Thông tư 22/2014/TT-BGTVT

CIRCULAR

GUIDANCE ON ESTABLISHMENT OF PROCEDURES FOR OPERATION OF FERRY TERMINALS, RIVER-CROSSING TERMINALS USING SINGLE-ENDED CAR – PASSENGER FERRIES

Pursuant to the Law on Road traffic dated November 13, 2008;

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004;

Pursuant to the Government’s Decree No. 107/2012/NĐ-CP dated December 20, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of the Director of Department of Transport Infrastructure and Director General of Vietnam Inland Waterway Administration,

The Minister of Transport promulgates the Circular providing guidance on the construction of procedures for operation of ferries using single-ended car-passenger ferries

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

1. This Circular provides guidance on the establishment of procedures for operation of ferry terminals using single-ended car-passenger ferries.

2. This Circular does not regulate ferry terminals on national route system.

Article 2. Regulated entities

This Circular applies to organizations, individuals involved in investment, construction, management, operation and business of ferries, river-crossing terminals (hereinafter referred to as ferry terminals) using single-ended car – passenger ferries.

Article 3. Interpretation of terms

In this Circular, some terms are construed as follows:

1. Ferries mean places that receive and drop off passengers who travel across body of rivers, lakes, lagoons, bays or islands within internal waters.

2. River-crossing terminals mean inland wharves transporting passengers across rivers.

3. Owners mean organizations or individuals involved in the investment and construction of ferry terminals or assigned to be an investor of ferry terminals by competent agencies.

4. Terminal operating owners means organizations or individuals that use ferry terminals for business and exploitation of transportation.

5. Single-ended ferry means a self-propelled watercraft allowing passengers and transport vehicles to get onto and off at one end of the ferry.

6. Loading capacity of a single-ended ferry means a maximum of permissible quantity of passengers, goods and transport vehicles according to the law.

7. Vehicle owners mean organizations or individuals that own, manage or use single-ended ferries in activities of transport from and to ferry terminals.

8. Single-ended ferry driver means a person who is in direct control of a singled-ended craft to carry passengers, goods and transport vehicles from and to ferry terminals.

9. Shift head means a person who is assigned by the terminal operating owner to handle activities at ferry terminals and is responsible to the law and the terminal operating owners during the shift

10. Terminal staff means persons who are assigned by terminal operating owners to perform tasks during a shift including shift heads, guards, managers, fare sellers and guides.

Article 4. Conditions for operation of ferries

Singled-ended car – passenger ferries must satisfy regulations of the Law on Inland Waterway Navigation, the Law on Road traffic, and applicable technical regulations, standards when carrying out the delivery of passengers and cars, be established or granted operation permit by competent state agencies, have operation process approved by competent agencies; delivery is confined to passengers or cars of 3.5 ton and 16 seats.

Article 5. Requirements for operation and exploitation of ferries

1. Works of ferry terminals:

a) Ferry terminals must satisfy provisions set out in the Minister of Transport’s Circular No. 25/2010/TT-BGTVT dated August 30, 2010 regulating management of ferries and inland wharves;

b) Ferry terminals must satisfy technical requirements as prescribed in applicable standards, prescribed requirements for inland waterways, have parking lots and lounges arranged outside entrance gates;

c) Ferry terminals must be established by competent state agencies or granted operation permit;

d) Ferry terminal surface must be firm, anti-slippery and clean without hot-poles and obstacles. Anchor poles must be guaranteed in number and technical quality; space must be arranged in such a way to enable cars to turn around or move forward;

dd) Paths leading to ferry terminals must be constructed with two lanes; pickets, signals, fare board, gates and fence must be sufficiently constructed. A separation between passengers and transport vehicles must be clearly defined.

e) Hoists that are capable of hauling highest payload vehicles must be arranged in case of emergency.

