The case of a Mercedes S560 car hitting a series of motorbikes in the apartment basement is not considered a traffic accident because this area is not a traffic route.
Since the Mercedes S560 Maybach crashed a series of motorbikes in the apartment basement, causing one person to be injured, the requirements for the management of the internal road system and building basements in urban areas were once again set forth.
Authorities explained that without a connection decision from the competent authority, this is not considered a road system, the management mechanism therefore has many loopholes.
Not considered a traffic accident
A representative of the Traffic Police Department (Ministry of Public Security) shared that the management of traffic order and safety in apartment tunnels and internal roads of urban projects is a big challenge for the functional forces. Especially when an incident occurs in this area, it is very difficult to consider a traffic accident.
According to regulations, traffic accidents consist of many factors: There must be activities of people and vehicles participating in traffic, occur on the traffic route and must cause consequences….
But the accident occurred in the internal road, the building tunnel has no elements occurred on the traffic route. “To be considered a traffic route, there must be a written decision of the Minister of Transport if connecting to national highways and highways; Chairman of the provincial People’s Committee for local roads”, the representative of the Traffic Police Department explained.
If there is no written decision on connection, this is a public area or an internal area of an individual or organization.
|Urban areas with increasingly large scale require strict management mechanisms for internal road systems and building basements. Photo: Thai Tra – Van Thuy.|
This position mentioned the fact that the investor often wants to keep the internal road and tunnel to have its own management policies. Because when officially considered a traffic route, they must ensure compliance with regulations on management, maintenance, security and order or change the existing structure at the request of the transportation industry. .
From a legal perspective, colonel, lawyer Le Ngoc Khanh (Dean of the Command Staff Department, People’s Public Security Academy of Politics), confirmed that the Mercedes S560 Maybach case of a series of motorbikes in the 6th Element apartment basement is not part of the 6th Element apartment complex. The subject of regulation of the Road Traffic Law.
While the reality is that urban areas are increasingly expanding with projects covering 400-500 hectares, the system of tunnels and internal roads has a large scale, the expert said the risk of more serious incidents.
Acknowledging this is an inadequacy in the current Road Traffic Law, lawyer Khanh said that the law should soon be supplemented and amended.
“It is necessary to study and supplement the types of tunnels under the apartment buildings, the internal roads of the urban area project are traffic roads to have a unified management mechanism”, Mr. Khanh said.
Who will take responsibility?
According to Dr. Le Ngoc Khanh, the determination of fault and responsibility in the case of the Maybach hitting a series of motorbikes in the basement of the 6th Element apartment building depends heavily on the investigation results of the authorities. In which, it is necessary to clearly determine whether the area of the apartment basement has a document that is allowed to connect to be considered a traffic route or not, and the injury status of the injured victim is also a decisive factor.
For the guard who is said to be at the helm, he or she may be criminally liable for the crime of Accidental injury under Article 138 of the Penal Code 2015.
In which, if the victim’s body injury rate is between 31% and 60%, the person causing the incident will be subject to a warning, a fine of 5-20 million VND or a non-custodial reform for up to 3 years.
In case the victim’s body injury rate is 61% or higher, the driver can be imprisoned from 3 months to 2 years.
For property damage including a Mercedes S560 Maybach, 17 electric motorbikes, one petrol motorbike and 2 parking control booths of the building, the authorities assessed the price to determine.
In case of property damage of 500 million VND or more, the driver of this vehicle may be examined for penal liability for the crime of unintentionally causing serious damage to property according to Article 180 of the Penal Code 2015.
Trong đó, khoản 2 của điều này quy định: Hành vi phạm tội gây thiệt hại cho tài sản của người khác trị giá 500 triệu đồng trở lên, thì bị phạt tù từ 3 tháng đến 2 năm.
Về trách nhiệm của chủ xe, hành vi giao xe cho người chưa có giấy phép lái xe sẽ không bị xử lý hình sự do việc gây tai nạn dưới hầm chung cư 6th Element không phải vi phạm quy định về tham gia giao thông đường bộ. Tuy nhiên, người này sẽ có trách nhiệm cùng nam bảo vệ bồi thường cho nạn nhân vụ tai nạn.
Rạng sáng 27/5, chiếc Mercedes S560 Maybach biển số ở TP.HCM mất lái, tông hàng loạt xe máy. Chiếc xe sau đó không dừng lại mà tiếp tục tông thẳng vào chốt bảo vệ.
Công an quận Tây Hồ xác nhận, chủ ôtô Mercedes S560 Maybach biển số TP.HCM giao cho một nhân viên bảo vệ là trưởng ca, lái xe vào vị trí đỗ thì xảy ra sự việc. Nhân viên bảo vệ này chưa có bằng lái.
In addition to the damaged Mercedes S560, the accident also damaged 17 electric motorbikes, one petrol motorbike and 2 parking control booths of the building. One victim suffered non-life-threatening injuries.
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