Regulations regarding truck badges, especially for trucks under 3.5 tons, are a constant concern for vehicle owners. Since 2018, according to Decree 86/2014/ND-CP, some trucks under 3.5 tons engaged in cargo transportation business are required to display a “Truck” badge. However, not all small trucks need this document. So, which trucks are exempt from needing a badge? This article from Xe Tải Mỹ Đình experts will clarify this issue, providing detailed and updated information on current regulations.
Small trucks under 3.5 tons not engaged in cargo transportation business do not require a badge, saving owners costs and administrative procedures.
Understanding Truck Badge Regulations for Under 3.5 Ton Trucks
Decree 86/2014/ND-CP, which regulates business and conditions for transport business by automobiles, has created a turning point in transport management. Accordingly, from July 1, 2018, trucks with a designed load capacity of under 3.5 tons, if involved in cargo transport business, must meet the following conditions:
- Automobile transport business license: Businesses, cooperatives, and business households must have this license.
- Journey monitoring device (JMD): The vehicle must be equipped and the device must be operational, transmitting data to the Vietnam Road Administration.
- “Truck” badge: The vehicle must be issued and display the badge in accordance with regulations.
However, this regulation has caused many questions and misunderstandings, especially for small truck owners. Many people wonder if their vehicle really needs a badge, especially when they use the vehicle for personal purposes or internal cargo transportation.
When Do Trucks Under 3.5 Tons Not Need a Badge?
To clarify this issue, we need to consider the purpose of using the truck more carefully. According to Circular 63/2014/TT-BGTVT, there are some cases where trucks under 3.5 tons are not subject to badge requirements. The key point is whether the truck is engaged in transport business.
Trucks do not need a badge if:
- Not engaged in transport business: This is the most common case. If the truck under 3.5 tons is only used for personal, family purposes, or internal transportation of goods for the production and business establishment itself, without directly collecting money from the transportation activity, then a badge is not required. For example:
- A truck carrying goods for production from the warehouse to the store of the same company.
- A family truck carrying furniture or construction materials for personal use.
- Internal transport business with a small number of vehicles and tonnage: According to Clause 1, Article 50, Circular 63/2014/TT-BGTVT, transport business units that do not directly collect money, use vehicles under 10 tons and have less than 5 vehicles, are not subject to the requirements of a transport business license, truck badge, and JMD.
Thus, if your truck falls into the above cases, you can rest assured that you do not need to worry about applying for and displaying a badge.
Frequently Asked Questions About Small Truck Badges
Many small truck owners are still unclear about this regulation. Here are some frequently asked questions and answers from Xe Tải Mỹ Đình experts:
1. Does a truck carrying goods for the family, not for hire, need a badge?
Answer: No. If the truck is only used for personal or family cargo transportation purposes, not for transport business, then it is not mandatory to have a badge.
2. Does a truck belonging to a business carrying goods for the business need a badge?
Answer: Possibly not. If your business uses a truck to carry goods of its own (e.g., from the warehouse to the store) and does not directly collect transportation fees from customers, while also meeting the conditions regarding tonnage and number of vehicles (under 10 tons and under 5 vehicles), then a badge is not required. However, you need to consider your transport business activities more carefully to determine accurately.
3. Does a truck under 3.5 tons registered in an individual’s name, not belonging to a business, need a badge?
Answer: Whether the vehicle is registered in an individual’s name or a business is not the determining factor. The important thing is the purpose of using the vehicle. If the vehicle is used for cargo transport business purposes (directly collecting money), then it still needs a badge, transport business license, and JMD as required. Conversely, if it is only used for personal purposes, then it is not required.
Important Notes About Transport Business and Badges
To accurately determine whether your truck needs a badge or not, ask yourself: Do you directly collect money from transporting goods by this truck?
- If YES: You are engaged in transport business and may need to comply with the regulations on business licenses, badges, and JMDs, depending on the type of business and vehicle tonnage.
- If NO: You may not need a badge if the vehicle is only used for personal purposes or internal transportation without directly collecting money and meets the conditions regarding tonnage and number of vehicles.
However, to ensure certainty and avoid legal risks, you should:
- Consult with competent authorities: Contact the local Department of Transport for specific advice on your case.
- Update legal information: Regulations may change over time. Regularly update the latest information from official sources.
Conclusion:
Determining which trucks are exempt from needing a badge depends on the purpose of using the vehicle and the type of transport activity. If you use a truck under 3.5 tons for personal, family purposes, or internal cargo transportation without directly collecting money (in many cases), then your vehicle may not need a badge. However, always carefully research the regulations and consult with experts to ensure the best compliance with the law. Xe Tải Mỹ Đình is always ready to accompany you and provide useful information on every journey.
Reference sources:
- Decree 86/2014/ND-CP of the Government on business and conditions for transport business by automobiles.
- Circular 63/2014/TT-BGTVT of the Ministry of Transport regulating the organization and management of transport business activities by automobiles and road transport support services.
