Circular No. 10/2012/TT-BGTVT on the organization and operation of vehicle weight control stations on highways

CIRCULAR

Regulations on the organization and operation of Weigh-in-Motion Stations on roads

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Pursuant to Clause 5, Article 51 of the Road Traffic Law 2008;

Pursuant to 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 issues this Circular stipulating the organization and operation of Weigh-in-Motion Stations on roads,

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the organization and operation of Weigh-in-Motion Stations on roads.

2. This Circular applies to agencies, organizations, and individuals related to the organization and operation of Weigh-in-Motion Stations on roads.

Article 2. Functions, Tasks, and Powers of Weigh-in-Motion Stations

1. Functions:

A Weigh-in-Motion Station (hereinafter referred to as the Station) is where road management agencies implement the collection, analysis, and evaluation of the impact of vehicle load weight and vehicle dimensions on bridge and road safety; inspect and handle violations by vehicles exceeding permitted dimensions, load weight (including vehicles carrying cargo exceeding the design load capacity recorded in the Vehicle Registration Certificate or Safety Technical Inspection Certificate) participating in road traffic and tracked vehicles operating on roads; the Station has its own headquarters, uses its own seal, and opens an account at the State Treasury in accordance with the provisions of the law.

2. Tasks:

a) Inspect at the Station vehicles such as automobiles, tractors, and specialized motorcycles participating in road traffic regarding compliance with the provisions of Circular No. 07/2010/TT-BGTVT dated February 11, 2010 of the Minister of Transport "regarding load weight and vehicle dimensions for roads; operation of overloaded vehicles, oversized vehicles, tracked vehicles on roads; transportation of extra-long and extra-heavy goods; limits on loading goods on road transport vehicles when participating in road traffic" and subsequent amendments, supplements, or replacements to Circular No. 07/2010/TT-BGTVT;

b) Collect, update, compile, and store data related to load weight and vehicle dimensions of automobiles, tractors, and specialized motorcycles participating in road traffic through the Station and the handling of violations at the Station to report to competent authorities as prescribed or upon request;

3. Authorities:

a) Signal or give orders to drivers to move their vehicles to designated locations for inspection when signs of exceeding permitted dimensions or load weight for bridges and roads, and self-propelled tracked vehicles on roads are detected;

b) Require drivers to present: Driver's License; Vehicle Registration Certificate; Safety Technical Inspection Certificate (or Military Vehicle Permit for military vehicles); Overload, Oversize, Extra-long and Extra-heavy Goods Transport Permits on roads; Self-propelled Tracked Vehicle Operation Permits on roads;

c) Conduct inspections on: axle load weight, total weight, and vehicle dimensions (including cargo and passengers on board) of automobiles, tractors, and specialized motorcycles participating in road traffic (excluding military vehicles transporting weapons, equipment, and materials for national defense and security purposes); compliance with regulations in Overload, Oversize, Extra-long and Extra-heavy Goods Transport Permits, and Self-propelled Tracked Vehicle Operation Permits on roads;

d) Administer administrative penalties within their authority for administrative violations in the field of road traffic discovered at the Station. In cases where the level of violation exceeds their authority, the case file must be transferred to the competent authority to issue a penalty decision;

đ) Suspend the operation of vehicles until the violator completes corrective measures according to the Government's regulations on administrative penalties in the field of road traffic.

Article 3. Authorities responsible for state management of Vehicle Weighing Stations

1. The Vietnam Highway Administration shall manage Vehicle Weighing Stations located on national highways, except those located on sections or routes of national highways delegated to local authorities for management.

2. Departments of Transport shall manage Vehicle Weighing Stations located on sections or routes of roads managed by local authorities or delegated to them for management.

Article 4. Forces operating at Vehicle Weighing Stations

1. The direct management and operation force of the Station's physical facilities and technical equipment (hereinafter referred to as the direct operation force of the Station): specific positions and staffing levels according to Article 5 of this Circular.

2. The coordinating inspection and violation handling force at the Station (hereinafter referred to as the coordinating force) includes: traffic inspectors or forces assigned to perform specialized road inspection tasks; military control units under provincial or centrally-administered city Military Command Departments; traffic police from provincial or centrally-administered city Traffic Police Departments and public security units at districts, counties, and towns where the Station is located. Depending on the conditions and actual operational circumstances of each Station, the coordinating force may include one, two, or all of the above forces and will be specifically defined in the "Regulation on Coordination among Forces Operating at the Station".

3. Forces operating at the Station shall work according to their respective agencies' functions and responsibilities and as assigned in the "Regulation on Coordination among Forces Operating at the Station" issued by the Ministry of Transport and the People's Committee of the province (where the Station is located) for Stations on national highways or by the People's Committee of the province (where the Station is located) for Stations on provincial, district, commune, and urban roads.

