Circular No. 06/2017/TT-BGTVT stipulates the procedures for using technical equipment and the results obtained from such equipment as grounds to identify administrative violations and impose administrative penalties in the field of road traffic.

CIRCULAR

Specifies the procedures for using technical equipment and the use of results obtained from such equipment as a basisto determine administrative violations and impose administrative penaltiesin the field of road traffic

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BASED ON THE LAW ON TRAFFIC ON ROADS 2008;

Pursuant to the Law on Handling Administrative Violations 2012;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport; Pursuant to Decree No. 165/2013/NĐ-CP dated November 12, 2013 of the Government stipulating the management, use, and list of technical equipment used to detect administrative violations related to traffic order, safety, and environmental protection;

Pursuant to Decree No. 46/2016/NĐ-CP dated May 26, 2016 of the Government stipulating

administrative penalties in the field of road traffic and railway; At the proposal of the Inspector General of the Ministry of Transport and the Director-General of the Vietnam Highway Administration,

The Minister of Transport issues this Circular specifying the procedures for using technical equipment and the use of results obtained from such equipment as a basis to determine administrative violations and impose administrative penalties in the field of road traffic.

1. Procedures for using technical equipment by agencies and organizations entrusted with managing, operating, and maintaining road infrastructure.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on:

2. Using the results obtained from technical equipment provided by agencies and organizations entrusted with managing, operating, and maintaining road infrastructure as a basis to determine administrative violations and impose administrative penalties in the field of road traffic.

1. Road management agencies, including the Vietnam Highway Administration, the Road Management Bureau, the Branch Road Management Bureau, and the Department of Transport.

Article 2. Applicability

This Circular applies to:

2. Agencies performing road inspection functions, including the Inspectorate of the Ministry of Transport, the Inspectorate of the Department of Transport, and other agencies entrusted with specialized road inspection functions.

3. Organizations entrusted with operating and maintaining road infrastructure and related organizations and individuals.

1. Technical equipment includes weighing devices or scales (hereinafter referred to collectively as weighing devices) for checking the load of motor vehicles and recording devices.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

2. Load-checking weighing devices for vehicles consist of a weighbridge and other auxiliary technical equipment necessary for vehicle load checks.

3. Recording devices include cameras and video recorders (cameras).

4. A vehicle load check station (hereinafter referred to as a load check station) is where road management agencies and road inspection agencies collect, analyze, and assess the impact of vehicle loads and dimensions on bridge and road safety; inspect and handle violations by vehicles exceeding size limits and permissible weight (including vehicles carrying cargo exceeding the permitted weight indicated in the certificate of technical inspection and environmental protection) participating in road traffic and tracked vehicles traveling on roads.

5. A load-check weighing device unit (hereinafter referred to as a weighing unit) under organizations entrusted with operating and maintaining road infrastructure manages and uses load-check weighing devices.

6. Competent authorities are those persons authorized by law to conduct inspections, checks, detect violations, issue administrative violation records, and impose administrative penalties in the field of road traffic within the transport sector.

7. Users of technical equipment are those persons assigned the direct responsibility for managing and using technical equipment.

8. One-level weighing system is a set of portable scales, mobile scales, high-speed dynamic scales, and low-speed dynamic scales.

9. Two-level weighing system is a synchronized set consisting of primary weighing equipment and secondary weighing equipment.

ORGANIZATIONS MANAGING AND USING TECHNICAL EQUIPMENT

Chapter II

ORGANIZATIONS MANAGING AND USING TECHNICAL MEANS AND EQUIPMENTTECHNICAL MEANS AND EQUIPMENT

Article 4. Management agencies for technical equipment technical means and equipment

1. The General Department of Vietnam Roads, the Road Administration Bureau, the Department of Transport, and the Transport Department Inspectorate.

2. Organizations entrusted with exploiting and maintaining road transport infrastructure.

Article 5Direct management units, using means, technical equipment andassigning tasks to use means, technical equipment

1. Units directly managing and using means, technical equipment include:

a) Vehicle weight inspection stations;

b) Inspection teams under the Transport Department Inspectorate, Inspection-Safety Teams under the Road Administration Bureau;

c) Weighing units within organizations entrusted with exploiting and maintaining road transport infrastructure.

