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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

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Exclusive accountability for the management of freight vehicles in the Province of Broad Orientale

(Summit 11107th ordinary meeting of the Government of the Greater Orientale province of 4 November 2012 to consider the adoption of Decree No. 178 of 29 December 2012 of the Order of the People's Government of the Great Britain and Northern Province, which came into force on 1 March 2013)

Article 1, in order to strengthen the overloading of shipping vehicles in governance, implements the responsibilities of all levels of people's governments and relevant sectors in the management of overloads of cargo vehicles, in accordance with the relevant laws and regulations, such as the National People's Republic of China's Administrative Monitoring Act, the Civil Service Disposal Regulations of the Administration, and develop this approach in the light of the actual practice of the province.

Article 2

Article III of this approach refers to the excess of cargo vehicles, which are not authorized by the road management authorities to exceed the bridge, the limits of the roads, the limits, the breadth, the length of time, or the length of the delivery vehicle exceeds the authorized level of delivery.

The responsibility described in this approach refers to accidents resulting from the overloading of freight vehicles resulting in damage, severe damage to roads and loss of human life, and to the overloading of the related governance vehicles, the overloading of the management vehicle, the overloading of the vehicle, the loading of cargo sources, vehicle production and reloading and maintenance sites, and the failure of the relevant units and responsibilities to perform the overloading duties of the freight forwarder.

Article IV governs the overloading of cargo vehicles by the provincial government, the municipality (zone) government, which is responsible for the work mechanisms of the respective sectors.

All levels of inspection are responsible for the specific implementation of the law.

The sectors such as transport, public safety, economic and informationization, business, quality technical supervision, safe production control, are governed by their respective responsibilities by the overloading of shipping vehicles.

Article 5 targets for accountability include:

(i) The Government of the city, the district (zone) and its heads;

(ii) The relevant sectors and heads of the Government of the city, the district (zone);

(iii) The management body entrusted by the executive branch to perform administrative functions and its heads.

The responsibility goes down to the direct responsible person involved in the investigation and is monitored by the inspectorate to hold accountability in accordance with the provisions.

Article 6.

Article 7. All levels of inspection and transport sectors, the transport management of public security authorities, the security sector and other relevant units shall investigate the miscarriage of cargo vehicles resulting in an accident, and shall draw relevant evidence and form preliminary verification reports.

The responsibility should be finalized within 10 working days; the heavy accident, the complexity of the case and the approval by the superior authorities of an appropriate extension, but not more than 30 working days.

Article 8.

Article 9 has one of the following circumstances and shall be disposed of by reason:

(i) To cooperate actively with the investigation;

(ii) Actively correct errors and take prompt remedial measures to effectively prevent the expansion of the consequences;

(iii) Other cases that should be disposed of lightly.

Article 10 has one of the following circumstances, and should be reactive:

(i) Interference and obstruction of investigation;

(ii) Conclusive, forged and destroyed evidence;

(iii) To cover the same person;

(iv) Size or prevent others from disclosing and providing evidence materials;

(v) Other cases to be disposed of.

Article 11. The Government of the city, the district (zone) does not carry out or is not in the rightful exercise of the organizational leadership of the overloading of the shipment vehicles, resulting in a liability accident resulting from the movement of overloaded vehicles and is held accountable by law to the principal and sub-heads. In the light of the circumstances, the conduct of interviews, the examination of the order, or the criticism of the communication; the aggravation of circumstances and the lawfulness of the matter.

Article 12. The transport sector does not effectively regulate the alterations of vehicle maintenance enterprises, resulting in an accident of responsibility for the movement of overloaded cargo vehicles, and is held in accordance with the law on the responsibility of the transport sector heads, principals and corporate heads or supervisors or supervisors of the regulatory units. In the light of the circumstances, the prosecution or the notification of criticism; in the light of the gravity of the circumstances, the warning or the disposition of the matter; and in the event of a serious nature, it gives rise to or downgrading.

Article 13. The transport sector does not carry out effective monitoring inspections of cargo loadings such as coal, cement and transport stations (grounds), resulting in an accident involving the movement of overloaded cargo vehicles, and is held accountable by law to the head of the transport sector, the principal head and the enterprise manager or the supervisor of the regulatory units. In the light of the circumstances, the prosecution or notification of criticism; in the light of the gravity of the circumstances, the warning or the disposition of the matter; and in the event of a serious nature, it gives rise to or downgrading.

