Thông tư 42/2014/TT-BGTVT về thùng xe của xe tự đổ, xe xi téc, xe tải tham gia giao thông đường bộ do Bộ trưởng Bộ Giao thông vận tải ban hành

CIRCULAR

ON CONTAINERS OF DUMP TRUCKS, TANK TRUCKS AND TRUCKS PERMITTED ON PUBLIC ROADS

Pursuant to the Law on Road traffic dated November 13, 2008;

Pursuant to Decree No. 107/2012/ND-CP dated December 12, 2012 of the Government on defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of Director of Science and Technology Department and the Director of Vietnam Register,

The Minister of Transport issues Circular on containers of dump trucks, tank trucks and trucks permitted on public roads.

Article 1. Scope

1. This Circular provides for containers of dump trucks, tank trucks and trucks (hereinafter referred to as trucks) permitted on public roads.

2. This Circular is not applicable to containers of trucks below:

a) The trucks of the Ministry of National Defense and the Ministry of Public Security that are produced, assembled or imported in Vietnam to serve national defense and security;

b) Trucks that are produced, assembled, or imported in Vietnam but are not permitted on public roads.

Article 2. Regulated entities

This Circular is applicable to organizations or individuals related to import, production, assembly, and use of trucks; the authorities in charge of truck management, inspection and testing.

Article 3. Interpretation of terms

In this Circular, these terms below shall be construed as follows:

1. Dump trucks include the following vehicles: dump trucks, including arm roll trucks (hook lift trucks) with opened containers; dump trailers; and dump semi-trailers.  

2. Tank trucks include the following vehicles: tank trucks; tank trailers; tank semi-trailers including tank trucks carrying bulk cargo.

3. Trucks include the following vehicles: trucks, truck trailers, or semi-trailer trucks, other than trucks prescribed in Clause 1 and Clause 2 of this Article, vans, pickups, special commercial trucks and other commercial trucks that are defined in Vietnam standards 7271:2003 “Road vehicles – Motor vehicles – Classification in purpose  of use”, special trailers and special semi-trailers defined in Vietnam standards 6211:2003 “Road vehicles – Types – Terms – Definitions”.

4. Containers include closed containers and open containers.

5. Open containers means any containers that have no roof; their side walls and end walls are movable for the purpose of loading or unloading. The open containers include open containers with canvas and open containers without canvas.

6. Closed containers mean any containers that are closed; their side walls and end walls may have doors for the purpose of loading and unloading.

7. Insulated containers mean any closed containers that are lined with thermal insulators.

8. Refrigerated containers mean any closed containers that are equipped with thermal insulators and air-conditioners.

9. Apparent density g_v means ratio of permitted payload (metric ton) to the volume of its container (m³).

10. Internal height of a container H_t (m) means vertical distance between top surface of its floor and its ceiling (if the container is a closed container or an open container with canvas), or vertical distance between top surface of its floor and culmination of its side wall (if the container is an open container without canvas) (refer to illustrations in Appendix 1 of this Circular).

11. Canvas includes a tarpaulin and a frame, which is installed onto an open container to cover the cargo.

Article 4. Regulations on containers

1. The containers must have sturdy structure to ensure the safety of the cargo; have floors; front, side, and back walls. The containers must not be designed to install additional parts meant to increase the cargo-carrying volume. The open containers of semi-trailer trucks for carrying cargo and containers must have container lock boxes.

2. After the containers are installed onto the trucks, they must satisfy the requirements below:

a) The permissible maximum dimensions of trucks must comply with regulations of National technical regulations QCVN 09 : 2011/BGTVT “National technical regulations on quality, technical safety, and environment protection of motor vehicles", National technical regulations QCVN 11: 2011/BGTVT “National technical regulations on quality  and technical safety of trailers and semi-trailers”.

In addition, the whole length of the containers of dump trucks and trucks must meet requirements applied to the whole length of trucks (L) as prescribed in Appendix II of this Circular.

b) The Rear overhang (ROH) must not exceed 60% of Wheelbase (WB), which is determined according to rules of Appendix III of this Circular.

c) The gross weight permitted on public roads of the trucks (hereinafter referred to as permitted gross weight) and axle weight after the containers are installed shall be determined according to rules of Appendix III of this Circular.

d) The weight borne by the kingpin of the semi-trailer trucks, including semi-trailer trucks carrying containers (except for the semi-trailer trucks carrying containers whose whole length is shorter than 10 m) must not fall below 35% of permitted gross weight of semi-trailer truck with 3 axles or over; or must not fall below 40% of permitted gross weight of semi-trailer trucks with 2 axles. 

