Administrative Measures For Dynamic Monitoring Of Road Transport Vehicles

Original Language Title: 道路运输车辆动态监督管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398667.shtml

Administrative measures for dynamic monitoring of road transport vehicles

    (January 28, 2014 the Ministry of transport, Ministry of public security, the State administration of work safety announced 2014 of 5th July 1, 2014) Chapter I General provisions

    First to strengthen the road transport vehicle dynamic supervision and management, prevention and reduction of road traffic accidents, according to the People's Republic of China production safety law and the People's Republic of China implementation of the law on road traffic safety and the People's Republic of China Road transportation and other relevant laws and regulations, these measures are formulated.

    Second road transport vehicles, the use of satellite positioning device with recording function (hereinafter referred to as satellite positioning devices) as well as activities related to safety supervision and management, application of this approach.

    Article referred to road transport vehicles, including passenger cars used for Highway operation, the transport of dangerous goods cars, semitrailer tractors and heavy truck (total weight of 12 tons and above general freight vehicles).

    Article dynamic supervision and management of road transport vehicles should follow the enterprise monitoring, government regulation, the principles of networked control. 

    V transportation management agencies, the public security organs traffic management departments, safety supervision and management departments in accordance with the statutory duties and to exercise joint supervision and management for dynamic monitoring of road transport vehicles.

    Construction of chapter

Road transport vehicle positioning system article platform shall conform to the following standards:

(A) the technical requirements of the road transport vehicle positioning system platforms (JT/T 796);

(B) the road transport vehicle positioning system of communication protocols and data formats (JT/T-808),

    (C) of the road transport vehicle positioning system of data exchange platform (JT/T 809).

Seventh in road transport satellite positioning devices installed on the vehicle shall comply with the following standards:

(A) of the road transport vehicle positioning system vehicle terminal technology requirements (JT/T 794);

(B) the road transport vehicle positioning system of communication protocols and data formats (JT/T-808),

(C) the technical condition of motor vehicle safety (GB7258);

    (D) of the vehicle traveling data recorder (GB/T 19056). Road transport vehicle positioning system article platform and vehicle terminals through standards compliance to the technical review of the relevant professional bodies.

    Through standards compliance system platforms and in-vehicle terminal for the technical review, issue a public notice by the Ministry of transport.

    Article, road transport of dangerous goods in road passenger transportation enterprises enterprises and has more than 50 vehicles and heavy trucks or tractor road transport enterprises shall, in accordance with standard construction platform for dynamic monitoring of road transport vehicles, or use a qualified social positioning system monitoring platform (hereinafter referred to as platform), the owned road transportation vehicles and drivers running for real-time monitoring and management.

    Article new or change monitoring platform of road transportation enterprises, should adopt the relevant professional bodies of the system before going live platform technical review of standards compliance, and the road transport operators permit issued to the original road transport management body of the record.

11th offers socialized services for dynamic monitoring of road transport vehicles, shall be filed with the provincial administration of road transportation filings, and include the following materials:

(A) the Organization code certificate, business license;

(B) the standard terms of service, service commitments;

(C) perform the service of the relevant supporting documents;

    (D) by system platform standard compliance documentation of technical review. 12th tour buses, chartered buses, three working lines buses and cars for the transport of dangerous goods in the factory shall be installed in accordance with standard GPS devices.

Heavy duty truck and semitrailer tractor in the factory shall be installed in accordance with standard GPS devices and have access to the national public supervision and service platform of road freight vehicles (hereinafter referred to as common platform of road freight vehicles).

    For road transport vehicles vehicle manufacturers to install satellite positioning devices that match the criteria, should be installed with the car testimonial.

    13th road transport operator should purchase vehicles that meet the standards of satellite positioning devices installed and have access to meet the requirements of the monitoring platform.

    In monitoring platform, the 14th road transport enterprises shall complete and accurate entry belongs to the road transport vehicle and driver data and other information and updates in a timely manner.

