Chương II Luật Giao thông đường bộ 2001: Quy tắc giao thông đường bộ

Chapter II

LAND ROAD TRAFFIC RULES

Article 9.- General rules

1. People joining in traffic must keep to the right along their travel direction, travel on the prescribed road sections and obey the road signal system.

2. Drivers and people sitting on front seats of automobiles furnished with safety belts must fasten the safety belts.

Article 10.- Land road signal system

1. The land road signal system include traffic conductors commands, traffic lights, sign boards, road painted lines, marker posts or protection walls, barricades.

2. Traffic police’s commands:

a) Raising hand vertically straight to signal people in traffic to stop;

b) Stretching two or one hand horizontally to signal people in traffic in front or behind the traffic conductors to stop; the people in traffic on the right and the left of the traffic conductors to go straight and turn right;

c) Stretching the right hand to the front to signal that the people in traffic behind and on the right of the traffic conductors stop; the people in traffic in front of the traffic conductors may turn right; the people in traffic on the left of the traffic conductors may travel in all directions; the pedestrians crossing roads must go behind the traffic conductor.

3. The traffic lights are in three colors, with the meaning of each color as follows:

a) The green lights means passable;

b) The red lights means pass-ban;

c) The yellow lights means the signal change. When the yellow light is on, the means operators must stop their vehicles in front of the stop line, except for cases where operators have already passed the stop lines, they may continue to move on;

d) The flickering yellow light means being passable but watching traffic.

4. Road signboards include 5 groups with the meaning of each group as follows:

a) The ban signboards indicate various bans;

b) The danger signboards warn against dangerous circumstances likely to occur;

c) Command signboards indicate various commands to be obeyed;

d) Directing signboards indicate travel directions or necessary information;

e) Auxiliary signboards additionally express the ban signboards, danger signboards, command signboards or directing signboards.

5. Road painted lines indicate the division of road lanes, positions, traffic directions, stop positions.

6. Marker posts or protection walls are placed at the edges of dangerous road sections to guide the people in traffic for the safety scopes of the road beds and traffic directions.

7. Barricades are put at places where road beds are bottleneck, at bridge heads, sluice heads, ban roads, impasses, impassable to vehicles, pedestrians, or at places where traffic should be controlled and supervised.

8. The Minister of Communications and Transport shall specify road-signs.

Article 11.- Abiding by road signals

1. The people in traffic must abide by commands and instructions of the land road signal system.

2. Where there are traffic conductors, the people in traffic shall have to obey their commands.

3. Where there exist both the fixed signal boards and the provisional signal boards, the people join in land traffic shall have to abide by the commands of the provisional signal boards.

Article 12.- Vehicle speeds and distance between vehicles

1. Vehicle drivers must abide by the speed regulations while driving their vehicles on roads.

The Minister of Communications and Transport shall specify the speeds of motorized vehicles and the placement of speed sign boards.

2. Vehicle drivers must keep safe distance from vehicles running immediately before them; where there exists the signboard " the minimum distance between two vehicles", they must keep a distance not smaller than the figure inscribed on the signboard.

Article 13.- Using road lanes

1. Where there are on a road many motor lanes in the same direction, distinguished from each other by lane-dividing painted lines, the drivers must keep their vehicles on one lane and are allowed to change to other lanes at places where it is so permitted; when changing lanes, they must give advance signals and ensure safety.

2. Where there are on a one-way road lane-dividing lines, the rudimentary vehicles must keep to the innermost right lane while the motorized vehicles travel on the left lanes.

3. Assorted means joining in land road traffic with lower speeds must keep to the right.

Article 14.- Vehicle overtaking

1. Vehicles asking for permission to overtake must signal with lights or horns; in urban centers and populous areas from 22.00 hrs to 05.00 hrs, only light signals are used to ask for permission to overtake.

2. The overtaking vehicle may overtake only where there appear no obstacles in front of them, no vehicles running from the opposite direction within the road sections reserved for overtaking and the vehicle running before gives no signals to overtake other vehicles and has already moved to the right.

3. When there are vehicles asking permission to overtake, if the safety conditions permit, the operators of the means running in front must speed down, move close to the right of the motorway till the behind vehicles have already passed and must not cause hindrances to the vehicles asking for the overtaking.

4. When overtaking, vehicles must pass on the left, except for the following cases where they are permitted to pass on the right:

a) When the front vehicles give signals to turn left or are turning left;

b) When trams are running in the middle of roads;

c) When special-used vehicles are operating on roads, disenabling them to overtake on the left.

