Chapter II
DETAIL REGULATIONS ON DEVELOPMENT AND IMPLEMENTATION OF TRAFFIC SAFETY PROCEDURES AND TASKS OF DEPARTMENT RESPONSIBLE FOR MANAGING AND SUPERVISING SATISFACTION OF TRAFFIC SAFETY CONDITIONS
Article 4. Detailed regulations on safety traffic procedures
A safety traffic procedure shall be adopted following the steps below:
1. Before assigning a new transport task to drivers, the department in charge of management of satisfaction of traffic safety conditions at an enterprise or cooperative conducting business of passenger transport by auto along fixed routes, by bus, taxi or containers or officials assigned to supervise traffic safety at a contractual passenger transport business or tourist transport business (hereinafter referred to as “traffic safety department (officer)) shall:
a) on a daily basis, aggregate and analyze data on operation of each vehicle during the process of performing the transport task through a vehicle tracking device and other management measures to warn and take actions against violations;
b) receive and resolve drivers’ proposals and feedback about traffic safety;
c) cooperate with other departments to consolidate customers' transport requests, grasp transport routes and other contents related to traffic safety;
d) cooperate with other departments in deploying vehicles and drivers to perform transport tasks in a manner that complies with regulations on drivers’ continuous driving hours, daily working hours and rest hours as prescribed by the Law on Road Traffic; not operate double-decker sleeper buses on level V and level VI mountainous roads.
2. Before performing a transport task, the person directly operating the transport of an enterprise or cooperative (hereinafter referred to as “the transport operator”) or management of a transport business and person managing drivers shall perform the following tasks (in the case of conducting taxi business, perform the tasks specified in the business plan of the business):
a) Inspect the driver’s license; certificate of technical and environmental safety inspection; vehicle registration certificate; transport order in the case of transport of passengers along fixed routes or by bus; transport contract in the case of transport of passenger under a contract or tourist transport; and other documents upon request.
b) notify drivers in person or via software of the transport business of customers’ transport requests and traffic safety notes (if any);
c) conduct tests for drugs and alcohol (if testing devices are available).
3. After being assigned to perform a task and before the departure, the driver assigned to perform the transport task shall carry out an inspection of the vehicle (in the case of conducting taxi business, perform the tasks specified in the business plan of the business). The following shall be inspected: tracking device, cameras fitted to the vehicle (for the vehicle required to be fitted with a camera); steering system; wheels; brake system; lights and horn; information posted on the vehicle.
4. Before the departure, the driver shall use his/her driver ID card to log in the vehicle’s tracking device.
5. When the vehicle is operating on road
a) The traffic safety department and officer or transport manager or management assigned by the business shall supervise the vehicle and driver during his/her performance of the transport task via the tracking device; immediately warn the driver if he/she is found driving the vehicle in excess of the speed limit, permissible continuous driving hours or daily working hours or if he/she fails to follow the route or the tracking device fails to give any signal, and other traffic safety threats; receive and propose measures to handle incidents threatening traffic safety. The warnings shall be recorded or updated to software;
b) The driver shall strictly comply with traffic safety regulations while driving, comply with regulations on continuous driving hours, daily working hours, speed, itinerary, tracking devices and cameras (for the vehicle required to be fitted with a camera) ; immediately notify the time, place and causes of incidents threatening traffic safety so that appropriate measures are taken.
6. When the driver finishes his/her task or work shift
a) The traffic safety department (officer) or transport operator or management assigned by the business shall: determine the distance over which the vehicle has been driven to provide the basis for formulating and implementing a maintenance and repair plan in accordance with the periodic maintenance schedule; consolidate results of and supervise the maintenance and repair; make a list of violations against regulations on speed limits, continuous driving hours, daily working hours, transport route and tracking device; request the head to take actions against such violations; make a list of incidents threatening traffic safety during the transport;
b) The driver shall: use his/her driver ID card to log in the vehicle’s tracking device; after the trip or at the end of the work shift, before leaving the vehicle, make sure that there are no passenger in the passenger compartment.
7. On a monthly, quarterly and yearly basis, the traffic safety department (officer) shall:
a) produce statistics of accidents, causes and level thereof involving each driver;
b) develop and implement remedial measures against incidents threatening traffic safety during the process of conducting transport business;
c) provide lessons learnt from accidents at serious level or higher to all drivers during the process of conducting transport business;
d) cooperate with specialized departments of the transport business to provide professional training in transport and traffic safety to all drivers and attendants on the vehicle (if any) in accordance with regulations;
dd) archive physical documents and books or save them as prescribed in Clauses 2, 3 and 5 and Point a Clause 6 of this Article for at least 03 years.
Article 5. Implementation of traffic safety procedure by auto transport business
1. Every transport business (including enterprise, cooperative or household business conducting transport business by automobile) that is selected to implement the traffic safety procedure shall comply with Point a or Point b below:
a) Sufficiently and correctly apply and comply with all regulations laid down in TCVN ISO 39001:2014 Road traffic safety management systems - Requirements with guidance for use and Point a Clause 2 Article 11 of the Decree No. 10/2020/ND-CP and Article 4 of this Circular;
b) Develop and sufficiently and correctly comply with the traffic safety procedure in accordance with Clause 1, Point a Clause 2 Article 11 of the Decree No. 10/2020/ND-CP and Article 4 of this Circular.
2. If the owner of the household business conducting transport business is the driver operating a vehicle involved in transport business, he/she shall perform the tasks specified in Point c, Point d Clause 1; Point a Clause 2; Clause 3; Clause 4; Point b Clause 5; Clause 6; Point dd Clause 7 Article 4 of this Circular.
