Circular 3/2012/tt-Bgtvt: Regulating The Identification And Handling Of The Dangerous Position On The Road Are Exploited

Original Language Title: Thông tư 26/2012/TT-BGTVT: Quy định việc xác định và xử lý vị trí nguy hiểm trên đường bộ đang khai thác

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CIRCULAR regulations on identifying and handling dangerous position on the road is mined _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on road traffic, November 13, 2008;
Pursuant to Decree No. 11/2010/ND-CP dated 24 February 2010 of the Government regulations on the management of infrastructure protection and road traffic;
Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation.
Proposal of the General Director of the Bureau of roads in Vietnam and Director of traffic safety, the Minister of transport issued a circular regulating the identification and handling of the dangerous position on the road is mined.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulations on identifying and handling hazardous position on the roads are mined.
Article 2. The object that applies to this circular apply to agencies, organizations, individuals related to the identification and handling of the dangerous position on the road is mined.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. the dangerous position is the position of the black point road traffic accidents or potential points of traffic accidents.
2. Black Point Road traffic accident (hereinafter referred to as "black spots") is a place where traffic accidents often occur.
3. the underlying point of the road traffic accident where there can occur traffic accident.
4. from the "point" in paragraph 1, paragraph 2 this is meant to be a place, a ramp or in the intersection area.
5. direct agencies to manage the road is the road management, the Department of transportation.
6. The organisation of road management is the company, the road management, enterprise project management duties of road maintenance.
Chapter II OBJECTIVES and PROFILE IDENTIFIED BLACK SPOTS, the UNDERLYING POINT of TRAFFIC ACCIDENT article 4. Criteria for identifying black spots of the criteria determine the black point is the situation of traffic accidents happened in one year (12 months), in one of the following circumstances: 1. the 2 traffic accident died;
2.3 the crash over, including 1 case died.
3.4 crash over, but only wounded.
Article 5. The criteria determining the underlying point of traffic accident criteria determine the underlying point of traffic accidents is the current state of road works, the current state of the area and the situation of traffic accidents happened in one year (12 months), in one of the following circumstances: 1. The current state of road works , the current state of traffic organization and around the location factor causing loss of traffic safety;
2. may occur collisions over or at least 1 of the accident but only wounded.
Article 6. Profile black spots black point profile includes: 1. Record the traffic accidents are kept at the road management units or records the traffic accident because police agencies provided;
2. accident statistics Tables have the physical records, number of accidents, damage, reviews the causes included preliminary recommendations solutions to overcome;
3. Drawing area diagram black spots, black spots area snapshot and the relevant documents.
Article 7. The underlying point record traffic accident records underlying traffic accident points include: 1. Record the traffic collision are kept at the governing roadway or do the police offer.
2. Statistics bump, traffic accidents are the physical records, the number of collisions, accidents, damage; reviews of causes with preliminary recommendations solutions to overcome.
3. Diagram of the current status of road works, traffic organization, photographs and related documents.
Chapter III the BLACK POINT DISPOSAL, POTENTIAL POINTS of TRAFFIC ACCIDENT article 8. Processing sequence 1. Black point disposal process, potential traffic accident points including 12 steps: a) step 1: determine preliminary priority ranking and handle;
b) step 2: inspect the scene of the first;
c) step 3: preliminary analysis and determine the cause;
d) step 4: research the second scene to determine the cause;
DD) step 5: selection of the remedy;
e) step 6: determine the agency responsible for processing;
g) step 7: perform black point disposal, the underlying point of traffic accidents;
h) step 8: monitoring and evaluation of results.
2. content of the steps in the processing sequence of the black spots and potential points of traffic accidents is regulated in articles from Article 9 and article 16 of this circular.
Article 9. Determine preliminary priority ranking and processing 1. The governing body of road detection, collision statistics, traffic accidents and making the black point, hidden spots traffic accidents as defined in article 6, article 7 of this circular.
2. Based on the number of collisions, the number of traffic accidents in a year (12 months), the severity of the number of deaths, injuries, damage to property values, against the criteria specified in article 4, article 5 of this circular to arrange the priority order handling , report on the direct Agency managed roads (road management Zone, the Department of transportation for Highway management assigned; The Department of transportation for the local road system; for investors, the road is mined by a BOT; agencies, organizations, individuals have dedicated line).
Article 10. The first scene after determining preliminary priority ranking and handle the black point, potential points of traffic accident, conduct market surveys to first: 1. Collate, complement the features of the scene: intersections, transportation organizations, other characteristics (the vision , the radius of the curve, the road surface roughness, super high slope, other factors) and the current state of the corridor, the road safety situation outside the corridor road safety.
2. Sketch diagrams, photographed the scene.
3. Identify the composition of the car, the traffic condition and pedestrian.
4. Investigation on the situation of the weather, climate and other environmental factors that affect traffic safety.
5. Investigate, assess the level of general awareness, sense of executive law on road traffic of people in the area.
Article 11. Preliminary analysis and determine the cause of the base survey results and records the scene had collected, proceed to build a diagram using the (accidents or using the current state of the area) according to the ratio of 1:200 presents the main characteristics of the scene: the intersection, the traffic organization the natural environment, and society are two sides of the road (hills, fields, trees, homes, offices, schools, residential, industrial) and diagram of the accident. Conduct analysis of each position to determine preliminary cause.
Article 12. The second field study to determine the cause of the 1. Based on records made in article 10, article 11 of this circular, field research organization times 2 to determine the cause of bridge and road conditions, the situation of traffic organization, vision, night lighting, natural and social environment on either side of the road; Note about the weather or traffic control situation when the accident occurred.
2. The survey and field research provisions in paragraph 1 of this article must be made objectively (in much of the time and weather on many subjects, ages, occupation).
Article 13. The choice of remedies based on the causes specified in article 12 of this circular, proposing remedies under principle: 1. Must reduce or lose cause must have caused the accident.
2. do not arise in other cause causing traffic accidents.
3. Not bad influence to ensure traffic and the surrounding environment.
Article 14. Identify responsible agencies handle 1. The case causes and solutions related to bridges and roads, the Agency managed roads directly to handle immediately after the competent approval below: a) General Directorate of roads in Vietnam for the highway system.
b) provincial peoples Committee for the local road system.
c) competent State agencies for the road to be invested in the form of BOT.
d) organizations, individuals have dedicated lines for specialized lines.
2. where the causes and solutions to overcome the other direct Agency managed roads agency recommendations, the unit is responsible for processing according to the authority.
Article 15. Implementation of black point disposal and potential points of traffic accidents.
1. Profile design handles the underlying point and black point units by design consultants have the experience made. Advisory Unit designed to coordinate with the Organization of road management, traffic police unit (black point road) to carry out the investigation, analysis and processing solutions.
2. In the process of constructing the black point disposal and potential points of traffic accidents, the contractor must comply with the right profile and other provisions designed to ensure traffic safety during construction and exploitation.
3. The implementation of black point disposal and potential traffic accident spots are prioritised funding but must comply with the provisions of the law on investment management and construction.
Article 16. Monitor and evaluate the results of processing 1. The monitoring and evaluation of the results of black point disposal, the underlying point of traffic accidents due to road management organizations perform and report the results to the road management, the Department of transport (for the national highway and local roads), about the Organization, individuals have dedicated lines (for specialized lines).
2. With regard to the way the BOT to track and evaluate the results processed by the early implementation and to report the results of competent State agencies and direct Agency managed roads.
Chapter IV RESPONSIBILITY of BLACK POINT DISPOSAL, POTENTIAL POINTS of TRAFFIC ACCIDENT article 17. Responsible for processing the black spots and potential points of traffic accidents for the highway system 1. Road management organizations implement the provisions of article 9 and article 16 of this circular.
2. Urban road management, the Department of transport (for the black spots and potential points of traffic accidents on the highway are the management interface) implementation of the provisions of article 10, 11, 12, 13 of this circular.
3. General Directorate of roads in Vietnam made the liability prescribed in paragraph 1 point a of article 14 of this circular.
4. With regard to the way the BOT a) investors made provisions in Articles 10, 11, 12, 13 of this circular.

