Chapter 6.
PERMITS FOR CIRCULATION OF OVERLOADED, OVERSIZED VEHICLES, TRACKED VEHICLES, VEHICLES CARRYING EXTRA-LOAD AND SUPER-LENGTH CARGOES ON THE ROADS
Article 19. General provisions on grant of permits for circulation of overloaded, oversized vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes on the roads
1. It only grants permits for circulation of overloaded, oversized vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes on the specific sections of road, roads and in the special cases, when there is no any more suitable plan of transportation or cannot use other more suitable type of motorized means of road transport for transporting on the sections of road, roads.
2. Not to grant permits for circulation of oversized vehicles for the cases of carrying detachable goods (subdivision) or tracked vehicles that do not take the mandatory measure upon in participating in road transport.
3. Not to grant permits for circulation of vehicles for the organizations and individuals who are owners of means, the carriers or transport hirers causing damage for road works due to the circulation of overloaded, oversized vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes on roads that have not completed the repair, recovery of damage of the road works.
4. Agencies that are competent to grant permits for circulation of vehicles must choose the most reasonable route for allowing circulation of overloaded, oversized vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes on the basis of ensuring operational safety for means of transportation and road safety. Prohibited the grant of permits for circulation when the vehicles load goods in excess of the allowable load by the design of the manufacturer or of permitted load of vehicle which has been tested by the register agency after designed, renovated, and is specified in the certificate of inspection of technical safety and environmental protection of motorized means of road transport.
5. Where overloaded vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes exceed working load bearing capacity of road required to re-enforce roads, the organizations and individuals that are owners of means, the carriers or transport hirers wishing for circulation of overloaded vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes on the road are responsible for paying the costs of survey, design of reinforcement and doing the reinforcement, costs of quality inspection of roads that have been reinforced (if necessary). Competent agencies are granted permits for circulation of vehicles only after completion of the reinforcement and having report of inspection result of reinforcement quality of the roads (if any) meeting the load bearing capacity due to the circulation of overloaded vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes.
6. The validity of permits for circulation of vehicles:
a) The overloaded vehicles, oversized vehicles when circulating which are not required to make the mandatory conditions as following the prescribed lanes, having vehicle for navigation, escort or road reinforcement or implementing other mandatory regulations on traffic safety:
- Where the circulation on the sections, roads newly improved and upgraded synchronously: The term of the permit for vehicle circulation is the time for each batch of transport or time of transport but not exceeding 60 days;
- Where the circulation on the sections, roads not yet improved and upgraded or improved and upgraded but not synchronous: The term of the permit for vehicle circulation is the time for each batch of transport or time of transport but not exceeding 30 days.
b) The overloaded vehicles, oversized vehicles, vehicles carrying extra-load and super-length cargoes when circulating which are required to make the mandatory conditions as following the prescribed lanes, having vehicle for navigation, escort or road reinforcement or implementing other mandatory regulations on traffic safety: The term of the permit for vehicle circulation is the time for each batch of transport or time of transport but not exceeding 30 days.
c) The self-propelled tracked vehicles on the road: The term of the permit for vehicle circulation is the time for each turn from the departure to the arrival.
d) The validity of the permit for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes provided for in Point a, b and c of this clause must be in the valid time limit of the certificates of inspection of technical safety and environmental protection of motorized means of road transport.
In case the validity of the certificates of inspection of technical safety and environmental protection is shorter than the time limit specified in points a, b, c of this clause, the validity of the permit for vehicle circulation is equal to validity of certificates of inspection of technical safety and environmental protection.
Article 20. Dossiers, time limit, and order of grant of permits for vehicles circulation
1. Dossier of application for permit of circulation of vehicle:
a) Application for granting permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra-load and super-length cargoes on the roads is according to the form in Appendix 4, Appendix 5 attached hereof. Attached to application for permit of circulation of vehicle is a diagram recording fully and accurately the outside dimensions (if vehicle carries goods, it must be recorded fully and accurately the outside dimensions when the goods are loaded onto vehicle or on trailer, semi-trailer: the height, width, length), distance between the axles, the length of vehicle rear.
Application for granting permit for vehicle circulation is the original, clear, full and not be erased; the requesting organization or individual must be owner of vehicle, the carrier or transport hirer. The requesting organization or individual must sign, state the full name and seal (if it is an organization). Where the application for granting permit for vehicle circulation has no stamp, the applicant for granting permit for vehicle circulation shall directly conduct the procedures and must present his/her ID card.
b) Copies of certificates of temporary registration of vehicles, tractors, trailers and semi-trailers (for facilities newly received).
c) Copies of pages written on the characteristics of means and latest inspection results of the valid certificates of inspection of technical safety and environmental protection of motorized means of road transportation. In case the means has just received, it just needs a copy of the technical features of vehicle (enclosed together vehicle by the manufacturer).
d) The written commitment of the owner of means on the ownership of means at the time of application for the grant of vehicle circulation permit.
