The Road Traffic Safety and Order Law has been approved by the National Assembly and is set to come into effect soon. Therefore, road users need to update themselves with the latest regulations regarding driving licenses classifications to comply with the law. Specifically, according to the Draft Law on Road Traffic Safety and Order, the Ministry of Public Security has proposed a reclassification of driving licenses for those who operate large-displacement motorcycles, and these changes are entirely new compared to the regulations in Circular 02/2017/TT-BGTVT. In this article, Apolo Lawyers will provide essential information for drivers of motorcycles under 175cc regarding changes in license classifications and related issues, so you can drive safely and avoid unjust penalties

1. Basic changes in driving license classifications

The 2024 Road Traffic Safety and Order Law, passed by the National Assembly, sets forth regulations on road traffic rules; road traffic vehicles; operators of vehicles participating in road traffic; traffic command and control; patrol and inspection of road traffic safety and order; resolution of road traffic accidents; and state management of road traffic safety and order.

According to Article 57 of the Draft Law on Road Traffic Safety and Order, the Ministry of Public Security has proposed the reclassification of driving licenses as follows: Category A1 licenses will be issued to drivers of two-wheeled motorcycles with engine displacement up to 125 cm³ or electric motor power up to 11 kW, and Category A licenses will be issued to drivers of two-wheeled motorcycles with engine displacement over 125 cm³ or electric motor power over 11 kW and for vehicles specified for Category A1 licenses.

This is a significant change that drivers of large motorcycles under 175 cm³ (175 cc) need to be aware of. Previously, according to Circular 02/2017/TT-BGTVT, those operating two-wheeled motorcycles with engine displacement of 175 cm³ or more and vehicles specified for Category A1 licenses were issued Category A2 licenses, while those operating two-wheeled motorcycles with engine displacement from 50 cm³ to under 175 cm³ were issued Category A1 licenses. However, under the new Draft Law on Road Traffic Safety and Order, only Categories A and A1 remain.

Thus, drivers of motorcycles under 175 cc and over 125 cc, who were previously issued Category A1 licenses under Circular 02/2017/TT-BGTVT, will now be required to use Category A licenses according to the Draft Law on Road Traffic Safety and Order.

This raises the question: Do those who currently hold A1 licenses need to change their license category in order to continue operating large motorcycles with engine displacement over 125 cc and under 175 cc?

2. Important considerations for operators of large motorcycles with engine displacement over 125 cc and under 175 cc regarding changes in license classification ?

According to Article 62 of the Draft Road Traffic Safety Law, cases eligible for license renewal or reissuance include:

"Article 62. Issuance, renewal, reissuance, and revocation of driving licenses

2. Individuals holding a driving licenses may have their license renewed or reissued in the following cases:

a) The driving licenses is lost;

b) The driving licenses is damaged and cannot be used;

c) Prior to the expiration date on the driving licenses;

d) Change of information on the driving licenses;

đ) A foreign driving licenses issued by a competent foreign authority that is still valid;

e) Driving licenses issued by the Ministry of National Defense or the Ministry of Public Security when requested, or when the holder no longer performs defense or security duties."

Is it necessary to change the driving license category for using motorcycles under 175 cc?

Additionally, according to the provisions of Article 89 regarding transitional provisions, those who currently hold an A1 license and are not subject to renewal, reissuance, or revocation under Article 62 may continue to use their license as usual until the expiration date indicated on the license. Specifically:

"Article 89. Transitional provisions

1. Driving licenses issued before the effective date of this Law may continue to be used until the expiration date indicated on the license.

2. Driving licenses issued before the effective date of this Law that have not yet been renewed or reissued under the provisions of this Law may be used as follows:

a) A1 licenses may continue to be used to operate two-wheeled motorcycles with an engine displacement from 50 cm³ to under 175 cm³ or with electric motor power from 04 kW to under 14 kW;

b) A2 licenses may continue to be used to operate two-wheeled motorcycles with an engine displacement of 175 cm³ or more or with electric motor power of 14 kW or more, as well as vehicles specified for A1 licenses as stated in point a of this clause.

..."

Therefore, if an operator of a large motorcycle with an engine displacement over 125 cc and under 175 cc has not lost their driving licenses, the license is still valid and usable, and there are no changes to the information on the license, they do not need to switch to an A license under the provisions of the new Draft Law. They can simply continue using their current license until it expires.

3. The purpose of changing the classification of driving licenses.

The purpose of changing the classification of driving licenses is to align domestic regulations with the Vienna Convention of 1968; facilitate Vietnamese citizens living and studying in Vienna Convention member countries by eliminating the costs of converting and learning to obtain a driving licenses; and to make it easier for investors and foreign visitors coming to Vietnam for investment, tourism, and travel, thereby contributing to the development of the economy, tourism, commerce, international cooperation, investment, production, assembly, and import of domestic and international vehicles through standardized vehicle classification and driving licenses systems.

To ensure that the new classification regulations do not have a significant impact and are effectively implemented, the issuance of driving licenses under the new classification will be carried out for first-time applicants and for those renewing or reissuing licenses. Existing driving licenses issued before the enactment of this Law will continue to be used according to the validity and expiration dates indicated on them.

Is it necessary to change the driving license category for using motorcycles under 175 cc?

Currently, driving licenses; certificates of legal knowledge on road traffic; specialized motorcycle control certificates; vehicle registration documents or certified copies of vehicle registration documents with the original receipt from financial institutions (while the financial institution retains the original vehicle registration); inspection certificates, technical safety and environmental protection stamps, certificates confirming the validity period of inspection certificates and stamps (for vehicles requiring inspection); and mandatory insurance certificates for motor vehicles...

When the information on these documents is integrated and updated in the electronic identity card, electronic identification account on the National Identification Application (VNeID) in the database managed by the Ministry of Public Security, it will be checked and controlled through information in the electronic identity card and electronic identification account on the National Identification Application (VNeID). This database will serve as valid verification in place of physical document checks.

During the process, if an individual presents their documents via VNeID, the authorities will temporarily retain the documents in the electronic environment.