Hebei Agricultural Machinery Safety Supervision And Management Approaches

Original Language Title: 河北省农业机械安全监督管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201311/20131100393682.shtml

Hebei agricultural machinery safety supervision and management approaches

    (September 16, 2013, Hebei province 9th Executive session on September 18, 2013, provincial order [2013] 9th number released since November 1, 2013) Chapter I General provisions

    First to strengthen agricultural machinery and driving, operator safety supervision and management, prevention and reduction of agricultural machinery accidents, protect the personal and property security of citizens, promoting agricultural mechanization and rural economic development, according to the State Department of the agricultural machinery safety supervision and management regulations, the Hebei agricultural machinery management regulations and other laws and regulations, these measures are formulated.

    Article in within the administrative area of the province engaged in agricultural machinery operation and safety supervision and management activities shall abide by these measures.

    Third people's Governments above the county level shall strengthen leadership on agricultural machinery safety supervision and management, improvement of agricultural machinery safety supervision and management system, strengthen agricultural machinery safety supervision and management, personnel, infrastructure and equipment construction, establishing and perfecting the agricultural responsibility system for production safety, protecting agricultural machinery safety.

    Fourth people's Governments above the county level shall safeguard agricultural machinery safety supervision and management of financial investment, according to the relevant provisions of national and provincial, agricultural machinery safety supervision and management of funds into government budgets at the same level. Fifth people's Governments above the county level agricultural mechanization, public security and transportation and other authorities responsible for the administration of agricultural machinery safety supervision and management.

    The competent Department of agricultural mechanization agricultural machinery safety supervision Organization (hereinafter referred to as agricultural machinery safety supervision organization) is responsible for the use of agricultural machinery safety supervision and management of the operation.

    Sixth levels of people's Governments and the people's Governments above the county level agricultural mechanization, radio, film and television, press and publications and other relevant departments should strengthen agricultural machinery safety laws, regulations, rules and other safety publicity and education.

    Seventh agricultural machinery safety supervision organization shall, in accordance with the agricultural production and national and provincial regulations imposed on agricultural machinery supervision, correct and deal with acts in violation of relevant laws, regulations and rules.

    Eighth article in addition to laws, regulations, rules and these rules, except as otherwise provided, no unit or individual is allowed to detain agricultural machinery and its license plates and driving operators driving operations documents.

    Chapter II administration of use

    Nineth by country provides for a registration system for tractors, combine harvesters. District municipal agricultural machinery safety supervision organization responsible for the administration of tractors, combines, registration of businesses.

    Counties (cities, districts) of agricultural machinery safety supervision organization at a higher level of agricultural machinery safety supervision organization under the guidance of host tractors, combines, registration applications accepted, safety technical inspection work. Tenth Article tractor, and combine input using Qian, its all people should holding I ID Ming and machines source, proved, and voucher, which imports machines needed holding imports license, voucher, franchise transport and and camp transport of tractor also needed holding traffic accident responsibility forced insurance voucher, to location County (city, and district) farm machinery security supervision institutions application registered registration, received plate and about documents Hou, party can using.

    Safety inspection of tractors, combine harvesters, agricultural machinery safety supervision organization shall, within 2 working days to be registered and issued the corresponding certificates and licences.

    Tractors, combines, used during registration, transfer of ownership, used as collateral or discard the change, its owner shall be registered to the original body alteration, cancellation and other related procedures.

    11th tractors, combines, registration, transfer registration needs temporary on-road, tractors, combines, a replacement licence is required during the interim, the use, should be its domicile or purchase farm machinery safety supervision organization can apply for a temporary license plates and driving operation in accordance with the relevant provisions.

    12th tractors, combines, certificate, license loss, loss of or damage to, its owner should be to the original certificate issued by the Agency for repair, renewal of certification procedures. 13th tractors, combine harvester's licence should be suspended in the specified location, clear, complete, and shall not intentionally blocked or soiled.

