Quyết định 2919/QD-BGTVT

DECISION

ISSUING REGULATIONS ON MANAGING THE OPERATION OF MOBILE WEIGH STATIONS

MINISTER OF TRANSPORT

Pursuant to the Law on Road Traffic dated 13 November 2008;

Pursuant to Decree No.107/2012/ND-CP dated 20 December 2012 enforced by the Government on regulating rights, functions, responsibilities and organization structure of the Ministry of Transport;

Pursuant to Decree No. 52/2009/ND-CP dated 03 June 2009 promulgated by the Government on detailing and guiding the implementation of several provisions of the Law on Management and Use of State Property;

Pursuant to Circular No. 09/2013/TT-BGTVT dated 06 May 2013 promulgated by Minister of Transport on issuing National Technical Regulation on weigh stations - QCVN 66:2013/BGTVT;

Complying with the request from Department Head of Infrastructure and Transport, and Head of the Vietnam Road Administration,

DECIDES:

Article 1. To promulgate together with this Decision “Regulations on managing the operation of mobile weigh stations”.

Article 2. This Decision shall be effective as of the signing date.

Article 3. Chief of Office, Chief of the Ministry Inspectorate; Department Heads; Head of the Vietnam Road Administration, Director of Information Technology Center, Department Director of Transport in provinces and centrally-affiliated cities, and Head of relevant divisions and units, shall be responsible for implementing this Decision./. 

DECISION

ON MANAGING THE OPERATION OF MOBILE WEIGH STATIONS
(Promulgated together with Decision No. 2919/QD-BGTVT dated 24 September 2013 by Ministry of Transport)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Providing for the management, use and operation of mobile weigh stations.

2. This Decision shall be applied to those agencies, organizations and individuals related to managing the operation of mobile weigh stations.

Article 2. Interpretation of terms

1. Mobile Weigh Station (abbreviated as the Station) means the station founded by competent authorities, and equipped with testing and tracking devices that are kept movable and portable or built in dedicated vehicle to control and deal with oversized and overloaded vehicle at certain locations requested by competent authorities.      

2. Mobile weighing system means a combination of such devices as 01 dedicated automobile, digital scale and other auxiliary devices for the purpose of equipping the Station.  

3. Management authority means a unit authorized by provincial People’s Committee to directly set up and manage the operation of mobile weigh station. 

Article 3. Principles of operation management

1. People’s Committees in provinces and centrally-affiliated cities (collectively refered to as provincial People’s Committee) shall manage and arrange the operation of the Station; carry out controlling vehicle weight along national highways passing through these provinces and local roads.

2. Management authority of mobile weighing system shall carry out the management and use in compliance with current regulations on the management of state property (must completely carry out policies on registration, statistics, stocktaking, inventory, inspection and report in accordance with legal regulations).

3. The use of mobile weighing system must serve the right purpose and prove its effectiveness in testing and deal with violating vehicle.

Chapter 2.

REGULATIONS ON ORGANIZATION AND OPERATION

Article 4. Operating budget

1. The operating budget of the Station shall be balanced by Road Maintenance Fund and Traffic Safety Expenses at localities as well as other expenses.

2. Accounts payable for the operation of the Station include fuel, materials, devices, regular stationery, lighting and communication systems, maintenance services, training, meetings, inspection, lease on station location, testing and calibration of devices, and other allowance policies (if any) and other expenses incurred during the operation of the Station in accordance with the payment proposal approved by competent authorities. 

Article 5. Management and Usage

1. Managing, using and maintaining mobile weighing system in compliance with instructions from manufacturer as well as current procedure, standards and regulations.  

2. Keeping mobile weighing system in working order between two periodic inspection and calibration as stipulated by law; checking the technical condition prior to putting mobile weighing system into operation.

Article 6. Responsible force at the Station

1. Force directly in charge of the Station: the number of officers and employees working at the Station shall be assigned as regulated by provincial People’s Committee on a basis of requests from Station’s Management Authority.  

2. Those force is assigned to carry out their tasks at the Station in accordance with the proposal for vehicle weight control approved by competent authority. 

Article 7. Standard, equipment and policy for responsible force at the Station

1. Force in charge of the Station shall be recruited in compliance with current standards and regulations; be of good personality, appropriate professional ability and knowledge to satisfy working demands.

2. Each sector shall be in charge of means and equipment provided for coordinating force to use at the Station under their direct control.  

3. Salary and allowances for members of coordinating force at the Station shall be paid by its authorized person. Allowances and benefits (if any) when working at the Station are subject to regulations issued by provincial People’s Committee. 

4. Force in charge of the Station shall get access to professional training in violation settlement procedure, operation and regular maintenance of mobile weighing system.

Article 8. Organization and Operation of mobile weigh station

1. Organization structure of the Station is regulated by provincial People’s Committee; the Station is operated in accordance with the proposal for vehicle weight control approved by provincial People’s Committee; controlling vehicle weight on national highways passing through such provinces and local roads shall be carried out.

2. The proposal for vehicle weight control shall be drawn up to clearly define functions, duties and responsibilities held by those persons in charge of its implementation, as well as by coordinating force of vehicle weight control.

3. In order to gain effectiveness in vehicle weight control, the Station shall be available 24 hours a day, regardless of holidays and days-off.

