Farm Machinery Accidents Treatment

Original Language Title: 农业机械事故处理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347846.shtml

Farm machinery accidents treatment

    (January 12, 2011 Ministry of agriculture [2011] the 2nd release as of March 1, 2011) Chapter I General provisions article to regulate agricultural machinery processing, maintenance of agricultural machinery safety order, protect the legitimate rights and interests of farm machinery accidents parties, according to the agricultural machinery safety supervision and management regulations and other laws and regulations, these measures are formulated.

Second farm machinery accidents in these measures (hereinafter referred to as farm machinery accidents), refers to the agricultural machinery in operation or transfer of such events cause personal injury, death, property damage in the process.

Farm machinery accidents into major farm machinery accidents, major farm machinery accidents, large agricultural machinery and General machinery accidents:

(A) the special major farm machinery accidents, refers to the more than 30 people dead, or more than 100 seriously injured accident, incident or more than 100 million yuan of direct economic losses;

(B) the major farm machinery accidents, refers to caused the death of more than 10 people under 30, or 50 people for more than 100 people following serious injury accidents, or more than 100 million yuan of direct economic loss of 50 million Yuan;

(C) the large farm machinery accidents refers 3 people for more than 10 people died, or 10 more than 50 people injured in accident, or 10 million Yuan and 50 million yuan of direct economic losses;

    (D) General farm machinery accidents, refers to killing 3 people killed, or less than 10 serious injuries, or 10 million yuan of direct economic losses.

Article III competent departments of the local people's Governments at or above the county level agricultural mechanization agricultural machinery accident responsibility determination and mediation. Competent departments of the local people's Governments at or above the county level agricultural mechanization of agricultural machinery safety supervision authority (hereinafter referred to as agricultural machinery safety supervision organization) of the area of agricultural machinery in particular.

    Laws, administrative regulations, otherwise provided by the processing sector of agricultural machinery accidents, from its provisions.

    Article fourth of particularly significant, major, large farm machinery accidents, Ministry of agriculture, provincial agricultural mechanization Department and prefectural (City) level people's Government officers involved in the investigation and handling of agricultural mechanization Department respectively.

    Fifth farm machinery accidents should be a just, open, convenience, efficiency principle.

Sixth agricultural machinery safety supervision organization shall, in accordance with machinery standardization construction of accident handling requirements, exploration vehicles, equipped with necessary and accident scene investigation equipment, warning signs, imaging equipment, appliances and other equipment.

    Local people's Governments at or above the county level agricultural mechanization Department of agricultural machinery handling equipment and work requirements into departmental budgets.

    Seventh agricultural machinery safety supervision organization shall establish a 24-hour duty system, to the public duty phone, keep communication open.

Eighth agricultural machinery safety supervision organization shall do to the area of agricultural machinery accident reporting, farm machinery accidents promptly, accurately and completely submitted to the mechanization of agriculture departments at the same level and the higher agricultural machinery safety supervision organization.

Mechanization of agricultural machinery accidents, competent authorities shall regularly statistics of agricultural mechanization and illustrative material submitted to the superior authorities, with a copy to production safety supervision and management departments at.

    No unit or individual shall, not later than reported, fail, misrepresenting or concealing farm machinery accidents.

    Nineth agricultural machinery safety supervision organization shall establish a sound file management system of agricultural machinery accidents, designate a person responsible for archives management of agricultural machinery accident.

    Chapter II report and acceptance After tenth farm machinery accidents occur, farm machinery operators and other personnel shall immediately stop the operation or transfer of agricultural machinery, protect the scene and made a report to county agricultural machinery safety supervision organization where the accident occurred, causing personal injury, should also take immediate measures to rescue the injured; killed, should also be reported to the public security organ in the accident.

Due to change in rescuing the injured site, shall indicate where the equipment and personnel when the accident occurred.

    Farm machinery accidents occurred, causing no injuries, no dispute on the facts and causes of the parties, can be evacuated in agreement on matters relating to voting. 11th agricultural machinery party escaped after the accident occurred, farm machinery accident scene witnesses and other sources to the county where the accident occurred should agricultural machinery safety supervision organization or police reports.

    Agricultural machinery safety supervision agency receiving the report should assist the public security organs to carry out an investigation.