15th road passenger transport enterprise enterprise monitoring platform for transport of dangerous goods and road access key should be operating vehicles interconnection control system (hereinafter referred to as networked control systems), and in accordance with the required dynamic information and business vehicles, drivers, vehicle-related information posted on the national road transport vehicle dynamics information common Exchange platform.

    Road freight enterprise monitoring platform should dock with the common platform of road freight vehicles, are required to enterprises, drivers, vehicle-related information posted on the public platform of road freight vehicles and receive a public platform of road freight vehicles forward freight vehicle dynamics information.

    16th road transport authority in handling operating procedures, should be for road transport vehicles with a satellite positioning device and access platform was audited. 17th satellite positioning devices installed on new vehicles, no unit or individual is allowed to disassemble.

    Except for the transport of dangerous goods vehicles accessing networked control system monitoring platform in accordance with the relevant standards for the appropriate settings, may not change the freight vehicle terminal control center domain name settings. 18th road transport authority is responsible for construction and maintenance of road transport vehicle dynamics information public service platform and implementation of maintenance funds to seek into the annual budget of the local people.

    Road transportation management agencies should be established step by step assessment and reporting systems, and ensure long-term stable operation of networked control system.

19th road transport authority, the public security organs traffic management, safety supervision and management departments should establish an information sharing mechanism.

    The public security organs traffic management departments, safety regulators required through road transport vehicle dynamics information public service platform, or collect system data on a regular basis at any time. 

    No unit or individual may unlawfully leaked the 20th article, removing, tampering with historical and real-time data in a dynamic positioning system platform.

    Chapter III vehicle monitoring

    21st road transport enterprises are the main responsibility of the road transport vehicle dynamic control. 22nd road passenger transport enterprises, transport enterprises of road dangerous goods and has 50 and over heavy truck or tractor road transport enterprises shall have full-time people.

Full-time monitor staffing according to monitor platform and 1 in each access 100 vehicles of standard equipment, not less than 2 persons minimum.

    People should learn related regulations and policies, transport, enterprise training, after passing the examination appointment. Article 23rd public platform of road freight vehicles are responsible for the individual vehicle and small road transport enterprises (with 50 heavy trucks or tractors), dynamic monitoring of freight vehicles.

    Public platform to set up monitoring of road freight vehicles, speeding and driver fatigue limits and automatically alerts the driver to correct violations such as speeding, fatigue driving.

24th road transport enterprises shall establish and improve dynamic monitoring and management system, standardized dynamic control:

(A) the system platform construction, maintenance and management system;

(B) the terminal installation, use and maintenance of the system;

(C) the monitor staff responsibilities and management system;

(D) the system of dynamic information processing and statistical analysis of traffic violations;

    (E) other systems need to be established.

25th road transport enterprises shall, in accordance with related laws and regulations, as well as vehicles travel the road's actual situation, in accordance with the provisions set limits of monitoring speeding and fatigue driving and approved business lines, regions and night-time in their vehicles during the real-time monitoring and management of vehicle and driver.

    Set limits for speeding and fatigue driving, shall comply with passenger pilots 24 hours total driving time, in principle, no more than 8 hours, driving no more than 4 consecutive hours during the day, night driving is not more than 2 hours, parking break of not less than 20 minutes at a time, passenger vehicle speed shall not exceed the speed limit during the day 80% night driving requirements.

26th article monitoring personnel should real-time analysis, and processing vehicles driving dynamic information, timely reminded driver corrected speed driving, and fatigue driving, violations, and records archive to dynamic monitoring Taiwan account; on by reminded still continues to illegal driving of driver, should timely to enterprise security management institutions report, security management institutions should immediately take measures stop; on refused to implementation stop measures still continues to illegal driving of, road transport enterprise should timely report police organ traffic management sector, and in after dismissed driver. Dynamic monitoring data should be retained for at least 6 months, and driving information and treatment should be retained for at least 3 years.

    Driver to traffic information, road transport enterprises should be dealt with promptly.

