CHƯƠNG IV Luật Đường sắt 2005: Nhân viên đường sắt trực tiếp phục vụ chạy tàu

Chapter IV

RAILWAY PERSONNEL IN DIRECT SERVICE OF TRAIN OPERATION

Article 46.- Conditions on railway personnel in direct service of train operation

1. Railway personnel in direct service of train operation shall include:

a) Train captains;

b) Train drivers, assistant drivers;

c) Train running controllers;

d) Direct station train operators;

e) Chief shunters;

f) Switch men;

g) Couplers;

h) Railroad, bridge, tunnel patrollers, tunnel guards;

i) Crossroad, common bridge guards.

2. Railway personnel in direct service of train operation, defined in Clause1 of this Article, when performing their tasks, must satisfy the following conditions:

a) Possessing professional diplomas or certificates suitable to their titles, which are granted by training establishments recognized by the Ministry of Transport;

b) Possessing health certificates issued periodically under the Health Ministry's regulations;

c) For train drivers, apart from the conditions defined in this Clause, they must also possess train-driving licenses.

3. Railway personnel in direct service of train operation, when performing their tasks, shall have the following responsibilities:

a) To perform jobs according to their respective titles, technical grade standards, process and regulations;

b) To strictly obey the train-operation commands, observe regulations and directives of superiors;

c) To wear the prescribed uniforms, badges, insignia and title cards.

4. The Minister of Transport shall stipulate the training contents, programs, conditions for title- training establishments; criteria of the titles defined in Clause 1 of this Article; the test and examination contents and procedures and organize the grant, exchange, recovery of train-driving licenses.

Article 47.- Train-driving licenses

1. Train-driving licenses are certificates granted to persons directly driving railway traffic means.

2. Persons granted train driving licenses shall be allowed to drive only the types of railway traffic means specified in their respective driving licenses.

3. Persons granted train-driving licenses must fully satisfy the following conditions:

a) Being at the age of between 23 and 55 for men, between 23 and 50 for women; possessing health certificates;

b) Possessing professional diplomas, certificates in driving railway traffic means, granted by training establishments;

c) Having worked as train assistant-drivers for 24 consecutive months or more;

d) Having gone through a test prescribed for the types of railway traffic means in the train-driving licenses.

Article 48.- Train captains

1. A train captain is the highest commander onboard a train, bearing the responsibility to ensure security, order, safety and service for passengers, to ensure train operations according to schedule and orders of train operators, in accordance with train operation process and regulations; to settle railway traffic accidents under the provisions in Article 11 of this Law.

2. During train itineraries, the train captains may arrest persons committing offenses in the act; to put them in custody according to administrative procedures applicable to persons committing acts of violating regulations on order and safety on trains in accordance with the provisions of law and must hand over such persons to station chiefs or local police offices or administrations when the trains stop at the nearest stations.

3. In case of urgency, train captains may order passengers in order to apply measures to ensure safety for the trains and must immediately report to train operators or the nearest stations on the state of urgency.

4. Train captains may refuse to let trains operate when deeming that safety conditions for train operations are not yet fully met; refuse to receive personnel failing to satisfy the professional qualification and/or health requirements to work onboard trains under different titles; suspend the work of train personnel who violate disciplines. Train captains have the responsibility to immediately report to competent authorities for settlement when exercising their rights of refusal defined in this Clause.

5. Train captains shall have the responsibility to make records on cases of childbirth, death, injury onboard the trains with the participation of two witnesses; train captains are entitled to decide to stop trains at stations most convenient for rescue of people and must transfer such people together with their assets and relevant papers to station chiefs or police offices, hospitals, local administrations.

6. Before permitting the trains to move and in the course of train operation, train captains shall have the responsibility to check the safety conditions for train operation and other matters related to safety of people and means.

7. Train captains shall have the responsibility to record diaries, make reports and documents related to trains' itineraries.

8. In cases where many trains are combined together into a mixed train convoy, the captain of the last train shall act as the common commander of the mixed train convoy.

Article 49.- Train drivers, assistant drivers

1. Train drivers are persons who directly operate trains; bear responsibility to operate locomotives safely, at the prescribed speeds and according to time schedule under train operation timetable, train-running commands, process and regulations; have the responsibility to observe the provisions of Article 11 of this Law upon the occurrence of railway traffic accidents.

