JOINT CIRCULAR NO. 19-GT-CA ON THE USE OF FREIGHT TRANSPORT VEHICLES TO CARRY PASSENGERS

CIRCULAR

JOINT MINISTRY OF TRANSPORT AND PUBLIC SECURITY DECREE NO. 19/GT-CA
DATE February 7, 1963 ON THE USE OF MOTOR VEHICLES FOR CARRYING GOODS TO CARRY PASSENGERS
Due to the economic and cultural development in the northern region of our country, the people's travel has increased significantly; however, the number of passenger cars is limited, thus at times requiring transportation enterprises to use cargo vehicles to meet the demand for passenger transport during certain periods. In addition, agencies, cooperatives, farms, factories, mines often use transportation vehicles to carry cadres, workers, or when transporting goods with accompanying workers performing loading and unloading tasks.

The Joint Ministry of Posts and Telecommunications - Public Security issued Decree No. 9 on March 7, 1956 regarding temporary regulations for road transport, which stipulated the rules for changing the nature of carriage of motor vehicles in Chapter III, Article 32 of this document. However, given the current situation, the provisions in Decree No. 9 only outline major principles and need to be supplemented with specific details.

Based on the above situation, to prevent accidents that cause damage to property and lives of the people and the state; to meet the requirements of traffic flow serving the construction of socialism and the needs of the people, the Joint Ministry of Transport - Public Security hereby specifies the following detailed points on the use of cargo motor vehicles to carry passengers.

I. SPECIFIC PROVISIONS ON CHANGING THE NATURE OF CARRIAGE OF VARIOUS TYPES OF CARGO MOTOR VEHICLES

Agencies, cooperatives, farms, state-owned enterprises, and joint public-private enterprises wishing to change the nature of carriage of various types of cargo motor vehicles in cases where cargo motor vehicles are used to carry passengers during certain periods or temporarily used to carry passengers in necessary situations, combining the use to carry cadres and workers to work locations, must apply for permission from the transportation authority at the provincial level or higher and implement specific conditions to ensure safety as follows:
1. For cargo motor vehicles of state-owned and joint public-private enterprises wishing to change to passenger-carrying vehicles must meet the following conditions.

a) The vehicle must have a roof, rain and sun cover, and arrange conditions for passengers to get on and off.

b) All safety equipment of the vehicle must be complete and effective. The floor of the vehicle must be enclosed and clean; the sides of the vehicle must be stable and secure, all side locks and doors must ensure real safety.

c) Passenger vehicles regularly stationed at bus stations must have seats for passengers. Seats must be securely attached to the vehicle and not exceed 40 cm from the floor, and the sides of the vehicle must be at least 45 cm higher than the seat surface.

d) The driver must have a driving license for passenger vehicles.

Except in cases where, during service, the number of cargo vehicles required exceeds the prepared forecast and the enterprise does not have enough drivers with passenger vehicle licenses, or in cases of occasional transportation with sudden characteristics, the driver condition applies according to the provision in point (a) below regarding the use of cargo vehicles by agencies, enterprises, cooperatives, and farms to carry cadres and employees:

2. For cargo motor vehicles of agencies, enterprises, cooperatives, and farms wishing to use to carry workers to production sites or in relocation situations, meetings, etc., must meet the following conditions:

a) The driver must be a second-class driver or higher, with high sense of responsibility, good revolutionary ethics, always strictly comply with traffic laws and regulations, and must be proposed by the agency head before being reviewed and granted a temporary certificate by the transportation authority for a certain period.

b) Regarding the safety equipment of the vehicle, it must be complete and effective as specified in point (b) above for passenger-carrying cargo vehicles.

3. The number of people allowed to be carried when using cargo motor vehicles to carry passengers or cadres and employees.

The number of people allowed to be carried on cargo motor vehicles is specified as follows:

Based on the actual carrying area of the vehicle body with an average of four people per square meter but not exceeding the weight capacity of the vehicle (on average, each person weighs 50 kg)

3m9 x 2m2

Type $.4000 - 1 (HI) = = 34 people.

0m

3m3 x 2m05

Vehicle GAST (BE) = = 27 people.² 25

4m15 x 2m16

Vehicle Gitroent. 45 (BI) = = 35 people.

Vehicle GAST (BE) = = 27 people.² 25

3m55 x 2m15

Ford F.500 (BH) = = 30 people.

Vehicle GAST (BE) = = 27 people.² 25

II. CASES OF USING CARGO VEHICLES TO CARRY PASSENGERS WITHOUT APPLYING FOR PERMISSION FROM THE TRANSPORTATION AUTHORITY

1. Cargo vehicles of military agencies, public security forces (including armed public security, people's police, and other specialized forces) used to carry cadres and soldiers on duty.

