Chương V Luật Đường sắt 2017: Tín hiệu, quy tắc giao thông và bảo đảm trật tự, an toàn giao thông vận tải đường sắt

Chapter V

RAILWAY SIGNALS, RAILWAY RULES AND RAILWAY SAFETY

Section 1. RAILWAY SIGNALS AND RAILWAY RULES

Article 37. Railway signals

1. A railway signaling system includes orders of the person involved in train operation, onboard signals and ground signals, signs, detonators and torches. Signals indicate orders and conditions for train operation, shunting and stopping.

2. The railway signaling system must be adequate, accurate and clear, ensure safety and improve train performance.

3. Railway workers and road users must observe railway signals.

4. The Minister of Transport shall elaborate on railway signals.

Article 38. Railway rules

1. Railway rules include regulations on train operation dispatching command, train assembly, train operation, train dodging, train overtaking, train stopping and train reversing.

2. Regulations on train operation dispatching command:

a) The operation of train in each section shall be only commanded by a train dispatcher. Train operation order must be carried out under the command of the train dispatcher. Train dispatcher, traffic controller, train captain and driver must strictly obey the commands of the train dispatcher;

b) Within the railway station area, train dispatcher or traffic controller is the person who issues the train operation commands. Train captain and driver must obey the orders of the person issuing train operation commands or obey the signals;

c) On a train, the train captain is the commander in chief ensuring train operation safety;

d) On the train without train captain, single locomotive and train running on urban railway, driver is the commander in chief ensuring train operation safety.

3. Regulations on train assembly:

a) The train assembly must satisfy standards and regulations on railway;

b) Each coach must satisfy technical standards and regulations on safety so that it can be coupled.

4. Regulations on train shunting:

a) Train shunting is the movement of locomotives and coaches from one location to another within the railway station and block area. Train shunting must be carried out according to the plan of the traffic controller;

b) During train shunting, the driver must obey the command of the shunting commander.

5. Regulations on train operation:

a) During train operation, the driver must obey the following regulations:

Run the train from and through the station, stop train or dodge another train at the station under the orders from the traffic controller. The train may only enter the block with an evident permission.

The train may only enter and pass through the station via color light signals, semaphore signals and signals from the urban traffic controller.

Operate the train at the speed prescribed in Article 42 of this Law.

During train operation, the driver and co-driver on duty must not leave the working position;

b) The passenger train shall only run when all doors of passenger coach have been closed. Doors of passenger coach shall only be opened when the train completely stops at the railway station.

6. Regulations on train dodging and overtaking:

a) Train dodging and overtaking must be carried out at a railway station;

b) The driver shall carry out train dodging and overtaking on national and specialized railways under the orders from the traffic control; and on urban railways under the orders from the urban train dispatcher.

7. Regulations on train stopping and reversing:

The driver must stop the train when the stop signal is given; in case a threat to train operation is found or emergency stop signal is given, the driver is allowed to immediately stop or reverse the train. In case train is immediately stopped or reversed, the train captain or driver shall inform the train station as prescribed.

8. The Minister of Transport shall elaborate this Article.

Article 39. Traffic at level crossings, road-rail bridges, and tunnels

1. At level crossings and road-rail bridges, railway vehicles shall be given priority.

2. The driver must blow the train whistle before entering a level crossing, road-rail bridge or tunnel; switch on the headlights when running through a tunnel.

3. Road users traveling through level crossings and road-rail bridges must comply with regulations of the Law on Road Traffic and this Law.

4. At the level crossing and road-rail bridge with a flagman, when lights do not work or give wrong signals against regulations or road barriers are out of order, the level crossing flagman or road-rail bridge flagman must direct traffic.

Section 2. RAILWAY SAFETY ASSURANCE

Article 40. Railway safety assurance

1. Assurance of railway safety includes the following activities:

a) Assuring safety of of people, organizations and individuals’ vehicles and assets upon rail transport;

b) Assuring uniform and concentrated rail transport;

c) Preventing and fighting against infringement upon railway works and illegal occupation of railway safety corridors;

d) Measures for prevention of accidents on railways and at at-grade intersections between railways and roads.

2. Organizations and individuals must comply regulations of the law on assurance of railway safety.

3. Rail transport offences must be promptly detected and handled in accordance with law.

4. Organizations and individuals involved in rail transport are responsible for railway safety. Police forces and local governments at all levels which railways pass through shall ensure railway safety. Other organizations shall cooperate in the assurance of railway safety.

Article 41. Control of rail transport

1. Control of rail transport must be compliant with the following rules:

a) Be concentrated and uniform; comply with the published timetable;

b) Ensure safe and continuous rail transport in line with the timetable;

c) Ensure equality between rail transport enterprises.

2. Control of rail transport includes:

a) Establishing, distributing and publishing the timetable;

b) Ensuring uniform, concentrated, safe and continuous train operation in accordance with the published timetable, regulations on railway signals, railway rules and train operation order;

c) Giving command to the response to accidents on the railway;

d) Receiving and consolidating information relating to the control of rail transport;

dd) Cooperating with international railway organizations in controlling rail transport;

e) Storing data on the control of rail transport in accordance with regulations of law.

3. The Minister of Transport shall specify the control of national and specialized rail transport.

4. People’s Committees of provinces shall specify the control of urban rail transport.

Article 42. Load, maximum load order and maximum speed order

1. The load of active train must not exceed the permissible load applied to each section and railway line according to the maximum load order.

2. The maximum load order shall be created according to technical conditions and bearing load of the work and bridge construction equipment.

3. The maximum speed order shall be created according to the permissible technical conditions, capacity of railway works and railway vehicle load.

4. The railway infrastructure enterprise shall create and publish the maximum load order and maximum speed order on the segment or railway line assigned to such enterprise.

