Circular No. 26/2012/TT-BGTVT on the determination and handling of dangerous locations on operational roads

CIRCULAR

Regulations on identifying and handling hazardous locations on operational roads

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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;

Pursuant to the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

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.

Considering the proposal of the General Director of the Vietnam Highway Administration and the Director of the Department of Traffic Safety,

The Minister of Transport issues this Circular regulating the identification and handling of hazardous locations on operational roads.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the identification and handling of hazardous locations on operational roads.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the identification and handling of hazardous locations on operational roads.

Article 3. Explanation of Terms

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

1Hazardous location means black spot traffic accidents on roads or potential accident spots.

2Black spot for traffic accidents on roads (hereinafter referred to as "black spot") isđa place where traffic accidents frequently occur. A potential traffic accident spot on roads is a place where traffic accidents may occur.

In Clause 1 and Clause 2 of this Article, the term "point" refers to a location, a section of road, or within an intersection area.

6. Road management organization is a company managing a section of road, a business undertaking road maintenance management tasks.

CRITERIA AND RECORDS FOR IDENTIFYING BLACK SPOTS AND POTENTIAL ACCIDENT LOCATIONS

Article 4. Criteria for identifying black spots

Chapter II

Criteria for identifying black spots

involving traffic accidents occurring in one year

(12 months), including one of the following cases are 1. Two fatal traffic accidents; 2. Three or more accidents, including at least one fatal accident.:

3. Four or more accidents, but only resulting in injuries.

Article 5. Criteria for identifying potential accident locations

Criteria for identifying potential accident locations include the current state of road infrastructure, the current condition of the area, and traffic accidents occurring in one year (12 months), including one of the following cases:

1. The current state of road infrastructure, traffic organization, and surrounding conditions that cause traffic safety hazards;

2. Five or more collisions or at least one accident resulting only in injuries.

Article 6. Records for black spots

Records for black spots include:

1. Records of traffic accidents kept by the road management unit or records provided by the police;

2. A statistical table of accidents with route details, number of accidents, losses, and preliminary recommendations for solutions to address causes;

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

Article 7. Records for potential accident locations

Records for potential accident locations include:

1. Records of traffic collisions kept by the

road management organization

provided by the police.2. Statistical tables of collisions, send a text message including route details, number of collisions, accidents, losses; evaluation of causes and preliminary recommendations for solutions.

3. Diagrams of the current state of road infrastructure, traffic organization, photographs of the area, and related documents. traffic accidents HANDLING OF BLACK SPOTS AND POTENTIAL ACCIDENT LOCATIONS

3. Diagram of the current status of the road construction project, traffic organization, photographs of the area, and related documents.

Chapter III

HANDLING BLACK SPOTS AND POTENTIAL TRAFFIC ACCIDENT HAZARDS

Article 8. Procedure for Handling

1. The procedure for handling black spots and potential traffic accident sites includes eight steps as follows:

a) Step 1: Identify and preliminarily rank priority for handling;

b) Step 2: Initial inspection of the site;

c) Step 3: Analyze and preliminarily determine causes;

d) Step 4: Study the site again to determine causes;

đ) Step 5: Select remedial measures;

e) Step 6: Determine the responsible agency for handling;

g) Step 7: Implement handling of black spots and potential traffic accident sites;

h) Step 8: Monitor and evaluate results.

2. The contents of each step in the procedure for handling black spots and potential traffic accident sites are stipulated in Articles 9 to 16 of this Circular.

Article 9. Identification and Preliminary Ranking Priority for Handling

1. Road management organizations identify, compile statistics on collisions, and establish files on black spots and potential traffic accident sites according to Articles 6 and 7 of this Circular. traffic accidents 2. Based on the number of collisions, the number of traffic accidents in one year (12 months), the severity level in terms of the number of deaths, injuries, and property damage value, compare with the criteria specified in Articles 4 and 5 of this Circular to preliminarily rank the priority order for handling, and report to the direct road management authority (Road Management Zone, Department of Transport for national roads under their management; Department of Transport for local road systems; project investors for roads being operated under BOT contracts; agencies, organizations, individuals owning dedicated roads).

