Wuhan Freight Vehicle Overload Control Methods

Original Language Title: 武汉市货运车辆超限运输治理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379279.shtml

Wuhan freight vehicle overload control methods

    (August 6, 2012, Wuhan municipal people's Government at the 23rd Executive meeting on August 30, 2012, Wuhan municipal people's Government order No. 231, published since October 1, 2012) Chapter I General provisions

    First in order to enhance cargo vehicle overload control, guarantee condition, safe and smooth and protect people's lives and property, according to the People's Republic of China highway law, the People's Republic of China on road traffic safety Act and the People's Republic of China regulations on road transport, road safety protection Ordinance (the State Council order No. 593) and other laws and regulations, combined with the city's actual, these measures are formulated.

Second approach applies to overload freight vehicles within the administrative area of the city for treatment.

    Overload in these measures refers to the vehicle carrying more than laws, statutes, regulations, national standards or traffic signs indicating the limit load, height limits, limits width, limit length standard, in the Act of driving on the highway.

    Overweight transportation management should adhere to the law in article reign, both samples, based on the source, the principle of effective governance, a Government-led sector regulation, joint working mechanism.

    Fourth of municipal and district people's Government leadership of overweight transportation management should be strengthened to establish overweight transportation management system and linkage of administrative law enforcement system of the joint, the implementation of objective responsibility and accountability, and overload level governance requirements included in the present budget, protect overweight transportation management work effectively. Article fifth Transport Department and the public security organs shall, in accordance with the Division of responsibilities, responsible for overweight transportation management.

Road management, road transport management and the public security organs traffic management of overweight transportation management implementation.

Economic and information technology, quality supervision, safety, industrial, commercial, financial, pricing, monitoring, territorial planning, water supplies Department, in accordance with their respective responsibilities do the overweight transportation management related work.

    City of Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, East Lake ecological tourism scenic area, Wuhan chemical District Management Committee in accordance with this approach of the district people's Government and the related provisions of the administration functions, is responsible for the management of overweight transportation management in the region. Sixth no unit and individual shall have the right to report a vehicle overload offence.

Receives reports of departments shall, in accordance with the responsibility, timely investigation and treatment.

    Reporting of road management, road transport management units, and the public security organs traffic management sector violations committed by law enforcement officials, complaint departments shall, in accordance with the duties of timely verification and dealt with according to law.

    The second chapter of corruption

    Overall dimension article freight wagons, 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.

    Eighth production enterprises for freight vehicles, should be strictly in accordance with the vehicle manufacturer and product announcements in the announcements of product range and technical parameters of the production of the enterprise, and in accordance with State regulations and technical parameters of design code calibration vehicle prohibiting false calibration.

    Nineth does not comply with the motor vehicle safety inspection standards, road vehicle outline dimensions, axle load and quality limits of mandatory national standards of the vehicle manufacturer and product announcements, and vehicles, public security organs traffic management departments registration, the issuance of vehicle number plates and vehicle inspection certificate, road transport road transport authority not to be granted permits. Tenth article of any units and individuals are not allowed to change the structure of freight vehicles registered, structure or features.

Not collapse items need to be modified for transport shall be conducted by a qualified vehicle manufacturers in accordance with the provisions of the model and technical parameters to be modified.

    Forbidden to change the registered structure, composition or characteristics of freight vehicles at highway speeds, the public security organs traffic management departments have no illegal modification of freight vehicles for the periodic inspection procedures. 11th road management, road transport management and traffic management departments of public security organs not found in the supervision and inspection of compliance with motor vehicle safety standards or altering the structure, structure or features of the registered vehicle, production, modification of the vehicle shall be in the city's corporate communications of economy and information technology, quality supervision departments.

    Economic and information technology, quality supervision departments shall investigate, investigation results and a copy of the business sector and the communication of information in a timely manner.

    12th article District Government should organization traffic transport, and police, and economic and information, and safety, and land planning, and water works, sector, on this administrative within of road transport business enterprise, and terminal field, and goods distributed to and the cargo larger, and easy occurred super limited transport of mining products, and chemical products, and agricultural and sideline products, and building materials production processing enterprise (following collectively freight source units) for registration, and statistics, and verification, determine focus freight source units, and to social be announced.

13th transportation source unit shall comply with the following requirements:

(A) the clear duty relating to employees of the entity, establish and implement accountability systems;

(B) qualification of measurement facilities, equipment, to test for the loading of goods vehicles;

(C) of the factory (field) of freight, cargo and the driver of the vehicle registration information;

(D) in accordance with vehicle quality and filling requirements approved loading and stowage of goods, weight, invoicing, issuing the mount;

    (E) establishing and improving freight vehicle registration and statistics system of the loading, stowage and archives.

14th transportation source unit shall not be any of the following acts:

(A) no number plates of vehicles or vehicle license, road transport permits cargo vehicle, equipped with cargo;

(B) to arbitrarily change the registered structure, structure or characteristics of the freight vehicle, equipped with cargo;

(C) did not show any license, qualification certificate, personnel transportation vehicle, equipped with loading objects;

(D) the excessive loading of vehicles, equipped with loading objects;

    (E) provide false load for extra heavy vehicle certificate.

15th road transportation management agencies should focus on source units of cargo loading, stowage, cargo weight, registration information, vehicle factory (field) and other checks, stop and correct the overload of violations in a timely manner.

    Key transportation source units belong to the important cargo distribution, cargo terminal, road transport authority should implement law enforcement officers systems, enhancing cargo source regulation.

