Traffic sign on Le Loi Street in Vinh City, Nghe An, which Mr. Anh believes he did not violate, leading him to sue the Vinh City Police.
Truck driver Phan Dinh Anh has filed a lawsuit against the Vinh City Police Department, demanding over 42 million VND in compensation, arguing that the temporary seizure of his vehicle was unlawful. The case stems from an administrative penalty imposed by the Vinh City Police Department on Mr. Anh for a traffic violation.
Truck Driver Argues Traffic Sign Was Unclear
On March 8, 2016, Mr. Anh was driving a 3,400kg truck, without any cargo, on Le Loi Street in Vinh City. Mr. Anh stated that the traffic sign there only prohibited trucks with a weight of 4 tons or more and had an image of a truck carrying cargo. Because his truck was not carrying cargo and weighed less than 4 tons, he believed he was not in violation.
Mr. Anh's lawsuit filed with the People's Court of Vinh City, requesting compensation of over 42 million VND for the unlawful vehicle seizure.
However, traffic police officers from the Vinh City Police Department issued a violation report for the following offenses: entering a prohibited road, not having a driver’s license, not having vehicle documents, and obstructing public officials. Mr. Anh refused to sign the report, and his vehicle was impounded.
Penalty Decision and Lawsuit Filed by Truck Driver
On March 17, 2016, the Vinh City Police Department issued a decision to fine Mr. Anh a total of 4.9 million VND and temporarily seize the vehicle for 9 days.
Penalty decision issued by the Vinh City Police Department to Mr. Anh.
Disagreeing with the penalty decision, truck driver Anh sued the Vinh City Police Department, requesting the court to declare the penalty decision unlawful, return the fine, and compensate him 42.1 million VND for the 9 days the vehicle was impounded. Mr. Anh argued that the traffic police’s application of the sign regulation was unscientific and that his actions had not caused any consequences.
Court Hearing for Truck Driver’s Lawsuit Against Vinh Police
The court hearing for the truck driver’s lawsuit against the Vinh City Police was originally scheduled for August 11 but was postponed and rescheduled for the end of September. The Deputy Chief of the Vinh City Police, Senior Lieutenant Colonel Hoang Duy Ha, was authorized to attend this hearing. The outcome of the hearing will clarify whether the penalty imposed on truck driver Anh was in accordance with the law.
