Chương V : Quy tắc giao thông và tín hiệu của phương tiện

Chapter V

NAVIGATION RULES AND VESSELS' SIGNALS

Section 1. NAVIGATION RULES

Article 36.- Observance of inland waterway navigation rules

1. Captains or steersmen, when steering vessels on inland waterways, must obey inland waterway navigation rules and signals prescribed in this Law.

2. Sea-going ship captains, when steering sea-going ships on inland waterways, must obey inland waterway signals and navigation rules applicable to motorized vessels.

3. Captains or steersmen of vessels underway must steer their vessels at safe speeds so that they can handle circumstances to avoid collision, not to cause danger to other vessels or harm works; keep a safe distance between their vessels and other vessels; must slacken the speed of their vessels in the following cases:

a/ Navigating in close proximity to vessels being on operation on channels, vessels in distress, vessels transporting dangerous cargoes;

b/ Navigating within the area of an inland port or a landing stage;

c/ Navigating close to dykes or embankments during the spate time.

4. Captains or steersmen of vessels underway must not cling or tie their vessels to passenger vessels or dangerous cargo vessels also underway or let passenger vessels or dangerous cargo vessels cling or tie to their vessels, except for the case of rescue, salvage or force majeure circumstances.

Article 37.- Navigating under restricted visibility conditions and at cross-channels or channel bends

1. When navigating under conditions of mist, fog or heavy rain or other causes which restrict visibility, captains or steersmen must slacken the speed of their vessels and at the same time release sound signals as prescribed in Clause 1, Article 48 of this Law and arrange lookouts at necessary places on board the vessels. If the route cannot be seen clearly, they must anchor their vessels, arrange lookouts and release sound signals as prescribed in Clause 2, Article 48 of this Law.

2. When their vessels arrive at cross-channels or channel bends, captains or steersmen must slacken the speed of their vessels, release signals repeatedly as prescribed in Article 46 of this Law and keep their vessels to the signaled side of the channel till their vessels pass the cross-channels or channel bends.

Article 38.- Priority rights of vessels on special duty

1. The following vessels on special duty shall be given priority passage when passing locks, culverts, dams, irregularly opened bridges, navigation control areas, cross-channels or channel bends in the following order:

a/ Fire-fighting vessels;

b/ Salvage vessels;

c/ Dyke protection vessels;

d/ The army's or police's vessels on emergency duty;

e/ Vessels or vessel convoys escorted or guided by the police.

2. Vessels prescribed in Clause 1 of this Article must early release maneuvering signals prescribed in Article 46 of this Law.

3. Captains or steersmen of vessels not specified in Clause 1 of this Article, when seeing or hearing the signals of the vessels on special duty, must slacken the speed of their vessels, keep their vessels to one side of the channel in order to give way.

Article 39.- Head-on vessels keeping out of each other's way

1. When two head-one vessels are in danger of collision, their captains or steersmen must slow down their vessels and keep out of the way of, and give way to, each other on the following principles:

a/ The vessel sailing upstream must keep out of the way of, and give way to, the vessel sailing downstream. In case of standing water, the vessel that releases the signal earlier must have its way kept out and given way by the other vessel;

b/ Rudimentary vessels must keep out of the way of, and give way to, motorized vessels, vessels with a smaller engine capacity must keep out of the way of, and give way to, vessels with a larger engine capacity; vessels proceeding alone must keep out of the way of, and give way to, tow convoys.

c/ All vessels must keep out of the way of rafts as well as vessels that are releasing not-under-command signals, vessels in distress or vessels being on operation on channels.

2. When keeping out of the way of another vessel, the vessel which is given way must early release a maneuvering signal under the provisions of Article 46 of this Law and must sail to the signaled side of the channel and the other vessel must keep out of the way and give way.

Article 40.- Crossing vessels keeping out of each other's way

When two crossing vessels are in danger of collision, their captains or steersmen must slow down their vessels, keep out of the way of, and give way to, each other on the following principles:

1. Rudimentary vessels must keep out of the way of, and give way to, motorized vessels;

2. All vessels must keep out of the way of rafts;

3. Any motorized vessel, when seeing the other motorized vessel on its starboard side, must keep out of the way of, and give way to, such vessel.

