What is the gross vehicle weight of vehicles? What are the cases of overload vehicles and overdimension vehicles in Vietnam?
Vietnam: What is the gross vehicle weight of vehicles?
Pursuant to the new regulations at Point a, Clause 1, Article 1, Circular 35/2023/TT-BGTVT amending and supplementing Clause 1, Article 3, Circular 46/2015/TT-BGTVT stipulates that gross vehicle weight (GVW) of vehicle includes: weight of the vehicle plus weight of specialized equipment assisting transport of oversize load fitted to vehicle in accordance with manufacturers’ instructions (if any) plus weight of passengers, luggage, and cargoes (including containers; equipment for anchoring, fastening goods) on the vehicle (if any).
Currently, Clause 1, Article 3 of Circular 46/2015/TT-BGTVT stipulates that gross vehicle weight (GVW) means the total weight (mass) of a vehicle including weight (mass) of the vehicle itself and the weight of passengers, luggage and cargo loaded onto such vehicle (if any).
Thus, it can be seen that according to the new regulations, the total weight of the vehicle will be supplemented weight of specialized equipment assisting transport of oversize load fitted to vehicle in accordance with manufacturers’ instructions (if any).
What are the cases of overload vehicles and overdimension vehicles in Vietnam?
Pursuant to the provisions of Clause 7, Article 1 of Circular 35/2023/TT-BGTVT amending and supplementing Article 9 of Circular 46/2015/TT-BGTVT, there are 04 cases of overload vehicles and 06 cases of overdimension vehicles are as follows:
(1) 04 cases of vehicles exceeding load capacity of roads (hereinafter referred to as “overload vehicles”), including road motorized vehicles that:
- have gross vehicle weight (GVW) exceeding values specified on the sign that reads “hạn chế trọng tải toàn bộ xe” (Gross weight limit) or sign that reads “Loại xe hạn chế qua cầu” (Restricted vehicle types for crossing bridges) where either of these signs is erected; or
- have gross vehicle weight (GVW) exceeding gross weight specified under Article 17 hereof where none of the signs under Point a of this Clause is erected; or
- have axle load exceeding values specified on a sign that reads “Hạn chế tải trọng trên trục xe” (Axle load limit) or sign that reads “Tải trọng trục hạn chế qua cầu” (Restricted axle load for crossing bridge) where either of these signs is erected; or
- have axle load exceeding load specified in Article 16 hereof where none of the signs under Point c of this Clause is erected.
(2) 06 cases of vehicles exceeding dimensional limits of roads (hereinafter referred to as “overdimension vehicles”) refer to motorized vehicles whose external dimensions, including those of cargoes thereof (if any) that:
- have length exceed the value specified on a sign that reads “Hạn chế chiều dài xe” (Length restriction) or sign that reads “Hạn chế chiều dài xe cơ giới kéo theo rơ-moóc hoặc sơ-mi- rơ-moóc” (Length restriction of motor vehicles towing trailers or semi-trailers) where either of these signs is erected; or
- have length exceeding 20 meters or 1,1 times overall length of the vehicles where none of the signs specified in Point a of this Clause is erected; or
- have width exceeding values specified on a sign that reads “Hạn chế chiều ngang xe” (Width limit) where this sign is erected; or
- have width exceeding 2,5 meters where the sign specified under Point c of this Clause is not erected; or
- have height from road surface exceeding values specified on a sign that reads “Hạn chế chiều cao” (Height limit) where this sign is erected; or
- have height from road surface exceeding 4,2 meters or 4,35 meters in case of container trucks where the sign specified under Point dd of this Clause is not erected.
What are the penalties imposed for carrying luggage or cargo beyond the GVWR of the vehicle in Vietnam?
Pursuant to the provisions in Point m, Clause 5, Article 23 of Decree 100/2019/ND-CP stipulates as follows:
Penalties imposed upon operators of civil and commercial passenger automobiles, and similar automobiles violating road traffic regulations
5. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for:
...
m) Carrying luggage or cargo beyond the GVWR of the vehicle;
n) Operating a vehicle providing transportation for tourism or a contract-based passenger transportation vehicle and picking up, charging or verifying booking of individual passenger; operating contract-based vehicle and designating fixed-routes to serve different customers and service recipients;
o) Failure to use driver identification cards to input information as per the law or using driver identification cards of other drivers to input information when operating passenger vehicle;
p) Operating a vehicle providing passenger transportation services without installing cameras as per the law (if required by the law) or installing cameras without capability to record and store images on the vehicle (including those of the driver) during the vehicle's operation as per the law;
q) Operating a vehicle transporting tourists or passengers under contract using electronic contract without having devices to access contents of the electronic contract and the passenger list or failure to provide the electronic contract and passenger list for competent authorities where requested, transporting passengers whose names are not on the passenger list or transporting passengers inconsistent with regulations and law (with respect to contract-based vehicle transporting students and employees to schools and workplaces).
Thus, based on the above regulations, the act of carrying luggage or cargo beyond the GVWR of the vehicle may be imposed a fine ranging from VND 1,000,000 to VND 2,000,000.
In addition, for the act of carrying luggage or cargo beyond the GVWR of the vehicle, in addition to being fined, the vehicle driver will also have their driving license suspended from 01 month to 03 months (according to point a, clause 8, Article 23 of Decree 100/2019/ND-CP)
Circular 35/2023/TT-BGTVT takes effect from February 1, 2024.
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