Circular No. 04/2019/TT-BGTVT on patrolling and inspecting to protect road traffic infrastructure.

CIRCULAR

Regulations on patrolling and inspecting to protect road infrastructure

traffic

Pursuant to the Road Traffic Law No. 23/2008/QH12 dated November 13, 2008;

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

Pursuant to Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure; Decree No. 100/2013/NĐ-CP dated September 3, 2013 of the Government amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure;

Pursuant to the Government Decree No. 32/2014/NĐ-CP dated April 22, 2014 on the management, operation, and maintenance of expressways;

At the proposal of the Director of the Infrastructure Department and the Director General of the Vietnam Highway Administration;

The Minister of Transport issues this Circular regulating patrolling and inspecting to protect road traffic infrastructure.

Article 1. Scope of Regulation

This Circular regulates the work of patrolling and inspecting to manage and protect road traffic infrastructure under the central system.

Article 2. Applicability

This Circular applies to road management agencies, persons managing and using road construction works, units responsible for regular maintenance and operation of road construction works, and organizations and individuals related thereto.

Article 3. Explanation of Terms

1. Road patrol is an activity of patrolling and inspecting to protect road traffic infrastructure carried out by units responsible for regular maintenance and operation of road construction works along the assigned managed route.

2. Road patrol staff is an individual assigned the task of road patrol by units responsible for regular maintenance and operation of road construction works.

3. Units responsible for regular maintenance and operation of road construction works are contractors managing, regularly maintaining, operating and exploiting road construction works or units entrusted with organizing exploitation and maintenance of road construction works.

4. Highway inspection is an activity of inspecting and supervising road patrols and the results of managing and protecting road traffic infrastructure carried out by units responsible for regular maintenance and operation of road construction works.

Article 4. Duties of road patrol staff

1. In relation to the management and protection of road traffic infrastructure:

a) Propaganda and mobilization of organizations and individuals to comply with laws on the management and protection of road traffic infrastructure, voluntarily ceasing actions that violate such regulations, remedying consequences of violations regarding the management and use of road traffic infrastructure, and restoring the original condition of the works;

b) Timely detection and prevention of organizations and individuals who have violated regulations on the management and use of road traffic infrastructure as stipulated in the Law on Road Traffic and Decree No. 11/2010/NĐ-CP of the Government on management and protection of road traffic infrastructure;

c) Preparing records confirming violations of regulations on the management, use, and protection of road traffic infrastructure;

d) Summarizing the results of handling and remedying violations, enforcement actions by local authorities, promptly reporting to units responsible for regular maintenance and operation of road construction works on the contents specified in points a, b, and c of this Clause, and proposing measures for handling.

2. Inspection and handling of damage to road construction works include:

a) Timely detection of damage and signs of damage to road construction works and equipment installed therein to report to units responsible for regular maintenance and operation of road construction works;

b) For damages affecting traffic safety and safety of the works, road patrol staff shall be responsible for taking immediate remedial measures. If beyond their capacity to implement, they shall take temporary warning measures (using danger signals such as flags, lights, sirens, hand signals, oral commands, placing visible obstacles or other necessary measures), report to units responsible for regular maintenance and operation of road construction works;

c) For works, parts, and components of works, and equipment installed therein showing signs of damage and deterioration not yet repaired but still in use, road patrol staff shall be responsible for regularly inspecting and monitoring the operational status of the works, parts, and components, recording the developments of damage in the patrol logbook, and reporting to units responsible for regular maintenance and operation of road construction works; if the damage develops to the point of compromising the safety of the works and traffic safety, they shall act according to the provisions of point b of Clause 2 of this Article;

d) Monitoring water levels at underground structures, overpasses, and water gauges during rain, floods, or high water levels; issuing temporary warnings to road users when underground structures or overpasses are unsafe due to water levels or flow rates exceeding prescribed limits or when the works are damaged; reporting to units responsible for regular maintenance and operation of road construction works.

