Văn bản hợp nhất 06/VBHN-BGTVT

CIRCULAR

LOAD CAPACITIES OF ROADS, DIMENSIONAL LIMITS OF ROADS, OPERATION OF OVERLOADED VEHICLES, OVERDIMENSION VEHICLES, AND TRACKED VEHICLES ON ROADS; TRANSPORT OF OVERSIZE LOAD; LIMIT ON AMOUNT OF GOODS LOADED ONTO ROAD VEHICLES IN TRAFFIC

The Circular No. 07/2010/TT-BGTVT dated February 11, 2010 of the Minister of Transport on load capacities of roads, dimensional limits of roads, operation of overloaded vehicles, overdimension vehicles, and tracked vehicles on roads; transport of oversize load; limit on amount of goods loaded onto road vehicles in traffic, which takes effect on April 29, 2010, and amended in:

The Circular No. 03/2011/TT-BGTVT dated February 22, 2011 of the Minister of Transport on amendments to the Circular No. 07/2010/TT-BGTVT.

The Circular No. 65/2013/TT-BGTVT dated December 31, 2013 of the Minister of Transport on amendments to the Circular No. 07/2010/TT-BGTVT.

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

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

The Minister of Information and Communications issues a Circular on load capacities of roads, dimensional limits of roads, operation of overloaded vehicles, overdimension vehicles, and tracked vehicles on roads; transport of oversize load; limit on amount of goods loaded onto road vehicles in traffic. ⁽¹⁾

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular deals with the load capacities and dimensional limits of roads; announcement of load capacities and dimensional limits of highways, operation of vehicles that exceed weight limits (hereinafter referred to as overloaded vehicles), vehicles that exceed dimensional limits (hereinafter referred to as overdimension vehicles), and tracked vehicles on roads; transport of oversize load; limits on amount of goods loaded onto road vehicles in traffic.

Article 2. Subjects of application

This Circular is applied to the entities related to the announcement of load capacities of roads, dimensional limits of roads, operation of overloaded vehicles, overdimension vehicles, and tracked vehicles on road; transport of oversize load; limits on amount of goods loaded onto road vehicles in traffic.

Article 3. Interpretation of terms

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

1. Gross vehicle weight (GVW) means the total of the weight of the vehicle itself and the weigh of goods loaded onto the vehicle (if any).

2. Gross axle weight (GAW) means the weight of the vehicle carried by an axle (single axle, double axle group, triple axle group).

3. Maximum dimensions of a motor road vehicle mean the maximum permissible outer dimensions in terms of height, width, and length of the vehicle in traffic, 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.

5. Trailer truck or semi-trailer truck means a combination of a tractor and a trailer or a semi-trailer.

6. Non-divisible load is any shipment that still bears the seal of a customs authority, police authority, or the army, or the components, machines that will be damaged or malfunction when disassembled.

7. Vehicle owner means the organization or individual that undersigns the vehicle registration certificate.

Chapter 2.

LOAD CAPACITIES AND DIMENSIONAL LIMITS OF ROADS AND HIGHWAYS

Article 4. Load capacity of roads

1. Load capacity of a road means its bearing capacity and meant for ensuring the intended lifespan.

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

3. The bearing capacity of a railroad is determined according to its design and actual condition, which is announced by a competent authority or displayed by a weight limit sign

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 allow vehicles and cargo thereon to safely go through.

2. The height limit of highway, 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 limits of a road is the width limits of its lanes, depending on the technical levels of the road and the terrain over which the road is built.

Article 6. Announcement of load capacities and dimensional limits of highways

1. Load capacities of some highway routes and segments that have been repaired, upgraded, or built to suit single-axle trucks with gross axle weight of 10 tonnes per axle must be announced. The design load capacity of a bridge is the weight of the simulation convoy according to H30-XB80 or HL93 in Appendix 1a enclosed herewith

2. Dimensional limits of highways according to the technical levels and terrain of the routes in Appendix 1b to this Circular, together with some routes and segments in Appendix 1a must be announced.

3. Road authorities must put up signs showing the load capacities and dimensional limits of the bridges along the routes and segments enumerated in Appendix 1a, which have not been upgraded to suit the load capacities and dimensional limits that have been announced as mentioned in Clause 1 and Clause 2 of this Article.

