In the past few days, there are information said that starting October 15, 2019 the maximum permitted speed for motorbikes is 40km/h, according to Circular 31/2019/TT-BGTVT, effective on October 15, 2019. This information makes people extremely confused and worried because motorbikes are the daily means of transportation for the majority of Vietnamese people and the maximum speed as mentioned above is too low. Therefore, Law Plus will help you clarify this issue through the following article.
Definitions of motorbikes and motorcycles
In order to understand the subjects apply to the maximum allowed speed under Circular 31, we need to know the definitions of motorbikes and motorcycles according to the provisions of the National Technical Regulation on Road Signs, referred to as the Standard 41, Article 4, explains the terms, sections 4.30 and 4.31 as follows:
4.30: Motorbikes (motorbikes) are two- or three-wheeled motor vehicles and the like for carrying passengers or moving by engines with a cylinder capacity of 50 cm3 or more and weighing not more than 400 kg for two-wheel motorcycles or the capacity of 350 kg to 500 kg for three-wheel motorcycles. This definition does not include motorcycles mentioned in Clause 4.31 of this Article;
4.31: Motorcycles means a motor-powered vehicle with two or three-wheelers and the maximum designed speed not exceeding 50 km/h. If the driving motor is a thermal motor, the working capacity or equivalent capacity should not be greater than 50 cm3.
Maximum speed for motor vehicles to participate in traffic
Accordingly, Article 6 of Circular 31 regulates the maximum speed for motor vehicles to participate in traffic in densely populated areas (except highways) as follows: Motor vehicles (according to Clause 2 Article 3 This Circular, motor vehicles include cars; tractors; trailers or semi-trailers pulled by cars or tractors; two-wheel motorcycles; three-wheel motorcycles; motorcycles ( including electric motorcycles) and the like.), except for the motorcycles specified in Article 8 of this Circular, the maximum permissible speed is 60 km/h for double and one-way roads, respectively. two motor lanes or more and 50 km/h for two-way roads; One-way roads have a motorized lane.
Article 8 of Circular 31 provides as follows: For special-use vehicles and motorcycles (including electric motorcycles) and the like, the maximum speed must be 40 km/h.
At the same time, based on the definitions of the motorcycles and motorbikes we mentioned above, motorcycles (including electric motorcycles) are subject to the maximum allowed speed 40 km/h. The information that motorcycles must have the maximum speed of 40 km/h is incorrect.
Therefore, Law Plus recommends that customers need to base on authenticated information as well as officially published by competent authorities or from reputable agencies to avoid misunderstanding legal regulations, causing public confusion.
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