Article 41.- Sailboats keeping out of the way of one another

1. Vessels, when proceeding under sail, shall keep out of the way of one another on the following principles:

a/ Boats sailing windward keep out of the way of boats sailing leeward;

b/ Boats having the wind on their port side keep out of the way of boats having the wind on their starboard side;

c/ Boats sailing with greater wind exposure keep out of the way of boats sailing with lesser wind exposure.

2. Other rudimentary vessels must keep out of the way of sailboats.

Article 42.- Vessels overtaking others

1. Vessels overtaking others shall observe the following principles:

a/ Vessels intending to overtake must release a long blast repeatedly;

b/ Vessels to be overtaken, when hearing this blast, if finding overtaking safe, must slow down and release a maneuvering signal under the provisions of Point a or Point b, Clause 1, Article 46 of this Law, and keep to the signaled side of the channel till the overtaking vessels are finally past and clear; if finding overtaking impossible, it must release 5 short blasts;

c/ Vessels intending to overtake can overtake only when hearing the maneuvering sound signals of to be-overtaken vessels; While overtaking, they must release the sound signal indicating the side on which they are to overtake and must keep a safe horizontal distance from the overtaken vessels.

2. Vessels intending to overtake must not overtake in the following cases:

a/ At the places where there are no-overtaking signs;

b/ There are vessels approaching or obstructions ahead;

c/ At cross-channels, channel bends or at places where there are narrow- channel signs;

d/ When sailing through the clear spans of bridges, culverts, through locks or navigation control areas;

e/ Other cases where safety is not guaranteed.

Article 43.- Vessels sailing through the clear spans of bridges or culverts

1. Before steering their vessels through the clear spans, captains or steersmen must observe the following provisions:

a/ Firmly grasping the width and height parameters of the clear span, the state of the channel and current flow;

b/ Checking the system of steering, anchors, anti-shock cushion, and support poles;

c/ For tow convoys, making a plan on the assembly of the convoy suitable to the width and height of the clear span and assigning specific duties to each crewman.

2. Captains or steersmen shall steer their vessels through the clear spans only when they deem that all safety conditions are met; in case of necessity, they must ask for guidance of the navigation regulation sections or the inland waterway management units.

3. Captains or steersmen must steer their vessels through the right spans where the clearance signal is shown; for clear spans with channel-directing buoys, they must steer their vessels between the two buoy lines.

4. Where there are whirlpools or swift currents at the clear spans, if finding it unsafe, the captains or steersmen must take measures to steer their vessels safely through the clear spans; in case of waiting to pass through the clear spans, the vessels must be firmly anchored in safe positions and lookouts must be arranged on board.

5. In navigation control areas, captains or steersmen must obey the navigation controllers' orders.

Article 44.- Anchoring of vessels

1. Vessels must be anchored at the prescribed places in inland waterway ports or landing stages, observe the internal rules of such ports or landing stages and lookouts must be arranged on board.

Vessels anchored alongside a bank must arrange a gangway for crewmen of vessels anchored outside and people on official duty to pass through.

2. Where it is necessary to anchor vessels outside the area of an inland waterway port or landing stage for passengers to embark or disembark or for cargoes to be loaded or unloaded, the permission of the competent State management agency in charge of inland waterway navigation is required. Other vessels may stop alongside these vessels for passengers to embark or disembark or for cargoes to be transshipped when the latter have been moored.

3. Before leaving an inland waterway port or landing stage or their berths, vessels must release sound signals and may raise anchor only when they deem it safe.

4. Vessels must not be anchored or moored in mid-channels, at cross-channels or channel bends, within the protection corridors of bridges or other works, and in places where exist no-anchoring signs.

Section 2. SIGNALS OF INLAND WATERWAY NAVIGATION VESSELS

Article 45.- Signals of vessels

1. Signals of vessels, which are used to notify the vessels' operating state, include:

a/ Sound signals, which are sound signals sent out from whistles, bells, gongs or other things;

b/ Light signals, which are lighted signals used from sunset to sunrise or in case of restricted visibility;

c/ Signs, which are objects with specific shapes, colors and sizes for use in the cases prescribed by this Law;

d/ Signal flags, which are flags with specific shapes, colors and sizes for use in the cases prescribed by this Law.

