(On June 16, 2005 Ministry makes 2005 6th, announced since on August 1, 2005 up purposes) first chapter General first article for specification road goods transport and road goods transport station (field) business activities, maintenance road goods transport market order, guarantees road goods transport security, protection road goods transport and road goods transport station (field) about parties party of lawful rights and interests of, according to People's Republic of China Road transport Ordinance and the about legal, and administrative regulations of provides, developed this provides. Second engaged in the carriage of goods by road and the road freight transport station (farm) operated, shall comply with this regulation. Road freight transport operations mentioned in these regulations, means to provide public services, road freight transport activity of a commercial nature. Road freight transport by road General freight, road freight and special transport, road transport of large objects and road transport of dangerous goods. Special road freight transport in these rules, refers to the use of containers, cold storage equipment and special vehicles such as tank-containers for transportation of goods. Road freight transport station in these rules (field) (hereinafter "the Terminal"), refers to the facility based on the community to provide paid services, warehousing, storage, loading, information services, loading and unloading, cargo handling and other functions of the General cargo terminal (), less-than-truckload freight stations, container freight station, logistics centers and other locations. Third way cargo transportation and air cargo terminal operators shall operate, honesty and credit, fair competition. Road freight transport management should be fair, just, open and accessible. Fourth to encourage intensive road freight transport and network management. Encourages the use of containers, closed vans and multi-axle heavy truck transport. Fifth nation, traffic, road freight transport and terminal management. Local transportation departments of people's Governments at or above the county level shall be responsible for organization and leadership of the administrative areas of road freight transport and terminal management. Road transport authorities above the county level the concrete implementation of this administrative area of road freight transport and terminal management. Second chapter business license sixth article application engaged in road goods transport business of, should has following conditions: (a) has with business business phase adapted and by detection qualified of transport vehicles: 1. vehicles technology requirements: (1) vehicles technology performance should meet national standards operating vehicles integrated performance requirements and test method (GB18565) of requirements; (2) vehicles outside profile size, and axis load and contains quality should meet national standards road vehicles outside profile size, and axis load and the quality limited value (GB1589) Request. 2. vehicles other requirements: (1) engaged in large object transport business of, should has and by transport large object phase adapted of super heavy EMU; (2) engaged in refrigerated preservation, and tank type container, dedicated transport of, should has and transport goods phase adapted of dedicated container, and equipment, and facilities, and fixed in dedicated vehicles Shang; (3) engaged in container transport of, vehicles also should has fixed container of turned lock device. (B) meet the required conditions of the driver: 1. access to and corresponding motor vehicle driving license; 2. the age of 60 years; 3. districts, the municipal transportation authority on the carriage of goods by road regulations, vehicle maintenance and goods and basic knowledge for load retention test to qualify for and obtain qualification. (C) improve the safety management system, including the safe production responsibility system, safety in business operation, work safety supervision and inspection system, driver and vehicle safety management system. Seventh article application engaged in terminal business of, should has following conditions: (a) has with business scale phase adapted of Terminal room, and production scheduling Office, and information management center, and warehouse, and warehouse library shed, and site and road, facilities, and by about sector organization of engineering completed acceptance qualified; (ii) has with business scale phase adapted of security, and fire, and handling, and communications, and measurement, equipment; (three) has with business scale, and business category phase adapted of management personnel and professional technicians; (D) have a sound business practice and safety management systems. Eighth article application engaged in road goods transport business of, should to county road transport management institutions (not containing set district of city belongs district transport management institutions, with) proposed application, and provides following material: (a) road goods transport business application table (see annex 1); (ii) head identity proved, handling people of identity proved and Attorney; (three) motor vehicle car driving card, and vehicles detection qualified proved copies; intends acquisition transport vehicles of commitment book, commitment book should including vehicles number, and type, and technology performance, and Purchase time content; (d) hired or intended to hire a driver's motor vehicle driving license, qualification certificate and its copy; (v) the text of the safety management system, (vi) other materials stipulated by laws and regulations. Nineth article application engaged in terminal business of, should to county road transport management institutions proposed application, and provides following material: (a) road transport station (field) business application table (see annex 2); (ii) head identity proved, handling people of identity proved and Attorney; (three) business road terminal of land, and housing of legal proved; (four) Terminal completed acceptance proved; (five) and business phase adapted of professionals and management personnel of ID ming, and professional certificate; (F) operational procedures and safety production management system of text. Road transport management body shall, in accordance with article XI of the People's Republic of China Road transport regulations, the implementation of communications administrative license procedure rules and standardized procedures for the implementation of road freight transport operations and the air cargo terminal business of administrative licensing. 