People's Republic Of China Inland River Maritime Administrative Penalty

Original Language Title: 中华人民共和国内河海事行政处罚规定

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(December 7, 2004 in 2004, traffic, 13th release as of January 1, 2005) contents chapter I General provisions chapter II chapter III applicable inland river maritime administrative punishment first illegal act against maritime administration and administrative penalties for breach of safety management of operators of all vessels and floating facilities, order a second breach of order inspection of vessels and floating facilities management section III violation of registration of vessels and floating facilities management order fourth breach of crew management order Fifth section violation sailing, and parked and job management order sixth section violation dangerous goods carrying security supervision management order seventh section violation navigation security guarantees management order eighth section violation ship, and floating facilities distress rescue management order Nineth section violation river traffic accident survey processing order tenth section violation control ship pollution waters supervision management order fourth chapter schedule first chapter General first article for specification River maritime administrative punishment behavior, guarantees and supervision maritime administration, dimension
    Nurse-inland water traffic, prevent water pollution from ships, protecting the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative punishment law (hereinafter referred to as the law on administrative punishment), the People's Republic of China inland river transportation safety management regulations (hereinafter referred to as the inland waterway traffic safety regulations), and other relevant laws, administrative regulations, this provision is enacted.
    Article in the People's Republic of China territory inland maritime administration of violating acts (hereinafter referred to as illegal act against maritime administration) of maritime administrative punishment, shall comply with the law on administrative punishment, the inland waterway traffic safety regulations and other relevant laws, administrative regulations, and these regulations.
    The provisions of article III of the said vessels and floating facilities management, including ships, floating facilities managers.
    Fourth certificate of competency in these rules or other certificates of competency, including seafarers ' certificates, certificate, crew services, books and other suitable documents.
    Vessel registration certificate in these rules, including the nationality certificate and ship ownership, mortgages, bareboat charter registration certificate.
    Fifth article this provides by said maritime administrative violations, including following behavior: (a) violation ship, and floating facilities all, and business people security management order of behavior; (ii) violation ship, and floating facilities test management order of behavior; (three) violation ship, and floating facilities registration management order of behavior; (four) violation crew management order of behavior; (five) violation sailing, and parked and job management order of behavior; (six) violation dangerous goods carrying security supervision management order of behavior;
    (VII) acts that violate the order of navigation safety guarantee management; (h) acts in violation of distress rescue vessels and floating facilities management, (IX) acts contrary to the inland traffic accident investigates the processing order; (j) acts that violate the order of supervision and management of the waters of prevention and control of pollution from ships.
    The sixth maritime administrative punishment, shall follow the legality, openness, fairness and the principle of combining punishment with education.
    The seventh article of the provisions implemented by the maritime administrative agency according to law.
    Chapter II inland maritime administrative punishment of the eighth article applies to maritime administrative punishment, it shall order the parties to correct or rectify illegal act against maritime administration.
    Nineth with two or more parties the same illegal act against maritime administration shall be given maritime administrative punishments respectively, concurrently.
    For the parties to a joint illegal act against maritime administration shall be given maritime administrative punishments respectively.
    The tenth maritime administrative punishment, should be illegal act against maritime administration adapted to plot as well as harm.
    11th article maritime administrative violations of party has following case one of of, should in accordance with administrative punishment method 27th article of provides, lighter or reduce give maritime administrative punishment: (a) active elimination or reduce maritime administrative violations against consequences of; (ii) by others stress implementation maritime administrative violations of; (three) tie maritime management institutions investigation maritime administrative violations has meritorious service performance of; (four) other law lighter or reduce administrative punishment of case.
    Illegal act against maritime administration minor and corrected in a timely manner, causing no harm, no maritime administrative punishment.
    Mentioned in the first paragraph of this article lighter given maritime administrative punishment according to law, refers to the law of maritime administrative punishment type, a lesser range given maritime administrative punishment.
    Mentioned in the first paragraph of this article mitigated given maritime administrative punishment according to law, refers to the law of maritime administrative punishment types, minimum given maritime administrative punishment.
    12th article maritime administrative violations of party has following case one of of, should from heavy give maritime administrative punishment: (a) maritime administrative violations caused serious consequences or plot bad; (ii) a years for same maritime administrative violations trained maritime administrative punishment; (three) stress, and lured others implementation maritime administrative violations; (four) legal, and administrative regulations provides should from heavy give maritime administrative punishment of other case.
    Mentioned in the preceding paragraph shall be given a heavier maritime administrative punishment, refers to the law of maritime administrative punishment type, given a heavier maritime administrative punishment within the range.
    13th to the parties the same illegal act against maritime administration shall not be given more than two maritime administrative punishment of fines.
    Parties is not in accordance with the provisions of the maritime administrative agency terms and ask for correction of illegal act against maritime administration, which belongs to the new illegal act against maritime administration. Third chapter River maritime administrative violations and administrative punishment first section violation ship, and floating facilities all, and business people security management order 14th article ship, and floating facilities of all or business people violation river traffic security management Ordinance sixth article subsection (three) items, and seventh article subsection (three) items of provides, ship not according to state traffic competent sector of provides equipped with crew unauthorized sailing of, or floating facilities not according to state traffic competent sector of provides equipped with master water Shang traffic security skills of crew unauthorized job of
    In accordance with the regulations of the inland waterway traffic safety management 65th of the rules, a rectification, fined 10,000 yuan and 100,000 yuan fine; fails to make corrections, shall be ordered to suspend or cease operation.