12th agricultural machinery safety supervision organization received the accident report shall record the following information:

(A) report, the reporting time, the informant's name, contact information, telephone report should also record calls;

(B) agricultural machinery the time and place of the accident;

(C) casualties and property losses;

(D) the types of agricultural machinery, such as license plate numbers, loading the goods;

    (E) the existence of accident suspect escapes.

13th received the accident report, County agricultural machinery safety supervision organization shall send exploration site, and within 24 hours from the time of the exploration site to decide whether filing.

    Parties have not made a report at the scene, farm machinery safety supervision organization after the accident processing, agricultural machinery safety supervision organization shall be recorded in accordance with the provisions of the present article 12th, and make a decision on whether to file in the 3rd. Article 14th verified facts exist and agricultural mechanization in jurisdiction, farm machinery safety supervision organization shall be filed, and shall inform the parties.

    Check is unable to prove that farm machinery accidents facts exist, or is not within the jurisdiction shall not be filed and shall inform the parties in writing and state the reasons. 15th farm machinery safety supervision organization of farm machinery accidents jurisdiction dispute, shall be submitted to the common ancestor of agricultural machinery safety supervision organization to exercise jurisdiction.

    Superior agricultural machinery safety supervision organization shall make a decision within 24 hours, and notify the parties to the dispute.

    Chapter III surveying 16th farm machinery accidents should be jointly handled by 2 or more farm machinery accidents.

    Farm machinery accident handling farm machinery accidents, should wear a uniform logo and produce a certificate of administrative law enforcement.

    Article 17th farm machinery accidents and the parties interested, may affect the impartial handling of cases, should be avoided.

Article 18th agricultural processors to arrive at the scene after the accident shall immediately undertake the following tasks:

(A) organize the rescue of the wounded;

(B) protection, surveying the scene of the accident, shooting photos, draws a scene graph, traces and evidence collection, extraction, and site survey record;

(C) involving flammable, explosive, poisonous, corrosive and other dangerous items of farm machinery accidents, shall immediately report to the local people's Governments, and to assist related work;

(D) agricultural machinery to damage caused electricity, communications and other facilities, it shall immediately inform the relevant departments;

(E) determining the agricultural party, suspect the accident, looking for witnesses, and interrogation;

    (F) the registration and protection of legacy items. 19th to participate in exploration of farm machinery accidents, a party or witness should figure in the field, for the purpose of record and sign or stamp on the interrogation.

Party refuses or is unable to sign, stamp, and no witnesses, should be recorded.

    Parties shall truthfully after the accident happened, not hide.

Article 20th accident investigation process, farm machinery safety supervision organization finds a party suspected of a crime, it shall be transferred to the public security organs dealing with; agricultural machinery for the accident in accordance with the People's Republic of China provisions of the law on administrative punishment, and antecedent register.

    Farm machinery accidents occurred attempting to escape, 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 legally detain the agricultural machinery and certificates, licenses, certification.

21st agricultural machinery safety supervision organization to inspect agricultural machinery, need physical and mental condition of the parties about the accident, body damage and speed, identify traces of agricultural machinery, agricultural machinery safety supervision organization within 3rd since the end of the scene should be entrusted to a qualified accreditation body identification.

    Requirements to the inspection and verification by the parties, farm machinery safety supervision organization shall present to the parties a qualified inspection, accreditation bodies, selected by the parties themselves.

22nd farm machinery at the scene of the accident investigation process, you can use the breath alcohol tester or saliva test strips, alcohol detection for farm machinery operators, the test results contained in the record shall be in crime scene investigation. Found party drink alcoholic beverages or take State control of psychotropic drugs, narcotic drugs suspected of, the specialized agencies of the Parties shall entrust a qualified extracting blood or urine, the associated test.

    Test results shall inform the parties in writing. Article 23rd farm machinery safety supervision organization should work with inspection, verification agency prescribe a period for inspection, verification and completion of the project, at the prescribed time shall not exceed 20th.

    More than the 20th, should approval of the farm machinery safety supervision organization at a higher level, but shall not exceed 60 days. 24th agricultural machinery safety supervision organization shall, from the date of receipt of the written report in the 2nd, inspection, verification report served. Party disagrees with the report of the inspection, verification, you can receive inspection and verification reports 3rd apply within days of inspection, verification. County agricultural machinery safety supervision authorities re-inspection, verification, should entrust inspection, an accreditation body or separately by the original inspection, verification agency assigned an appraiser.

