Circular 31/2019/TT-BGTVT the speed and safety distance of motor vehicles

CIRCULAR

Providing the speed and safety distance of motor vehicles and special-use vehicles when joining road traffic^[1]

Pursuant to Law No. 23/2008/QH12 on Road Traffic;

Pursuant to the Government’s Decree No. 12/2017/ND-CP of February 10, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Transport Infrastructure and the Director General of the Directorate for Roads of Vietnam;

The Minister of Transport promulgates the Circular providing the speed and safety distance of motor vehicles and special-use vehicles when participating in road traffic.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the speed and safety distance of motor vehicles and special-use vehicles when joining road traffic, except on-duty emergency vehicles as prescribed by law.

Article 2. Subjects of application

This Circular applies to drivers, operators of special-use vehicles, and agencies, organizations and individuals involved in the management and implementation of regulations on the speed and safety distance of motor vehicles and special-use vehicles when joining road traffic.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Roads in populated residential areas means road sections running through the inner areas of cities, towns or townships (below collectively referred to as inner urban areas) and road sections with many people living alongside and activities conducted affecting traffic safety; and shall be determined by signs indicating roads running through populated residential areas. 

2. Motor vehicles mean automobiles; tractors; trailers or semi-trailers towed by automobiles or tractors; two-wheeled motorcycles; three-wheeled motorcycles; mopeds (including also electric bicycles), and the like.

3. Special-use automobiles mean automobiles with structures and equipment for performing a special function, including: road sweepers, watering trucks; sewage suction trucks, garbage pressing trucks; plaster mixer trucks; concrete mixer trucks; concrete pump trucks; crane trucks; scale trucks; drilling trucks; traffic rescue vehicles; mobile television production vehicles, mobile television broadcast testing vehicles, bridge inspection and maintenance vehicles, underground cable inspection vehicles, X-ray vehicles, mobile surgery vehicles, and the like.

4. Special-use vehicles include construction vehicles, farm vehicles, forestry vehicles and other special vehicles used for national defense or security purposes which participate in road traffic.

5. Median strip means a part of a road other than the roadway used to separate the road surface into two sections for traffic in two opposite directions (major forms of median strips include: curb, concrete barrier, steel barrier, corrugated steel sheet guardrail, and central reservation).

6. Dual carriageway means a road with traffic flowing in two opposite directions separated by a median strip (roads with traffic flowing in two opposite directions separated by painted road markings are not dual carriageways).

7. One-way road means a road facilitating traffic flowing in only one direction.

8. Two-way road means a road with traffic flowing in two opposite directions on a roadway without being separated by a median strip.

9. Tonnage means the volume of goods permitted for carriage which is determined according to technical safety and environmental protection inspection certificates of road motor vehicles.

Article 4. Principles of observance of regulations on the speed and safety distance when operating vehicles on roads

1. When joining road traffic, vehicle operators shall strictly abide by regulations on the speed and minimum safety distance between two vehicles (motor vehicles and special-use vehicles) shown in road signs.

2. At road sections without speed limit signs and signs indicating the minimum safety distance between two vehicles, operators of vehicles participating in road traffic shall comply with Articles 5, 6, 7, 8, 9 and 11 of this Circular.

3. Operators of vehicles joining road traffic shall operate their vehicles at a speed suitable to the conditions of bridges, roads, traffic density, terrains, weather and other factors so as to ensure traffic safety.

Article 5. Cases requiring reduction of speed 

Operators of vehicles joining road traffic shall reduce speed so as to be able to safely stop their vehicles in the following cases:

1. Moving on road sections with danger warning signs or obstacles on the road;

2. Changing direction or having limited visibility;

3. Moving at level crossings of roads; level crossings between roads and railways; roundabouts; crooked or sloping road sections; and road sections with narrow or rough surface;

4. Moving across bridges or narrow sluices; spillways, tunnels, underpasses; reaching hilltops or going downhill;

5. Moving through areas where exist schools, hospitals, car terminals, and public works where a large number of people gather; populated residential areas, road sections with roadside factories and working offices; road sections under construction; or traffic accident scenes;

6. Encountering pedestrians or disabled wheelchairs crossing the road.

7. Encountering animals running on the road or grazing on the roadside.

8. Avoiding vehicles running in the opposite direction or giving way for vehicles behind to overtake; or receiving way-giving or emergency signals of vehicles in front;