2. Assigning tasks to use means, technical equipment:

a) Agencies managing means, technical equipment as stipulated in Article 4 of this Circular shall issue documents assigning such tasks to direct management units using means, technical equipment as specified in Clause 1 of this Article, specifying the direct management unit, type of means, technical equipment, usage period, scope, and management responsibilities;

b) Direct management units using means, technical equipment must manage and use them according to the assigned tasks by the agencies managing means, technical equipment and relevant laws.

Article 6. Requirements and Responsibilities of Users of Means and Technical Equipment

1. Users of vehicle weight inspection scales

a) Are inspectors, inspection officials, officials from agencies performing road inspection functions; staff from road management agencies and organizations entrusted with exploiting and maintaining road transport infrastructure. In cases where staff from road management agencies and organizations entrusted with exploiting and maintaining road transport infrastructure are not officials or civil servants, they must enter into indefinite-term labor contracts in accordance with labor laws;

b) Understand technical standards, regulations, rules, procedures, and inspection practices related to vehicle weight inspections, laws protecting road transport infrastructure, traffic safety, administrative penalties, and equipment operation and maintenance procedures; proficiently operate vehicle weight inspection scales;

c) Have at least a B-level computer proficiency for users of computer systems controlling vehicle weight inspection scales.

2. Users of recording devices

a) Meet the requirements set forth in point a, Clause 1 of this Article;

b) Understand laws protecting road transport infrastructure, traffic safety, and administrative penalties in the field of road transport.

3. Users of means and technical equipment must be trained on operating procedures, maintenance, and relevant laws on administrative penalties in the field of road transport.

4. When performing duties, users of means and technical equipment must wear uniforms of their agencies or units and display name and position badges issued by the agencies or units managing means and technical equipment.

5. Responsibilities of users of means and technical equipment

a) Manage and use means and technical equipment in accordance with procedures and laws;

b) Use results obtained from means and technical equipment for their intended purposes as prescribed by law and bear legal responsibility for the outcomes derived from such means and technical equipment.

Article 7. Requirements for technical equipment and devices

1. Technical equipment and devices must meet requirements and be used in accordance with the principles stipulated in Clause 2 and Clause 3 of Article 79 of Decree No. 46/2016/NĐ-CP dated May 26, 2016 of the Government on administrative penalties for violations in the field of road traffic and railway transport.

2. For weight checking equipment

a) Must be inspected in accordance with the provisions of the law; ensuring compliance with technical standards and regulations throughout the usage period and between two inspection/calibration periods;

b) Before being put into use, it must be approved by the investor after acceptance to ensure all conditions as prescribed;

c) Shall be connected to the centralized data management software for vehicle load monitoring of the Vietnam Highway Administration.

3. For recording devices

a) The recording device when capturing actual images must ensure that the image displays the date, month, year, hour, minute, second, and location of capture;

b) The dynamic image recording device (camera) when recording actual images or clips must ensure that the date, month, year, hour, minute, second, location of recording, and image clips are displayed;

c) In cases where the recording device does not have the function of determining the location, the location of recording must be clearly recorded in the confirmation result sheet of the recording device.

4. Results obtained through technical equipment and devices must be recorded on the weight check sheet or the confirmation result sheet of the recording device.

5. Information and data obtained from technical equipment and devices must be stored by the unit directly managing and using such equipment and devices in accordance with the law on record keeping.

Article 8. Weight check sheets and confirmation result sheets of recording devices

1. Weight check sheet (hereinafter referred to as the weight sheet)

a) The weight sheet records results from the weight checking equipment, signed and named by the user of the equipment, with the seal of the unit directly assigned to manage and use the weight checking equipment at the top left corner of the sheet;

b) The weight sheet includes basic information such as driver's name, owner's name or transportation unit, name of the Department of Transport issuing the vehicle permit; information recorded in the certificate of technical safety and environmental protection inspection of the vehicle (license plate number, type of vehicle, axle number, gross weight, cargo weight, towing weight, wheelbase, overall dimensions, cargo box dimensions); information on axle load, total weight (gross weight); measurement results and conclusions.

