Department Of Transportation Decision On Amending The Provisions On Administration Of Old Transport Vessels

Original Language Title: 交通运输部关于修改《老旧运输船舶管理规定》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253018.shtml

Department of transportation decision on amending the provisions on administration of old transport vessels

    ~10 (November 30, 2009 People's Republic of China Ministry of transportation announced come into force on the date of promulgation, 2009 14th)

    The Ministry of transport decided to make the following changes in provisions on administration of old transport vessels: First, add a sixth entry in the article: "single hull oil tanker refers to do not have meet the requirements of domestic ships inspection specification double bottom tanks and double side tankers (oil barge).

    ” Second, an article shall be added as article 38th: "in order to protect the aquatic environment, has put into operation but has failed to meet the mandatory scrapping of old single hull tankers implementation deadline eliminated. And implemented at a specific time is determined by the Ministry of transport announced separately.

    ”

    In addition, order, and part of the text of the provision made corresponding adjustments and modifications.

    This decision shall come into force as of the date of.

    According to this decision the provisions on administration of old transport vessels be amended accordingly and publish it again.

    Report: provisions on administration of old transport vessels (2009 revision)

    (July 5, 2006 published on November 30, 2009, the Ministry of transport, traffic, the modification of decision amended the provisions on administration of old transport vessels)

    Chapter I General provisions

    First to strengthen the management of old transport vessels, optimization of waterway capacity, improving skills, ensure water transport safety, promoting the healthy development of the cause of water transport, these provisions are formulated.

    Provisions of this article apply with People's Republic of China nationality, engaged in water transport ships and river boats.

    Provisions of this article, the following terms mean:

    (A) the age, refers to the ship from the date of completion to today's life;

    (B) purchase, rent vessels of foreign nationality age, refers to the ship from the date of completion to the competent Business Department or its authorized sectors and mechanical and electrical products import licence issued by the agency or the automatic import license from the date of issuance of the age;

    (C) the old transport vessels, refers to the age of this article fourth and fifth ships above the minimum age provided for in article;

    (D) abandoned ship, is that permanent cannot be engaged in water transport ship;

    (E) the scrap ships refers to permanent cannot be engaged in water transportation of steel ships;

    (F) single-hull oil tankers, refers to do not have meet the requirements of domestic ships inspection specification double bottom tanks and double side tankers (oil barge).

    Article fourth of old ships are divided into the following types:

    (A) high speed passenger ships in more than 10 years old, is a kind of old ships;

    (B) in more than 10 years old of ro-ro ships, passenger and cargo ships, passenger ferries, passenger ferries (including train ferries), cruise ships, passenger ships, old ships for two classes;

    (C) in more than 12 years old oil tankers (including asphalt ship), bulk-chemical tanker, liquefied gas ships, three old sea-going vessels;

    (D) age more than 18 bulk carriers, ore carriers, four old ships;

    (E) in more than 20 years old cargo boat, bulk cement ships, refrigerated vessels, general cargo ships, multi-purpose vessels, container ships, wood boats, tugboats, push, barge, for five types of old ships.

    Fifth River of old ships are divided into the following types:

    (A) high speed passenger ships in more than 10 years old, is a kind of old river vessels;

    (B) in more than 10 years old of ro-ro ships, passenger and cargo ships, passenger ferries, passenger ferries (including train ferries), cruise ships, passenger ships, two old river vessels;

    (C) in more than 16 years old oil tankers (including asphalt ship), bulk-chemical tanker, liquefied gas ships, three old river vessels;

    (D) age more than 18 bulk carriers, ore carriers, four old river vessels;

    (E) in more than 20 years old cargo boat, bulk cement ships, refrigerated vessels, general cargo ships, multi-purpose vessels, container ships, wood boats, tugboats, push, barge (includes oil barge), five old river boats.

    Sixth national classification technical supervision and management system of old transport vessels, has reached the mandatory scrapping of old transport vessels compulsory scrapping system.

