Thông tư 78/2015/TT-BGTVT

CIRCULAR

ON ESTABLISHMENT, ISSUANCE AND PUBLICATION OF MAXIMUM LOAD ORDER, MAXIMUM SPEED ORDER AND TIMETABLE APPLIED TO TRAINS RUNNING ON NATIONAL RAILWAYS

Pursuant to the Law on Railway Transport dated June 14, 2005;

Pursuant to the Government’s Decree No. 14/2015/ND-CP dated February 13, 2015 elaborating and providing guidelines for certain articles of the Law on Railway Transport;

Pursuant to the Government’s Decree No. 107/2012/ND-CP dated December 20, 2012 defining functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of Director General of Department of Transport and Director General of Vietnam Railway Authority,

The Minister of Transport hereby promulgates a Circular on establishment, issuance and publication of maximum load order, maximum speed order and timetable applied to trains running on national railways.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for establishment, issuance and publication of maximum load order, maximum speed order and timetable applied to trains running on national railways.

Article 2. Regulated entities

This Circular applies to organizations and individuals related to establishment, issuance and publication of maximum load order, maximum speed order and timetable applied to trains running on national railways.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “capacity of the railway infrastructure” means the throughput of the infrastructure, which is determined by the axial load, uniformly distributed load and maximum speed (Vmax) of a train on a railway line; throughput of the railway station and railway signaling system.

2. “timetable” provides a basis for train operation and is established on an annual, periodic and seasonal basis for each line, section and the entire railway network. The timetable shows the number of trains, use of locomotives, coaches, professional station and time over which a train runs through blocks per 24 hours on a section and railway line.

3. “professional technical procedures” mean the procedures that are followed to ensure safe operation of the train, and service quality.

4. “cruise train schedule time” means the time over which a train runs from the first railway station to the terminus, including the time over which such train runs on rail and stops to shunt and overtake, professional technical procedures are followed and passengers and goods are handled.

5. “axial load” means the permissible maximum load per axle of railway vehicles and is applied to each bridge, segment, block, section or railway line. The unit is tonne/axle.

6. “uniformly distributed load” means the permissible maximum load according to the length of railway vehicles and is applied to each segment, block, section or railway line. The unit is tonne/meter.

Chapter II

ESTABLISHMENT, ADJUSTMENT, ISSUANCE AND PUBLICATION OF MAXIMUM LOAD ORDER AND MAXIMUM SPEED ORDER

Article 4. Requirements for establishment and adjustment of maximum load order and maximum speed order

1. Railway work safety and rail transport safety shall be ensured.

2. Permissible maximum train speed, axial load and uniformly distributed load shall be ensured during publishing period and conformable to the capacity of the railway infrastructure.

3. The number of speed variations shall be limited within a block.

4. Each speed range applied to each line must be at least 800 meters in length (except for fixed slow-running points).

5. Axial load and uniformly distributed load shall be applied to each type of locomotive, coach and train within a section in a uniform manner.

Article 5. Basic contents of a maximum load order

1. Axial load.

2. Uniformly distributed load.

3. Block having the greatest slope in each section.

4. Articulated or single locomotives allowed to run on each bridge, segment, block, section and railway line.

5. Other bridge, road, locomotive, coach and train-related information in service of application of the maximum load order.

Article 6. Basic contents of a maximum speed order

1. Train speed table

a) Permissible maximum train speed determined from one chainage to another chainage on railway lines;

b) Speed change points, specifying chainage and speed change locations;

c) Slow running points, slow speed, chainage, distance at which a train must run slowly, reasons for slow speed, name by location (if any).

2. Other bridge, road, locomotive, coach and train-related information in service of application of the maximum speed order.

Article 7. Procedures for establishment, issuance and publication of maximum load order and maximum speed order

1. Establish a maximum speed order or maximum load order.

a) The railway infrastructure enterprise shall, according to capacity of the railway infrastructure, specification for locomotives and coaches used on each line and entire national railway network, prepare drafts of the maximum load order and maximum speed order;

b) At least 30 days before the expected date of publication, the drafts of the maximum load order and maximum speed order must be sent to the Vietnam Railway Authority;

c) Within 20 days from the date on which the drafts of the maximum load order and maximum speed order are received, the Vietnam Railway Authority shall send a written response to the railway infrastructure enterprise;

d) The railway infrastructure enterprise shall consider and receive opinions and complete the maximum load order and maximum speed order.

2. Issue the maximum speed order and maximum load order.

a) After issuance, the maximum speed order and maximum load order must be submitted to the Vietnam Railway Authority for supervision and to rail transport enterprises and urban railway enterprises (for the lines shared by national railways and urban railways) for application;

b) The maximum speed order and maximum load order must be issued at least 10 days before the expected date of application.

3. Publish the maximum speed order and maximum load order.

After issuance, the railway infrastructure enterprise shall publish the maximum load order and maximum speed order in appropriate forms and on its website.