    This article Qian paragraph by said ship not according to state traffic competent sector of provides equipped with crew unauthorized sailing, including following case: (a) not according to ship minimum security distribution Member certificate of provides equipped with qualified of crew; (ii) not according to ship minimum security distribution Member certificate of provides equipped with foot number of crew; (three) not holds ship minimum security distribution Member certificate; (four) not holds effective of ship minimum security distribution Member certificate; (five) by equipped with of crew not carry effective crew positions certificate;
    (Vi) is not implemented as crews on duty to arrange the crew on duty or on duty; (g) is equipped with a crew member on board during the shift, alcohol affects security duty; (VIII) is equipped with a crew member on board during the watch, take banned medications affect safe operations; (IX) ship has not been in accordance with the provisions of the transportation departments of the State Council are outfitted with crew sailing in other circumstances without authorization.
    15th of vessels and floating facilities owners or operators in violation of the provisions of article tenth of the inland waterway traffic safety management regulations, instigating, forcing the crew of illegal operation, in accordance with the provisions of 80th of the inland waterway traffic safety management regulations, be warned, fined 10,000 yuan and 50,000 yuan fine, and can be ordered to suspend or cease operation.
    16th article ship, and floating facilities of all or business people violation river traffic security management Ordinance 12th article of provides, not according to national provides made ship pollution damage responsibility, and wreck salvage responsibility of insurance instruments or financial guarantee of, in accordance with river traffic security management Ordinance 67th article of provides, ordered deadline corrected; late still not corrected of, ordered suspended, and sentenced 10,000 yuan above 100,000 yuan following fine.
    Second section violation ship, and floating facilities test management order 17th article violation river traffic security management Ordinance sixth article subsection (a) items, and seventh article subsection (a) items of provides, ship, and floating facilities not holds qualified of test certificate unauthorized sailing or job of, in accordance with river traffic security management Ordinance 64th article of provides, ordered stop sailing or job; refused to stop of, temporarily buckle ship, and floating facilities; plot serious of, be confiscated.
    Referred to in the preceding paragraph of this article is not eligible to hold an inspection certificate include the following circumstances: (a) without a certificate of inspection, (ii) the inspection certificate expired; (c) the inspection certificate for damaged, lost, but not in accordance with the regulations for a replacement (iv) elements contained in the inspection certificate and the ship does not match the actual situation.
    18th article violation ship and sea facilities test Ordinance of provides, altered floating facilities, and goods container of test certificate, unauthorized change ship load line, or to cheat behavior gets ship, and floating facilities, and goods container of test certificate of, in accordance with ship and sea facilities test Ordinance 26th article of provides, revoked has issued of corresponding test certificate, and can ordered corrected or replacement about procedures.
    19th in violation of provisions of the regulations of the survey of ships and offshore installations, change the ship's load line without authorization, according to the survey of ships and offshore installations Ordinance provisions of 27th, criticized, and the inspection fee of 1 time times to 5 times times the fine.
    20th article violation river traffic security management Ordinance 13th article of provides, forged, and variable made, and sale, and loan, and take with ship test certificate of, in accordance with river traffic security management Ordinance 79th article of provides, confiscated about of certificate or documents; has illegal proceeds of, confiscated illegal proceeds, and at illegal proceeds twice times above 5 times times following of fine; no illegal proceeds or illegal proceeds insufficient 20,000 yuan of, at 10,000 yuan above 50,000 yuan following fine. 21st article violation safety method 62nd article of provides, ship test institutions issued false proved of, according to safety method 79th article provides, 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, single at or and at 5000 Yuan above 20,000 yuan following of fine, and revoked its corresponding qualification.
    Directly responsible to the head of personnel and other persons directly responsible for more than 5000 Yuan to 50,000 yuan fine. This article Qian paragraph by said issued false proved, including following case: (a) not according to provides of conditions, and program, and project, implementation trial figure and site test, issued wrong trial, and leak trial and wrong check, and missed plot serious of certificate, and test report, and test records; (ii) issued and ship of actual status inconsistent of certificate, and test report, and test records; (three) unauthorized reduced test technology standard issued certificate, and test report, and test records; (four) unauthorized expanded qualification recognized certificate recognized of range issued certificate, and test report, and
    Inspection records (v) taking other forms of fraud issue inspection certificates, test reports, inspection records.
    22nd article ship test institutions of test personnel violation ship and sea facilities test Ordinance of provides, abuse, and engages in, and negligence, and serious dereliction of, has following behavior one of of, in accordance with ship and sea facilities test Ordinance 28th article of provides, revoked its test qualification: (a) beyond terms range for ship, and facilities test; (ii) unauthorized reduced specification requirements for ship, and facilities test; (three) not according to provides of test project for ship, and facilities test;
    (D) is not in accordance with the provisions of the ship inspection procedures and installations (v) issued a ship inspection certificate or inspection report and does not match the actual situation of the vessels or installations (vi) in the inspection certificate in the course of fraud and other illegal activities.
    Third section violation ship, and floating facilities registration management order 23rd article violation river traffic security management Ordinance sixth article subsection (ii) items, and seventh article subsection (ii) items of provides, ship, and floating facilities not holds qualified of registration certificate, unauthorized sailing or job of, in accordance with river traffic security management Ordinance 64th article of provides, ordered stop sailing or job; refused to stop of, temporarily buckle ship, and floating facilities; plot serious of, be confiscated.
