Thông tư 46/2015/TT-BGTVT

CIRCULAR

ON LOAD CAPACITIES AND DIMENSIONAL LIMITS OF ROADS; OPERATION OF OVERLOAD VEHICLES, OVERDIMENSION VEHICLES AND TRACKED VEHICLES ON PUBLIC ROADS; TRANSPORT OF OVERSIZE/OVERWEIGHT LOAD; LIMITS ON AMOUNT OF GOODS LOADED ONTO ROAD VEHICLES RUNNING ON PUBLIC ROADS

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

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

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

The Minister of Transport promulgates Circular providing for load capacities and dimensional limits of roads; operation of overload vehicles, overdimension vehicles and tracked vehicles on public roads; transport of oversize/overweight load; limits on amount of goods loaded onto road vehicles running on public roads.

Chapter I

GENERAL PROVISIONS

...

...

...

This Circular providing for load capacities and dimensional limits of roads; announcement about operation of overload vehicles, overdimension vehicles and tracked vehicles on public roads; transport of oversize/overweight load; limits on amount of goods loaded onto road vehicles running on public roads.

Article 2. Regulated entities

This Circular applies to organizations and individuals related to the announcement about load capacities and dimensional limits of roads; operation of overload vehicles, overdimension vehicles and tracked vehicles on public roads; transport of oversize/overweight load; limits on amount of goods loaded onto road vehicles running on public roads.

Article 3. Interpretation of terms

In this Circular, these terms can be construed as follows:

1. Gross vehicle weight (GVW) means the total weight (mass) of a vehicle including weight (mass) of the vehicle itself and the weight of passengers, luggage and cargo loaded onto such vehicle (if any).

2. Gross axle weight (GAW) of a vehicle is the distributed weight that may be supported by a single axle or a group of axles of such vehicle.

3. Maximum dimensions of a road motor vehicle mean the maximum permissible outer dimensions in terms of height, width, and length of the vehicle running on public roads, including load.

4. Tracked vehicles are self-propelled vehicles that move by tracks, which may damage the road or the sidewalk when they are running on the road.

...

...

...

6. A single-axle trailer is a trailer with only 1 axle group that is placed in the middle of the length of the trailer.

7. A multi-axles trailer is a trailer with a front axle or a front axle group connected with a pull bar and a back axle or a back axle group.

8. A non-divisible load is a load with intact seals of customs/national defense and security authorities or is a group of parts, equipment, machineries that will be damaged or changed in utility if being disassembled or divided.

9. A railroad crossing means an intersection where a railway line crosses a road or path at the same level that is built and developed according to the approval of a competent authority.

Chapter II

LOAD CAPACITIES AND DIMENSIONAL LIMITS OF ROADS; ANNOUCEMENT OF LOAD CAPACITIES AND DIMENSIONAL LIMITS OF ROADS

Article 4. Load capacity of road

1. Load capacity of a road means bearing capacity of such road and bridges along the road that is for ensuring the intended lifespan.

2. The bearing capacity of a bridge is determined according to its design and the actual condition of the bridge, which is announced by a competent authority or displayed by a vehicle weight limit sign according to regulations on road signs.

...

...

...

Article 5. Dimensional limits of roads

1. Dimensional limits of a road means the limited space in terms of heights and widths of the road, bridge, ferry terminal, or road tunnel that allows vehicles and cargo thereon to safely go through.

2. The height limit of highways, level I, level II, and level III roads is 4.75 meters; the height limit of a level IV road or lower is 4.5 meters.

3. The width limit of a road is the width limit of its lanes, depending on the technical level of the road and the terrain over which the road route is built.

Article 6. Announcement about load capacities and dimensional limits of roads and technical conditions of railroad crossing

1. Vietnam Road Administration is responsible for issuing the announcement about load capacities and dimensional limits of highways and updating the load capacities and dimensional limits of roads and technical conditions of railroad crossing in Vietnam nationwide on the website of Vietnam Road Administration.

