People's Republic of China promulgated by Decree No. 563
Agricultural machinery safety supervision and management regulations of the Executive meeting of the State Council on September 7, 2009 the 80th through, are hereby promulgated and, as of November 1, 2009.
Prime Minister Wen Jiabao
The September 17, 2009
Agricultural machinery safety supervision and management regulations
Chapter I General provisions
First in order to strengthen agricultural machinery safety supervision and management, prevention and reduction of agricultural machinery accidents, protect people's lives and property safety, this Ordinance is enacted.
Article in the People's Republic of China territory of agricultural machinery production, sales, maintenance, operations and safety supervision and management and other activities, shall comply with this regulation.
Agricultural machinery mentioned in these regulations refers to agricultural production activities related to farming and primary processing of products such as machinery and equipment.
Third agricultural machinery safety supervision and management should follow the people-oriented, accident prevention and the principle of safeguarding security and promoting development.
Fourth people's Governments above the county level shall strengthen leadership on agricultural machinery safety supervision and management, improvement of agricultural machinery safety supervision and management system, increase subsidies for farmers to buy agricultural machinery, ensuring the safety of agricultural machinery of financial investment, establishing and perfecting the agricultural responsibility system for production safety.
Fifth relevant departments of the State Council and local people's Governments, relevant departments should strengthen agricultural machinery safety laws, regulations, standards and knowledge of public education.
Agricultural production and operation organizations and agricultural machinery agricultural machinery operation should be for all people and educate staff about safe use of agricultural machinery, to improve their safety awareness.
Sixth the State encourages and supports the development, production, promotion, advanced, safe, reliable, energy-saving and environmental protection of agricultural machinery, establishing and perfecting the agricultural machinery safety standards and safety practices.
Seventh State encourages agricultural machine operators, maintenance technicians to participate in vocational training and set up mutual aid organizations according to law, improve the level of safety of agricultural machinery operation.
Article eighth country backward agricultural machinery elimination system and endanger the personal and property safety of scrapping system for agricultural machinery, and agricultural practises to obsolescence and scrap recycling.
Nineth the agricultural mechanization Department, Industry Department, quality supervision departments and industrial and commercial administrative departments and other departments concerned in accordance with this Ordinance and the responsibilities under the State Council, responsible for agricultural machinery safety supervision and management work.
Local people's Governments at or above the county level agricultural mechanization Department, industrial departments above the county level and the local quality supervision departments and industrial and commercial administration departments and other departments concerned in accordance with their respective responsibilities, responsible for the administration of agricultural machinery safety supervision and administration.
Chapter II production, sales and maintenance
Tenth the Industry Department is responsible for the development and implementation of agricultural machinery and industrial policies and planning. Standardization authorities under the State Council is responsible for the release of agricultural machinery safety standard, and actual time.
Safety and technical standards are enforceable standards for agricultural machinery.
11th producers of agricultural machinery agricultural machinery industry, should be based on policy and planning, in accordance with the technical standards for the safety of agricultural machinery production, and establish and perfect quality control system.
Agricultural machinery of the law the administration of production license for industrial products, the producer shall obtain the corresponding qualification, and in accordance with the terms and conditions of the license production.
12th producers of agricultural machinery should be in accordance with the technical standards for the production of agricultural machinery safety test agricultural machinery; qualified for agricultural machinery and attached detailed safety instructions and label safety warning sign, factory sales; agricultural machinery must be certified according to law, in the factory should be marked certification mark.
On-road tractor, must be certified in accordance with law, in the factory should be marked certification mark, and meet national safety standards. Producers of agricultural machinery factory records system should be established, record the name, specification, quantity, date of production of agricultural machinery, production batch number purchases, certificate number, name and contact information, the date of sale, and so on.
Factory records retained for periods of not less than 3 years. 13th imported agricultural machinery shall comply with the technical standards for agricultural machinery safety in China, and the entry-exit inspection and quarantine Administration inspection according to law.
Agricultural machinery must be certified according to law, should also be on entry by the entry-exit inspection and quarantine institutions. 14th article on purchase of agricultural machinery agricultural machinery sellers must check the quality certificates.
Law for industry products production license, legally requires certification of agricultural machinery should also identify the appropriate documents or sign. Sellers of agricultural machinery sales record-keeping system should be established, faithfully record the name, specifications of agricultural machinery, production batch number, supplier name and contact information and sales flow, and so on.
Sales records retained for periods of not less than 3 years.
Seller shall indicate to the buyers of agricultural machinery agricultural machinery operation and safety notes, and issuing sales invoices.
