Overloaded Trucks Of Inner Mongolia Autonomous Region, Governance Approach

Original Language Title: 内蒙古自治区治理货物运输车辆超限超载办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201311/20131100393711.shtml

Overloaded trucks of Inner Mongolia autonomous region, governance approach

    (July 17, 2013 Executive meeting of the people's Government of Inner Mongolia autonomous region, the 6th through August 21, 2013, Inner Mongolia autonomous region people's Government promulgated as of October 1, 2013, 198th) Chapter I General provisions

    First in order to govern carriage of goods by overloaded vehicles and protect people's lives and property, ensuring a safe, according to the People's Republic of China highway law, the People's Republic of China on road traffic safety law, road safety protection Ordinance and other relevant laws and regulations, combined with State practice, these measures are formulated. Second autonomous region within the administrative area of carriage of goods by overloaded vehicles management procedures apply. Overload in these measures refers to goods transport vehicles carrying more than laws and regulations, regulations and national standards for limit load, height limits, limits width, limit length standard, in the Act of driving on the highway.

    Overloading in these measures refers to goods transport vehicles carrying in excess of approved quality, in the Act of driving on the highway.

    Third cargo vehicle overload management work should insist that the Government leadership, Department collaboration, both specimens, the principle of effective governance.

    Fourth flag within the administrative area of the people's Governments above the county level shall strengthen the carriage of goods by overloaded vehicles management leadership, establish and improve the freight vehicle overload control joint law enforcement and administrative linkage system and target system of accountability and responsibility.

    Article fifth people's Government above the county level should be overloaded trucks incorporate the budgetary requirements for the governance. Article sixth people's Government above the county level Transportation Department and the public security organs shall, in accordance with the Division of responsibilities, responsible for the Administration in the carriage of goods by overloaded vehicles management. Transport Department is a member of the people's Governments above the county level transportation management agencies, road management agencies (hereinafter referred to as the road transport authorities, road management) and the public security organs traffic management within the Department responsible for the administration of goods transport vehicle overload management.

    Development and reform, industry and commerce administration, quality supervision, safety, economic and information technology, monitoring departments shall, in accordance with their respective responsibilities, related to good governance of the carriage of goods by overloaded vehicles.

    Article seventh flag transportation departments, the people's Governments above the county level public security organs and relevant departments should establish information system of carriage of goods by overloaded vehicles, on the carriage of goods by overloaded vehicles illegal registration, a copy of, and publicity. Eighth no unit or individual shall have the right to transport and public security departments to report goods transport vehicles overloaded violations.

    Receives reports of departments shall, in accordance with the responsibility, timely investigation and treatment.

    The second chapter of corruption Nineth production, modification of goods transport vehicles shall comply with the relevant national vehicles offset dimensions, axle load and masses for value of the motor vehicle safety standards. Prohibition of sale of goods transport vehicles do not comply with the relevant national standards.

    No unit or individual may transportation of assembled freight transport vehicles or altering the structure of goods transport vehicles registered, structure or features. Tenth public security organs traffic management Department for vehicle registration, inspection on the spot.

    Do not meet national safety and technical standards for transport of goods vehicles, public security organs traffic management departments shall not be registered and issuance of license plates, motor vehicle driving license, road transport management institutions shall not grant road transport certificates.

    11th not disintegration need refitting trucks for transport, transport of goods should be made by a qualified vehicle manufacturers in accordance with the provisions of the model and technical parameters to be modified. 12th public security, transportation, quality supervision, industrial and commercial departments should be investigated in a timely manner or acts of unlawful assembly and refitting trucks. Inspections found illegal modifications, transportation of assembled freight transport vehicles, it shall order the cargo transportation vehicles or cargo transport vehicle owner apart.

    On driving illegal modifications, Assembly overall dimension and main components of goods vehicle drivers, penalty shall be imposed by the public security organs traffic management sector; the enterprises engaged in illegal conversion, transportation of assembled freight transport vehicles, or no business license enterprises engaging in illegal Assembly and refitting trucks and Commerce departments shall be investigated and prosecuted. Cargo transportation in 13th article of the rules source units and individuals (hereinafter referred to as source of freight units), refers to minerals, building materials, machinery and other production and processing enterprises and Terminal and others involved in cargo loading, stowage for transport operators.