2. Services of Transport are responsible for issuing the announcement about load capacities and dimensional limits of local roads and sending the figures to Directorate for Roads of Vietnam for updating on the website of Directorate for Roads of Vietnam.

3. Vietnam Railway Administration is responsible for issuing the announcement about the technical conditions of railroad crossing on Vietnam railway network and sending the figures to Directorate for Road of Vietnam for updating on the website of Directorate for Road of Vietnam.

Article 7. Adjustment to announcement about load capacities and dimensional limits of roads and technical conditions of railroad crossing

...

...

...

2. Services of Transport are responsible for updating load capacities and dimensional limits of local roads and sending the figures to Directorate for Roads of Vietnam for updating on the website of Directorate for Roads of Vietnam every 6 months (before June 15 and December 15 of every year).

3. Vietnam Railway Administration is responsible for updating technical conditions of railroad crossing on Vietnam railway network and sending the figures to Directorate for Road of Vietnam for updating on the website of Directorate for Road of Vietnam every 6 months (before June 15 and December 15 of every year).

4. Investors in form of public-private partnerships are responsible for updating load capacities and dimensional limits of road segments under their management and sending the figures to the Services of Transport (applicable to local roads) or Directorate for Roads of Vietnam (applicable to highways) for updating on the website of Directorate for Roads of Vietnam every 6 months (before June 10 and December 10 of every year).

5. Road authorities must put up signs showing the actual load capacities and dimensional limits of the bridge along the routes and road segments enumerated but have not been renovated and upgraded according to the announced load capacities and dimensional limits.

Article 8. Operation of road motor vehicles

1. Any road motor vehicles satisfying the announced load capacities and dimensional limits of roads and regulations on goods loading specified in Articles 16, 17, 18, 19 of this Circular may run on announced routes/road segments.

2. When running on routes and road segments whose load capacities and dimensional limits are not announced, vehicle owners, hirers or drivers shall comply with the signs of load capacities and dimensional limits of roads, speeds and distance between vehicles running on public roads.

3. When transporting non-divisible load, or the gross weight or size of the vehicle exceeds the load capacity or dimensional limit of the road, the vehicle owner, the hirer or the driver must request a road authority to issue a permit before using the vehicle on the road.

Chapter III

...

...

...

Article 9. Regulations on overload vehicles, overdimension vehicles and tracked vehicles running on public roads

1. An overloaded vehicle is a road motor vehicle of which the gross vehicle weight or the gross axle weight exceeds the load capacity of the road.

2. An overdimension vehicle is a road motor vehicle of which the outer dimensions, including load (if any), exceed the permissible limits for road motor vehicles to be operated on public roads. To be specific:

a) Its length is longer than 20 meters or longer than 1.1 times the total length of the vehicle;

b) Its width is longer than 2.5 meters;

c) Its height (calculated from the road surface) is longer than 4.2 meters (except for container trucks).

3. A specialized motorbike is considered overloaded or overdimension vehicle if its GVW, GAW, or outer dimensions exceeds the permissible limits specified in clause 2 of this Article for running on public roads.

Article 10. Tracked vehicles running on public roads

Any tracked vehicles running on public roads must be equipped with mandatory parts and measures must be taken to protect the road surface while running on the road. Otherwise, such vehicle must be carried by another vehicle.

...

...

...

1. Overloaded vehicles, overdimension vehicles, and tracked vehicles on the road must be operated in a way that ensures traffic safety and safety for the road traffic works.

2. When operating an overloaded vehicle, overdimension vehicle, or tracked vehicle on public roads, the vehicle owner, courier, or driver must:

a) Obtain a permit for operation of an overloaded, overdimension or tracked vehicle on public roads issued by a competent body;

b) Comply with regulations specified on the Permit.

3. Any vehicle that carries goods exceeding its load capacity as designed by the manufacturer or exceeding the allowable weight of goods specified on its Certificate of technical safety and environmental protection must not be operated on public roads.