15th agricultural machinery producers and sellers shall establish and improve sales and service system of agricultural machinery shall bear liability for product quality. 16th agricultural machinery producers and sellers found that the production and sale of agricultural machinery design and manufacturing defects, can cause damage to personal property security, should immediately stop production and sales, and promptly report to the local quality supervision departments and industrial and commercial administrative departments, informing users of agricultural machinery to stop using.
Agricultural machinery manufacturers should recall of agricultural machinery design and manufacturing defects in a timely manner.
Agricultural machinery producers and sellers do not perform the obligation of the first paragraph of this article, quality supervision departments, industrial and commercial administrative departments may order the producer recalls agricultural machinery, order the seller to stop sales of agricultural machinery.
17th banning the production and sale of the following agricultural machinery:
(A) does not meet the technical standards for the safety of agricultural machinery;
(B) according to law the administration of production license for industrial products without a license;
(C) must be certified without certification in accordance with law;
(D) using defective parts or scrap agricultural engine, steering, transmission, frame components, such as assembling;
(E) countries has been officially eliminated.
18th engaged in agricultural machinery maintenance and operation shall be necessary to maintain the grounds, is necessary to repair facilities, equipment and testing instruments, there is a corresponding service technicians, safety and environmental protection measures, obtain the appropriate maintenance technology certificate and registration formalities according to law.
Application technology of agricultural machinery maintenance certificate shall submit the following materials to the local people's Governments at the county level agricultural mechanization Department:
(A) agricultural machinery maintenance application form;
(B) the applicant's identity, business name prior approval written notice;
(C) repair sites using certificates;
(D) major maintenance facilities, equipment and test equipment list;
(V) major maintenance technicians of the national vocational qualification certificates.
Agricultural mechanization Department shall, within 20 working days of receipt of the application, to meet the conditions, maintenance technology certificate issued by; do not meet the conditions, and notify the applicant in writing and state the reasons.
Maintenance technology certificate is valid for 3 years expiry date needs to continue to engage in agricultural machinery maintenance, shall apply for renewal before expiration.
19th maintenance quality of agricultural machinery maintenance operators shall comply with the relevant national safety technical code for warranty and maintenance requirements to ensure maintenance quality.
Agricultural machinery maintenance shall not be any of the following acts:
(A) the use does not meet the technical standards for the safety of agricultural machinery spare parts;
(B) assembling, modified agricultural machine;
(C) the contract maintenance has reached end of life conditions of agricultural machinery;
(D) the laws, regulations and other prohibited conduct agricultural mechanization Department under the State Council.
Chapter III operation
20th agricultural machine operators can participate in the agricultural machinery operator skills training to the agricultural mechanization Department, human resources and Social Security Department to apply for professional skills identification to obtain the appropriate level of national vocational qualifications. Article 21st before using tractors, combine harvesters, all of its provisions shall, in accordance with the agricultural mechanization Department, proof ID card holders and sources of equipment, to the local people's Governments at the county level agricultural mechanization Department, apply for registration.
Safety inspection of tractors, combine harvesters, agricultural mechanization Department shall, within 2 working days to be registered and issued the corresponding certificates and licences.
Tractors, combines, used during registration is changed, the owner shall apply for registration of change in accordance with State Council departments in charge of agricultural mechanization. After 22nd tractors, combines, operator training, provisions shall, in accordance with the agricultural mechanization Department, participate in the examination of the competent Department of people's Governments at the county level agricultural mechanization organization.
Examination, issued by the competent authority shall, within 2 working days of agricultural mechanization corresponding certification. Tractors, combine harvesters certification which is valid for 6 years; the expiration of the tractor and combine harvester operator may apply to the issuing authority renewal. Under 18 years of age shall not operate tractors, combines.
Operators over the age of 70, the County's agricultural mechanization Department shall cancel its certification. 23rd tractors, combine harvesters should be flying licence.
Road on a tractor, combine transitions need to be transferred for operation, maintenance, safety and inspection, the operator shall carry the certification.
Tractors, combines, the operator shall not be any of the following acts:
(A) the operations and operations documents their conformity with the provisions of the tractors, combines;
(B) the operation does not comply with the requirements of registration, inspection or test failed, incomplete safety facilities of tractors, combine harvesters, mechanical failure;
(C) State regulation of psychoactive drugs, narcotics operation after tractors, combines;
(D) suffering from disease operations impede the safe operation of tractors, combines;
(E) the mechanization of other prohibited acts stipulated by the competent Department under the State Council.
In violation of regulations prohibiting the use of tractors, combine harvesters manned.