    Referred to in the preceding paragraph is not eligible to hold registration certificates, including the following: (a) does not hold a registration certificate, (ii) registration certificates expired, (iii) damage or loss but not complying with the provisions of the certificate of registration for a replacement.
    24th article violates the regulation on vessel registration, pretends to be of Chinese nationality and hangs the flag of China, counterfeit foreign nationality or nationality in ships, sailing under foreign flags, 49th of the rules in accordance with the regulation on vessel registration, confiscated the ship.
    25th article violation ship registration Ordinance provides, hide in territory or outside of registration facts, caused dual nationality of, in accordance with ship registration Ordinance 50th article of provides, revoked its ship nationality certificate, and depending on plot on ship all or ship business people sentenced following fine: (a) 500 total tons following of ship, at 2000 Yuan above 10,000 yuan following of fine; (ii) 501 total tons above 10000 total tons following of ship, sentenced 10,000 yuan above 50,000 yuan following of fine;
    (C) more than 10001 gross tons of shipping, and impose a fine below 50,000 yuan and 200,000 yuan.
    26th article violation river traffic security management Ordinance 13th article of provides, forged, and variable made, and sale, and loan, and take with ship registration certificate of, in accordance with river traffic security management Ordinance 79th article of provides, confiscated about of certificate or documents; has illegal proceeds of, confiscated illegal proceeds, and at illegal proceeds twice times above 5 times times following of fine; no illegal proceeds or illegal proceeds insufficient 20,000 yuan of, at 10,000 yuan above 50,000 yuan following fine.
    27th article violation ship registration Ordinance provides, has following case one of of, in accordance with ship registration Ordinance 51st article of provides, can depending on plot give warning, and according to ship tonnage on ship all or ship business people sentenced in accordance with this provides 25th article provides of fine amounts 50% of fine until confiscated ship registration certificate: (a) in handle registration procedures Shi hide real situation or fraud; (ii) hide registration facts, caused repeat registration; (three) forged, and altered ship registration certificate.
    28th article violation ship registration Ordinance provides, not according to provides handle change or cancellation registration of, or using expired of ship nationality certificate or temporary ship nationality certificate of, in accordance with ship registration Ordinance 52nd article of provides, ordered its replacement about registration procedures; plot serious of, can according to ship tonnage on ship all or ship business people sentenced in accordance with this provides 25th article provides of fine amounts 10% of fine.
    29th article violation ship registration Ordinance provides, unauthorized employed foreign nationality crew or using others has been registration of ship chimney logo, and company flag of, in accordance with ship registration Ordinance 53rd article of provides, ordered its corrected; refused to corrected of, can according to ship tonnage on ship all or ship business people sentenced in accordance with this provides 25th article provides of fine amounts 10% of fine; plot serious of, and can revoked its ship nationality certificate or temporary ship nationality certificate.
    Fourth section violation crew management order 30th article violation river traffic security management Ordinance Nineth article of provides, without exam qualified and made suitable any certificate or other suitable any documents of personnel unauthorized engaged in ship sailing of, in accordance with river traffic security management Ordinance 66th article of provides, ordered its immediately post, on directly responsibility personnel sentenced 2000 Yuan above 20,000 yuan following fine, and on hired units at 10,000 yuan above 100,000 yuan following fine. This article Qian paragraph by said without exam qualified and made suitable any certificate or other suitable any documents, including following case: (a) without water Shang traffic security professional training and made corresponding qualified proved; (ii) not holds crew suitable any certificate or other suitable any documents; (three) holds of crew suitable any certificate or other suitable any documents with service of ship type, and airlines district, and grade, and positions not match; (four) holds of crew suitable any certificate or other suitable any documents failure; (five) in passenger (van ship, and guest ferry, and guest roll ship, and
    High-speed passenger craft) and served on the carriage of dangerous goods by ships and other special types of ships without the corresponding special training and obtained certificates; (vi) failing to hold crew services; (VII) by cheating, deception, bribery or other improper means to obtain seaman certificate or any other certificate of competency.
    31st article violation river traffic security management Ordinance 13th article of provides, forged, and variable made, and sale, and loan, and take with crew suitable any certificate or other suitable any documents of, in accordance with river traffic security management Ordinance 79th article of provides, confiscated about of certificate or documents; has illegal proceeds of, confiscated illegal proceeds, and at illegal proceeds twice times above 5 times times following of fine; no illegal proceeds or illegal proceeds insufficient 20,000 yuan of, at 10,000 yuan above 50,000 yuan following fine.
    32nd breach of provisions of the exit and entry of citizens Act, holding an exit or entry certificate of seafarers, and in accordance with the provisions of the law on exit and entry of citizens management 13th, to exit or entry certificate of seafarers shall be revoked or declared invalid. This article Qian paragraph by said holding seafarers exit entry documents bluff, including following case: (a) holds, and using to cheat, and bribery and he not due means from maritime management institutions made of seafarers exit entry documents bluff; (ii) holds, and using to transfer, and sale, and loan and he not due means from others hands made of seafarers exit entry documents bluff; (three) holds, and using forged, and variable made of seafarers exit entry documents bluff; (four) holds, and
    Use exit or entry certificate of seafarers within the effective period and bluff.
