Transportation Emergency Management

Original Language Title: 交通运输突发事件应急管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201203/20120300362023.shtml

Transportation emergency management

    (November 14, 2011 Ministry of transport [2011] the 9th release come into force on January 1, 2012) Chapter I General provisions

    First to standardize the transportation emergency response activities, control, mitigate and eliminate emergencies caused by hazards, according to the People's Republic of China Law on emergency responses and relevant laws, administrative regulations, this provision is enacted.

    Article transportation emergency preparedness, monitoring and early warning, emergency response and ending with rehabilitation and other activities, these provisions shall apply.

    Transportation emergency in these rules refers to sudden, cause or may cause transport damage, transportation interruption, obstruction, major marine pollution and marine oil spill emergency response, emergency measures were needed to evacuate or rescue workers, emergency transport of natural disasters, accidents, public health incidents and social safety incidents.

    Third State transport departments of transportation emergency management work throughout the country.

    Transportation departments at or above the county level in accordance with the Division of responsibilities is responsible for the transportation of emergency management within their respective jurisdictions.

    Fourth transportation emergency response activities shall follow the principle of territorial management, under the unified leadership of the local people's Governments at all levels, and establishment of classification, classification management, coordinated transport emergency response management system.

    Article fifth transportation departments at or above the county level shall, jointly with relevant departments to establish emergency coordination mechanism, strengthen transportation emergency management work together.

    Chapter II emergency preparedness

    Sixth the Transportation Department is responsible for preparing and publishing a national transportation emergency support system construction plan, overall planning, construction of national transport emergency response team, emergency equipment, and emergency material support base, reserve and emergency capacity, relevant content into national emergency support system planning.

    All provinces, autonomous regions and municipalities directly under the transportation sector is responsible for compiling and disseminating local transport emergency response support system planning, overall planning, construction of the area emergency response teams, emergency equipment, and emergency material support base, reserve and emergency capacity, relevant content into local emergency support system planning.

    Transportation departments under the State Council shall, in accordance with article seventh overall national emergency contingency plans and specific emergency plans, develop transportation emergency response plan for emergency departments.

    Transportation departments at or above the county level shall, in accordance with the level of local people's Governments and superiors of the Department of transport-related emergency response plans, develop transportation emergency preparedness in this sector.

    Transport enterprises shall, in accordance with the location traffic and Transport Department of emergency contingency plans, developed the transportation emergency response plan.

    Eighth emergency plan should be in accordance with the relevant provisions of laws and regulations, transport emergency nature, characteristics and degree of social danger and might need to provide the transportation of emergency safeguard measures, clear emergency management organization and command system and responsibilities, monitoring and prevention, disposal procedures, emergency safeguard measures, rehabilitation and reconstruction, training and exercises and other details. Nineth formulation or revision of the emergency procedures shall comply with the relevant provisions of the State.

    Emergency plans involving other relevant functions in the development process should seek the views of relevant departments.

    Article tenth of the Department of transport emergency planning should be level people's Governments and superiors of the Department of transport-related emergency bridging.

    11th Transportation Department's emergency plan should be submitted to the next higher transportation departments and the people's Governments at the corresponding level for the record.

    Public transport, major ports and stations operating units as well as storage and transportation of flammable goods, hazardous chemicals, radioactive materials and other dangerous goods transportation enterprise develop emergency plans, shall belong to departments of transportation.

    12th contingency plans should be based on actual needs, circumstances change and walkthrough to verify, amendments in due course.

    13th transport authorities and transport enterprises shall, in accordance with the relevant requirements for planning and contingency plans, according to the actual needs of the emergency response, establish emergency equipment and contingency reserves, maintenance, administration and allocation system, reserves are necessary for emergency supplies and transportation, with the necessary specialized emergency transport and emergency communications equipment and to ensure that emergency supplies and equipment under normal use conditions.

    14th transport authorities can transport the practical need of emergency treatment, overall planning, construction and traffic transportation emergency response team.

    Transport enterprises shall, in accordance with actual needs, built by full-time or part-time emergency response team consisting of employees in this unit.

    15th transport departments should strengthen emergency response team emergency response capacity and quality construction, strengthening the professional responders and emergency team of non-professional cooperation, joint training and exercises, improve emergency response capabilities.

    Transportation authorities according to the emergency needs, and other emergency forces to provide necessary emergency cooperation.

    16th transport authorities within their jurisdiction should be emergency equipment, emergency supplies, transportation stocks and real time emergency response team promptly of any superior transportation departments and the people's Governments at the corresponding level for the record.