    Rear of tractor trailers should be sprayed font specifications amplifier brand and remain legible.

    Franchised and run transport put reflective logo on the tractor should be specified in the units position, to participate in trans-regional operations combines in its fuselage put reflective logo on the specified location.

    Certificate of tractors, combine harvesters, a licence shall not be transferred, altered, forged or altered. Article 14th tractors, combines, farm machinery safety supervision Organization annual safety inspection by the relevant regulations of the State.

    Without inspection or test failed, may not continue to work.

    15th agricultural machinery field operations shall comply with the following requirements:

    (A) agricultural machinery, before driving operators of farm machinery, the work site and the surrounding environment for secure identification, excluding security risks, clean up miscellaneous personnel within the area of operation, in a dangerous position and job site set the protective devices or warning signs, recognized agricultural machines meet the requirements for the safe operation of, the site and the surrounding environment;

    (B) the driver associated with the operator signal;

    (C) the operator at the required position operation, not overcrowded;

    (D) the disposal or when troubleshooting, after being down or cut off the power;

    (V) suspended machines arising, not its maintenance, adjustment and troubleshooting;

    (Vi) take safety and pollution prevention measures when spraying pesticides.

    16th agricultural machinery should take the following safety precautions:

    (A) are equipped with safety guards, warning signs;

    (B) prohibiting Fireworks and storing inflammable;

    (C) the prohibition of oil spills, leakage, leakage of agricultural machinery operation;

    (D) prohibition of modification, removal of safety devices.

    Article 17th tractor operations, towing a trailer, or a set of working implement.

    Prohibiting the use of combine harvester towing other agricultural machinery.

    Combine harvester is traction, shall not exceed 10 km/h.

    18th shall continue to be used because of potential accidents and farm machinery safety supervision organization to order the suspension of the use of agricultural machinery.

    Chapter III operation management 19th drive tractors, combines, personnel should be according to the relevant regulations of the State, obtain a driver's certification.

    Do not obtain a driver's certification shall not drive tractors, combine harvesters.

    Driving tractors, combine harvesters certification which is valid for 6 years; the expiration of the tractors, combines, operators can provide the original certificate renewal.

    20th driving tractors, combine harvester operation documents destroyed, lost or damaged, its owner or authorized agent should be to the original issuing agency for supply, replacement of license. 21st issue a driving operation of tractors, combine documents, agricultural machinery safety supervision organization shall examine the documents.

    Without testing or certification without qualified certificates, shall not continue to use it.

    22nd District of city and County (city, district) agricultural machinery safety supervision organization should be organized during the annual safety inspection for agricultural machinery driver safety training for operators.

    Agricultural production and operation organizations and agricultural machinery operation organizations and agricultural machinery all drivers should be educate staff about safe use of agricultural machinery and improve their consciousness of law, safety, and establish and improve the team, unit responsibility system for production safety, guarantees safety of agricultural machinery.

    Article 23rd drive document personnel and persons associated with farm machinery operation must comply with the following provisions:

    (A) shall not drive and drive actions document does not comply with the machinery;

    (B) shall not drive not registered according to the provisions of inspection or by unqualified failure, mechanical failure, security facilities of agricultural machinery;

    (C) not to hand tractors, combine harvesters to not drive actions document personnel actions;

    (D) shall not drive after drinking agricultural machinery;

    (E) use after the State control of psychotropic drugs, narcotic, shall not drive farm machinery;

    (Vi) of illness or fatigue with hamper safe operation shall not drive farm machinery;

    (VII) shall not drive farm machinery was breaking the manned;

    (VIII) not force other people to illegal operations.

    Fourth chapter

    Agricultural machinery outside the 24th in the road accidents, farm machinery safe overseeing agricultural machinery management, in accordance with the laws, rules and regulations. Agricultural machinery in traffic accidents on the roads, traffic management by public security organs in accordance with the road traffic safety laws and regulations. Accidents outside the tractor on the road, the public security organs traffic management Department received a report with reference to road traffic safety laws and regulations.