    The fifth breach of navigation, berthing and operation management order 33rd section of the inland waterway traffic safety regulations have been violated provisions of 14th, in inland navigation should be scrapped vessels and floating facilities or jobs, in accordance with the regulations of the inland waterway traffic safety management provisions of 63rd, shall be ordered to suspend or stop operation, and confiscation.
    Referred to in the preceding paragraph of this article be scrapped ship, means compulsory retirement life or to scrap the ship purchased in the name of the ship.
    34th in violation of the sixth article of the inland waterway traffic safety management regulations (d) provides that vessels and floating facilities are not equipped with the necessary navigation information, navigation or operation without authorization, in accordance with the regulations of the inland waterway traffic safety management provisions of the 64th article, to order the suspension of navigation or operation who refuses to stop, temporarily seized vessels and floating facilities; the circumstances are serious, shall be confiscated.
    This article Qian paragraph by said not equipped with necessary of sailing information, also including following case: (a) not made effective ship all, and business people security operating and anti-pollution management system meet proved and ship security management certificate; (ii) ship all, and business people hide facts or provides false evidence sex information of, or to other not due means cheat ship security management certificate; (three) forged, and variable made ship all, and business people security operating and anti-pollution management system audit of meet proved or ship security management certificate;
    (Four) transfer, and sale, and loan, and take with ship all, and business people security operating and anti-pollution management system audit of meet proved or ship security management certificate; (five) using forged, and variable made of ship all, and business people security operating and anti-pollution management system meet proved or ship security management certificate; (six) not according to provides application audit security operating and anti-pollution management system meet proved or ship security management certificate.
    35th article violation river traffic security management Ordinance 14th article, and 18th article, and 19th article, and 20th article, and 22nd article of provides, ship in river sailing has following behavior one of of, in accordance with river traffic security management Ordinance 68th article of provides, ordered corrected, at 5000 Yuan above 50,000 yuan following fine; plot serious of, ban ship access port or ordered suspended, and can on responsibility crew give temporarily buckle suitable any certificate or other suitable any documents 3 months to 6 months of punishment:
    (A) not according to provides hanging flag, marked ship name, and flag Hong Kong, and load line; (ii) not according to provides to maritime management institutions handle ship access Hong Kong visa; (three) not according to provides application pilot; (four) unauthorized access port, forced through traffic control district, and navigation intensive district, and sailing conditions by limit regional or ban airlines district; (five) carrying or towing overweight, and super long, and super high, and half dive of objects, not application or not according to approved of route, and time sailing. This article Qian paragraph subsection (ii) items by said not according to provides to maritime management institutions handle ship access Hong Kong visa, including following case: (a) domestic sailing ship not handle ship access Hong Kong visa; (ii) international sailing ship or outside nationality ship not handle access Hong Kong Bank procedures; (three) using forged, and variable made, and sale, and loan, and transfer of ship visa book or visa book pages or alternating using two this above ship visa book; (four) handle access Hong Kong visa or import and export Bank procedures Shi, not truthfully filled ship passenger, and distribution Member
    , Loading conditions, or do not provide truthful information relating to safety of navigation (v) is not submitted in accordance with the provisions of the shipping safety inspection record book.
    36th article violation river traffic security management Ordinance of about provides, ship in river sailing, and parked or job, not comply with sailing, and avoid and signal displayed rules, in accordance with river traffic security management Ordinance 81st article of provides, on illegal ship at 1000 Yuan above 10,000 yuan following fine; plot serious of, on responsibility crew give temporarily buckle suitable any certificate or other suitable any documents 3 months to 6 months until revoked suitable any certificate or other suitable any documents of punishment.
    This article Qian paragraph by said not comply with sailing, and avoid and signal displayed rules, including following case: (a) not used security speed sailing; (ii) not according to provides of route or sailing rules sailing; (three) not according to provides reversing, and turn, and Chase more; (four) not according to provides displayed, lamp, and size or airing sound,; (five) not according to provides unauthorized night; (six) in provides must report position of locations, not report position; (seven) in ban across channel of airlines paragraph, through channel;
    (Eight) in limit speed of regional and flood high level during not according to maritime management institutions provides of speed sailing; (nine) not comply with maritime management institutions released of in visibility bad Shi sailing provides; (ten) not comply with maritime management institutions released of about sailing, and avoid and signal rules provides; (11) not comply with maritime management institutions released of sailing notices, and sailing warning provides; (12) ship handling, and carrying dangerous goods or empty class within has can burning gas Shi, not by provides hanging or displayed signal;
    (13) not specified listening watch on the VHF communication channel (14) is not in accordance with the provisions of the radio distress equipment testing (15) ship failing sufficient staff on duty (16) failing to comply with rules of navigation, collision avoidance and sign in other circumstances. 37th article violation river traffic security management Ordinance eighth article, and 21st article of provides, ship not has security technology conditions engaged in goods, and passenger transport, or overload transport goods, and Super fixed transport passenger, in accordance with river traffic security management Ordinance 82nd article of provides, ordered corrected, at 20,000 yuan above 100,000 yuan following fine, and can on responsibility crew give temporarily buckle suitable any certificate or other suitable any documents 6 months above until revoked suitable any certificate or other suitable any documents of punishment,
    Forced uninstall and overloading of the ship, by unloading and unloading costs, inventory costs, relocation and passengers ship supervision cost borne by the shipowner or operator.
