Traffic violation handling process through surveillance cameras

Can you tell me how the process of handling traffic violations through surveillance cameras is carried out? - Reader Van Anh

1. Regulations on detecting traffic violations through monitoring systems

According to Article 19 of Circular 32/2023/TT-BCA, regulations on detecting administrative violations through professional technical means and equipment are as follows: - Traffic police officers use professional technical means and equipment to detect and collect violations of the law by people and vehicles participating in road traffic. Drivers of vehicles participating in traffic are responsible for cooperating with requests for inspection and control through professional technical means and equipment of traffic police officers. - Results collected by professional technical means and equipment are photos, images, printed forms, measurement indexes, data stored in the memory of professional technical means and equipment; are counted, listed, printed into photos or records of violations and kept in the administrative violation case file according to the provisions of law and the Ministry of Public Security on file work. - When technical equipment and vehicles detect and collect information and images of violations of the law by people and vehicles participating in road traffic, the competent person shall do the following: + Organize forces to stop the vehicle to control and handle violations according to regulations. In case the violator requests to see the information, images and results collected about the violation, the Traffic Police Team shall show them at the control point; if there is no information, images or results at the control point, the violator shall be instructed to see them when he/she comes to handle the violation at the unit's headquarters; + In case the violating vehicle cannot be stopped to control and handle the violation, the provisions in section 2 shall apply.

2. Procedure for handling traffic violations through surveillance cameras

According to Article 28 of Circular 32/2023/TT-BCA, the procedure for processing results collected through the Monitoring System is as follows: Step 1: Detecting traffic violations Traffic police officers use professional technical equipment and means to detect and collect violations of the law by people and vehicles participating in road traffic as prescribed in Section 1 above. Step 2: Checking, analyzing, and identifying traffic violations Within 10 days from the date of detecting the violation, the competent person of the police agency where the administrative violation is detected shall perform the following: - Identify information about the vehicle, vehicle owner, organization, and individual related to the administrative violation through the vehicle registration agency, the National Population Database, and other relevant agencies and organizations; - In case the vehicle owner, organization or individual involved in the administrative violation does not reside or has its headquarters in the district where the police agency discovered the administrative violation, if it is determined that the administrative violation falls under the sanctioning authority of the Chief of the Commune, Ward or Town Police, the results collected by means and technical equipment shall be transferred to the Commune, Ward or Town Police where the vehicle owner, organization or individual involved in the administrative violation resides or has its headquarters (according to form No. 03 issued with Circular 32/2023/TT-BCA) to resolve and handle the violation (when equipped with a network system that can be sent electronically). - In case the administrative violation is not under the sanctioning authority of the Chief of the Commune, Ward or Town Police or is under the sanctioning authority of the Chief of the Commune, Ward or Town Police but the Commune, Ward or Town Police has not been equipped with a network connection system, the results collected by means and technical equipment shall be transferred to the District-level Police where the vehicle owner, organization or individual related to the administrative violation resides or has its headquarters (according to Form No. 03 issued with Circular 32/2023/TT-BCA) to resolve and handle the violation; Step 3: Notify the violating vehicle driver Send a notice (according to form No. 02 issued with Circular 32/2023/TT-BCA) requesting the vehicle owner, organization, or individual involved in the administrative violation to go to the police headquarters where the administrative violation was detected or to the police headquarters of the commune, ward, town, or district where the residence or headquarters is located to resolve the administrative violation if traveling is difficult and there are no conditions to go directly to the police headquarters where the administrative violation was detected as prescribed in Clause 2, Article 15 of Decree 135/2021/ND-CP. The sending of the violation notice is done in paper or electronically (when meeting the conditions on infrastructure, technology, and information). Step 4: Coordinate with vehicle owners to resolve violations When vehicle owners, organizations, and individuals involved in administrative violations come to the police agency to resolve the violation, the person with the authority to handle administrative violations of the police agency where the violation is detected or the Chief of the Commune, Ward, and Town Police, or the Chief of the District Police will handle and handle the violation as follows: - Make a record of the administrative violation within 03 working days from the date of identifying the violating organization or individual; - Issue a decision to handle the administrative violation and organize the implementation of the decision to handle the violation according to the provisions of law. Step 5: Update the handling results and close the file (i) In case the violation is handled by the Commune, Ward, and Town Police, or the District Police, the results of the handling and handling of the case must be immediately notified (on the Administrative Violation Handling Database System) to the police agency where the violation is detected. At the same time, update the resolved and handled status of the case on the Traffic Police Department's website and immediately send a notice of termination of the warning of the violating vehicle to the Registration agency, remove the status of having sent a warning notice to the Registration agency on the Administrative Violation Handling Database System (if there is already a warning information from the Police agency where the violation is detected for the case specified in Clause (iii) . (ii) In case the violation is resolved and handled by the Police agency where the violation is detected, it is necessary to immediately notify (on the Administrative Violation Handling Database System) the results of the case resolution to the Commune, Ward, Town Police or District-level Police that received the results collected by professional technical means and equipment. At the same time, update the resolved status and handle the case on the Traffic Police Department's website and immediately send a notice of termination of the warning of the violating vehicle to the Registration agency, remove the status of having sent a warning notice to the Registration agency on the Administrative Violation Handling Database System for the case specified in Clause (iii) . (iii) After 20 days from the date of sending the notice of violation, the vehicle owner, organization or individual related to the administrative violation does not come to the headquarters of the police agency where the violation was discovered to resolve the case or the police agency where the violation was discovered has not received the notice of the results of the settlement and handling of the case from the commune, ward or town police, or the district-level police that has received the results collected by professional technical means and equipment, the person with the authority to handle administrative violations of the police agency where the violation was discovered shall do the following: + Update information of the violating vehicle (vehicle type; license plate, license plate color; time, location of violation, violation; unit detecting the violation; unit handling the case, contact phone number) on the website of the Traffic Police Department so that the vehicle owner, organization or individual related to the administrative violation knows and can contact to resolve the case according to regulations; + Send a warning notice of violating vehicles to the Registration Authority (for vehicles that are required to be inspected); Update the status of the warning notice sent to the Registration Authority on the Administrative Violation Handling Database System. For vehicles that are motorbikes, scooters, and electric scooters, continue to send the notice to the police of the commune, ward, or town where the vehicle owner, organization, or individual related to the administrative violation resides or has its headquarters (according to form No. 04 issued with Circular 32/2023/TT-BCA). The police of the commune, ward, or town are responsible for forwarding the notice to the vehicle owner, organization, or individual related to the administrative violation and requesting them to comply with the notice of violation; the results of the work, notify the police agency that issued the notice of violation (according to form No. 04 issued with Circular 32/2023/TT-BCA). - The transfer of results collected by technical means and equipment and notification of results of handling violations are done electronically.

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