5. Vehicle overtaking is forbidden in the following cases:

a) The conditions prescribed in Clause 2 of this Article are not met;

b) There is only one motor lane on a narrow bridge;

c) Under flyovers, by-roads, slope heads and other positions with restricted visibility;

d) Where roads cross each other or roads crosscut railways;

e) Where weather conditions or road conditions do not permit safe overtaking;

f) Priority vehicles transmit priority signals while performing their tasks;

Article 15.- Changing vehicle directions

1. When wishing to change direction, the mean operators must speed down and signal the turning directions.

2. While changing direction, the vehicle drivers must give way to pedestrians and bicycle riders, who are travelling on road sections reserved for them, give way to vehicles running from the opposite direction and shall change the direction only when they see that no hindrance or danger is caused to people and other means.

3. In population areas, drivers may make U turns at places where roads cut each other and places where exist signboards permitting U turns.

4. It is prohibited to make U turns at road sections reserved for road-crossing pedestrians, on bridges, at bridge heads, under flyovers, in tunnels, at places where roads cut railways, on narrow roads, at winding road sections with visibility being restricted.

Article 16.- Reversing vehicles

1. When reversing their vehicles, the operators must observe behind, give necessary signals and shall reverse only when realizing no danger.

2. It is forbidden to reverse at areas where reversing is banned, on the road sections reserved for road-crossing pedestrians, at places where roads are crosscut, roads crosscut railways, at places with restricted visibility, in land road tunnels.

Article 17.- Bypassing vehicles running from the opposite direction

1. On roads which are not divided into two separate opposite running directions, when two opposite vehicles bypass each other, the operators must speed down and drive their vehicles to the right along their respective running directions:

2. Cases of giving way when bypassing each other:

a) At narrow road sections which permit only one vehicle to run and where bypasses are available, the vehicles which is closer to the bypass must move into the bypass and give way to the other vehicle;

b) Vehicles running downhill must give way to vehicles running uphill;

c) Vehicles facing hurdles in front must give way to the other vehicles.

3. At night, motorized vehicles running from opposite directions must switch from long-distance flashlight to short-distance flashlight.

Article 18.- Stopping, parking cars on non-urban roads

1. When stopping or parking their vehicles on non-urban roads, the operators must abide by the following regulations:

a) Giving signals to operators of other means;

b) Stopping, parking vehicles at places with broad roadsides or on land plots outside the motorways; where roadsides are narrow or not available, they must stop or park their vehicles close to road sides on the right along their running direction;

c) Where car stops and/or parks are built or stipulated on roads, the car drivers must stop and/or park their cars at such places;

d) After parking their vehicles, the operators may leave their vehicles only after taking safety measures, if the parking vehicles occupy part of the motorway, they must place signs for operators of other means to know;

e) Not opening car doors, leaving car doors open or stepping down from cars when the safety conditions do not permit;

f) When motorized vehicles stop, the drivers must not leave their driving positions;

g) Vehicles stopping on sloping road sections must have their wheels chocked.

2. It is forbidden to stop or park vehicles at the following positions:

a) On the left of one-way roads;

b) On winding road sections and near slope heads where visibility is restricted;

c) On bridges, under flyovers;

d) In parallel with another stopping or parking vehicle;

e) On road sections reserved for pedestrians to cross the roads;

f) At cross-sections;

g) At bus stops;

h) In front of and within 5 meters from both sides of the entrances of public offices or organizations;

i) At road sections wide enough for only one motor lane;

j) Within railway lines safety areas;

k) Covering road signboards.

Article 19.- Stopping, parking vehicles on urban roads

When stopping and/or parking their vehicles on urban roads, the operators must abide by the regulations of Article 18 of this Law and the following regulations:

1. Having to stop, park close to street pavements to the right along their running direction; in narrow streets, having to stop, park their vehicles at positions at least 20 meters away from the vehicles parking on the other side;

2. Not stopping or parking vehicles on tramways. Not leaving traffic means on road beds, pavements in contravention of regulations.

Article 20.- Priority rights of a number of vehicles

1. The following vehicles shall have the priority right to go before other vehicles when passing cross-roads from any direction in the following order:

a) Fire-fighting vehicles being on their way to perform their tasks;

b) Military vehicles, police vehicles being on their way for urgent tasks;

c) Ambulances performing emergency tasks;

d) Dike-watch vehicles, vehicles performing the task of overcoming natural disasters or urgent circumstances under the provisions of law;

e) Police-led motorcades;

f) Funeral vehicle convoys;

g) Other vehicles as provided for by law.

2. Vehicles prescribed at Points a, b, c, d and e of Clause 1, this Article, when on their way for urgent tasks, must give signals by horns, banner, lights as prescribed; shall not be restricted in speed; may enter one-way roads from the opposite direction and other passable roads even when the red light is on and only follow the instructions of the traffic conductors.