    Transport enterprises shall put the unit emergency equipment, emergency supplies, transportation stocks and real time emergency response team report the transportation departments in a timely manner.

    Article 17th all included in the transportation emergency response personnel emergency response team, their unit should take out personal accident insurance, are equipped with the necessary protective gear and equipment, reducing the risk of emergency personnel.

    18th transport departments according to practical needs to encourage volunteers to participate in emergency transportation emergency response activities.

    19th transport authorities can create expert advisory system, hire an expert or professional body, to transport emergency response activities to provide relevant advice and support.

    20th transportation departments should establish and improve the transportation emergency response training system, and according to traffic and transport situation and needs, organize transportation of emergency knowledge dissemination activities.

    Transport enterprises shall, in accordance with Transport Department emergency requirements, development of annual training plans, organizations to carry out emergency response training.

    21st transportation authorities, transport enterprises shall, in accordance with the local area, transportation emergency type and characteristics of the unit, develop emergency exercise plan, organize transportation emergency drills on a regular basis.

    22nd transport authorities should encourage and support research and development for transport emergency prevention, monitoring, early warning, emergency response and rescue of new technologies, equipment and tools.

    23rd transport departments under the people's Governments at the corresponding level finance budget, provision of emergency fund annual budget, establishment of a special fund for emergency work.

    Transport enterprises shall arrange emergency special funds to protect transportation needs of the emergency response.

    Special emergency funds and funds are mainly used for emergency procedures and revisions, emergency response training exercises, emergency equipment and team building, daily emergency management, emergency information, and emergency response measures.

    Chapter III monitoring and early-warning

    24th transportation departments should establish and improve the transport emergency information management system, collect, statistics, analysis, reporting, traffic incident information.

    Transportation departments should establish an information sharing mechanism with the relevant departments, timely access to transportation-related emergency information. 25th article traffic and transport departments should establish emergency risk assessment mechanisms that affect or may affect the transportation of information summarized and analyzed in a timely manner and, if necessary, with the relevant departments to discuss and assess the possibility of emergency and possible damage, the study identified measures, develop response options.

    May cause significant or major incidents should be immediately to the level people's Governments and upper level transportation departments report relevant information. 26th transport authorities are responsible for traffic accident hazard management within their respective jurisdictions.

    To investigate the hazards, hazardous area, registration, risk assessment, organization checks, monitoring, and ordered authorities to take safety precautions.

    Transportation within the enterprise should organize the transportation emergency hazard identification, assessment and take appropriate safety precautions, enhanced hazard monitoring and management, and timely reporting to departments of transportation.

    27th transport authorities should be based on natural disasters, accidents, public health incidents and social safety incidents of types and characteristics, establish and improve the transport emergency information database, equipped with the necessary equipment, facilities and personnel on emergency-prone areas to strengthen monitoring.

    28th Transportation Department of transportation emergency response command and communication systems should be established.

    29th transport authorities and transport enterprises shall establish emergency duty system, according to transportation emergencies the kinds, characteristics and actual needs, equipped with the necessary facilities and personnel on duty.

    30th after the local people's Governments at or above the county level shall declare a warning period, transportation departments under alert level and the characteristics of transport emergencies that may occur, take the following measures:

    (A) start the appropriate transportation emergency preparedness;

    (B) according to the need for emergency coordination mechanism, strengthen communication and coordination with relevant departments;

    (C) in accordance with the respective transportation authority requirements and superior of the local people to guide transportation enterprises take preventive measures;
(D) strengthening emergency, development tracking, enhancement of duty and information reporting;

    (V) as mandated by the local people's Governments, publishing related information, publicity to avoid, mitigate against common sense and put forward proposals for specific measures to prevent or mitigate harm and advice;

    (F) to organize emergency rescue teams and personnel put on standby to mobilize emergency response capacity and equipment required, testing is used to transfer transport transportation and emergency communications equipment, make sure it is in good condition;

    (G) strengthen the transportation hub, a key navigation structures, field station, major ports, terminals and key transport routes and waterways inspection maintenance;

    (H) the laws, regulations or other emergency belongs to the local people's Governments proposed measures.

    31st transportation departments shall, in accordance with developments as well as the decisions of the local people's Governments, and appropriate measures taken to adjust or stop.

    The fourth chapter emergency

    32nd transportation emergency disposal should be carried out under the unified leadership of the people's Governments at all levels.

    33rd transport emergencies occurred, transport authorities should immediately start the appropriate contingency plans, under the leadership of the people's Governments at the corresponding level, organized, deployed the transportation emergency disposal.

