✦ Tóm lược thông minh
Circular No. 08/2010/TT-BGTVT stipulates the tasks and powers of the Road Transport Inspectorate to perform specialized inspection functions related to road traffic. This Circular applies to the Road Transport Inspectorate force and relevant organizations and individuals.
Đối tượng áp dụng
The Road Transport Inspectorate force (Inspectorate under the Ministry of Transport, Inspectorate under the Vietnam Highway Administration, Inspectorate under the Department of Transport) and organizations and individuals related to specialized inspection activities on road traffic.
Các điểm cốt lõi
- Inspect, detect, prevent, and impose administrative penalties on organizations and individuals for compliance with laws governing the management and protection of road traffic infrastructure (Article 3.1).
- Inspect, detect, prevent, and impose administrative penalties on organizations and individuals engaged in transportation operations and supporting transportation services at road transport business establishments (Article 3.2).
- Inspect, detect, prevent, and impose administrative penalties on organizations and individuals involved in driver training, examination, issuance, renewal, and revocation of motor vehicle driving licenses (Article 3.3).
- Inspect, detect, prevent, and impose administrative penalties on organizations and individuals involved in technical safety inspections and environmental protection for motor vehicles; registration and inspection of special-purpose motorcycles (Article 3.4).
- Stop road traffic vehicles promptly to prevent potential consequences or cease illegal acts according to the law (Article 4).
🌐 Tác động xã hội từ văn bản này
- Positive impact: Enhance the effectiveness of management and supervision of road traffic activities, protect road traffic infrastructure.
- Negative impact: May cause difficulties for the public when their vehicles are stopped in emergencies, affecting traffic flow.
❓ Câu hỏi thường gặp
Does the Road Transport Inspectorate have the authority to impose administrative penalties for violations of road traffic regulations?
Yes, the Road Transport Inspectorate is tasked with performing specialized inspection functions related to road traffic and imposing administrative penalties according to the law (Article 6).
When can an inspector stop a vehicle?
An inspector has the right to stop a vehicle in emergency situations to prevent potential consequences for road infrastructure or to cease illegal acts according to the law (Article 4).
How is an administrative penalty decision implemented?
The inspector records the incident, requests the vehicle operator to present relevant documents, weighs and measures cargo to determine its weight and dimensions, temporarily retains relevant documents, and then imposes an administrative penalty according to the law (Article 4).
Can inspectors use technical means during the monitoring of driving tests?
Yes, inspectors may use technical equipment provided for during the monitoring process (Article 5.3).
When does this Circular take effect?
This Circular takes effect 45 days from the date of signature (Article 6.1).
Toàn văn
CIRCULAR
Regulations on the tasks and powers of the Road Transport Inspectorate
On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;
Based on the Inspection Law dated June 15, 2004;
Based on the Ordinance on Administrative Violations Handling in 2002, and the Ordinance amending and supplementing certain articles of the Ordinance on Administrative Violations Handling dated April 2, 2008;
Based on Decree No. 136/2004/NĐ-CP dated June 16, 2004 of the Government on the organization and operation of transport inspection;
Based on Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport,
The Minister of Transport hereby specifies the specific tasks and powers of the Road Transport Inspectorate as follows:
Article 1. Scope of Regulation and Applicability
Article 1. This Circular specifies the specific tasks and powers of the Road Transport Inspectorate to perform specialized inspection functions in road traffic.
Article 2. This Circular applies to the Road Transport Inspectorate force, including: the Ministry of Transport Inspectorate, the Vietnam Highway Administration Inspectorate, the Provincial Department of Transport Inspectorate, and other organizations and individuals related to specialized inspection activities in road traffic.
Article 2. Scope of Operation of the Road Transport Inspectorate
Clause 1. The Ministry of Transport Inspectorate performs its tasks within the scope of state management over road transport of the Ministry of Transport.
Clause 2. The Vietnam Highway Administration Inspectorate performs its tasks within the scope of state management of the Vietnam Highway Administration.
Clause 3. The Provincial Department of Transport Inspectorate performs its tasks within the scope of state management over road transport of provincial People's Committees and the scope of national highways delegated to the Provincial Department of Transport.