The Government shall specify the signals of priority vehicles.

3. When there appear signals of the priority vehicles, all people in traffic must promptly speed down, avoid or stop close to the right road side in order to give way. All acts of obstructing the priority vehicles are forbidden.

Article 21.- Crossing ferries, pontoon bridges

1. When reaching ferries or pontoon bridges, vehicles must queue up orderly at the prescribed places, without obstructing traffic.

2. When embarking ferry-boats, being on ferry-boats and disembarking ferry-boats, all people must dismount from vehicles, except the operators of motorized vehicles, special-use vehicles and machines, diseased people, aged people and disabled people.

3. Motorized vehicles must embark ferry-boats before rudimentary vehicles and people; when disembarking ferry-boats, people shall come up first, then the traffic means under the guidance of the traffic conductors.

4. Priority order for ferry-crossing, pontoon bridge crossing:

a) The priority vehicles prescribed in Clause 1, Article 20 of this Law;

b) Mail vans;

c) Fresh and raw foodstuff vans;

d) Mass transit vehicles.

Where priority vehicles of the same kind arrive at ferries or pontoon bridges simultaneously, the vehicles which arrive first will cross the ferries or pontoon bridges first.

Article 22.- Giving way at crossroads

When approaching crossroads, the means operators must speed down and give way according to the following regulations:

1. At crossroads without signals to move around the roundabouts, giving way to vehicles coming from the right.

2. At crossroads with signals to move around the roundabouts, giving way to vehicles coming from the left;

3. At a cross-section between a priority road and a non-priority road or between a by-road and a main road, the vehicles coming from the non-priority road or the by-road must give way to vehicles running on the priority road or the main road from any direction.

Article 23.- Travelling on cross-sections between roads and railway lines

1. At the cross-sections between roads and railway lines, where exist signal lights, barricades and signaling bells, when the red signal light are on, the signaling bells ring or the barricades are moving or closed, the land-road traffic participants must stop on the respective road section at a safety distance from the barricade; only when the red signal light is off, the barricade is fully opened or the signaling bell stops ringing can they make the crossings.

2. At the cross- sections between roads and railway lines where exist only signal lights or signaling bells, when the red signal light is on or the signaling bells ring, the land road traffic participants must stop immediately and keep a minimum distance of 5 meters from the nearest rail lines; when the signal light is off or the signaling bells stop ringing can they make the crossings.

3. At the cross-sections between roads and railway lines, where exist no signal lights, no barricades and no signaling bells, the land-road traffic participants must watch both directions, only when they feel sure that no railway means are approaching can they make the crossings; if they see railway means approaching, they must stop and keep a minimum distance of 5 meters from the nearest rail line and shall make the crossings only when the railway means have passed.

4. When land-road traffic means break down right at cross-sections between roads and railway lines and within the railway safety areas, the means operators must by all fastest ways place signals on the railway lines at least 500 meters on both sides in order to notify railway means operators and seek ways to report such to the nearest railways and station managers, and at the same time apply all measures to take the means out of the railways line safety areas as soon as possible.

5. People present at the places where the traffic means break down on the cross-sections between roads and railway lines have the responsibility to help the operators bring the means out of the railway safety areas.

Article 24.- Traffic on expressways

1. Drivers of vehicles running on express ways, apart from abiding by the traffic rules prescribed in this Law, shall also have to observe the following regulations:

a) When moving into expressways they must give signals therefor and give way to vehicles running on the expressways, only when deeming it safe can they join the vehicles into the traffic flow on the outmost lane; if there are speed-up lanes, they must drive their vehicles on such lanes before moving into the expressway lanes;

b) When moving out of expressways, they must move gradually to the right lanes, if there are speed-down lanes they must drive their vehicles on such lanes before leaving the expressways;

c) Not running their vehicles on roadsides;

d) Not making U turns, reversals;

e) Not running vehicles beyond the maximum speed and below the minimum speed, which are inscribed on signboards or painted lines on road surfaces.

2. The vehicle drivers must keep a safe distance from each other. The Minister of Communications and Transport shall prescribe the safe distance between vehicles running on roads.

3. They may stop, park their vehicles only at the prescribed places; where they are forced to stop or park their vehicles not at the prescribed places, the drivers must drive their vehicles out of the motorway; if unable to do so they must give signals so that other drivers can see.