3. The height H_t of the containers must comply with regulations of Appendix II of this Circular.

4. The cargo-carrying volume of the containers of the dump trucks shall be determined according to the internal geometrical shapes of the containers, provided that their apparent density g_v comply with regulations of Appendix II of this Circular.

5. The cargo-carrying volume of the containers of tanker trucks must satisfy the requirements below:

a) The cargo-carrying volume of a tank V_t (not including the volume of inlets) shall be determined according to the internal geometrical shape of the tank truck , provided that it is smaller than the volume that is determined by the quotient of permitted cargo and density of types of cargo according to the specialist materials or the value announced by competent authorities. In case that the density of cargo varies in a range of value, the density shall be mean value of the range.

b) If a tank contains liquefied petroleum gas that is likely to expand during the transportation or is charged into the tank with a certain pressure and temperature, the cargo-carrying volume shall be determined as follows: V_t  = 0.9 V_hh (where V_hh is tank volume determined according to internal geometrical shapes in the tank).

c) If there are no technical specifications or the value of cargo-carrying volume differs from the technical specifications by 10% or more, the cargo-carrying volume of the tank shall be determined by actual measurement method.

Article 5. Regulations on canvas

1. The canvas must be a tarpaulin.

2. Frame

a) Its design must ensure the stability and safety when the truck is running on public roads.

b) The distance (t) between 2 adjacent bars of the frame is not smaller than 0.55 m.

Article 6. Effect

This Circular shall come in effect from November 1, 2014 and replace the Circular No. 32/2012/TT-BGTVT dated August 9, 2012 of the Minister of Transport on size limitations of containers of dump trucks, tank trucks and semi-trailer trucks, tank trucks, tank trailers, tank semi-trailers permitted on public roads.

Article 7. Terms of transition

1. With respect to produced or assembled trucks in Vietnam

a) The Certificate of technical and environmental safety inspection of trucks having unconformable containers as prescribed in this Circular which is granted before November 1, 2014 shall be annulled from January 1, 2015.

b) Certificate of finished product quality assurance granted before January 1, 2015 may still be used for following the procedures for registering the vehicles, inspecting technical safety and environment protection.

2. With respect to imported trucks into Vietnam

a) If the imported trucks arrive in Vietnam before January 1, 2015 but their containers do not comply with regulations of this Circular, they are still under inspection and granted the Certificate  according to Circular No. 31/2011/TT-BGTVT dated April, 2011 of the Minister of Transport on technical and environmental safety inspection of imported motor vehicles and Circular No. 32/2012/TT-BGTVT dated August 9, 2012 of the Minister of Transport on size limitations of containers of dump trucks, truck trailers, semi-trailer trucks, tank trucks, tank trailers, tank semi-trailers permitted on public roads.

b) The Certificate of technical and environmental safety inspection of imported motor vehicles, the Notification of exemption from technical and environmental safety inspection granted imported motor vehicles that arrive in Vietnam before January 1, 2015 may still be used for inspecting technical and environmental safety for the first time or registering the vehicles and following the importing procedures as prescribed.

3. If the vehicles prescribed in Clause 1 and Clause 2 of this Article and the vehicles are granted the Certificate of technical and environmental safety inspection before November 1, 2014 but their containers do not comply with this Article, they are still permitted on public roads. If there are any violations against regulations on vehicular weight, the regulation of law on punishment for administrative violations against regulations on road traffic shall be applied.

Article 8. Implementation

1. The Vietnam Register is responsible for implementation of this Circular.

2. The Chief of the Ministry Office, the ministerial Chief Inspector, Directors of
Department, General directors of Directorate for Roads of Vietnam, Directors of Vietnam register, Directors of the Services of Transport of provinces, Heads of entities shall be responsible for implementation of this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Transport for consideration./

APPENDIX 1

ILLUSTRATIONS OF TYPES OF CONTAINERS
(Issued together with Circular No. 42/2014/TT-BGTVT dated September 15, 2014 of the Minister of Transport)

1. Illustrations of container side walls:

2. Illustrations of front walls and end walls of open containers with canvas