Article 10. Initial Inspection of the Site

After identifying and preliminarily ranking the priority for handling black spots and potential traffic accident sites, conduct an initial inspection of the site to:

1. Compare and supplement the characteristics of the site: traffic intersections, traffic organization, other characteristics (visibility, curve radius, road surface friction, steepness, other factors) and the current state of the road safety zone, the current state outside the road safety zone.

3. Determine traffic volume, vehicle composition, traffic conditions, and pedestrian status.

2. Sketch diagrams, take photographs of the site.

5. Investigate and assess generally the level of awareness and compliance with traffic laws of residents in the area.

4. Investigate weather, climate, and other environmental factors affecting traffic safety.

Article 11. Analysis and Preliminary Determination of Causes

Based on the results of the inspection and the collected site records, construct a ground plan diagram (accident scenes or current area conditions) at a scale of 1:200 showing the main features of the site: intersections, traffic organization, natural-social environment on both sides of the road (hills, fields, trees, houses, offices, schools, residential areas, industrial zones) and diagrams of accidents. Conduct analysis at each position to preliminarily determine causes.

Article 12. Study the Site Again to Determine Causes

1. Based on the records completed in Articles 10 and 11 of this Circular, organize a second study of the site to determine causes due to road conditions, traffic organization, visibility, nighttime lighting, natural-social environment on both sides of the road; pay attention to weather conditions or traffic control situations when accidents occur.

2. The inspection and study of the site as stipulated in Clause 1 of this Article must be conducted objectively (at multiple times and weather conditions across different subjects, age groups, professions).

2. The inspection and on-site study as prescribed in Clause 1 of this Article must be conducted objectively (at various times and weather conditions involving different age groups and professions).

Article 13. Selection of Remedial Measures

Based on the causes identified in Article 12 of this Circular, propose remedial measures according to the principle that:

1. The cause of traffic accidents must be reduced or eliminated entirely.

2. No new causes of traffic accidents shall be generated.

3. There shall be no negative impact on traffic safety and the surrounding environment.

Article 14. Determination of the Authority Responsible for Handling

1. In cases where the cause and remedial measures relate to roads and bridges, the direct managing authority of the road must immediately handle after approval by the competent authority below:

a) Vietnam Highway Corporation for the national highway system.

b) Provincial People's Committee for local road systems.

c) The competent state agency for roads developed under the BOT model.

d) Organizations or individuals with dedicated roads for dedicated roads.

2. For other causes and remedial measures, the direct managing authority of the road shall recommend the relevant agency or unit to handle within their jurisdiction.

Article 15. Implementation of Handling Black Spots and Potential Accident Sites

1. The design documents for handling black spots and potential accident sites shall be carried out by experienced consulting units. The consulting unit must coordinate with the traffic police unit (responsible for the section of road with black spots) to conduct investigations, analyses, and propose solutions.2. Statistical tables of collisions,2. During the construction process of handling black spots and potential accident sites, the construction unit must strictly adhere to the design documents and other regulations to ensure traffic safety during construction and operation.

3. The implementation of handling black spots and potential accident sites shall prioritize the use of funds but must comply with legal provisions on investment management and construction.

Article 16. Monitoring and Evaluating the Results of Handling

1. The monitoring and evaluation of the results of handling black spots and potential accident sites shall be conducted by the Road Management Organization and reported to the Road Management Zone, Department of Transport (for national highways and local roads), and organizations or individuals with dedicated roads (for dedicated roads).

2. For BOT roads, the monitoring and evaluation of the results of handling shall be carried out by the investor and reported to the competent state agency and the direct managing authority of the road.