2. The Transport Minister shall prescribe the technical standards of sound signals, light signals, signs and flag signals.

Article 46.- Maneuvering signals

1. When needing to alter their vessels' course, captains or steersmen must release sound signals to maneuver the vessels they are steering as follows:

a/ One short blast to mean: altering the course to starboard;

b/ Two short blasts to mean: altering the course to port;

c/ Three short blasts to mean: operating astern propulsion.

2. Apart from sound signals specified in Clause 1 of this Article, vessels may at the same time send out light signals as follows:

a/ One flash to mean: altering the course to starboard;

b/ Two flashes to mean: altering the course to port;

c/ Three flashes to mean: operating astern propulsion.

Article 47.- Warning sound signals

Captains or steersmen shall notify the operating state of the vessels they are steering with the following blasts:

1. Four short blasts to mean: calling for help;

2. Five short blasts to mean: cannot give way;

3. One long blast to mean: asking for passage, attention;

4. Two long blasts to mean: stop;

5. Three long blasts to mean: about to enter the landing stage, leave the landing stage, farewell;

6. Four long blasts to mean: asking for opening of bridge, culvert or lock;

7. Three short blasts followed by three long blasts followed by three short blasts to mean: man falling overboard;

8. One long blast followed by two short blasts to mean: the vessel has run aground or is engaged on an operation on the channel;

9. Two long blasts followed by two short blasts to mean: the vessel is not under command.

Article 48.- Sound signals in case of restricted visibility

When visibility is restricted by mist, fog, heavy rain or other causes, vessels must release sound signals as follows:

1. A long blast at intervals of two minutes to mean: the vessel has slowed down or turned off its engine but is still making through the water;

2. Two long blasts at intervals of two minutes to mean: the vessel has stopped.

Article 49.- Classification of vessels for the use of signals

Vessels are classified into the following six categories for use of signals:

1. Category A covers motorized vessels with total main engine capacity of 50 horse powers or more each;

2. Category B covers motorized vessels with total main engine capacity of 5 horse powers and under 50 horse powers each;

3. Category C covers non-motorized vessels with a gross tonnage of 50 tons or more each;

4. Category D covers motorized vessels with total main engine capacity of under 5 horse powers and non-motorized vessels with a gross tonnage of under 50 tons each;

5. Category E covers rafts of over 25 meters in length and over 5 meters in breadth each;

6. Category F covers rafts of up to 25 meters in length and up to 5 meters in breadth each.

Article 50.- Signal lights on vessels proceeding alone

1. For category-A vessels:

a/ The light mast shall be exhibited with a white fore light at least 3 meters above the water surface; two sidelights, the green one on the starboard side and the red one on the port side, placed laterally and lower than the white fore light at least one fourth of the white fore light's height; a white sternlight placed lower than the white fore light, shall be exhibited;

b/ For vessels with a design speed of 30 km/hour or higher and the greatest length of 12 meters or longer, in addition to the signal lights specified at Point a of this Clause, the light mast shall be also exhibited with a flashing yellow light 0.5 meter above the white fore light;

c/ For vessels with a design speed of 30 km/hour or higher and the greatest length of under 12 meters, the light mast shall be exhibited with a flashing yellow light;

d/ For vessels with a design speed of under 30 km/hour and the greatest length of under 12 meters, the light mast shall be exhibited with a signal light as required for category-B vessels prescribed in Clause 2 of this Article.

2. For category-B vessels, the light mast shall be exhibited with a half-green and half-red light at least 2 meters above the water surface.

3. For category-C vessels, two sidelights, the green one on the starboard side and the red one on the port side, and a white sternlight shall be exhibited.

4. For category-D vessels, a white light placed at least 2 meters above the water surface shall be exhibited.

5. For category-E vessels, a red light shall be exhibited amidships; two white lights shall be exhibited on the centerline of the raft, one at the fore and one at the aft; for a raft of 15 meters in breadth, the white lights on the centerline shall be substituted with four white lights placed at the four corners of the raft, at least 1.5 meters above the water surface.

