During traffic congestion, I often see motorcyclists riding onto the sidewalk to get ahead faster.
This is a fairly common occurrence, yet I rarely see traffic police issuing fines for it.
Does the law permit motorcyclists to ride on the sidewalk during rain or traffic congestion? If this is a violation, what is the penalty?
Reader Van Tien
Legal Advice:
Under current law, motorcycle riders are not permitted to drive on the sidewalk to avoid traffic congestion—even during rain or in the event of prolonged traffic jams.
Specifically, pursuant to Point a, Clause 7, Article 7 of Decree 168/2024/NĐ-CP, operators of motorcycles, mopeds, and similar vehicles who drive on the sidewalk are subject to a fine ranging from 4 million to 6 million VND. An exception is made only when crossing the sidewalk to enter a private residence or an office/establishment.
In addition to the monetary fine, offenders will also have 2 points deducted from their driver’s license, in accordance with Point a, Clause 13, Article 7 of Decree 168/2024/NĐ-CP.
Consequently, neither rain nor traffic congestion justifies driving a motorcycle on the sidewalk. Road users must adhere to regulations regarding designated lanes and road sections; they may not encroach upon space reserved for pedestrians simply to travel faster.
It should be noted that the absence of a traffic police officer stopping a vehicle at the time of the violation does not mean the offender will escape penalty. Under regulations concerning the detection and handling of administrative violations in road traffic, authorities may utilize footage and data collected from traffic surveillance cameras or other technical equipment to identify and process such violations.
Therefore, even if a motorcycle rider is not stopped on the spot by traffic police, if the violation is captured by a camera and there is sufficient evidence to confirm the offense, the operator may still be subject to a penalty issued via post-incident enforcement (commonly referred to as a "cold penalty").