I have a self-driving car rental business. During this holiday, many customers rent self-driving cars to go home and travel. However, I read many cases where after customers returned their cars, they were fined, so I was very worried. Please ask, in case the car rental customer gets fined, who will pay the fine?
You read Thien Ly (HCMC).
Lawyer Dao Thi Bich LienHo Chi Minh City Bar Association replied:
In fact, there are many cases of self-driving car rentals, after liquidating the contract with the lessee, only to discover that the car has been fined.
In this case, the Traffic Police will contact the vehicle owner to handle it because this is the only information the authorities have to issue a penalty decision, this is based on Clause 8, Article 80 of Decree 100/2019 on penalties. Administrative violations in the field of road and rail traffic.
Specifically, in cases where administrative violations are detected through the use of vehicles and professional technical equipment but the authorities cannot immediately stop the vehicle for handling, they will send a request notice. Vehicle owners and related individuals and organizations (if any) come to headquarters to resolve the violation. At the same time, the vehicle owner is obliged to cooperate with the authorities to identify the person who drove the vehicle to commit the violation.
At this time, even though the vehicle owner did not directly commit the violation, he or she is required to come according to the notice and is obliged to cooperate with the traffic police force to identify the driver who directly committed the violation.
Assisting the authorities in collecting fines from violators is the responsibility of the vehicle owner (lessor), if there is no proof or basis (rental contract) to require the lessee to pay an additional fine. Otherwise, the vehicle owner will be the one to pay the fine. If the fine is overdue without paying, the traffic police will send a notice to put the vehicle into registration warning software, resulting in the vehicle being refused registration.
Lawyer Dao Thi Bich Lien, Ho Chi Minh City Bar Association.
To avoid falling into the above trouble, car owners can do the following:
– Make a car rental contract.
When drawing up a car rental contract, the car owner needs to clearly stipulate the contents related to being responsible to the authorities when driving and causing a violation so that if they have to pay a fine on behalf of the car lessee, they have a basis. Just ask for a refund. If the lessee does not pay, they can sue to request the lessee to pay.
– Require a deposit when handing over the vehicle
When receiving the vehicle, the owner can request a deposit from the lessee for a period of 20 days to 1 month. During that time, car owners need to check cold fines on websites that support checking cold fines to verify whether the car renter has a cold fine or not. If there is a violation of the rented vehicle, the vehicle owner proactively deducts the deposit to pay the fine.
In case no violation is detected within the deposit period, the vehicle owner returns the retained deposit to the lessee.
Circular 32/2023 of the Ministry of Public Security stipulates that in cases of violation of cold fines, notices will be sent requiring vehicle owners, organizations and individuals involved in administrative violations to go to the headquarters of the police agency where they are located. detect administrative violations.
If traveling is difficult and there are no conditions to go directly to the police headquarters where the administrative violation is discovered, then go to the district police headquarters where you reside or are headquartered to resolve the violation. administrative.
Sending notice of violation is done in paper form or electronically (when infrastructure, technical and information conditions are met). At the same time, post it on the website of the Traffic Police Department so that people can proactively look up and comply with penalties.
PV
