Is the person sitting in the car with the "Lexus driver who impacted the shipper" responsible?

Tay Ho District Police, Hanoi City has decided to prosecute the case and temporarily detain Tong Anh Tuan (residing in Phuong Liet Ward, Thanh Xuan District, Hanoi City) after physically assaulting shipper Nguyen Xuan Hung.

However, some opinions say that Mr. Hung lost a hand but still drove a vehicle, is it a violation of road traffic laws?

Regarding this issue, lawyer Quach Thanh Luc - Phap Tri Law Firm (Hanoi Bar Association) said that according to the provisions of the Law on Road Traffic Order and Safety 2024 (effective from January 1, 2025), drivers of vehicles participating in road traffic must ensure health conditions appropriate to each type of vehicle allowed to be driven.

When registering for a driving test, candidates will be required to undergo a health check for the vehicle class they are registering for. Depending on the vehicle class, candidates will have to meet different health requirements.

In addition, the current health standards for drivers are specified in Appendix 1 issued with Circular 36/2024/TT-BYT, clearly stating the standards for not meeting health requirements in specialties such as: psychiatry, neurology, eyes, ears, nose and throat, cardiovascular, respiratory, musculoskeletal, endocrine and psychotropic substances.

Accordingly, having a disability in the arms or legs will be subject to musculoskeletal health conditions. Specifically, people with the following musculoskeletal disabilities will not be eligible to drive a vehicle:

Group 1 applies to drivers of class A1, B1 and drivers of specialized motorbikes: Amputation or loss of function of 1 hand or 1 foot and the remaining leg or hand is not intact (amputation or reduced function).

Group 2 applies to class A and B drivers: Amputation or loss of function of 1 hand or 1 foot and one of the remaining legs or arms is not intact (amputation or reduced function).

Group 3 applies to drivers of classes C1, C, D1, D2, D, BE, C1E, CE, D1E, D2E and DE: Stiffness/adhesion of a large joint; Pseudo-joints in some large bones; Excessive hunchback or scoliosis causing lordosis; stiffness/adhesion of the spine affecting motor function; Absolute length difference between two upper or two lower limbs of 5cm or more without assistive devices; Amputation or loss of function of 2 or more fingers of 1 hand or amputation or loss of function of 1 or more feet.

Thus, a person who has lost one hand but the other hand is intact and fully functional can still be granted a driver's license for class A1, B1, and specialized motorbikes.

A person with a class A1 driving license is allowed to drive a two-wheeled motorbike with a cylinder capacity of up to 125cc and or an electric motor capacity of up to 11kW.

People with a class B1 license are allowed to drive three-wheeled motorbikes and other types of vehicles specified for a class A1 driving license.

Regarding the case of Mr. Nguyen Xuan Hung (a shipper) who lost a hand but still drove a vehicle, did he violate road traffic laws? Lawyer Luc said that we need to wait for the conclusion of the investigation agency.

"It is necessary to consider whether this male Shipper was granted a driver's license before or after the incident that led to the loss of his hand to determine Mr. Hung's health condition to continue driving. In the case that Mr. Hung only lost his left hand, but his right hand and both legs still function normally, this young man is still qualified to drive a motorbike with a capacity of less than 175cm3," said lawyer Luc.

In addition to questions about the regulations on granting a driver's license to a person who has lost one hand but the other hand is intact, netizens are also concerned about the responsibility of the person sitting in the car with the Lexus driver.

Lawyer Luu Thi Kieu Trang (Director of Khai Hoan Tam Law Firm, Hanoi Bar Association) acknowledged that in addition to driver Tuan's responsibility, the police will certainly invite related people to work, collect and consolidate documents and evidence to resolve the case objectively and comprehensively, including those traveling in the Lexus.

During the investigation, the investigation agency will focus on clarifying the content of the argument between the driver and the passenger, what the passengers said, whether it encouraged violenc.e, incited the driver to get out of the car and attac.k the shipper or not.

"According to Article 17 of the 2015 Penal Code, accomplices in a case may include the organizer, the perpetrator, the instigator, and the accomplice. In which, the perpetrator is the person who directly commits the crime; the organizer is the person who masterminds, leads, and commands the commission of the crime; the instigator is the person who incites, entices, and encourages others to commit the crime; and the accomplice is the person who creates the mental or material conditions for the commission of the crime.

Regarding the above incident, it is necessary to clarify whether the people sitting in the car had words that incited violenc.e or created mental conditions, supported Tuan to influence the shipper or not, thereby determining whether or not there was an accomplice role in the crime of Intentional Infliction of Injury in the case," commented lawyer Trang.

Regarding the act of not reporting or concealing a crime, lawyer Trang said that according to Articles 389 and 390 of the 2015 Penal Code, the above crimes only apply to the concealment or failure to report certain crimes such as Murde.r, Robbery or Frau.d to appropriate property... but do not include the crime of Intentional Infliction of Injury according to Clause 1, Article 134 of this Code.

Therefore, in the case where the driver is charged with the crime of Intentional Infliction of Injury, there is no basis to consider the responsibility of the remaining persons for the crime of Failure to Report a Crime or Concealment of a Crime.

Vụ shipper và tài xế Lexus: Nhà đáng thương, cụt 1 bàn tay, từ chối 500k đền bù JLO14:38:59 12/02/2025Liên quan đến vụ việc nam shipper bị tác động gây xôn xao dư luận, Công an quận Tây Hồ cho biết đơn vị này đã vào cuộc điều tra, làm rõ các thông tin liên quan vụ tài xế Lexus tác động shipper ở Hà Nội.