Article 7. Adjustment to announcement of load capacities and dimensional limits of highways

Annually, Directorate for Roads of Vietnam shall update information about new highway routes and segments, upgrade and repair the routes and segments that are damaged or unsafe, then adjust the load capacities and dimensional limits of highways that were announced according to Clause 1 and Clause 2 Article 6 of this Circular.

Article 8. Operation of road motor vehicles

1. Road motor vehicles that suit the announced load capacities and dimensional limits, and satisfy the conditions for goods loading in Article 16, Article 17 and Article 19 of this Circular may use the highway routes and segments listed in Appendix 1a.

When crossing a bridge that has weight limit sign, road motor vehicles must comply with the sign, the dimensional limits of the bridge, keep a safe speed and a safe distance between the vehicles.

2. When taking a route or segment that is not enumerated in Appendix 1a, vehicle owners, hirers, and drivers must comply with local regulations on the load capacities and dimensional limits of roads announced by the People’s Committees of the province, the "Weight limit” signs, the regulations on dimensional limits of roads, speeds and distance between the vehicles in traffic, and limits on loaded goods thereon.

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 an operation permit before using the vehicle on the road.

Chapter 3.

OVERLOADED VEHICLES, OVERDIMENSION VEHICLES, AND TRACKED VEHICLES IN TRAFFIC

Article 9. Overloaded vehicles, overdimension vehicles, and tracked vehicles in traffic

1. An overloaded vehicle is a vehicle of which the gross vehicle weight exceeds the load capacity of the bridge, or the gross axle weigh 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 use the road.

3. A specialized motorbike is also considered overloaded or overdimension vehicle if its GVW, GAW, or outer dimensions exceeds the permissible limits for using the road.

4. The cases other that those mentioned above shall be decided by the Minister of Transport.

Article 10. Tracked vehicles in traffic

Tracked vehicles in traffic must be equipped with mandatory parts to protect the road surface while running on the road. Otherwise, they must be carried by other vehicles.

Article 11. Operating overloaded vehicles, overdimension vehicles, and tracked vehicles on the road

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 the road the vehicle owner, courier, or driver must:

a) Obtain a permit for operation of the overloaded, overdimension, or tracked vehicle on the road (hereinafter referred to as operation permit) issued by a body mentioned in Article 21. The forms of this permit are provided in Appendix 2 and Appendix 3 to this Circular.

b) Comply with the regulations in the operation permit.

3. The vehicle that carries goods beyond its load capacity announced by the manufacturer or approved by registry authority (in case it is modified), or beyond the dimensional limits of the road must not be used on the road.

Chapter 4.

TRANSPORT OF OVERSIZE AND OVERWEIGHT LOAD ON THE ROAD

Article 12. Oversize and overweight load

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

a) Length > 20 meters;

b) Width > 2.5 meters;

c) The height from the highest point of the road is higher than 4.2 meters (applied to container trucks) according to Clause 3 Article 17 of this Circular.

2. Overweight load is non-divisible load that is heavier than 32 tonnes.

Article 13. Vehicles for transport of oversize or overweight load

The vehicles for transport of oversize and overweigh load (hereinafter referred to as oversize load) are those particularly designed and manufactured to transport oversize load with suitable sizes and weights, and are conformable with the conditions written in the operation permit.

If necessary, the vehicles for transport of oversize load may be modified according to a designed approved by a competent authority.

Article 14. Operating vehicles that carry oversize load on the road

The operators of vehicles that carry oversize load must comply with regulations on overloaded vehicles, overdimension vehicles, and tracked vehicles in Chapter 3 of this Circular. The form of the operation permit for vehicles that carry oversize load is provided in Appendix 2 to this Circular.

Chapter 5.

LIMITS ON GOODS LOADED ONTO ROAD MOTOR VEHICLES IN TRAFFIC

Article 15. Limits on goods loaded onto road motor vehicles in traffic

Goods must be loaded onto road vehicles in accordance with the regulations on GVW, GAW, height, width, and length of the cargo prescribed in Article 16, Article 17, and Article 18 of this Circular, and within the load capacity of the vehicle written in the Certificate of vehicle registration;

Goods must be arranged tidily, firmly tied in order that goods are not dropped, dragged on the road, and do not obstruct the vehicle operation

Article 16. GVW and GAW

1. GAW:

a) Single axle: GAW ≤ 10 tonnes.

b) Double axle group: GAW depends on the distance (d) between two axles:

- If d < 1.0 m, GAW ≤ 11 tonnes;

- If 1.0 m ≤ d < 1.3 m, GAW ≤ 16 tonnes;

- If d ≥ 1.3  m, GAW ≤ 18 tonnes;

c) Triple axle group: GAW depends on the distance (d) between two axles:

- If d ≤ 1.3 m, GAW ≤ 21 tonnes;

- If d > 1.3 m, GAW ≤ 24 tonnes.