2. Confirmation result sheet of the recording device

a) The confirmation result sheet of the recording device must include a copy of the image or video clip, signed and named by the user of the recording device, with the seal of the unit directly assigned to manage and use the recording device at the top left corner of the sheet;

b) The confirmation result sheet of the recording device includes basic information such as the name of the organization or individual committing the violation (if verified); vehicle name; violation behavior; location and time of violation.

3. Management of weight check sheets and confirmation result sheets of recording devices

a) The unit directly assigned to manage and use technical equipment and devices has the responsibility to open a logbook to track the use of weight check sheets and confirmation result sheets of recording devices;

b) The weight check sheet and confirmation result sheet of the recording device, along with copies of images or video clips, shall be included in the administrative penalty case file;

c) The Vietnam Highway Administration shall specify the format of the weight check sheet, the confirmation result sheet of the recording device, and the logbook for tracking the use of weight check sheets and confirmation result sheets of recording devices.

Chapter III

PROCEDURE FOR WEIGHT CHECKING OF VEHICLES AND USE OF RESULTS OBTAINED FROM TECHNICAL EQUIPMENT AND DEVICES

Article 9. Weighing process and using the results of weighing with two levels of scales at the Vehicle Weight Inspection Station

1. Primary weighing procedure

a) Vehicles subject to weight inspection must comply with traffic signs or traffic officers' instructions, drive on designated lanes or sections for primary scale equipment to check weight and dimensions; only one vehicle at a time is allowed in the weighing area to avoid distorting the inspection results;

b) The weighing system will automatically identify the license plate, determine technical specifications of the vehicle, measure its weight and dimensions, and report the measurement results. If there are no violation signs, the vehicle merges back into the traffic flow and continues its journey. If there are violation signs, the secondary weighing procedure is implemented.

2. Secondary weighing procedure

a) When the primary measuring system detects and reports a vehicle with violation signs, the automatic signaling system or the scale equipment operator guides the vehicle to a dedicated lane for secondary measurements to check weight and dimensions;

b) Competent authorities require the driver to present relevant documents related to the driver and the vehicle, check and compare data, and transfer documents to the scale equipment operator to enter information into the weight record on the computer; instruct the driver on speed and measurement position, issue commands for the driver to move the vehicle into the secondary measurement position; if the vehicle has violations, guide it to the handling position.

3. The scale equipment user prints and signs the vehicle weight inspection record, transfers it to competent authorities to establish administrative violation records; the handover and receipt of the vehicle weight inspection record are recorded in a logbook and signed for.

4. Competent authorities accept the vehicle weight inspection record and impose administrative penalties according to regulations.

5. After establishing the administrative violation record according to regulations, competent authorities require the driver or owner to unload excess cargo themselves; in cases where vehicles transporting oversized loads do not meet weight and size limits as prescribed, competent authorities require the driver or owner to arrange compliant transportation means.

Article 10. Weighing process and using the results of weighing with one level of scales

1. Weighing process and using the results of weighing for high-speed dynamic scales or low-speed dynamic scales

a) Vehicles subject to weight inspection must comply with traffic signs or traffic officers' instructions, drive on designated lanes or sections for weight and dimension checks; only one vehicle at a time is allowed in the weighing area to avoid distorting the inspection results;

b) The weighing system will automatically identify the license plate, determine technical specifications of the vehicle, measure its weight and dimensions, and report the measurement results. If there are no violation signs, the vehicle merges back into the traffic flow and continues its journey. If there are violations, the automatic signaling system or the scale equipment operator guides the vehicle to the handling position;

c) Competent authorities require the driver to present relevant documents related to the driver and the vehicle for inspection and data comparison, and implement the contents stipulated in Clause 3, Clause 4, and Clause 5 of Article 9 of this Circular.

2. Weighing process and using the results of weighing for portable scales and mobile vehicle weight inspection scales

a) Competent authorities stop vehicles suspected of violating weight limits or bridge and road size restrictions as prescribed by law, guide them to be weighed;

b) Implement the contents stipulated in point b of Clause 2, Clause 3, Clause 4, and Clause 5 of Article 9 of this Circular. In cases where the scale equipment user belongs to a road traffic inspection authority, implement the contents stipulated in point b of Clause 2 and Clause 5 of Article 9 of this Circular.