2. Ferries:

a) Certificate of inland watercraft registration as prescribed by the Law on Inland Waterway Navigation, unexpired certificate of technical safety and environmental protection for inland watercraft, unexpired civil liability insurance and other relevant papers as prescribed are required. Registration plates and draughts of watercraft must be painted or attached thereon with permissible number of passengers being specified.

b) Quality standards must be guaranteed and written confirmation of operation conditions must be obtained from register offices;

c) Life saving, rescue and fire safety equipment must be sufficiently equipped as prescribed;

d) Seats intended for the disabled, old people, women and children must be designed;

3. Crew and terminal staff:

a) Ferry drivers must obtain certificates of professional competence in conformity with the vehicles they are operating; Crew and ferry drivers must be delegated according to the list of crew. Ferry drivers are not permitted to assign driving job to other drivers who have their driving license or certificate of professional competence revoked.

b) Crew must be trained in professional competence of traffic safety and shall be granted certificates by competent state agencies. Crew is also responsible for instructing passengers and cars to get on and off ferries in a safe and convenient way.

c) Crew working on inland watercraft must satisfy requirements as set out in Article 29 of the Law on Inland Waterway Navigation.

d) Crew and terminal staff must be equipped with wireless communication devices to ensure operation is safe and smooth.

4. Goods:

a) Goods including live animals carried by cars must be firmly fastened before getting off ferries; cars, three-wheel or four-wheel motor vehicles must be fixed with car stoppers;

b) Goods listed as prohibited from transport shall be not permitted; For goods such as gas, petroleum, LPGs, they must be arranged in separation; Gas tanks, petroleum tanks carried by passengers must be placed in separate positions to ensure safety on ferries.

Chapter II

ESTABLISHMENT OF PROCEDURES FOR OPERATION OF FERRY TERMINALS

Article 6. Requirements for procedures for operation of ferry terminals

1. Procedures for operation of ferry terminals must be established in conformity with scale of terminals, category of single-ended ferries, terminal equipment and use purposes;

2. Procedures for operation must guarantee safety for passengers and vehicles, requirements for fire and explosion safety, life saving, rescue in case of emergency; constant operation must be guaranteed to the maximum;

Article 7. Foundations for establishment of procedures for operation of ferry terminals

Foundations for establishment of procedures for operation of ferry terminals include:

a) Documentation of technical design;

b) Natural conditions at ferry terminals;

c) Performance, capacity, characteristics and nature of single-ended ferries;

d) Manufacturer’s handbooks, instruction manuals of equipment operation;

dd) Regulations on traffic, labor and environmental safety;

e) Other relevant regulations;

Article 8. Content of procedures for operation of ferry terminals

Procedures for operation of ferry terminals include regulations on traffic organization, operation loading, slope and speed of getting on and off ferries, arrangement of lanes, waiting areas for ferry arrivals, car U-turn areas, order of getting on and off ferries; sequence of operation of single-ended ferries and terminal equipment, rescue and life-saving equipment, regulations on rescue, life saving and fire and explosion safety; regulations on transport of passengers and road vehicles; regulations on traffic safety in the operation of ferry terminals; regulations on activities of ferry terminals, freights; responsibilities of organizations and individuals involved in the operation of ferry terminals.

Article 9. Establishment, assessment and approval for procedures for operation of ferry terminals

1. Owners shall be responsible for the establishment of procedures for operation of ferry terminals and making the submission to the Services of Transport for consideration and approval.

2. In case the owner can not establish procedures for operation of ferry terminals, he/she can hire a qualified consultant to perform the job as prescribed and shall be responsible for paying the consultancy fee.

3. The Services of Transport shall be responsible for the examination and approval for the procedures for operation of ferry terminals including actual conditions of ferry terminals according to applicable regulations;

Article 10. Documentation and sequence of examination and approval for procedures for operation of ferry terminals

1. Components of documentation:

a) Written request for examination and approval according to Form as prescribed in Appendix hereof (original);

b) Establishment Decision or unexpired operation permit granted by competent state agencies (notarized copies);

c) Certificate of inland watercraft registration (notarized copies);

d) Unexpired certificate of technical safety and environmental protection (notarized copies);

d) Draft procedures for operation of ferry terminals;

e) Other relevant documents;

2. The owner shall send one (01) set of documentation by post or direct to the Services of Transport for consideration and handling. The documentation must specify address and phone number of the sender. Within three working days since receipt of the documentation, upon finding the documentation is inadequate, the Services of Transport shall issue a written notice asking for supplements as prescribed.

