Chương 5 Nghị định 11/2010/NĐ-CP: Bảo vệ kết cấu hạ tầng đường bộ

Chapter V

PROTECTION OF ROAD TRAFFIC INFRASTRUCTURE FACILITIES

Article 14. Scope of land areas reserved for roads

1. The scope of land areas reserved for a road covers road land and road safety corridor land.

2. Road land means land areas on which road works are constructed and 2 land strips along both sides of roads for administration, maintenance and protection (below referred to as land strips for road protection and maintenance).

Land strips for road protection and maintenance shall be used for storing supplies to be used for road maintenance, moving or installing maintenance equipment, sweeping rubbish from road surface, and guarding against harms to road works.

The width of land strips for road protection and maintenance shall be determined based on the road grade and measured from the outer edge of the road base (the foot of embanked road taluses or the outer edge of longitudinal trenches in undug or unembanked locations or the top edge of dug road taluses) to both sides, which is:

a/ 3 meters for expressways and grade-I and grade-II roads;

b/ 2 meters for grade-Ill roads;

c/ 1 meter for roads of grade IV or lower grades.

3. For road works under construction, upgrading or renovation, investors shall determine boundaries of land areas reserved for roads and carry out procedures for requesting competent authorities to recover these land areas and pay compensations for current users under the land law.

4. For road works currently in use, road administration agencies shall coordinate with local land administration agencies in determining boundaries of land areas reserved for roads and working out plans to recover land from current users for management under regulations, prioritizing the recovery of land areas for roads of grade III or higher grades.

Article 15. Road safety corridor limits

The road safety corridor means land strips along both sides of road land used for assuring traffic safety and protecting road works. Road safety corridor limits are prescribed as follows:

1. For roads outside urban centers: Depending on their planned technical grades, the width of a road safety corridor measuring from the road land to both sides is:

a/ 47 meters for expressways;

b/ 17 meters for grade-I and grade-II roads;

c/ 13 meters for grade-Ill roads;

d/ 9 meters for grade-IV and grade-V roads;

e/ 4 meters for under grade-V roads.

2. For urban roads: The road safety corridor width shall be measured from the road edge to the road construction marking line under the planning approved by competent authorities. For an urban expressway, the width of its safety corridor is 40 meters.

3. For roads with safety corridors overlapping those of railways, the safety corridors of such roads and railways shall be demarcated on the principle that railway safety corridors will be prioritized, provided that they must not overlap road works.

In case a road and a railway are adjacent and share a longitudinal trench, the boundary between their safety corridors is the bottom edge of the trench on the higher roadside. If the heights of the two corridors are equal, the boundary between the safety corridors is the bottom edge of the trench on the railway side.

4. For roads with safety corridors overlapping protection corridors of inland waterways, the boundary of these corridors is the edge of the natural bank.

Article 16. Safety corridor limits for bridges and sluices

1. Safety corridors for bridges on roads outside urban centers

a/ In the direction of the length of the bridge, the safety corridor width measuring from the bridge abutment's end outward each side is:

- 50 meters for bridges with a length of 60 m or over;

- 30 meters for bridges with a length of under 60 m.

b/ In the direction of the width of the bridge, the corridor width measuring from the outer edge of the road land outward each side is:

- 150 meters for bridges with a length of over 300 m;

- 100 meters for bridges with a length of between 60 m and 300 m;

- 50 meters for bridges with a length of between 20 m and under 60 m;

- 20 meters for bridges with a length of under 20 m.

2. Safety corridors for bridges on urban roads

a/ In the direction of the length of the bridge, it is the same as prescribed for bridges on roads outside urban centers.

b/ In the direction of the width of the bridge, for bridge sections over land, including those over infrequently submerged land areas, the corridor width measuring from the outer edge of the road land outward each side is 7 meters. Other bridge sections comply with provisions of Point b, Clause 1 of this Article;

c/ At urban traffic junctions, flyovers, road tunnels and footbridges shall be built according to designs approved by competent authorities.