    This article Qian paragraph by said ship not has security technology conditions engaged in goods, and passenger transport, including following case: (a) not comply with ship, and facilities of stowage and Department solid security technology specification; (ii) met has not meet security sailing conditions of situation and adventure sailing; (three) over approved airlines district sailing; (four) not according to provides towing or non-draught engaged in towing job; (five) without approved engaged in large facilities or mobile type platform of water Shang towing; (six) not holds passengers fixed certificate;
    (VII) is not in accordance with the provisions under the protection of personnel, vessels, facilities, (VIII) not in accordance with the notice of ship safety inspection or the port State control inspection report of disposal to remedy the deficiencies and (IX) ship safety technical conditions do not have engaged in the transport of goods or passengers other cases.
    Overloading of goods referred to in the first paragraph of this article, over standard transport passengers, include the following: (a) the Super load lines to transport goods approved; (b) the container ships carry more than the approved cases, (iii) ro-ro vessel loaded beyond the number of vehicle inspection certificate approved; (d) unauthorized passenger carrying sailing (v)-passenger carrying passengers.
    38th in violation of the provisions of article 28th of the inland waterway traffic safety management regulations, in inland navigable waters to carry out the operation, in accordance with the provisions for the record in accordance with the regulations of the inland waterway traffic safety management provisions of 70th, correction, more than 5000 Yuan and fined a maximum of 50,000 yuan.
    Relevant operations referred to in the preceding paragraph of this article, includes the following operations: (a) meteorological observations, measurements, geological survey, (ii) navigation channel maintenance, (iii) large area clear water waste and (iv) other acts that might affect traffic safety in inland navigable waters.
    This article second paragraph subsection (four) items by said may effect river navigation waters traffic security of other behavior, including following behavior: (a) maintenance effect ship airworthiness performance equipment; (ii) maintenance communications equipment and fire, and lifesaving equipment; (three) using fire job; (four) in non-anchorage, and non-parked district for series, and solutions team job; (five) not according to provides for test, and trial.
    Sixth section violation dangerous goods carrying security supervision management order 39th article violation river traffic security management Ordinance 30th article second paragraph and dangerous chemicals Security Management Ordinance 40th article first paragraph of provides, in river transport toxic chemicals and national ban transport of other dangerous chemicals, in accordance with dangerous chemicals Security Management Ordinance 66th article provides, on illegal ship sentenced 20,000 yuan above 100,000 yuan following fine. 40th article violates regulations of the inland waterway traffic safety management 32nd, 34th, the provisions of articles, hazardous cargo, any of the following circumstances, in accordance with the regulations of the inland waterway traffic safety management provisions of the 71st article shall be ordered to stop operations or voyages, responsible managers or other persons of less than 20,000 yuan and 100,000 yuan fine belonging to members of the crew,
    And give temporarily buckle suitable any certificate or other suitable any documents 6 months above until revoked suitable any certificate or other suitable any documents of punishment: (a) engaged in dangerous goods transport of ship, not prepared dangerous goods accident emergency plans or not equipped with corresponding of emergency rescue equipment and equipment of; (ii) ship carrying dangerous goods access Hong Kong or handling, and had connection dangerous goods without maritime management institutions agreed of.
    41st article violates the 37th of the provisions of the regulations on the safety management of dangerous chemicals, hazardous chemicals transport ships crew, without passing the examination and obtain the certificate of qualification, in accordance with the regulations on the safety management of dangerous chemicals 66th of the rules, fined 20,000 yuan and 100,000 yuan fine. 42nd article violation river traffic security management Ordinance 31st article, and dangerous chemicals Security Management Ordinance 40th article third paragraph of provides, transport dangerous chemicals of ship and mount container not according to national about ship test specification test qualified of, in accordance with dangerous chemicals Security Management Ordinance 59th article of provides, ordered immediately or deadline corrected, at 20,000 yuan above 200,000 yuan following of fine; late not corrected of, ordered suspended reorganization.
    43rd article violation dangerous chemicals Security Management Ordinance 20th article second paragraph of provides, ship carrying dangerous chemicals of packaging and by packaging of dangerous chemicals of nature and uses not phase adapted of, in accordance with dangerous chemicals Security Management Ordinance 59th article of provides, ordered immediately or deadline corrected, at 20,000 yuan above 200,000 yuan following of fine; late not corrected of, ordered suspended reorganization.