    Ancillary facilities of roads and damaged caused by farm machinery accidents, highway management by the Department of transport, in accordance with the laws and regulations. 25th in the road outside the farm machinery accidents, drivers and other personnel must immediately cease operations, protect the scene to rescue the injured, and property, and report the accident to the County (city, district) agricultural machinery safety supervision organization. Deaths should also be reported to the public security organ in the accident.

    Changes shall be indicated.

    After receiving the accident report of agricultural machinery agricultural machinery safety supervision agencies shall be promptly sent to the scene.

    Farm machinery accidents occurred, causing no injuries, no dispute on the facts and causes of the parties, agreement shall be reached between the parties withdraw from the scene. 26th the party escaped after the accident, witnesses and other sources should be to the county where the accident occurred (city, district) agricultural machinery safety supervision organization and report to the public security organs.

    Receives reports of agricultural machinery safety supervision organization shall assist the police investigation.
27th accident investigation process, farm machinery safety supervision organization finds a party suspected of a crime, it shall be transferred to the public security organs, causing agricultural machinery in accordance with the People's Republic of China provisions of the law on administrative punishment, and antecedent register.

    28th save cost of treating injured staff, by the suspects of the incident and accident all of agricultural machinery to be prepaid. Tractors have taken out compulsory traffic accident liability insurance for the accident, accident of agricultural machinery safety supervision organization shall notify the insurance company paid rescue expenses.

    Need social aid disbursements by the Fund for road traffic accident, accident farm machinery safety supervision organization shall notify the governing body of the Fund paid in a timely manner, to the accident and to assist its recourse against the responsible person.

    Article 29th on field inspection and examination of agricultural machinery, agricultural machinery safety supervision organization shall provide certificate of production of agricultural machinery accidents and served on the party.

    Require identification of agricultural machinery, agricultural machinery safety supervision organization shall receive identification conclusion issued by the accreditation body for agricultural machinery produced within 5 working days from the date of accident report of agricultural machinery, and agricultural production is complete accident report within 3 working days from the date served.

    30th party disagrees with the determination of the accident, from the date of service of the accident found within 3rd higher agricultural machinery safety supervision authority a written application for review.

    Level on agricultural machinery safety supervision organization shall, on the request for revision was inadmissible in the 30th to review conclusions, and served in the 3rd review conclusion to review applicants.

    31st due to agricultural economic losses caused by the accident, the responsibility borne by those responsible according to the size, lump-sum damage compensation in principle. Article 32nd agricultural economic damages disputes arising between the parties, shall be resolved in a timely manner.

    Negotiations are unsuccessful, the parties may apply for mediation to the agricultural machinery safety supervision organization, or you can bring a lawsuit.

    Agricultural machinery safety supervision Organization for mediation to the parties, shall, from the date of receipt of the certificate of the accident within 10 working days. Article 33rd damages after the farm machinery safety supervision organization a conciliation agreement shall be mediation, signed by the parties and mediator, relevant personnel, stamping machinery special chapters shall enter into force after the accident.

    Farm machinery safety supervision organization shall copies of the mediation to the parties and persons concerned.

    No agreement shall make a mediation to end the book, signed by the conciliator, with the Special seal for farm machinery accidents, are sent to the parties and persons concerned.

    34th farm machinery safety supervision organization shall be the parties to deal with matters such as farm machinery accident damages provided assistance and convenience.

    35th people's Governments above the county level shall encourage and support agricultural owners and drivers in accordance with the provisions of laws and regulations, establishment of agricultural machinery safety organization, perfect agricultural machinery accident rescue mechanism, and improve the level of safety of agricultural machinery operation, reducing the accident risk of agricultural machinery.

