Circular No. 35/2013/TT-BGTVT on the arrangement of goods on motor vehicles when participating in road traffic

CIRCULAR

Regulations on loading goods onto motor vehicles when participating in road traffic

Road traffic on land

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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 Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 91/2009/NĐ-CP dated October 21, 2009 of the Government on business operations and conditions for operating road passenger and cargo transport using motor vehicles; Decree No. 93/2012/NĐ-CP dated November 8, 2012 of the Government amending and supplementing certain articles of Decree No. 91/2009/NĐ-CP dated October 21, 2009 of the Government on business operations and conditions for operating road passenger and cargo transport using motor vehicles.

At the proposal of the Director of the Transport Department and the General Director of the Vietnam Highway Administration;

The Minister of Transport issues this Circular stipulating regulations on loading goods onto motor vehicles when participating in road traffic on land.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the regulations on loading goods onto motor vehicles, semi-trailers, and tractor-trailers (hereinafter referred to collectively as motor vehicles) when participating in road traffic on land.

2. Loading dangerous goods shall be carried out in accordance with the provisions of Decree No. 104/2009/NĐ-CP dated November 9, 2009 of the Government detailing the list of dangerous goods and transporting dangerous goods by road motor vehicles.

3. Loading oversized and overweight goods shall be carried out in accordance with the provisions of Circular No. 07/2010/TT-BGTVT dated February 11, 2010 of the Minister of Transport stipulating the load limit, width limit of roads; operation of overloaded vehicles, vehicles exceeding width limits, tracked vehicles on roads; transportation of oversized and overweight goods; limits on loading goods onto road transport vehicles when participating in road traffic on land; and Circular No. 03/2011/TT-BGTVT dated February 22, 2011 of the Minister of Transport amending and supplementing Circular No. 07/2010/TT-BGTVT dated February 11, 2010 of the Minister of Transport "Regulations on load limit, width limit of roads; operation of overloaded vehicles, vehicles exceeding width limits, tracked vehicles on roads; transportation of oversized and overweight goods; limits on loading goods onto road transport vehicles when participating in road traffic on land."

Article 2. Applicability

This Circular applies to cargo transporters, drivers, escorts, cargo transporters, loaders of goods onto motor vehicles, and organizations and individuals related to the activity of loading goods onto motor vehicles when participating in road traffic on land.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Cargo transporter: is an organization or individual using motor vehicles to transport goods on roads.

2. Cargo transport business operator: is a business enterprise, cooperative, or individual business participating in cargo transport business using motor vehicles.

3. Loader: is an organization or individual carrying out the loading of goods onto motor vehicles.

4. Cargo transporter: is an organization or individual hiring a cargo transport business operator to transport goods by motor vehicle on roads.

5. Bulk cargo: is a type of cargo in the form of blocks or grains, which, when transported, is directly contained in the cargo box of the motor vehicle without the need for packaging.

6. Packed cargo: is cargo packed in bags, boxes, or crates to ensure that the cargo does not get lost or damaged during transportation.

7. Cylindrical cargo: is cargo in the shape of a round column or cylindrical tube that can roll easily on a flat surface.

Container: is a component of transport equipment that is durable and sufficiently strong for multiple uses; allowing convenient loading and unloading, especially when transferring from one mode of transport to another. Containers are designed and manufactured according to specified standards.

Chapter II

REGULATIONS ON LOADING GOODS ONTO MOTOR VEHICLES

Article 4. General Principles for Loading Goods

1. The carrier must select appropriate means of transport suitable for the type of goods to be transported.

2. The loading and transportation of goods must comply with the design load capacity of motor vehicles, weight limits, and width restrictions of bridges, tunnels, and roads, ensuring traffic safety regulations and environmental hygiene standards.

3. For machinery and transportation equipment, all fuel must be removed from the storage tanks before loading onto motor vehicles.

4. Goods loaded onto motor vehicles must be evenly distributed, not skewed to one side, and securely fastened to prevent movement during transportation.

Article 5. Provisions on loose cargo loading

1. When transporting bulk cargo, motor vehicles with cargo boxes or containers must be used.

2. In cases where bulk cargo is transported on open trucks, the carrier must use equipment and tools to cover the goods completely, ensuring that the goods do not spill during transportation.

3. Instructions for covering bulk cargo are illustrated in Appendix 1 of this Circular.

Article 6. Provisions on package cargo loading

1. Heavy items with rigid packaging should be placed at the bottom.

2. Items of the same size shall be arranged together.

3. Items that tend to tilt slightly should be placed in the middle of the cargo pile.

4. If there are gaps between items, devices and tools must be used to prevent collision and movement during transportation. If there are still empty spaces in the truck after loading, they must be filled to secure the cargo.

