What are the consequences for parents who give their underage child, without a driver’s license, access to a motorcycle, resulting in a severe accident?
On March 11, 2025, the People’s Court of Ninh Giang District, Hai Duong Province, held a first-instance trial and sentenced Le Thi L. (born 1980, residing in Van Hoi Commune) to six months in prison for “Allowing unqualified individuals to operate a vehicle for road traffic.”
According to the indictment, in June 2024, Ms. L. purchased an electric motorcycle with the brand name Xmen and license plate number 34MD4-015.6x for VND 7 million at a store in Hung Long, Ninh Giang District. This motorcycle was not registered.
After the purchase, Ms. L. gave the vehicle to her son, Quan D.L. (born in 2009), to commute to Quang Trung High School (Ninh Giang District). Despite being under the minimum age of 16, as mandated by law, to operate an electric motorcycle.
On August 14, 2024, D.L. rode the electric motorcycle with his cousin as a passenger. While traveling on Provincial Road 396 in Van Hoi Commune at a speed of approximately 30 km/h, D.L. suddenly turned left without proper observation, colliding with another motorcycle with license plate number 34P3-385x driven by Mr. Doan Van Th. (born in 1988, residing in Van Hoi Commune), who was carrying his son, Doan Trung H. (born in 2015), as a passenger.
The collision resulted in severe injuries to Mr. Th. and his son, requiring emergency medical attention at Hai Duong General Hospital. Medical assessments determined that Mr. Th. sustained 90% bodily injuries, while young H. suffered 37% injuries. Both vehicles incurred minor damage.
This incident sparked public discussion regarding the specific legal consequences for allowing underage individuals to operate vehicles.
Individuals who permit unqualified individuals to drive may face administrative or criminal penalties depending on the severity of the incident.
According to Decree No. 168/2024/ND-CP, which took effect on January 1, 2025, on sanctioning administrative violations in the field of road traffic order and safety in road traffic, individuals who allow unqualified individuals (underaged or without a driver’s license) to operate vehicles will be fined between VND 8-10 million, while organizations will face fines ranging from VND 16-20 million.
The legal age for operating vehicles and driving motorbikes is as follows:
Individuals aged 16 and above are permitted to drive motorbikes.
Individuals aged 18 and above are eligible for a driver’s license in categories A1, A, B1, B, and C1. They can also obtain a certificate of legal knowledge training to operate specialized motor vehicles for road traffic.
In terms of criminal liability: According to Article 264 of the 2015 Criminal Code (amended in 2017), individuals who allow others whom they know do not possess a driver’s license, are under the influence of alcohol or drugs, or do not meet other conditions specified by law to operate vehicles for road traffic, resulting in harm to others, shall be subject to a fine ranging from VND 10,000,000 to VND 50,000,000 or non-custodial reform for up to three years if the driver commits any of the following violations:
Causing death.
Causing injury or health damage to one person with a bodily injury rate of 61% or more.
Causing injury or health damage to two or more persons, with a total bodily injury rate of 61% to 121% for these individuals.
Causing property damage worth VND 100,000,000 to less than VND 500,000,000.
The penalty shall be a fine ranging from VND 50,000,000 to VND 200,000,000 or imprisonment from six months to three years if the violation falls under any of the following circumstances:
Causing the death of two people.
Causing injury or health damage to two or more persons, with a total bodily injury rate of 122% to 200% for these individuals.
Causing property damage worth VND 500,000,000 to less than VND 1,500,000,000.
The penalty shall be imprisonment from two to seven years if the violation falls under any of the following circumstances:
Causing the death of three or more people.
Causing injury or health damage to three or more persons, with a total bodily injury rate of 201% or more for these individuals.
Causing property damage worth VND 1,500,000,000 or more.
Offenders may also face additional fines ranging from VND 10,000,000 to VND 30,000,000.
TH (Tuoitrethudo)
Illustrative image: Internet
