Circular 64: Inspection of means involved in waterway traffic accidents in Vietnam

On June 19, 2020, the Ministry of Public Security issued Circular 64/2020/TT-BCA stipulating the procedures for investigating and handling inland waterway traffic accidents by the Traffic Police force in Vietnam.

Khám nghiệm phương tiện có liên quan đến vụ TNGT đường thủy, Thông tư 64/2020/TT-BCA

Circular 64: Inspection of means involved in waterway traffic accidents in Vietnam (Illustrative Image)

Specifically, Article 11 of Circular 64/2020/TT-BCA regulates the inspection of vehicles involved in waterway traffic accidents in Vietnam as follows:

- The participants in the inspection of means include: depending on the nature and extent of the traffic accident, relevant personnel will be invited such as: Forensic Technical Officers; Fire and Rescue Police; commune-level Police where the accident occurred; representatives of the inland waterway vehicle registry unit or individuals/organizations with expertise (related to the inspection of inland waterway vehicles); representatives of the inland waterway management unit; representatives of technical expertise units related to water works, river crossing structures; witnesses, persons with related rights and obligations; representatives of the communal authorities where the accident occurred.

- Means involved in the traffic accident must be inspected and a Record of Inspection of Vehicles Involved in Inland Waterway Traffic Accidents according to form No. 08/NTDT issued under this Circular must be made at the scene or at the temporary vehicle impoundment location immediately after the scene inspection is completed. If there are multiple vehicles, each vehicle will be inspected one by one, and a separate Record of Inspection will be prepared for each vehicle.

- Check all documents of the vehicle operator, crew members, and related vehicle documents such as: Captain's professional certification, professional certificates, personal identification documents (if any), vehicle registration (compared with the license plate, engine number, dimensions, images, material), technical safety and environmental protection certificates (for types of vehicles required to have such certificates), mandatory civil liability insurance certificates for inland waterway transport business (if any), and other relevant documents related to operating conditions of transport business vehicles and goods carried on the vehicle (if any).

- Inspection of means:

- Measure the main dimensions of the vehicle including: Maximum length, maximum width, height, draft, and freeboard height of the inland waterway vehicle;

- Evaluate the structure and condition of the vehicle's hull, including: Frame, hull, deck, cabin, bulkheads, cargo holds, keel, bow, and bottom;

- Inspect the vehicle's technical equipment systems: Propulsion system, steering, anchoring, life-saving equipment, fire-fighting equipment, sound and signal equipment (sound and light), life-saving, sinking prevention equipment, navigation devices (radar, journey recording device (GPS), vessel identification system (AIS), electronic charts (if any), river communication valves;

- Focus inspection on parts and locations most likely to cause the accident, determine the collision point and initial collision point on the vehicle;

- Thoroughly check and examine the location, direction, and mechanism of trace formation, measure the size of traces left on the vehicle (excluding traces formed during rescue and recovery operations);

- Measure, photograph the position and size of traces (with scale ruler placed); collect traces, objects carrying traces, take sample comparisons (if necessary), and preserve according to regulations.

- The Record of Inspection of Vehicles Involved in the Traffic Accident must detail: Documents, particularly vehicle characteristics; describe the traces; record the damage and malfunction of the vehicle, record the collection of samples, traces and technical equipment of the vehicle: Propulsion system, steering, anchoring, fire-fighting, sound, signal (sound and light), life-saving, sinking prevention equipment, navigation devices (radar, journey recording device (GPS), vessel identification system (AIS), electronic charts (if any); river communication valves for inspection work.

- Approve and sign the Record of Inspection of Vehicles Involved in the Traffic Accident.

Details can be found at Circular 64/2020/TT-BCA, which comes into effect in Vietnam from January 1, 2021.

Ty Na

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