The "weird driver" mother made the girl who left in Hanoi regret it, will she be fined for handing over the car to her child?

On November 4, the Hoan Kiem District Police (Hanoi) said that the unit had temporarily detained 10 people related to the "monster driver" case that caused a serious incident that caused a girl not to survive at the intersection of Tran Hung Dao - Ba Trieu.

The ill-fated girl was identified as Ms. N.H.Q (27 years old, residing in Hai Ba Trung, Hanoi).

Meanwhile, outside the Hoan Kiem District Police headquarters (Hanoi), relatives of some "monster drivers" after hearing that their children caused the incident were also on duty early in the morning.

Sharing on Tuoi Tre newspaper, Ms. Luu Thi L. (in Huu Hoa commune, Thanh Tri, Hanoi - mother of N.T.M.K.) said that on the evening of November 2, she went to eat at the next village, so she left her motorbike keys at home. Seeing this, the son took his mother's car and said "I go to work part-time".

"My child, like my person, is also very sad. Now I can only wait, hoping for the help of the police to go to N. Han's house to say sorry," the woman shared.

Asked about her son, Ms. L. said that K. usually goes to school in the morning and works part-time in the evening to serve a beer bar. She and her husband gave birth to 3 children, K. was the youngest. Hearing that her son asked to work part-time, she advised to stop but could not stop her adolescent son.

Since learning that K. caused the incident, Ms. L. said that she always felt regret for letting her child take the car, causing t.ai: "I just thought that I took the car to travel, I didn't expect this incident."

If I hand over the car to someone else to run and cause t.ai, will the car owner be fined?

Lawyer Diep Nang Binh - Head of the Law Firm (Ho Chi Minh City Bar Association) said that according to Article 601 of the Civil Code 2015, the means of transport and motor vehicles in this case are considered a source of extreme danger.

Regarding civil liability

Owners of sources of extreme danger must operate, use, preserve, look after and transport sources of extreme danger in accordance with law.

The owner of the source of extreme danger must pay compensation for damage caused by the source of extreme danger; if the owner has assigned another person to possess or use it, this person must pay compensation, unless otherwise agreed.

In case the owner, occupier or user of the source of extreme danger is at fault in allowing the source of extreme danger to be illegally possessed or used, it must jointly pay compensation for damage.

Thus, the lending of motorbikes and the borrower of the car causing t.ai will be responsible for the t.ai. However, in case the car owner lends or uses it to others illegally, he must also pay compensation for damages.

Regarding penal liability

According to Article 264 of the Criminal Code 2015 amended by Clause 76, Article 1 of the Law amending the Criminal Code 2017, it is stipulated that a person who delivers a vehicle to a person who knows that he or she does not have a driving license or does not meet other conditions as prescribed by the law on driving a vehicle participating in road traffic causing damage to others shall be fined as follows:

- A fine of between VND 10,000,000 and VND 50,000,000 or non-custodial reform for up to 03 years if the person causing the t.ai commits one of the following violations:

Lethal;

Causing injury or harm to the health of 01 person with a bodily injury rate of 61% or more;

Causing injury or harm to the health of 02 or more persons with a total bodily injury rate of these persons from 61% to 121%;

Causing property damage of between VND 100,000,000 and less than VND 500,000,000.

- Committing the crime in one of the following cases, the offender shall be subject to a fine of between VND 50,000,000 and VND 200,000,000 or a prison term of between 06 months and 03 years:

Killed 02 people;

Causing injury or harm to the health of 02 or more people with a total bodily injury rate of these persons from 122% to 200%;

Causing property damage of between VND 500,000,000 and less than VND 1,500,000,000.

- Committing the crime in one of the following cases, the offender shall be sentenced to between 02 and 07 years of imprisonment:

Causing the death of 03 or more people;

Causing injury or harm to the health of 03 or more persons with a total bodily injury rate of 201% or more of these persons;

Causing property damage of VND 1,500,000,000 or more.

Thus, handing over the vehicle to a person under the driving age causes t.ai, the vehicle owner may be fined or imprisoned depending on the extent of the damage.

Can I hand over my car to someone else to drive?

According to the lawyer, Article 58 of the Law on Road Traffic 2008 stipulates the conditions for drivers to participate in traffic as follows:

- Drivers participating in traffic must be of full age and health specified in Article 60 of the Law on Road Traffic 2008 and have a driving license suitable to the type of vehicle they are allowed to drive issued by a competent state agency.

Learners who practice driving cars when participating in traffic must practice on the driving practice car and have a teacher to sponsor the steering wheel.

- Drivers when operating vehicles must carry the following papers:

Vehicle registration;

Driving licenses for motor vehicle drivers specified in Article 59 of this Law;

Certificates of inspection of technical safety and environmental protection for motor vehicles specified in Article 55 of this Law;

Certificate of civil liability insurance of motor vehicle owner.

Thus, it is possible to lend the car to another person to participate in traffic, but the borrower must be of sufficient age, health, and have a driving license suitable to the type of vehicle allowed to be driven issued by a competent state agency.

Biên Hoà: Phạt 300 phụ huynh giao xe máy cho con, cảnh tỉnh vụ "quái xế" Hà Nội Trí Nhi15:08:04 06/11/2024Ngày 6/11, Ban An toàn giao thông TP Biên Hòa (tỉnh Đồng Nai), cho biết từ ngày 1 đến 31-10, lực lượng chức năng đã kiểm tra, xử phạt hơn 300 trường hợp phụ huynh giao xe cho học sinh chưa đủ điều kiện (độ tuổi và giấy phép lái xe) lưu thông.