3. Safety corridors for sluices correspond to safety corridors of roads where sluices are located.

Article 17. Safety corridor limits for road tunnels

1. For a road tunnel outside urban centers, its safety corridor limit is the land and water area surrounding the tunnel within 100 meters measuring from the outermost point of the tunnel.

2. For an urban road tunnel, its safety corridor limit shall be determined by design consultants in the design dossier approved by a competent authority to assure the safety and solidity of the tunnel.

Article 18. Safety corridor limits for ferry landings and pontoon bridges

1. In the direction of the length of the ferry landing or pontoon bridge: The safety corridor width is equal to the length of the slope leading to the ferry landing or pontoon bridge

2. In the direction of the width of the ferry landing or pontoon bridge: 150 meters from the middle of the ferry landing or pontoon bridge to both side downstream and upstream.

Article 19. Safety corridor limits for road protection embankments

1. For anti-erosion embankments to protect road bases

a/ They are 50 meters from both ends of the embankment to the upper reach and lower reach;

b/ They are 20 meters from the foot of the embankment toward the river.

2. For water current-regulating embankments:

a/ They are 100 meters to the upper reach and lower reach from the embankment fool;

b/ They are 50 meters from the embankment foot to the bank;

c/ They are 20 meters from the embankment foot to the river.

3. In case the safety corridor of a road protection embankment specified in Clause 1 or 2 of this Article overlaps that of a dike, the boundary between the two corridors is the midpoint of the distance between two outermost points of the two works.

Article 20. Protection scopes of other works on roads

Protection scopes of car terminals, parking lots, traffic control stations, car-weighing stations, road and bridge toll booths, stopovers and road administration works are the land and water areas within the areas of these works, which are stated by competent state agencies in their land use right certificates and house and land-attached asset ownership certificates.

Article 21. Overhead protection clearance for newly built road works

The road safety clearance for overhead sections is prescribed as follows:

1. For a road, it is 4.75 meters measuring from the highest point of the road surface upward vertically. For an expressway, it complies with national standards.

2. For a bridge, it is the height of the highest structure of the bridge, but must not be lower than 4.75 meters from the highest point of the bridge floor surface (vehicle lane) upward vertically.

3. The height of a communications line hanging above a road must ensure the minimum vertical distance of 5.5 meters from the highest point of the road surface to such communication line.

4. The height of a power transmission line hanging above a road or directly attached to the structure of a bridge must ensure safety for transport activities and the safety of the power grid, depending on the voltage of the transmission line.

Article 22. Distances between road works and other works

1. Production establishments whose exhaust or dust emissions or air pollution impacts reduce visibility in affected areas must be located at a distance corresponding to these areas from the outer boundaries of road safety corridors.

2. Lime or brick kilns or similar production establishments must be located outside and at a distance of 25 meters from road safety corridors.

3. Markets and service places must have their parking lots or goods-storing places located outside road safety corridors and have junctions with roads under regulations.

4. Storehouses of explosives, highly flammable materials, toxic chemicals and mines where blasts are used must be located outside road safety corridors at a distance to prevent fire, explosion and pollution and assure safety for transport activities under law.

5. Urban centers, industrial parks, economic zones, residential areas, trade-service centers and other works, except for those specified in Clauses 1, 2, 3 and 4 of this Article, must be located outside road safety corridors at an appropriate distance under regulations on distances between architectural and construction works.

6. Investors or users of other works outside road safety corridors which affect road traffic and road traffic safety shall promptly take remedies or make repairs.

Article 23. Limit horizontal road safety distance

For telecommunications antenna poles, communication lines and power transmission lines, the limit distance measuring from the foot of embanked road taluses or the top edge of dug road taluses to the pole foot must be at least 1.3 times the poly height and must not be shorter than 5 meters. Other cases shall be prescribed by the Ministry of Transport.

Article 24. Limit road safety distance for underground or underwater sections

Limit road safety distance for underground or underwater sections of road works shall be decided by competent road administration agencies for each specific project, satisfying technical requirements, assuring traffic safety and work safety and causing no impact on road administration and maintenance.