    44th article violation river traffic security management Ordinance and dangerous chemicals Security Management Ordinance 42nd article of provides, ship stowage and transport dangerous goods not meet national about legal, and regulations, and regulations of provides and national standards, and according to dangerous chemicals of characteristics take necessary security protection measures, in accordance with dangerous chemicals Security Management Ordinance 66th article of provides, on illegal ship sentenced 20,000 yuan above 100,000 yuan following of fine. This article Qian paragraph by said not meet national about legal, and regulations, and regulations of provides and national standards, and according to dangerous chemicals of characteristics take necessary security protection measures, including following case: (a) ship not according to provides for dangerous goods product contains and isolation; (ii) ship carrying not meet provides of container dangerous goods; (three) Mount dangerous goods of container import and export or transit not holds container boxing certificate or equivalent of proved file; (four) ship mount dangerous goods violation limited, and liner, and Tight solid provides; (five) ship unauthorized shipment without assessment approved harm of new chemicals; (six) using not meet requirements of ship handling equipment, and machines handling dangerous goods, or violation security operation for job, or effect handling job security of equipment appeared fault, and exists defects, not timely corrected and continues to for handling job; (seven) ship handling dangerous goods Shi, without approved, in handling job site for fire job; (eight) ship in handling explosion products, and Flash points 23 ℃ following of flammable liquid,
    Or bulk of, and liquefied petroleum gas body ship in handling flammable easy burst goods process in the, maintenance or using radar, and radio transmitters and vulnerable produced sparks of workers (machine) with copy shovel, or for refueling, and allows he ship and by added water job; (nine) Mount flammable liquid, and volatile sex flammable easy burst bulk chemicals and liquefied petroleum gas body of ship in repair Qian not by provides ventilation measuring burst; (ten) liquid cargo without license for drive gas or wash class job; (11) liquid cargo in handling job Shi not by provides take security;
    (12) in liquid cargo Shang carry carry flammable items or in deck Shang placed, and using focused items; (13) in ban smoking, and fire of ship premises smoking or using fire; (14) in handling, and carrying flammable easy burst goods or empty class within still has can burning gas of ship job site wear with nail of shoes boots or wearing, and replaced chemical fiber clothing; (15) in maritime management institutions announced of waters yiwai unauthorized engaged in had connection job; (16) in for liquid cargo water Shang had connection job Shi violation security and anti-pollution management provides, or violation security operation; (17) ship for for oil job Shi, not by provides fill in for by oil job security checks table, or not according to for by oil job security checks table take security and anti-pollution measures; (18) ship carrying dangerous goods, to maritime management institutions declared Shi hide, and lied about dangerous goods nature or submitted altered, and forged, and variable made of dangerous goods single card; (19) in sailing, and
    Loading and unloading when parked or not in accordance with the provisions in showing signals.
    Traffic safety in the seventh for breach of protection order 45th a violation of the provisions of article 25th of the inland waterway traffic safety regulations, in inland navigable waters, or on the shore line on the job or activity, without approval, in accordance with the regulations of the inland waterway traffic safety management provisions of 70th, correction, more than 5000 Yuan and fined a maximum of 50,000 yuan.
    This article Qian paragraph by said about job or activities, including following job or activities: (a) exploration, and mining, and blasting; (ii) build, and set, and maintenance, and demolition water Sheung Shui Xia structures or facilities; (three) erection bridge, and ropeway; (four) laying, and maintenance, and demolition water Sheung Shui Xia cable or pipeline; (five) set Department ship buoy, and floating barges, and cable pile, facilities; (six) for channel construction, channel, and Terminal frontier waters dredging; (seven) held large mass activities, and sports game.
    This article first paragraph by said without approved, including following case: (a) not to maritime management institutions proposed job application or in application no approved zhiqian unauthorized construction job; (ii) beyond approved time for construction job; (three) not according to approved of construction job content, and way, and requirements for construction job; (four) beyond approved of construction job district range for construction job; (five) not implementation job application in the of about security for construction job.
    46th in violation of the provisions of article 29th of inland waterway traffic safety regulations, in inland navigable waters may affect navigation safety of operations or activities, signs, display signal is not in accordance with the provisions set in accordance with the regulations of the inland waterway traffic safety management provisions of 70th, more than 5000 Yuan and fined a maximum of 50,000 yuan.
    Referred to in the preceding paragraph of this article may affect navigation safety of operations or activities, including the inland waterway traffic safety regulations on the 25th, 28th article of the operations or activities.
    Eighth section violation ship, and floating facilities distress rescue management order 47th article violation river traffic security management Ordinance 46th article, and 47th article of provides, distress Hou not perform report obligations, or not active rescue of, in accordance with river traffic security management Ordinance 76th article of provides, on ship, and floating facilities or responsibility personnel give warning, and on responsibility crew give temporarily buckle suitable any certificate or other suitable any documents 3 months to 6 months until revoked suitable any certificate or other suitable any documents of punishment. This article Qian paragraph by said distress Hou not perform report obligations, including following case: (a) ship, and floating facilities distress Hou, not according to provides quickly to distress to maritime management institutions and ship, and floating facilities all, and business people report; (ii) ship, and floating facilities distress Hou, not according to provides report distress of time, and locations, and distress status, and distress reasons, and rescue requirements; (three) found other ship, and floating facilities distress, or received for help signal, ship, and
    Floating facilities on the crew or other persons concerned has yet to be the case in time to report to the maritime administrative agency in distress.
    This article first paragraph by said not active rescue, including following case: (a) ship, and floating facilities distress Hou, not active take all effective measures for self-help; (ii) ship, and floating facilities occurred collision, accident Hou, in not endanger itself security of situation Xia, not active rescue distress he party; (three) near ship, and floating facilities distress, or received for help signal Hou, ship, and floating facilities Shang of crew or other personnel not tried to rescue distress personnel.
    48th article violation river traffic security management Ordinance 49th article second paragraph of provides, distress site and near of ship, and crew not obey maritime management institutions of unified scheduling and command of, in accordance with river traffic security management Ordinance 78th article of provides, on ship, and floating facilities or responsibility personnel give warning, and on responsibility crew give temporarily buckle suitable any certificate or other suitable any documents 3 months to 6 months until revoked suitable any certificate or other suitable any documents of punishment.