Article 11. Procedure for weighing and checking the load capacity of vehicles at the weighing station belonging to the organization responsible for operating and maintaining road traffic infrastructure

1. Implement according to the provisions set out in point a, Clause 1, Article 10 of this Circular.

2. The weighing system will automatically recognize the vehicle registration number, determine the technical specifications of the vehicle, check the load capacity and dimensions of the vehicle, and report the inspection results. In cases where there are no signs of violation, the vehicle merges with the general flow of traffic and continues its journey. In cases of violations subject to penalties, the system's automatic signaling or the user of the weighing equipment guides the vehicle into a designated lane to follow the weighing procedures as stipulated in Articles 9 and 10 of this Circular.

3. The user of the weighing equipment prints, signs, and clearly writes their name on the load weight inspection form, informs the driver or owner of the vehicle about the violation and the need to self-remove excess cargo or oversized parts; the weighing station promptly notifies the competent authority to hand over the load weight inspection form for further acceptance and processing as prescribed.

4. In cases where the driver or owner of the vehicle is not present at the load weight inspection site, the user of the weighing equipment prints and signs the load weight inspection form as prescribed. Within three days from the date of weighing, the weighing station must transfer the form to the Department of Transport Inspection located at the weighing site for acceptance, verification, and handling according to the law.

Article 12. Authority receiving, using results obtained from technical equipment, devices for professional purposes to serve as a basis for determining administrative violations and imposing administrative penalties in the field of road traffic

1. The Department of Transport Inspection receives and uses results obtained from technical equipment and devices on road systems within the local area (expressways, national roads, provincial roads, district roads, commune roads, urban roads, and specialized roads).

2. The Ministry of Transport Inspection, Vietnam Highway Administration, and Road Management Agency may receive and use results obtained from technical equipment and devices on roads nationwide when conducting inspections and checks as prescribed by law.

Article 13. Using results obtained from vehicle load weight inspection equipment

1. For results obtained from vehicle load weight inspection equipment at the Vehicle Load Weight Inspection Station: Competent forces accept the weighing form, determine administrative violations, and impose administrative penalties as prescribed.

2. For results obtained from portable scales and mobile vehicle load weight inspection equipment: Competent forces use the obtained results as a basis to determine administrative violations and impose administrative penalties as prescribed.

3. For results obtained from vehicle load weight inspection equipment at the weighing station:

a) In cases where the driver or owner of the vehicle who has violated remains at the scene, the weighing station immediately reports to the Department of Transport Inspection located at the weighing site to dispatch authorized personnel to accept the weighing form, determine administrative violations, and impose administrative penalties as prescribed;

b) In cases where the driver or owner of the vehicle who has violated is no longer at the scene, the weighing station transfers the weighing form to the Department of Transport Inspection located at the weighing site as prescribed in Clause 4, Article 11 of this Circular. Upon receipt of the weighing form, the Department of Transport Inspection determines administrative violations, informs the driver or owner of the vehicle about the violation (if any), and imposes administrative penalties as prescribed.

4. The person accepting the load weight inspection form is the authorized person to record the administrative violation according to the Government Decree stipulating administrative penalties in the field of road traffic.

5. The transfer and acceptance of the load weight inspection form must be recorded in a logbook and signed for.

6. The weighing station and the competent forces specified in Clause 1, Article 12 of this Circular establish and maintain telephone numbers, fax numbers, and email addresses regularly to provide timely information on violations.

Article 14. Procedure for using results obtained from recording devices

1. Acts of violation concerning traffic order and safety and protection of traffic works recorded by the recording device of the organization managing and using the recording device shall be transferred to competent authorities to determine administrative violations and impose administrative penalties in accordance with the provisions of the law.

2. The user of the recording device shall be responsible for printing out images of violations along with the confirmation sheet of the violation results, transferring them to competent authorities as a basis for determining administrative violations and imposing administrative penalties in accordance with the provisions.