3. The examination and decision on approval shall take 20 working days since receipt of the documentation.

Article 11. Adjustments to the procedures for operation of ferry terminals

During the operation of ferry terminals, upon finding any factors affecting operation safety, the owner must make a written proposal for adjustments, supplements or amendments to the procedures in conformity with terminal operation conditions, and make the submission to the Services of Transport for consideration and approval. Documentation and procedures for approval for adjustments to the operation must be in compliance with provisions set out in Article 10 hereof.

Article 12. Regulations on delivery

1. Before delivery:

a) Everyday before carrying out delivery, the shift head must carry out the inspection of the entire ferry terminal and safety facilities Delivery is not permitted if safety is not guaranteed (technical conditions or bad weather);

b) Carry out handover between shifts; two shift heads must inspect the entire ferry terminal, inland watercraft and safety facilities on the watercraft. Carry out repair or remedial work immediately if any damage is detected;

c) Arrange staff, crew (captain, chief engineer, sailors) ready for work and instructing passengers and transport vehicles to get on and off ferries;

d) Guarantee anchor rope is sufficient and in place, fastening wire adequately stretched in accordance with regulations;

2. Boarding the ferry:

a) When safety conditions are fully ensured, the shift head shall order passengers to dismount from vehicles before letting vehicles get onto the ferry using siren, flag or hand signals;

b) Order of boarding the ferry: cars, motorbikes, non-motorized vehicles and passengers;

c) Vehicles are maneuvered one by one to board the ferry. In case a vehicle breaks down at a ramp, the terminal staff must help chock the vehicle. In case the vehicle does not work normally, take measures to pull the vehicle out of the ferry terminal surface;

d) Maneuvering vehicles to move forward onto the ferry: Vehicles are instructed to move forward in the middle of the ramp with a speed of no more than 5km/h and arranged in place on the ferry. After the vehicle is arranged in place, the next ones are ordered to move onto the ferry one by one;

dd) Maneuvering vehicles to move backward onto the ferry: Vehicles are ordered to move to the car U-turn position and move backward onto the ferry with a speed of no more than 5km/h. Terminal staff shall instruct drivers to move and arrange their vehicles on the ferry.

e) Arrangement of passengers, goods and vehicles on the ferry must guarantee the ferry is balanced, not sinking to one side, not plunged down deeply and draught level must be kept in control. Cars and passengers are not permitted to stand on ramps, ferry edges or positions blocking view of ferry drivers;

g) When permissible carrying capacity is reached, close all ferry doors, remind passengers of wearing life vests;

h) Re-check ferry condition safety once again before asking ferry captain for permission to leave the terminal;

3. Across the river:

a) When safety conditions are guaranteed, the shift head shall allow the ferry to leave the terminal; a navigator must be arranged to ensure view of the captain if necessary; communication between the captain and navigator must be established through a walkie-talkie;

b) When the ferry leaves the terminal, if finding necessary to make some adjustments to keep the ferry balanced or re-arrange vehicles, the captain must maneuver the ferry to the terminal again, having all anchor rope firmly secured, asking passengers to dismount from the ferry before making adjustments.

c) Ferries traveling across the river must adhere to the prescribed routes, adequately attached with lights, sirens as signals to other inland watercrafts;

d) When it is covered by thick blanket of fog and visibility is poor at night time and day time, it is necessary to turn on all light signals on the ferry and terminal as prescribed.

4. Arrival at terminals:

a) Before arriving at the terminal, the captain must make notifications to passengers;

b) Order of disembarking: passengers, non-motorized vehicles, motorbikes, cars;

c) After passengers and other vehicles are safely disembarked, the crew shall order the cars to move backward off the ferry onto the terminal and to the car U-turn position. The same way is done for the next cars.

