Proposal to allow temporary use of underpass as parking lot

The Ministry of Transport has just sent the Draft Road Law to seek opinions from ministries, localities and relevant agencies.

Compared to the 2008 Road Traffic Law, the draft Law has many new points, including regulations on the temporary use of underpasses to watch and keep vehicles, solving the static traffic needs of large cities, and improving the efficiency of exploiting road traffic infrastructure assets (Article 40).

Accordingly, the draft allows the underpass to be temporarily used to keep and look after road vehicles, except for vehicles carrying fuel, flammable or explosive substances, corrosive chemicals, other dangerous substances, and vehicles past their useful life.

Parking lot under Vinh Tuy bridge. (Photo: VOV).

The use of the underpass as a temporary parking area is only allowed in cases where the bridge meets the requirements and technical conditions to ensure safety, and is not past its operational life. In particular, the overpass is not under repair, inspection, or construction monitoring, is not part of a major main street, and must meet the regulations.

When temporarily using the underpass for a limited period as a place to park road vehicles, the following regulations must be ensured: Road safety and traffic safety must be ensured; There must be a traffic organization design connecting the parking area with the road in the area; Fire prevention and fighting measures must be approved by a competent authority; Environmental protection regulations must be ensured.

The highest point of a vehicle placed under the bridge must be no less than 1.5 m from the lowest point of the bridge girder; the area for keeping road vehicles must be at a distance from the bridge abutments and piers sufficient to carry out maintenance of the structure but not less than 1.5 m; The area for keeping road vehicles must be fenced, except for the locations for vehicles to enter and exit.

The draft also clearly states that units that need to temporarily use the underpass to keep and look after road vehicles must submit a written request to the agency assigned to manage road infrastructure assets for inspection and approval when meeting the above regulations.

The agency assigned to manage road traffic infrastructure assets is responsible for consulting with the police agency before approving the temporary use of the underpass for watching and keeping road vehicles.

The unit temporarily using the area under the bridge to keep vehicles must move out of the area under the bridge when requested by the road management agency, competent state agency, owner or organization or individual assigned to manage and exploit the road work without requesting compensation.

“In case of temporary use of under bridges for the storage of road vehicles with fees and charges, it must be implemented in accordance with relevant laws. The Government shall prescribe the procedures for approving temporary use of under bridges for the storage of road vehicles,” the draft clearly states.

Also related to this issue, previously, the Hanoi People's Committee proposed that the Ministry of Transport adjust a number of articles of Circular No. 35, allowing the city to continue to organize vehicle parking under bridges in the area until the end of 2023.

According to the Hanoi Department of Transport, four parking lots under Vinh Tuy, Nga Tu Vong, Chuong Duong and Mai Dich bridges are handling tens of thousands of vehicles every day.

However, in response to the proposal of the Hanoi People's Committee, the Ministry of Transport said that the Road Traffic Law stipulates that drivers are not allowed to stop or park on bridges or under overpasses.

Decree 11 on protection of road traffic infrastructure also clearly states: Land reserved for roads must not be used for residence or service business activities.

Therefore, the Ministry of Transport believes that continuing to allow the use of underpasses as parking lots and amending some articles of Circular 35 as proposed by the Hanoi People's Committee has no legal basis.

(Source: Vietnamnet)

Useful
Emotion
Creative
Unique
Wrath

Source