5. The Minister of Transport shall specify procedures for creating and publishing maximum load order and maximum speed order applied to trains running on national railways, urban railways sharing the national and specialized railways.

6. People’s Committees of provinces shall specify procedures for creating and publishing maximum load order and maximum speed order applied to trains running on urban railways.

Article 43. Timetables

1. A timetable provides a basis for train operation and is established on an annual, periodic and seasonal basis for each line and the entire railway network. The timetable must be established according to the principle of non-discrimination, must ensure rail transport safety and must be made publicly available.

2. The establishment of a timetable must depend on the following factors:

a) Transport enterprise’s demands, including time, payload, number of passengers and transport quality; transport lines, departure, transit and destination stations;

b) Capacity of the railway infrastructure and railway vehicles;

c) The time needed for maintenance and repair of railway works;

d) The order of priority of trains running on the same line.

3. The railway infrastructure enterprise shall establish and publish the timetable applied to trains running on the railway line which the enterprise manages.

4. The power to establish and publish the timetable:

a) The Minister of Transport shall establish and publish the timetable and inspect the adherence to the timetable applied to trains running on national railway, specialized railway that is connected to the national railway, and urban railway sharing the national railway;

b) The People's Committees of provinces shall establish and publish the timetable, and inspect the adherence to the timetable applied to trains running on urban railways, specialized railway that is connected to the national railway.

Article 44. Responsibility of organizations and individuals upon the occurrence of railway accidents

1. When a railway accident occurs, the relevant organization or individual must undertake the following missions:

a) Driver or another onboard railway worker must immediately stop the train;

b) The train captain shall assign railway workers and the person that is present at the scene to assist the victims, protect assets of the State and the victims and immediately inform the nearest rail transport control organization or railway station.

In case of damage to the train or railway, the train captain shall make an accident record and provide information relating to the accident at the request of a competent authority.

In case of no damage to the train or railway, the train captain shall keep operating the train after making the accident record and appointing another person to work with the competent authority on his/her behalf.

c) Upon receipt of notification, the rail transport control organization or railway station shall immediately inform the nearest police station and People’s Committee;

d) Upon receipt of notification, the nearest police station and People’s Committee shall be immediately present at the crash scene.

2. For the train without train captain, in addition to immediately stopping the train upon the occurrence of a railway accident, the driver shall undertake the train captain’s missions as prescribed in Point b Clause 1 of this Article. In case of no damage to the train or railway, the driver shall be only allowed to keep operating the train after making the accident record and appointing another person to work with the competent authority on his/her behalf.

3. Another road user shall transport the victim to a health facility when passing through the place where the railway accident occurs unless that road user is on urgent mission.

4. People's Committees at all levels where the railway accident occurs shall cooperate with police stations and railway enterprises in assisting the victim and protect assets of authorities, organizations and individuals. The People's Committee of the commune where the railway accident occurs shall organize the burial of unidentified victims.

5. All organizations and individuals must not obstruct the restoration of the railway and rail transport after the occurrence of a railway accident.

6. The Minister of Transport shall specify the response to railway accidents; shall analyze, produce statistics on and report railway accidents.

Article 45. Actions taken upon detection of railway accidents

1. The person who detects any act or accident that potentially obstructs or threatens rail transport safety shall inform the nearest railway station, railway authority, local authority or police station; in case of emergency, stop signals must be immediately sent to the train.

2. Upon receipt of notification or stop signal, the recipient must take immediate actions to ensure rail transport safety and inform the unit directly managing railway infrastructure, which will cooperate with relevant units in taking remedial measures.

3. The organization or individual that commits any act that obstructs or threatens rail transport safety must incur penalties; in case of damage, they must provide compensation as prescribed by law.

Article 46. Rail transport safety assurance by rail transport enterprises

1. The railway enterprise shall ensure rail transport safety under their management; cooperate with police stations and People’s Committees in preventing and taking actions against violations of the law on railway transport, and is responsible to the law for their decision.

2. Rail transport enterprises using the national railway network shall assemble onboard security forces.

3. The Government shall specify the organization, uniforms, badges, tasks and powers of onboard security forces. The equipment, management and use of support instruments of onboard security forces shall be compliant with regulations of the law on management and use of weapons, explosive materials and support instruments.

Article 47. Responsibility of Public Security Forces for rail transport safety assurance

1. The Public Security Force shall assume the following responsibilities within its jurisdiction:

a) inspect and search railway vehicles, operators and passengers thereon as prescribed by law;

b) investigate and respond to railway accidents and take actions against violations of the law on rail transport;

c) take charge and cooperate with transport inspectors, railway security forces, and relevant authorities, organizations and individuals in ensuring rail transport safety.

2. The Minister of Public Security shall specify procedures for inspecting the imposition of penalties for violations and investigating and responding to railway accidents.

Article 48. Responsibility of People’s Committees at all levels which railways pass through for rail transport safety assurance

People’s Committees at all levels shall, within their jurisdiction, organize, direct and inspect the performance of the following tasks:

1. Disseminate and educate about the law on railway safety assurance;

2.  Provide land area for construction of collector roads, flyovers, underpasses and fences to ensure rail transport safety when allocating and leasing out land along the railway safety corridor;

3. Take measures against illegal occupation of railway safety corridor and measures for railway safety assurance;

4. Improve safety at illegal crossings; gradually remove illegal crossings; be responsible for the appearance of new illegal crossings;

5. Provide sufficient funding for the assurance of rail transport within their responsibility;

Carry out inspections and take actions against violations of rail transport safety as prescribed by law;

7. Participate in the response to railway accidents as prescribed in Article 44 of this Law;

8. The head of the local government of the area which railways pass through must bear responsibility in case a railway accident occurs in the area under their management in accordance with regulations of law.