11th road transport road freight management application to be accepted by the authorities, should be made effective as of the date of acceptance in the 20th approval or disapproval decision; road transport freight terminal management application to be accepted by the authorities, should be made from the date of acceptance of the 15th approval or disapproval of the decision. 12th road transportation management agencies to comply with the statutory conditions of road freight transport operators apply for a decision on approving an administrative license is made shall issue a written decision on the licensing for the road freight transport operations (see annex 3), explicit permission. 10th within the road transport operators permit issued to the licensee, indicated on the operating range of the road transport operators permit. Road transportation management agencies to comply with the statutory conditions of the cargo terminal business apply for a decision on approving an administrative license is made, shall be issued by the road freight transport station (field) book of business licensing decision (see annex 4), explicit permission. 10th within the road transport operators permit issued to the licensee, indicated on the operating range of the road transport operators permit. No permission for carriage of goods by road and the air cargo terminal business, no communications administrative license shall be issued to the applicant of decision. 13th licensee shall in accordance with the requirements of the commitment to purchase transport vehicles. Purchase of vehicles or vehicles have been verified by the road transport authority and in accordance with the conditions, road transport management institutions to invest in the transport vehicle allotment road transport certificates. 14th road goods transport operators and road transport operators permit air cargo terminal operators shall take the relevant registration formalities with the industrial and commercial administrative authority according to law. 15th road goods transport operators to set up subsidiaries, shall apply to the establishment of the road transport administration license; set up branch offices, should take to the road transport authority report. 16th road freight and air cargo terminal operators need terminates its operation, shall be notified prior to the termination date of 30th original licensed road transport authority and the relevant cancellation procedures. 17th road cargo transport operators change the licensing, expanded its scope of business, according to the licensing requirements of this chapter shall be followed. Road freight transport and terminal operators to change the name, address, and so on, should be made to the road transport administration for the record of the original licensing decisions. Chapter III freight vehicle management 18th road goods transport operators shall establish vehicle technical management system, in accordance with the technical specifications set by the State for freight vehicles are regularly maintained to ensure vehicle technology is in good condition. Vehicle maintenance operations and procedures should be in accordance with national standards of the vehicle maintenance, inspection, diagnose technology specification (GB18344) and other relevant regulations of the technical standards. Any unit and individual is strictly prohibited for carriage of goods by road vehicle maintenance enterprises designated operators; implementation shall not be used as the vehicle second class maintenance check, road test road program. 19th road goods transport shall regularly carry out freight vehicle detection, vehicle inspection vehicle testing frequency is carried out together on a regular basis. Road freight transport operators within the specified time, to meet national standards of automobile comprehensive performance testing agency for testing. Automobile comprehensive performance testing in accordance with the national standards of the vehicles performance requirements and testing methods (GB18565) and the road vehicle size and axle load limits and quality (GB1589) of the test and issue any national unified form of test report. And according to the test results, the operating vehicle technical classification against industry standards and assessment requirements (JT/T198) evaluation of vehicle technology. Vehicle technical grade is divided into primary, secondary and tertiary. Car nationals above the County transportation authority vehicle technologies and skills in road transport should be indicated on the certificate. 20th road transport authorities above the county level should be regularly testing the freight vehicles, testing once a year. Testing includes vehicle technical archives, vehicle structure and size changes, and violation records. Testing to meet the requirements of road transport authority indicated in the factual record of the road transport certificates; do not meet the requirements, shall be ordered to correct or change procedures. 21st overall performance testing agencies should use standards-compliant facilities, equipment, strictly in accordance with the relevant operating vehicle technical testing standards for vehicle testing, responsible for vehicle inspection reports issued by, and the vehicle establishment of test files. 22nd article prohibiting the use of scrap, unauthorized modification, Assembly, test failed and other vehicle engaged in the carriage of goods by road comply with State business. 23rd road goods transport operators and road transport authorities above the county level should be established freight vehicle technical files and managing files and safekeeping. Records of relevant content should be timely, complete and accurate, and shall not be arbitrarily changed. Main content archives for operators of road freight transport vehicles technology: General information, main parts replacement of vehicles, repair and maintenance records (including factory certificate), technical grade records, changed records, mileage records, records of traffic accidents, and so on. Road transport administration management main contents are: Basic, secondary and testing of vehicles, technical grade records, changed records, records of traffic accidents, and so on. When handling the transfer procedures of road freight transport vehicles, road freight transport operators, should the transfer of freight vehicle technical documents are complete. Vehicle road transport authorities above the county level on the operators supervise and administer the technical archives establishment. 