Article 14. In the light of the circumstances, it has been disposed of; in the light of the gravity of the circumstances, it has been taken over or at a lower level; in the event of serious circumstances, it has been taken away.

Article 15. Transport sector, transport management of public security authorities are not assigned to law enforcement personnel for the management of vehicles overloading stations, over-loaded mobile inspection teams, or assigned law enforcement officials do not act as a result of an accident in excess of cargo transport vehicles, and are held accountable under the law by the transport sector and the transport authorities for the responsibilities of the main holder. In the light of the circumstances, the order takes a review or a briefing of criticism; in the light of the gravity of the circumstances, the warning or the disposition of the matter; in the event of a serious nature, it gives rise to excessive or lower-level disposal.

Article 16 does not carry out the relevant provisions for the issuance of registration certificates, brands, trajectorys and pre-qualification marks for cargo vehicles that are not in compliance with the State's requirements for the registration of mobile vehicles, resulting in an accident of responsibility on the route of a superloaded cargo vehicle and is held accountable under the law to the principal heads of the vehicle pipeline and to the head of the municipal escort. In the light of the circumstances, it has been disposed of; in the light of the gravity of the circumstances, it has been taken over or at a lower level; in the event of serious circumstances, it has been taken away.

The access of the economic and information sectors to a vehicle production enterprise has not been managed in accordance with national provisions for the management of vehicle-producing enterprises and product announcements, resulting in the illegal conversion of ultra-loaded vehicles to cause a liability accident, and in accordance with the law, the responsibilities of the heads of sub-offices of the economy and information system. In the light of the circumstances, the prosecution or the notification of criticism; in the light of the gravity of the circumstances, the warning or the disposition of the matter; and in the event of a serious nature, it gives rise to or downgrading.

The business sector does not carry out a liability accident in accordance with the Regulations of Conduct No. 18 of the Broad Orientale Province, which imposes no business permit for the conduct of road transport operations, operation of road transport stations (grounds) and vehicle reloading, maintenance, resulting in the transfer of overloaded freight vehicles, and is held accountable by law to heads of the business sector and principals. In the light of the circumstances, the order takes a review or a briefing of criticism; in the light of the gravity of the circumstances, the warning or the disposition of the matter; in the event of a serious nature, it gives rise to excessive or lower-level disposal.

Article 19 does not check the implementation of the facilities and standards of the manufacture of vehicles and the performance of the vehicles, it should be found that the company that has not been reconfigured for the production of vehicles does not organize production in accordance with the enterprise standard system, resulting in the illegal conversion of excess cargo vehicles to bear the responsibility for accidents, and that the responsibilities of the heads of the quality sector should be prosecuted by law. In the light of the circumstances, the prosecution or the notification of criticism; in the light of the gravity of the circumstances, the warning or the disposition of the matter; and in the event of a serious nature, it gives rise to or downgrading.

Article 20 does not explicitly require and oversee the inspection of the motor vehicle safety technical test agency in accordance with its responsibilities, resulting in an accident of responsibility for the illegal conversion of overloaded freight vehicles, and accountability for the head of the custodian sector in accordance with the law. In the light of the circumstances, the prosecution or notification of criticism; in the light of the gravity of the circumstances, the warning or the disposition of the matter; in the case of serious circumstances, it gives rise to or downgrading.

Article 21 does not regulate the safety of hazardous chemical loading units, resulting in the movement of dangerous chemicals overloaded cargo vehicles to cause accidents, and is held accountable under the law for the Head of the Security Regulatory Sector and the principal head. In the light of the circumstances, the prosecution or notification of criticism; in the light of the gravity of the circumstances, the warning or the disposition of the matter; in the case of serious circumstances, it gives rise to or downgrading.

Article 22 provides administrative licences to applicants who are incompatible with the statutory conditions or to decide to grant administrative permission beyond the statutory authority, resulting in a liability accident on the route of a superloaded cargo vehicle, and is held in accordance with the law by the principal holder and the head of the branch. In the light of the circumstances, it has been disposed of; in the light of the gravity of the circumstances, it has been taken over or at a lower level; in serious circumstances, the dismissal is given.

Article 23. The Government of the people at all levels, the relevant sectors, the business unit and its staff have refused to cooperate in the investigation of evidence and are held accountable by law to the principal holder. In the light of the circumstances, the prosecution or notification of criticism; in the light of the gravity of the circumstances, the warning or the disposition of the matter; in the case of serious circumstances, it gives rise to or downgrading.

Article 24

Article 25