    Seventh people's Governments above the county level transportation departments in accordance with these provisions and other provisions to manage access to and operation of old transport vessels, and entrusted it with the set of shipping management agency responsible for the management of old transport vessels.

    A maritime administrative agency according to relevant laws and administrative regulations and these provisions on the supervision and administration of old transport vessels to implement security.

    Chapter II administration of ship acquisition, rental, conversion

    Article eighth purchase of vessels of foreign nationality or to lease foreign vessels engaged in bareboat condition waterborne transport, the ship must comply with the provisions of the appendix to the present provisions of acquisition, rental of vessels of foreign nationality age requirements, its main hull, mechanical and electrical equipment and safety, anti-pollution devices shall conform to the technical regulations for statutory survey of ships.

    Purchase, rental of foreign oil tankers, the hull should be consistent with the 1973 as amended by the 1978 Protocol, annex I of the International Convention for the prevention of pollution from ships, the requirements of the oil pollution prevention regulations.

    Nineth acquisition of foreign nationality in these rules ship, to lease foreign vessels bareboat condition, including purchased or bareboat charter conditions of leasing from abroad, but has not yet legally in China ship inspection certificates, certificates of nationality of a ship over vessels of foreign nationality, and vessels of foreign nationality acquired through auction.

    Tenth article of any organization or individual is allowed to purchase scrap vessels of foreign nationality engaged in water transportation or rental bareboat condition scrap vessels of foreign nationality engaged in sea transport.

    11th more than to the provision scrapping old vessels of foreign nationality shall not engage in domestic sea transport.

    12th acquisition of vessels of foreign nationality or to lease foreign vessels bareboat condition to vessels operating in sea transport, purchase and the lessee should be aware of the age and technical condition of the ship, and handle the related formalities in accordance with the following procedure:

    (A) the acquisition or rental of foreign nationality before the ships of class one, two or three, to the local people's Governments at or above the county level shall be in accordance with the relevant provisions of the State Transportation Department to increase the capacity of application, and submitted to the approval of the Ministry of transport;

    (B) the acquisition of vessels of foreign nationality or to lease foreign vessels bareboat condition after, according to law to the maritime administrative agency authorized inspection body for initial inspection of a ship, made issued a ship inspection certificate;

    (C) the acquisition of vessels of foreign nationality or to lease foreign vessels bareboat condition after obtaining the vessel inspection certificate, should apply to the maritime administrative agency, bareboat charter registration for registration of ships, made the vessel ownership registration certificate, issued by the nationality certificate or bareboat charter registration certificate and the provisional certificate of nationality of the ship;

    (Four) acquisition outside nationality ship or to light ship rental conditions rental outside nationality ship made ship nationality certificate or light ship rental registration certificate and the temporary ship nationality certificate Hou, business domestic waterway transport of, should by about provides to County above Government traffic transport competent sector proposed application, made ship operating card; business international transport of, Yu input operation Qian 15th to traffic Transport Department record, made record proved file.

    13th ship inspection bodies should be strictly in accordance with the ship's statutory survey technology and this provides for the acquisition of vessels of foreign nationality or the bareboat rental of vessels of foreign nationality the condition tested.

    14th ship registration authority should be strictly in accordance with the relevant shipping registration requirements and provides for the acquisition of vessels of foreign nationality or bareboat lease registration of vessels of foreign nationality the condition. 15th people's Governments above the county level transportation departments according to the relevant State water transport operate quality management regulations and the application of the provisions on management of water transport for review.

    Auditing is not qualified, shall not be issued to a ship operator or international shipping record-keeping certification documents.

    16th to four, five categories the ship class, class II and class III vessels engaged in sea transport, mutual conversion between three types of ships engaged in sea transport.

    Article 17th conversion of one, two or three classes of old transport vessels, shall be according to the capacity changes reported provisions of the approval of the Transport Department.