Chapter IV

TRANSPORT OF OVERSIZE LOAD ON PUBLIC ROADS

Article 12. Regulations on oversize/overweight load

1. An oversize load is a non-divisible load with the following outer dimensions (of both the vehicle and the load):

...

...

...

b) Width > 2.5 meters;

c) The height from the highest point of the road surface exceeds 4.2 meters (applicable to vehicles other than container trucks) or exceeds 4.35 meters (applicable to container trucks).

2. An overweight load is a non-divisible load with the weight of heavier than 32 tonnes.

Article 13. Vehicles for transport of oversize/overweight load

1. A vehicle for transport of oversize/overweight is a vehicle with sizes and weights suitable for the transported goods and conformable with conditions specified on its Certificate of technical safety and environmental protection.

2. If modular trailers can be connected together to carry oversize and overweight goods, the registry shall verify onto the Certificate of technical safety and environmental protection of the vehicle with the statement “Modules can be connected together if there is the Permit for operation of vehicles issued by a competent authority”.

Article 14. Operating vehicles that carry oversize/overweight load on public roads

1. Any vehicles carrying oversize/overweight load that is operated on public roads must comply with regulations in Article 11 of this Circular.

2. The driver of a vehicle carrying an oversize/overweight load must comply with regulations specified on the Permit and comply with instructions of the competent person (if any) when running on public roads.

...

...

...

a) Goods are loaded onto the vehicle with the following outer dimensions (of both the vehicle and the load): width ≥ 3.5 meters; length > 20 meters;

b) The vehicle is operated at a work that requires reinforcement of roads.

4. Cases in which the inspection of road is required:

a) Goods are loaded on to the vehicle with the following outer dimension: width > 3.75 meters or height > 4.75 meters or length > 20 meters (applicable to level IV road or lower) or length > 30 meters (applicable to level III road or higher);

b) The road motor vehicle has gross vehicle weight or the gross axle weigh exceeds the load capacity of the road.

Chapter V

LIMITS ON GOODS LOADED ONTO ROAD VEHICLES RUNNING ON PUBLIC ROADS

Article 15. Limits on goods loaded onto road vehicles running on public roads

1. Goods must be loaded onto road vehicles in accordance with the regulations on GVW and GAW of the vehicles and height, width, and length of the cargo as prescribed in Articles 16, 17 and 18 of this Circular, and within the load capacity of the vehicle specified on the Certificate of technical safety and environmental protection of the vehicle.

...

...

...

Article 16. Gross axle weight (GAW)

1. Single axle: GAW ≤ 10 tonnes.

2. Double-axle group, GAW depends on the distance (d) between two axles:

a) If d < 1.0 meter, GAW ≤ 11 tonnes;

d) If 1.0 meter ≤ d < 1.3 meters, GAW ≤ 16 tonnes;

c) If d ≥ 1.3 meters, GAW ≤ 18 tonnes.

3. Triple-axle group, GAW depends on the distance (d) between two consecutive axles:

a) If d ≤ 1.3 meters, GAW ≤ 21 tonnes;

b) If d > 1.3 meters, GAW ≤ 24 tonnes.

...

...

...

1. Unibody vehicles:

a) If the vehicle has 2 axles, GVW ≤ 16 tonnes;

b) If the vehicle has 3 axles, GVW ≤ 24 tonnes;

c) If the vehicle has 4 axles, GVW ≤ 30 tonnes;

d) If the vehicle has 5 or more axles, GVW depends on the distance (d) between the first axle and the last axle:

- If d ≤ 7 meters, GVW ≤ 32 tonnes;

- If d > 7 meters, GVW ≤ 34 tonnes;

2. Semi-trailer trucks:

a) If the vehicle has 3 axles, GVW ≤ 26 tonnes;

...

...