Article 25.- Traffic in land road tunnels

Operators of means joining in traffic in land road tunnels, apart from abiding the traffic rules prescribed in this Law, shall also have to observe the following regulations:

1. The motorized vehicles must switch on their head lights even when the tunnels are full of light, and the rudimentary vehicles must be equipped with lights or illuminating objects as signals;

2. They may only stop, park their vehicles at prescribed places;

3. They must not make U turns and reversals.

Article 26.- Ensuring land roads load-bearing capacity and size limits

1. Means operators participating in land road traffic must abide by the regulations on load-bearing capacity and size limits of land roads and shall be subject to the inspection by competent bodies.

2. In special cases, vehicles which are overloaded or oversized beyond the limits prescribed for land roads and caterpillars which damage road surfaces may run on roads provided that such is permitted in writing by the road-managing bodies and compulsory measures are applied to protect roads and bridges and ensure traffic safety.

3. The Minister of Communications and Transport shall publicize the load-bearing capacity and size limits of land roads, prescribe the organization and operation of vehicle tonnage inspecting stations on roads as well as the granting of permits for overloaded and oversized vehicles and road surface- damaging caterpillars.

Article 27.- Automobiles pulling automobiles or trailers

1. An automobile may only pull another automobile when the latter cannot run on its own and shall have to abide by the following regulations:

a) The pulled automobile must have an operator and its steering system must still be effective;

b) The hook-up with the pulled automobile must be firm and safe; where the brake system of the pulled automobile is no longer effective, the pulling automobile and the pulled automobile must be hooked up by a hard connecting bar;

c) There must be signal boards in front of the pulling automobile and behind the pulled automobile.

2. Automobiles pulling trailers must have their total tonnage bigger than that of trailers or must have brake systems effective for trailers.

3. The following acts are prohibited:

a) Trailer automobiles or semi-trailer automobiles pulling another trailer or automobile;

b) Transporting people on the pulled automobiles;

c) Automobiles pulling rudimentary vehicles, motorized two-wheelers, motorized three-wheelers, mopeds or dragging things on roads.

Article 28.- Operators of, people sitting on, motorbikes, mopeds

1. Operators of motorized two-wheelers or mopeds may each only carry one adult and one child at most; in case of carrying sick persons for emergency or escorting criminals, they may each carry two adults.

2. The wearing of safety helmets by persons operating or sitting on motorized two-wheelers, motorized three-wheelers or mopeds shall be stipulated by the Government.

3. Persons operating motorized two-wheelers, motorized three-wheelers or mopeds are prohibited to commit the following acts:

a) Running their vehicles abreast;

b) Running vehicles in zigzags and/or swings;

c) Running vehicles in road sections reserved for pedestrians and other means;

d) Using umbrellas and/or mobile phones;

e) Using their vehicles to pull or push other vehicles or objects, to carry, shoulder or transport cumbersome things;

f) Taking off both hands from handlebars or running vehicles on one wheel, for two- wheelers or on two wheels, for three-wheelers;

g) Using vehicles without silencers and causing environmental pollution;

h) Other acts of causing traffic disorder and/or unsafety.

4. Persons sitting on motorized two-wheelers, motorized three-wheelers or mopeds are prohibited to commit the following acts:

a) Carrying or shouldering cumbersome things;

b) Using umbrellas;

c) Hanging on to, pulling or pushing other means;

d) Standing on saddles or pillions, or sitting on handlebars;

e) Other acts of causing traffic disorder and/or unsafety.

Article 29.- Persons operating or sitting on bicycles, persons operating other rudimentary vehicles

1. Bicycle operators, when participating in traffic, must abide by the regulations of Clause 1, Points a, b, c, d, e, f and h of Clause 3, Article 28 of this Law; persons sitting on bicycle pillions, when participating in traffic, must abide by the regulations of Clause 4, Article 28 of this Law.

2. Operators of other rudimentary vehicles must run their vehicles one after another and keep to the right lanes reserved for rudimentary vehicles at places where such lanes are available; when travelling at night time there must be signals in front and behind the vehicles.

3. Goods loaded on rudimentary vehicles must ensure safety, without obstructing traffic and the operators view.

Article 30.- Pedestrians

1. The pedestrians must go on pavements, roadsides; where pavements and roadsides are not available, they must walk close to the road edges.

2. At places where signal lights, painted lines reserved for pedestrians are not available, the pedestrians, when crossing roads, must watch approaching vehicles for safe road-crossing, give way to traffic means moving on roads and take responsibility to ensure safety when crossing roads.

3. At places where there are signal lights, painted lines or flyovers, tunnels reserved for the pedestrians, the pedestrians must abide by the instructing signals and cross the roads at such places.

