Thông tư 46/2014/TT-BGTVT sửa đổi Thông tư 08/2009/TT-BGTVT hướng dẫn việc sử dụng xe thô sơ, xe gắn máy, xe mô tô hai, ba bánh và xe tương tự để vận chuyển hành khách, hàng hóa do Bộ trưởng Bộ Giao thông vận tải ban hành

CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE MINISTER OF TRANSPORT’S CIRCULAR NO. 08/2009/TT-BGTVT OF JUNE 23, 2009, GUIDING THE USE OF RUDIMENTARY VEHICLES, MOPEDS, MOTORCYCLES, MOTORIZED THREE-WHEELERS AND SIMILAR VEHICLES FOR CARRYING PASSENGERS AND CARGOS1

Pursuant to the November 13, 2008 Law on Road Traffic;

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

At the proposal of the Director of the Transport Department,

The Minister of Transport promulgates the Circular amending and supplementing a number of articles of the Minister of Transport’s Circular No. 08/2009/TT-BGTVT of June 23, 2009, guiding the use of rudimentary vehicles, mopeds, motorcycles, motorized three-wheelers and similar vehicles for carrying passengers and cargos.

Article 1. To amend and supplement Article 5 of Circular No.08/2009/TT-BGTVT as follows:

“Article 5. Transportation activities

1. Provincial-level People’s Committees shall specify:

a/ Operation scope, routes and time for each type of vehicles;

b/ Positions of standing or parking, and activities of picking up and disembarking passengers and cargos, in order to ensure road traffic order and safety;

c/ Cargo-loading limits of rudimentary vehicles, mopeds, motorcycles, motorized three-wheelers and similar vehicles upon participation in road traffic, not only to suit local conditions but also comply with the provisions of Clause 2 of this Article.

2. The height, width and length limits of loaded rudimentary vehicles, mopeds, motorcycles, motorized three-wheelers and similar vehicles must comply with the following provisions:

a/ Mopeds, motorcycles, motorized three-wheelers and similar vehicles are not allowed for loading of cargos and luggage exceeding the carrier’s width by 0.3 meter to each side and exceeding the carrier’s length by 0.5 meter to the rear according to the manufacturer’s design; and the height of cargo loading is 2 meters from the road surface;

b/ Rudimentary vehicles are not allowed for loading of cargos exceeding by one third the vehicle body length to the front and the rear; and exceeding 0.4 meter to each wheel and 1 meter to the front and the rear of the vehicle.

3. Rudimentary vehicles, mopeds, motorcycles, three-wheelers and similar vehicles which carry passengers and cargos in certain localities shall comply with these localities’ regulations.”

Article 2. To add Clause 4 to Article 8 of Circular No. 08/2009/TT- BGTVT as follows:

“4. To annul Clauses 4 and 5, Article 18 of the Minister of Transport’s Circular No. 07/2010/TT-BGTVT of February 11, 2010, providing the limit load and size of roads; circulation of overloaded, oversized and track vehicles on roads, transportation of extra-long and extra-heavy cargoes, and limits of cargo loading on road vehicles when joining road traffic ”.

Article 3. Effect

This Circular takes effect on December 1, 2014.

Article 4. Organization of implementation

The chief of the Ministry of Transport’s Office, the Chief Inspector, directors of departments, the director of Vietnam Road Administration, directors of provincial-level Transport Departments, heads of related agencies, and related organizations and individuals shall implement this Circular.-

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