Article 5. Positions and Staffing of the Direct Operation Force of Vehicle Weighing Stations

1. Positions within the direct operation force of the Station include: Station Director, Deputy Station Director, Shift Leader, technical staff, and other Station staff.

2. Appointment of positions specified in Clause 1 of this Article shall be carried out according to regulations of the General Director of the Vietnam Highway Administration for Stations managed by the Vietnam Highway Administration or according to regulations of the Department of Transport Director for Stations managed by the Department of Transport.

3. Staffing of the direct operation force of the Station shall be approved by the Ministry of Transport based on the proposal of the Vietnam Highway Administration (for Stations managed by the Vietnam Highway Administration) or by the People's Committee of the province based on the proposal of the Department of Transport (for Stations managed by the Department of Transport).

4. In cases where the Station is constructed through investment not fully funded by the State budget, the appointment of positions and staffing of the direct operation force of the Station will be specifically defined in agreements on the construction of the Station.

Article 6. Tasks and Authorities of the Direct Operation Force of Vehicle Weighing Stations

1. Station Director:

a) Shall be responsible for organizing and managing the operations of the Station in accordance with this Circular and other relevant laws;

b) Shall assign tasks to Deputy Station Directors, Shift Leaders, and Station staff;

c) Shall carry out other tasks and authorities assigned in the "Regulation on Coordination among Forces Operating at the Station";

d) Shall be responsible before the head of the directly managing authority and the law regarding the organization and operation of the Station.

2. Deputy Station Director:

a) Shall carry out tasks and authorities according to the assignment of the Station Director;

b) Shall carry out other tasks and authorities assigned in the "Regulation on Coordination among Forces Operating at the Station".

c) Shall be responsible before the Station Director and the law for their actions.

3. Shift Leaders and Station staff:

a) Shall carry out tasks and authorities according to the assignment of the Station Director and Deputy Station Director;

b) Shall carry out other tasks and authorities assigned in the "Regulation on Coordination among Forces Operating at the Station";

c) Shall be responsible before the Station Director and the law for their actions.

Article 7. Uniforms and insignias of forces operating at the Overload Control Station

1. Officials, staff members, and members of the coordinated forces must wear uniforms and insignias according to their positions and the regulations of each sector while performing their duties.

2. The Director of the Vietnam Highway Administration shall stipulate the uniforms and insignias for the positions within the forces directly operating the Station.

Article 8. Operating funds of the Station and policies for personnel working or participating in coordinated activities at the Overload Control Station

1. The operating funds of the Station are provided from the economic road construction fund and other sources as prescribed by law. For Stations constructed through forms not entirely funded by the State budget, the operating funds will be specifically defined in investment agreements for constructing the Station.

2. Policies for personnel working or participating in coordinated activities at the Station:

a) Officials and staff members directly operating the Station shall enjoy current policies as prescribed.

b) Members of the coordinated forces shall receive salaries and allowances paid by the dispatching agency. Allowances for working at the Station (if applicable) shall be resolved by the direct superior management agency according to current regulations.

Article 9. Operating hours of the Overload Control Station

The Station operates 24/7 throughout the week, including holidays and public holidays; each day is divided into three shifts. In case of technical malfunctions or natural disasters causing the Station to temporarily cease operations, the Station Director must immediately report via a written document (or fax) to the direct superior management agency. The reporting time must not exceed one hour from when the Station ceases operation.

Article 10. Prohibited Acts

1. Exploiting vehicle inspections to seize transported goods.

2. Harassing, causing inconvenience, accepting bribes from vehicle owners, drivers, or brokers; displaying arrogant, uncivilized behavior or actions that harm the physical health, property of drivers and passengers.

3. Mediating, guiding, or assisting drivers to evade inspection, control, and penalties for overload and dimensional violations as prescribed by law.

4. Manipulating or adjusting inspection results; altering violation records and documents.

Article 11. Implementation Organization

1. Overload Control Stations are responsible for periodically reporting monthly, quarterly, semi-annually, and annually on the Station's operational status to the direct supervising authority and the Vietnam Highway Administration for consolidation and reporting to the Ministry of Transport.

2. Departments of Transportation and Road Management Zones are responsible for continuously inspecting and informing about bridge and road conditions within their jurisdiction, and simultaneously reporting to the Vietnam Highway Administration so that the Vietnam Highway Administration can promptly coordinate with Overload Control Stations along the roads in infrastructure protection work.

3. The Vietnam Highway Administration is responsible for leading, guiding, supervising, and organizing the implementation of these Circular provisions.

Article 12. Implementation Provisions

1. This Circular takes effect from June 1, 2012, and replaces Decision No. 20/2008/QĐ-BGTVT dated October 2, 2008, issued by the Minister of Transport regarding temporary regulations on the organization and operation of Overload Control Stations.

2. The Heads of the Ministry’s Office, the Inspectorate, the Department Heads, the Director of the Vietnam Highway Administration, the Directors of Provincial Departments of Transportation under central cities and provinces, the Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.