Vehicle GAST (BE) = = 27 people.² 25

2. Using cargo vehicles to carry people in emergency situations such as:
a) Using vehicles to transport people to fight typhoons, floods, and rescue people in areas affected by typhoons, floods, and house fires.

b) Carrying injured people along the road who need immediate medical care.

3. Cargo vehicles must carry workers along with the vehicle to perform loading and unloading tasks, but must follow the provisions specified in Section 4 of this circular.

III. PROVISIONS ON TYPES OF CARGO VEHICLES AND CASES NOT PERMITTED TO BE USED TO CARRY PASSENGERS

The following cargo vehicles, regardless of circumstances, are not permitted to carry passengers (including carrying workers for loading and unloading tasks):

a) Vehicles with automatic cargo lifters (Benne); the cargo box has no sides.

b) On the vehicle, there are dangerous goods (toxic, explosive, flammable materials).
c) On trailers towed by cargo vehicles or tractors.
d) On cargo vehicles towing trailers. In necessary cases, only a certain number of workers for loading and unloading can be carried as specified in the section

concerning the transportation of workers for loading and unloading tasks.

d) Passengers may not sit precariously on high cargo stacked up to or higher than the sides of the vehicle for open-top vehicles without roofs, long and wide cargo protruding from the cargo box, or on vehicles carrying large heavy cargo blocks.

IV. PROVISIONS ON CARRYING WORKERS FOR LOADING AND UNLOADING ALONG WITH CARGO VEHICLES

When cargo vehicles carry workers for loading and unloading tasks, they must comply with the following conditions:

d) On cargo transport vehicles towing a trailer. In necessary cases, only a certain number of workers for loading and unloading may be carried as provided in the section concerning the transportation of loading and unloading workers on vehicles performing tasks. I regarding the case of transporting loading and unloading workers together with the vehicle performing tasks.

d) It is not allowed to carry passengers sitting precariously on cargo stacked level with or higher than the sides of the vehicle for open-top long and wide vehicles where cargo extends beyond the body of the vehicle, or on vehicles carrying large heavy goods packed in blocks.

IV. PROVISIONS ON THE TRANSPORTATION OF LOADING AND UNLOADING WORKERS TOGETHER WITH CARGO VEHICLES
CARGO TRAVELING ALONG WITH CARGO TRANSPORT VEHICLES

When cargo transport trucks carry loading and unloading workers along with the vehicle performing tasks, they must comply with the following conditions:

a) The maximum number of loading and unloading workers allowed to be carried on a vehicle is five for vehicles with a load capacity under five tons, and seven for vehicles with a load capacity of five tons or more.

b) The total number of loading and unloading workers together with cargo must not exceed the load capacity of the vehicle as specified.

c) The position of loading and unloading workers on a covered or uncovered vehicle must have a sturdy handrail.

d) Unstable goods must be carefully arranged and securely fastened to ensure that they do not shift during travel and cause injury to accompanying workers.

To ensure traffic safety and prevent the random use of cargo transport vehicles to carry passengers, which may result in tragic accidents causing loss of life to both civilians and state officials, the Ministries jointly request:

Agencies and enterprises using transportation means must genuinely enhance their awareness of ensuring safety and protecting human lives, and bear responsibility for all accidents caused by their vehicles. It is necessary to strengthen education for drivers to always take their responsibilities seriously, drive safely, regularly inspect the safety equipment of transportation means, and fully comply with the provisions set forth above.

Departments and Transport Services Offices must be extremely cautious when issuing permits. When issuing permits, they must base themselves on the provisions stipulated in this Circular, paying particular attention to checking the safety components of the vehicle, the conditions of the driver, and then issue permits either for individual trips or short periods based on the specific circumstances of using cargo transport vehicles to carry passengers.

For the daily transportation of workers to and from construction sites and mines using cargo transport vehicles, Departments and Transport Services Offices will only issue permits for a limited number of vehicles to meet essential needs for production.

Departments and Transport Services Offices and Public Security authorities have the duty to widely disseminate this Circular to transportation units and enterprises, as well as to state agencies, agricultural, forestry, and fishery enterprises with transportation vehicles, and must rigorously monitor the transportation of passengers by cargo transport vehicles.

All previous regulations issued by the two sectors of transportation and public security that conflict with the provisions of this Circular are hereby abolished.

                 Yang Bich Lien                                                 Le Quoc Than

                        (Signed)                                                             (Signed)