Circular No. 50-TT/PC guiding the implementation of Government Decree No. 39/CP on ensuring railway traffic safety and order

CIRCULAR

Guidelines for Implementing Decree No. 39/CP of the Government on Ensuring Traffic Safety and Order on Railways

Based on Decree No. 22/CP dated March 22, 1994 of the Government stipulating the tasks, powers, responsibilities for State management and organizational structure of the Ministry of Transport;

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To implement Decree No. 39/CP of the Government uniformly throughout the country, the Ministry of Transport provides guidance on certain points as follows:

1. The dedicated railway lines referred to in Clause 3, Article 1 (referred to as Dedicated Railway Lines - DRL) are sections of railway with the same gauge connected to the national railway network to carry out operations related to cargo transportation, loading and unloading, and other commercial transactions; bringing locomotives, wagons into repair factories.

1.1. Depending on the construction capital, management, and production and business exploitation of dedicated railway lines, they are divided into two types:

Dedicated railway lines belonging to the assets of factories, enterprises, or shippers managed and operated by the factories, enterprises, or shippers themselves.

Dedicated railway lines belonging to the assets of the railway sector managed and operated by the Vietnam Railway Union (VRU).

Dedicated railway lines serving internal transportation within factories, enterprises, or shippers shall be regulated by those entities regarding management and operation.

1.2. Construction of dedicated railway lines must be approved by the Ministry of Transport.

Structures, bridge and road facilities, and other technical works of dedicated railway lines must comply with the Technical Regulations for Exploitation of Vietnamese Railways (TREVR).

1.3. Organization of exploitation of dedicated railway lines must follow the "Regulations on Organizing Branch Line Operations" issued together with Decision No. 1856 DS/PC dated November 9, 1979 of the General Department of Railways.

1.4. The scope of safety assurance for dedicated railway works of factories, enterprises, or shippers, or of the railway sector from the point where the rail connects to the national railway network to the boundary point of the factory, enterprise, shipper, or railway sector must comply with Articles 16, 17, 18, 19, 20, 21, 23, and 25 of Decree No. 39/CP.

The entity managing and operating dedicated railway lines is responsible for ensuring the safety of the works and managing the scope of safety assurance for railway traffic works.

Setting up markers defining the scope of safety assurance for railway traffic works shall be carried out according to Decision No. 2977 QD/PC dated November 6, 1996 of the Ministry of Transport on issuing regulations on railway boundary markers.

Establishing level crossings on dedicated railway lines must comply with Decision No. 575 QD/PC dated February 24, 1977 of the Ministry of Transport on issuing the Regulations on Level Crossings.

Any violation of traffic safety and order on railways (TSATGDS) on dedicated railway sections from the point where the rail connects to the national railway network to the boundary point of the factory, enterprise, or shipper will be handled according to Chapter 6 of Decree No. 39/CP.

2. Other auxiliary works mentioned in Clause 1, Article 2 include: water supply stations, fuel supply stations, cranes, staff guard houses, tunnel guards, bridge guards, weak point guards; power poles, protective walls around railway stations, factories, and enterprises, railway traffic works, signs, markers, signal boards.

3. The limit gauge adjacent to railway architecture mentioned in Clause 7, Article 2, Clause 3, Article 36 shall be implemented according to the provisions in Appendices I, II, III of TREVR.

4. Standards, procedures, regulations, and economic and technical norms of the railway sector; conditions and standards of design, new construction, repair, inspection of railway transport equipment and means mentioned in Clause 1, Clause 2, Article 7 shall be implemented according to regulations in documents issued by the Ministry of Transport, General Department of Railways that do not conflict with Decree No. 39/CP and remain valid (according to the list of valid documents of the Vietnam Railway Union).

The vocational training institute of the railway sector mentioned in Clause 3, Article 7 teaches according to the curriculum of the Ministry of Transport and is authorized by the Ministry to issue graduation certificates and professional certificates for each position according to Document No. 1007 TCCB-LD dated November 11, 1996 of the VRU on issuing vocational qualification certificates.

Units using locomotive drivers recognize their positions and issue driving licenses according to the classification specified in Item III of Document No. 456/TCCB-LD dated May 9, 1989 of the General Department of Railways.

The bottom of the longitudinal ditch or the top of the ditch mentioned in Article 17 refers to the outer edge of the ditch (refer to Figures 1 and 2 in Appendix 1).

7. The scope of safety assurance for railways mentioned in Clause 2, Article 19 is understood as follows:

Within the length of the bridge measured from the end of the abutment on one side to the end of the abutment on the other side, extending outward from the outermost part of the bridge structure on each side according to the regulation is 20 meters, 50 meters, 100 meters, or 150 meters depending on the size of the bridge.

Within the length from the end of the abutment on each side to the signal post or from the end of the abutment on each side to 50 meters without a signal post is a special section, the scope may be narrowed depending on the terrain and the degree of safety assurance for railway works at the location to decide. However, in all cases, each side should not be less than 20 meters from the extension of the outermost part of the bridge structure on each side; while still complying with Articles 17 and 29.

8. The entity managing railway traffic works mentioned in Article 25 includes units under the infrastructure management sector of the railway.

9. The authority to grant permits for construction and repair of railway traffic works is defined as follows:

9.1. The head of the Vietnam Railway grants permits for construction and must block off the area.

9.2. The head of the regional railway grants permits for construction of projects in the annual repair plan; urgent repairs needed.

