Thông tư 31/2019/TT-BGTVT quy định về tốc độ và khoảng cách an toàn của xe cơ giới, xe máy chuyên dùng tham gia giao thông đường bộ do Bộ trưởng Bộ Giao thông vận tải ban hành

CIRCULAR

ON SPEED AND SAFETY DISTANCE OF ROAD VEHICLES AND HEAVY-DUTY VEHICLES IN ROAD TRAFFIC

Pursuant to Law on Road Traffic No. 23/2008/QH12;

Pursuant to Decree No. 12/2017/ND-CP dated February 10, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Transport;

At the request of Director General of Transport Infrastructure Department and Director General of the Vietnam Road Administration;

Minister of Transport promulgates Circular on speed and safety distance of road vehicles and heavy-duty vehicles in road traffic.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular prescribes speed and safety distance of road vehicles and heavy-duty vehicles in road traffic, except prioritized vehicles while on mission as per the law.

Article 2. Regulated entities

This Circular applies to drivers, operators of heavy-duty vehicles, entities and persons relating management and implementation of decision on speed and safety distance of road vehicles and heavy-duty vehicles in road traffic.

Article 3. Term interpretation

In this Circular, terms below are construed as follows:

1. “A crowded road” refers to a road in urban city, urban commune, urban town, and roads where many people live nearby and affect traffic safety; indicated by traffic signs signaling beginning of crowded area.

2. “Road vehicles” include cars; tractors; trailers and semi trailers towed by cars and tractors; motorcycles; motorized tricycles; mopeds (including electric mopeds) and similar vehicles.

3. “Heavy-duty automobiles” include automobiles designed and equipped to perform specific functions, including: street sweepers; watering trucks; waste vacuum trucks, garbage compactor trucks; mortar mixer vehicles; cement mixer vehicles; concrete pumping vehicles; cranes; stair trucks; drilling vehicles; traffic rescue vehicles; television production vehicles, signal coverage measurement vehicles; bridge inspection and maintenance vehicles, tunnel cable inspection vehicles, x-ray trucks, mobile surgery units and similar vehicles.

4. “Heavy-duty machines” include construction machines, agricultural and forestry machinery and other heavy-duty machines used national defense and security participating in road traffic.

5. “A central reservation” refers to a section of the road on which no vehicles shall run, which is used to separate the road into 2 independent opposing lanes (common types including: concrete step barriers, concrete jersey barriers, steel median strips, steel guardrails or spare land strip).

6. “A dual carriageway” refers to 2 roads of opposing directions separated by a central reservation (a road will not be classified as a dual carriageway if it is separated by road markings).

7. “A one-way street” refers to a street facilitating one-way traffic.

8. “A two-way street” refers to a street allowing travel in both directions on the same carriageway, not separated by a central reservation.

9. “Payload” refers to the permitted gross weight, determined according to Certificate of technical and environmental safety inspection of road vehicles.

Article 4. Rules on compliance with regulations on speed and distance during participation in road traffic

1. While participating in road traffic, vehicle operators must stringently comply with regulations on minimum speed and safety distance between 2 vehicles (classified as road vehicles, heavy-duty vehicles) that are prescribed by road signs.

2. With respect to roads that are not installed with speed limit signs or signs prescribing minimum safety distance between 2 vehicles, the vehicle operators participating in road traffic must comply with regulations in Articles 5, 6, 7, 8, 9 and 11 of this Circular.

3. The vehicle operators participating in road traffic must control their vehicles at such speed that when taking into account conditions of bridges, roads, traffic density, terrain, weather and other factors will ensure traffic safety.

Article 5. Cases of slowdown

A vehicle operator participating in road traffic must slow down to a stop safely when:

1. He/she encounters a warning sign or obstacle on the road; or

2. He/she changes in travel direction or has limited vision; or

3. He/she arrives at an at-grade intersection; at a level crossing; at a road curve; at a road with hairpin turns or steep slopes; at a narrow or bumpy road; or

4. He/she crosses a narrow bridge or culvert; crosses an overflowing damp, underground or tunnel; reaches near the peak of a slope, when descending it; or

5. He/she passes an area with schools, hospitals, bus stations, crowded public constructions; an area with large population, with factory or office situated along the road; road construction sites; traffic accident scene; or

