Thông tư 01/2003/TT-BGTVT

CIRCULAR

GUIDING THE WEARING OF CRASH HELMETS WHEN RIDING MOTORBIKES AND MOPEDS

Pursuant to Clause 2, Article 28 of Land Road Traffic Law No. 26/2002/QH10, which was passed on June 29, 2001 by the Xth National Assembly at its 9th session, and takes effect as from January 1, 2002;
Pursuant to Resolution No. 02/2001/NQ-CP of March 2, 2001 of the Government’s regular meeting;
Pursuant to the Government’s Resolution No. 13/2002/NQ-CP of November 19, 2002 on solutions to check the rise in, and proceed to reduce, traffic accidents and congestion;
In order to limit casualties or malformation due to brain injuries caused to people sitting on motorbikes and mopeds, who unfortunately get traffic accidents when joining in land road traffic;
The Ministry of Communications and Transport hereby specifically guides the compulsory wearing of crash helmets when riding motorbikes and mopeds as follows:

I. GENERAL GUIDANCE

1. The wearing of crash helmets aims to protect people sitting on motorbikes and mopeds, who unfortunately get traffic accidents when moving on Vietnam’s land road system, reduce deaths and malformation due to brain injuries.

2. Motorbikes and mopeds moving on land roads are classified as follows:

a/ Motorbikes are land-road motorized two- or three-wheelers operated by engines with cylinder capacity of 50 cm3 or over and a total weight of up to 400 kg each.

b/ Mopeds are land-road motorized two-wheelers operated by engines with cylinder capacity of under 50 cm3 and a maximum designed speed of not more than 50 km/h.

3. People who sit on motorbikes and mopeds moving on Vietnam’s land road system are Vietnamese or foreign nationals, are vehicle operators (or vehicle drivers) and pillion riders.

4. Vietnam’s land road system includes national highways, provincial roads, district roads, commune roads and special-use roads.

5. Crash helmets for people riding motorbikes and mopeds (hereafter called crash helmets for short) are those produced under Vietnam’s Standard TCVN 5756-2001 and recognized by Vietnam’s expertising agency for their compatibility with quality standards and affixed with stamps certifying such expertise.

II. SPECIFIC GUIDANCE

1. The compulsory wearing of crash helmets by people sitting on motorbikes and mopeds (including children and the disabled) when moving on Vietnam’s land road system on land road sections and routes with signal boards "Road sections where helmet wearing is compulsory for people sitting on motorbikes and mopeds." These land road sections and routes are specified on the list of "national highways’ route sections and routes where helmet wearing is compulsory for motorbike and moped riders" in the appendix to this Circular.

2. Vietnam Land Road Administration, the provincial/municipal Communications and Transport as well as Communications and Public Works Services shall have to:

a/ Direct the land road-managing units:

+ To further add signal boards and complete the placement of signal boards to clearly mark the limit and range of cities’ and towns’ inner areas and organize the placement of guiding boards inscribed with the contents: "Road sections where helmet wearing is compulsory for people sitting on motorbikes and mopeds" in the system of land roads under their respective management so that people sitting on motorbikes and mopeds know and wear crash helmets.

+ Characteristics of the boards "Road sections where helmet wearing is compulsory for people sitting on motorbikes and mopeds" are as follows:

- The boards are blue with white letters and 240 cm x 200 cm size, for roads with between 1 and 3 lanes and without median strips.

- Boards of 360 cm x 300 cm size, for roads with 4 lanes or more and with median strips

- Boards are placed at both ends of the routes, to the right, not hidden from vision, clear, easily noticeable and compatible with the regulations of the "Land Road Signals Regulation 22 TCN 237-01" for people sitting on motorbikes and mopeds to observe, thus ensuring traffic safety, and one board placed every between 40 km and 50 km.

+ Tempo of placement of boards: For the system of land roads, the placement of guiding boards "Road sections where helmet wearing is compulsory for people sitting on motorbikes and mopeds" must be completed before January 31, 2003.

b/ Widely announce on the central and provincial mass media the regulations on helmet wearing, as well as road sections and routes where helmet wearing is compulsory according to the Government’s regulations and this Circular’s guidance.

c/ Direct the traffic inspectorate:

- To closely coordinate with the Traffic Safety Board and local administrations in enhancing the work of propagation and dissemination of the Land Road Traffic Law, the Government’s Resolution No. 13/2002/NQ-CP of November 19, 2002 and this Circular’s guidance.

- Within the scope of their respective tasks and powers, to coordinate with the traffic police and military control forces in handling people sitting on motorbikes and mopeds without wearing crash helmets while riding along road sections where crash helmet wearing is compulsory.

3. The competent State agencies shall have to publicly announce on the mass media the places where crash helmets are expertised, the crash helmet expertising process and criteria so that the crash helmet-producing and –trading enterprises know and have their helmets expertised, and at the same time announce fully and in detail the expertise stamp affixed on crash helmets as well as marks and types of crash helmets already expertised so that people know when buying them.

4. The People’s Committees of the provinces and centrally-run cities shall devise plans on directing the district, commune and ward People’s Committees to coordinate with and create conditions for the land road-managing units to place the signal boards marking the cities’ and towns’ inner areas and guiding boards "Road sections where helmet wearing is compulsory for people sitting on motorbikes and mopeds," and at the same time direct the provincial/municipal Communications and Transport Services, Communications and Public Works Services and functional agencies in stepping up the work of propagation and dissemination of the Government’s and the Communications and Transport Ministry’s regulations on the wearing of helmets when riding motorbikes and mopeds in appropriate forms, thus creating a vigorous change in their perception and raising the sense of law observance of people joining in traffic.

5. Officials and public servants of State agencies; students of universities and colleges; as well as pupils of intermediate vocational training and job-training schools shall have to be exemplary in wearing crash helmets under the Government’s Resolution No. 13/2002/NQ-CP of November 19, 2002 and this Circular’s guidance when riding motorbikes and mopeds along the road sections and routes where helmet wearing is compulsory.

6. To mobilize and encourage all people sitting on motorbikes and mopeds to wear crash helmets when moving on city and town streets.

III. IMPLEMENTATION ORGANIZATION

1. The director of Vietnam Land Road Administration, the directors of the provincial/municipal Communications and Transport as well as Communications and Public Works Services, and the director of the Registry of Vietnam shall have to organize the implementation of this Circular and closely coordinate with the Justice, Health, Culture and Information, and Public Security Services of the provinces and centrally-run cities in uniformly propagating and disseminating the wearing of crash helmets to people throughout the country.

2. The Market Management Department (the Ministry of Trade), the General Department of Customs (the Ministry of Finance) and the concerned agencies are requested to take active measures to inspect and handle those crash helmets not compatible with the standard (TCVN-5756), which are imported into, produced or sold on the Vietnamese market.

3. This Circular takes effect after its signing and replaces the Communications and Transport Minister’s Circular No. 08/2001/TT-BGTVT of May 16, 2001 guiding the wearing of crash helmets when riding motorbikes and mopeds.

In the course of implementation, if any problems arise, concerned agencies, units and people are requested to promptly report them to the Ministry of Communications and Transport for consideration and settlement.