Article 8. Procedures for adjustment of maximum load order and maximum speed order

1. Upon change to the capacity of the railway infrastructure or rail transport enterprise’s or urban railway enterprise’s written request for adjustments of the inappropriate contents specified in the maximum load order and maximum speed order, the railway infrastructure enterprise shall consider adjusting the maximum load order and maximum speed order.

2. The maximum load order and maximum speed order shall be adjusted according to Article 4 of this Circular.

3. The adjusted maximum load order and maximum speed order shall be issued and published according to Clauses 2 and 3, Article 7 of this Circular.

Chapter III

ESTABLISHMENT, ADJUSTMENT, ISSUANCE AND PUBLICATION OF TIMETABLE

Article 9. Train types and order of priority of train types

Types of train and order of priority of trains running on national railways are specified in the national technical regulations on railway operations.

Article 10. Train number

Train number and rules for numbering trains running on national railways are specified in the national technical regulations on railway operations.

Article 11. Basic contents of a timetable

1. Total passenger trains and goods trains (including both official and standby trains), composition of train, length of train, types of traction motor used in trains running sections and railway lines per 24 hours.

2. Halt and time for carrying out professional procedures such as goods wagon uncoupling or coupling, passenger boarding, train overtaking, and professional technical procedures carried out in locomotive and coach.

3. Departure and arrival time, time over which trains run through stations or run through each block.

4. Other necessary regulations concerning train assembly, assurance of train operation safety and train's adherence to timetable, instructions and application of timetable.

Article 12. Requirements for establishment and adjustment of timetable

Upon establishment or adjustment of timetable, requirements specified in the national technical regulations on railway operations must be satisfied.

Article 13. Procedures for establishment, issuance and publication of timetable

1. Establish a timetable.

a) At least 80 days before the expected date of publication, the railway infrastructure enterprise shall send a written response to timetable establishment to rail transport enterprises and urban railway enterprises (for the lines shared by national railways and urban railways);

a) Within 20 days since receipt the written response specified in Point a of this Clause, rail transport enterprises and urban railway enterprises must submit a written request for transport and operation of trains on railway lines to the railway infrastructure enterprise;

a) The railway infrastructure enterprise shall, according to the capacity of the railway infrastructure, capacity of locomotives, coaches and written request submitted by rail transport enterprises and urban railway enterprises to prepare a draft timetable and send it to the rail transport enterprises, urban railway enterprises, Vietnam Railway Authority and relevant organizations to contribute opinions at least 40 days before the expected date of publication;

dd) Within 20 days from the day on which the draft timetable is received, rail transport enterprises, urban railway enterprises, Vietnam Railway Authority and relevant authorities shall send written opinions on the draft timetable to the railway infrastructure enterprise;

e) According to opinions of the Vietnam Railway Authority, rail transport enterprises, urban railway enterprises and relevant organizations, the railway infrastructure enterprise shall: receive, consider such opinions and complete the draft timetable; send a written response to its capacity to meet the demands for transport and train operation to rail transport enterprises and urban railway enterprises; invite rail transport enterprises to provide transport services on the railway lines having excess capacity for train operation.

2. Issue the timetable

a) The railway infrastructure enterprise shall issue the timetable and send it to all rail transport enterprises, urban railway enterprises (for the lines shared by national railways and urban railways) and relevant organizations for application and to the Vietnam Railway Authority for supervision of application of timetable;

b) The timetable must be issued as prescribed in Article 158 of QCVN 08:2011/BGTVT National technical regulations on railway operations. The timetable applied to the goods trains must be issued at least 10 days before the expected date of application and specify all contents as prescribed in Article 11 of this Circular.

3. Publish the timetable

a) The railway infrastructure enterprise shall publish the timetable on mass media, its website and at railway stations;

b) The contents published on mass media and railway  infrastructure enterprise’s website include: the number of trains, train types, composition of the trains running on railway lines; departure station and terminal station; time over which cruise train runs; halt and time for uncoupling and coupling goods wagons;

c) Contents published at railway stations include:

Contents specified in Point b of this Clause and departure and arrival time; other necessary regulations concerning train assembly, assurance of train operation safety and train's adherence to timetable, instructions and application of timetable.

4. After issuance and publication of the timetable, if there are still rail transport enterprises’ or urban railway enterprises’(for the lines shared by national railways and urban railways) different opinions on the right to operate trains and issues concerning railway safety assurance, the railway infrastructure enterprise shall take charge of the negotiation to reach an agreement. The negotiation shall be supervised by the Vietnam Railway Authority. In case of failure to reach an agreement, the Vietnam Railway Authority shall take charge of the negotiation.

5. In the event that 02 rail transport enterprises or more register the same train route, the railway infrastructure enterprise shall organize a bid, the rail transport enterprise that pays the highest fees for use of infrastructure shall have the timetable distributed at its request.  