6. He/she approaches a pedestrian or a person with disability confined to a wheelchair crossing the road; or

7. He/she encounters livestock walking or herded along the road; or

8. He/she avoids a vehicle from the opposite direction or gives way to a vehicle behind; receives a turn signal or an emergency flasher of a leading vehicle;

9. He/she approaches a bus stop or a parking spot with passengers getting on or off of a vehicle; or

10. He/she encounters a prioritized vehicle on a mission; a heavy transport vehicle; pedestrians; or

11. He/she operates the vehicle in the rain, fog, dust; on slippery, muddy road or road with lots of scattered rocks and debris;

12. He/she controls the vehicle through vehicle weigh stations, police stations or tollbooths for road vehicles.

Chapter II

SPEED AND DISTANCE OF ROAD VEHICLES AND HEAVY-DUTY VEHICLES IN ROAD TRAFFIC

Article 6. Maximum allowed speed of road vehicles travelling in crowded area (except on expressway)

Article 7. Maximum allowed speed of road vehicles travelling outside of crowded area (except on expressway)

Article 8. Maximum allowed speed for heavy-duty machines, mopeds (including electric mopeds) and similar vehicles on the road (except on expressway)

With respect to heavy-duty machines, mopeds (including electric mopeds) and similar vehicles on the road, the maximum speed must not exceed 40 km/h.

Article 9. Maximum speed of road vehicles and heavy-duty machines on expressway

1. The maximum allowed speed on the expressway must not exceed 120 km/h.

2. When participating in traffic on an expressway, a driver or operator of heavy-duty machines must comply with the maximum and minimum speed displayed on road signs and road markings.

Article 10. Erection of speed limit signs

1. The erection of speed limit signs shall comply with road signal laws and take into account practical conditions of routes and segments of the roads relating road infrastructure, rate and type of vehicles and time frames within the day.

With respect to projects on new construction, restoration or upgrade of road works, fully erect speed limit signs before bringing such works into use.  With respect to active routes within their division, road authorities must promptly erect road signs as per laws on their part.

2. With respect to roads leading to or away from the expressways, the speed limit displayed on the speed limit signs must not be lower than 50 km/h.

3. Competent authorities specified in Clause 4 of this Article shall decide to:

a) erect a speed limit sign for each direction on a dual carriageway;

b) erect speed limit signs applied to a specific time in a day (additional panels, variable message signs);

c) erect speed limit signs applied to specific vehicles posing high risk of causing unsafe traffic;

dd) erect speed limit signs displaying value greater than 60 km/h (with respect to roads in crowded areas), greater than 90 km/h (with respect to roads outside of crowded areas) on routes having design speed greater than the maximum speed specified in Articles 6 and 7 of this Circular after ensuring traffic safety.

4. The competent authorities deciding to erect road signs with respect to cases specified in Clause 3 of this Article, including:

a) Ministry of Transport shall erect road signs on expressways;

b) Vietnam Road Administration shall erect road signs on national highways and other roads under management of Ministry of Transport (except expressways);

c) People’s Committees of provinces and central-affiliated cities shall erect road signs on province-level, district-level, commune-level, urban and private roads within their provinces and cities.

Article 11. Safe distance between 2 vehicles participating in road traffic

1. When participating in road traffic, the operators and controllers of heavy-duty machines must maintain a safe distance from the vehicle in their immediate front; keep the distance no lower than the distance value displayed on the “Minimum distance between two vehicles” sign.

2. Safe distance between 2 vehicles participating in road traffic

a) In dry road conditions, safe distance corresponding to each speed is prescribed as follows:

When controlling a vehicle slower than 60 km/h, an operator must maintain the appropriate safe distance from the vehicle in his/her immediate front; this distance depends on actual vehicle density and traffic to ensure traffic safety.

b) With respect to rain, fog, slippery road, roads with hairpin turns, steep slopes or limited vision, the operator must adjust the safe distance value to be greater than that displayed on the sign or the value specified in Point a of this Clause.

Chapter III

IMPLEMENTATION

Article 12. Entry into force

This Circular comes into force from October 15, 2019 and supersedes Circular No. 91/2015/TT-BGTVT dated December 31, 2015 of Minister of Transport on speed and safe distance of road vehicles and heavy-duty machines participating in road traffic.

Article 13. Implementation

Chief of the Ministry Office, Chief Inspector of Ministry, Directors, Director General of Vietnam Road Administration, directors of Transport Departments of provinces and central-affiliated cities; heads of relevant entities and persons shall implement this Circular./.