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Railway Transport Safety Protection

Original Language Title: 铁路运输安全保护条例

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(August 3, 1989 the 43rd Executive meeting of the State Council on August 15, 1989, People's Republic of China promulgated by Decree 39th release) (Editor's Note: this has been Executive meeting of the State Council on December 22, 2004, the 74th on December 27, 2004, People's Republic of China promulgated by Decree No. 430, announced effective as of April 1, 2005, the railway transport safety protection Ordinance repealed) Chapter I General provisions article in order to strengthen the safety management of railway,
    Ensure smooth railway transportation, this Ordinance is enacted. Article II of this Ordinance shall apply to People's Republic of China territory of country railways, local railways and industrial railways.
    Railway private sidings refer to this Ordinance.
    Third rail infrastructure and rail carriage of passengers, the safety of the goods is governed by the regulations.  
    Four railways must strictly implement the rail transport sector and its staff rules and regulations, to ensure transport safety.
    Article railway authorities and the local people's Governments at various levels shall maintain the railway, bus station and train order.
    Chapter II railway transport railway transport six staff of security must stick to their posts, according to procedures standard operating and committed to ensure transport safety. Article seventh passenger is required to buy ticket.
    Inbound, outbound, waiting should listen to the railway staff guidance, compliance with railway regulations.
Eighth article ban following disrupt railway station, and train order or against passenger lawful rights and interests of of behavior: (a) no tickets or holding failure tickets, and platform ticket ride; (ii) forged, and altered, and reselling tickets (including seat,, and sleeper,) or freight documents; (three) surrounding car, and with car selling or forced passenger purchase items; (four) from train Shang throwing threw debris; (five) in station, and train Shang grabs seat, and gambling, and fight fights, and belligerent trouble, and alcohol riot; (six) unauthorized into yard or adjustable yards;
    (G) grilled by freight train, (VIII) Rob or steal transportation of goods and railway equipment; (IX) interfere with railway staff on mission; (j) the illegal bearing of firearms, ammunition, knives, switchblades and other regulatory tools (11) other disruption, train order or violate the legal rights of passengers at railway stations.
    Nineth prohibits the following acts against the safety of railway traffic: (a) illegal interception of trains, (ii) on a railway track placing obstructions or hit the train, (iii) since railway subgrade within 20 metres of the geographical and railway protection forest to graze livestock and (iv) walk the line or sitting on the rail, (v) other actions endangering railway traffic safety.
Tenth prohibits the carrying of flammable, explosive and other dangerous goods trains or conceal, disguise shipping these items. In order to ensure transport safety, railway stations and trains staff to passengers carried or checked items to check for passengers to have an obligation to assist in the inspection.
    Checks are carried out in railway stations and trains staff, should be worn on duty sign, good manners to treat passengers, and ensure to check items in good condition.
11th road and pedestrian railway crossing shall comply with the national provisions relating to road traffic regulations.
    Railway departments should strengthen the management of the railway crossing, in accordance with the provisions relating to the management of the railway crossing of railways set up the protection facilities. 12th railway or level crossing accident, railway departments shall, in accordance with the relevant provisions of the investigation and handling of accidents, and quickly return to normal traffic.
    No unit or individual may obstruct routes and trains.
    Chapter III security of railway facilities 13th railway departments and their staff shall do their responsibilities, strengthening the management of railway facilities, regular inspections, maintenance, ensure it is in good technical condition.
    Article 14th prohibits the unauthorized move, remove or damage to railway installations and equipment.
    15th set at the railway crossing or crosswalk, erection power, telecommunication lines, buried cables and pipelines, facilities or uneconomical by underground tunnel of the railway subgrade, must be agreed by the railway authorities, and in accordance with the relevant safety requirements.
    16th without consent of the railway authorities shall not be threatened within the railway safety, set up production or storage places where inflammable and explosive materials and warehouse, construction, mining, quarrying or to light a fire burning.
17th article ban in railway bridge beam Shang downstream following range within stopped River built dam, and reclamation make, and quarrying dug sand and built other effect and against bridge security of facilities: (a) bridge long 100 meters above of bridge, Shang downstream the 500 meters; (ii) bridge long 20 meters above, and 100 meters following of in the bridge, Shang downstream the 300 meters; (three) bridge long 20 meters following of small bridge, Shang downstream the 200 meters.
    This section called "above" include the number, "the following" not including the number itself.
    18th boats when crossing the railway bridge, and must be in strict compliance with maritime rules and operational requirements to ensure railway safety.  
19th no units or individuals may damage railway side slope protection planting protective trees and lawn.
    Shelter wood felling be approved by the competent Department.
    20th prohibits curve the line and to build near crossing those driving up at the tall buildings and planting trees.
    21st important railway bridges and tunnels, in accordance with the relevant provisions of the State by the people's armed police force is responsible for guarding.
    22nd prohibits the illegal sale to or acquisition of railway equipment.
Fourth chapter Award and punishment 23rd article protection railway transport security, has following deeds one of of, by place Government and railway competent sector give award: (a) in railway rescue relief, and prevent accident in the deeds highlight of; (ii) report against railway security behavior, deeds highlight of; (three) maintenance railway security order, assist police organ cracked case, intercept, and captured criminals, deeds highlight of; (four) found or excluded line obstacles, and explosion items, guarantee railway transport security, deeds highlight of;
    (E) in the security work of outstanding deeds.
24th in violation of these regulations, the railway departments administrative penalties in accordance with the following provisions: (a) in violation of this section eighth and Nineth part (c), article 14th, railway departments may give him a warning or a fine.
(B) in contravention of this section Nineth part (a), (b), (d), (e) the provision, the Railway Department may impose a fine, and in accordance with the provisions of the State Council on re-education through labour, the attention of the competent authorities receiving reeducation-through-labor re-education through labor.
(C) the tenth article in contravention of this Ordinance, railways in addition to confiscation of cancelled trains or the consignment of dangerous goods qualification, and may also be fined. (D) violation of this Ordinance, 15th, 16th, 17th, 20th article, railway departments have the right to stop and be ordered to rectify.
Build facilities to interfere with railway transportation safety, but fails to mend, railway departments are entitled to take steps to force the dismantlement of the facility.
    (E) violations of the provisions of section 19th, by the railway authorities, in accordance with the People's Republic of China forestry law shall be punished.
    25th article 22nd in violation of this Ordinance, by organs of industry and commerce administration confiscated all their ill-gotten gains, and depending on the seriousness of, and impose a fine until revoked.
    26th in violation of the provisions of this Ordinance, railway departments or other units or loss of personal property shall bear liability.
    27th railway departments and their staff in violation of this article fourth, sixth and 13th article, by their competent units give the persons concerned in accordance with national administrative sanctions and financial penalties.
    28th in violation of these regulations, constitutes administrative penalties for public security, in accordance with the People's Republic of China public security administration punishment regulations of punishment constitutes a crime, shall be investigated for criminal responsibility by judicial organs. 29th the parties appealed against the decision of the railway sector, from the date of receipt of the decision on 15th up railway sector complaints or directly to a people's Court. Party up complaints in the railway sector, railway authorities at a higher level should be decided at the 30th.
    Party fails to appeal not to prosecute does not perform, the Department made the decision to apply to the people's Court according to law enforcement.
    Chapter fifth supplementary provisions article 30th by the railways is responsible for the interpretation of this Ordinance.
                                                                                                                    On the 31st article of the regulations as of the date of promulgation.