3. In relation to ensuring traffic order and safety:

a) Immediately notify the following organizations and individuals upon occurrence of an accident: nearest police force; medical rescue, traffic rescue services (if necessary); representatives of managers and users of road construction works and units responsible for regular maintenance and operation of works, road management agencies;

b) Participate in handling traffic congestion, traffic accidents rescue operations; temporarily guide traffic when necessary before traffic police or road management agencies arrive; participate in securing the accident scene when no functional forces are present;

c) In cases where an accident causes damage to guardrails, bridge railings, signposts, bridges, or other works, causing damage, road patrol staff shall secure the accident scene, tally the losses, and require the vehicle driver to remain at the scene; notify units responsible for regular maintenance and operation of road construction works; cooperate with local authorities or police forces to prepare records confirming the losses as the basis for demanding compensation. In cases where an accident causes damage to load-bearing structures of road construction works (bridges, tunnels, or other works) or serious damage to works indicating potential impact on their operational capability, the staff must report to the manager or user of the works to prepare records confirming the losses as the basis for demanding compensation.

d) Monthly, compile statistics on accidents and the extent of damage for each incident to prepare reports for regular maintenance units and operation-exploitation units of road works;

đ) Identify existing issues in traffic organization, black spots, and potential safety hazards to report to regular maintenance units and operation-exploitation units of road works.

4. When a road work experiences an incident or shows signs of danger that do not ensure safety for exploitation and use as stipulated in Article 44 of Decree No. 46/2015/NĐ-CP of the Government on quality management and maintenance of construction works, patrol staff shall be responsible for:

a) Promptly notifying the person managing the use of the work, the road management agency, the nearest local authority, the regular maintenance unit, and the operation-exploitation unit of the road work to warn participants in traffic;

b) Implementing necessary measures to ensure safety for people, property, and vehicles participating in traffic.

5. Before the end of their patrol shift, patrol staff must record the patrol logbook. In cases where they participate in resolving traffic accidents, incidents with road works, or other situations where it is impossible to record the logbook on the same day, they should record it in the next patrol shift. The patrol logbook must reflect all conditions and incidents occurring on the assigned section of road, bridge, and work, as well as the safe traffic corridor. The model of the patrol logbook is attached as Appendix No. 01 and stored at the unit in accordance with the provisions of the law.

Article 5. Time for performing patrols and length of the assigned road section

1. Conduct inspections and checks at each position of the works within the assigned road section with the following number of times:

a) Not less than once per day for expressways, during the rainy months for national highways; on sections of national highways with damaged works posing risks to safety in exploitation and use, during periods of landslides and ice formation; and on sections with vehicle traffic exceeding the designed capacity;

b) Not less than once every two days for cases outside the provisions of point a of this Clause. For these cases, the person managing the use of the road work and the regular maintenance unit and operation-exploitation unit of the road work shall unify the plan and time for the patrol shifts.

2. Cases not implementing the provisions of Clause 1 of this Article include:

a) Road works experiencing serious incidents causing road blockages, tunnels, and bridges being damaged and unable to be exploited; other cases preventing patrol staff from safely accessing the positions of the works to perform patrols, interrupting patrol activities;

b) During the period when patrol staff participate in rescue and disaster relief operations and resolving incidents.

3. The length of the road section assigned to patrol staff depends on the scale and nature of the works and the means of transportation of the patrol staff but shall not exceed the following:

a) Class I and II roads: 25 km/person when using motorcycles or motorbikes for patrolling;

b) Class III roads: 30 km/person when using motorcycles or motorbikes for patrolling;

c) Class IV, V, and VI roads: 35 km/person for mountainous areas, 45 km/person for plains and midlands when using motorcycles or motorbikes for patrolling;

d) When using cars as means of transportation for patrolling, the length assigned to patrol staff may be increased by up to 1.5 times compared to the provisions of points a, b, and c of this Clause.

4. Patrolling on expressway sections shall be performed by two patrol staff members (one team) with a length not exceeding 30 km/team when using motorcycles or motorbikes; not exceeding 50 km/team when using cars.

