CHƯƠNG III Luật Đường sắt 2005: Phương tiện giao thông đường sắt

Chapter III

RAILWAY TRAFFIC MEANS

Article 38.- Conditions for circulation of railway traffic means

Railway traffic means, when being circulated, must be adequately accompanied with registration certificates; valid registry certificates of quality, technical safety and environmental protection standards.

Article 39.- Registration of railway traffic means

1, Railway traffic means which fully satisfy the following conditions shall be granted registration certificates:

a) The means have lawful origins;

b) The means are up to technical safety and environmental protection standards.

2. For railway traffic means with changes in their respective utilities or changes in principal technical parameters, the means owners must carry out procedures to apply for new registration certificates.

3. Upon the transfer of ownership rights, the new owners of railway traffic means must produce lawful purchase and sale papers, the valid registry certificates to the competent state agencies for granting of new registration certificates made under the new owners' names.

4. The railway traffic means owners must make declarations for cancellation of registration and return of registration certificates in the following cases:

a) Their railway traffic means are no longer used for railway traffic;

b) Their railway traffic means are lost or destroyed;

c) Their railway traffic means have been changed hand.

5. The Minister of Transport shall provide the registration of railway traffic means.

Article 40.- Registry of railway traffic means

1. Railway traffic means manufactured in Vietnam must conform to the quality, technical safety and environmental protection standards and be certified by Vietnamese registry offices or foreign organizations with registry functions authorized by Vietnamese registry offices.

2. In the course of manufacture, assembly, transformation or rehabilitation, railway traffic means must be subject to the supervision of quality, technical safety and environmental protection standards by Vietnamese registry offices or foreign registry organizations authorized by Vietnamese registry offices.

3. Railway traffic means, while being in the exploitation process, must be periodically inspected in terms of technical safety and environmental protection standards and granted certificates by registry offices.

4. Railway means owners shall have to repair, maintain the means to ensure their technical safety and environmental protection standards between two periods of inspection by the registry offices.

5. The registry offices must comply with the procedures, Vietnamese standards and branch standards when performing the registry. Heads of registry offices and persons directly performing the registry must be responsible for the registry results.

6. The Minister of Transport shall define the quality, technical safety and environmental protection standards of means; define the standards and conditions of material and technical foundations of registry offices and uniformly perform the registry of railway traffic means.

Article 41.- Necessary information and instructions on railway traffic means

1. Railway traffic means must be inscribed with signs of Vietnamese railways, means owners, place and date of manufacture, managing enterprises' names, dimensions, dead weight, tonnage, serial numbers and types, capacity, force transmission types.

2. Apart from the provisions in Clause 1 of this Article, the passenger cars must also have notice boards or other communication means for notification to passengers of the itineraries of trains, names of stations where trains stop, trains' speed, ways of circumstance handling upon the occurrence of fires, incidents; train internal regulations.

3. Signs, information and instructions must be clear and understandable; notice boards must be put up at places where they are easily to be spotted and read.

Article 42.- Brake, locomotive-carriage coupling equipment

1. Railway traffic means must have automatic brake equipment, manual brake equipment. The brake equipment must be regularly inspected to ensure their smooth and reliable operations.

2. On passenger cars and at the working places of train captains, emergency brake valves must be installed. The emergency brake valves must be periodically inspected and lead-sealed.

3. At the working places of train captains and on a number of passenger cars, pressure meters must be installed.

4. Locomotive-carriage coupling equipment must be installed with the right model and type suitable to each model and type of locomotive and carriage.

Article 43.- Equipment on railway traffic means

1. Railway traffic means must be equipped rescue hammers, fire-fighting equipment, instruments and materials, first-aid medicines, train chokes, tools and materials for simple repairs, portable signals.

2. On locomotives, self-propelled wagons and railway specialized self-propelled means, there must be speed meters, devices for recording train speeds and information related to train operations (black boxes); warning devices to keep train drivers alert while driving trains; at the train captain's working place, there must be train speed meters, devices for communications between train captain and train driver.

3. On passenger cars, there must be lighting equipment, cooling and air ventilating equipment; equipment in service of disabled people; sanitary facilities, excluding cars on urban railways.

Article 44.- Railway traffic means suspended from participation in railway traffic

1. Railway traffic means shall be suspended from participation in railway traffic in the following cases:

a) The means registry certificate has expired;

b) The means are detected as failing to meet the technical safety standards while operating.

2. The movement of newly imported means, trial-run means; the movement of broken railway traffic means to repair establishments shall comply with the railway process and regulations.

Article 45.- Importation of railway traffic means

The imported railway traffic means must be compatible with Vietnamese railway technical standards; be accompanied with certificates of satisfaction of requirements on quality, technical safety and environmental protection, granted by Vietnamese registry offices or foreign registry organizations authorized by Vietnamese registry offices. The importation of railway traffic means must comply with the provisions of law.