    Rebuilding of old transport vessels, ship inspection bodies must be accredited to the maritime administrative agency applying for construction inspection.

    Ship inspection bodies to the conversion of old transport vessels ship inspection certificate was issued, you should indicate the conversion date, but may not change the ship date.

    18th article of old transport vessels is remodeled, and before the alterations do not belong under the same type of ship, its special regular inspection age, forces scrapping age applicable to the conversion of old transport vessels types of provisions.

    Chapter III ship management

    19th ship owners or operators should adopt effective measures to strengthen the management of old transport vessels, ship maintenance, inspection should be shortened cycles and various electrical insulation resistance measurement cycles, no repair missing.

    20th ship owners or operators change the purpose or area of old transport vessels, ship inspection bodies must be accredited to the maritime administrative agency applying for a temporary test approved passenger and load line, the safety performance of the construction and equipment of ships and, if necessary, again measure the gross and net tonnages.

    Article 21st of old transport vessels engaged in domestic transport processing exit visas, in addition to the maritime administrative agency shall submit the relevant security certificates should also submit the ship operator.

    Did not submit valid shipping documents according to national regulation of old transport vessels, for which the maritime administrative agency shall not conduct port visa; to not submit the ship operator's certificate, shall also inform local transport authorities.

    22nd marine management institutions engaged in international transport should be of Chinese nationality of old transport vessels and in and out of the Harbor up to the old transport vessels of foreign nationality to strengthen supervision and inspection of ship life.
Article 23rd is not seaworthy or other prejudice, may hinder water traffic safety of old transport vessels, the maritime administrative agency according to the relevant laws, administrative regulations prohibit their arrival, departure, or ordered to suspend, change, drove to the designated location.

    24th the owner or operator shall, in accordance with relevant regulations of the State, apply to the ship inspection bodies approved by the maritime administration of old transport vessels to operate regular inspection.

    Failed to pass the inspection, shall carry on waterways.

    25th article of old transport vessels to reach the age of the appendix to the present provisions of the special regular inspection to continue the operation of sea transport, ship owners or operators of special regular inspection before and after the age of six months should be reached within the maritime administrative agency special regular inspection from the recognized inspection agencies, obtain the appropriate ship inspection certificate and report to approve operation of waterway traffic transportation departments.

    26th special regular inspection, continued the business of old transport vessels of water transport, the owner or operator shall, one year after the expiry of the special inspection on a regular basis for the first time a special inspection on a regular basis every year, obtain the appropriate ship inspection certificate and report to approve operation of waterway traffic transportation departments.

    The people's Government above the county level transportation departments found that the technical conditions of old transport vessels may affect safety of navigation, it shall notify the maritime administration.

    The technical conditions of old transport vessels may affect safety of navigation, the maritime administrative agency shall oblige ship owners or operators to ship inspection bodies is to seek testing.

    Article 27th according to the provisions of article 25th, 26th requirement so that a special regular inspection or failed to pass the special regular inspection of old transport vessels and should be scrapped.

    28th article up to this appendix provides mandatory scrapping of old ships, should be scrapped.

    Ship inspection certificate, shipping certificate of validity shall not exceed this appendix provisions of vessel forced scrap age date. Article 29th after the scrap, the ship operator or shipping date of the record-keeping certification documents from scrap failure, the owner or operator shall in the 15th days of ship scrapping the ship trading certificates returned to the issuing authority for cancellation.

    The ship inspection certificate by the issuing authority raise "shall not engage in water transport".

    30th prohibits the use of ships engaged in water transportation has been scrapped.

    Prohibiting the use of scrap ship equipment and other parts assembling ships engaged in sea transport.

    31st article scrapping ships into barges, water recreation facilities, as well as other non-transportation facilities shall comply with the relevant provisions of the State.

    Fourth chapter supervision and penalties

    32nd people's Governments above the county level transportation departments, the maritime administrative agency shall, in accordance with the relevant provisions of laws and administrative rules and regulations, to supervise and inspect the old transport vessels.