    The fifth chapter services and supervision 36th provincial agricultural machinery safety supervision organization responsible for guidance, implement the province's agricultural machine license management, safety and technical inspection, safety education, safety supervision and inspection, job order management, participation in the investigation and handling of major farm machinery accidents, and so on.

    Tractors, combines, license plates and driving certification by provincial agricultural machinery safety supervision agencies according to the same State regulations made and released.

    37th district of the cities and counties (cities, districts) agricultural machinery safety supervision organization shall in addition to tractors, combines, endangers the safety of agricultural machinery other than free safety inspection on the ground.

    Found in the safety inspection of agricultural machinery accidents, should inform all its people to stop using, promptly eliminate hidden dangers, and the establishment of agricultural machinery safety supervision and management of archives.

    38th public security organs traffic management departments, agricultural machinery safety supervision organization should be sound traffic order management and certificate management cohesion mechanism and information exchange mechanisms for agricultural machinery, support license management for agricultural machinery, promote agricultural Township and village roads and traffic safety supervision and management.

    39th people's Governments above the county level and agricultural mechanization, public security, transportation, energy, insurance, and other relevant departments and units should provide facilities and services for agricultural machinery TRANS-operations and the implementation of safety supervision and management in accordance with law.

    Agricultural machinery TRANS-operations, city divided into districts and counties (cities, districts) of agricultural machinery safety supervision organization shall, jointly with relevant departments, on cross-administrative operations of agricultural machinery the necessary safety technical inspection and safety education driving operators.

    40th article establishing and perfecting the agricultural insurance systems, agricultural machinery can offer premium subsidies for the uninsured. Franchised and run transport tractors should be compulsory traffic accident liability insurance to insurance agencies.

    Undertaking the compulsory motor vehicle insurance business insurance institution shall, in accordance with the regulations of premium standards of franchised, run tractor transport insurance business, not denying coverage or refusing to insure in disguise.

    41st endanger personal and property safety of agricultural machinery reaches end of life conditions, should stop using, to be scrapped.

    Districts of cities and counties (cities, districts) of agricultural machinery safety supervision agency will reach countries and end conditions of this province agricultural machinery, notify its owner.

    City divided into districts and County (city, district) people's Government departments in charge of agricultural mechanization supervision of obsolescence or State decrees, dissolution or destruction obsolete agricultural machinery.

    42nd farm machinery safe overseeing law enforcement officers to conduct agricultural machinery safety supervision and inspection, you can take the following measures:

    (A) to the relevant units and individuals to understand the situation, check out, copy the relevant material;

    (B) the inspection certificates, licences and driving tractors, combine harvester operations documents;

    (C) examination endangers the security of personal and property safety of agricultural machinery, agricultural machinery on major accident hazards, order the parties to immediately stop work or stop the transfer of agricultural machinery, and repair;

    (D) ordered driving operators to correct illegal operation of agricultural machinery;

    (E) the seizure of farm machinery accidents in accordance with law. Article 43rd farm machinery safe overseeing law enforcement when safety supervision and inspection personnel shall wear uniform logo and produce a certificate of administrative law enforcement.

    Agricultural vehicle safety inspections and accident investigations should be on the vehicle body spray logo.

    The sixth chapter legal liability

    44th agricultural machinery safety supervision organization and other departments does not perform agricultural machinery safety supervision and management responsibilities and other acts in violation of the relevant laws and regulations, directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, by judicial organs according to law.

    45th all of agricultural machinery, driving operators disobey tenth, 14th, 18th, 19th, 23rd, article, city divided into districts and counties (cities, districts) of agricultural machinery safety supervision authority under the State Council of the agricultural machinery safety supervision and management regulations and the Hebei province, the relevant provisions of the regulations on the management of agricultural machinery.

    The seventh chapter by-laws Article 46th these measures shall take effect on November 1, 2013. September 20, 1994, Hebei province people's Government promulgated the measures on agricultural machinery safety supervision and management in Hebei province abolished at the same time.