24th road goods transport operators scrap to reach the national standards or testing does not meet national mandatory standards of freight vehicles, road transport certificates shall be returned in a timely manner, and may continue to engage in road freight transport operations. Fourth chapter 25th road of freight management freight road transport operator shall, in accordance with the scope of business approved business engaged in cargo transport business, shall not transfer, lease of road transport business licenses. 26th carriage of goods by road in China should carry out regular safety, education, and business knowledge and practice for training. 27th road cargo transport operator shall, in accordance with relevant regulations of the State in its heavy freight vehicles, installed on the tractor, used digital tachograph, and to take effective measures to prevent the driver continued driving for more than 4 hours. 28th road goods transport operators should be required to hire vehicle drivers onboard of the road transport certificates. The road transport permits may not be transferred, leased, altered or forged. 29th road goods transport operators shall employ drivers holding a qualification certificate. 30th trading drivers should be driving vehicles corresponding to their qualification category. While driving commercial vehicles, should carry a qualification certificate. 31st approved for the transport of goods shall conform to the vehicle load, loading length, width and height must not violate the filling requirements. Prohibition of cargo overloaded, overloaded transport vehicles in violation of the relevant provisions. Prohibiting the use of freight vehicles to transport passengers. 32nd road goods transport operators, transport large object, should develop road transport organization scheme. Involving the transport of excess shall enact overlimit traffic, traffic, highway regulations for appropriate approval procedures. Article 33rd vehicles engaged in transport of large objects, should be in accordance with the required unified signs and flying the flag; night driving and parking at rest should sign. 34th road cargo transport operator shall not transport laws and administrative regulations prohibit transport of goods. Road freight transport operator acceptance of laws, administrative regulations, restricted, voucher, transport of goods, shall check and verify that the relevant procedures are complete and valid before they can transport. The shipper of the goods shall, in accordance with the relevant laws and administrative regulations restricted, voucher, transport facilitation. 35th road goods transport operators shall not take unfair means to solicit goods and monopoly supply. Shall not impede the transport of other cargo operators to carry out normal business activities. Road goods transport operators should take effective measures to prevent deterioration, rot, shortage or loss of the goods. 36th road goods transport operators and shippers of goods shall, in accordance with the requirements of the law of contract, enter into contract of carriage of goods by road. Road freight transport can be promulgated by the Ministry of the automobile cargo transportation rules recommended by road freight waybills entered into a contract of carriage. 37th state encourages a closed type and transport. Road freight transport operators should take effective measures to prevent goods shed, young Isaac and other conditions. 38th road goods transport operators shall draw up the relevant traffic accidents, natural disasters, public health, road transport and other public emergency contingency plans. Contingency plans should include reporting procedures, emergency, emergency vehicles and equipment reserves and the disposal measures, and so on. 39th traffic accidents, natural disasters, public health and other public emergencies, road freight transport operators should be subject to above the county level people's Government or the relevant Department of the control, command. 40th road goods transport operators should strictly abide by relevant State pricing laws, regulations and rules provides that no malicious price competition. Fifth 41st air cargo terminal operators shall be in accordance with Chapter terminal operations management license approved for license management, not free to changes in user and Terminal Services. 42nd air cargo terminal operators shall strengthen safety management, improve work safety conditions, to improve and implement the responsibility system for production safety. For outbound vehicles air cargo terminal operators should conduct security checks to prevent overloading vehicles or vehicles without security checks to ensure safety. 43rd air cargo terminal operators shall be in accordance with the nature of the goods, storage requirement store, the dangerous goods shall be kept separate to ensure that goods are intact. 44th transport packaging of the goods shall, in accordance with national standards for transport of goods packaging operations, packaging and packaging technology and quality to meet the transportation requirements. Business practice for 45th air cargo terminal operators shall comply with the requirements for cargo handling loading and unloading. Transportation and handling operations should be light, light relief, a tidy, prevents mixing, leakage, damage, non-toxic, pollution items mixed with food. 46th air cargo terminal operators shall strictly implement the provisions prices, items and charges published in the site. Fees is strictly prohibited. 47th entered the terminal operating business operators and vehicles operating procedures must be complete. Terminal operators should be fair to use the Terminal road cargo transport operator, prohibit unlicensed vehicles stop engaging in business activities, without any justified reason, shall not refuse to stop road freight transport operators engaged in business activities. 