5. For special-class, Class I, II, and III bridge and tunnel works:

a) The length assigned for patrol duties on sections with special-class and Class I bridges shall reduce the length specified in point a of Clause 3 of this Article by 1.5 times the length of those bridges; similarly, on sections with Class II and Class III bridges, the length specified in point a of Clause 3 of this Article shall reduce by 0.5 times the length of those bridges;

b) The length assigned for patrol duties on sections with special-class and Class I tunnel works shall reduce the length specified in point a of Clause 3 of this Article by 2 times the length of those tunnels; similarly, on sections with Class II and Class III tunnel works, the length specified in point a of Clause 3 of this Article shall reduce by 1.0 times the length of those tunnels.

6. In necessary cases (days with heavy rain and floods, complex-structured bridges, severely damaged works), the person managing the use of the road work may request the regular maintenance unit and operation-exploitation unit of the road work to increase the number of patrols beyond the provisions of Clause 1 of this Article.

Article 6. Responsibilities of units responsible for regular maintenance and operation of road works

1. Arrange and implement road patrols according to the provisions of Article 5 of this Circular; equip means and equipment for patrol staff to perform their tasks.

2. Check the performance of patrol staff's duties; handle and replace patrol staff who fail to complete their tasks or violate the provisions of this Circular.

3. Handle recommendations recorded in the Road Patrol Logbook or report to the person managing and using the road work, the road management agency, local authorities, traffic inspection forces (if necessary), and police for handling. In urgent cases, the unit responsible for regular maintenance and operation of road works must mobilize all forces to limit any potential losses.

4. Organize repairs and rectify damages and deterioration of road works based on proposals from patrol staff. In cases where damages and deterioration fall outside the scope of the management, regular maintenance, and operation contracts, promptly report to the person managing and using the road work to take appropriate measures to repair and rectify..

5. Participate in handling traffic accidents, resolving traffic congestion, and ensuring traffic safety, as well as dealing with incidents involving road works.

6. Participate in handling and repairing damage caused by typhoons and floods as stipulated by the Minister of Transport.

7. Coordinate with the person managing and using the road work, the road management agency, local authorities, traffic inspection forces, and police in the management, regular maintenance, and operation of road works, and protecting the road transport infrastructure.

8. Monthly, report to the person managing and using the road work on the following contents:

a) The implementation of management, regular maintenance, and operation tasks during the month; repair and rectification work for damages.

b) The technical condition of various components of the works, phenomena of damage and deterioration of components such as road surface, subgrade and shoulders; traffic safety systems; lighting systems; drainage systems: culverts, ditches, open channels, underground pipes, overflow structures; subgrade protection works, stream regulation structures; abutments, bridge spans, bearings, expansion joints, and other parts of bridges; shell, body, door of tunnels, water drainage parts, and other parts of tunnels; installed equipment, ferry terminal works, and other components within the management scope.

c) Traffic accidents, causes of traffic accidents, consequences of traffic accidents affecting people and vehicles participating in traffic; damaged components of the works, value of damages caused by traffic accidents; black spots and potential danger points on the route that have occurred but not yet been addressed.

d) Violations of road transport infrastructure occurring in the month, violations that have been handled, and those that have not been handled.

Article 7. Road Inspection

1. The person managing and using the road work shall be responsible for assigning personnel to perform road inspection tasks. For expressway works where the person managing and using the works is not the direct management agency, the direct management agency shall be responsible for assigning personnel to perform road inspection tasks.