9.3 The director of the enterprise managing railway traffic works grants permits for regular maintenance and repair of bridges, tunnels, and signaling systems (following approved plans); decides on emergency closures to ensure train safety when there are obstructions.

9.3 The Director of the railway traffic works management enterprise shall grant permission for regular maintenance and upkeep construction on railway sections, tunnels, and signaling information (in accordance with approved plans); decide on emergency closure to ensure train safety in case of obstacles.

10. The professional and vocational examination of railway employees involved in train operations as stipulated in Clause 1, Article 34 shall be conducted in accordance with the provisions of the Railway Technical Regulations (QPKTKTĐSVN).

11. The competent authority approving and issuing the train operation schedule as provided for in Article 39 is the Head of Vietnam Railways (as per Decision No. 2207/QĐ-PC dated August 20, 1996 of the Ministry of Transport).

12. The prescribed load capacity of wagons mentioned in Clause 2, Article 42 is the load capacity marked on the side of the wagon.

At private branch lines not equipped with weighbridges, the consignor shall self-load goods and seal the covered wagon (G wagon) and hand it over intact to the railway if it exceeds the prescribed load capacity of the wagon; in such cases, the fault lies with the consignor.

13. Persons permitted to board freight trains and ride at the locomotive end as stipulated in Clause 3 and Clause 4, Article 42 are specified in Directive No. 1131/CT-VC dated December 17, 1996 of the Vietnam Railway Association (LHĐSVN).

14. The speed limits set forth in Article 43 and points a, b, c of Clause 2, Article 57 shall be implemented according to:

Speed orders;

Train dispatch orders;

Warnings to trains running on the track;

Speed signs;

Fixed and mobile signals.

15. The positions specified in Article 43 and point b of Clause 3, Article 57 shall be implemented according to:

Train dispatch orders;

Stop train warnings;

Fixed and mobile stop train (halt) signals;

Collision avoidance markers.

The act of allowing a train or locomotive to pass the "stop again" sign, marked with the letter "Đ" as stipulated in Article 65 of the Signal Regulations of 1976 of the Railway Administration currently placed on platforms and stations without exceeding the stop signal or collision avoidance marker is not considered a violation.

16. The time limit for concentrated or stationary train operations occupying level crossings as stipulated in Clause 2, Article 44 applies to level crossings within the section; whereas, for level crossings inside stations and shared crossings dependent on railway operational procedures, the time limit will be determined based on operational time, disassembly, assembly, personnel and vehicle traffic density, and specific lengths of shared crossings and level crossings, delegated by the Ministry of Transport to the Head of Vietnam Railways.

17. Wheeled vehicles, oversized and overweight cargo vehicles when passing through shared crossings must comply with the provisions of Circular No. 239/TT-PC dated September 30, 1995 of the Ministry of Transport.

18. The visibility of traffic controllers crossing level crossings as stipulated in Clause 2, Article 49 shall be carried out according to Decision No. 575/QĐ dated February 24, 1977 of the Ministry of Transport promulgating the Level Crossing Regulations.

The visibility of traffic signals for rail traffic controllers as stipulated in point e of Clause 1, Article 53; point a of Clause 1, Article 54 shall be understood as follows:

The visibility of traffic signals for rail traffic controllers is the distance from their position where they can clearly see continuous signals approaching them under normal weather conditions. The distances for various types of signals used on railways are specified in the Railway Technical Regulations (QPKTKTĐSVN).

19. Materials and equipment serving construction and repair works of railway transportation infrastructure as stipulated in point b of Clause 2, Article 54 may be stockpiled during construction and must be immediately cleared upon completion of the work in accordance with regulations. The stockpiling of materials, machinery, and equipment must comply with the provisions of the Railway Technical Regulations (QPKTKTĐSVN).

The regulation for leading livestock across railway tracks as stipulated in point c of Clause 2, Article 54 shall be as follows:

Livestock crossing level crossings must be accompanied by a herder;

Large groups of livestock or carts when crossing level crossings must be divided into smaller groups in accordance with current road traffic regulations.

20. The act of allowing people to cling to locomotives, sides of wagons, coupling areas between two wagons, or tops of wagons, or jumping on and off moving trains as stipulated in Article 56, if due to objective reasons that cannot be detected or in cases of force majeure such as nighttime, fog, rain, or wind, or when discovered but could not be prevented despite coordination with all available forces at the scene, or when the incident occurs suddenly, shall not be considered the fault of railway staff.

21. The regulation for drivers of motorized vehicles and wheeled vehicles operating within the safety zone of railway transportation infrastructure or pulling heavy loads across railway tracks as stipulated in point a of Clause 1, Article 58 shall be implemented according to Article 37 of the Level Crossing Regulations issued together with Decision No. 575/QĐ dated February 24, 1977 of the Ministry of Transport.

22. Implementation organization:

It is requested that the People's Committees of provinces and centrally-administered cities widely disseminate this Circular to the public and guide, inspect, and enforce its provisions strictly;

The Director of the Department of Roads, the General Director of the Vietnam Railway Corporation, and the Directors of provincial Departments of Transport and Public Works shall direct the implementation of this Circular effectively.

This Circular takes effect from the date of signature.