Thông tư 38/2012/TT-BGTVT

CIRCULAR

PROVIDING ON MANAGEMENT AND EXPLOITATION OF COMMON BRIDGE

Pursuant to the Law on railway, of June 14, 2005;

Pursuant to the Law on Road traffic, of November 13, 2008;

Pursuant to the Government’s Decree No.109/2006/ND-CP of September 22, 2006 detailing and guiding implementation of a number of articles of Law on railway;

Pursuant to the Government’s Decree No.51/2008/ND-CP of April 22, 2008 providing functions, tasks, powers and organizational structure of the Ministry of Transport; 

At the proposal of Director of Traffic Infrastructure Department and Director of Vietnam Railway Department;

The Minister of Transport promulgates the Circular providing on management and exploitation of common bridge,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes on management, exploitation for bridges shared between national railways, specialized-use railways with roads.

Article 2. Subjects of application

This Circular applies to domestic and foreign organizations, individuals with operations relating to management, exploitation, maintain of common bridge and persons participating in traffic in the zone of common bridge.

Article 3. Common bridge and the zone of common bridge

1. Common bridge means a bridge with bridge floor being shared for both means of transport by railway and means of transport by road.

2. The zone of common bridge include entire infrastructure of bridge, space under bridge and management scope counted from inner edge of abutment (adjoin with beam anchorage) to each side:

a) For railway: To the signal pole to protect bridge (including the signal pole); or 10 meter (m) for place without the protection signal pole;

b) For road: To the barrier or guard frame-work to enter bridge (including barrier, guard frame-work); or 10 meter (m) for place without barrier or guard frame-work.

Article 4. The responsibilities and powers of unit managing infrastructure of railway

1. To take responsibility for management, exploitation and maintain works and equipments in are of common bridge as prescribed in clause 2, Article 3 of this Circular; to ensure that works items of bridge and equipment in the zone of common bridge can operate in accordance to technical requirements, safely and conveniently for human and means of transport of railway, roads through bridge.

2. To take responsibility for control traffic on the common bridge.

3. Within 03 months, after this Circular takes effect, unit managing infrastructure of railway shall formulate and promulgate a detailed rule on organizing management, exploitation of common bridge in order to ensure traffic safety through common bridge. 

4. When repairing roads, bridges or doing other jobs at the zone of common bridge relating to road traffic, it must be agreed by unit managing roads at level of road management area or higher for roads managed by Vietnam Road Administration, agreed by Transport services for assigned national highways and roads directly managed by local or agreed by owner for specialized-use roads.

5. To make the annual plan and budget estimates for management and maintain of common bridge to submit to competent authorities for approval.

Article 5. The responsibilities and powers of unit managing road

1. To coordinate with unit managing infrastructure of railway and relevant agencies in maintain, repair of road section in the zone of common bridge; to check road section, traffic situation on roads under plans or irregularly.

2. To have right to suggest unit managing infrastructure of railway to repair works items of bridge and equipment relating to road in the zone of common bridge to ensure safety and convenience of traffic on common bridge.

Chapter 2.

BRIDGE FLOOR AND ROAD PAVEMENT ENTERING COMMON BRIDGE; SYSTEM OF NOTICE SIGNBOARD, SIGNALS AND OTHER RELEVANT EQUIPMENT IN THE ZONE OF COMMON BRIDGE

Article 6. Bridge floor and road pavement entering common bridge

1. Bridge floor and road pavement entering common bridge must meet technical standards of road level and ensure uniformity on section of railway, road. The road pavement entering common bridge, junction with railway must be built according to technical standards of current level crossing.

2. On the common bridge, in railway-bed along main rail, it must lay check rail or form rail slits of other infrastructure; the rail slit must be wide between 75 millimeter (mm) and 90 millimeter (mm), with depth of at least 45 millimeter (mm); the check rail or structure of rail slit must be high equal main rail, the error not exceeding 5 millimeter (mm). 

Article 7. The notice signboards and signals on railway

1. On railway, in the zone of common bridge, it must arrange notice signboards and signals as follows:

a) Signals of protection color light;

b) Signboard of whistling

c) Signboards of permitted maximum speed.

2. For places where the protection signals not ensure a sight distance of 800 meter (m) continuously, it must arrange a signal to pre-notice for the protection color light.

Article 8. The notice signboards, signals and equipment on road

On road entering common bridge and the zone of common bridge, it must arrange the following notice signboards and equipment properly with regulation. 

1. Notice signboards of crossing between railway and road with barrier;

2. Prohibited signboards (depend on standards and technical level at the zone of common bridge);

3. Signboards of minimum distance between two vehicles;

4. Signboards of permitted maximum speed;

5. Other notice signboards, signals as prescribed;

6. Barrier or guard framework of road (if any).

Article 9. Guard station of common bridge

1. In each common bridge-head, it must have a guard station in order to control traffic; the guard station must ensure the following conditions:

a) Position and windows of the guard station must be arranged for the watchman of bridge upon sitting in guard station be able to see clearly people and means or obstacles on bridge; see clearly road section and railway sections entering bridge;

b) The guard station does not hide sight distance of persons controlling means of railway and road transport; the nearest part of the guard station must be distant the outermost rail and edge of road to outside with at least 3.5 meter (m); the floor of guard station must be high equal or higher than bridge  floor, with surrounding handrail; the area of guard station ensure be 4 square meter (m2) minimally.  

2. In each guard station of common bridge, minimally, it must have sufficient the following equipment and ensured to be ready for working:

a) Telephone to connect to two nearest railway-stations;

b) Lamp, electric bell, telephone to connect between two stations of bridge-head;

c) Equipment to control barrier or guard framework of road;

d) Equipment to control signals of road;

dd) Equipment to control signals of railway;

e) Table clock.

