Overrun Of Hubei Province Highway Transportation Management

Original Language Title: 湖北省公路超限运输管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384562.shtml

Overrun of Hubei Province highway transportation management

    (February 20, 2012, Hubei provincial people's Government Executive meeting considered by Hubei provincial government order No. 357, published since December 5, 2012 as of February 1, 2013) Chapter I General provisions

    First in order to strengthen management of overweight transportation, maintenance condition, ensuring safe and smooth, according to the People's Republic of China Road law, road safety regulations on the protection of, the Hubei provincial highway Management Ordinance, the Hubei provincial Expressway management regulations and other relevant provisions of laws and regulations, combined with the facts of the province, these measures are formulated.

    Article in the province engaged in road transport-related activities within the administrative area of the application of this approach.

    Article Highway overload in these measures refers to more than laws, statutes, regulations, or more than traffic signs indicating the limit load, limit high, and limit width, limit the vehicle at highway speeds.

    Article Highway overweight transportation management should follow the Government, departments, source control and comprehensive administration principle.

    Fifth people's Government above the county level shall Highway overweight transportation management incorporate the budget requirements, ensuring traffic overload management is working properly. Sixth people's Governments above the county level transportation departments of Highway overload work within their respective administrative areas.

    Competent Department of transportation Highway administrative departments and road transport authority specifically responsible for Highway overload inspection work.

    Development and reform, the people's Governments above the county level finance, public security, economic and information technology, business administration, price, quality and technical supervision, supervision and administration, monitoring and other relevant departments shall, in accordance with their respective responsibilities, to Highway overweight transportation management related work.

    Chapter II integrated management

    Overall dimension of the seventh vehicle, axle load and total mass should comply with the relevant national vehicles offset dimensions, axle load and masses for value of vehicle safety standards, does not meet the standards of no production and sales. Article eighth vehicle manufacturers make vehicles shall conform to the national standards, and in accordance with State regulations, design code calibration technical data of the vehicle, no false calibration. Vehicle production and sales Enterprise shall sell no vehicles that meet the national standards.

    Economic and information technology, industry and commerce administration, quality and technical supervision and administrative departments should strengthen the vehicle production and sales enterprises of supervision and inspection.

    Article cargo operators of vehicle maintenance and inspection should be strengthened, to ensure that vehicles meet state standards; not scrap, unauthorized modifications and other vehicles engaged in road transport operators fail to comply with national regulations.

    Tenth Article police organ traffic management sector should strictly according to People's Republic of China Road traffic security method, and motor vehicle registration provides of provides, issued motor vehicle registration certificate, and plate and driving card, on not meet motor vehicle security technology test standard, and road vehicles outside profile size, and axis load and the quality limited value and vehicles production enterprise and the products announcement of vehicles not registration, and issued vehicles plate and through annual, and will related information copy told local economic and information, and quality technology supervision management sector.

    11th industrial and commercial administrative departments shall investigate and deal with illegal Assembly, converting of motor vehicles assembled and illegal sale, converting of motor vehicles Act, banned the illegal Assembly, converting of motor vehicles companies.

    12th quality technical supervision and management departments should be on Highway overload control of legal metrological verification of detection equipment in the workplace, implementation of the recall system of defective cars and vehicles in accordance with national compulsory product certification system, and do not meet the certification requirements of the automobile manufacturers and products.

    13th production safety supervision and management departments should strengthen supervision and management units for filling of hazardous chemicals, no overload, mixed, in conjunction with the relevant departments for investigation due to Highway overload caused by production safety accidents.

    14th road transportation management agencies should strengthen the road transport station (field) the supervision and inspection, progressive implementation of important goods loading and unloading points, factories and vegetable sources such as base stations of the system of law enforcement officers, strengthening cargo loading supervision source link.

    15th the coal, cement and other goods distribution as well as places such as terminal operators, the administrator shall take effective measures to prevent vehicles that meet the State carry the standard play (stop). Road transportation management agencies should strengthen the coal, cement and other goods distribution and freight stations and other places of inspection, the Suppression of appearances does not meet the relevant State carry the standard vehicle (station).

    No unit or individual may overload the driver, forcing vehicles to transport goods, shall not impede the administrative agency shall conduct supervision and inspection of road transport.

