Would a driver who proceeds beyond a red light stop line and subsequently reverses back to the correct position be subject to a penalty?

Scenario: Would a driver who proceeds beyond a red light stop line and subsequently reverses back to the correct position be subject to a penalty?

Lawyer’s Consultation:

Pursuant to Clause 2, Article 11 of the Law on Road Traffic Order and Safety 2024, road users must comply with the command of traffic control personnel and the directions of the road signal system.

Point a, Clause 1, Article 7 of Decree No. 168/2024/ND-CP dated December 26, 2024, of the Government clearly states that failure to comply with the instructions and directions of traffic signs and road markings constitutes a violation of the law.

Furthermore, Article 51 of the National Technical Regulation on Road Signals QCVN 41:2024/BGTVT (promulgated with Circular No. 51/2024/TT-BGTVT dated November 15, 2024, of the Ministry of Transport) stipulates that when road markings are used in conjunction with traffic lights and signs, road users must comply with the meaning and instructions of both the road markings and the traffic lights and signs as prescribed.

Pursuant to Section G2.1 of Appendix G of the aforementioned Regulation, stop lines are designated as line 7.1, with the following meanings:

(i) Define the position where vehicles must stop to await a signal permitting further movement.

(ii) Constitute the mandatory stopping position for vehicles when a red light is displayed or a R.122 sign (“Stop” sign) is present.

(iii) Stop lines are also utilized in various other situations, including: on access roads leading to at-grade railway crossings, within left-turn queuing lanes at intersections, and preceding pedestrian crosswalks.

Based on the foregoing provisions, it is evident that stop lines at signalized intersections serve to clearly delineate the mandatory stopping position for vehicles participating in traffic. Accordingly, when a red light signal is illuminated, the vehicle operator must stop before the stop line and is not permitted to proceed beyond the solid white line, even if only partially.

Therefore, the act of operating a vehicle beyond the stop line when the light is red, even if subsequently reversing behind the line, shall still be considered a violation. This is because, at the moment the vehicle crossed the stop line, the operator failed to comply with the road traffic signal. To be explicit, the violation is deemed complete at the point of crossing the line, and the subsequent act of “reversing” does not alter the fundamental nature of the infringement. Consequently, such conduct remains subject to legal penalties as prescribed by law.

Source: Master & Attorney-at-Law Vo Dan Mach in response to Ho Chi Minh City Law Newspaper