4. Vehicle weighing position

a) Where vehicle are stopped to be weighed for traffic safety shall be guaranteed not to cause traffic congestion;  

b) Where the Station is located and trucks are unloaded must have enough space or be set along broad roads in order to prevent traffic hindrance and congestion; digital scale platform must follow the manufacturer’s instructions or abide by the regulations stated in QCVN 66:2013/BGTVT on National Technical Code of Weigh Station; 

c) Vehicle weighing and unloading shall not be allowed to carry out on narrow roads where only 2 traffic lanes are built, express highways, and those streets that are of high traffic density to easily result in traffic congestion and possible risks to traffic safety.    

5. Coordinating forces, when carrying out their tasks, shall abide by the direct assignment  and management from those persons in charge of implementing the proposal for vehicle weight control; while handling and dealing with their assigned work and in case of any discrepancy in opinions occurring among sector’s members, those persons in charge of implementing the proposal for vehicle weight control shall have right to make their own decisions as well as assume their liability for them, or inform the case to seek further settlement from higher level of authority.     

6. Management authorities shall draw up and issue internal rules and regulations at the Station on a basis of laws in order to fulfill their assigned tasks.

Article 9. Information communication

The Station must update their task performance on their own, and send information and data of violation settlement into electronic information portal, get access to internet to transfer them to the server of the Vietnam Road Administration; at the same time report legal authority in accordance with regulations. Any effort in manoeuvring data and result of vehicle weight inspection shall be strictly prohibited.   

Chapter 3.

ORGANIZATION OF IMPLEMENTATION

Article 10. Responsibility held by provincial People’s Committee

1. Being subject to carry out vehicle weight control along the national highway passing through their province and their local roads.

2. Approving of the proposal for vehicle weight control, and encourage carrying out this proposal to guarantee to improve its effectiveness.

3. Allowing for an adequate amount of budget for the Station’s operation.

Article 11. Responsibility held by the Vietnam Road Administration

1. Guiding, encouraging, inspecting and investigating vehicle weight control taking place nationwide. 

2. Remaining regular operation of the server in place, and take their role in inspecting and supervising the operation of the Station’s vehicle weight control.

3. Compiling all records and reports on vehicle weight control across the country and send to Ministry of Transport (filling in Form 01-Appendix attached hereinafter)

Article 12. Responsibility held by Management Authority

1. Coordinating with competent agencies and units to draw up the proposal for vehicle weight control for submission to provincial People’s Committee for approval, and arrange to carry out the proposal for vehicle weight control along national highways passing through their provinces and local roads.

2. Managing, making use of and maintain mobile weighing system, and organize the operation of the Station in an effective manner. 

3. Inspecting and supervising the Station’s vehicle weigh control.

4. Making quarterly, yearly or unscheduled reports on data, analysis, situational assessment and operational outcome of the Station to the Vietnam Road Adminstration, provincial People’s Committee (filling in Form 02-Appendix attached hereinafter)   

Article 13. Responsibility held by forces in charge of the Station

1. As regards those forces in charge of the Station, based on their functions, rights and responsibilities, carrying out their assigned tasks, and maintaining the regular, continuous, effective and law-abiding operation for the Station.

2. Keeping on regularly transferring information and data on violation settlement into electronic information portal, and getting access to internet to transfer them into the server of the Vietnam Road Adminstration. Updating daily data, situational analysis and reporting performance outcome to direct management authority (filling in Form 03-Appendix attached hereinafter). 

FORM 01

REPORT FORM APPLIED IN VIETNAM ROAD ADMINISTRATION
(Promulgated together with Decision No.     /QĐ-BGTVT on day    month   year 2013 by Ministry of Transport)

REPORT

OUTCOME AND CONDITION OF INSPECTING AND DEALING WITH VIOLATIONS AGAINST VEHICLE WEIGHT NATIONWIDE

I. STATUS OF IMPLEMENTATION

1. Governing and directing documents

2. Assessment on task performance:

- Achievements;

- Occurences and difficulties;

- Experiences to be learned and remedies to these occurrences and difficulties.

II. REQUESTS AND RECOMMENDATIONS

III. COMPILED DATA (from day    /     to day    /   /   )

FORM 02

FORM USED AS A REPORT TO MANAGEMENT AUTHORITY

REPORT

OUTCOME AND CONDITION OF INSPECTING AND DEALING WITH VIOLATIONS AGAINST VEHICLE WEIGHT

I. STATUS OF IMPLEMENTATION

1. Participating forces

2. Assessment on task performance

- Achievements;

- Occurences and difficulties;

- Experiences to be learned and remedies to these occurrences and difficulties.

II. REQUESTS AND RECOMMENDATIONS

III. COMPILED DATA (from day    /     to  day    /   /   )

FORM 03

REPORT FROM MOBILE WEIGH STATION No.

REPORT

OUTCOME AND CONDITION OF INSPECTING AND DEALING WITH VIOLATIONS AGAINST VEHICLE WEIGHT

I. COMPILED DATA (from     h day    / to  -  h day   /   /   )

1. Classified violations

2. Licence plate, types of vehicle and faults

II. STATUS OF IMPLEMENTATION

1. Participating forces

2. Weighing time and location

3. Assessment on task performance

- Achievements;

- Occurences and difficulties;

- Experiences to be learned and remedies to these occurrences and difficulties.

III. REQUESTS AND RECOMMENDATIONS