6. The railway infrastructure enterprise shall provide relevant data that serve as the basis for timetableestablishment, such as maximum speed order, maximum load order, weight of train, maximum traction power order; time over which professional technical procedures are carried out and passengers and goods are handled at stations, demand for transport and train operation by rail transport enterprises and urban railway enterprises (for the lines shared by national railways and urban railways), for the Vietnam Railway Authority for supervision according to Clause 3, Article 77 of the Law on Railway Transport.

Article 14. Adjusting timetable and operating additional trains on railways

1. In case the adjustment is related to the shortening of train route versus the published route, the railway infrastructure enterprise shall make the adjustment and submit a written explanation therefor and adjusted timetable to the Vietnam Railway Authority before issuance and publication.

2. In case of natural disasters, accidents or obstacles on railways or operation of additional special trains, which require immediate adjustment to the train route, the railway infrastructure enterprise shall, on its own initiative, make the adjustment but ensure quick recovery of train operation according to the published timetable.

3. In case the adjustment of timetable is not specified in Clauses 1 and 2 of this Article (partial adjustment of train route), the railway infrastructure enterprise shall make the adjustment, issue, publish and submit the adjusted timetable to the Vietnam Railway Authority at least 05 days before the expected date of application of the adjusted timetable.

4. The timetable adjustment specified in Clauses 1, 2 and 3 of this Article shall be made as prescribed in Article 12 of this Circular.

5. The issuance and publication of the adjusted timetable specified in Clauses 1 and 3 of this Article shall compliant with Clauses 2 and 3, Article 13 of this Circular.

Chapter IV

SUPERVISION OF ESTABLISHMENT, ADJUSTMENT, ISSUANCE AND PUBLICATION OF MAXIMUM LOAD ORDER, MAXIMUM SPEED ORDER AND TIMETABLE, AND RESPONSIBILITY OF RELEVANT ORGANIZATIONS AND UNITS

Article 15. Responsibilities of the Vietnam Railway Authority

1. Supervise the conformity of the maximum load order, maximum speed order and timetable with the capacity of the railway infrastructure, specification for locomotives and coaches used on each line and entire national railway network.

2. Supervise the establishment, adjustment, issuance and publication of maximum load order, maximum speed order and timetable as prescribed in this Circular.

3. Supervise the execution of the issued or adjusted maximum load order and maximum speed order.

4. Supervise the train operation dispatched and commanded according to the issued or adjusted timetable.

5. Carry out inspection, and instruct railway infrastructure enterprises, rail transport enterprises and urban railway enterprises (for the lines shared by national railways and urban railways) to implement this Circular. Upon discovering violations committed during the establishment, adjustment, issuance, publication and application of maximum load order, maximum speed order and timetable, railway infrastructure enterprises, rail transport enterprises and urban railway enterprises (for the lines shared by national railways and urban railways) shall take remedial actions against such violations.  In case of failure to take remedial actions against violations, thereby threatening train operation safety, cease train operation until remedial actions are completely taken.

Article 16. Responsibilities of the railway infrastructure enterprise

1. Ensure infrastructure stability.

2. Carry out inspection, and instruct relevant organizations and individuals under its management to comply with relevant regulations of this Circular; carry out inspection, and supervise rail transport enterprises and urban railway enterprises (for the lines shared by national railways and urban railways) complying with the issued and published maximum load order, maximum speed order and timetable.

3. On December 20, submit a report, including the following contents to the Vietnam Railway Authority:

a) Establishment, adjustment, issuance, publication of maximum load order, maximum speed order and timetable and application thereof during a year;

b) Plans and measures for application for the next year;

c) Difficulties that arise during the implementation of this Circular and suggestions for amendments.

Article 17. Responsibilities of rail transport enterprises and urban railway enterprises (for the lines shared by national railways and urban railways)

1. Carry out inspection, and instruct relevant organizations and individuals under their management to comply with relevant regulations of this Circular.

2. Operate trains according to the distributed route, and the issued or adjusted maximum load order, maximum speed order and timetable.

3. Provide sufficient and accurate information about transport demand and capacity of vehicles to serve the railway infrastructure enterprise and establishment, adjustment, issuance, publication and application of maximum load order, maximum speed order and timetable.

Chapter V

IMPLEMENTATION CLAUSE

Article 18. Effect

1. This Circular comes into force from February 01, 2016.

2. The Decision No. 69/2005/QD-BGTVT dated December 09, 2005 of the Minister of Transport on establishment and issuance of maximum load order, maximum speed order and timetable applied to trains running on national railways is null and void.

Article 19. Implementation

Chief of the Ministry Office, Chief of Ministry Inspectorate, General Directors, General Director of the Vietnam Railway Authority, heads of relevant organizations and individuals are responsible for the implementation of this Circular./.