    49th article of the inland waterway traffic safety regulations have been violated provisions of 46th, water transport vessels and floating facilities to escape after the accident, in accordance with the regulations of the inland waterway traffic safety management provisions of 83rd, on the responsibility of the crew to the revocation certificate of competency or other certificates of competency of punishment; certificate or certificate has been revoked, shall not be employed again within 5 years. Nineth section violation river traffic accident survey processing order 50th article violation river traffic security management Ordinance 50th article, and 52nd article of provides, ship, and floating facilities occurred water Shang traffic accident, hinder, and hamper river traffic accident survey forensics, or lied about, and Punic reported, and destruction evidence of, in accordance with river traffic security management Ordinance 84th article of provides, give warning, and on directly responsibility personnel at 1000 Yuan above 10,000 yuan following of fine; belongs to crew of,
    And withholding certificate of competency or other suitable documents for more than 12 months until the revocation certificate of competency or other certificates of competency for punishment.
    This article Qian paragraph by said hinder, and hamper river traffic accident survey forensics, including following case: (a) not according to provides immediately report accident, effect survey work for; (ii) accident report content not real, not meet provides requirements, effect survey work for; (three) accident occurred Hou, not do site protection, effect accident survey for; (four) in not appeared endanger ship security of situation Xia, without maritime management institutions of agreed unauthorized left specified locations;
    (Five) not according to maritime management institutions of requirements drove to specified locations effect accident survey work; (six) refused to accept accident survey or hinder, and hamper for accident survey Forensics; (seven) for water Shang traffic accident led ship, and facilities occurred damage, not according to provides for test or identification, or not to maritime management institutions submitted test or identification report copy, effect accident survey; (eight) other hinder, and hamper river traffic accident survey forensics of case.
    Mentioned in the first paragraph of this article to lie about, Punic reported destruction of evidence, including the following: (a) concealing facts or providing false testimony, testimony, (ii) with the intent to alter statutory instruments, such as log files, (iii) other false, Punic reported destruction of evidence. 51st article violation river traffic security management Ordinance of about provides, ship, and floating facilities caused river traffic accident of, except law bear corresponding of legal responsibility outside, in accordance with river traffic security management Ordinance 77th article of provides, on responsibility crew give following punishment: (a) caused King accident of, on has all responsibility of crew or main responsibility crew revoked suitable any certificate or other suitable any documents, on secondary responsibility crew temporarily buckle suitable any certificate or other suitable any documents 12 months to 24 months
    Duty and on duty crew temporarily competency certificate or any other certificate of competency for 24 months or revoke a certificate of competency or other certificates of competency.
    (Ii) caused major accident of, on has all responsibility of crew or negative main responsibility of crew temporarily buckle suitable any certificate or other suitable any documents 12 months to 24 months or revoked suitable any certificate or other suitable any documents; on negative secondary responsibility of crew temporarily buckle suitable any certificate or other suitable any documents 9 months to 18 months; responsibility quite of, on responsibility crew temporarily buckle suitable any certificate or other suitable any documents 12 months to 24 months or revoked suitable any certificate or other suitable any documents.
    (Three) caused big accident of, on has all responsibility of crew temporarily buckle suitable any certificate or other suitable any documents 12 months to 24 months; on negative main responsibility of crew temporarily buckle suitable any certificate or other suitable any documents 9 months to 18 months; on negative secondary responsibility of crew temporarily buckle suitable any certificate or other suitable any documents 6 months to 12 months; responsibility quite of, on responsibility crew temporarily buckle suitable any certificate or other suitable any documents 9 months to 18 months.
    (Four) caused General accident of, on has all responsibility of crew temporarily buckle suitable any certificate or other suitable any documents 9 months to 18 months; on negative main responsibility of crew temporarily buckle suitable any certificate or other suitable any documents 6 months to 12 months; on negative secondary responsibility of crew temporarily buckle suitable any certificate or other suitable any documents 6 months; responsibility quite of, on responsibility crew temporarily buckle suitable any certificate or other suitable any documents 6 months to 12 months.
    Violations in the tenth to control water pollution from ships supervision and administration of the 52nd in this section and the water pollution, pollutants, toxic pollutants, oils and of the law on water pollution prevention and control in the same terms mean the same thing.
    53rd article violation water pollution control method 29th article, and 31st article of provides, ship to water emissions toxic waste, or to water emissions, and dumping contains mercury, and CD, and arsenic, and chrome, and cyanide of real, and yellow phosphorus, soluble toxic waste of, in accordance with water pollution control method 46th article, and water pollution control method implementation rules 39th article subsection (a) items of provides, can on ship give warning or sentenced 100,000 yuan following of fine.
    54th article violation water pollution control method 29th article, and 34th article of provides, ship to water emissions, and dumping radioactive solid waste, and oil class, and acid liquid, and lye or contains high, and in the radioactive material of wastewater of, in accordance with water pollution control method 46th article, and water pollution control method implementation rules 39th article subsection (ii) items of provides, can on ship sentenced 50,000 yuan following of fine.
    55th article violation water pollution control method 30th article, and 40th article second paragraph of provides, ship in water cleaning loaded storage had oil class, and toxic pollutants of container, or to water emissions residual oil, and waste oil of, in accordance with water pollution control method 46th article and water pollution control method implementation rules 39th article subsection (three) items of provides, according to different plot, can give ship warning or sentenced 10,000 yuan following fine.
