Circular No. 50/2017/TT-BGTVT on the determination and handling of dangerous locations on inland waterways

CIRCULAR

Regulations on the identification and handling of dangerous locations on inland waterways

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Pursuant to the Law on Inland Waterway Traffic Safety dated June 15, 2004 and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic Safety đinland waterways June 15, 2004, and the Law Amending and Supplementing Certain Articles of the Inland Waterway Transport Law dated June 17, 2014;

Pursuant to Decree No. 24/2015/NĐ-CP dated February 27, 2015 of the Government detailing and providing implementation measures for certain provisions of the Law on Inland Waterway Traffic Safety and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic Safety;

On the basis of Decree No. 12/2017/NĐ-CP dated October 10, 02017 of the Government qstipulating functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Traffic Safety and the Director of the Vietnam Inland Waterway Administration The Minister of Transport issues this Circular on the identification and handling of dangerous locations on inland waterways,

This Circular stipulates the identification and handling of dangerous locations on inland waterways currently under management and operation (hereinafter referred to as dangerous locations on inland waterways)..

 PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to agencies, organizations, and individuals related to the identification and handling of dangerous locations on inland waterways.

Article 2. Applicability

Article 1. Dangerous location on inland waterways is a point with potential for inland waterway traffic accidents or a black spot for inland waterway traffic accidents.

Article 3. Explanation of Terms

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

Article 2. Potential accident point on inland waterways (hereinafter referred to as potential accident point) is a position; a section of channel or intersection area where there is a risk of traffic accidents occurring.

Article 3. Black spot on inland waterways (hereinafter referred to as black spot) is a potential accident point where traffic accidents have occurred.

Article 4. Regional inland waterway management agency is the agency assigned to perform specialized management tasks for inland waterway traffic (Inland Waterway Branch, Inland Waterway Port Office, Department of Transport or subordinate units of the Department of Transport).

CRITERIA AND RECORDS FOR IDENTIFYING DANGEROUS LOCATIONS ON INLAND WATERWAYS

Chapter II
CRITERIA AND DOCUMENTS FOR DETERMINING DANGEROUS LOCATIONS
ON WATERWAYS

Article 4. Criteria for identifying potential accident points

A potential accident point is identified if it falls under any of the following circumstances:

Point 1. One of the actual channel dimensions is smaller than the minimum value of the corresponding technical grade (depth, width, radius of curvature) at underwater reefs, shoals, shallow sections, and obstructions.

Point 2. One of the dimensions: bridge opening, clearance height, depth at bridge and other river structures is smaller than the lowest value of the corresponding technical grade.

Point 3. Oblique current flow relative to bridge piers, ship passage openings.

Point 4. Strong currents, whirlpools, limited visibility.

Point 5. Intersection areas between inland waterway routes or maritime channels, port waters with limited visibility.

Article 5. Criteria for identifying black spots

A black spot is identified when traffic accidents occur within one year (from December 16 of the previous year to December 15 of the following year) at a potential accident point, falling under any of the following circumstances:

Point 1. Occurrence of one traffic accident resulting in death.

Point 2. Occurrence of two or more traffic accidents.

Point 3. Simultaneous presence of two or more criteria of potential accident points and occurrence of one or more traffic accidents.

Article 6. File for dangerous locations on inland waterways

1. For construction works

a) As-built drawings of the works (if available);

b) File for monitoring channels, obstructions, and activities of vessels in the area;

c) Diagrams showing the current status of the area, including the works on the channel, other characteristics of the channel (channel width, flow velocity, direction of current, and other factors...);

d) Technical parameters: dimensions of navigable spaces, berthing areas, clearance heights, depth of underwater structures;

đ) Traffic accident files provided by the police agency (for black spots);

e) Photographs of the area, on-site camera data;

f) Other documents (if available).

2. For natural conditions (shallow banks, shoals, submerged rocks, other obstructions)

a) File for monitoring channels, inland waterway vessels, and seagoing ships operating in the area;

b) Topographic diagrams showing the current status of the area, including signals, shallow banks, obstructions, other characteristics of the channel (channel width, radius of curvature, flow velocity, direction of current, and other factors...);

c) Traffic accident files provided by the police agency (for black spots);

d) Photographs of the area, on-site camera data;

đ) Other documents (if applicable);

Chapter III
PROCEDURE FOR HANDLING DANGEROUS LOCATIONS ON WATERWAYS

Article 7. Steps to handle dangerous locations on waterways

1. Handling dangerous locations on inland waterways includes six steps as follows:

a) Step 1: Preliminary identification and statistics of dangerous locations according to the model prescribed in Appendix 1 of this Circular;

b) Step 2: On-site investigation and collection of relevant files and documents;

c) Step 3: Analysis, evaluation, and determination of causes;

d) Step 4: Prioritization ranking for handling (according to the model prescribed in Appendix 2 issued with this Circular) and selection of remedial measures;

đ) Step 5: Handling dangerous locations;

e) Step 6: Monitoring and evaluating results.