Article 13. Situation handling

1. When the ferry has an accident, use siren, bells or lights to signal ferry terminals at two ends and other inland watercrafts to come to its rescue in a timely manner. Take all necessary measures in an urgent and positive way to save passengers, ferry, properties and other inland watercrafts en route to minimize damage;

2. In case the anchor is cast, notifications must be made to other inland watercrafts.

Article 14. Services and refusal of delivery

1. Terminal staff shall perform their tasks as assigned, comply strictly with regulations and orders given by the commander on instructing passengers and vehicles to board and disembark from the ferry.

2. The staff shall refuse to serve passengers and vehicles onto the ferry in the following cases:

a) Total weight of cars, cargo loaded or number of passengers on the ferry exceed permissible carrying capacity of the ferry as specified in the unexpired certificate of technical safety and environmental protection issued by register agency.

b) Vehicles with vehicular weight exceeding permissible limit of terminal design or permissible carrying capacity of the ferry;

c) Road vehicles do not guarantee technical safety or do not provide lights at night; vehicles carrying heavy, bulky cargo without firm fastening;

d) Passenger cars of more than 16 seats; trucks of more than 3.5 ton;

dd) Passengers do not comply with ferry rules, causing loss of order on the terminal, getting drunk or incapable of civil acts without the accompaniment of relatives or guardians;

e) Paths leading to terminals are muddy; bad weather, limited view; wind, storm and river rising over the prescribed limit;

g) Drivers driving under the influence of alcohol, drugs without adequate capacity to drive their cars onto the ferry as instructed by the staff.

Chapter III

RESPONSIBILITIES FOR MANAGEMENT OF OPERATION OF FERRY TERMINALS

Article 15. Responsibilities of Directorate for Roads of Vietnam

Organize state administration at ferry terminals;

Article 16. Responsibilities of the Vietnam Register

1. Make announcement of samples of single-ended ferries allowed to carry passengers and cars to localities for making new ones or conversion of existing inland watercrafts as prescribed;

2. Direct and instruct register agencies to carry out inspection of technical safety and certificates of technical safety and environmental protection with respect to single-ended ferries allowed to carry passengers and cars as prescribed;

Article 17. Responsibilities of Vietnam Inland Waterway Administration

Provide professional instructions to localities on ensuring operation safety for ferry terminals; monitor and inspect the management of operation of ferry terminals by localities;

Article 18. Responsibilities of the Services of Transport

1. Perform state administration of management of inland waterways transport in the administration division; cooperate with People’s committees of districts, communes in carrying out assessment of documentation and issuance of operation permit;

2. Cooperate with relevant departments, regulatory bodies in organizing the development of this Circular as instructions to participants in traffic and transportation;

3. Direct agencies affiliated to the Service to organize registration of inland watercrafts; provide training and grant certificates of law study on Inland Waterway Navigation, certificates of professional competence and driving license according to law provisions;

4. Direct inspectorate of the Service to conduct inspection of compliance with laws, state regulations and provisions set out hereof by owners, terminal operating owners, ferry owners, ferry drivers and vehicle drivers as they participate in the transportation of passengers and vehicles at terminals; handle violations of the law on inland waterways;

5. For terminals that are situated on administrative divisions between two central-affiliated cities and provinces, cooperate and agree with relevant Services of Transport about management method, transport fare, level of fees to ensure uniformity in the transportation of passengers and transport vehicles at terminals and safety during the operation;

6. Based on general provisions set out hereof, direct owners to formulate detailed procedures for operation of terminals in accordance with actual conditions of terminals under local management;

Article 19. Responsibilities of owners and terminal operation owners

1. Owners:

a) Complete documentation and procedures and make the submission to competent state agencies for issuance of establishment decision or issuance of terminal operation permit as prescribed and take responsibility to the laws for operation of terminals;

b) Formulate procedures for operation of terminals and make the submission to competent state agencies for approval;

c) Comply with provisions set out in Article 21 of the Circular No. 25/2010/TT-BGTVT and other relevant law provisions;