Article 3. Tasks and Powers of the Road Transport Inspectorate
Clause 1. Inspect, detect, prevent, and impose administrative penalties on organizations and individuals for violations in complying with laws on the management and protection of road traffic infrastructure, ensuring technical standards of road construction projects, specifically as follows:
Point a) Implement planning for road traffic infrastructure;
Point b) Apply technical standards for road construction projects; ensure technical requirements and traffic safety of road construction projects;
Point c) Ensure traffic safety during construction on operational roads;
Point d) Manage and maintain roads;
Point đ) Manage and protect road safety zones;
Point e) Connect to main roads;
Point g) Review traffic safety for road construction projects.
Clause 2. Inspect, detect, prevent, and impose administrative penalties on organizations and individuals for violations in complying with laws on transportation operations and supporting services at road transport business establishments, bus stops, parking areas on roads, bus stations, parking lots, rest stops, overload control checkpoints, toll booths, and when discovering vehicles (with violation behavior) stopping or parking on roads, specifically as follows:
Point a) Passenger transport by fixed-route buses; by city buses; by taxis; under contracts and tourist passenger transport by buses;
Point b) General cargo transport; cargo transport by taxi trucks; oversized and overweight cargo transport; dangerous goods transport;
Point c) Supporting road transport services, including: services at bus stations, parking lots, rest stops, transport agencies, ticket sales agencies, cargo consolidation services, transfer services, warehouse services, road transport rescue services.
Clause 3. Inspect, detect, prevent, and impose administrative penalties on organizations and individuals for activities in driver training, examination, issuance, renewal, and revocation of motor vehicle driving licenses (excluding driver training, examination, issuance, renewal, and revocation of driving licenses by military and police forces), specifically as follows:
Point a) Conditions and standards of driving schools;
Point b) Organization of driving school training; implementation of training content, programs, and staff of driving schools;
Point c) Conditions and standards of driving test centers;
Point d) Organization of motor vehicle driving license examinations;
Point đ) Issuance, renewal, and revocation of motor vehicle driving licenses and certificates of legal knowledge training for operators of special-purpose vehicles participating in road traffic.
Clause 4. Inspect, detect, prevent, and impose administrative penalties on organizations and individuals for activities in technical safety inspections and environmental protection of motor vehicles; registration and inspection of special-purpose motorcycles, specifically as follows:
Point a) Conditions and standards of motor vehicle inspection centers;
Point b) Implementation of inspection procedures of motor vehicle inspection centers;
Point c) Conditions and standards of inspectors and other positions of motor vehicle inspection centers;
Point d) Organization of special-purpose motorcycle registration.
Clause 5. Conduct unannounced supervision of motor vehicle driving license examinations, specifically as follows:
Point a) The Road Transport Inspectorate assigned to supervise the examination shall perform supervisory duties and powers according to Circular No. 07/2009/TT-BGTVT dated June 19, 2009 of the Minister of Transport on driver training, examination, and issuance of motor vehicle driving licenses;
Point b) When detecting signs of law violations during an examination, the inspector or the head of the supervision team shall report to the Chief Inspector of the Provincial Department of Transport for the Director of the Provincial Department of Transport or the Chief Inspector of the Vietnam Highway Administration for the Director of the Vietnam Highway Administration to decide on an unannounced inspection of the examination;
In case the recommendation of the Chief Inspector of the Provincial Department of Transport or the Chief Inspector of the Vietnam Highway Administration is not approved, they have the right to reserve their opinion and report to the Chief Inspector of the Ministry of Transport for appropriate measures according to regulations;
Point c) The supervision team and inspectors may use technical equipment provided during the supervision process.
Clause 6. Impose administrative penalties in the field of road traffic according to the provisions of the law.
Clause 7. Perform other tasks and powers as prescribed by the law on inspection.
