Circular No. 41/2023/TT-BGTVT on the arrangement of goods on road transport vehicles

CIRCULAR

Provisions on loading goods onto road transport vehicles

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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;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

Based on Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business operations and conditions for operating passenger and freight transport services using motor vehicles;

Based on Decree No. 47/2022/NĐ-CP dated July 19, 2022 amending and supplementing certain articles of Decree No. 10/2020/NĐ-CP dated January 17, 2020 of the Government on business operations and conditions for operating passenger and freight transport services using motor vehicles;

The Minister of Transport issues this Circular to provide provisions on loading goods onto road transport vehicles,

Pursuant to Decree No. 65/2016/ND-CP dated 01 July 2016 of the Government stipulating business conditions for automobile driving training services and driving examination services; Decree No. 138/2018/ND-CP dated 08 October 2018 of the Government amending and supplementing some articles of Decree No. 65/2016/ND-CP dated 01 July 2016 of the Government stipulating business conditions for automobile driving training services and driving examination services; Decree No. 70/2022/ND-CP dated 27 September 2022 of the Government amending and supplementing some articles of Decrees relating to business activities in the road sector;

1. This Circular provides provisions on loading goods onto trucks, specialized trucks, specialized vehicles, tractor units pulling trailers or semi-trailers, and tractor units pulling trailers (hereinafter referred to collectively as vehicles) when participating in road traffic.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Loading oversized, overweight goods and super-long, super-heavy goods on vehicles shall be carried out in accordance with the provisions of the Circulars issued by the Minister of Transport regarding the load capacity and width limits of roads; operation of overloaded vehicles, oversized vehicles, and tracked vehicles on roads; transportation of super-long and super-heavy goods; and the limit on loading goods onto vehicles when participating in road traffic.

This Circular applies to transport units, drivers, escorts, cargo owners, loaders, and organizations and individuals related to the activity of loading goods onto vehicles when participating in road traffic.

Article 2. Applicability

1. A transport unit is an organization or individual using vehicles to transport goods on roads.

Article 3. Explanation of Terms

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

2. A loader is an organization or individual responsible for loading goods onto vehicles.

3. A cargo owner is an organization or individual hiring a transport business to transport goods using road transport vehicles.

4. Loose cargo refers to ordinary goods not packed in boxes, bags, or containers, which are directly loaded into the cargo compartments of trucks, specialized vehicles, specialized trucks, trailer compartments, semi-trailer compartments, and specialized trailers.

5. Packed cargo refers to goods packed in bags, boxes, or crates to protect and safeguard the goods during transportation.

6. Cylindrical cargo refers to goods with cylindrical or round tube shapes that can roll easily on flat surfaces.

PROVISIONS ON LOADING GOODS ONTO VEHICLES

Chapter II

Article 4. General provisions on loading

1. Transport units must select appropriate vehicles based on the size and weight of the goods being transported. The goods transported must be compatible with the structure of the cargo compartment and the operational capabilities of the transport vehicle.

2. Transport units, loaders, and drivers must ensure that the loading does not exceed the permitted total weight for participation in road traffic, nor exceed the permitted axle load as stipulated; ensuring compliance with traffic safety regulations and environmental hygiene standards.

3. Transport units and drivers using specialized vehicles (including specialized trucks), specialized trailers, specialized semi-trailers, specialized trailers, and specialized semi-trailers must carry only the types of goods designed for those vehicles by the manufacturer.

4. Goods loaded onto vehicles must be neatly arranged, evenly distributed, not skewed to one side, securely fastened, and properly cushioned and lined to prevent movement in all directions; preventing spillage that could endanger people and vehicles during traffic; not obstructing the driver's view; not causing imbalance of the vehicle or difficulty for the driver in controlling it; and not obscuring the vehicle's lights, license plates, and safety warning signs. Some commonly used equipment for reinforcing, securing, cushioning, and lining is detailed in Appendix I attached to this Circular.

5. For machinery and transportation equipment, fuel must be completely drained from the tanks before loading onto the vehicle. Methods for loading machinery and transportation equipment are detailed in Appendix II attached to this Circular.

6. Loading packaged goods such as bags, crates, rolls, and blocks onto vehicles must follow the manufacturer's instructions.

7. Loading hazardous goods onto vehicles must comply with regulations on transporting hazardous goods by road motor vehicles and the provisions of this Circular.

7. The loading of dangerous goods onto vehicles shall be carried out in accordance with the regulations on the transportation of dangerous goods by road motor vehicles and the provisions of this Circular.

Article 5. Provisions on loose cargo loading

1. When transporting loose cargo, appropriate means of transport with suitable cargo compartments must be used to ensure that goods are securely covered and not scattered. The maximum height of the cargo must be lower than the upper edge of the truck bed.

2. The loading and covering of loose cargo shall be guided by Appendix III issued together with this Circular.

Article 6. Provisions on package cargo loading

1. Heavier items with rigid packaging and stability shall be placed at the bottom.

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

3. Items that are tilted or skewed shall be placed in the middle to minimize shifting during transportation.

4. In cases where there are gaps between packages, devices and tools must be used to prevent collision and shifting during transportation. If there are still empty spaces in the vehicle compartment after loading, they must be reinforced to secure the cargo.