    Again limited to one inspection and verification.

Farm machinery accident in 25th needed rescue treatment of the wounded, treatment costs are covered by the suspects of the incident and accident all prepaid in advance of agricultural machinery. Compulsory traffic accident liability insurance for motor vehicles insured tractor accident, rescue the injured need paid rescue expenses from insurance companies, agricultural mechanization Department shall notify the insurer in writing where the accident occurred.

    Rescue the injured need social aid disbursements by the Fund for road traffic accident, agricultural mechanization Department where the accident occurred should notify the road traffic accident social assistance fund management institutions, and to assist fund management institutions to recourse against the responsible for the accident. Article 26th agricultural accidents causing death, first aid, medical institution or medical examiner issued a death certificate.
Body shall be deposited in a funeral service or mortuary conditions of medical institutions.

Agricultural machinery accident victim's body to carry out an inspection, it shall notify the family of the deceased or agents arrived at the scene.

Anatomical identification of requirements, should ask the consent of the family of the deceased or the unit.

    Unable to determine the identity of the death, public security organs dealing with the transfer.

    The fourth chapter accident identification and review

27th farm machinery safety supervision organization determines the responsibilities of the parties should be based on the following conditions:

(A) the farm machinery accidents caused by any fault of the party, take full responsibility for that party;

(B) two or more parties for both parties at fault of farm machinery accidents, according to their behavior on the accident and the severity of the fault, respectively, bear the primary responsibility, the same responsibilities and secondary responsibility;

(C) the parties do not lead to agricultural machinery accident fault, which belongs to the accident, no obligation on the parties;

    (D) the party had deliberately caused the accident, no obligation of the other party.

    28th farm machinery safety supervision organization before accident identification, evidence should be reviewed:

(A) whether evidence was original, original, copy, copy with the original, the original match; (b) is in compliance with the law of evidence, evidence in the form of procedure;

(C) evidence of truthfulness of the contents;

(Iv) the witnesses or provide evidence of the witnesses and the parties have no interest.

    Meet the required evidence, can be used as a basis for farm machinery accident identification and do not meet requirements, inadmissible. 29th farm machinery safety supervision organization shall from the date of site survey in the 10th, making farm machinery accident identification and certificate of production of farm machinery accidents. Accident escape cases, shall be seized causing mechanical and operations after the certificate of production of farm machinery accidents in the 10th.

    To identify needs, shall from the date of receipt of the expert's conclusion in the 5th, certificate of production of farm machinery accidents.

Article 30th farm machinery accident report shall contain the following:

(A) parties, the basic situation of agricultural machinery and workplaces;

(B) the basic facts of the accident;

(C) evidence of the accident and incident analysis;

(D) the fault and responsibility of the parties or the cause of the accident;

(E) agricultural machinery safety supervision organization to apply for a review by the parties, mediation and directly to people's courts the right to bring civil proceedings, the term;

(F) agricultural machinery agricultural machinery safety supervision organization identified by name and farm machinery accident identification date.

    Farm machinery accident identification shall sign or seal by accident, with the Special seal for farm machinery accidents, and make the date served in the 3rd. 31st not found the perpetrators escape farm machinery accidents, farm machinery accidents of the injured party to require certificate of farm machinery accidents, farm machinery safety supervision organization shall, after receiving the written application the party certificate of production of farm machinery accidents in the 10th, and served on the party.

    Farm machinery agricultural machinery accident accident report shall set forth the time, place, victims and investigating the facts, there is evidence that the victim was at fault, determined the victim's responsibility; no evidence to prove that the victim is at fault, no obligation on identifying victims.

    Article 32nd farm machinery accident causes cannot be identified, agricultural machinery safety supervision organization shall issue a farm machinery accidents prove that contained farm machinery accidents occurred at a time, place, parties and investigating facts, serve on the party.

33rd party who disagrees with the determination of agricultural machinery, agricultural machinery from the date of service of the accident found within 3rd higher agricultural machinery safety supervision authority a written application for review.