9. Approaching bus terminals or bus stops where passengers are getting on or off;

10. Encountering on-duty emergency vehicles; extreme long vehicles, extreme heavy vehicles, vehicles carrying hazardous goods, or pedestrian possessions;

11. Driving in the rain; fog, smoke or dust; moving on road sections with a slippery or slushy surface or with earth, stone or other materials scattered over the road surface;

 12. Operating vehicles passing through weigh stations, traffic police stations or road toll plazas.

Chapter II

PROVISIONS ON THE SPEED AND SAFETY DISTANCE APPLICABLE TO MOTOR VEHICLES AND SPECIAL-USE VEHICLES JOINING ROAD TRAFFIC

Article 6. Maximum allowable speeds of motor vehicles joining traffic in crowded residential areas (except on expressways)

Article 7. Maximum allowable speeds of motor vehicles joining traffic outside crowded residential areas (except on expressways) 

Article 8. Maximum allowable speeds of special-use vehicles, mopeds (including also electric bicycles) and the like joining road traffic (except on expressways)

The maximum speed of special-use vehicles, mopeds (including also electric bicycles) and the like joining traffic is 40 km/h.

Article 9. Speed of motor vehicles and special-use vehicles on expressways

1. The maximum allowable speed on expressways is 120 km/h.

2. When joining traffic on expressways, drivers and operators of special-use vehicles shall comply with rules on maximum and minimum speeds stated in road signs and lane markings.

Article 10. Placement of speed limit signs      

1. The placement of speed limit signs must comply with the law on road signals and shall be based on actual conditions of the concerned road sections or routes regarding road infrastructure, flow, type of vehicles, and time of day.

For investment projects on building or upgrading and renovation of road works, it is required to install sufficient speed limit signs before road works are put into use. For road sections or routes currently in use, road management agencies in charge of these sections or routes shall proactively and timely install road signs according to regulations.

2. The speed stated in speed limit signs placed on expressway feeders must not be lower than 50 km/h.

3. The competent agencies prescribed in Clause 4 of this Article shall decide to place indication signs in the following cases:

a/ To place separate speed limit signs for each direction of dual carriageways;

b/ To place speed limit signs for a time period of day (auxiliary signs or electronic signs);

c/ To place separate speed limit signs for vehicles with high risks of traffic accident;

d/ To place speed limit signs indicating a speed of more than 60 km/h (for road sections in crowded residential areas), or 90 km/h for routes with a designed speed higher than the maximum speed prescribed in Article 6 or 7 of this Circular (for road sections outside crowded residential areas), but must ensure traffic safety.

4. Agencies competent to place indication signs in the cases prescribed in Clause 3 of this Article include:

a/ The Ministry of Transport, for expressways;

b/ The Directorate for Roads of Vietnam, for national highways and other roads under the management of the Ministry of Transport (excluding expressways);

c/ Provincial-level People’s Committees, for provincial roads, district roads, commune roads, urban roads and special-use roads under their management.

Article 11. Safety distances between two vehicles when joining road traffic

1. When participating in road traffic, drivers and operators of special-use vehicles shall keep a safety distance with the vehicle in front; and when moving on road sections with signs indicating “minimum safety between two vehicles”, they shall keep a distance not shorter than the distance stated on such signs.

2. The safety distances between two vehicles participating in road traffic

a/ When driving on road sections with a dry surface, the safety distance corresponding to each speed is prescribed as follows:

When operating vehicles at a speed lower than 60 km/h, drivers shall proactively keep a suitable safety distance from the vehicle in front, depending on the density of vehicles and actual traffic conditions so as to ensure traffic safety.

b/ When driving in the rain or fog, moving on road sections with a slippery surface, crooked or sloping road sections, or driving with a limited visibility, drivers shall keep a suitable safety distance longer than the distance stated in indication signs or prescribed at Point a of this Clause.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 12. Effect

This Circular takes effect on October 15, 2019, and replaces the Minister of Transport’s Circular No. 91/2015/TT-BGTVT of December 31, 2015, providing the speed and safety distance of motor vehicles and special-use vehicles when participating in road traffic.

Article 13. Organization of implementation

The Chief of the Office, the Chief of the Inspectorate, directors of departments, , and Director General of the Directorate for Roads of Vietnam of the Ministry of Transport, directors of provincial-level Transport Departments, heads of related agencies, and related organizations and individuals shall implement this Circular.-

For the Minister of Transport
Deputy Minister
LE DINH THO