27th road transport operator should ensure that the normal use of satellite positioning devices, keeping the vehicle running online in real time.

    Satellite positioning device failure cannot remain online for road transport vehicles, road transport road transport operators are not allowed to engage in business activities.

    28th no unit or individual is allowed to destroy a satellite positioning device and malicious jamming signal, shielded satellite positioning devices shall not tamper with satellite-positioning device data. 

    Article 29th of satellite positioning system should provide continuous, reliable service to ensure vehicle dynamic monitoring data is true and accurate, ensuring the provision of monitoring services platform for safe and stable operation of the system.

    Fourth chapter of supervision and inspection

    30th road transport authorities should give full play to role of monitoring platform, dynamic monitoring of road transport enterprises on a regular basis the work of supervision and examination, and their integration into enterprise-quality credit standing assessment content, as the transport enterprise class line tenders and an important basis for annual testing.

    31st public security organs traffic management sector road transport vehicle dynamic control system can record traffic information as a basis for law enforcement, to investigate and punish.
Safety supervision and management departments shall, in accordance with the relevant provisions of article 32nd investigations of serious accidents, seriously investigate and deal with violations of these measures units and personnel.

    33rd road transport authority, the public security organs traffic management departments, safety regulators supervisors and inspectors can be checked to units and individuals to understand the situation, examine and copy relevant material.

Supervision and inspection of the units and individuals shall actively cooperate with supervision and inspection, provide relevant information and explain the situation.

    Of traffic accidents in road transport vehicles, road transport enterprises or public platform of road freight vehicles are responsible for immediately after receiving the information, the unit shall seal the vehicle dynamic monitoring data, with accident investigation, and truthfully provide vehicle dynamic monitoring data; the vehicle car video devices installed shall also provide video information. 

    Around the 34th to encourage the use of satellite positioning device, to statistical analysis of the business driver safety mileage, safe driver competition.

    The fifth chapter legal liability

    35th road transport authorities on satellite positioning devices are not installed in accordance with the requirements, or satellite positioning device is installed but not in networked control system (heavy trucks and semitrailer tractors failed to agree on common platform of road freight vehicles) normal display of vehicles, cannot be released or verification of the road transport certificates. 36th article in violation of the regulations, road transport enterprises, one of the following circumstances, the road transport authorities above the county level shall order rectification.

It refuses, fined a maximum of between 8000 and 3000 Yuan:

(A) road transport enterprises not using a standards-compliant platform, monitoring platform is not access network control system, in accordance with stipulations upload dynamic information of road transport vehicles;

(B) the traffic offence is not established or is not a valid dynamic information processing system, on the driver's traffic violation rate of less than 90%;

    (C) not provide full-time monitoring officer. 37th in violation of the provisions of these measures, road transport operators, the use of satellite positioning devices to fail vehicles engaged in business activities cannot remain online, by the road transport authorities above the county level shall be ordered to correct.

    It refuses, fine at 800 Yuan.

Article 38th in violation of the regulations, any of the following circumstances, the road transport authorities above the county level shall order rectification, fined a maximum of between 5000 and 2000 Yuan:

(A) destruction of satellite positioning devices and malicious jamming signal, shielded satellite positioning devices;

    (B) forgery, tampering, remove vehicle dynamic monitoring data.

    39th in violation of the regulations, road traffic accidents, 36th, 37th, 38th, and lawfully investigate the relevant personnel responsibility constitutes a crime, criminal responsibility shall be investigated according to law. 

    40th road transport authority, the public security organs traffic management staff in the implementation of these measures, security regulators in the process of neglect, abuse, deception, penalties constitute a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

41st before the implementation of these measures has access to the transport market of heavy duty truck and semitrailer tractors, before December 31, 2015 should be fully installed, the use of satellite positioning devices, and access to the public platform of road freight vehicles.

    Rural passenger transport vehicle dynamic supervision and management in accordance with the measures implemented. 42nd article of the rules take effect on July 1, 2014.