    16th road transport management should establish road freight transportation enterprise and practitioner information systems and credit files, registration of over-limit transportation vehicle and enterprise information, establishment of quality evaluation system of road transportation enterprises.

    Highway administrative departments should establish and perfect the vehicle registration system, overload of illegal information inform road transport authority, the public security organs traffic management departments, as well as other relevant departments and agencies, departments and agencies should be associated with the feedback of highway authority.

    Chapter III vehicles 17th over highways, roads and bridges, road tunnel restrictions set out wide, high limit, limit, limit the vehicle shall not be driven on highways, roads and bridges or road tunnels over car ferry loads, limit high, width restriction and limit the vehicle shall not be used car ferry crossing.

    Highway administrative departments shall, in accordance with the national regulations set limits set out wide, high limit, limit, a limit mark.

    Highways, roads and bridges, highway tunnels limit load, high limit, width, limit long standard tuning, road management, road management companies shall promptly change the limit load, height, width, limit restriction signs need to bypass the shall also indicate the detour route. 18th disintegration of road transport is not available, 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, engaged in the transportation of units and individuals shall apply to road management agencies to submit written.

 
In addition to make licensing decisions on the spot, however, road management agencies should make a decision on whether to license in the 20th after accepting.

    Article 19th road overlimit permits in accordance with the following provisions:

    (A) overlimit across the city divided into districts, make application to the provincial highway Management Agency, accepted by the provincial highway authority and approval;

    (B) in districts within the city limits of County, city and district to overload, apply to the district municipal road management agencies, managed by the district Highway agencies to accept and approve;

    (C) in the counties, cities and districts within the overload, to apply to the County, city and district road management agencies, managed by the counties, municipalities, and highway agencies to accept and approve;

    (D) overlimit across provinces, autonomous regions and municipalities directly under and in accordance with the relevant provisions of the State.

    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 applicants 20th road governing body should be based on the actual surveyed right-of-way, reinforcement and adaptation measures need to be taken, you can conclude relevant agreements with the applicant and corresponding improvement or rehabilitation programs.

    Highway administrative departments shall, in accordance with its reinforcement and reconstruction programmes to reinforce common facilities such as roads and bridges, culverts, transformation when necessary according to law to regulate the overload transportation vehicles.

    Road management agencies for the investigation, evaluation, reinforcement and reconstruction, measures such as escorts, as well as the cost of repairing the damaged part, borne by the carrier.

    Article 21st overlimit permit any of the following circumstances, road management institutions shall not be approved, except in special cases:

    (A) the total mass or axle load truck quality exceeds standards set by the State;

    (B) the vehicle height, width and length more than of roads, bridges, tunnels and technical standards;

    (C) route after four level road, substandard roads and technical condition of less than three bridges.

    Illegal modification of vehicles, assembled, tons of great little sign behavior, road management institutions shall not be approved. 22nd Road Administration overlimit traffic roads, over-limit transportation vehicle should be issued by the Department of transportation under the State Council unified standard of over-limit transportation vehicle passes.

    Passes are limited to one way transportation, a bus card.

    Carrier shall be determined in accordance with overlimit permit for transport, route, speed, and raised the clearly marked.

    The fourth chapter vehicle overloads detecting 23rd road management agencies can establish a fixed testing sites, detected by fixed and mobile inspection methods, the vehicle overloads detecting.

    Setting up fixed Highway overload detection site shall be approved by the provincial people's Government.

    24th fix Highway overload detection and flow inspection of weighing instruments, measuring instruments for measurement of geometric dimension of the limit shall make verification by the quality and technical supervision departments above the county level; fails to fail to pass the test or test measuring instruments, offload or processing the test data shall not be used as the basis.

    25th fixed overrun detection stations should be visible from the station public overload detection stations and approval authorities and monitor phone calls, overrun standard, overload detection procedures and standards. 26th vehicles shall be in accordance with overload detection signs or road authorities accepted the command of inspectors unlimited testing shall not intentionally block fixed unlimited testing site traffic lanes, rammed through a fixed unlimited testing site or otherwise disrupt overload detection order may not take short bogey to avoid overload detection.

