Guangdong Province Management Overload Freight Vehicles Liability Approach

Original Language Title: 广东省治理货运车辆超限超载工作责任追究办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384501.shtml

Guangdong Province management overload freight vehicles liability approach (November 4, 2012 Guangdong Province Government 11th session 107 times Executive Conference considered through December 29, 2012 Guangdong Province Government makes 178th, announced since March 1, 2013 up purposes) first article to strengthening governance freight vehicles super limited overload work, implementation levels Government and about sector in governance freight vehicles super limited overload work in the of responsibility, according to People's Republic of China administrative monitored method, and administrative organ civil servants disposition Ordinance, about legal regulations,

    Combined with the facts of the province, these measures are formulated.

    Article within the administrative region of this province for assigning responsibility for governance of overloaded freight vehicles, these measures shall apply.

    Article overload freight vehicles mentioned in these measures refers to freight vehicles without approval of the highway authority over bridges, roads the limit load, height limits, limits width, limit driving standards, or freight vehicles driving permit authorized rated load.

    This approach by said responsibility held, is refers to for freight vehicles super limited overload caused bridge, and road serious damaged and personnel casualties, production security accident of, on by involved of governance vehicles super limited overload detection station, and governance vehicles super limited overload flow inspections team, and mount goods source, and vehicles production and modified and the maintenance places, units of fault responsibility for pour check, held units and responsibility people not perform or not right perform governance freight vehicles super limited overload work duties of responsibility.

    Fourth control vehicle overload work of provincial government officials, city and County (district) Government, and departmental accountability mechanisms.

    Supervisory organs at all levels are responsible for the concrete implementation of legal responsibility.

    Transportation, public safety, economy and information technology, industry and commerce, quality and technical supervision, work safety supervision and management departments in accordance with their respective responsibilities, and doing a freight vehicle overloaded work.

    Article fifth accountability include:

    (A) the city and County (district) people's Governments and principal;

    (B) the city and County (district) people's Government departments and their heads;

    (C) entrusted the administration of the Executive management body and its head.

    Directly responsible of the responsibility involved in the search, supervised by the supervisory organs to the competent authorities in accordance with the provisions of accountability.

    Sixth governance overloaded trucks work responsibility, implementation of seeking truth from facts, law and regulation, accountability, the principle of combining education with punishment.

    Article monitoring and transportation departments, public security organs at all levels of traffic management departments, safety supervision departments and other relevant units of accidents caused by overloaded trucks, should investigate their units or all through the site and other related units of fault liability, extract the relevant evidence to form a report on the initial check.

    Responsibility to check the preliminary verification, should be completed within 10 working days; major accidents and the complexity of the case, approved by the higher authorities may be appropriately extended, but shall not exceed 30 working days.

    Article eighth of accidents caused by overloaded freight vehicles is verified by the supervisory authorities in accordance with the objects of responsibility liability investigation, finds that making a decision or recommendation of supervision.

    Nineth has any of the following circumstances shall be given a lighter punishment:

    (A) cooperate with the investigation;

    (B) the initiative to correct mistakes and to take timely remedial measures to effectively prevent damage expansion;

    (C) other relevant mitigating circumstances.

    Article tenth has any of the following circumstances, it shall be given a heavier punishment:

    (A) interfere with, obstruct investigations;

    (B) conceals, forgery, destruction of evidence;

    (C) the shield connection personnel;

    (D) falsify or prevent disclosure report and provide evidence of others; 

    (E) other circumstances that shall be given a heavier punishment. 11th city, County (district) people's Government fails to perform or do not properly fulfill their governance organization leadership of overloaded freight vehicles work, cause overload and oversize freight vehicle road accident caused, shall be mainly responsible and in charge of the responsibility of the owner of.

    Minor, conducting interviews, be ordered to conduct a review or give notice of criticism; if the heavier, given administrative sanctions according to law. 12th transport sector do not refit to vehicle maintenance enterprises to carry out effective supervision of conduct, cause overload and oversize freight vehicle road accident caused, shall be subject to transportation departments in charge of the head, Chief and business executives or supervisory unit in charge of the head, of responsibility.

    Minor, shall be ordered to conduct a review or criticism; the plot of, be warned or demerit; the circumstances are serious, given a demerit or demoted. 13th transport sector not coal, cement and other goods distribution and road transport station (field) effective supervision and inspection over transport loading behavior, cause overload and oversize freight vehicle accident caused by road, they shall be heads of transportation departments in charge, major leaders and business executives or supervisory unit in charge of the head, responsibility.