Article 7. Regulations for Loading Tubular Goods

1. Tubular goods should be laid horizontally or vertically along the length of the vehicle depending on their length relative to the cargo box. When laid horizontally, they must be perpendicular to the length of the vehicle.

2. When the height of the tubular goods is less than its diameter, the tubular goods must be placed upright.

3. Tubular goods must be secured to the sides of the vehicle or supported using brackets, supports, and padding to prevent movement during transportation.

4. For tubular goods with smooth surfaces, when stacked, cushioning material must be used between layers to prevent slipping.

5. Instructions for loading and securing tubular goods are illustrated in Appendix 2 of this Circular.

Article 8. Regulations for Loading into Containers and Transporting Containers on Motor Vehicles

1. Loading into Containers:

a) Suitable containers must be selected based on the type and characteristics of the goods to be loaded;

b) Padding must be used to ensure that the goods inside the container do not move during transportation;

c) The maximum usage weight of the container and the goods it carries shall comply with the ISO 668 standard regarding classification, dimensions, and designated weights.

2. When transporting containers, a tractor-trailer combination or a motor vehicle designed for container transport must be used, suitable for the type of container.

3. Devices must be used to secure the container to the vehicle, ensuring that the container does not move during transportation.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS INVOLVED

Article 9. Responsibilities of the Carrier, Driver, and Escort

1. Responsibilities of the Carrier:

a) Must update complete information about the load capacity, bridge, tunnel, and road width limits along the entire route before transportation;

b) Must arrange appropriate means of transport suitable for the type of goods to be transported and the width limits of bridges, tunnels, and roads along the entire route;

c) Provide drivers, escorts, and loaders with detailed information about the characteristics, dimensions, and weight of the goods, packages, permissible load capacity of the vehicle, and weight and width limits of bridges, tunnels, and roads along the entire route; responsible for the accuracy of the provided information;

d) Ensure sufficient equipment for covering, securing, and padding goods for proper loading and facilitate compliance with loading regulations;

đ) Guide drivers, escorts, and loaders on how to load goods;

e) Be responsible for all violations related to load capacity, width limits, and loading regulations on motor vehicles;

g) Compensate drivers, escorts, and loaders if they are penalized for violating loading regulations due to the carrier's requirements.

2. Responsibilities of Drivers and Escorts:

a) Coordinate with loaders during the loading process, covering, securing, and supporting goods;

b) Inspect the goods on the vehicle and compare them with the information provided by the carrier to ensure they do not exceed the permissible load capacity and width limits of bridges, tunnels, and roads along the entire route before starting transportation;

c) The driver is responsible if goods loaded onto the motor vehicle violate load capacity, width limit, and other loading regulations and continue to operate the vehicle on the road.

Article 10. Responsibilities of the Freight Transporter

Provide to the transporter the characteristics, dimensions, and weight of the goods, packages, and consignments: bear responsibility for the provided information.

Article 11. Responsibilities of the Cargo Stacker

1. Receive the information provided by the transporter to properly stack cargo on the vehicle in accordance with regulations.

2. Stack cargo on the vehicle without exceeding the permissible load capacity of the vehicle and the load limit, width restriction of bridges, tunnels, and roads along the entire transportation route.

3. Cover, secure, and brace cargo according to regulations and the driver's and cargo supervisor's instructions.

4. Bear responsibility for violations of cargo stacking regulations, except where it can be proven that such errors were due to following the transporter's requirements or incorrect information provided by the transporter.

Article 12. Responsibilities of the Vietnam Highway Administration

1. Lead and coordinate with the Vietnam Automobile Transport Association to promote, train, and guide the implementation of this Circular.

2. Inspect, audit, and handle organizations and individuals violating the provisions of this Circular within their authority.

3. Monitor and compile the implementation status of this Circular and promptly report to the Ministry of Transport for necessary amendments and supplements to suit actual conditions.

Article 13. Responsibilities of the Department of Transport

1. Lead and coordinate with local automobile transport associations to promote, disseminate, and guide the implementation of this Circular in the locality.

2. Inspect, audit, and handle organizations and individuals violating the provisions of this Circular within their authority.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Circular takes effect from December 15, 2013.

Article 15. Responsibility for Implementation

The Head of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Highway Administration, Directors of Provincial Departments of Transport, Directors of Transport Departments of centrally governed cities, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.