    An application for review shall include the review of the request and the reasons for and the main evidence. Article 34th level on agricultural machinery safety supervision organization shall, after receipt of the written application for review by the parties in the 5th, making admissibility decisions.

Any party to the court proceedings and the Court has entered the criminal procedures or case, review the application as inadmissible, and notify the parties in writing.

    Farm machinery safety supervision agencies to accept the application for review at a higher level, and shall inform the parties in writing, and notify the original units within the 5th case of handling materials.

Farm machinery safety supervision organization at a higher level article 35th since the date of the request for revision was inadmissible in the 30th, review the following, and the review of conclusions:

(A) the farm machinery accidents facts clearly, whether sufficient evidence, the applicable law is correct;

(B) the Justice of the agricultural machinery Division of liability is;

(C) agricultural machinery accident investigation and found that the program is legal.

Written review of the approach to the review in principle, but the Parties requesting or farm machinery safety supervision organization may consider necessary, can convene the parties to hearings.

    During the review, any party in respect of the accident initiate litigation to the people's Court and the Court has entered the criminal procedures or cases, agricultural machinery safety supervision organization shall terminate the review.

Article 36th level on agricultural machinery safety supervision organization identified by the review considered farm machinery accidents in conformity with the provisions should be made to maintain farm machinery accident identification review conclusion; do not think of review of compliance should be to repeal the agricultural accident review conclusion finds, ordered the original units for handling investigations, found.

Review conclusions shall be served within the date of 3rd parties.

    Farm machinery safety supervision organization at a higher level review is limited to 1.

    On the 37th level review of agricultural machinery safety supervision organizations ordered to reconsider its findings, the handling units shall be in accordance with these measures again in the 10th survey new certificate of number of different farm machinery accidents, and served on the parties, and farm machinery safety supervision organization at a higher level for the record.

    The fifth chapter compensation mediation

    Article 38th of agricultural damage compensation dispute, could receive the farm machinery accidents found in books or at the level of agricultural machinery safety supervision organization upheld the agricultural accident review conclusions found within 10th of together written mediation request to the agricultural machinery safety supervision organization.

39th agricultural machinery safety supervision organization shall, in accordance with legal principles, fair, voluntary and timely, open farm machinery accident compensation conciliation, but unless withheld the request of one of the parties. Farm machinery safety supervision organization period of conciliation machinery accident damages for 10th.

Farm machinery accidents, starting from the date of the end of mediation for a funeral matters; for farm machinery accidents injured, disabled, mediation or residual begins from the date of the end of treatment; for farm machinery accidents caused property losses of mediation starting from the date the loss. Mediation of insurance-related compensation, agricultural machinery safety supervision organization shall advance 3rd time in conciliation, place, inform the relevant insurance agencies, insurance agencies can send staff to participate as third party mediation.

    Mediation agreement reached by farm machinery safety supervision organization auspices, could serve as a basis for insurance claims, applying for indemnity of the insured, the insurer shall, in accordance with the legal provisions and the contract for compensation.

40th the mediation participants include:

(A) the parties and their representatives or damages the obligee, the obligation of people;

(B) the owners or managers of agricultural machinery;

(C) agricultural machinery safety supervision organization considered it necessary to participate in others. Proxy shall be signed or sealed by the power of Attorney issued by the delegate.

Power of attorney shall set forth the matters entrusted and the permissions.

    Participate in mediation a party must not exceed 3.

41st conciliation machinery damage compensation dispute, in accordance with the following procedures:

(A) inform the parties rights and obligations of the parties;

(B) listen to the requests of the parties;

    (C) certificate of farm machinery accidents and related laws and regulations, the mediation reached a compensation agreement. 42nd a conciliation agreement, agricultural machinery safety supervision organization shall make a farm machinery service of the accident compensation conciliation the parties, mediation machinery accident damages the joint come into effect upon signature by the parties.

Mediation agreement the parties defaulting, it may bring a civil action.

Farm machinery accident compensation conciliation statement shall set out the following:

(A) the basis for mediation;

(B) agricultural profile of accidents and losses;

(C) for damages and the proportion of the parties;

(D) the project and the amount of damages;

(E) voluntary consensus opinion;

(F) compensation and duration;

(G) the mediation end date.