...

c) If the vehicle has 5 axles, GVW depends on the distance (d) between the wheel coupling pin and the first axle of the semi-trailer:

- If 3.2 ≤ d ≤ 4.5 meters, GVW ≤ 38 tonnes;

- If d > 4.5 meters, GVW ≤ 42 tonnes;

d) If the vehicle has 6 or more axles, GVW depends on the distance (d) between the wheel coupling pin and the first axle of the semi-trailer:

- If 3.2 ≤ d ≤ 4.5 meters, GVW ≤ 40 tonnes; if the semi-trailer is a container, GVW ≤ 42 tonnes;

- If 4.5 < d ≤ 6.5 meters, GVW ≤ 44 tonnes;

- If d > 6.5 meters, GVW ≤ 48 tonnes.

3. If a trailer is pulled by a unibody truck: the total weight, which is the total of the GVW of the unibody truck (according to GVW specified in Clause 1 of this Article) and the GAW of the trailer being pulled (according to Article 16). To be specific:

a) If a single-axle trailer is pulled by a unibody truck and the distance between the wheel coupling pin and the middle of the axle group of the trailer on the horizontal surface of the pull bar is 3.7 meters or longer then the GVW must be 45 tonnes or lower;

...

...

...

4. If a semi-trailer is pulled by a truck (specified in clause 2 of this Article) and the distance between the wheel coupling pin and the first axle of the semi-trailer is shorter than 3.2 meters or if a single-axle trailer is pull by a unibody truck and the distance between the wheel coupling pin and the middle point of the axle group of the trailer is shorter than 3.7 meters or if a multi-axle trailer is pulled by a unibody truck and the distance between the wheel coupling pin and the front axle group of the trailer is shorter than 3.0 meters, then the GVW of the tractor-trailer must be decreased by 2 tonnes for each meter of length that is shortened.

5. Regarding vehicles with auxiliary axles, its GVW shall be determined according to regulations in Article 16 and clauses 1, 2 and 3 of this Article in accordance with the actual axles directly affect the road surface when running on public roads.

Article 18. Height of goods loaded onto road vehicles

1. Regarding box trucks, allowable height of goods loaded onto the vehicle is the maximum height of goods inside the box as designed by the manufacturer or according to a modified designed approved by a competent authority.

2. Regarding flatbed truck, goods loaded on the vehicle that exceed the height of the box (as designed by the manufacturer or as approved by a competent authority) must be firmly tied and choked to ensure the safety when running on public roads. The height of loaded goods must not exceed the heights below (from the road surface):

a) If the payload weights 5 tonnes or more (according to the Certificate of technical safety and environmental protection), the height of loaded goods must not exceed 4.2 meters;

b) If the payload weights from 2.5 tonnes to less than 5 tonnes (according to the Certificate of technical safety and environmental protection), the height of loaded goods must not exceed 3.5 meters;

c) If the payload weights less than 2.5 tonnes (according to the Certificate of technical safety and environmental protection), the height of loaded goods must not exceed 2.8 meters;

3. Specialized vehicles and container trucks: the height of loaded goods from the road surface must not exceed 4.35 meters.

...

...

...

Article 19. Width and length of goods loaded onto road vehicles to be operated on public roads

1. The width of loaded goods on a road motor vehicle is the width of the box as designed by the manufacturer or as approved by a competent authority.

2. The length of loaded goods on a road motor vehicle must not exceed 1.1 times the total length of the vehicle as designed by the manufacturer or as approved by a competent authority and must not be longer than 20.0 meters. If the length of loaded goods exceeds the permissible limit, the cargo box must bear warnings and goods must be firmly tied to ensure safety while running on public roads.

3. Goods and luggage loaded onto a passenger vehicle must not exceed the outer dimensions of the vehicle.

4. Goods loaded onto a motorbike must not exceed the cargo bracket designed by the manufacturer 0.3 meter to the sides and 0.5 meter to the rear.  The height of goods from the road surface must not exceed 1.5 meters.

5. Goods loaded onto a non-motorized vehicle must not exceed 1 meter or exceed 1/3 the vehicle length to the front and the rear, whichever is lesser, and must not exceed 0.4 meter to each side of the wheels.