2. Terminal operating owners:

a) Maintain and ensure safety conditions of terminals as prescribed;

b) Inland watercrafts to be put into operation must be registered as prescribed;

c) Make public announcement of time of terminal operation;

d) Arrange adequate number of crew by position, shift heads, terminal staff for managing activities at the terminal;

dd) Comply with provisions set out in Article 22 of the Circular No. 25/2010/TT-BGTVT and other relevant law provisions;

e) Post up notice of terminal rules, ferry fares and hotlines to get feedbacks from passengers;

g) Depending on characteristics of each terminal, make appropriate choice of car U-turn positions to ensure safety and convenience for vehicles boarding and disembarking the ferry;

h) Provide adequate equipment and request crew, ferry drivers, staff, vehicle drivers and passengers to wear life vests or floating kits;

i) Comply with regulations on environmental safety and hygiene, mobilization to participate in activities of rescue and relief in case of emergency;

k) Cooperate and agree with counterpart terminal operating owners about operation management to ensure order and safety;

l) Apply transport fares and fees approved by competent state agencies;

m) Be subject to inspection, supervision and handling by competent state agencies regarding compliance with regulations on inland watercraft and road traffic;

n) Keep ferries, terminals, waiting houses and restrooms clean;

Article 20. Responsibilities of crew and terminal staff

1. The captain must comply with provisions set out in Article 79 of to the Law on Inland Waterway Navigation, the tasks as set out in Article 20 of the Circular No. 25/2010/TT-BGTVT and other relevant law provisions.

2. The shift head shall ensure safety and order; inspect and supervise staff working during the shift in the terminal.

3. Crew and terminal staff must wear uniforms, name badges, personal protective equipment (if any) while working; prove amiable, courteous, polite and whole-hearted toward passengers;

4. Managing staff shall instruct passengers to line up for buying fares, to board and disembark ferries; instruct transport vehicles to board and disembark ferries in a safe and convenient way; request passengers to wear life vests or personnel floating kits;

5. Fare sellers shall deliver fares to passengers according to the fares as posted up at terminals.

6. Guards shall keep order and take care of properties at terminals; instruct passengers to take care of their own luggage;

Article 21. Responsibilities of passengers

1. Comply with instructions and arrangement made by crew; line up to enter terminals;

2. Buy fares before boarding the ferry;

3. Wear life saving kits when boarding the ferry and return them before disembarking;

4. Do not climb or stand on ferry handrails, ramps when the ferry is running;

5. Self- preserve luggage, keep order and hygiene;

6. Car drivers:

a) Have unexpired driver’s license from B1 and over and not be suspended from practice as prescribed;

b) Comply with instructions given by terminal staff, cooperate with crew in ensuring safety when boarding and disembarking vehicles from the ferry;

7. For bikers, bicycle riders, arrange luggage of their own on vehicles neatly and firmly.

Article 22. Handling of violations

Owners, terminal operating owners, vehicle drivers, ferry drivers, road transport vehicle drivers and relevant organizations and individuals that violate this Circular shall be penalized for administrative violations in the area of inland waterways and road traffic or face criminal prosecution according to law provisions;

Chapter IV

IMPLEMENTATION

Article 23. Effect

This Circular takes effect since August 01, 2014.

Article 24. Responsibilities

1. Chief of the Ministry Office, the Chief Inspector, directors general of Ministerial-affiliated Departments, director general of Directorate for Roads of Vietnam, director of Vietnam Register, director of Vietnam Inland Waterways Administration, directors of the Services of Transport of central-affiliated provinces and cities, heads of agencies, organizations and individuals shall be responsible for executing this Circular.

2. Difficulties that arise during the implementation of this Circular should be reported (by organizations and individuals) to the Ministry of Transport for consideration and handling. /.