24th agricultural machinery operator before the work, safety inspection of the agricultural machinery; operations, shall comply with the mechanization of agriculture departments under the State Council and the provincial, autonomous region or municipality Department of agricultural mechanization safety rules.
Fourth chapter
25th competent departments of the local people's Governments at or above the county level agricultural mechanization agricultural machinery accident identification and mediation.
Farm machinery accidents mentioned in these regulations refers to agricultural machinery in operation or transfer of events cause personal injury, death, property damage in the process. Agricultural machinery in traffic accidents on the roads, traffic management by public security organs in accordance with the road traffic safety laws and regulations; road tractor traffic accidents that occurred, the public security organs traffic management Department received a report with reference to road traffic safety laws and regulations.
Agricultural machine road and ancillary facilities to damage caused by accident, by the Department of transport in accordance with the treatment of highway law and regulations. Agricultural machinery outside the 26th in the road accidents, operations personnel, and other personnel shall immediately stop work or stop the transfer of agricultural machinery, to preserve the site and causing personnel's injury should be reported to the agricultural mechanization Department where the accident occurred causing deaths, should also be reported to the public security organ in the accident. Causing bodily harm, should take immediate measures to rescue the injured.
Due to change in rescuing the injured, shall be indicated.
Received a report of the agricultural mechanization Department and the public security organs shall be immediately sent to the scene to conduct an inquest or examination, gathering evidence and organize the rescue of the wounded, restore normal production order as soon as possible.
Article 27th after a field inspection and examination of agricultural machinery, agricultural mechanization Department shall, within 10 working days completed certificate of farm machinery accidents; agricultural machinery identification is required, shall receive identification conclusion issued by the accreditation body for agricultural machinery produced within 5 working days from the date of certificate of farm machinery accidents.
Agricultural machinery agricultural machinery accidents, accident report shall set forth the facts, the causes and the responsibilities of the parties and produced agricultural machinery accident report within 3 working days from the date served.
Controversial article 28th of agricultural machinery accident damages, request conciliation, shall on the date of receipt of the certificate of the accident Department of agricultural mechanization in writing, within 10 working days from application for mediation. A conciliation agreement, Department of agricultural mechanization of mediation to the parties. Mediation agreement signed by the parties after the entry into force. Mediation fails to reach agreement or the parties to the court proceedings, departments shall terminate the mediation of agricultural mechanization and notify the parties in writing.
Mediation agreement the parties defaulting may initiate litigation to the people's Court. Article 29th of agricultural mechanization Department of agricultural machinery accident damages, for the parties to deal with matters such as providing help and convenience.
For agricultural product quality causes accidents, mechanization of competent Department shall issue the relevant documents.
Mechanization of agricultural machinery accidents, competent authorities shall regularly statistics and illustrative material submitted to higher authorities with a copy to the same level of agricultural mechanization safety supervision and management departments.
Farm machinery accidents constitute a production safety accident, shall, in accordance with relevant laws and administrative regulations of investigation and accountability.
The fifth chapter services and supervision Article 30th local people's Governments at or above the county level agricultural mechanization Department shall endanger the personal and property safety of agricultural machinery under regular free safety inspection on the ground.
But road safety legal provisions of safety inspection of tractors from its provisions.
Safety inspection of tractors, combines, 1 time per year.
Implementation of safety and technical inspection bodies shall be liable for the results.
31st Department found in the safety inspection of agricultural mechanization farm machinery accidents, should inform all its people to stop using and to promptly eliminate hidden dangers.
Implementing safety inspection Department of agricultural mechanization to summarize the safety inspection, establishment of agricultural machinery safety supervision and management files.
Article 32nd combined Harvester TRANS, before competent departments shall, jointly with relevant departments of the local people's Governments at the county level of agricultural mechanization, necessary safety checks on cross-administrative operation of combine harvesters, and operator safety.
33rd the agricultural mechanization Department should be analytical assessment of the State of agricultural machinery safe to use on a regular basis, publishing-related information.
Article 34th industrial departments under the State Council for agricultural machinery industry situation should be regularly monitored and analyzed in accordance with advanced, safe, reliable, energy-saving environmental protection requirements, in conjunction with the agricultural mechanization Department, quality supervision departments and other departments concerned, State decrees published out of agricultural machinery product catalog. 35th endanger personal and property safety of agricultural machinery reaches end of life conditions, should stop using, to be scrapped.
Scrap condition by the agricultural mechanization Department of agricultural machinery in conjunction with the quality supervision Department, the Industry Department.