Chapter VI

PERMIT FOR OPERATION OF OVERLOADED VEHICLES, OVERDIMENSION VEHICLES, TRACKED VEHICLES AND VEHICLES THAT CARRY OVERSIZE/OVERWEIGHT LOAD ON PUBLIC ROADS

Article 20. General provisions on issuance of permit for operation of overloaded vehicles, overdimension vehicles, tracked vehicles and vehicles that carry oversize/overweight load on public roads

...

...

...

2. Responsibilities of regulatory bodies entitled to issue the Permit (hereinafter referred to as the issuers):

a) Select suitable routes ensuring the traffic safety and the road protection;

b) Refuse to issue the Permit if the loaded goods exceed the payload designed by the manufacturer or exceed the allowable limit of load of the vehicle after modification that is specified on the Certificate of technical safety and environmental protection;

c) Provide requirements for traffic safety like speeds, lanes and time of operation on the Permit when granting permission for travelling on highways.

3. Regarding the operation of vehicle exceeding the capacity of a road that requires inspection or reinforcement of the road, any organizations/individuals wishing to travel on such road shall be responsible for paying all relevant charges. The competent authority shall issue the Permit when the organization/individual has completed the inspection/reinforcement.

4. Duration of the Permit:

a) Regarding overloaded and overdimension vehicles that are not required to comply with rules like going within permissible lanes, being guided or escorted by another vehicle or using reinforced roads only:

- If the route/road segment has been renovated/upgraded constantly, the Permit shall be valid for no longer than 60 days;

- If the route/road segment has not been renovated/upgraded constantly, the Permit shall be valid for no longer than 30 days;

...

...

...

c) Regarding self-propelled tracked vehicles: the duration of the Permit is the duration of a trip when such vehicle departs until it reaches its destination.

d) Duration of the Vehicle operate permit specified in points a, b and c of this clause shall be within the duration of the Certificate of technical safety and environmental protection of such vehicle; if the duration of the Certificate of technical safety and environmental protection of the vehicle is shorter than the duration specified in points a, b and c of this clause, the time limit of the Permit is the time limit of the Certificate of technical safety and environmental protection of the vehicle.

Article 21. Procedures for issuance of the Permit

1. Any organizations/individuals wishing to obtain a Permit shall submit 01 application directly or by post to a receiving authority.

2. The application shall include:

a) An application according to the form provided for in Appendix 1 and Appendix 2 of this Circular;

b) A copy of the Certificate of vehicle registration or the Temporary certificate of vehicle registration (applicable to lately received vehicles);

c) A copy of the Certificate of technical safety and environmental protection for road motor vehicles or a copy of the report on specifications of the vehicle (applicable to lately received vehicles – provide by the manufacturer);

d) Transport solution for cases subject to road inspection (if any), including information about the transport route; information about the transport vehicle; information about goods verified by their owner, including dimension parameters like the length, width and height (L x W x H – meter(s)); weight, image (if any); the transport contract or written transport appointment issued by the goods owner or the hirer.

...

...

...

4. If an inspection of the road must be conducted to impose requirements for running on public roads or to make decision on road reinforcement, within 02 working days from the day on which the satisfactory application as prescribed in clause 2 of this Article is received, the competent authority in charge of issuing the Permit shall request the applicant to conduct inspection or road reinforcement.

The Permit shall be issued within 02 working from the day on which the report on the result of the inspection or road reinforcement is received from a qualified advisory organization, ensuring the traffic safety.

Article 22. Power to issue Permit

1. Director of the Services of Transport and Director of Regional Road Management Unit are responsible for issuing the Permit for travelling on road nationwide.

2. The Minister of Transport is responsible for the issuance of Permit for vehicles serving National defense and security, energy works, disaster prevention and search and rescue.

Article 23. Responsibilities of Permit issuers

Permit issuers:

1. Must be legally responsible for issuing Permits to qualified applicants and in accordance with conditions of roads, vehicles and ensuring the traffic safety.

