Thông tư 39/2012/TT-BGTVT

CIRCULAR

GUIDING THE IMPLEMENTATION OF NATIONAL TECHNICAL REGULATION ON TRAFFIC INFRASTRUCTURE, ASSISTANCE TOOL AND PRIORITY POLICY FOR THE DISABLED PARTICIPATING IN PUBLIC TRANSPORT

Pursuant to the Law on Disability No. 51/2010/QH12 of the National Assembly dated 17/06/2010;

Pursuant to Decree No. 51/2008 / ND-CP dated 22/04/2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 28/2012 / ND-CP dated 10/04/ 2012 of the Government detailing and guiding the implementation of some articles of the Law on Disability;

At the request of the Director of Department of Environment;

The Ministry of Transport issues the Circular guiding the implementation of national technical regulation on traffic infrastructure, assistance tool and priority policy for the disabled participating in public transport.

Article 1. Scope of regulation and subjects of application

1. Scope of regulation:

This Circular guides the implementation of national technical regulation on traffic infrastructure, assistance tool and priority policy for the disabled participating in public transport.

2. Subjects of application:

a) The organizations and individuals involved in the fields: design, construction, acceptance of structure of traffic infrastructure and passenger transport by public means of transportation.

b) The disabled as stipulated in Clause 1, Article 2 of the Law on Disability;

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Public means of transportation consists of: bus, passenger coach along fixed route, airplane, train (including urban railway vehicles) passenger ship and ferry.

2. Stop or parking lot: is the place where the public means of transportation stops or parks for passengers to get on and off:

3. Station and railway station: including station, shelter, rest stop on railroad transport routes; railway station, urban railway station, urban railway parking lot; airport terminal, passenger port and landing stage.

4. Accessible means of transportation: is the public means of transportation meeting the national technical regulations on accessible traffic so that the disabled could access and use them.

Article 3. Implementation of technical regulations and standards of traffic infrastructure for the access and use of the disabled

1. When designing, building and performance acceptance of traffic infrastructure, the investor must apply the system of technical regulations and standards of accessible traffic:

a) Streets and pavements in urban areas apply Clause 47, Article 4 of Regulation QCXDVN 01: 2002 Regulation on works construction to ensure the disabled can access to use which the Ministry of Construction has issued (hereinafter referred to as QCXDVN 01 : 2002).

b) For the stop, parking lot, station and railway station:

- The entrance to the building must ensure the access and use for the disabled. The technical requirements for the entrance must comply with Clause 4.1 and 4.2, Article 4 of QCXDVN 01: 2002.

- The shelter area must have seats for prioritized subjects including the disabled. The specification, number and priority seat arrangement comply with the Point 4.4.3, Clause 4.4, Article 4 of QCXDVN 01: 2002. The seat area for the disabled must have sign or signal for them to recognize and use. The specification of sign and signal complies with Clause 4.8, Article 4 of QCXDVN 01: 2002.

- The public space in stations and railway stations (ticketing area, services area, toilets, lifts, cashpoint, emergency exit) must meet the requirements of Clause 4.4 and Clause 4.6 of Article 4 QCXDVN 01: 2002.

2. For the streets and pavements in urban areas; stops, parking lot, station and railway station that were built before the effective date of this Circular, the organizations and individuals managing and using must make plan for renovation to meet the provisions in Clause 1 of this Article. The roadmap for renovation of works must comply with the provisions in Clause 1, Article 13 of Decree No. 28/2012/ND-CP dated 10/4/2012 of the Government detailing and guiding the implementation of some articles of the Law on Disability (referred to as Decree No. 28/2012/ND-CP).

Article 4. Accessible means of transportation

1. The organizations and individuals doing business in public passenger transportation by bus must make the plan for investment and renovation of vehicles to meet the regulations on accessible traffic. The number of accessible means of transportation on each transportation route by bus must meet the percentage stipulated by the People’s Committee of provinces and centrally-run cities under Point a, Clause 1, Article 14 of Decree No. 28/2012/ND-CP.