6. For category-F vessels, a red light shall be exhibited amidships, at least 1.5 meters above the water surface.

Article 51.- Signals on tug convoys

1. For category-A tug vessels:

a/ At night, in addition to the signal lights specified in Clause 1, Article 50 of this Law, when towing, the light mast shall be also exhibited with a white fore light if the tow convoy is of under 100 meters in length or two white fore lights, 1 meter away, shall be also exhibited if the tow convoy is of 100 meters or more in length;

b/ At daytime, on the light mast, each white fore light shall be substituted with a sign consisting of two overlapping black balls, each of 0.3 meter in diameter.

2. For category-B tug vessels:

a/ At night, in addition to the half-green and half-red light, when towing, on the light mast, a white light shall be also exhibited 0.5 meter higher than the half-green and half-red light;

b/ At daytime, on the light mast two signs shall be hoisted, each consisting of two overlapping black balls, of 0.3 meter in diameter.

3. For tugged vessels:

a/ For category-A and category-C vessels, only leading vessels shall exhibit sidelights; if vessels are assembled in many rows, the outermost vessels shall exhibit lights on the outward sides while the vessels towed last must exhibit white sternlights;

b/ Category-B, category-D, category-E and category-F vessels shall exhibit corresponding signal lights prescribed in Article 50 of this Law;

c/ Where only one vessel is tugged with nobody on board and the length from the stern of the tugged vessel to the stern of the tug vessel does not exceed 6 meters, the tugged vessel is not required to exhibit lights.

Article 52.- Signals on convoys towed alongside

1. On category-A towing vessels:

a/ At night, in addition to the signal lights specified in Clause 1, Article 50 of this Law, the light mast shall be also exhibited with a white fore light 1 meter higher than the first white fore light;

b/ At daytime, the light mast shall be hoisted with two signs, each consisting of two overlapping black balls, each of 0.3 meter in diameter.

2. For category-B towing vessels, they shall exhibit the signals prescribed in Clause 2, Article 51 of this Law.

3. For towed vessels:

a/ Category-A and category-C vessels shall exhibit sidelights and white sternlights;

b/ For category-B, category-D and category-F vessels, outermost vessels shall exhibit corresponding signal lights as prescribed in Article 50 of this Law; vessels in the center are not required to exhibit lights.

c/ Category-E vessels shall exhibit a red light amidships, two white lights at two outer corners; all of these lights must be placed at least 1.5 meters above the water surface.

Article 53.- Signals on convoys towed by pushing

1. On category-A pushing vessels:

a/ At night, in addition to the signal lights prescribed in Clause 1, Article 50 of this Law, the light mast shall be also exhibited with a green light 1 meter higher than the white fore light;

b/ At daytime, the light mast shall be hoisted with a sign consisting of two overlapping black equilateral triangles, with their apexes upwards and each side of 0.3 meter in length.

2. On category-B pushing vessels:

a/ At night, in addition to the signal lights specified in Clause 2, Article 50 of this Law, the light mast shall be exhibited with a green light 0.5 meter higher than the half-green and half-red lights;

b/ At daytime, hoisted on the light mast must be a sign prescribed at Point b, Clause 1 of this Article.

3. For pushed vessels:

a/ For category-A and category-C vessels, the leading vessels shall exhibit sidelights; where the vessels are assembled in many rows, only outermost vessels must exhibit corresponding sidelights;

b/ For category-B and category-D vessels, leading vessels shall exhibit corresponding signal lights as prescribed in Clause 2 and Clause 4, Article 50 of this Law.

Article 54.- Signals on mixed tow convoys

1. For towing vessels with captains commanding the tow convoys:

a/ On category-A vessels: At night, in addition to the signal lights prescribed in Clause 1, Article 50 of this Law, the light mast shall be also exhibited with two green lights, one higher than and the other lower than the white fore light, 1 meter away; at daytime, the light mast shall be hoisted with two signs, each consisting of two overlapping black rectangles sized 0.3 meter x 0.6 meter, with their apexes upwards;

b/ On category-B vessels: At night, in addition to the signal lights specified in Clause 2, Article 50 of this Law, the light mast shall be exhibited with two green lights, 0.5 meter away, and the lower one being 0.5 meter higher than the half-green and half-red light; at daytime, the light mast shall be hoisted with a sign as prescribed at Point a of this Clause.

