In Sichuan Province, The Ferry's Management Approach

Original Language Title: 四川省渡口管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387162.shtml

In Sichuan province, the ferry's management approach

    (January 21, 2013 consideration by the Sichuan provincial people's Government, the 120th Executive February 06, 2013 and Sichuan provincial people's Government announced order No. 265, come into force on April 1, 2013) Chapter I General provisions

    First in order to regulate the ferry management, maintaining the order of ferrying, accessible travel, ensuring public safety, according to the People's Republic of China inland river transportation safety management regulations, the Sichuan provincial water traffic safety regulations and other laws and regulations, in Sichuan province, these measures are formulated.

    Second approach applies to ferries in the administrative area, Sichuan province, construction, maintenance, operation, management and other activities.

    Referred to in the preceding paragraph, however, refers to rivers, lakes, reservoirs and scenic spots, nature reserves and urban garden in the waters on both sides of places to move people, goods, vehicles and facilities, including ferrying water, docks, boats and other facilities for ferry service.

    Article III the ferry's management following the first principle, dependency management, service and people's livelihood, graded responsibility, reduction, improve quality, encourage withdrawal across the bridge, promoting the construction of public ferry. Fourth County level shall be responsible for the ferry's management work within their respective administrative areas.

    The township (town) people's Governments (including subdistrict offices, the same below) responsible for the administration of the ferry's management in their daily work.

    People's Governments above the county level transportation departments and maritime the maritime administrative agency in accordance with the laws, regulations and these regulations, meet ferries regulatory duties and other duties stipulated by laws and regulations.

    People's Governments above the county level safety, water supply, housing and urban-rural construction, finance, education, public security, tourism and other related sectors, according to their respective duties and the present regulations, the ferry's management related work.

    Chapter II management responsibilities

    Fifth people's Governments at the county level shall perform the following specific functions:

    (A) is responsible for the planning and approval of the ferry, develop public ferry building planning and implementation;

    (B) establish the ferry's management and supervise the implementation of the responsibility system, organize ferry safety supervision and inspection;

    (C) increase investment in ferry construction, to ferry water traffic safety supervision and management, providing the necessary funding guarantees; public ferry piers, ferry building and maintenance renewal and maintenance, assistance with the crew, ferry insurance requirements included in the budget;

    (Iv) is responsible for the disposal of ferry traffic accident and aftermath;

    (E) other duties stipulated by laws, rules and regulations.

    Article sixth of township (town) people's Governments shall perform the following specific functions:

    (A) establishing ferries daily management work, the relevant bodies and personnel;

    (B) is responsible for the crew of the ferry and the ferry safety education and training to the staff, establishing ferries ferry crew evaluation system of public welfare and organize its implementation;

    (C) the ferry security supervision and inspection, to stop or correct illegal activities according to law, to detect security risks in accordance with the provisions;

    (Iv) is responsible for the day-to-day management and maintenance of public ferry;

    (E) establish a ferry rescue mutually mechanism, the implementation of ferry-related emergency;

    (Vi) other duties stipulated by laws, rules and regulations.

    Article seventh reservoirs, hydropower stations and scenic spots, nature reserves, gardens within the water management agency (hereinafter referred to as specific water management bodies) responsible for the day-to-day management and maintenance of the ferry in the waters.

    Eighth people's Governments above the county level transportation departments and maritime the maritime administrative agency shall perform the following specific functions:

    (A) the relevant instruction and supervision to establish safe production and management systems, implementation of the ferry;

    (B) responsible for the inspection of the ferry, registration and ferry certificates, certificates of competency of seafarers issued by;

    (C) the ferry security supervision and inspection, instruction and supervision to the ferry security hidden danger and control;

    (D) ferry maritime accidents investigation and collection of evidences, in accordance with the provisions of decision or investigation reports;

    (E) other duties stipulated by laws, rules and regulations.

    Provincial transport authorities are responsible for the development of the ferry's management of industry standards and specifications.

    Nineth relevant departments of the people's Governments above the county level shall perform the following duties:

    (A) the safety supervision Department is responsible for the safety management of ferry's comprehensive guidance, coordination and supervision;

    (B) the water supplies Department to investigate and punish illegal fishery ship passenger ferry, and ferry in the waters of the fishing, aquaculture and other acts;

    (C) the Education Department to supervise schools strengthen students ' ferry safety education;

    (D) the security administration work of the public security organs shall be responsible for the ferry, to investigate and punish impairing public security violations and ferrying order, destruction of the ferry facility.

    Chapter III sets and construction

    Tenth set crossing shall be consistent with basin, urban-rural, such as shipping and flood control planning, considering ferrying needs, security, and other factors.