    Transfer of compensation payment by the parties themselves, requirements agricultural machinery safety supervision organization referred to by the parties, farm machinery safety supervision organization referred to, and note on the mediation machinery accident damages. Article 43rd mediation fail to reach an agreement, agricultural machinery safety supervision organization shall terminate the mediation and produced agricultural machinery accident compensation conciliation service of the end parties.

    End of farm machinery accident compensation conciliation statement shall set forth the reasons for failed to reach agreement.

    43rd during conciliation, the parties brought before the people's court civil procedure, without a legitimate reason not to participate in the mediation or not to use mediation, farm machinery safety supervision organization shall end mediation. 45th farm machinery accident damages in principle should be a one-time settlement payment.

    On the unidentified dead man's personal injury compensation, agricultural machinery safety supervision organization shall deliver the relevant compensation sector saving, right after the confirmation of damages, inform the departments concerned delivered right to damages people.

    Chapter Sixth accident report Article 46th provincial agricultural machinery safety supervision organization shall, in accordance with system of agricultural mechanization management statistical reports submitted monthly farm machinery accidents.

    Farm machinery accident report including number of farm machinery accidents, injuries, direct economic losses and the cause of the accident, and so on. 47th much more farm machinery accidents, accident farm machinery safety supervision agencies should immediately report to the Department of agricultural mechanization, and escalation to the Ministry of agriculture agricultural machinery supervision terminus. Must be reported for each level more than 2 hours.

If necessary, the farm machinery safety supervision organization can leapfrog report the accident.

Farm machinery accidents letters should include the following:

(A) the time and place of the accident, weather and site conditions;

(B) the operator's name, address, card holders;

(C) the number of casualties caused by accidents (including the number of persons unaccounted for) and casualties of the basic situation, the preliminary estimate of the direct economic loss;

(D) agricultural machinery of the accident aircraft type, license number, whether or not containing dangerous goods and dangerous goods categories;

(E) briefly after the accident;

(F) the measures that have been taken;
(VII) other reports.

Agricultural machinery within 7th day of the accident, changes in the number of casualties caused by accidents, it shall promptly remedy.

48th agricultural machinery safety supervision organization should be assessed monthly farm machinery accident analysis, evaluation and analysis of the situation of agricultural mechanization Department accident report. Information about the Department of Agriculture published once every six months, informed more than typical large farm machinery accidents.

    Provincial agricultural mechanization Department publish quarterly information, notification of a typical farm machinery accident.

    The seventh chapter penalty

49th Department of agricultural mechanization and agricultural machinery safety supervision organization shall have one of the following acts, to managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated in accordance with law:

(A) does not handle farm machinery accidents or not legally issued certificate of farm machinery accidents and other related materials;

(B) the late news, false negatives, false report or cover-up accidents;

(C) obstruct, interfere in accident investigations;

    (D) other acts that should be investigated for responsibility according to law.

50th farm machinery to deal with one of the following acts shall be given administrative sanctions constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated in accordance with law:

(A) not immediately implement the incident rescue;

(B) during the period of investigation and handling of accidents absence;

(C) the use of their positions, illegally occupied the property of others;

(D) solicit or accept a bribe;

(V) willful misconduct or negligence found factual errors, violation of legal procedures;

(F) should be avoided and does not shy away from that influence the just and fair;

    (VII) other affect the impartial handling of accidents.

51st agricultural machinery safety violations by the parties, farm machinery safety supervision organization finds that the date of the accident should be made in agricultural mechanization in the 5th, punished in accordance with the agricultural machinery safety supervision and Management Ordinance.

    Farm machinery accidents were accidents constitute a crime, agricultural machinery safety supervision organization shall make a guilty verdict after the entry into force of court, revoked its operating certificate; the tractor driver has escaped shall and lawfully may not regain the tractor driver's license for life decisions.

    The eighth chapter by-laws

    52nd farm machinery accidents instruments table format Special seal design, farm machinery accidents developed centrally by the Ministry of agriculture. 53rd International farm machinery accidents should be dealt with in accordance with this approach, and informed the Foreign Affairs Department assistance.

    Otherwise provided for by the State, from its provisions.

    54th provided herein "day" refers to working days, excluding holidays. 55th article of the rules take effect on March 1, 2011.