When the organizations and individuals come to carry out procedures for granting permits of vehicles circulation, they must bring the originals or notarized copies or certified copies of the above copies for comparison.
2. The time limit for consideration to grant permit for vehicle circulation does not exceed 02 working days after receiving complete and valid dossiers.
Where required to inspect the road to determine ability to regulate conditions of participation in transport or reinforcement of road, within 02 working days after receiving complete and valid dossiers as prescribed in Clause 1 of this Article, the agency that is competent to issue permits for vehicle circulation must send a written request to the organization, individual wishing circulation of overloaded, over-sized vehicles, tracked vehicles, carrying extra- load, super length cargoes on road to conduct inspection or reinforcement of road;
The time limit for consideration to grant permit for vehicle circulation does not exceed 02 working days after receiving the report on result of inspection or report on the result of completion of reinforcing road of the consulting organization that is eligible to practice on ensuring vehicle’s safe circulation.
3. The order for granting permits for vehicle circulation:
a) Organizations and individuals wishing for circulation of overloaded, over-sized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes on road need to make the following order:
- To prepare dossier to request for the grant of vehicle circulation permit under the provisions of clause 1 of this Article;
- To apply 01 set of dossier to request for the grant of vehicle circulation permit and related fees and charges as prescribed by the Ministry of Finance to the agency that is competent to grant circulation permit;
- To conduct and make report of inspection or perform the reinforcement of road (if needed) when requested in writing by the agency that is competent to grant circulation permit. To submit 01 report of result of inspection or report on the result of reinforcing road to the agency that is competent to grant circulation permit.
b) The agency that is competent to grant circulation permit receives dossier, inspects dossier, if it is qualified, then shall grant permit for vehicle circulation to the organization, individual within the time limit provided in clause 2 of this Article.
Article 21. Competence to grant permits for vehicle circulation
1. General Directors of the Road Management Areas grant permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes operating on the road network in the whole country, except for the vehicles specified in clause 3 of this Article.
2. Directors of Departments of Transport grant permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes operating on the road network within their respective localities, except for the vehicles specified in clause 3 of this Article.
3. General Director of Directorate for Roads of Vietnam grants permits for circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes that once circulated, it is required to perform the mandatory conditions such as following the lanes, having vehicles for navigation, escort or reinforcing road.
Article 22. Responsibilities of the agencies granting permits for vehicle circulation
1. The agencies that are competent to grant permits for vehicle circulation must be responsible for the grant of permits for vehicle circulation, must ensure the right objects, must ensure that the solution of vehicle circulation shall be suitable to the condition of roads, means of transportation and ensure traffic safety.
2. The agencies that are competent to grant permits for vehicle circulation may temporarily suspend or revoke permits of circulation of overloaded vehicles, oversized vehicles, tracked vehicles, vehicles carrying extra- load, super length cargoes for the violations of the conditions specified in the permits for vehicle circulation or in case of causing damage for the road works which not yet been completed the repair, recovery.
Article 23. Inspection of the vehicle's weight
1. Equipment used to inspect the vehicle's weight must be examined, inspected periodically, and granted certificate of inspection under the provisions of law on measurement. Equipment used to inspect the vehicle's weight must have a valid certificate of inspection.
2. Only apply the form of inspecting axle load when there is no enough condition for examining the vehicle's total weight (load-check station). Where vehicles have several axle clusters, choose the axle with the largest load to check the axle load. The total weight of the vehicle is determined by total weight of the axle.
3. Vehicles are considered as exceeding the maximum weight allowed to circulate on the roads for violating either of the following conditions:
a) The total weight of the vehicle exceeds the maximum weight of vehicle allowed to circulate on the roads specified in Clause 2 of Article 16 of this Circular;
b) The total weight of the vehicle is less than the maximum load of vehicle allowed to circulate on the roads, but the axle load exceeds 1.1 times of the maximum axle load allowed to circulate on the roads specified in Clause 1 of Article 16 of this Circular.
Tìm kiếm
Thông tư 07/2010/TT-BGTVT do Bộ trưởng Bộ Giao thông vận tải ban hành (Bản Word)