The Ministry of Transport proposed to regulate that continuous driving time should not exceed 3 hours between 10pm and 6am the following day.
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Car drivers are advised not to drive continuously for more than 3 hours at night.
The Ministry of Transport is drafting the Road Law regulating road infrastructure; road vehicles; road transport and state management of road activities.
DOWNLOAD : FULL TEXT OF DRAFT ROAD LAW
Accordingly, regarding the regulations on working hours of drivers of commercial and internal transport vehicles, the Ministry of Transport has the following proposals:
- The driver's working hours must comply with the provisions of the Labor Code.
- Continuous driving time does not exceed 4 hours; from 22:00 the previous day to 06:00 the following day, continuous driving time does not exceed 3 hours. Do not drive more than 8 hours in a day.
- Rest time between two consecutive drives
+ Minimum 05 minutes for taxi and bus drivers;
+ Minimum 15 minutes for internal transport drivers, drivers of other types of transport businesses.
- The break time between two consecutive drives from 22:00 the previous day to 06:00 the next day is at least 30 minutes.
Transport business units, internal transport units and drivers are responsible for implementing the above regulations if the proposal is approved.
Meanwhile, current law stipulates that a car driver's working time must not exceed 10 hours a day and must not drive continuously for more than 4 hours; transporters and car drivers are responsible for implementing this regulation.
Thus: If the above proposal is approved, drivers of commercial transport vehicles (including vehicles with yellow license plates) will not be allowed to drive continuously for more than 3 hours between 10:00 p.m. the previous day and 6:00 a.m. the following day (current regulations stipulate that drivers cannot drive continuously for more than 4 hours).
In which, the time from 22:00 the previous day to 06:00 the next day is considered night.
New proposal on road transport operations
In the draft Road Law, the Ministry of Transport also has new proposals on road transport activities as follows:
(1) Road transport activities are activities by organizations and individuals using rudimentary vehicles and motor vehicles to transport people and goods on domestic and international roads. Road transport activities include transport business activities and internal transport activities.
(2) Domestic road transport activities are activities by organizations and individuals using rudimentary vehicles and motor vehicles to transport people and goods on roads within the territory of Vietnam.
(3) International road transport activities are activities by organizations and individuals using automobiles to transport people and goods between Vietnam and other countries. International road transport activities must comply with the provisions of this Draft and be consistent with international treaties to which Vietnam is a member. Automobiles operating in international road transport business of other countries are not allowed to transport people and goods with the starting point and ending point both located in the territory of Vietnam.
(4) Road transport business is an activity by organizations and individuals using rudimentary vehicles and motor vehicles to provide services of transporting people and goods on roads for profit purposes.
(5) Automobile transportation business is the business of an organization or individual performing at least one of the following stages: operating vehicles and drivers or deciding on transportation fares to transport passengers and goods on the road for the purpose of making a profit. Automobile transportation business is a conditional business line including automobile passenger transportation business and automobile freight transportation business.
(6) Passenger transport business by automobile includes: fixed-route passenger transport business, bus passenger transport business, taxi passenger transport business, contract passenger transport business and new types of passenger transport business.
(7) Fixed-route passenger transport business is a passenger transport business using passenger cars to transport passengers with a specified departure bus station and destination bus station with a certain schedule and itinerary.
(8) Passenger transport business by bus is the passenger transport business using city buses or passenger cars to transport passengers with pick-up and drop-off stops, bus schedules and itineraries within a certain range; including intra-provincial bus routes, inter-provincial bus routes and airport connecting bus routes. In which:
- An intra-provincial bus route is a bus route that operates within the territory of a province or centrally-run city;
- Interprovincial bus route is a bus route that operates within the territory of two or three provinces or centrally-run cities;
- Airport connecting bus route is a bus route with a maximum operating area of 03 (three) provinces and centrally-run cities; with a starting point or ending point at the airport.
(9) Passenger transport business by taxi is a type of passenger transport business that uses cars to transport passengers at their request. The method of calculating the fare for the trip is chosen by the passenger according to one of the following methods:
- Fare is calculated through the meter;
- Fare is calculated through fare calculation software that connects directly with passengers via electronic means;
- Fares are calculated per trip based on distance and transportation time.
(10) Contractual passenger transport business is a type of passenger transport business that uses passenger cars to carry out passenger transport contracts (in paper or electronic form) between a passenger transport business unit and a transport hirer who needs to hire the entire vehicle (including hiring a driver).
(11) Freight transport business by car is the use of trucks and specialized cars to transport goods on roads, except for internal transport activities specified in section (11).
(12) Internal transport activities by car are non-business transport activities to transport people and goods by road.
- Internal passenger transport by car is the use of passenger cars by agencies and organizations to transport officers, employees, workers or students of that agency or organization;
- Internal freight transport by car is the use of trucks, specialized cars, cars pulling trailers, tractors pulling semi-trailers by agencies and organizations to transport products and goods produced by that agency or organization or equipment, tools, raw materials, fuel to serve the production process, consumption of products or services of the unit, for which transportation costs have been included in the cost of that product or service.
(13) During natural disasters, epidemics, and catastrophes, the Minister of Transport shall issue regulations on the organization of automobile transport activities and related administrative procedures in a simplified order and procedure to meet the requirements of natural disaster, epidemic, and catastrophe prevention and control.
(14) The Government shall specify the types of transportation business; regulations on business and business conditions, procedures for granting business licenses for automobile transportation; regulations on management of internal transportation activities.
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