Decision No. 13/2005/QĐ-BGTVT promulgates "Regulations on the identification and handling of hazardous locations frequently involved in traffic accidents on operational roads"

Pursuant to …;

Issuing regulations on the identification and handling of frequently occurring dangerous locations causing traffic accidents on operational roads 交通事故正在运营的公路上发生

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THE MINISTER OF TRANSPORTATION

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 14/2003/NĐ-CP dated February 19, 2003 of the Government detailing the implementation of certain provisions of the Road Traffic Law;

Pursuant to Decree No. 186/2004/NĐ-CP dated November 5, 2004 of the Government on management and protection of road traffic infrastructure;

At the proposal of the Director of the Vietnam Highway Administration,

DECISION:

Article 1. Attached hereto are the "Regulations on the Identification and Handling of Frequently Occurring Dangerous Locations Causing Traffic Accidents (referred to as black spots) on Operational Roads."

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Heads of the Ministry's Office, Chairmen of People's Committees of provinces and centrally governed cities, Heads of Departments, Directors of the Bureau of Inspection and Quality Management of Construction Projects, Directors of the Vietnam Highway Administration, General Directors of Highway Management Zones, and Heads of relevant agencies and units shall be responsible for implementing this Decision./.

REGULATIONS

 

On the identification and handling of frequently occurring dangerous locations causing traffic accidents

on operational roads

(Attached to Decision No. 13/2005/QĐ-BGTVT dated February 2, 2005

of the Minister of Transport).

PART I

GENERAL PROVISIONS

Article 1. Black spot

A black spot is a dangerous location where traffic accidents frequently occur. The term "spot" here refers to a position, a section of road, or within an intersection area.

Article 2. Criteria for identifying black spots

The criteria for identifying black spots must be based on the number of traffic accidents and the level of damage incurred over one year:

1. Two serious accidents (accidents resulting in death) or

2. Three or more accidents, including at least one serious accident or

3. Four or more accidents, but only involving injuries.

Article 3. Black spot file

1. Accident files kept by the road management unit;

2. An accident statistics table recording mileage, number of accidents, losses, cause assessment, and preliminary recommendations for corrective measures;

3. Accident files provided by traffic police;

4. Diagrams of the black spot area, photographs of the black spot area, and related documents.

Article 4. Responsibilities for handling black spots

1. Companies, sections managing roads (collectively referred to as road management units) have the responsibility:

a) To identify, record accidents, and establish black spot files as stipulated in Article 3 of these Regulations;

b) To compare collected data with black spot criteria to compile reports to the Department of Transport, Department of Transport and Public Works, and Highway Management Zone.

2. Highway Management Zone (for black spots on National Highways), Department of Transport, Department of Transport and Public Works (for black spots on sections of National Highways under delegated management), based on reports from subordinate road management units, conduct initial reviews, prepare classified priority files with proposed solutions, and submit them to the Vietnam Highway Administration for approval. After approval by the Vietnam Highway Administration, they must promptly implement subsequent steps as specified in Chapter II of these Regulations.

3. The Vietnam Highway Administration, based on reports on black spots from the Department of Transport, Department of Transport and Public Works, and Highway Management Zone, proceeds with investment approvals according to priority.

4. For black spots on local roads: the Department of Transport, Department of Transport and Public Works, based on reports from subordinate road management units, conduct initial reviews, prepare classified priority files with proposed solutions, and submit them to provincial or centrally governed city People's Committees for approval. After approval by the provincial or centrally governed city People's Committee, they must promptly implement subsequent steps as specified in Chapter II of these Regulations.

5. For black spots on BOT roads and specialized roads, the managers are responsible for handling them.

6. For black spots on operational roads with construction projects for renovation and upgrading, the road management unit transfers the black spot files to the project investor for inclusion in the project for consideration and resolution. If the project has not yet commenced, the competent authority for the road with the black spot must take temporary measures to ensure traffic safety before transferring the road to the investor.

7. In cases where the cause of traffic accidents identified during review does not fall within the responsibility for handling, the Department of Transport, Department of Transport and Public Works, and Highway Management Zone shall issue recommendations to the local government and relevant departments for resolution according to their functions and responsibilities.

Chapter II

PROCEDURES FOR HANDLING BLACK SPOTS

Article 5. Procedures for handling

1. The procedures for handling black spots consist of eight steps

Step 1: Identifying and preliminarily ranking priorities;

Step 2: Initial site inspection;

Step 3: Collecting additional data and conducting analysis;

Step 4: Re-inspecting the site to determine causes;

Step 5: Selecting remedial measures;

Step 6: Assigning responsibilities for handling black spots;

Step 7: Implementing the handling of black spots;

Step 8: Monitoring and evaluating results.

2. The specific provisions for each step in the procedure for handling black spots are detailed in Articles 6 through 13 of these Regulations.

Article 6. Identifying and Preliminarily Ranking Priorities

1. Road management units must update complete accident files. Accident files are compiled as the basis for identifying black spots.

2. Based on the number of traffic accidents in one year, the severity in terms of fatalities, injuries, and property damage, preliminary priority rankings for handling are established.

Article 7. Initial Site Inspection

After identifying black spots, an initial site inspection must be conducted to verify and supplement site characteristics: intersections, road conditions, traffic organization, and other features (visibility, curve radius, road surface grip...).

Sketch diagrams and photograph the site.

Determine traffic volume, vehicle composition, traffic conditions, and pedestrian activity.

Article 8. Collect additional data and conduct analysis

Based on the inspection results and traffic accident files collected, construct a site plan of each accident at a scale of 1:200, showing the main features of the scene: intersections, traffic organization, buildings, greenery, and accident diagrams. Analyze each accident location to preliminarily determine the cause.

Article 9. Conduct a second site investigation to determine the cause

Based on the file implemented in Article 8, organize a second site investigation to determine the cause of the traffic accident at the scene due to road conditions, traffic organization, environmental conditions on both sides of the road, visibility, nighttime lighting, weather conditions at the time of the accident, or traffic control situation.

Inspections and site investigations must be conducted at different times and weather conditions.

Article 10. Select remedial measures

Based on the causes identified in Article 9, propose remedial measures according to the principle:

1. Must reduce or eliminate the cause that led to the traffic accident.

2. Shall not generate other causes leading to traffic accidents.

3. Shall not adversely affect traffic safety and the surrounding environment.

Article 11. Responsibilities of the agency handling black spots

1. In cases where the cause and remedial measures relate to roads, the road management agency must handle them promptly.

2. In cases where the cause and remedial measures are related to other factors, the road management agency shall recommend the responsible agencies to handle them within their jurisdiction.

Article 12. Implementing black spot treatment

1. The design file for treating black spots must be carried out by a consulting design unit with experience in road management. During the process of investigation, analysis, and proposal of solutions, the design unit for treating black spots must maintain the participation of the research group from the road management unit as well as the traffic police department responsible for the section of road with the black spot.

2. During the construction of black spot treatment, the construction unit must comply strictly with the design file for treating black spots as well as other regulations to ensure traffic safety during construction and operation.

3. The implementation of black spot treatment must comply with legal provisions on investment and construction management.

Article 13. Monitoring and evaluating results

After completing the above steps, the road management unit must continue to organize monitoring and evaluation of traffic safety results.

Chapter III

IMPLEMENTATION

Article 14. The Vietnam Road Administration is responsible for guiding the implementation of this Regulation.

Article 15. Any difficulties encountered during implementation shall be reported promptly to the Ministry of Transport for study, supplementation, and amendment./.