Competent Department of people's Governments at the county level agricultural mechanization to reach end of life conditions endanger the personal and property safety of agricultural machinery, shall notify all of its people. 36th State to reach scrap condition or you are using a country already has been officially eliminated recovered for agricultural machinery.
Measures shall be formulated by the Department of agricultural mechanization of agricultural machinery in conjunction with the financial sector, Department of Commerce.
37th collection of agricultural machinery by the Department of people's Governments at the county level agricultural mechanization supervision and recovery units for the dissolution or destroyed. Article 38th operations found in the agricultural product quality, service quality issues, parties can contribute to the local people's Governments at or above the county level agricultural mechanization Department or local quality supervision departments and industrial and commercial administrative departments at and above the county level complaints.
Complaints on matters falling within the terms of reference of the Department, they shall be dealt with matters not falling within the terms of reference, shall promptly hand over power to handle sector, competent to deal with the sector should be dealt with immediately, no excuse.
Local people's Governments at or above the county level agricultural mechanization departments above the county level and the local quality supervision departments, administration for industry and commerce shall regularly total agricultural product quality, service quality complaints and escalation.
39th the agricultural mechanization Department and the provincial, autonomous region or municipality Department of agricultural mechanization based on complaints and agricultural production needs, organizations using security identification and focus on specific kinds of agricultural machinery, and publishing the results.
40th agricultural machinery safety supervision and management of law enforcement officers in the field when agricultural machinery safety supervision and inspection, yards and other places, you can take the following measures:
(A) to the relevant units and individuals to understand the situation, check out, copy the relevant information;
(B) inspection of tractors, combines, certificates, licences and documents about the operation;
(C) examination endangers the security of personal and property safety of agricultural machinery, agricultural machinery on major accident hazards, order the parties to immediately stop work or stop the transfer of agricultural machinery, and repair;
(D) ordered operators to correct irregularities of agricultural machinery. 41st agricultural attempted to escape after the accident occurred, refused to stop the major accident hazards of agricultural machinery of assignment or transfer, local people's Governments at or above the county level agricultural mechanization Department can detain the agricultural machinery and certificates, licenses, certification. Agricultural machinery accidents, cases disposed of or responsible party to provide security, the local people's Governments at or above the county level agricultural mechanization seized should be returned without delay to the competent authority for agricultural machinery and the certificate, licence, document operation.
Major accident hazards, agricultural machinery, or use its all out before the risks may not continue to use it. 42nd agricultural machinery safety supervision and inspection, safety supervision and management of law enforcement personnel shall wear a uniform logo and produce a certificate of administrative law enforcement.
Agricultural machinery safety supervision and inspection, accident investigation and vehicle identification should be unified in the body spray.
Article 43rd mechanization Department may not be specified for the agricultural machinery maintenance operators. 44th mechanization Department shall regularly communicate to the public security organs traffic management departments at tractor registration, examination and the issuance of certificates, licences, operating documents.
Public security traffic administrative departments shall regularly communicate to the mechanization of agriculture departments at the same level of agricultural machinery on the roads of traffic accidents and processing.
The sixth chapter legal liability
Article 45th local people's Governments at or above the county level agricultural mechanization Department, Industry Department, quality supervision departments and industrial and commercial administrative departments and their staff, one of the following acts, directly responsible in charge and other direct liable persons shall be given sanctions, constitute a crime, criminal responsibility shall be investigated in accordance with law:
(A) the law of tractors, combines, safety inspection, registration, certificate, licence or not according to law the issuance of tractors, combine harvesters;
(Ii) certification without examination issued by a tractor, combine harvester, or qualified refused to authorize tractor, combine harvester operations certificate;
(C) does not meet the conditions of agricultural machinery maintenance certificate issued by, or who refused to meet the conditions of agricultural machinery maintenance certificate issued by;
(D) does not handle farm machinery accidents, or failing to produce agricultural machinery accident identification and other documents;
(E) agricultural machinery production, sales process does not perform its duties of supervision and administration;
(Vi) other acts that did not perform their duties in accordance with the provisions of this Ordinance.
46th article production, and sales using errors spare parts or scrap agricultural machinery of engine, and direction machine, and transmission, and frame, parts assembled of agricultural machinery of, by County above quality supervision sector, and business administration sector according to duties permission ordered stop production, and sales, confiscated illegal proceeds and illegal production, and sales of agricultural machinery, and at illegal products goods value amount 1 time times above 3 times times following fine; plot serious of, revoked license.