2. Gross vehicle weight (GVW):

a) Rigid vehicles:

- GVW ≤ 16 tonnes if the vehicle has 2 axles;

- GVW ≤ 24 tonnes if the vehicle has 3 axles;

- GVW ≤ 30 tonnes if the vehicle has 4 axles;

- GVW ≤ 34 tonnes if the vehicle has 5 axles or more;

b) ² Semi-trailer trucks:

- GVW ≤ 26 tonnes if the vehicle has 3 axles;

- GVW ≤ 34 tonnes if the vehicle has 4 axles;

- GVW ≤ 44 tonnes if the vehicle has 5 axles;

- GVW ≤ 48 tonnes if the vehicle has 6 axles or more.

c) If a trailer or semi-trailer is pulled by a rigid vehicle: the total weight, which is the total of the GVW of the rigid vehicle (according to Point a of this Clause) and the GAW of the trailer or semi-trailer being pulled (according to Clause 1 of this Article), must not exceed 45 tonnes.

Article 17. Height of goods loaded onto road vehicles

1. For a box truck, it is the maximum height of goods inside the box according to the manufacturer or according to a modified designed approved of by a competent authority.

2. For a flatbed truck, the goods that are stacked beyond the height of the box (according to the manufacturer or according to a modified designed approved of by a competent authority) must be firmly tied and choked to ensure safe while running on the road. The height of loaded goods must not exceed the heights below (from the road surface):

a) If the payload is 5 tonnes or more (according to the Certificate of vehicle registration), the height of loaded goods must not exceed 4.2 m;

b) If the payload is from 2.5 tonnes to < 5 tonnes (according to the Certificate of vehicle registration), the height of loaded goods must not exceed 3.5 m;

c) If the payload is below 2.5 tonnes (according to the Certificate of vehicle registration), the height of loaded goods must not exceed 2.8 m.

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

4. If the vehicle carries break bulk cargo or building materials such as soil, sand, gravel, coal, ores and the likes, the height of loaded goods must not exceed the box according to the manufacturer's design or a modified designed approved of by a competent authority.

Article 18. Width and length of goods loaded onto road vehicles

1. The width of loaded goods on a road vehicle is the width of the box according to the manufacturer’s design or according to a modified designed approved of by a competent authority.

2. The length of loaded goods on a road vehicle must not exceed 1.1 times the length of the vehicle according to the manufacturer’s design or a modified design approved by a competent authority, provided the length of loaded goods does not exceed 20 m. 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 the road.

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

4. Goods loaded onto a motorbike must not exceed the cargo bracket 0.3 m to the sides and 0.5 m to the rear. The height of goods from the road surface is 2.0 m.

5. Goods loaded onto a non-motorized vehicle must not exceed 1 m or 1/3 the vehicle length to the front and to the rear, whichever is lesser, and must not exceed 0.4 m to the sides from the wheel

Chapter 6.

PERMIT FOR OPERATION OF OVERLOADED VEHICLES, OVERDIMENSION VEHICLES, TRACKED VEHICLES, VEHICLES THAT CARRY OVERSIZE LOAD ON THE ROAD

Article 19. General regulations on issuance of permit for operation of overloaded vehicles, overdimension vehicles, tracked vehicles, and vehicles that carry oversize load on the road.

1. The permits are only issued to the overloaded vehicles, overdimension vehicles, tracked vehicles, and vehicles that carry oversize load on certain routes and in special cases when no other probable solution or no other type of road vehicle that is suitable for the task is available.

2. The operation permit shall not be issued if the load is divisible, or the tracked vehicle does not have mandatory parts to run on the road.

3. Operation permits shall not be issued to the owners, couriers, or hirers of the vehicles that have not repair the damage to road traffic works they cause during the operation of overloaded vehicles, overdimension vehicles, tracked vehicles, and vehicles that carry oversize load on the road.