2. Road inspection tasks:

a) Inspect and supervise the implementation of management and protection of road transport infrastructure by units responsible for regular maintenance and operation of road works and the performance of road patrol tasks as stipulated in Articles 4, 5, and 6 of this Circular;

b) Receive, process, or report and propose the person managing and using the road work to handle recommendations from units responsible for regular maintenance and operation of road works and patrol staff regarding the management and protection of road transport infrastructure;

c) Promote and mobilize organizations and individuals to comply with laws on the management and protection of road transport infrastructure; prepare violation records for the management and use of road transport infrastructure; require organizations and individuals to stop illegal actions, rectify consequences, and restore original positions;

d) Monitor and compile information and results of handling violations related to the management and use of road transport infrastructure, report to the person managing and using the road work on the above content. Propose preventive, combating, and handling measures for violations of the management and protection of road transport infrastructure;

đ) Monitor traffic organization, propose the person managing and using the road work to adjust and supplement traffic signs, traffic safety systems, improve the effectiveness of traffic organization, prevent and combat traffic congestion and accidents. Inspect black spots and potential danger points for traffic safety, report to the person managing and using the road work and propose handling if deemed necessary;

e) Upon receiving information about traffic accidents, notify the nearest police force, local authority, and traffic participants; report to the road management agency and the person managing and using the road work about the traffic accident; participate in handling when there is traffic congestion, rescue, and assist in traffic accidents; temporarily guide traffic when necessary before traffic police or road management agencies arrive; participate in protecting the accident scene when there are no functional forces present.

3. Road inspection work shall be carried out as follows:

a) Conduct inspections on assigned routes at least once every week;

b) Increase the number of inspections in cases where sections of the road under exploitation are damaged affecting traffic safety, landslide and flood-prone areas causing flooding or having the risk of landslides, weak bridges, and sections of the road posing potential risks to traffic safety.

c) After conducting patrol inspections on the route or addressing recommendations from regular maintenance units, road operation and exploitation entities, and patrol personnel, the individual responsible for the road patrol inspection shall record the patrol logbook. The patrol logbook must fully reflect the process of handling, implementing management and protection activities of road traffic infrastructure by the regular maintenance unit and road operation and exploitation entity. The model of the patrol logbook is attached as Appendix No. 02 issued together with this Circular and stored at the agency in accordance with the provisions of the law.

Article 8. Responsibilities of the Manager and User of Road Engineering Works

1. Inspect and handle violations (if any) of individuals performing road patrol tasks.

2. Address recommendations from regular maintenance units, road operation and exploitation entities, and individuals performing road patrol tasks regarding the repair of damage, deterioration, accidents, accident risks, black spots, potential safety hazards, and the management and use of road traffic infrastructure.

3. Handle violations of regular maintenance units and road operation and exploitation entities according to the terms of the contract and the provisions of the law.

4. Handle violations of the management and use of road traffic infrastructure:

a) Handle violations of the management and use of road traffic infrastructure within their authority;

b) Recommend to local authorities, police forces, traffic inspectors, and road management agencies in handling violations of the management and use of road traffic infrastructure;

c) Participate in the implementation of clearance and enforcement actions against violations of the management and use of road traffic infrastructure upon request of local authorities.

5. Recommend the road management agency or competent authority to approve plans to adjust and supplement traffic organization measures to enhance the effectiveness of ensuring safe and smooth traffic flow.

Article 9. Responsibilities of the Road Management Agency

Fulfill the responsibilities of the manager and user of road engineering works stipulated in this Circular for the assigned road sections and implement the following regulations:

1. Inspect the management and protection of road traffic infrastructure by the manager and user of road engineering works;

2. Address recommendations from the manager and user of road engineering works concerning the adjustment and supplementation of traffic organization measures as prescribed in Clause 5 of Article 8 of this Circular;

3. Conduct inspections and audits in accordance with the laws on the management, protection, and exploitation of road traffic infrastructure.

Article 10. Equipment, Devices, and Uniforms for Road Patrol and Inspection

Equipment, devices, and uniforms for road patrol and inspection are regulated in Appendix No. 03 issued together with this Circular.

Article 11. Effective Date

This Circular takes effect from March 28, 2019, and replaces Circular No. 47/2012/TT-BGTVT dated November 12, 2012, issued by the Minister of Transport on road patrols and inspections for the protection of road traffic infrastructure.

2. During implementation, if the regulatory documents cited in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replaced documents shall apply.

Article 12. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Highway Administration, heads of agencies, organizations, and related individuals are responsible for enforcing this Circular.