    Prohibited by way of bypass or in other ways not in line with the relevant State carry the standard of vehicles to avoid overload detection is facilitated.
27th provisions had not been included in the national list of vehicle production suspension axle vehicle or test suspension axle does not have ground bearing capacity and the cars, when overrun detection, its suspension shaft not included in the total number of axes.

    28th transport can unload the goods vehicle exceeding limits, highway overload detection stations shall order the party to unload their own party not to uninstall, uninstall overload detection station by road, uninstall the expenses shall be borne by the parties. Article 29th overload detection stations and unloads cargo custody agreement of the parties.

    Parties shall in the 15th to unload cargo for disposal, fails to dispose of, overrun by road testing station in accordance with the provisions of the sale, the proceeds after deducting related expenses refund parties.

    30th under any of the following acts, road management agencies can legally force away from or seizing vehicles:

    (A) cause damage to the roads, ancillary facilities of roads, refusing to accept the investigation and handling of road management agencies;

    (B) intentionally blocked fixed unlimited testing site traffic lanes, rammed through fixed unlimited testing sites, such as disturbing the order of overrun detection;

    (C) the overloaded transport vehicles to take short bogey, bypass, or otherwise escape detection;

    (D) overlimit approval of vehicles is not in the specified time, course and speed.

    The fifth chapter legal liability

    31st article violates these rules, activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law. 32nd article violates these rules, overloaded vehicles damage to highways, the Parties shall, in accordance with the road loss (s) compensation standards for compensation (compensation) claims. Highway loss (s) pay fees into the financial budget management.

    Highway loss (s) service standards by price administrative departments of the people's Government of the province, in conjunction with provincial financial departments. 33rd article violates these rules, lease, transfer of over-limit transportation vehicle passes, managed by the Highways Agency overlimit permit confiscated, more than 1000 Yuan and fined not more than 5000 Yuan.

    Using forged or altered of over-limit transportation vehicle pass, the highway authorities confiscated forged or altered overlimit permit, fined not more than RMB 30,000 yuan.

    34th article violates these rules, truck overall size than laws, regulations, rules and regulations of the standard or wide traffic signs indicating the height limit, limit, a limit standard, managed by the Highways Agency ordered corrective action and may be fined not more than RMB 30,000 yuan.

    35th article violates these rules, axle loads or total mass exceeding limits, and managed by the Highways Agency ordered corrective action and the circumstances are serious, punish according to the following criteria:

    (A) exceeds the weight limits under 30%, may be fined not more than 500 Yuan;

    (B) exceeds the weight limits for 30% more than 50% below, more than 500 Yuan and fined not more than 2000 Yuan;

    (C) exceeds the weight limits for 50% more than 100% below, more than 2000 Yuan and 10,000 yuan fine;

    (D) exceeds the weight limits for 100%, fines of between 10,000 yuan and 30,000 yuan. 36th article on 1 years within illegal super limited transport over 3 times of freight vehicles, by road transport management institutions law revoked its vehicles operating card; on 1 years within illegal super limited transport over 3 times of freight vehicles driving people, by road transport management institutions law ordered its stop engaged in business sex transport; road transport enterprise 1 years within illegal super limited transport of freight vehicles over this units freight vehicles total 10% of, by road transport management institutions law ordered road transport enterprise closed reorganization; plot serious of,

    Revoked its road transport operator licensing, and announced to the public. 37th in violation of the regulations, cargo operators refitted vehicle operator's vehicle had been made, the road transport authority shall order rectification, and to a fine of up to 5000 Yuan and 20,000 yuan.

    Road transport station (field) operator allows unlicensed vehicles stop engaging in business activities, as well as vehicles, vehicles without security checks or refused without good reason station engaged in business activities of road transport vehicles, by road transport management agency ordered corrective action, and to a fine of up to 10,000 yuan and 30,000 yuan.

    Article 38th of over-limit transportation vehicle driver violation points is given by public security organs traffic management departments.

    39th transport authorities, road management, road transport authority, the public security organs traffic management and related departments of Highway overweight transportation management staff in the performance of duties in the course of duty, favoritism, abuse, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    40th overload management in highway work managed by the Highways Agency. 41st these measures come into force February 1, 2013.