b), management zone, the Department of transport urge investors to perform the duties prescribed in Articles 10, 11, 12, 13, and item 2 article 16 of this circular.
5. for the black spots on the roads are mined there project to build, renovate, upgrade road management organization to hand over records of black point for investors to review the handling of the project. The case of the project have yet to deploy, direct Agency managed roads made the temporary disposal measures to ensure traffic safety.
6. where the causes of traffic accidents not related to road and bridge, directly manage the road follow the provisions in paragraph 2 of article 14 of this circular.
Article 18. Responsible for processing the black spots and potential points of traffic accidents for the local road system.
1. The organisation of road management implemented the provisions of article 9 and article 16 of this circular.
2. The Department of transportation to implement the provisions of articles 10, 11, 12, 13 of this circular.
3. provincial people's Committee to implement the responsibilities specified in point b of paragraph 1 of article 14 of this circular.
4. for road BOT, investors make the provisions in articles 10, 11, 12, 13 of this circular.
5. for the black spots on the roads are mined there project to build, renovate, upgrade road management organization to hand over records of black point for investors to review the handling of the project. The case of the project have yet to deploy, direct Agency managed roads made the temporary disposal measures to ensure traffic safety.
6. where the causes of traffic accidents not related to road and bridge, directly manage the road follow the provisions of article 14 of this circular.
Article 19. Black point disposal responsibilities, potential points of traffic accidents for specialized lines 1. Road management organizations implement the provisions of article 9 and article 16 of this circular.
2. personal organization, agencies have specialized line made the provisions in articles 10, 11, 12, 13 and point d article 14 paragraph 1 of this circular.
3. where the causes of traffic accidents not related to road and bridge, directly manage the road follow the provisions of article 14 of this circular.
4. personal organization organs have specialized lines are responsible for the Department of transportation report on the implementation of the identification and handling of the dangerous position occurred traffic accidents on the road;
Chapter V PROVISIONS Enacted 20. Effect 1. This circular effect since September 15, 2012.
2. This circular replaces decision No 13/2005/QĐ-BGTVT dated 02 February 2005 of the Minister of transport issued the "regulations on identifying and handling hazardous location usually occurs on road traffic accidents are exploiting."
Article 21. Implementation 1. Office of the Chief Justice, the Chief Justice Inspector, Director of the Service, the General Director of the Bureau of roads in Vietnam, Chairman of the provincial people's Committee, central cities and heads of agencies, organizations and individuals concerned is responsible for the implementation of this circular.
2. During the implementation process, if bottlenecks arise, agencies, organizations and individuals to reflect on the General Directorate of roads in Vietnam to General, reported the Ministry of transportation to review the decision.