48th air cargo terminal operators shall not be monopoly source, grab the goods and seizure of the goods. 49th air cargo terminal to maintain clean, service signs stand out. 50th air cargo terminal operators to operate cargo services should adhere to the voluntary principle, supply and capacity information provided shall be true and accurate. 51st air cargo terminal operator shall not overload, overload distribution, or for non-road transport operators permit or license is not providing services shall not violate the relevant provisions of the State, for vehicle loading and unloading country prohibited, and restricted items. 52nd air cargo terminal operators shall draw up the relevant public emergency contingency plans. Contingency plans should include reporting procedures, emergency, emergency vehicles and equipment reserves and the disposal measures, and so on. 53rd air cargo terminal operators shall set up and perfect the various ledgers and files, and to submit the relevant information as required. Sixth chapter 54th road transport authority of supervision and inspection should be strengthened for road freight transport operations and the air cargo terminal business activities of supervision and inspection. Road transport authority staff should be strictly in accordance with the terms and legal procedures for the supervision and inspection. 55th road transportation management agencies and their staff should focus in cargo terminals, cargo distribution on road goods transport, cargo terminal operations supervision and inspection. In addition, according to management, supervision and inspection at the highway crossing, road transport vehicles should not be blocked to normal traffic, no two-way intercept vehicles are checked. 56th road transport management agency staff when conducting supervision and inspection, should be more than 2 participants, from the parties and present a unified system of traffic, traffic law enforcement document. 57th road transportation management staff will be able to check and personal information, review and copy relevant materials. However, shall keep confidential the business secrets of the units and individuals under investigation. Supervision and inspection of the units and individuals shall be subject to road transport management body and its staff shall implement supervision and inspection, provide relevant information or data. 58th road transport managers in the Terminal, cargo distribution in the process of conducting supervision and inspection, find freight vehicle overloading should be stopped immediately, load in accordance with standard rear release. 59th road goods transport operators in the road transportation management of the licensing authority outside the region of illegal business activities, violations of road transportation management institution shall forward the party's illegal facts, punishment on the results to the road transport certificates, and business license copy of road transport road transport authority. 60th road goods transport operators in breach of this provision's refusal to accept the punishment, road transport authorities above the county level can be temporarily suspended its road transport road transport permits issued by the management authority certificates, issuance of pending certificate, accept the punishment and return. 61st road transport authority staff in the implementation of the road transport inspection process, not road transport certificates cannot provide proof of a valid vehicle on the spot can be temporarily and issue of withholding documents for road transport vehicles (see annex 5). Suspended vehicles shall take good care of, you may not use, shall not charge or charge a storage fee in disguise. Illegal parties shall withhold documents within the specified time to specified places for treatment. Fails to accept treatment, road transport management body made the decision in accordance with law and the written decision to the parties. Party without due cause fails to perform the penalty decision, road transport management body may apply to a people's Court for compulsory execution. Seventh chapter legal responsibility 62nd article violation this provides, has following behavior one of of, by County above road transport management institutions ordered stop business; has illegal proceeds of, confiscated illegal proceeds, at illegal proceeds twice times above 10 times times following of fine; no illegal proceeds or illegal proceeds insufficient 20,000 yuan of, at 30,000 yuan above 100,000 yuan following of fine; constitute crime of, law held criminal: (a) not made road goods transport business license, unauthorized engaged in road goods transport business of; (B) fail, forged, altered, cancelled and other road transport operators that are not valid license to engage in road freight transport operations, (iii) beyond the matter of licensing, road freight transport operations. 63rd in violation of this provision, road freight transport and air cargo terminal operators of illicit transfer, lease of road transport operators license, by the road transport authorities above the county level shall be ordered to desist from the illegal act, collection of relevant documents of less than 2000 Yuan and 10,000 yuan fine has illegally obtained, confiscation of illicit proceeds. 64th in violation of this provision, acquisition of road freight transport operators of licensed road freight transport vehicles using road transport permits to participate in transport of goods from road transport authorities above the county level shall be ordered to correct, between 10000 and 3000 Yuan Yuan fine. Violation of these provisions, road freight transport operators do not carry pursuant to the provisions of the road transport certificates, the road transport authorities above the county level shall order rectification, warning or fined not more than 20 Yuan and 200 Yuan. 65th in violation of this provision, road freight transport operators, terminal operators have opened does not have the required security conditions, major transportation safety, by the road transport authorities above the county level shall be ordered to correct the deadline; not corrected as required in the time allotted and the circumstances are serious, by the road transport licensing authority shall revoke the license or revoke the appropriate scope. 