Currently, the prevalent trend of individuals using phones while participating in traffic is alarming. Many people even casually engage in traffic while talking on the phone, texting, taking photos, recording videos, or even live streaming. These are the causes of traffic accidents, hence the penalty for using a phone while driving is enforced, and Penalty fines for using a phone while driving are listed below.
Using a phone while driving and the latest penalties
1. Prohibition of using phones while driving.
2. Penalty fines for using phones while driving.
3. Frequently Asked Questions.
1. Prohibition of using phones while driving
- According to the provisions of the 2008 Road Traffic Law, Decree No. 100/2019/ND-CP, Decree No. 123/2021/ND-CP, using a phone while driving is strictly prohibited.
- Individuals operating vehicles using phones while driving will be fined for administrative violations and additional penalties as prescribed by law.
2. Penalty fines for using phones while driving
2.1 For Cars
- Fines range from 2 million to 3 million VND: Car drivers using mobile phones with their hands while driving on the road. (Previous fine: 1 million to 2 million VND)
- License suspension from 1 to 3 months.
2.2 For Motorcycles, Electric Scooters, Motorbikes
- Fines range from 800,000 to 1 million VND: Individuals riding motorcycles, electric scooters, or motorbikes using mobile phones. (Previous fine: 600,000 to 1 million VND)
- License suspension from 1 to 3 months.
When it comes to bicycles and electric bicycles, section 2.3 is crucial.
Fines ranging from 80,000 to 100,000 VND: Cyclists caught using a mobile phone.
=> Therefore, drivers of cars, motorcycles, motorbikes, electric scooters, bicycles, and electric bicycles caught using a phone while driving are subject to fines, and may also have their driving licenses revoked (for cars and motorcycles).
The penalties for this violation have increased from 01/01/2022, aiming to deter traffic offenders.
Response:
According to Point h Article 6 of Decree 100/2019/ND-CP (and Point g Article 34 of Decree 123/2021/ND-CP), penalties for motorcycle riders are as follows:
A fine ranging from 800,000 VND to 1,000,000 VND for riders who use mobile phones while driving.
=> Therefore, riders using phones while driving are fined. In your case, as a passenger on the motorcycle, not the rider, your phone usage will not be penalized.
Is using a phone while driving punishable by license suspension?
As per Decree 100/2019/ND-CP and Decree 123/2021/ND-CP, drivers of cars and motorcycles using phones while driving will be fined and have their driving licenses suspended, specifically:
- Car drivers: License suspension for 1 to 3 months.
- Motorcycle riders: License suspension for 1 to 3 months.
According to Article 56 of the Administrative Violations Handling Law 2012, individuals fined with a warning or a fine up to 250,000 VND can pay on the spot without a written record.
Comparing with the fines for using a phone while driving:
- Car drivers: fined 2 million - 3 million VND.
- Motorcycle riders: fined 800,000 - 1 million VND.
If cyclists or electric bike riders commit this offense, they can pay the fine on the spot.
Above is all the information about penalties for using a phone while driving. Everyone should refrain from using phones while driving to ensure safety for themselves and other road users.