2. The organizations and individuals doing business in public passenger transportation by train must make the plan for investment and renovation of passenger wagons to meet the technical requirements for accessible traffic specified in Section 2.2 of the national technical Regulation on wagon testing and acceptance upon manufacturing, assembly and new import QCVN 18 : 2011/BGTVT issued by the Ministry of Transport; the number of accessible means of transportation complies with Point b, Clause 1, Article 4 of Decree No. 28/2012/ND-CP.

3. The organizations and individuals are encouraged to do business in public passenger transport by the types of means of transportation not yet specified in Clause 1 and 2 of this Article; make investment and renovation of accessible means of transportation arranged on passenger transportation routes to serve the needs for traffic participation of the disabled.

Article 5. Priority policy for the disables upon participation traffic by public means of transportation

1. Priority given upon ticket buying and seat arrangement:

a) When using the public means of transportation, the disabled are given the priority to buy tickets at the tiket office and use seats given to the prioritized subjects.

b) The organizations and individuals doing business in public passenger transportation must give assistance, instructions and make convenient seat arrangement for the disabled and give assistance to the severe or particularly severe disabled when they get on and off the vehicles and arrange their luggage as needed.

2. Grant the exemption or reduction of ticket or service price to the disabled when they use the public means of transportation.

a) The severe or particularly severe disabled shall be entitled to the exemption or reduction of ticket as stipulated in Article 12 of Decree No. 28/2012/ND-CP when they use the public means of transportation.

b) The rate of reduction of ticket or service price for the disabled shall be prepared and announced for implementation by the organizations and individuals managing the business of passenger transportation by the public means of transportation but must not lower than the ticket reduction rate specified in Clause 2, Article 12 of Decree No. 28/2012/ND-CP.

c) The disabled who use their popular non-motor wheelchairs or use their hand tools for their movement shall be exempted from the luggage charges towards such wheelchairs or tools upon use of public means of transportation.

d) The disabled subject to reduction of ticket or service price by different modes shall be entitled to the highest reduction rate only.

3. Assistance information to the disabled

a) Organizations and individuals managing and doing business in passenger transportation by public means of transportation must arrange the equipment, tools and employees to assist the disabled to get on and off the vehicles for convenience. This assistance plan must be announced at recognizable place at station and railway station for the disabled to access and use.

b) The organizations and individuals managing and doing business in stop, parking lot, station and railway station and passenger transportation by public means of transportation are encouraged to organize the divisions and information portal to receive complaints, give instructions, answers and assistance to the disabled when they use the public means of transportation.

Article 6. Responsibility of subjects participating in the traffic by the public means of transportation

1. The passengers participating in the traffic by the public means of transportation should give up their seats or give the priority to the disabled; coordinate with the staff of the transporting units to assist the disabled to participate in traffic safely and conveniently

2. The passengers as the disabled must present their disability certificate for exemption or reduction of ticket or service price of public means of transportation as stipulated in Clause 3, Article 12 of Decree No. 28/2012/ND-CP

Article 7. Implementation organization

1. The Vietnam Road Administration and the specialized management Agencies must provide instructions, inspect or urge the implementation of regulations of law on the disabled and other provisions in this Circular within their management functions.

2. The Vietnam Registry must develop the national technical regulation system on accessible means of transportation; carry out the inspection and certification of compliance with the national technical regulation on accessible traffic of all vehicles.

3. The Departments of Transport must:

a) Develop the regulation on percentage of accessible means of transportation for each passenger transportation route by bus as stipulated under Point a, Clause 1, Article 14 of Decree No. 28/2012/ND-CP and submit it to the People’s Committee of provinces and centrally-run cities for approval.

b) Guide, inspect and urge the implementation of regulations of law on disability and the provisions of this Circular; calculate the renovation and upgrading of stop, parking lot, station and railway station and accessible means of transportation under the roadmap specified in Clause 1, Article 13 and Clause of Article 14 of Decree No. 28/2012/ND-CP and make periodical report to the Ministry of Transport in December annually.

Article 8. Effect and implementation responsibility

1. This Circular takes effect from 01/12/2012.

2. Where the referred regulations applied in this Circular are changed, added or superseded, the new documents shall apply.

3. The Chief of ministerial Office, ministerial Chief Inspector, Directors of Departments, General Director of Vietnam Road Administration, Directors of Agencies, Directors of Departments of Transport, heads of bodies and relevant organizations or individuals are liable to execute this Circular./.