Proposal on regulations for traffic accident scene investigation

Proposal on regulations for traffic accident scene investigation
The proposed content on regulations for traffic accident scene investigation is being consulted in the draft Circular of the Ministry of Public Security.
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Regulations on traffic accident scene investigation according to the draft Circular

Recently, the Ministry of Public Security is drafting a Circular regulating the investigation and settlement process of road traffic accidents by the Traffic Police. It is expected to replace Circular 63/2020/TT-BCA dated June 19, 2020 of the Minister of Public Security regulating the investigation and settlement process of road traffic accidents by the Road Traffic Police.

Regulations on traffic accident scene examination according to the draft Circular
Specifically, Article 8 of the draft Circular proposes regulations on traffic accident scene examination as follows:

– The examination of the scene for traffic accidents with one of the signs specified in Point a, Clause 7, Article 6 of the draft Circular shall be carried out in accordance with the provisions of the Criminal Procedure Law.

– The examination of the scene for traffic accidents without one of the signs specified in Point a, Clause 7, Article 6 of the draft Circular shall be carried out in accordance with Clauses 3, 4, 5, 6 and Clause 7, Article 8 of the draft Circular.

– Things to do before examining the scene

+ Receive the work of the scene protection unit;

+ Determine the scope of the scene; location of the victim, evidence, means, traces; determine whether the scene is intact or has been disturbed. Use the camera provided to the Traffic Police to record the entire scene before the examination;

+ Determine the composition of the examination

Depending on the nature and severity of the traffic accident, invite appropriate participants to participate in the examination, such as: Criminal technical officers; Fire prevention, firefighting and rescue police; Commune, ward, town police, Stations where the traffic accident occurred; representatives of road vehicle inspection facilities or individuals and organizations with expertise (related to the examination of road motor vehicles); representatives of road management units, representatives of construction management units, representatives of technical units of construction related to the accident (for traffic accidents related to bridges, roads, tunnels); representatives of commune-level authorities where the traffic accident occurred; representative of the establishment, enterprise (person with specialized knowledge in the field of price, property valuation) to determine the initial value of property damage; witnesses; persons with related rights and obligations;

+ Assign tasks to members participating in the examination;

+ Select the examination method; determine the appropriate examination direction; determine the reference object (landmark point), the edge of the standard road to locate the location of the victim, evidence, means, and traces. The reference object must be durable over time and location, easy to recognize, convenient for measuring and drawing a diagram of the scene;

+ Prepare means, technical equipment, and tools for the examination of the scene.

– Conducting scene investigation

When conducting scene investigation, it is necessary to make a record of the scene investigation of the road traffic accident according to form No. 05/TNDB issued under the draft Circular and draw a diagram of the scene investigation of the road traffic accident according to form No. 06/TNDB issued under this Circular; the diagram of the scene must be consistent with the scene investigation record. The specific scene investigation is as follows:

+ Observe the entire area where the traffic accident occurred to determine the location of the victims, evidence, vehicles, and traces related to the traffic accident at the scene;

+ Based on the direction of the investigation, the landmark at the scene to mark in natural order the locations of all victims, evidence, vehicles, and traces related to the traffic accident;

+ Take photos of the scene, including: general scene photos, partial scene photos, camera footage (if any); Take photos of victims, evidence, vehicles, and related traces and set a scale. The photography of the scene must be made into a Scene Photo Sheet, arranged in order, with photo captions;

+ Measure and draw a diagram of the scene of the traffic accident: use consistent symbols and measurement units; fully show the traffic organization (system of signs, road markings, traffic lights and other related signaling systems) where the traffic accident occurred; the caption must show the drawing scale, traces, and symbols on the scene diagram;

+ Collect evidence, vehicles, traces for preservation and take comparison samples in accordance with the provisions of law. Traces that are easily changed or deformed must be collected and preserved immediately such as: blood stains, feathers, hair, fibers, gasoline, oil, and other organic chemical traces.

– Make a record of the accident scene investigation.