4. The regulatory body entitled to issue operation permits (hereinafter referred to as issuer) must select the most rational route for  overloaded vehicles, overdimension vehicles, tracked vehicles, and vehicles that carry oversize load in order to ensure safety for the vehicles and the integrity of the road. It is prohibited to issue the operation permit when the loaded goods exceed the payload of the vehicle according to the manufacturer’s design or the permissible limit imposed by a registry authority after the design is modified, which is stated in the certificate of technical and environmental safety.

5. Any vehicle owner, courier, or hirer that wishes to operate an overloaded vehicle, tracked vehicle, or vehicle carrying oversize load that is beyond the bearing capacity of the road must incur the costs of surveying, road reinforcement, and quality assessment of the reinforced road (if necessary). The operation permit may only be issued after the road reinforcement is done and a report on quality assessment of the reinforced road shows that the road is able to withstand the overloaded vehicle, tracked vehicle, or the vehicle carrying oversize load.

6. Expiration of operation permit:

a) For the overloaded and overdimension vehicles that are permitted to may ignore certain rules (such as going within a permissible lane, being guided and escorted by other vehicles, using reinforced roads only, and other requirements):

- If the segment or route being used has been upgraded to standard, the operation permit expires when the transit is finished, but not exceeding 60 days.

- If the segment or route being used has not been upgraded to standard, the operation permit expires when the transit is finished, but not exceeding 30 days.

b) For the overloaded vehicles, overdimension vehicles, and vehicles carrying oversize load that are required to comply with certain requirements such as going within a permissible lane, being guided and escorted by other vehicles, using reinforced roads only, and other requirements: the operation permit expires when the transit is finished but not exceeding 30 days.

c) For self-propelled tracked vehicles: The operation permit expires when the vehicle reaches its destination.

d) The time limit of the permit for operation of an overloaded vehicle, overdimension vehicle, tracked vehicle, or a vehicle carrying oversize load mentioned in Point a, Point b, and Point c of this Clause must not exceed the time limit of the certificate of technical and environmental safety of the vehicle.

In case the time limit of the certificate of technical and environmental safety of the vehicle is shorter than the period mentioned in Point a, Point b, and Point c of this Clause, the time limit of the operation permit is equal to the time limit of the certificate of technical and environmental safety.

Article 20. Application and procedure for issuance of operation permit:

1. An application package for issuance of operation permit consists of:

a) An application form for the operation permit in Appendix 4 or Appendix 5 to this Circular. A diagram of the vehicle specifying the outer dimensions (height, width, and length after goods are loaded), distances between the axles and length of the rear must be enclosed with the application form.

The application form is the original. Information on the application form must be clear, sufficient, and must not be changed; the applicant is either the vehicle owner, the driver, or the hirer. The applicant must add their signature, full name, and seal (if the applicant is an organization) on the application form. If no seal is available, the applicant must directly follow the procedure and present their ID card.

b) A copy of the certificate of registration or temporary registration of the vehicle, tractor, trailer, or semi-trailer (if the vehicle is received lately).

a) Photocopies of the pages that contain the specifications of the vehicle and the latest inspection result of an unexpired certificate of technical and environment safety. If the vehicle is new, only the photocopies that contain the vehicle specifications (provided by the manufacturer) are necessary.

d) A vehicle owner’s declaration of the vehicle ownership when the operation permit is issued.

The applicant must present the original or notarized/authenticated copy of the aforementioned copies for comparison while following the procedure.

2. The issuance of the operation permit shall be considered within 02 working days from the receipt of the satisfactory application package.

If the road must be inspected to impose conditions or make decision on road reinforcement, within 02 working days from the receipt of the satisfactory application package, the issuer must request the applicant to inspect or reinforce the road;

The issuance of the operation permit shall be considered within 02 working days from the receipt of the report on inspection results or the report on road reinforcement from a qualified advisory organization.

3. Procedure for issuing the operation permit:

a) Any entity that wishes to operate an overloaded vehicle, overdimension vehicle, tracked vehicle, or a vehicle carrying oversize load on the road must follow the following procedure:

- Prepare the application package for the operation permit in accordance with Clause 1 of this Article;

- Submit 01 application package, pay the fees imposed by the Ministry of Finance to the issuer;

- Carry out an inspection and make an inspection report, or reinforce the road (if necessary) when the issuer makes a written request. Submit the report on inspection result or road reinforcement to the issuer.

b) The issuer shall receive, check the application package and issue the operation permit to the applicant if every requirement is satisfied by the deadline mentioned in Clause 2 of this Article.