RESPONSIBILITIES FOR HANDLING BLACK SPOTS AND POTENTIAL ACCIDENT SITES

Chapter IV

Article 17. Responsibilities for Handling Black Spots and Potential Accident Sites in the National Highway System

1. The Road Management Organization shall implement the provisions of Articles 9 and 16 of this Circular.

2. The Road Management Zone, Department of Transport (for black spots and potential accident sites on national highways under their management) shall implement the provisions of Articles 10, 11, 12, and 13 of this Circular.

3. Vietnam Highway Corporation shall implement the responsibilities stipulated in point a, Clause 1, Article 14 of this Circular.

4. For BOT roads:

a) The investor shall implement the provisions of Articles 10, 11, 12, and 13 of this Circular.

b) The Road Management Zone, Department of Transport shall urge the investor to fulfill the tasks stipulated in Articles 10, 11, 12, and 13 and Clause 2, Article 16 of this Circular.

5. For black spots on operational roads with ongoing construction, renovation, or upgrade projects, the road management organization shall hand over the black spot files to the project sponsor for consideration and handling within the project. If the project has not yet commenced, the direct managing authority of the road shall implement temporary measures to ensure traffic safety.

6. In cases where the cause of traffic accidents is unrelated to roads and bridges, the direct managing authority of the road shall act in accordance with Clause 2, Article 14 of this Circular.

6. In cases where the cause of the traffic accident is not related to bridges or roads, the direct management agency for roadways shall implement as prescribed in Clause 2 of Article 14 of this Circular.

Article 18. Responsibilities for handling black spots and potential accident locations on local road systems.

2. The Road Management Zone, Department of Transport (for black spots and potential accident sites on national highways under their management) shall implement the provisions of Articles 10, 11, 12, and 13 of this Circular.

2. The Department of Transport shall implement the provisions set forth in Articles 10, 11, 12, and 13 of this Circular.

3. The People's Committee of the province shall implement the responsibilities stipulated in point b, Clause 1, Article 14 of this Circular.

4. For BOT roads, the investor shall implement the provisions set forth in Articles 10, 11, 12, and 13 of this Circular.

6. In cases where the cause of traffic accidents is unrelated to roads and bridges, the direct managing authority of the road shall act in accordance with Clause 2, Article 14 of this Circular.

6. In cases where the cause of traffic accidents is not related to bridges or roads, the direct managing agency of the road shall act in accordance with the provisions of Article 14 of this Circular.

Article 19. Responsibilities for handling black spots and potential accident locations on dedicated roads.

2. The Road Management Zone, Department of Transport (for black spots and potential accident sites on national highways under their management) shall implement the provisions of Articles 10, 11, 12, and 13 of this Circular.

2. Agencies, organizations, and individuals owning dedicated roads shall implement the provisions set forth in Articles 10, 11, 12, 13, and point d, Clause 1, Article 14 of this Circular.

3. In cases where the cause of traffic accidents is not related to bridges or roads, the direct managing agency of the road shall act in accordance with the provisions of Article 14 of this Circular.

4. Agencies, organizations, and individuals owning dedicated roads shall be responsible for reporting to the Department of Transport on the implementation of identifying and addressing dangerous locations where traffic accidents occur on dedicated roads.

Chapter V

IMPLEMENTING PROVISIONS

Article 20. Effective Date

1. Athletes this shall take effect from September 15, 2012.

2. This Circular replaces Decision No. 13/2005/QĐ-BGTVT dated February 2, 2005 of the Minister of Transport promulgating the "Regulations on Determining and Handling Dangerous Locations Frequently Occurring Traffic Accidents on Exploited Roads." year 2005 of the Minister of Transport issuing the "Regulations on Determining and Handling Dangerous Locations Frequently Occurring Traffic Accidents on Exploited Roads."

Article 21. Implementation

1. The Director of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Highway Administration, Chairmen of Provincial People's Committees under central cities, and heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.

2. During the implementation process, if any difficulties arise, agencies, organizations, and individuals shall report them to the Vietnam Highway Administration for consolidation and reporting to the Ministry of Transport for consideration and decision./.