2. For support towing vessels: at night, the light mast shall be exhibited with corresponding signal lights as prescribed in Clause 1 and Clause 2, Article 50 of this Law.

3. Towed vessels shall exhibit corresponding signals as prescribed in Clause 3 of Article 51, Clause 3 of Article 52 and Clause 3 of Article 53 of this Law.

Article 55.- Signals on vessels not under command

When their vessels no longer operate under the command of the captains or steersmen, sound signals must be released according to the provisions of Clause 9, Article 47 of this Law and at the same time signals must be displayed as follows:

1. At night, a red light shall be exhibited at the highest position of the vessel, if the vessel is still making way through the water, it must, for category-A vessels, additionally exhibit sidelights and a white sternlight or, for category-B vessels, a half-green and half-red light;

2. At daytime, hoisted at the highest position of the vessel shall be a sign consisting of two overlapping black square-corner diamonds with each side being 0.3 meter in length and their apexes upwards.

Article 56.- Signals on anchored vessels

1. At night, a vessel with the greatest length of 45 meters or under shall exhibit a white fore light at least 3 meters above the water surface; a vessel with the greatest length of over 45 meters shall additionally exhibit a white sternlight 1 meter lower than the white fore light.

At places where narrow-channel signs are put up, anchored vessels shall additionally exhibit a white light at the position nearest to the mid-channel.

Rafts anchored outside inland waterway ports or landing stages shall exhibit a red light amidships and two white lights at the two corners toward the channel.

2. At daytime, hoisted at the fore shall be a sign consisting of two overlapping black balls, of 0.3 meter in diameter each.

Article 57.- Signals on vessels engaged in operations or vessels aground on channels

1. For vessels engaged in operations or vessels aground on channels where part of channel is still navigable:

a/ At night, at the highest position of the light mast, two lights, the red one 1 meter higher than the green one, shall be exhibited; at the side looking to the navigable channel part a white light 2 meters above the water surface shall be exhibited;

b/ At daytime, hoisted at the highest position of the light mast shall be a sign consisting of two overlapping black squares, with each side being of 0.3 meter in length and their apexes upwards.

2. For vessels engaged in operations or vessels aground on channels, thus entirely blocking passage:

a/ At night, at the highest position of the light mast two red lights, 1 meter away shall be exhibited;

b/ At daytime, hoisted at the highest position of the light mast shall be a sign consisting of two overlapping black squares, with each side of 0.3 meter in length and their apexes upwards.

3. At cross-channels or channel bends where visibility is restricted, in addition to the signals prescribed in Clause 1 and Clause 2 of this Article, vessels must arrange look-outs and release sound signals as prescribed in Clause 8, Article 47 of this Law.

Article 58.- Signals on motorized passenger vessels

1. At night, in addition to the signal lights prescribed in Clause 1 and Clause 2, Article 50 of this Law, throughout their voyages, motorized passenger vessels shall exhibit a flashing white light, placed 1 meter higher than the white fore light or 0.5 meter higher than the half-green and half-red light.

2. At daytime, at the highest position of the light mast, a yellow pennant shall be hoisted.

Article 59.- Signals on dangerous cargo vessels

1. At night, in addition to the signal lights prescribed in Article 50 of this Law, at the highest position of the light mast, a red light shall be exhibited.

2. At daytime, at the highest position of the light mast a letter-B signal flag shall be hoisted.

Article 60.- Signals on fishing vessels

1. At night, in addition to the signal lights prescribed in Article 50 of this Law, vessels which have spread fishing nets shall additionally exhibit in the direction of the nets two lights, the white one being higher than the green one and the green one placed at least 2 meters higher than the water surface.