    Flag of the county-level people's Governments shall make administrative licensing and registration of key transportation source unit to the public.

    14th source freight units shall comply with the following provisions:

    (A) identifying relevant duties of employees, establishment and implementation of the accountability system;

    (Ii) which satisfy the criteria of the goods weighing, measuring and monitoring equipment;

    (C) the cargo in China, Ji Zhong, invoicing, and other relevant training;

    (D) vehicles for goods transport vehicles, produce the certificate, road transport and road transport certificates registered qualification certificate;

    (E) establish overloaded cargo source control register, statistical systems and archives, and submission to the administration of road transportation agencies pursuant to the provisions of relevant information;

    (F) accept the supervision and inspection of law enforcement personnel, providing the necessary facilities for inspections and stationed personnel, and provide the relevant information and data.

    15th transportation source unit shall not be any of the following acts:

    (A) no license plate or vehicle certificate, carriage of goods by road transport certificates of vehicle loads, equipped with cargo;

    (B) did not show any qualification for road transport drivers who drove trucks loaded, equipped with cargo;

    (C) in order to arbitrarily change the registered structure, composition or characteristics of the goods transport vehicle, equipped with cargo;

    (D) not loading, cargo distribution in accordance with regulations;

    (V) unauthorized release of overloaded goods vehicles;

    (Vi) overload proof of false loading, stowage of cargo transportation vehicles. 16th road transportation management institution shall, through such means as entered or inspected, supervise and administer the on key transportation source units.

    Source units of freight, road freight transportation management agencies source units main entrances and targeted regulation should be approved by the people's Government above the county level.

    17th road transport authority in the supervision and inspection, involving violations of the terms of reference of other departments should be promptly transferred to the relevant departments and regular shipping source unlawfully transfer the case to the relevant Department and report the level people's Governments and relevant departments.

    18th source freight unit production, licensing authorities, registration authorities or competent authorities should assist in carriage of goods by road transport authority vehicle overload control, on the transfer of cases to investigate and punish, and transfer of the investigation results in a timely manner a copy the amount of road transport authority.

    19th source freight units Township Township people's Governments shall cooperate with the road transport authorities, carriage of goods by overloaded vehicles source management.

    Chapter III surface treatments

    Article 20th goods transport vehicles shall comply with the relevant national limits set out wide, high limit, limit, a limit standard illegal overload is strictly prohibited.

    Article 21st of the goods contained in the transport vehicles shall conform to the approved quality, overloading is strictly prohibited.

    22nd County transportation authority or township Township people's Government according to the protection needs of Township Road, village road, on Township Road and village road entrances and set the necessary height, limiting wide facility, but should not affect the movement of fire and first aid and other emergency health needs, not to charge vehicles. 23rd has carriage of cargo transportation vehicles may not collapse items, overall dimension overall or total mass of domestic car over highways, roads and bridges, highway tunnels limit load, height limits, limits width, limit length standard, it required driving on highways, roads and bridges, roads and tunnels, cargo transport operator shall be subject to management approval, get overweight transportation vehicle permits. Overlimit traffic safety of highway, road management agencies at the time of approving an application for overlimit shall consult the public security organs traffic management departments. Overlimit approval of goods transport vehicles should be onboard overlimit permit, by a specified time, course and speed, and raised the clearly marked. Prohibition of lease, transfer of over-limit transportation vehicle passes.

    Prohibit the use of forged or altered over-limit transportation vehicle passes.

    24th, fixed unlimited testing the site's settings should be approved by the autonomous regional people's Government, temporary overload detection site set up by the autonomous regional people's Government governance overload are the competent authority for approval.

    25th new construction, rebuilding roads, should be fixed unlimited testing site as part of the ancillary facilities of roads, synchronized with the road design, construction and synchronous operation. Article 26th fixed or temporary overload detection site construction shall be conducted in accordance with the uniform norm, the scale of construction, equipment and law enforcement staff should be commensurate with the freight traffic flows.