    Minor, shall be ordered to conduct a review or criticism; the plot of, be warned or demerit; the circumstances are serious, given a demerit or demoted. 14th control the overloaded vehicles inspection station, governance overloaded vehicles overloaded mobile inspection teams not following release of freight vehicle accidents, law governing overloaded vehicles inspection station, governance overloaded vehicles mobile inspection teams in charge and heads of departments in charge of the head, the main responsibility.

    Lesser, given demerit; if the heavier, given a demerit or demoted in serious cases, dismissal. 15th Transport Department and the public security organs traffic management departments in accordance with the provisions governing vehicle overload detection, governance overloaded vehicles mobile inspection teams assigned to law enforcement officers or designate law enforcement officers not to be, cause overload and oversize freight vehicle road accident caused, shall be subject to Transportation Department and head of the public security traffic Administrative Department in charge of the head, the main responsibility.

    Minor, shall be ordered to conduct a review or criticism; the plot of, be warned or demerit; the circumstances are serious, given a demerit or demoted. 16th traffic Administration Department of public security authorities not to implement the relevant provisions of article, does not meet the conditions for registration of motor vehicles of the State vehicle issued registration certificate, plate, driving permit, conformity inspection mark, causing overload and oversize freight vehicle road accident caused, shall be subject to the DMV in charge, head of traffic police in charge of the head, the main, and responsibility.

    Lesser, given demerit; if the heavier, given a demerit or demoted in serious cases, dismissal. Article 17th economic access to vehicle manufacturers and information technology departments in accordance with State regulations on vehicle manufacturers and product bulletin, illegal modification of overloaded freight vehicles caused road accidents, shall investigate the head in charge of the economy and information technology Department, key principal responsibilities.

    Minor, shall be ordered to conduct a review or criticism; the plot of, be warned or demerit; the circumstances are serious, given a demerit or demoted. 18th Guangdong province to investigate unlicensed business sector is not in accordance with the management regulations deal with no business license without authorization, engaged in road transport operators, road transport station (farm) management and vehicle modification, maintenance management, cause overload and oversize freight vehicle accident caused by road, shall be heads of departments in charge of industry and commerce, the main responsibility of the owner of.

    Minor, shall be ordered to conduct a review or criticism; the plot of, be warned or demerit; the circumstances are serious, given a demerit or demoted. 19th quality supervision departments did not check in modified vehicle manufacturer's production sites and implementation of standards, should be found and found no modified vehicles producing enterprises according to the requirements of enterprise standard system to organize production, illegal modification of overloaded freight vehicles caused road accidents, shall investigate the quality supervision Department in charge of the head, chief responsibility.

    Minor, shall be ordered to conduct a review or criticism; the plot of, be warned or demerit; the circumstances are serious, given a demerit or demoted. Article 20th quality supervision departments are not in accordance with the responsibility to clear the motor vehicle safety inspection agency requirements and supervision, resulting in illegal modification of overloaded freight vehicles driven on the road accident caused, shall be investigated for the quality supervision Department in charge of the head, the main responsibility of the owner of.

    Minor, shall be ordered to conduct a review or criticism; the plot of, be warned or demerit; the circumstances are serious, given a demerit or demoted. Article 21st security regulators not to filling units for safety supervision of dangerous chemicals, resulting in accidents from hazardous chemicals to overload freight vehicles driven on the road, shall be subject to safety supervisory departments in charge of the head, of responsibility. 

    Minor, shall be ordered to conduct a review or criticism; the plot of, be warned or demerit; the circumstances are serious, given a demerit or demoted. 22nd an applicant who does not meet the statutory requirements of the Executive administrative license or beyond the statutory authority to grant administrative licensing decision, cause overload and oversize freight vehicle road accident caused, shall be mainly responsible and in charge of the responsibility of the owner of.

    Lesser, given demerit; if the heavier, given a demerit or demoted in serious cases, dismissal. 23rd people's Governments at various levels, departments, enterprises and institutions and their staff refused to cooperate with the investigation and evidence gathering, and hold principals accountable according to law.
Minor, shall be ordered to conduct a review or criticism; the plot of, be warned or demerit; the circumstances are serious, given a demerit or demoted.

    Article 24th controlling freight vehicles overloaded staff work in the governance of overloaded freight vehicles in the abuse, negligence, malpractice, disciplined by the appointment and removal or the supervisory organs; violation of party discipline, transfer the disciplinary authority of competent jurisdiction constitutes a crime, criminal responsibility shall be investigated according to law. 25th article of the rules take effect on March 1, 2013.