    Section 11th crossings shall comply with the following conditions:

    (A) the location should be flat water, sufficient water depth, slope stability, vision, suitable ships and passengers up and down the place and away from the dump and equipment and production of dangerous goods;

    (B) meet the required Pier, road and ship facilities, passengers, cargo handling facilities, video surveillance in accordance with the provisions of regulatory facilities and equipped with rescue, fire fighting, emergency communication facilities;

    (Iii) qualification of the ferry;

    (D) equipped with the appropriate qualification of crew members.

    Vehicle ferry crossing in addition to the conditions prescribed in the preceding paragraph, shall also is connected with the road meets highway engineering technique standard, meet crossing traffic need to be introduced; set the perfect traffic signs, markings and to skid, crash safety facilities.

    Ferry applied for night navigation, navigation, navigation and lighting facilities, shall comply with the relevant norms of the State, Harbor maritime administration at the county level for examination and approval, approval of the people's Governments at the county level. 12th, application settings, however, applicants should submit a feasibility study report and the ferry site submissions, through ferry County (town) people's Government for approval, reported to the county people's Governments for approval.

    Before County approval, should seek the views of Harbor maritime administration and relevant departments, field verification, in line with the conditions of approval, and ferry area boundaries; do not meet the conditions, reasons and not granted in writing.

    Cross county-level administrative region set up ferry, shall be subject to the relevant people's Government at the county level, respectively, after the approval by consensus, a newspaper-level transportation departments.

    Migration or cancel the ferry, the applicant shall follow the procedures prescribed in the preceding paragraph, dismantle the safety facilities in a timely manner, properly dispose of ferry. 13th due to build hydroelectric power plants, reservoirs released waters needed settings such as ferries, the construction unit shall in hydropower stations, reservoirs and other projects before the projects submitted to the ferry County people's Government.

    Ferry construction should be synchronized with the project design, construction, and put to use in accordance with regulations and bear the costs of the construction, management and maintenance of the crossing. 14th the applicant shall in accordance with the approved building ferries. Ferry after completion of construction, the applicant shall, to the ferry County Government transportation authorities applied for acceptance.

    People's Governments at the county level transportation departments shall organize the relevant departments in accordance with the statutory procedure for acceptance, acceptance and go through the relevant formalities according to law, can be put into use. 15th Township (town) people, specific water management should be set bulletin, prospecting the warning water level line and stop crossing the water level line.

    Fords of the cascade River and the reservoir area should also set up the alert control flow identity and stop crossing control flow identification.

    Bulletin Board name shall be indicated in the ferry, ferries, ferry routes, ferrying notes as well as security responsibility and responsible person, monitor phone calls and other content.

    Fourth chapter ferry and crew 16th ferry should be in accordance with inspection, registration and inspection, registration of ships eligible to hold a certificate. The ferry building, reform should be undertaken by a qualified ship production enterprises, and in strict accordance with the approved drawings.

    Public ferries ferry ship type standardization should be made.

    17th ferry should be prominently marked ship name, port of registry, load line mark and passenger (car) quota, ferry safety related matters, such as, setting lights, shape, such as a security identification. Ferry should be in accordance with the required safety rails.

    Cars crossing the ferry deck prospecting designated parking areas and ban set out lines, set skid, anti-collision device.

    Ferries should be regular inspection, maintenance and repair, without changing the structure and operational performance.

    18th ferry crew members shall obtain the appropriate certificate of competency or other certificates of competency.

    Ferries are equipped with number of crew members shall not be less than the approved minimum safe manning.

    19th ferry crew members should participate in safety training, strict implementation of requirements for safe navigation, urged passengers to wear life-saving facilities in accordance with regulations, to stop or correct passenger and vehicle violations.

    No one shall be ordered, illegal operation forced the ferry crew members.

    20th when the ferry ferry, ferries, ferry crew member certificates and certificates shall carry on board.

    Fishing vessels engaged in ferrying, personal use the ship.

    The fifth chapter ferry security 21st should ferry in the waters of the ferry in accordance with safe operation requires that the route of the.

    Super games alert water levels or alert control traffic, should be reduced in accordance with the provisions contained in reach had been suspended when crossing the water level or to be laid up on control flow, should immediately stop crossing.

    22nd is prohibited in the waters of ferrying sand, fishing, farming and set up a permanent fixtures without authorization is prohibited to ferry water dumped mud, gravel, garbage or other waste.

    23rd hydropower station and reservoir management unit for water diversion, water storage operations may lead to ferry water levels rapidly changes, affecting the safety of the ferry, shall issue to the community of water regime information in advance, and to inform the relevant authorities.
24th ferry should be in accordance with the requirements under article mount transport, control of load distribution to ensure load balancing, in particular standards and norms established by the provincial transport authorities.