Article 7. Provisions on column-shaped cargo loading

1. Column-shaped cargo may be loaded horizontally or vertically along the length of the vehicle depending on the length of the cargo compared to the vehicle compartment. When placed horizontally, it must be perpendicular to the length of the vehicle.

2. Column-shaped cargo with a height smaller than or equal to its diameter must be placed upright so that the axis of the column-shaped cargo is perpendicular to the bottom surface of the vehicle compartment or follow the manufacturer's instructions.

3. Column-shaped cargo must be securely fastened to the sides of the vehicle and must use specialized cargo containers or use supports, brackets equipped with wedges, base wedges, or channels, cushioning devices, securing devices, reinforcement to fix on the floor of the vehicle compartment, ensuring stability and preventing movement of the cargo in the horizontal, longitudinal, and vertical directions during transportation.

4. For column-shaped goods with smooth surfaces, when stacked, cushioning materials must be placed between layers to prevent slipping.

5. The loading and securing of column-shaped cargo shall be guided by Appendix IV issued together with this Circular.

Article 8. Provisions on container loading and container loading on vehicles

1. Container loading must meet the following requirements:

a) Containers must be suitable for the type and characteristics of the goods;

b) Cushioning and padding to prevent goods from shifting within the container during transportation;

c) Maximum weight usage and goods loaded in the container must comply with the provisions of National Standard TCVN 7553:2005 (ISO 668 : 1995) on container transportation type 1 - Classification, dimensions, and rated weight;

d) The loading of goods into containers shall be guided by Appendix V issued together with this Circular.

2. When transporting containers, tractor-trailer combinations with semi-trailers, curtain-sided semi-trailers, or trucks designed for container transportation must be used, suitable for the type of container.

3. Containers must be designed and manufactured according to national technical regulations for inspection and production of containers transported on vehicles. Containers must be securely fixed to the vehicle through locking mechanisms to prevent movement during transportation.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 9. Responsibilities of the Vietnam Road Administration

1. To take the lead in organizing and implementing this Circular.

2. To inspect, supervise, and handle violations of this Circular's provisions within their authority.

Article 10. Responsibilities of the Department of Transport

1. To take the lead in organizing and implementing this Circular in the local area.

2. To inspect, supervise, and handle violations of this Circular's provisions within their authority.

Article 11. Responsibilities of transportation units, drivers, and escorts

1. Responsibilities of transportation units

a) Comply with the regulations on loading goods onto vehicles as stipulated in this Circular and other relevant legal documents;

b) Before commencing transportation, provide complete information to the driver, escort, and loader regarding: characteristics of the goods, dimensions and weight of the goods, packages, permissible load for traffic participation of the vehicle, axle load and width limits of the entire route; be responsible for the accuracy of the provided information;

c) Arrange sufficient covering, securing, strapping, padding equipment to facilitate cargo loading and ensure compliance with cargo loading regulations;

d) Disseminate and guide drivers, escorts, and loaders on cargo loading plans to ensure compliance with regulations.

2. Responsibilities of drivers and escorts

a) Comply with the regulations on loading goods onto vehicles as stipulated in this Circular and other relevant legal documents;

b) Prior to performing the transportation task, conduct a check to ensure that the goods on the vehicle have been properly loaded, covered, secured, tied down, and padded, compare with the information provided by the transportation unit and manufacturer's instructions to ensure it does not exceed the permissible load for traffic participation of the vehicle.

Article 12. Responsibilities of the transportation lessee

Provide the transportation unit with information about the characteristics of the goods, dimensions, weight of the goods, packages, and requirements for loading goods onto the vehicle, contents of the manufacturer's instructions (if any); be responsible for the completeness and accuracy of the provided information.

Article 13. Responsibilities of the person loading goods onto the vehicle

1. Comply with the regulations on loading goods onto the vehicle as stipulated in this Circular and other relevant legal documents.

2. Receive all necessary information provided by the transportation unit and manufacturer's instructions to perform the loading of goods onto the vehicle, comply with the regulations on loading goods onto the vehicle as stipulated in this Circular, other relevant regulations, and the instructions of the driver and escort.

3. Load goods onto the vehicle for transportation ensuring it does not exceed the permissible load for traffic participation of the vehicle and the weight and width limits of the road when participating in traffic. Do not load goods onto the vehicle if the transportation unit arranges an unsuitable vehicle for the size and weight of the goods to be transported.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Circular takes effect from February 15, 2024.

2. This Circular replaces Circular No. 35/2013/TT-BGTVT dated October 21, 2013, issued by the Minister of Transport, concerning the loading of goods onto automobiles when participating in road traffic.

3. In cases where the legal documents referred to in this Circular are amended, supplemented, or replaced by other legal documents, the provisions of those amended, supplemented, or replacing documents shall apply.

Article 15. Responsibility for Implementation

The Head of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Highway Administration, Directors of the Vietnam Expressway Corporation, Directors of Provincial Departments of Transport, Heads of related agencies, organizations, and individuals are responsible for implementing this Circular./.