    34th transport after the dramatic events of, responsible for or involved in emergency transportation authority shall, in accordance with the relevant provisions and the actual needs, to adopt the following measures:

    (A) the organizational capacity to evacuate, evacuate the trapped men, organized search and rescue persons in distress in the emergency, organized transport of emergency supplies;

    (B) the mobilization of personnel, material, equipment, tools, the damaged transportation infrastructure repair, Rob, or to provide temporary facilities;

    (C) controls on dangerous source and dangerous region, set up warning signs;

    (D) take the necessary measures to prevent secondary and derivative disaster occurs;

    (V) necessary, request the people's Government and superior transportation authorities to coordinate relevant departments, launched joint mechanism, joint contingency operations;

    (F) in accordance with the provisions of the emergency procedures for reporting emergency information and advances in emergency situations;

    (VII) establish a spokesperson system, according to the people's Governments at the corresponding level of delegate or authorize and related provisions, uniform, timely and accurate emergency information and the media to the public;

    (VIII) other necessary measures to control, reduce and eradicate.

    35th transport emergencies beyond the level transportation departments dispose of ability or jurisdiction, transportation authorities may take the following measures:

    (A) the requesting parent Transportation Department according to emergency needs in financial, material, equipment and facilities, emergency response teams and other support;

    (B) the requesting parent Transportation Department to coordinate incidents occurred around the transportation departments to give support;

    (C) the requesting parent Transportation Department dispatched working group to guide and related professional and technical personnel;

    (D) in accordance with established emergency coordination mechanism, coordinate relevant departments involved in emergency response.

    Article 36th on the need to organize a massive evacuation, materials and distribution of the cases, transportation authorities shall, according to the local government or by the Transportation Department's instructions, organization capacity to participate in emergency transportation in a timely manner.

    37th transport enterprises shall strengthen the unit emergency equipment, facilities, personnel and management to ensure timely and effective development of emergency work.

    Transportation emergency disposal process, transport enterprises shall be subject to Transportation Department Organization, scheduling and conducting. Article 38th transport authorities required by emergency tasks, can use the units and individuals transport and related equipment and other materials.

    The relevant units and individuals shall cooperate with.

    The fifth chapter ending and aftermath

    39th transportation emergency threats and hazards be controlled or eliminated, transportation departments in charge of emergency shall, in accordance with the relevant people's Government decided to stop the implementation of emergency measures and to take the necessary measures in accordance with the relevant requirements, preventing secondary, derivative.

    40th Transportation transportation emergency treatment after the Transportation Department responsible for the emergency assessment of emergency handling and transportation to the superior authorities and report the people's Governments at the corresponding level.

    41st transport emergency response after the transport competent authorities shall, in accordance with the relevant national enabling affected by emergencies and regional development policies and the people's Governments at the corresponding level of restoration and reconstruction planning, development of appropriate transport rehabilitation plan and organize the implementation of, reconstruction of the damaged transportation infrastructure, eliminate damage and impact of the incident. 42nd due to emergency work to be expropriated transportation tools, equipment and materials used shall be promptly returned.

    Means of transport, equipment and supplies has been requisition or expropriation after the damage to or loss should be compensated in accordance with the relevant laws and regulations.

    The sixth chapter supervision

    43rd transport departments should establish and improve emergency management oversight of transportation inspection and assessment mechanisms.

    Supervision and inspection should include the following:

    (A) the emergency organization establishment;

    (B) the formulation and implementation of emergency plans;

    (C) size of the contingency reserve;

    (D) emergency response team;

    (E) dangerous sources monitoring the situation;

    (Vi) information management, submission, publication and publicity;

    (VII) emergency training and drills;

    (VIII) Special Fund for emergency and financial implementation;

    (IX) emergency disposal of the assessment.

    44th transport administrative departments should strengthen the transport enterprises and other units in the area of the emergency direction and supervision.

    45th article violates this affected a transportation emergency response activities effective, by its superior Transportation Department ordered corrective action, criticized in serious cases, directly in charge of personnel and other persons in accordance with relevant regulations of the corresponding sanction; causing serious consequences, penalty shall be imposed by the relevant authorities or pursue the corresponding responsibility.

    The seventh chapter by-laws

    Article 46th maritime administrative agency and local government transportation departments at all levels on water traffic safety and prevention of pollution from ships, emergency response activities, in accordance with the relevant laws and regulations.

    General production safety accident emergency response, in accordance with the relevant laws and regulations of the State. 47th article of the regulations come into effect on January 1, 2012.