5 cases of running a red light not subject to penalization in Vietnam

Running a red light is one of the common mistakes that traffic participants make even though stopping at a red light is mandatory. However, in certain situations, the law allows traffic participants to run red lights. So, when to run a red light without breaking the law? In this article, LSX legal firm will provide you with: “5 cases of running a red light not subject to penalization in Vietnam”

Legal grounds

• Law on Road Traffic 2008
• Decree 100/2019/ND-CP
• Regulation QCVN 41:2019/BGTVT

Regulations on traffic lights

Clause 1, Article 9 of the Road Traffic Law 2008 stipulates that road users shall keep to the right in their travel direction, move on the prescribed lane or road section and obey the road signal system.
Besides, in Article 10 of this Law:

1. The road signal system includes instructions given by persons directing traffic; traffic light signals, road signs, road markings, marker posts, or protection walls and barriers.
2. Instructions given by persons directing traffic:
   a/ Arm raised upright constitutes a signal that road users approaching from any direction must stop;
   b/ One or two arms outstretched horizontally constitutes a signal that road users in front of or behind the person directing traffic must stop while road users on the right and the left of the person directing traffic may proceed;
   c/ Right arm outstretched to the front constitutes a signal that road users behind and on the right of the person directing traffic must stop; road users in front of the person directing traffic may turn right; road users on the left of the person directing traffic may proceed in all directions; and pedestrians crossing the road must walk behind the person directing traffic.
3. The traffic light signals are in three colors, each having the following meaning:
   a/ A green light means proceed;
   b/ A red light means stop;
   c/ An amber light means stop behind the stop line, except for road users who have passed the stop line and may keep moving; in case of a flashing amber light signal, road users may proceed but shall slow down and give way to pedestrians;
4. Road signs are divided into 5 groups, with the meaning of each group as follows:
   a/ Prohibitive signs indicate prohibitions;
   b/ Danger warning signs warn dangerous circumstances likely to occur;
   …”

5 cases of running a red light not subject to penalization

As specified above, when the light turns red, road users must stop before the stop line. However, in some cases, the law allows road users to run red lights without administrative fines.

At the signal of the traffic controller

Specifically, according to Clause 2, Article 11 of the Law on Road Traffic and Clause 4.1, Article 4 of QCVN 41:2019/BGTVT promulgated together with Circular 54/2019/TT-BGTVT, road users must comply with the instructions for traffic control if different signals appear in the same area in the following order:

• Firstly, signals of traffic controllers;
• Secondly, signals of traffic lights;
• Thirdly, signals of the signboard;
• Fourthly, signals of road markings and other signs on the road surface.

Therefore, if in the case of red light but the traffic controller allows to go, the road users must obey the signal of the controller. So running a red light, in this case, does not violate the law.

In the case of the priority vehicles

Article 22 of the Road Traffic Law stipulates:
The following vehicles have the priority right to go before other vehicles when passing intersections from any direction of traffic in the following order:
a/ Fire engines traveling on duty;
b/ Military vehicles and police vehicles on urgent duty; motorcades led by police cars;
c/ Ambulances on duty;
d/ Dike-watch vehicles, vehicles employed in overcoming natural disasters or epidemics or in a state of emergency as prescribed by law;
e/ Funeral vehicle processions.
Priority vehicles because of urgency have the priority to pass red lights to ensure urgent needs. However, in case there are instructions from the traffic controller to stop, these vehicles still have to obey.

Lines with hammock eyes

According to QCVN 41:2019/BGTVT, the sagging eye line means to warn the driver not to stop the vehicle within the road surface with the line layout to avoid traffic jams.
The curved eye line can be used to determine the area where stopping is prohibited within the intersection of the same level, on the branch leading to the entrance or exit of the intersection, or other necessary road surface positions that do not allow stopping.
Thus, within this line, the law does not allow road users to stop.

Having signal lights and signs that allow you to continue moving

When there are traffic lights or signs permitting, road users are allowed to turn or go straight despite the red light. Those cases include:

• The green signal light installed together with the turn signal priority. This is usually an auxiliary, blue arrow-shaped light mounted below the traffic light.
• Traffic signs, usually an extra sign placed under a traffic light to allow vehicles to turn when the light turns red.

Special case

Specifically, according to Article 11 of the Law on Handling of Administrative Violations:

The following cases shall not be administratively sanctioned:

1. Commit acts of administrative violations in emergency circumstances;

2. Commit acts of administrative violations due to legitimate defense;

3. Commit acts of administrative violations due to unexpected events;

4. Commit acts of administrative violations due to force majeure;

5. The violators do not have administrative liability capacity; the violators commit administrative violations when are not sufficient age to be administratively sanctioned as regulated in point a, clause 1, Article 5 of this Law.

Legal service of LSX Legal Firm

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

• Legal advice related to new regulations;
• Representing in drafting and editing documents;
• We commit the papers to be valid, and legal for use in all cases;
• Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

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