4. On roads with median strips, the pedestrians must not cross over such median strips.

5. Children of under 7 years old, when crossing urban thoroughfares and/or roads with motorized vehicles frequently moving to and fro, must be led by adults.

Article 31.- Disabled, aged and weak people joining in traffic

1. Disabled people using non-motorized wheel chairs may travel on pavements and on places with painted lines reserved for the pedestrians.

2. Visually- handicapped people, when travelling on roads, must be led by other people or have devices to signal other people that they are visually handicapped.

3. All people have the responsibility to assist the disabled old and weak people in crossing roads.

Article 32.- Persons handling or leading animals on roads

1. Persons handling or leading animals on roads must herd them close to road edges and ensure sanitation on roads; in cases where they need to walk the animals across the roads they must watch traffic and may only let them cross the roads when the safety conditions are fully met.

2. It is forbidden to handle or lead animals into the motorways.

Article 33.- Other activities on roads

1. The organization of cultural and/or sport activities, parades, rituals on roads must comply with the Government’s regulations.

2. The placement of advertisement billboards on land areas of road safety corridors must be approved in writing by competent road management bodies.

3. The following acts are prohibited:

a) Holding markets on roads;

b) Illegally gathering people on roads;

c) Leaving animals unbridled on roads;

d) Illegally gathering materials, discarded materials; drying paddy, rice stock and straw, agricultural products and other things on roads;

e) Placing advertisement billboards on road land;

f) Covering road signs, traffic lights.

Article 34.- Using street thoroughfares

1. Road beds and pavements are used only for traffic purposes; in special cases, their temporary use for other purposes shall be stipulated by the provincial-level People’s Committee presidents but must not affect traffic order and safety.

2. The following acts are prohibited:

a) Dumping garbage or wastes on streets not at the prescribed places;

b) Illegally building or placing platforms, stands on street thoroughfares;

c) Removing lids of street sewages without permission;

d) Other acts of obstructing traffic.

Article 35.- Organizing traffic and conducting traffic

1. Organizing traffic shall cover the following contents:

a) Dividing lanes, flows and routes and setting traffic time for people and means participating in traffic;

b) Stipulating no-entry road sections, one-way roads, places banned from stopping, parking, U turns; installing road signs;

c) Announcing temporary or long-term changes in lane or route division as well as traffic time; applying emergency measures in case of incidents and other measures for traffic on roads in order to ensure smooth and safe traffic.

2. Responsibility to organize traffic:

a) The Minister of Communications and Transport shall have to organize traffic on the national highway system;

b) The provincial-level People’s Committees shall have to organize traffic on roads and streets under their respective management.

3. Traffic police’s responsibility to conduct traffic:

a) To command, direct traffic on roads; guide or force people joining in traffic to observe the traffic rules;

b) Upon unexpected circumstances which cause traffic jams or other urgent requirement to ensure security and order, to temporarily suspend traffic on certain road sections, re-arrange traffic flows or routes as well as provisional car stops and parks.

Article 36.- Responsibilities of individuals, agencies and organizations when traffic accidents occur

1. Drivers and persons directly involved in the accidents shall have the responsibility to:

a) Immediately stop their vehicles; keep intact the scene; rescue the victims and must show up at the request of the competent bodies;

b) Stay at the places of accident until people of the police office arrive, except for cases where the drivers have also got injured and must be carried for emergency or their lives are threatened, but they must submit themselves and report to the police office at the nearest place;

c) Provide accurate information on accidents to the police offices.

2. Persons present at the places where accidents occur have the responsibility to:

a) Protect the scene;

b) Provide timely assistance and rescue to the victims;

c) Immediately report to the nearest police office or People’s Committee;

d) Protect the victims’ property;

e) Provide accurate information on the accidents at the request of the police offices.

3. Other drivers, when passing the places of accidents, have the responsibility to carry the victims to medical establishments for emergency treatment. The priority vehicles and vehicles of subjects enjoying diplomatic privileges and immunities shall not be compelled to comply with the provisions of this Clause.

4. Upon receiving reports on accidents, the police offices shall have to promptly send their officers to the scenes to investigate the accidents and coordinate with the road management bodies and the local People’s Committees to ensure smooth and safe traffic.

5. The People’s Committees of the localities where the accidents occur shall have to promptly inform the police offices of the accidents for their presence to settle them; to organize the rescue and assistance of victims, the protection of scene and the protection of the victims property; in case of death, after the competent State bodies have completed all work as prescribed by law and permitted the burial and if the dead victims are unidentified, have no relatives or have relatives who have no capability for the burial, such People’s Committees shall have to organize the burial.

6. All acts of infringing upon the lives and properties of the victims as well as the accident causers are prohibited.