1. How is the age for motorcycle driver's license determined?
Currently, the most common motorcycle driver's license is the A1 category. According to Article 59 of the 2008 Law on Road Traffic, the A1 category is issued to motorcycle riders with a cylinder capacity of 50
- under 175 cc. In addition, motorcycle riders with a cylinder capacity of 175 cc or more must have an A2 category driver's license. To be issued a driver's license for these categories, learner drivers must meet the conditions stated in Article 7 of Circular 12/2017/TT-BGTVT:
- Be a Vietnamese citizen or a foreigner residing, working, or studying in Vietnam;
- Meet the age requirement (counted until the date of the driving test), health condition, and educational level as prescribed.
The age for motorcycle drivers is regulated in Article 60 of the Law on Road Traffic as follows:
Individuals aged 16 or older can ride motorcycles with a cylinder capacity below 50 cc;
Individuals aged 18 or older can ride motorcycles with a cylinder capacity of 50 cc or more, including two-wheeled and three-wheeled motorcycles and similar vehicles.
Therefore, individuals aged 18 or older are eligible to take the motorcycle driver's license test for the A1 category or higher. The age for the driving test is calculated from the date of birth recorded in the birth certificate to the date of participating in the driving test. This means that individuals who are not yet 18 years old can still register for the A1 driver's license test, but the test date must be after their 18th birthday. For individuals aged 16 to under 18, although they are not eligible to take the driver's license test, they are still allowed to ride motorcycles with a cylinder capacity below 50 cc. For this type of vehicle, the Law on Road Traffic does not provide guidance on issuing a license to the rider, so those who participate in traffic with motorcycles below 50 cc do not need a driver's license.
2. What are the penalties for riding a motorcycle without reaching the minimum age?
Motorcycle riders who are not yet of legal age will be subject to administrative penalties under Clause 4 of Article 21 of Decree 100/2019/ND-CP:
- Verbal warning: Individuals aged 14 to under 16 who ride motorcycles, mopeds (including electric motorcycles), and similar vehicles;
- Fines ranging from 400,000 to 600,000 VND: Individuals aged 16 to under 18 who ride motorcycles with a cylinder capacity of 50 cc or more.
Therefore, riding a motorcycle without reaching the minimum age will result in a verbal warning or a fine of up to 600,000 VND, depending on the age of the violator. In addition, the Traffic Police are also authorized to temporarily impound the vehicle for a maximum of 7 days before deciding on penalties for underage motorcycle riding (Point i, Clause 1, Article 82 of Decree 100/2019/ND-CP).
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