2. Train drivers shall be allowed to operate trains only when they possess train driving licenses.

3. Train drivers shall have the right to refuse to let train move if deeming that the necessary safety conditions are not fully met and immediately report thereon to the competent authorities for settlement.

4. Before running trains, train drivers must check and certify possessions permitting the occupation of station-to-station sections, accurately identify signals of train captains and direct station train operators permitting the trains to run.

5. While operating trains, train drivers shall have the responsibility to check the technical conditions of locomotives and other matters related to safety of the locomotives and train operations according to regulations.

6. While performing their tasks, train drivers and assistant drivers must alertly monitor and strictly follow the instructions on signal boards, signboards, markerposts on roads, observe road and bridge conditions and displays of signals.

7. In the course of operating trains, train drivers must check automatic brake effects according to procedures and regulations, particularly in cases where trains climb up or down high and long slopes.

8. Train assistant drivers are persons who assist train drivers in the course of train operation, supervising train speeds and observing signals to promptly notify train drivers for handling.

Article 50.- Train-running controllers are persons who directly command train operation in accordance with the timetable on an assigned rail route, depot-to-depot section; directly pass the orders to command rescue and salvage trains upon the occurrence of train operation incidents; issue orders to blockade depot-to-depot sections, speed warning orders to relevant units; issue order to suspend train operations if deeming it unsafe for train operation.

Article 51.- Direct station train controllers

1. Direct station train controllers are persons who administer the train formation, cargo loading and unloading, reception and seeing off of passengers, organize the shunting, reception, sending of trains and other related activities in stations according to timetable, issue orders to command train operations, train operation process and regulations; participate in settling railway traffic accidents according to the provisions in Article 11 of this Law.

2. Direct station train controllers shall have the right to refuse to permit the operation of trains if deeming that necessary conditions are not fully met and have the responsibility to promptly notify the train-running controllers thereof.

3. Direct station train controllers shall have the responsibility to inspect necessary safety conditions in accordance with regulations on technical standards, professional standards and other matters related to safety for people, means, equipment and cargoes while performing their tasks.

Article 52.- Switch men

1. Switch men are persons who are subject to the direct command and administration direct station train controllers, managing, supervising, inspecting and using switches in service of the work of organizing station train operations according to timetable, train operation commands, process and regulations, technical management rules of stations.

2. Switch men shall have the responsibility to inspect necessary safety conditions in accordance with regulations on technical standards, professional standards and other matters related to train operation safety while performing the assigned tasks.

Article 53.- Chief shunters, couplers

1. Chief shunters are persons who are subject to the command and administration of direct station train controllers, organizing and performing the locomotive-carriage shunting and coupling in service of the organization of train operations, cargo loading and unloading, passenger transportation of the stations according to train operation commands, process and regulations, technical management rules of stations.

2. Couplers are persons who are subject to the direct command and administration of chief shunters, performing the locomotive-carriage shunting and coupling according to the stations' technical management process, regulations and rules.

3. Chief shunters and couplers shall have the responsibility to inspect necessary safety conditions in accordance with the regulations on technical standards, professional standards and other matters related to train operation safety while performing the assigned tasks.

Article 54.- Railroad, bridge, tunnel patrollers, tunnel guards; crossroad, common bridge guards

1. The railroad, bridge and tunnel patrollers and tunnel guards shall have the following responsibilities:

a) To check and monitor regularly and detect in time failures, obstacles and handle them to ensure train operation safety within the assigned geographical boundaries; to fully note down in patrol and guard books and report thereon to superiors according to regulations;

b) To repair, handle in time minor failures, obstacles; to participate in maintaining railroads, bridges, tunnels as assigned;

c) To promptly protect, quickly notify or signal trains to stop upon detection of failures, obstacles which threaten the railway communications and transport safety; to participate in protection of railway infrastructures and railway traffic means within the assigned scope.

2. Crossroad, common bridge guards shall have the following responsibilities:

a) To close, open crossroad barriers in time, ensure safety for people and means joining in land traffic when railway traffic means run across crossroads;

b) To directly check, preserve, maintain and use works, crossroad barrier equipment compatible with regulations on technical standards, process and regulations.