulations on deducting driving license points

The Ministry of Public Security proposed new regulations on points and deductions from driving licenses in the draft Law on Road Traffic Order and Safety.

Another opinion suggests that only absolute prohibition of alcohol concentration should be imposed on drivers of cars, tractors, and specialized motorbikes and a threshold should be imposed on drivers of motorbikes and mopeds as in the 2008 Road Traffic Law.

Delegates also discussed adding regulations on points and deductions from driving licenses to raise drivers' awareness, saying that this is necessary in the context of the growing development of the digital economy , digital society, and science and technology.

According to the Government 's report, each year, the authorities temporarily revoke more than 500,000 driving licenses, leading to drivers not being allowed to operate vehicles, thereby affecting people's travel, production, business activities, and daily life; the revocation of driving licenses is being done manually, many violators abandon their driving licenses and do not come to collect them, many driving licenses are left at the sanctioning agency, leading to waste, increased costs, and management resources, but still unable to manage the process of drivers complying with the law.

According to the draft law, drivers who violate laws on road traffic order and safety will have their driving license points deducted, and within 12 months of not having points deducted, the full 12 points will be restored, provided that the driving license still has points.

In case all points are deducted, the driver must take a relevant legal knowledge test (not a driving license test) and if the result is satisfactory, the full 12 points will be restored. In case the driving license has not been deducted all points, the driver can continue to drive the vehicle on the road.

Some opinions say that the regulation on points and deductions from driving licenses is a state management measure, not a form of administrative sanction. However, to ensure consistency with the provisions of the law on handling administrative violations, it is necessary to add the regulation on deduction of driving license points as an additional sanction and amend the regulation on additional sanction in the Law on Handling Administrative Violations.

Therefore, the drafting agency can study the application of fines for drivers who violate regulations on alcohol concentration and only impose additional penalties such as deducting points without revoking the driver's license in cases where the alcohol concentration violation threshold is not serious or less serious (those who violate repeatedly within a certain period of time or commit serious violations... will have their driver's license revoked according to regulations).

Driver's licenses have not been deducted all points, people are still allowed to drive and participate in traffic, without affecting production, business activities and people's lives, while still meeting practical requirements, applying digital transformation in ensuring order and traffic safety in the current situation.

The regulation of deducting points for violating alcohol concentration regulations without revoking driving licenses can be considered the most optimal solution today, basically overcoming the limitations of current regulations and having many advantages.

This is a civilized and modern state management measure to manage the entire process of law enforcement by drivers instead of managing each individual behavior; instead of applying the additional administrative penalty of revoking the driver's license as at present, switching to applying the regulation of deducting points from the driver's license and requiring those who have all points deducted to retake the knowledge test before restoring the points is a more humane measure, both strictly managing those who are granted a driver's license and creating conditions for these people to have the opportunity to drive vehicles and be more aware of complying with the law on order and safety of road traffic.

The above work also helps the authorities manage drivers who violate the law throughout the process of complying with the law until re-offending, thereby affecting behavior, raising awareness of traffic participants, helping the management agency to comprehensively monitor the driver's compliance process after the violation.

According to Nhan Dan Newspaper

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