    25th transition of passengers shall comply with the ferry's safety management regulations, follow the ferry command staff, maintaining the order of ferrying, wear life-saving facilities in accordance with regulations, not to bring prohibited items.

    Transition vehicle, the driver shall comply with the ferry's safety regulations, follow the ferry command staff, maintaining the order of ferrying, strict enforcement of safe driving practices.

    26th under any of the following circumstances, no ferry:

    (A) in case of flooding or high winds, fog, snow and other inclement weather, endanger the safety of the ferry;

    (B) the ferry fire, life safety facilities do not meet the requirements;

    (C) flammable, explosive and other dangerous goods and passenger mix with boat loading or shipment of dangerous goods by motor vehicles and passenger vehicles mix with ship-borne;

    (D) the overcrowding or overloading;

    (E) the ferry crew does not meet the requirements or the drunken boat is equipped with;

    (Vi) other circumstances that affect ferry safety. 27th the township (town) people's Government, the specific water management institutions should be established in accordance with the relevant provisions of the ferry check-single aerial system.

    Daily volume for more than 300 passengers of the ferry, shall determine the person responsible for check single voyage voyage; other ferry sign single aerial system, by the township (town) people, specific water management agencies according to the needs identified.

    Signing officers shall truthfully record ferry shall not cheat; found that ferry safety hazard or violation shall be made to the ferry County (town), specific water management institutions under the County Harbor maritime administrative agency reports.

    28th ferry owners or operators to take ferry safety responsibilities should comply with laws and regulations, the ferry's management regulations and standards, norms, and establish a sound internal management system, strict implementation of the emergency plan, ship rescue mutually mechanism, organize or participate in emergency rescue drills in accordance with regulations. 29th ferry water traffic accidents, ferry owners or managers, rescue crew should immediately, and in accordance with the provisions of the report.

    The local people's Government, transportation authorities and other relevant departments shall, in accordance with relevant regulations of the State and province, the rescue, investigation and handling of accidents and so on.

    30th ferry it shall cover the passengers personal accident insurance and related insurance.

    The sixth chapter legal liability

    31st for acts in violation of these rules, People's Republic of China inland river transportation safety management regulations, the Sichuan provincial water traffic safety regulations, laws and regulations are provided, from its provisions.

    32nd ferry owner or operator who contravenes these rules, any of the following acts, the competent maritime the maritime administrative agency shall be ordered to correct, punishable by penalty of 2000:

    (A) not required is equipped with a ferry fire, life, video surveillance and other security facilities;

    (B) is not required is equipped with a ferry crew;

    (C) the ferry ferry inspection certificate, registration certificate does not carry on board;

    (D) unauthorized, unauthorized night;

    (E) the shipment of dangerous goods by motor vehicles and passenger vehicles mix with ship-borne;

    (Vi) without changing the structure and performance of the ferry.

    33rd ferry crews in violation of the rules of any of the following acts, the competent maritime the maritime administrative agency shall be ordered to correct, punishable with a penalty of 500:

    (A) the drunken boat;

    (B) does not load transport, as required;

    (C) when the ferry crew members did not carry on board certificates, documents;

    (D) endanger the safety of the ferry still ferrying of bad weather.

    34th article of any units and individuals in violation of the rules of any of the following acts, the competent maritime the maritime administrative agency shall order rectification can be fined a maximum of 3000 Yuan:

    (A) migration, revoked the ferry, not dismantle the safety facilities in a timely manner;

    (B) the ferry without a corresponding qualification of construction, transformation;

    (C) in the waters of ferrying sand mining, fishing and aquaculture;

    (D) in the waters of the ferry without setting a permanent fixtures;

    (E) to the ferry for dumping of mud, gravel, garbage or other waste.

    Article 35th of township (town) people's Government in accordance with the relevant laws and regulations and these regulations, can harbor commissioned by the maritime administrative agency within the competence of the county level administrative punishments.

    Article 36th crossing management personnel who abuse their powers, neglect their duties or engages in, by the competent authority responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    37th the following terms shall have the meanings herein:

    Refers to the public ferry to meet the travel needs of the public, published by the approval of the people's Governments at the county level, granting full or partial financial assistance to cross the ferry.

    Ferry is approved to travel to and from the ferry in the waters or any start and end point of the voyage at the ferry within short distance movement of personnel, cargo ships and vehicles.

    Ferry crew is in accordance with relevant regulations of the State, obtained the corresponding certificates, certificates of the ferry driver, engine room personnel and other staff on board. 38th article of the rules take effect on April 1, 2013.