How does the law sanction illegal racing?

The law prohibits illegal racing, Article 8 of the Road Traffic Law 2008 stipulates that "All acts of racing, cheering for racing, organizing illegal racing, hammocking ...".

How does the law sanction illegal racing?

1. What is illegal racing?

Illegal racing is a dangerous behavior for society, potentially causing very high risk of traffic accidents.

Illegal racing is understood to be the act of two or more drivers of bicycles, cars, motorbikes or other vehicles with motorcycles circulating on the road due to the person with sufficient criminal liability and old enough to take criminal responsibility to do in a faulty way causing damage to life , the health and property of others.

The law prohibits illegal racing, Article 8 of the Road Traffic Act 2008 stipulates, "All acts: Racing, cheering for racing, organizing illegal racing, hammocking..". Thus, traffic participants are not allowed to participate in racing, organizing racing, cheering illegal racing.

2. Administrative sanctions for illegal racing

Currently, the penalty for illegal racing is stipulated in Decree 100/2019/ND-CP, specifically in Article 34 as follows:

A fine of VND 1,000,000 to VND 2,000,000 is imposed for one of the following violations:

- Acts of gathering to cheer and provoke drivers of vehicles speeding, swerving, hammocking ...;

- Cycling, motor racing, cyclo racing, animal racing, animal riding or illegal racing on roads;

- A fine of VND 7,000,000 to VND 8,000,000 is imposed on motorcyclists, cool motorcycles and electric motorbikes illegally;

- A fine of VND 8,000,000 to VND 10,000,000 is imposed on participants in illegal automobile racing.

Additional penalties: In addition to being fined, participants of illegal racing are also subject to the following penalties:

- Confiscation of vehicles, except for animals pulling, riding.

Performing the act specified in Clause 2, Clause 3 of this Article is deprived of the right to use a driver's license from 03 months to 05 months and confiscation of vehicles.

3. Penalties for illegal racing

Racing is an act of significant danger to society, so the Criminal Code stipulates that this act is a crime.

Illegal racing is stipulated in Article 266 of the 2015 Criminal Code amended in 2017, as follows:

1. Those who illegally race cars, motorbikes or other motor vehicles in one of the following cases, are fined VND 000,000 to VND 50,000,000. In addition, they are subject to non-confinement reform penalties of up to 02 years or imprisonment from 03 months to 02 years:

• Injury or harm to the health of a person with a body injury rate of 31% to 60%;
• Causing injury or harm to the health of 02 or more people whose total rate of physical injury is between 31% and 60%;
• Previously, he had been administratively sanctioned for this crime, had not been cleared of criminal record but also committed.

2. Committing crimes in the following cases, they may be imposed a fine of between VND 50,000,000 and VND 150,000,000 or a fine of between 01 and 05 years:

• Killing 01 person or causing injury or harm to the health of 01 person with a body injury rate of 61% or more;
• Causing injury to 02 people with injury rates from 31% to 60%;
• Causing injury or harm to the health of 03 or more people, causing injuries from 61% to 121%;
• Causing property damage from VND 100 million to VND 500 million;
• Causing an accident and fleeing to evade responsibility or deliberately not saving the accident victim in a critical health condition;
• Participating in betting, racing bets;
• Oppose, obstruct or cause difficulties to law enforcement;
• Racing in crowded places, urban places, residential areas;
• Dismantling safety components for vehicles;
• Dangerous re-offending.

3. Committing crimes in one of the following cases, they must be sentenced to between 05 years and 10 years of imprisonment:

• Killing two people;
• Injury or harm to the health of 02 with injuries up to 61%;
• Causing injury or harm to health of 03 or more people with an injury rate of 122% to 200%;
• Damage to property from VND 500,000 to VND 1,500,000.

4. Committing crimes in one of the following cases, they must be sentenced to between 07 years and 15 years:

• Killing 03 or more people;
• Causing injury or harm to the health of 03 with an injury rate of 61% or more;
• Causing injury or harm to health of 03 or more people with an injury rate of 201% or more;
• Causing property damage of VND 1,500,000,000 or more.

5. Offenders may also be imposed a fine of between VND 10,000,000 and VND 50,000,000.

The above is the answer to the provisions of the law sanctioning illegal racing, illegal racing on fines and criminal liability when traffic participants commit acts of racing, cheering illegal racing.

Readers who have any questions with the above article as well as the provisions of the Traffic Law can contact DFC Law Firm via free call center 1900.6512.