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Question: I violated traffic regulations and had my driver's license suspended for 1 month. Can a person whose license is suspended drive? If I am still allowed to drive, what documents do I need to bring instead, and what are the procedures?
SECURITY(Kinh Mon)
Reply:
According to Clause 2, Article 82 of Decree No. 100/2019/ND-CP (amended and supplemented by Decree 123/2021/ND-CP), to ensure the enforcement of the decision on administrative sanctions or to verify the circumstances as the basis for issuing the decision on sanctions, the competent authority may also decide to temporarily detain the vehicle and documents related to the driver and vehicle violating one of the acts specified in this Decree according to the provisions of Clause 6 and Clause 8, Article 125 of the Law on Handling of Administrative Violations (amended and supplemented in 2020).
When documents are temporarily withheld according to the provisions of Clause 6, Article 125 of the Law on Handling of Administrative Violations, if the deadline for resolving the violation recorded in the administrative violation record has passed, the violator has not yet arrived at the headquarters of the competent authority to resolve the violation but continues to drive the vehicle or put the vehicle into traffic, the penalty will be applied as for the act of not having documents.
Thus, with the above regulation, your driving license is temporarily suspended but you are still allowed to drive a vehicle that is suitable for the suspended driving license. When participating in traffic, you must carry the record of temporary document suspension and present it when requested by law enforcement officers.
However, if you have not arrived to resolve the violation within the time limit stated in the minutes but continue to drive or put the vehicle on the road, you will be punished for not having documents.
In addition, you need to note the difference between a driver's license suspension and a driver's license revocation. If your driver's license is revoked, you will not be allowed to drive during the revocation period.
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