    Fixed overrun testing site should provide law enforcement officers with the necessary daily Office.

    27th regular overload detection site shall prominently publicized and approval authorities, administrative law-enforcement personnel, monitoring phone calls, overload the standard, overload detection procedures and standard of administrative punishment, and so on.

    28th fixed unlimited testing sites based on flow of goods transport vehicles should be reasonably set detection channel of cargo transportation vehicles, vehicle road and the construction of corresponding size with parking area, unloading areas may not be granted for vehicles affect the normal passage of other vehicles and traffic safety.
29th fixed or temporary overload detection sites and mobile inspection of measuring instruments shall regularly carry out checks; not regularly fail to pass the test or test measuring instrument which detects data not as a basis for unloading, administrative punishment.

    30th road management agencies, the public security organs traffic management departments in accordance with the Division of responsibilities, you can implement a weight charge tolls toll station to deal with overloaded goods vehicles. 31st testing found to be overloaded goods vehicles, transport materials for the collapse, highway authorities shall order the carrier to take corrective measures, such as unloading, packaging. Determined by the test for overloaded goods vehicles, collapse of the transport is not available and is not for the overlimit permit procedures, the highway authority shall order the carrier to stop the illegal practice and inform the relevant departments of overlimit permit procedures.

    After testing an overload of cargo transportation vehicles, highway authorities should immediately release.

    32nd overloaded goods vehicles need help unloading or storage of goods, shall pay the necessary costs such as labor, or custody, the charges set by the price administrative departments of the people's Government of the autonomous region.

    The carrier shall dispose of goods to unload within the 3rd; fails to dispose of, and managed by the Highways Agency in accordance with the relevant provisions of the State and the autonomous communities. 33rd road management agencies, the public security organs traffic management in supervision and inspection, found for overload and oversize transportation of cargo transportation vehicles, it shall be determined by the availability of standards testing of measuring instruments. Through Visual identification of cargo overloaded transport vehicles.

    Carriage of goods by the driver of a vehicle shall, in accordance with overload detection indicator or road management agencies, the public security organs traffic management command accepts overload detection for law enforcement personnel, shall not intentionally clogging passing lanes, forcing red card or otherwise disturb the test order, may be taken to avoid detection, including short bogey. Article 34th people's Government above the county level shall organize transport authorities and United law enforcement of public security organs to carry out surface treatments.

    Highway administrative departments and public security organs traffic management authorities should establish and perfect the management overload monitoring networks, overloaded transport vehicles for inspection of cargo.

    The fourth chapter legal liability

    35th acts in violation of these rules, People's Republic of China highway law, the People's Republic of China on road traffic safety law, Road Safety Ordinance and other related laws and regulations have been made of specific penal provisions from its provisions.

    36th article violates this article 14th paragraph (ii), (v) the provision, by road transport management agency ordered corrective action, and fined 1000 Yuan fine. 37th article violates this article 15th paragraph (a), (c), (d), (e) and (f) provision, the road transport authority shall order rectification, and a fine of 10,000 yuan and 30,000 yuan fine.

    In violation of this article 15th (b) provides, by road transport management agency ordered corrective action and each fined liangci 1000 Yuan.

    Article 38th administrative departments administrative penalties made a fine, should all be turned over to the State Treasury, implementation of separation of penalty payments, two lines of income and expenditure management.

    39th road transport management, road authorities and the public security organs traffic management sector or other sectors concerned with any of the following circumstances shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) for failure to meet the national safety and technical standards for transport of goods vehicle registration and issuance of license plates, vehicle driving permit, conformity inspection mark, road transport certificates;

    (B) violation of rules for overrun required for overlimit permit carriage of goods vehicles;

    (C) in violation of regulations released overloaded goods vehicles;

    (D) illegal detention of goods transport vehicles or used legally detain the cargo transport vehicles;

    (E) the overloaded goods vehicles complaints, reporting of violations, not organizations to verify in a timely manner and dealt with according to law;

    (Vi) other acts of abuse, malpractice, neglect their duties.

    The fifth chapter by-laws 40th these measures come into effect October 1, 2013.