2. The contents of the steps to handle dangerous locations on waterways are stipulated in Articles 8, 9, 10, 11, 12, and 13 of this Circular.

Article 8. Preliminary Identification and Statistics of Dangerous Locations

1. Analyze potential traffic accident factors, and statistically record the number of traffic accidents at dangerous locations on waterways as prescribed in Articles 4 and 5 of this Circular.

2. Establish a file for dangerous locations on waterways as prescribed in Article 6 of this Circular.

3. Based on potential traffic accident factors, the number of traffic accidents within 12 months, and the severity regarding the number of deaths, injuries, and value of damaged property, preliminarily rank the priority for handling and report to the competent authority.

Article 9. On-Site Investigation and Collection of Relevant Files and Documents

After identifying and preliminarily ranking the priority for handling dangerous locations on inland waterways, conduct an on-site investigation to:

1. Compare and supplement characteristics at the site: signaling systems, works, shallow banks, obstructions, other characteristics of the channel (visibility, radius of curvature, channel width, flow velocity and direction, other factors...) and the current status of the channel protection zone and outside the channel protection zone.

2. Sketch diagrams, take photographs of the site.

3. Determine the volume, type of inland waterway vessels, seagoing ships, and traffic conditions.

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

5. Investigate and evaluate generally the level of awareness and compliance with inland waterway traffic laws among vessel operators.

Article 10. Analysis, evaluation, and preliminary determination of causes

Based on the results of surveys and field records collected, proceed to construct a ground plan diagram (for accidents or current status areas) at a reasonable scale to reflect the main characteristics of the traffic flow: intersection areas, signaling, structures, shoals, obstacles, technical levels, other features, natural and social conditions on both sides of the traffic flow (bank roads, dikes, architectural structures, residential areas, docks), and diagrams of accidents. Conduct analysis at each position to preliminarily determine the cause.

Article 11. Prioritization and selection of remedial measures

Based on the causes determined in Article 10 of this Circular, proceed with:

1. Prioritizing the handling of dangerous positions.

2. Proposing remedial measures according to the principle

a) Minimizing or eliminating the causes of traffic accidents;

b) Not generating new causes of traffic accidents;

c) Not adversely affecting traffic assurance and the surrounding environment.

Article 12. Handling Dangerous Positions on Inland Waterways

1. Design documents and remediation plans for dangerous positions on inland waterways shall be established in accordance with regulations.

2. Construction and remediation of dangerous positions on inland waterways must comply with approved plans and designs and relevant laws to ensure safety during construction and operation.

3. Funding for the remediation of dangerous positions on inland waterways is allocated from central and local government budgets and other lawful sources as prescribed.

Article 13. Monitoring and Evaluating Remediation Results

The monitoring and evaluation of remediation results for dangerous positions on inland waterways are carried out by the inland waterway management agency in the region and reported to the competent authority as prescribed. For dedicated channels, these tasks are performed by organizations or individuals responsible for such channels.

Chapter IV
RESPONSIBILITY FOR HANDLING DANGEROUS POSITIONS
ON INLAND WATERWAYS

Article 14. For National Inland Waterways

1. The inland waterway management agency in the region shall take the lead in implementing the provisions of Articles 8, 9, 10, 11, and 13 of this Circular and immediately address cases where the cause of traffic accidents relates to the channel.

2. The Vietnam Inland Waterway Administration shall develop periodic and long-term plans for approval by the Ministry of Transport and implement the handling of dangerous positions on inland waterways.

3. For black spots on inland waterways that have construction projects for improvement and upgrading, the inland waterway management agency in the region shall hand over black spot files to the project sponsor for handling within the project. If the project has not yet commenced, the inland waterway management agency in the region shall report to the competent authority to implement temporary measures to ensure traffic safety.

Article 15. For Local Inland Waterways

1. The Department of Transport shall take the lead in implementing the provisions of Articles 8, 9, 10, 11, and 13 of this Circular and immediately address cases where the cause of traffic accidents relates to the channel.

2. The Department of Transport shall develop periodic and long-term plans for approval by the provincial People's Committee and implement the handling of dangerous positions on inland waterways.

3. For black spots on inland waterways that have construction projects for improvement and upgrading, the inland waterway management agency in the region shall hand over black spot files to the project sponsor for handling within the project. If the project has not yet commenced, the Department of Transport or its subordinate units shall report to the competent authority to implement temporary measures to ensure traffic safety.

Article 16. Regarding dedicated channels

1. Organizations and individuals with dedicated channels shall implement the provisions set forth in Articles 8, 9, 10, 11, and 13 of this Circular.

2. Annually, central and local inland waterway management agencies shall conduct inspections and evaluations of the results of handling dangerous locations on dedicated channels.

Chapter V
IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Circular takes effect from February 15, 2018.

Article 18. Implementation Organization

The Head of the Ministry’s Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Highway Administration, the Directors of the Vietnam Inland Waterways Administration, the Vietnam Maritime Administration, the Vietnam Railways Administration, the Directors of Provincial and Central City Department of Transport, the Heads of relevant agencies, organizations, and individuals shall be responsible for implementing this Circular./.