    Old transport ship owners or operators should accept the people's Governments above the county level transportation departments, maritime administrative agency shall conduct supervision and inspection, submit information on the certificate, or, may not refuse, conceal or commit fraud.

    Article 33rd old transport ship owners or operators in violation of the provisions of article 12th paragraph (d) provides that unauthorized commercial waterway transportation, according to the People's Republic of China administration of waterway transportation regulation article 26th (a) provides for administrative penalties.

    Article 34th in violation of the provisions of article 29th, operator of ships scrapped ships has not been returned to the original issuance of the Transport Department, in without prior approval of business-theory of water transport, under the People's Republic of China administration of waterway transportation regulation article 26th (a) provides for administrative penalties.

    35th ship owners or operators in violation of the provisions on ship registration, examination requirements, by the maritime administrative agency according to relevant laws, administrative regulations and rules provides for administrative penalties.

    36th transport authorities, maritime authorities of dereliction of duty, favoritism, abuse of power, shall be given administrative sanctions.

    The fifth chapter by-laws

    37th to protect national interests and the need to strengthen safety management, the Ministry of transport and temporary adjustments to the present provisions relating to age. 38th in order to protect the aquatic environment, has put into operation but has failed to meet the mandatory scrapping of old single hull tankers implementation deadline eliminated.

    And implemented at a specific time is determined by the Ministry of transport announced separately.

    39th only to ships engaged in engineering work on the water, and only engaged in operations within the port area of vessels such as tugs, workboats, these rules do not apply.

    More ships and other non-operating vessels engaged in sea transport, these provisions shall apply.

    40th Chinese ports to ships carrying one or two classes between foreign ports, need to be made to the age restriction, by bilateral agreement.

    41st by the Department of transportation is responsible for the interpretation of these provisions. 42nd article of the regulations come into force on August 1, 2006.

    April 9, 2001 released by the Ministry of the provisions on administration of old transport vessels (2001, traffic, 2nd) repealed simultaneously.

Appendix 1: the ships age standards
┌─────┬───────────┬────────┬────────┐
│ │ Shipping category purchase, rental special regular inspection of the vessels of foreign nationality age │ │ force scrapped old age │
├─────┼───────────┼────────┼────────┤
│ │ │ 10 years class of ships for more than 18 years │ 25 years │
├─────┼───────────┼────────┼────────┤
│ │ Second ship 10 years ¦ 24 years 30 years │
├─────┼───────────┼────────┼────────┤
│ │ │ 12 years three ships for more than 26 years │ 31 years │
├─────┼───────────┼────────┼────────┤
│ │ │ 18 years four ships for more than 28 years │ 33 years │
├─────┼───────────┼────────┼────────┤
│ │ │ 20 years five ships over 29 years │ 34 years │

└─────┴───────────┴────────┴────────┘

Appendix 2: Riverboat vessel standards
┌─────┬───────────┬────────┬────────┐
│ │ Shipping category purchase, rental special regular inspection of the vessels of foreign nationality age │ │ force scrapped old age │
├─────┼───────────┼────────┼────────┤
│ │ │ 10 years class of ships for more than 18 years │ 25 years │
├─────┼───────────┼────────┼────────┤
│ │ Second ship 10 years ¦ 24 years 30 years │
├─────┼───────────┼────────┼────────┤
│ │ │ 16 years three ships for more than 26 years │ 31 years │
├─────┼───────────┼────────┼────────┤
│ │ │ 18 years four ships for more than 28 years │ 33 years │
Heilongjiang │ │ │ │ 39 33 years to 18 years years │
│ 水系船舶 │                      │                │                │
├─────┼───────────┼────────┼────────┤
│ │ │ 20 years five ships over 29 years │ 35 years │
Heilongjiang │ │ │ │ 35 years to 20 years above 41 years of │
│ 水系船舶 │                      │                │                │ └─────┴───────────┴────────┴────────┘