    Breach of 56th article of the 40th article of provisions of the water pollution control law, ships to dump ship refuse into the water body, in accordance with the law on water pollution prevention and control article 46th and 39th of the detailed rules for the implementation of the pollution prevention and control law, paragraph (e) provides that under different circumstances, can give a shipping warning or impose a fine of less than 2000 Yuan.
    57th article violation water pollution control method of provides, ship caused water pollution accident of, in accordance with water pollution control method 53rd article and water pollution control method implementation rules 43rd article of provides, according to by caused of against and loss, sentenced directly loss of 20% of fine, but highest shall not over 200,000 yuan; caused major economic loss of, sentenced directly loss of 30% of fine, but highest shall not over 1 million Yuan.
    58th in violation of the law on water pollution prevention and control provisions of article 25th, refused to the maritime administrative agency on-site inspections, or deception, in accordance with the law on water pollution prevention and control article 46th and 38th of the detailed rules for the implementation of the pollution prevention and control law, paragraph (b) provisions may be fined not more than 10,000 yuan.
    59th in violation of the 32nd air pollution prevention and Control Act the provisions of the second paragraph of article, manufacturing emissions exceed the prescribed emission standards for ships, in accordance with the air pollution control Act provisions of 53rd, ordered to desist from the illegal act, confiscate the illegal income, and may be fined not more than the illegal income 1 time; the failure to meet the prescribed standards for pollutants discharge vessel, confiscated and destroyed.
    60th article violation air pollution control method 35th article second paragraph of provides, not made maritime management institutions of delegate, on mobile ship for exhaust pollution detection, or in detection in the fraud of, in accordance with air pollution control method 55th article of provides, ordered stop violations, deadline corrected, can at 50,000 yuan following fine; plot serious of, canceled its bear mobile ship annual of qualification. 61st article violation air pollution control method 36th article, and 37th article second paragraph, and 42nd article about provides, ship has following behavior one of of, in accordance with air pollution control method 56th article of provides, ordered stop violations, deadline corrected, and can at 50,000 yuan following fine: (a) ship not take effective pollution control measures, to atmosphere emissions dust, and stench gas or other contains toxic material of gas; (ii) ship without local environmental protection administrative competent sector approved,
    Emissions to the atmosphere of converter gas, acetylene, yellow phosphorus by electric furnace process exhaust gas, organic hydrocarbon gas, (iii) the sealing or other protective measures taken by ship, transporting, handling or storage can release toxic gases or dust.
    62nd in violation of the relevant provisions of the law on prevention of air pollution, refuse, obstruct the maritime administrative agency to carry out the on-site inspections of air pollution, or in check fraud, in accordance with the provisions of 46th air pollution prevention and Control Act, according to different circumstances, be ordered to desist from the illegal act, correct within a given a warning or a fine below 50,000 yuan.
    63rd in violation of the provisions of 34th article of the law of prevention and control of environmental noise pollution, ships in inland waterways when sailing in the urban area of the city, is not used in accordance with the provisions of sound devices, in accordance with the law of prevention and control of environmental noise pollution the 57th of the rules, to give them a warning or a fine of up to 10,000 yuan fine.
    64th in violation of the provisions of the article 21st of the prevention and control of environmental noise pollution, refuse, obstruct the maritime administrative agency for the on-site inspections of environmental noise pollution of the environment, or in check fraud, in accordance with the provisions 55th article of law of prevention and control of environmental noise pollution, according to the different circumstances, warn or impose a fine of 10,000 yuan. 65th article split ship units violation prevent split ship pollution environment management Ordinance of provides, has following case one of of, in accordance with prevent split ship pollution environment management Ordinance 17th article of provides, except ordered deadline corrected outside, also can according to different plot, sentenced 10,000 yuan above 100,000 yuan following of fine: (a) not holds by approved of environment effect report book (table), unauthorized in integrated Hong Kong port waters within and water Shang set split shipyard for split ship of; (ii) waste oil ship without wash class, and sewage, and
    Clearing and measuring the dismantling of (iii) serious pollution caused by uncontrolled discharge of pollutants or discarded, and (iv) pollution accident occurs, do not report to the maritime administrative agency, nor taking measures to eliminate or control pollution. 66th article split ship units violation prevent split ship pollution environment management Ordinance seventh article, and tenth article, and 15th article, and 16th article of provides, has following behavior one of of, in accordance with prevent split ship pollution environment management Ordinance 18th article of provides, except ordered its deadline corrected outside, also can according to different plot, sentenced 10,000 yuan following of fine: (a) refused to or block maritime management institutions for split ship site check or in was check Shi fraud of; (ii) not according to provides requirements equipped with and using anti-dirt facilities, and
    Equipment and devices, water pollution, and (iii) pollution accidents occurred, is taking measures to eliminate or control pollution, but do not report to the maritime administrative agency; (iv) ship unit after closure, relocation, site cleanup of the original site failed.
    The fourth chapter supplementary articles article 67th case of maritime administrative punishment, you should use a traffic instrument of maritime administrative punishment, the uniform format.
    68th inland maritime administrative punishment procedures, application of the regulations on marine and maritime administrative punishments in the provisions relating to procedures. 69th these provisions come into force on January 1, 2005.
                                                                                                          Previously released by the Ministry and other relevant regulations are inconsistent with this provision, is subject to this provision.

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