2. At daytime, vessels with the greatest length of 20 meters or more shall exhibit on the light mast a sign consisting of two white equilateral triangles, each side being of 0.3 meter in length, with their apexes together one above the other in a vertical line; vessels with the greatest length of under 20 meters shall exhibit on the light mast a sign consisting of two overlapping white balls, of 0.3 meter in diameter each.

Article 61.- Signals on vessels with men falling overboard

1. At night, exhibited on the light mast shall be three lights 1 meter away, the highest and the lowest being red, the middle being green, and the lowest red light being 2 meters higher than the water surface and sound signals shall be continuously released as prescribed in Clause 7, Article 47 of this Law.

2. At daytime, a letter-O signal shall be hoisted flag on the light mast and at the same time sound signals shall be continuously released as prescribed in Clause 7, Article 47 of this Law.

Article 62.- Signals on vessels calling for help of inland waterway police or inspectors

1. At night, the light mast shall be exhibited with two lights, the green one being 1 meter higher than the red one.

2. At daytime, a green flag shall be hoisted on the light mast.

Article 63.- Signals on vessels with diseased people or animals

1. At night, at the highest position of the light mast, a yellow light shall be exhibited.

2. At daytime, on the light mast a letter-Q signal flag shall be hoisted above a letter-L signal flag.

Article 64.- Signals on vessels in distress, calling for help

1. At night, on the light mast shall be exhibited with a flashing red light and continuous short blasts shall be released or continuous bell or gong sounds shall be made.

2. At daytime, on the light mast, a letter-N signal flag shall be hoisted above a letter-C signal flag and sound signals shall be released as prescribed in Clause 1 of this Article.

Article 65.- Signals of navigation inspection posts, patrol and navigation inspection vessels

Inland waterway police shall put up signals of navigation inspection posts, patrol and navigation inspection vessels as follows:

1. At navigation inspection posts, at high positions where it can be best seen:

a/ At night, on a vertical mast, two lights, the green one being 0.6 meter higher than the white one, shall be exhibited;

b/ At daytime, a letter-K signal flag shall be hoisted.

2. On navigation patrol or control vessels:

a/ At night, in addition to the signal lights specified in Article 50 of this Law, at the highest position of the light mast, two lights, the green one being 0.6 meter higher than the white one, shall be exhibited.

b/ At daytime, at the highest position of the light mast a letter-K signal flag shall be hoisted.

Article 66.- Signals to ask vessels for navigation inspection

In addition to the signals prescribed in Article 65 of this Law, waterway navigation police shall release signals to ask vessels to come for navigation inspection as follows:

1. At night, in the direction of the vessels which need to be inspected, a long flash, followed by a short one, followed by a long one, shall be released simultaneously with a long blast followed by a short one followed by a long one.

2. At daytime, in the direction of the vessels which need to be inspected, the letter-K signal flag shall be waved three times vertically downwards and at the same time a long blast followed by a short one followed by a long one shall be released.

3. The vessels which receive the signals prescribed in Clause 1 or Clause 2 of this Article must submit to the inspection according to law provisions.

Article 67.- Signals on vessels engaged on special duty

In addition to the signal lights specified in Article 50 of this Law, vessels engaged on special duty must use simultaneously sound signals, signal lights and signal flags as follows:

1. Priority whistles with special sounds;

2. Rotating signal lights fitted on the light mast, with the following colors:

a/ Green color for fire-fighting vessels, police vessels engaged on emergency duty, escorting or leading duty;

b/ Red color for salvage vessels, dyke protection vessels, military vessels engaged on emergency duty.

3. Signal flags:

a/ White flag with a red cross for salvage vessels;

b/ Red pennant with a military badge for military vessels;

c/ Green pennant with a police badge for police vessels;

d/ Red pennant for fire-fighting or dyke protection vessels.

Article 68.- Signals on pilot vessels

1. At night, in addition to the signal lights prescribed in Article 50 of this Law, on the light mast two lights shall be also exhibited, with the white one being 0.5 meter higher than the red one which is also 0.5 meter higher than the white fore light or the half-green and half-red light.

2. At daytime, on the light mast, a letter-H signal flag shall be hoisted.