66th article violation this provides, road goods transport operators has following case one of of, by County above road transport management institutions ordered corrected, at 1000 Yuan above 3000 Yuan following of fine; plot serious of, by original license organ revoked road transport business license or revoked its corresponding of business range: (a) forced attract goods of; (ii) no take necessary measures prevent goods off, and Yang sub of. 67th article violates this provision, road freight transport operators not complying with the provisions of maintenance and inspection of transport vehicles, the road transport authorities above the county level shall order rectification, of up to between 5000 and 1000 Yuan fine. 68th in violation of this provision, road freight transport operators ' use of unauthorized modification or unauthorized modifications have been made to the certificate of road transport vehicles, by the road transport authorities above the county level shall be ordered to correct, more than 5000 Yuan and 20,000 yuan fine. 69th article violation this provides, has following behavior one of of, by County above road transport management institutions ordered stop business; has illegal proceeds of, confiscated illegal proceeds, at illegal proceeds twice times above 10 times times following of fine; no illegal proceeds or illegal proceeds insufficient 10,000 yuan of, at 20,000 yuan above 50,000 yuan following of fine; constitute crime of, law held criminal: (a) not made terminal business license, unauthorized engaged in terminal business of; (ii) using failure, and forged, and variable made, and Road transport operators permit cancellation is not valid in the air cargo terminal business; (iii) beyond the matter of licensing, engaged in terminal operations. 70th article violation this provides, motor vehicle integrated performance detection institutions not by national about technology specification for detection, and without detection issued detection results or not truthfully issued detection results of, by County above road transport management institutions ordered corrected, confiscated illegal proceeds, illegal proceeds in 5000 Yuan above of, and at illegal proceeds twice times above 5 times times following of fine; no illegal proceeds or illegal proceeds insufficient 5000 Yuan of, sentenced 5000 Yuan above 20,000 yuan following of fine; constitute crime of, Criminal responsibility shall be investigated according to law. 71st in violation of this provision, air cargo terminal operators on overrun and overload vehicles loading, release out of the station, the road transport authorities above the county level shall order rectification, fines of between 10,000 yuan and 30,000 yuan. 72nd in violation of this provision, air cargo terminal operators allowed to change road transport station (field) use and services, by the road transport authorities above the county level shall order rectification refuses, 3000 Yuan fines has illegally obtained, confiscation of illicit proceeds. 73rd article violation this provides, has following behavior one of of, by County above road transport management institutions ordered deadline rectification, rectification not qualified of, be informed: (a) no established freight vehicles technology archives of; (ii) no according to national about provides in freight vehicles Shang installation driving records instrument of; (three) large object transport vehicles not by provides hanging, and marked transport logo of; (four) occurred public burst sex event, not accept local government unified scheduling arrangements of; (five) for stowage caused super limited, and overload of; (F) transport is not restricted to prove material; (VII) is not identification of embargoes, restricted materials prove that embargo stowage, restricted materials. 74th article road transport management institutions of staff violation this provides, has following case one of of, law give corresponding of administrative sanctions; constitute crime of, law held criminal: (a) not in accordance with this provides provides of conditions, and program and term implementation administrative license of; (ii) participation or disguised participation road goods transport and terminal business of; (three) found violations not timely investigation of; (four) violation provides intercept, and check normal driving of road transport vehicles of; (five) illegal detained transport vehicles, and The road transport certificates; (vi) ask for and accept other people's property, or seeking other interests; (VII) other illegal activities. Eighth chapter supplementary articles 75th road goods transport operators engaged in international road freight transport operators, transport of dangerous goods activities, apart from the General code of conduct for these provisions, relating to working conditions, traffic, and other special requirements to be applied to develop international road transport regulations, road transport of dangerous goods regulations. 76th Sino-foreign joint ventures, Chinese-foreign cooperative, sole ownership investment in road transport of goods and cargo terminal operations, in accordance with the regulations on the administration of foreign investment in the road transportation management. 77th road transport authority in accordance with the provisions of road freight transport operators permit and road transport certificates, you can charge a nominal fee. Cost of specific charges by the provincial people's Government finances, price approved by the competent departments of transportation departments. 78th these provisions come into force on August 1, 2005. Released on May 19, 1993, the road freight transport, traffic, account opening technology and economic conditions (for trial implementation) (delivery [1993]531), released on December 2, 1996, the road less-than-carload goods transport regulations (Highway [1996]1039), released on May 22, 1997, the management of road freight waybills, and (1997, 4th, traffic,), released on April 5, 2001 Road freight transport enterprise quality management regulations (trial) (cross road [2001]154) repealed simultaneously. 附件1： 附件2： 附件3： 附件4： 附件5： ___________________________________________________