Agricultural machinery producers and sellers violates industrial product manufacturing license management technical standards, certification and accreditation administration, security management, and quality management, and punished in accordance with relevant laws and administrative regulations.
47th agricultural machinery sellers are not in accordance with the provisions of this Ordinance establish, keep sales records, industry and commerce administration departments at or above the county level shall be ordered to correct and give a warning; it refuses to, more than 1000 Yuan and 10,000 yuan fine and ordered rectification are serious, revoke their business licenses.
48th article not made maintenance technology qualified certificate or using forged, and variable made, and expired of maintenance technology qualified certificate engaged in maintenance business of, by County above place Government mechanization competent sector collection forged, and variable made, and expired of maintenance technology qualified certificate, deadline replacement about procedures, confiscated illegal proceeds, and at illegal business amount 1 time times above twice times following fine; late not replacement of, at illegal business amount twice times above 5 times times following fine, and notification business administration sector law processing.
49th article agricultural machinery maintenance operators using not meet agricultural machinery security technology standard of accessories maintenance agricultural machinery, or assembled, and modified agricultural machinery machine, or contract maintenance has reached scrap conditions of agricultural machinery of, by County above place Government mechanization competent sector ordered corrected, confiscated illegal proceeds, and at illegal business amount 1 time times above twice times following fine; refused to corrected of, at illegal business amount twice times above 5 times times following fine; plot serious of, revoked maintenance technology certificate.
50th article not according to provides handle registration procedures and made corresponding of certificate and licence, unauthorized will tractor, and combine input using, or not according to provides handle change registration procedures of, by County above place Government mechanization competent sector ordered deadline replacement related procedures; late not replacement of, ordered stop using; refused to stop using of, seized tractor, and combine, and at 200 Yuan above 2000 Yuan following fine.
Go through the relevant procedures by the parties, should be returned immediately seized tractors, combine harvesters.
51st forging, altering or using forged or altered certificate of tractors, combine harvesters and the licence, certificate and licence or use other tractors, combine harvesters, collected by local people's Governments at or above the county level agricultural mechanization Department of forge, alter or use of certificates and licences, for the law-given criticism and fined a maximum of between 2000 Yuan and 200 Yuan.
52nd without tractors, combines, certification and operation of tractors, combine harvesters, local people's Governments at or above the county level agricultural mechanization Department ordered corrective action and fines of between 100 Yuan and 500 Yuan. 53rd tractors, combine harvester operator and operation documents their conformity with the provisions of tractors, combine harvesters, or operation does not comply with the requirements of registration, inspection or test failed, incomplete safety facilities of tractors, combine harvesters, mechanical failure, or use after the State control of psychotropic drugs, narcotic operation of tractors, combines, or suffering from disease operations interfere with safe operation of tractors, combine harvesters,
Local people's Governments at or above the county level agricultural mechanization Department on the law-given criticism, correction; it refuses, penalty of between 100 Yuan and 500 yuan in serious cases, suspension of operation documents of the person concerned. 54th manned of tractors, combines, in violation of regulations, by the competent departments of the local people's Governments at or above the county level agricultural mechanization to the law-given criticism, correction; it refuses, seized tractors, combines, certificates, licences, in serious cases, suspension of operation documents of the person concerned.
Illegal operates road passenger transport, road transport management by the Department of transport, in accordance with laws, administrative rules and penalties.
Of the parties to correct violations, should be returned immediately seized tractors, combines, certificates and licenses.
55th found through testing, inspection of agricultural machinery accidents, informed by the agricultural mechanization Department refused to rule out and continue to use, by the competent departments of the local people's Governments at or above the county level agricultural mechanization to the law-given criticism, correction; it refuses to be ordered to stop using who refuses to stop using, seizure of farm machinery accidents.
Accident exclusion, shall be returned without delay seizure of agricultural machinery.
56th in violation of the provisions of this Ordinance, or cause bodily injury or property damage, shall bear civil liability activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.
The seventh chapter by-laws
57th mentioned in this Ordinance shall endanger the personal and property safety of agricultural machinery, refers to the personal and property safety of potentially damaging farm machinery, maneuvering plant protection machinery, including tractors, combine harvesters, thresher, feed mill, transplanter, hay machine.
58th article this regulation of agricultural machinery certificates, licenses, certification and maintenance certificate, by the agricultural mechanization Department, in conjunction with relevant departments under the State Council shall be designed, produced by the agricultural mechanization Department under the State Council.
59th tractor certification exam fees, safety and technical inspection fee and license fee, should strictly enforce the charges approved by the Department in charge of price under the State Council. 60th article of the regulations come into force on November 1, 2009.
