Amendments to regulations on smart vehicles
Specifically, the Ministry of Public Security has proposed to amend and supplement Clause 4, Article 34 of the Law on Road Traffic Order and Safety as follows: "Smart vehicles are motor vehicles that allow automation of all vehicle control activities, route determination and situation handling when participating in road traffic".
Regarding the reason for the amendment, the Ministry of Public Security said that, based on the provisions of Clause 4, Clause 6, Article 34, Clause 7, Article 41 of the Law on Road Traffic Order and Safety, the Minister of Transport issued Circular No. 53/2024/TT-BGTVT dated November 15, 2024 regulating the classification of road vehicles and identification signs of motor vehicles using clean energy, green energy, and environmentally friendly and the National Technical Regulation on technical safety quality and environmental protection for automobiles QCVN 09:2024/BGTVT in accordance with the international classification ISO/SAE PAS 22736:2021 Classification and definitions for terms related to self-driving systems of motor vehicles.
Accordingly, smart vehicles are divided into 5 levels including: Motor vehicles that allow partial automation of vehicle control, route determination and situation handling when participating in road traffic are vehicles of level 1, level 2, level 3 according to ISO/SAE PAS 22736:2021 standard (hereinafter referred to as partially automated motor vehicles); Motor vehicles that allow full automation of vehicle control, route determination and situation handling when participating in road traffic are vehicles of level 4 or level 5 classified and defined in ISO/SAE PAS 22736:2021 standard (hereinafter referred to as fully automated motor vehicles).
In fact, many mid-range and high-end cars imported, manufactured and assembled in Vietnam have driver assistance functions that reach level 1 and approach level 2 according to ISO/SAE PAS 22736:2021 standards. Therefore, according to Clause 4, Article 34 of the Law on Road Traffic Order and Safety, these vehicles are classified as smart vehicles and must be licensed to operate according to Clause 3, Article 35.
For motor vehicles of level 1, level 2, even level 3 (conditional self-driving), they are basically just support functions, assisting the driver in certain conditions, situations, and ranges, and cannot completely replace the driver, for example: automatic lane keeping, distance keeping, emergency braking, warning or not allowing lane change when there is an overtaking vehicle, automatic parking in the parking space... these functions help the driver reduce stress and fatigue when driving long distances, keep a safe distance, detect risks early, react quickly to sudden dangerous situations... so they basically help increase the safety of the vehicle while moving on the road.
These functions can be activated or not depending on the driver's decision. Through the assessment of the actual operation on the road, this type of vehicle is suitable for operation under current traffic conditions in Vietnam. Therefore, it is not necessary to restrict or license the operation of this type of vehicle.
For level 4 and level 5 vehicles (fully automated vehicles), currently only China is piloting driverless taxis in Wuhan, some areas in Chongqing, Beijing, Shanghai, but they are still in the evaluation stage for safety and reliability, and have not been widely developed. Some other developed countries such as the United States and the EU have only tested level 4 self-driving cars within a certain range and still require a driver or supervisor on board.
Considering the current traffic conditions in Vietnam, fully automated motor vehicles are not suitable for operation and have a high risk of causing accidents, so it is necessary to restrict and license the operation of these types of vehicles (including experimental vehicles that are subject to research and development and need to participate in road traffic).
Transport vehicles with 8 seats or more must be equipped with image recording devices.
Also in the draft, the Ministry of Public Security proposed to amend Clause 2, Article 35 of the Law on Road Traffic Order and Safety by adding regulations that transport business vehicles must install devices to record images of the driver; internal transport vehicles must install journey monitoring devices and devices to record images of the driver; passenger cars with 8 seats or more (excluding the driver's seat) for transport business must install devices to record images of the passenger compartment.
Regarding the reason, according to the Ministry of Public Security, this proposal aims to ensure that commercial transport vehicles and internal transport vehicles are more strictly managed, serving the prevention and detection of violations of social order and safety on road vehicles, such as: Monitoring the compliance with laws on traffic order and safety by drivers (using phones, electronic devices while driving, carrying more people than prescribed, not wearing seat belts, taking both hands off the steering wheel, using feet to control the steering wheel, etc.); detecting violations of social order and safety (assault between passengers and drivers, etc.), tracking down criminals transported on commercial transport vehicles.
At the same time, the draft law also amended and supplemented Point b, Clause 5, Article 62 of the Law on Road Traffic Order and Safety in the direction of adding the case of "a person granted a driving license who commits fraudulent acts to obtain, exchange or reissue a driving license" and will have his/her driving license revoked. This proposal aims to ensure strict management of the issuance, exchange or reissuance of driving licenses because in recent years, the buying and selling of driving licenses has been widespread and there has been a phenomenon of using fake driving licenses to exchange or reissue driving licenses.
In addition, the draft has amended and supplemented Clause 1, Article 64 in the direction of stipulating that "The driver's continuous driving time shall not exceed 4 hours. The driver's working time in a day or a week shall comply with the provisions of the Labor Code".
Because, according to the recommendations of the Transport Association and transport businesses, the current regulations on driving time during the week and continuous driving time of the Law on Traffic Order and Safety are not consistent with the general regulations of some countries in the region and make it difficult for transport activities and driver arrangement of businesses to meet the requirements according to the provisions of the law.
Source: https://cand.com.vn/Giao-thong/nhung-can-cu-de-xuat-sua-doi-bo-sung-luat-trat-tu-an-toan-giao-thong-duong-bo-i776571/
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