Chapter 3.

THE PRINCIPLE OF OPERATION AND DSPLAY OF NOTICES, SIGNALS IN THE ZONE OF COMMON BRIDGE

Article 10. General provisions

System of notice signboards, signals on railway, roads entering common bridge and at the zone of common bridge must operate and display as prescribed in current National technical regulation on railway signals and National technical regulation on road notice.

Article 11. Principle of signal open and closure

1. In status of no train through common bridge:

a) Signal of protection color light of railway in closed status (bright with red displaying of banning train through bridge);

b) Signal of road in open status (bright with green displaying of permitting means of road transport through bridge);

c) Barrier of road in open status (permitting means of road transport through bridge).

2. In status of going to have train arriving common bridge:

a) Signal of road in closed status (bright with red displaying of banning means of road transport through bridge);

b) Barrier of road in closed status (banning means of road transport through bridge);

c) Signal of protection color light of railway in open status (bright with green displaying of permitting train through bridge). Condition to open the protection signal of railway is the road signal in closed status, road barrier in closed status and having no obstacle on bridge.

3. After train has gone pass bridge, equipments alternately operate in the following order:

a) Signal of protection color light of railway is closed;

b) Road signal is open;

c) Barrier of road is open.

Article 12. Time of closing barrier and notifying by signals

The road barrier must be closed at time ensuring no person, no means of transport and other obstacle on bridge before train arrive bridge at least 2 (two) minutes and not more than 5 (five) minutes.

Chapter 4.

TRAFFIC ORGANIZATION AND REGULATION ON THE ZONE OF COMMON BRIDGE

Article 13. Traffic on the zone of common bridge

1. On the zone of common bridge, means of railway transport are prioritized to go first.

2. When train is about to come the zone of common bridge, the driver of train must pay attention to observe the zone of bridge and signals in the zone, comply with provisions on whistling and speed. 

3. When road signals in closed status (closed barrier, red light, red flag, signboard of “vehicle stop”), persons participating in traffic must stop on their road section and be a distance from road about 1.0 meter (m); when has an order of through bridge (open barrier, green light, yellow flag, signboard of "forward aisle"), persons participating in traffic may go pass.

4. Rudimentary vehicles, pedestrians, cattle being led by person must go on specified road section of each bridge.

Rudimentary vehicles carrying heavy and bulky goods, slowly moving (such as tricycles, animal-drawn vehicles, herd of cattle being led by person) may pass bridge only in prescribed time and ensure that cattle and types of these vehicles are able to go pass bridge before train comes at least 10 (ten) minutes. 

5. To prohibit stop, park vehicle; turn vehicle; prohibit pass mutual in the zone of common bridge.

6. To prohibit stop train on bridge unless there is obstacle or accident or permission of unit managing infrastructure of railway, agreement of unit managing road at level of road management area or higher for roads managed by Vietnam Road Administration, of Transport services for assigned national highways and roads directly managed by local or of owner for specialized-use roads.

Article 14. Handling accident and obstacle on common bridge

When there is accident or obstacle on bridge, persons participating in traffic on bridge or presenting at place happening accident, obstacle must immediately notify to the bridge watchman and relevant agencies in order to coordinate to settle, help victims, fast take means causing obstacle out of bridge.

Article 15. Traffic control on common bridge

1. Unit managing railway infrastructure shall organize traffic control on common bridge and must implement continuously during day and night.

2. The common bridge watchman and other enhanced forces shall coordinate to implement traffic control on common bridge, in which the common bridge watchman takes main responsibility.

3. Each bridge-head must arrange at least a watchman; in special case, in order to ensure traffic safety, it must arrange two watchmen; working time of each watchman not exceeding 12 (twelve) hours/01 (one) day and night.

Article 16. Duties, powers of watchman

1. To ensure safety of railway and road traffic at the zone of common bridge.

2. To control traffic for means and persons able to pass bridge safely, fast, conveniently and properly as prescribed. 

3. To coordinate with relevant agencies to solve when there are accidents, obstacles, faults on bridge affecting safety of road and railway traffic at the zone of common bridge.

4. To have right to compel person participating in traffic to comply with provisions when going pass common bridge and in the zone of common bridge; to have right to made record and suggest competent agencies to handle offender as prescribed.

Article 17. Methods of command and communication between guard stations

1. Units managing railway infrastructure, based on means, equipments and actual situation of each bridge, shall prescribe methods of command and communication between guard stations of bridge in order to control traffic on bridge. 

2. Methods of command and communication must assure provisions of this Circular and principles on safety and convenience for means passing bridge.

3. Communication between bridge guard stations must assure that all means in bridge-bed at the circulating side go out bridge before open the opposite barrier and vice versa; assure that means of road transport only go in a one way.

Chapter 5.

IMPLEMENTATION PROVISIONS

Article 18. Effect

This Circular takes effect on January 01, 2013; replaces the Decision No.356-QD/PC, of March 22, 1982 of The Minister of Transport on promulgating the common bridge Regulation.  

Article 19. Organization of implementation

1. The Chief of the Ministry Office, the Chief Inspector of Ministry, Directors of Administrations, Director – Head of Board under the Ministry of Transport, Director General of Vietnam Road Administration, Director of Vietnam railway Administration, Director General of Vietnam Railway Corporation, Director of Transport Services: Lao Cai, Hai Phong, Bac Giang, Bac Ninh, Quang Binh, Dong Nai province; heads of agencies, relevant organizations and individuals shall implement this Circular.

2. During the course of implementation, any problem should be reported timely by organizations, individuals to the Ministry of Transport for research and amendment for conformity.