3. Procedure for handing over and receiving images of violations along with the confirmation sheet of the violation results

a) In cases where there are competent forces at the scene of the violation, the images of violations along with the confirmation sheet of the violation results shall be immediately transferred to the competent forces to determine administrative violations and impose administrative penalties in accordance with the provisions;

b) In cases where there are no competent forces at the scene of the violation but the violator is still present at the scene, the user of the recording device shall immediately notify the competent forces to send authorized personnel to promptly receive the images of violations along with the confirmation sheet of the violation results to determine administrative violations and impose administrative penalties in accordance with the provisions;

c) In cases where there are no competent forces at the scene of the violation and the violator is no longer present at the scene, within three days from the date of discovering and recording the images of violations, the user of the recording device shall transfer the images of violations along with the confirmation sheet of the violation results to the competent forces. After receiving the images of violations and the confirmation sheet of the violation results, the competent forces shall notify the violator about the violation behavior and request them to report to the competent authority to impose administrative penalties in accordance with the provisions;

d) The handover and receipt of images of violations along with the confirmation sheet of the violation results must be recorded in the tracking logbook and signed for receipt.

4. The person receiving the confirmation sheet of the results of the recording device is the authorized person to prepare the administrative violation record according to the Government Decree on administrative penalty regulations in the field of road traffic.

5. For acts of violation that are not within the authority to impose penalties of the transport inspection force, the transport inspection force has the responsibility to receive and transfer the case file of the violation to the competent authority to impose penalties according to the law.

Article 15. Complaints during the penalty process Administrative Violation

1. Individuals and organizations subject to administrative penalties have the right to know information about violations obtained from means and technical equipment; they have the right to lodge complaints in accordance with the law on complaints.

2. The handling of complaints and the resolution of complaints shall be carried out in accordance with the law on complaints.

Chapter IV

RESPONSIBILITIES AND IMPLEMENTATION ORGANIZATION

Article 16. Responsibilities of the Vietnam Highway Administration

1. Implement this Circular.

2. Develop programs and organize training on procedures, operations for using, maintaining means and technical equipment, and relevant legal provisions on administrative penalties in the field of roads in accordance with the law and this Circular.

3. Inspect and supervise the use of means and technical equipment and the use of results obtained from such means and technical equipment.

4. Summarize and report to the Ministry of Transport quarterly and urgently on the management and use of means and technical equipment.

5. Guide provincial transportation departments, highway administration bureaus, and units entrusted with managing, operating, and maintaining road infrastructure on reporting forms and contents; organize the application of information technology to implement information and reporting tasks in accordance with this Circular.

Article 17. Responsibilities of the Department of Transport, Highway Administration Bureau, and the Transport Department Inspectorate

1. Assign personnel to operate equipment and technical tools in accordance with the requirements stipulated.

2. Manage and utilize the equipment and technical tools provided for detecting violations related to vehicle weight, traffic safety and order, and protecting road infrastructure, ensuring efficiency and compliance with the law.

3. Coordinate with the Vietnam Highway Corporation to organize training sessions for personnel operating equipment and technical tools under their jurisdiction.

4. Organize the receipt and utilization of results obtained from equipment and technical tools to determine administrative violations and impose administrative penalties according to this Circular and laws on handling administrative violations.

5. Report to the Vietnam Highway Corporation quarterly and at any time as required regarding the management and utilization of equipment and technical tools in accordance with regulations.

Article 18. Responsibilities of organizations entrusted with exploiting and maintaining road transport infrastructure

1. Clearly assign tasks, arrange personnel to operate equipment and technical tools to meet standards; coordinate with the Vietnam Highway Corporation to organize training for personnel operating equipment and technical tools under their jurisdiction.

2. Connect to the centralized monitoring software managed by the Vietnam Highway Corporation for vehicle weight data; transfer information obtained from equipment and technical tools to competent authorities as prescribed.

3. Be responsible for the accuracy of the results of vehicle weight inspections and images recorded by video devices provided to competent authorities as a basis for determining administrative violations and imposing administrative penalties; have the responsibility to keep confidential information related to violators as prescribed.

4. Coordinate with authorized persons receiving and imposing administrative penalties in the field of road transport in resolving complaints during the process of imposing administrative penalties as prescribed.

5. Report to the Vietnam Highway Corporation quarterly and at any time as required regarding the management and utilization of equipment and technical tools in accordance with regulations.

Article 19. Effective Date

This Circular takes effect from May 1, 2017.

Article 20. Implementation

The Head of the Ministry's Office, the Head of the Ministry's Inspectorate, the Heads of Departments, the Director of the Vietnam Highway Corporation, the Directors of Provincial Transport Departments, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.