Chương VI Thông tư 46/2015/TT-BGTVT: Cấp giấy phép lưu hành xe quá tải trọng, xe quá khổ giới hạn, xe bánh xích, xe vận chuyển hàng siêu trường, siêu trọng trên đường bộ

Chapter VI

PERMIT FOR OPERATION OF OVERLOADED VEHICLES, OVERDIMENSION VEHICLES, TRACKED VEHICLES AND VEHICLES THAT CARRY OVERSIZE/OVERWEIGHT LOAD ON PUBLIC ROADS

Article 20. General provisions on issuance of permit for operation of overloaded vehicles, overdimension vehicles, tracked vehicles and vehicles that carry oversize/overweight load on public roads

1. The Permit for operation of overloaded vehicles, overdimension vehicles, tracked vehicles, and vehicles that carry oversize/overweight load (hereinafter referred to as the Permit) on public roads must be issued only in special cases when no other probable solution or no other type of road vehicle that is suitable for the task is available.

2. Responsibilities of regulatory bodies entitled to issue the Permit (hereinafter referred to as the issuers):

a) Select suitable routes ensuring the traffic safety and the road protection;

b) Refuse to issue the Permit if the loaded goods exceed the payload designed by the manufacturer or exceed the allowable limit of load of the vehicle after modification that is specified on the Certificate of technical safety and environmental protection;

c) Provide requirements for traffic safety like speeds, lanes and time of operation on the Permit when granting permission for travelling on highways.

3. Regarding the operation of vehicle exceeding the capacity of a road that requires inspection or reinforcement of the road, any organizations/individuals wishing to travel on such road shall be responsible for paying all relevant charges. The competent authority shall issue the Permit when the organization/individual has completed the inspection/reinforcement.

4. Duration of the Permit:

a) Regarding overloaded and overdimension vehicles that are not required to comply with rules like going within permissible lanes, being guided or escorted by another vehicle or using reinforced roads only:

- If the route/road segment has been renovated/upgraded constantly, the Permit shall be valid for no longer than 60 days;

- If the route/road segment has not been renovated/upgraded constantly, the Permit shall be valid for no longer than 30 days;

b) Regarding overloaded vehicles, overdimension vehicles and vehicles carrying oversize/overweight load that are required to comply with rules like going within permissible lanes, being guided or escorted by another vehicle or using reinforced roads only: the Permit shall be valid for no longer than 30 days.

c) Regarding self-propelled tracked vehicles: the duration of the Permit is the duration of a trip when such vehicle departs until it reaches its destination.

d) Duration of the Vehicle operate permit specified in points a, b and c of this clause shall be within the duration of the Certificate of technical safety and environmental protection of such vehicle; if the duration of the Certificate of technical safety and environmental protection of the vehicle is shorter than the duration specified in points a, b and c of this clause, the time limit of the Permit is the time limit of the Certificate of technical safety and environmental protection of the vehicle.

Article 21. Procedures for issuance of the Permit

1. Any organizations/individuals wishing to obtain a Permit shall submit 01 application directly or by post to a receiving authority.

2. The application shall include:

a) An application according to the form provided for in Appendix 1 and Appendix 2 of this Circular;

b) A copy of the Certificate of vehicle registration or the Temporary certificate of vehicle registration (applicable to lately received vehicles);

c) A copy of the Certificate of technical safety and environmental protection for road motor vehicles or a copy of the report on specifications of the vehicle (applicable to lately received vehicles – provide by the manufacturer);

d) Transport solution for cases subject to road inspection (if any), including information about the transport route; information about the transport vehicle; information about goods verified by their owner, including dimension parameters like the length, width and height (L x W x H – meter(s)); weight, image (if any); the transport contract or written transport appointment issued by the goods owner or the hirer.

3. Within 02 working days from the day on which the satisfactory application is received, depending on the inspection results, the competent authority specified in Article 22 of this Circular shall issue the Permit according to the form in Appendix 3 and Appendix 4 of this Circular. If the application is unsatisfactory, a written response shall be made containing explanation.

4. If an inspection of the road must be conducted to impose requirements for running on public roads or to make decision on road reinforcement, within 02 working days from the day on which the satisfactory application as prescribed in clause 2 of this Article is received, the competent authority in charge of issuing the Permit shall request the applicant to conduct inspection or road reinforcement.

The Permit shall be issued within 02 working from the day on which the report on the result of the inspection or road reinforcement is received from a qualified advisory organization, ensuring the traffic safety.

Article 22. Power to issue Permit

1. Director of the Services of Transport and Director of Regional Road Management Unit are responsible for issuing the Permit for travelling on road nationwide.

2. The Minister of Transport is responsible for the issuance of Permit for vehicles serving National defense and security, energy works, disaster prevention and search and rescue.

Article 23. Responsibilities of Permit issuers

Permit issuers:

1. Must be legally responsible for issuing Permits to qualified applicants and in accordance with conditions of roads, vehicles and ensuring the traffic safety.

2. Are entitled to revoke the Permit of any vehicle if its owner/driver/hirer commits violations against regulations specified on the Permit or if its owner/driver/hirer has not repaired the damage to the road traffic works its caused.

3. Take responsibility for providing guidance for any organizations/individuals wishing to transport to choose a suitable route, ensuring the safety of road traffic works and safety of vehicles.

4. Take responsibility for providing current conditions of road at the request of organizations/individuals or of relevant agencies.

5. Take responsibility for collecting and using the charges for issuance of Permit according to regulations of the Ministry of Finance.