Article 4. Stopping Road Traffic Vehicles
1. Road traffic vehicles shall be stopped in emergency situations to promptly prevent potential consequences for road works as prescribed in point a, Clause 2, Article 86 of the Road Traffic Law, specifically as follows:
a) Road traffic vehicles in operation showing signs of exceeding the permissible load capacity of bridges and roads;
b) Road traffic vehicles in operation showing signs of exceeding the permissible dimensions of bridges and roads;
c) Tracked vehicles directly running on the road causing damage to the road;
d) Road traffic vehicles illegally dumping soil, construction materials, and other waste onto the road or within the safety zone of the road.
2. Road traffic vehicles shall be stopped to halt violations as prescribed in Article 53 of the Ordinance on Handling Administrative Violations: when discovering administrative violations within the authority to impose penalties of the Road Transport Inspectorate as stipulated in the Government Decree on Administrative Penalties in the Field of Road Transport, the Road Transport Inspectorate, while performing their duties, require the driver of the violating vehicle to stop the vehicle to prepare the violation record and proceed with administrative penalty enforcement according to the law.
3. When stopping road traffic vehicles, the Road Transport Inspectorate shall have the following responsibilities:
a) Requesting the driver to present relevant documents;
b) Weighing, measuring, and counting to determine axle load, total vehicle weight, cargo size, vehicle dimensions, and recording them clearly in the violation record (if applicable);
c) Preparing the record as prescribed and temporarily retaining relevant documents to ensure the enforcement of administrative penalties according to the law;
d) Deciding on administrative penalties and enforcing the decision to enforce administrative penalties according to the law;
đ) Requesting the driver to immediately unload excess weight, remove excess dimensions, install spats on tracked vehicle wheels; if causing damage to bridges or roads, restore the initial state altered due to the administrative violation;
e) Requesting the driver to immediately clear and transfer soil, construction materials, and other waste illegally dumped onto the road or within the safety zone of the road;
g) Reporting to the immediate superior about stopping the vehicle at the end of the work shift.
4. The stopping of road traffic vehicles shall be carried out using the vehicle stop command specified in Article 5 of this Circular.
5. It is strictly prohibited to arbitrarily stop vehicles affecting the activities of persons and vehicles participating in traffic.
Article 5. Vehicle Stop Command for Road Traffic
1. The vehicle stop command is implemented through stop signals, including:
a) Using a traffic direction baton or STOP sign;
b) Horns, handheld battery-powered loudspeakers, or loudspeakers mounted on vehicles;
c) Barriers or barriers.
2. The vehicle stop command using a traffic direction baton or STOP sign when the inspector stands on the road:
The inspector stands firmly in a safe position where the driver can observe, facing towards the traffic vehicle showing signs of violation, holding the traffic direction baton (or STOP sign) horizontally parallel to the ground, with the palm holding the baton (or handle of the STOP sign) in a vertical position.
When the driver receives the signal and reduces speed, the inspector uses the traffic direction baton or STOP sign combined with horn sounds to guide the vehicle to park in a suitable and safe location for inspection.
3. The vehicle stop command using a traffic direction baton or STOP sign when the inspector sits in a traffic vehicle:
The inspector holds the traffic direction baton or STOP sign and extends it across the side of the vehicle showing signs of violation so that the driver can see it. In cases where the inspector's vehicle travels in the same direction and behind the vehicle showing signs of violation, the inspector uses a loudspeaker to request the driver to stop.
When the driver reduces speed and stops at the indicated location, the inspector's vehicle parks in a suitable location for inspection.
Article 6. Implementation Provisions
1. This Circular takes effect 45 days from the date of signature.
2. The Chief Inspector of the Ministry of Transport is responsible for directing, guiding, and inspecting the implementation of this Circular by the Road Transport Inspectorate force.
3. The Heads of the Ministry’s Office, the Chief Inspector of the Ministry, the Heads of Departments under the Ministry of Transport; the Director of the Vietnam Highway Administration; the Directors of Provincial Departments of Transport; the Heads of agencies, organizations, and individuals related to the implementation of this Circular./.
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Còn hiệu lực
08/2010/TT-BGTVT
Circular No. 08/2010/TT-BGTVT stipulates the tasks and powers of the Road Transport Inspectorate.
Expired
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