2. Are entitled to revoke the Permit of any vehicle if its owner/driver/hirer commits violations against regulations specified on the Permit or if its owner/driver/hirer has not repaired the damage to the road traffic works its caused.

...

...

...

4. Take responsibility for providing current conditions of road at the request of organizations/individuals or of relevant agencies.

5. Take responsibility for collecting and using the charges for issuance of Permit according to regulations of the Ministry of Finance.

Chapter VII

ORGANIZATION OF IMPLEMENTATION

Article 24. Inspection, penalties and compensation

1. The inspection and imposition of penalties for the violations against regulations in this Circular must comply with the current law provisions on inspection and penalties.

2. Any entity that fails to comply with this Circular during the operation of an overloaded vehicle, overdimension vehicle, tracked vehicle, or a vehicle carrying oversize/overweight load and causes damage to road traffic works must pay compensation according to law provisions.

Article 25. Implementary clause

1. This Circular comes into effect from December 01, 2015 and replaces Circular No. 07/2010/TT-BGTVT dated February 11, 2010 by the Minister of Transport; Circular No. 03/2011/TT-BGTVT dated February 22, 2011 by the Minister of Transport and Circular No. 65/2013/TT-BGTVT dated December 31, 2013 by the Minister of Transport.

...

...

...

a) The Certificate of technical quality, safety, and environment protection issued to vehicles that are unconformable with regulations in this Circular shall be annulled since the effective date of this Circular;

b) Slips of quality inspection upon release from factory that are issued before the effective date of this Circular are still used for completing procedures for vehicle registration and technical safety and environmental protection inspection.

3. Regarding imported vehicles:

a) Any imported vehicles that is at Vietnam’s checkpoint before the effective date of this Circular shall have gross weight determined according to regulations in Circular No. 07/2010/TT-BGTVT and Circular No. 03/2011/TT-BGTVT by the Minister of Transport;

b) The Certificate of technical quality, safety, and environment protection applicable to imported motor vehicles and the notification of exemption from inspection of technical quality, safety, and environment protection applicable to imported motor vehicles that are issued to vehicles coming to the Vietnam’s checkpoint before the effective date of this Circular are still used for completing procedures for import, for the initial inspection of technical safety and environmental protection or for the collection of registration fee or vehicles registration according to regulations.

4. Parameters of any vehicles obtaining the Certificate of technical safety and environmental protection before the effective date of this Circular that carries load exceeding the allowable amount shall be modified according to regulations in this Circular.

Article 26. Organization of implementation

1. Responsibilities of Vietnam Road Administration:

a) Conduct inspection of the implementation of regulations in this Circular; preside over and cooperate with Permit issuers in transmitting figures to Vietnam Road Administration; manage data about the issuance of the Permit according to regulations;

...

...

...

c) Regularly, periodically and irregularly conduct inspection and supervision of the issuance of Permit issuers; impose or propose penalties for violations of Permit issuers according to law provisions.

2. Responsibilities of Road Management Units, the Services of Transport:

a) Comply with regulations in this Circular;

b) Publish procedures, fees and time of issuance of the Permit;

c) Comply with regulations in retention and reporting according to regulations; connect, secure passwords and update data from the network issued by Vietnam Road Administration;

d) Comply with and facilitate the inspection and supervision of the issuance of the Permit of functional agencies;

dd) Periodically, every quarter or every year, report the issuance of the Permit to Vietnam Road Administration according to the forms in Appendixes 5a, 5b, 5c and 6 enclosed herewith. Reports shall be sent before the date 20^th of the last month of each quarter or before the date 15^th of December of each year.

3. The Chief of the Ministry Office, The Chief Inspector of Ministry, Director of Departments, General Director of Vietnam Road Administration, Director of Vietnam Register, Director of Vietnam Railway Authority, Directors of Services of Transport, Heads of organizations and individuals that are relevant are responsible for implementing this Circular.

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Transport for consideration and solution./.

...

...

...

THE MINISTER




Dinh La Thang