Article 21. The power to issue operation permits

1. ⁴ The Directors of provincial Road authorities shall issue permits for operation of overloaded vehicles, overdimension vehicles, tracked vehicles, and vehicles that carry oversize load that run nationwide, except for the vehicles mentioned in Clause 3 Article 21 of the Circular No. 07/2010/TT-BGTVT dated February 11, 2010.

2. Directors of Services of Transport shall issue permits for operation of overloaded vehicles, overdimension vehicles, tracked vehicles, and vehicles that carry oversize load that run locally, except for the vehicles mentioned in Clause 3 of this Article.

3. The Director of Directorate for Roads of Vietnam shall issue permits for operation of the overloaded vehicles, overdimension vehicles, and vehicles carrying oversize load that are required to comply with certain requirements such as going within a permissible lane, being guided and escorted by other vehicles, or using reinforced roads.

Article 22. Responsibilities of issuers of operation permits

1. The issuers of operation permits are responsible for issuing operation permits to qualified applicants in order to facilitate the vehicle operations, ensure the suitability of the vehicles for the roads, and ensure traffic safety.

2. Issuers of operation permits are entitled to suspend any operation permit they issued if the requirements in the permit are not satisfied, or the applicant has not repaired the damage to the road traffic works they cause.

Article 23. Vehicle weight inspection

1. The equipment used for inspecting vehicle weight must be periodically inspected and tested in accordance with the laws on measurement. Every equipment for vehicle weight inspection must have an unexpired certificate of inspection.

2. Only check the axle weight if it is not possible to check the gross weight. If the vehicle has multiple axle groups, the axle that carries the most part of the weight shall be checked. Gross vehicle weight is the total of the axle weights.

3. A vehicle is considered to exceed the permissible weight limit in one of the cases below:

a) Its gross weight exceeds the permissible limit mentioned in Clause 2 Article 16 of this Circular;

b) Its gross weight does not exceed the permissible limit, but the gross axle weight exceeds 1.15 times the permissible limit mentioned in Clause 1 Article 16 of this Circular.

Chapter 7.

IMPLEMENTATION ⁶

Article 24. Inspection, penalties, and compensation

1. The inspection and imposition of penalties for the violations against this Circular must comply with the laws on inspection and penalties.

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

Article 25. Organization of implementation

1. Directorate for Roads of Vietnam shall unify the management, organization, and inspect the issuance of operation permits, and send reports on issuance of operation permits to the Ministry of Transport before December 31 every year according to Article 21 of this Circular.

2. Services of Transport shall:

a) Inspect and report the condition of the roads under their management to Directorate for Roads of Vietnam; the Director of Directorate for Roads of Vietnam shall instruct the issuers to issue operation permits that are suitable for the dimensional limits and load capacities of roads;

b) Issue operation permits within their competence; send quarterly reports on the issuance of operation permits to Directorate for Roads of Vietnam using the forms in Appendices 6a, 6b, 6c, and 7 to this Circular. Directorate for Roads of Vietnams shall send a summary report to the Ministry of Transport.

3. Issuers may collect part of the issuance fee according to regulations of the Ministry of Finance.

Article 26. Effect

1. This Circular takes effect after 45 days from the day on which it is signed. The Decision No. 63/2007/QD-BGTVT dated December 28, 2007 of the Minister of Transport on transport of oversize load and operation of tracked vehicles that damage the roads, overloaded vehicles, and overdimension vehicles on the road; the Decision No. 60/2007/QD-BGTVT dated December 07, 2007 of the Minister of Transport on limits on goods loaded onto trucks in traffic and announcement of load capacities of trucks".

2. The Chief of the Ministry Office, the Chief Inspector of the Ministry, Directors of Ministerial Departments, the Director of Directorate for Roads of Vietnam, Directors of the Services of Transport, heads of other organizations and relevant individuals are responsible for the implementation of this Circular.

3. It is recommended that the difficulties that arise during the implementation of this Circular be reported to the Ministry of Transport for consideration.