Dump trucks are essential vehicles in construction and land leveling. However, the illegal use of dump trucks is common, causing numerous consequences. This article analyzes a case where a Commune Chairman handled illegal dump truck activities and legal opinions on this matter.
Dump Truck Without Papers, Expired Registration, Seized
During an inspection, a Commune Chairman discovered a dump truck without ownership papers, with expired registration, and carrying unidentified soil for illegal agricultural land leveling. He invited economic police, district traffic police, and the district environmental order management team to the scene to record an administrative violation of 3.5 million VND and demanded restoration of the original condition.
Overloaded and unregistered dump truck seized
Because the truck lacked valid papers, the Commune Chairman decided to temporarily seize the vehicle to ensure enforcement of the penalty decision. The truck was then escorted to the Commune People’s Committee headquarters with the assistance of traffic police. Due to the slow restoration of the original condition, the Chairman continued to issue a decision to extend the temporary seizure. The driver then complained that the vehicle seizure was beyond authority.
Lawyers’ Opinions on Handling Illegal Dump Truck Activities
Lawyer Quach Thanh Luc (Hanoi Bar Association) affirmed that the temporary seizure of vehicles violating administrative regulations is a preventive measure to ensure violation handling according to Clause 3, Article 119 of the Law on Handling of Administrative Violations in 2012. Seizing the dump truck in this case is to prevent continued violations and ensure violation handling.
Lawyer Quach Thanh Luc affirms the Commune Chairman handled the case legally
The lawyer also stated that in cases where violating vehicles lack ownership papers or do not meet traffic conditions, authorized individuals can temporarily seize vehicles according to Clause 6, Article 125 of the Law on Handling of Administrative Violations in 2012.
Other lawyers also agreed with the above view and stated that the Commune People’s Committee Chairman’s handling and seizure of the dump truck were completely in accordance with legal regulations. However, it is necessary to clarify the origin of the soil carried on the truck and investigate the illegal soil exploitation situation.
Lawyer Vi Van Dien requests investigation to clarify the origin of the soil
Conclusion
The Commune People’s Committee Chairman’s handling of the illegal dump truck in this case was completely legal. The case also highlights the importance of inspecting and strictly handling violations related to dump trucks to ensure traffic order and safety and environmental protection. It is necessary to strengthen the management and control of land transportation activities and strictly handle violations to prevent illegal land exploitation and transportation.