Article 6. Detailed regulations on development and implementation of the traffic safety procedure applied to bus stations and goods station
Bus stations and goods stations shall develop and sufficiently implement the traffic safety procedures following the steps below:
1. Tasks to be performed as a vehicle enters a station
The station staff and driver shall perform the following tasks:
a) conduct an inspection and confirm that the vehicle has been licensed by a competent authority for operation at the station and that the vehicle has entered the station (applicable to a bus station);
b) instruct the driver to drive the vehicle to the designated location for passenger and goods drop-off; update information to the station management software as prescribed;
c) instruct the driver to drive the vehicle to the designated stop location in accordance with regulations of the station.
2. Tasks to be performed before a vehicle enters a passenger pick-up (goods loading) location
Before allowing a vehicle to enter a passenger pick-up/goods loading location, the station staff shall conduct an inspection and keep a logbook of vehicle entry and exit or update information to the station management station. The inspection includes the following contents:
a) Regarding auto inspection: vehicle registration certificate; certificate of technical and environmental safety; effective civil liability insurance; effective badge attached to the vehicle’s glass in accordance with regulations; vehicle location data on the system for processing and exploitation of data from the tracking device of the Directorate for Roads of Vietnam, cameras (for the vehicle required to be fitted with a camera); fire extinguisher; emergency tools (if any);
b) Regarding driver inspection: number of drivers and their driver’s licenses; name tags and uniforms (if any); transport order or transport certificate;
c) Inspecting transport quality already registered with the route management authority, ticket fares posted (applicable to the bus station); information posted on the vehicle;
d) Comparing information about license plate and driver with that specified in the transport order, transport contract or transport certificate; conduct a test for drugs and alcohol (if testing devices are available). Regarding the goods station, inspecting information about the license for import of dangerous goods in accordance with regulations if the vehicle transports dangerous goods;
If the station staff finds that the competent authority seizes vehicle documents or driver’s documents for violation handling purpose while the vehicle is on the outward trip, the driver is allowed to operate the vehicle until the return trip is ended according to the transport order.
3. Tasks to be performed as the vehicle enters the passenger pick-up (goods loading) location
a) After the station staff completes the tasks specified in Clause 2 of this Article:
If the result of inspection of any abovementioned contents is not satisfactory, according to the severity of the violation, request the transport business or driver to immediately take remedial actions or deploy another vehicle or driver;
If the results of inspection of all abovementioned contents are satisfactory, the station staff shall instruct the driver to driver the vehicle to the passenger pick-up or goods loading location within the prescribed time limit, and perform the next tasks specified in Points b and c of this Clause;
b) Regarding a bus station: Sell tickets to passengers if the transport business authorizes the bus station to do so; supervise the loading of passenger and luggage onto the passenger bus within the station area to promptly discover and prevent the transport of banned goods, flammable and explosive goods and live animals by passenger bus; ensure that consignments are loaded onto the passenger bus in accordance with regulations and are not placed in the passenger compartment; ensure that the permissible seating capacity is not exceeded; ensure that every passenger has a ticket and is arranged a seat with the right number written in his/her ticket;
c) Regarding a goods station: supervise the loading of goods and luggage onto the vehicle within the station area to promptly discover and prevent the transport of banned goods; ensure that goods are loaded in accordance with regulations. The goods station is encouraged to use technical equipment to discover banned goods within the station area; load goods on within the payload limit specified in the certificate of technical and environmental safety inspection; request the person loading goods to sign the transport certificate after loading goods;
d) Supervise operation of automobiles and drivers within the station area.
4. Perform tasks to allow a vehicle to exit the station.
Before allowing the exit, the station staff and driver shall perform the following tasks:
a) Regarding a bus station: Determine the total number of tickets sold (except for the case the transport business sells ticket itself), the driver shall pay for services (except for the payment made under the service provision contract between the transport business and the station operator). He/she and station staff shall sign and transfer documents in accordance with regulations. Check information specified in the transport order and provide signature;
b) Regarding a goods station: Determine the weight of goods and types of goods already loaded on the vehicle, the driver shall pay for services (except for the payment made under the service provision contract between the transport business and the station operator). He/she and station staff shall sign and transfer documents in accordance with regulations. Check information specified in the transport certificate and provide signature;
c) The station staff shall record and confirm the driver’s completion of all procedures required for exit from a station. Update information to the station management software upon the vehicle’s exit in accordance with regulations; make a list of cases of refusal to allow exit of the vehicle from the station, and update traffic safety at the station.
5. The roadmap for application of the traffic safety procedure to stations
a) Regarding stations of class 1 – 4: from the effective date of this Circular;
b) Regarding the remaining bus stations and goods stations: from January 01, 2021.
Article 7. Tasks of the department responsible for managing and supervising satisfaction of traffic safety conditions
1. Perform the tasks specified in Article 4 of this Circular.
2. Inspect and supervise the vehicle’s satisfaction of conditions for technical and environmental safety; expedite and supervise the implementation of regulation on technical inspection, maintenance and repair of vehicles; inspect and closely supervise technical conditions of vehicles.
3. Manage and monitor information from auto tracking devices, images from cameras fitted to vehicles to promptly warn and prevent violations; use information from auto tracking devices, images from cameras fitted to vehicles to serve the management by the transport business and provide competent authorities with compulsory information about each automobile upon request; supervise and recommend repair and replacement of damaged items of auto tracking devices and cameras fitted on automobiles; prepare monthly, quarterly and yearly reports on violations committed by drivers.
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Thông tư 12/2020/TT-BGTVT (Bản Word)
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