    Chapter III surface treatments

16th over highways, roads and bridges, road tunnel restrictions set out wide, high limit, limit, a limit standard vehicles, unauthorised or in a highway tunnel on the highway, road and Bridge Road. Transport heavy not disintegration of over-limit transportation vehicle is really necessary in highways, roads and bridges or in a highway tunnel, a party shall apply to the management of highway roads overlimit permits receiving overlimit permit.

Overload of traffic safety, road management agencies at the time of approving an application for overlimit shall consult the public security organs traffic management departments.

    Over limit transport permit is limited to one-way transport, a bus card.

Article 17th overload any of the following circumstances, road management institutions shall not be approved:

(A) the vehicle height, width and length more than technical standards for road, bridge, tunnel, unable to take protection measures such as strengthening, transformation;

(B) illegal modification of vehicles, Assembly and "tons of great little sign" such as;

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

    (D) the laws, regulations and other regulations shall not be approved.

    18th carrier shall onboard overlimit permit, according to the specified time, route, rate, and raised the clearly marked.

19th of municipal and district people's Government shall organize the Transportation Department, the public security organs to carry out overlimit surface treatments combined with law enforcement.

Highway administrative departments and public security organs traffic management authorities should establish and perfect the management overload monitoring networks, in accordance with the unified identification standard of over-limit transportation, inspection of freight vehicles.

    Highway administrative departments, public security organs traffic management departments will investigate overload freight vehicles and driver information inform road transport management, road transport management body should be dealt with according to law.

20th road management agencies should be established upon approval of overrun testing stations for vehicle testing and inspection. Inspection station near the road network density, intentional detour to evade detection or short connection contains a serious of the lot, road management companies can use mobile testing equipment, such as mobile testing.

Determined by the flow detection of overloaded transport vehicles, should be booted to the nearest highway overload inspection station for processing.

    Public security organs shall overrun detection stations staff, shall maintain overweight transportation management work order, to obstruct the inspection, malicious, and forcibly recruit violations, destruction of overlimit treatment facilities in the investigation.

    21st motorway authority shall, in accordance with the regulations on Highway overload inspection station inspection station logo, prompts the vehicles, and setting vehicle buffer strips and roadblocks device. 22nd road management institutions shall overrun detection stations set without stopping on the highway mainline pre-clearance facilities, to identify in advance the overload transportation vehicles.

    Transport of freight vehicles is found to have overrun, should guide them to unlimited testing stations for detection. 23rd road management agencies should be installed in unlimited testing stations to the statutory standards institutes of metrology and measurement equipment, detection to detect vehicle and issue a receipt.

    Prohibition of finds by means of Visual overload freight vehicles. 24th to overload freight vehicles tested, the carrier shall take its own unloading, loading and other corrective measures.

After unloading, loading vehicles by road authorities review standard, can be driven on the road.

    The carrier can not be unloaded, loaded, road management agencies should assist in the unloading, loading, the resulting fee shall be borne by the carrier.
25th freight vehicle should be in accordance with overload detection signs or road management agencies, the public security organs traffic management command accepts overload detection for law enforcement personnel, shall not intentionally blocked or forced by highway overload inspection stations may be taken to avoid detection, including short bogey.

For intentionally blocking, through highway overload inspection station or take short bogey to avoid detection, the highway authority may, in accordance with the road safety regulations on the protection of (the State Council order No. 593), to force the vehicle off or detained, and will be punished.

    26th road management agencies to overload the vehicle testing, testing fees shall not be charged; parked on Highway overload inspection station for investigation and settlement of vehicle, shall not collect parking fees. 27th for unloading, packaging of goods, the carrier shall take care of it. Unable to take care of the carrier may entrust Highway administrative departments are kept.

Highway administrative departments shall enter into a custody agreement with the carrier, define the duration of custody, custody fees, liability for breach of such content.

    Carrier exceed retention on the goods does not process, and after notification of the authority have not dealt with by road, highway administrative departments in accordance with law and regulations and custody agreement, the Parties shall be disposed of.

    28th road management, road transport management bodies and the public security organs traffic management units, such as law enforcement personnel when management overload should be licensed, neat, standardized law enforcement.

    The fourth chapter legal liability

29th article violates these rules, illegal production and sale of size and axle load, total mass does not comply with the relevant national vehicles offset dimensions, axle load, the quality limits of motor vehicle safety standards vehicles, quality supervision, industrial and commercial sectors in accordance with the People's Republic of China relevant provisions of the road traffic safety law will be punished.

    National vehicle production enterprise fails to comply with the requirements of the qualification model and technical parameters of modified vehicles, protected by the issuing authority, in accordance with the Road Safety Ordinance (the State Council order No. 593) regulations will be punished.

    30th in violation of the provisions of article 13th, the road transport authority shall order rectification, and fined 1000 Yuan fine.

    31st article violation this approach 14th article subsection (three) items provides of, by road transport management institutions ordered corrected, and according to each liangci sentenced 1000 Yuan fine; violation this approach 14th article subsection (a), and (ii), and (four), and (five) items provides of, by road transport management institutions ordered corrected, and according to each liangci sentenced 10000 Yuan above 30000 Yuan following fine.

32nd road management, road transport authority, the public security organs traffic management sector or other sectors concerned in overlimit governance work in one of the following acts, by their work units or organs shall be given administrative sanctions constitutes a crime, transferred to judicial organs, shall be investigated for criminal liability:

(A) without administrative qualifications and engaged in the overweight transportation law enforcement work;

(B) the violation of regulations required for permission to pass through the road to overload freight vehicles certificates;

(C) in violation of regulations released overload freight vehicles or just fine without the implementation of unloading, packaging;

(D) unauthorized use of seizing vehicles, disposes of unloading goods;

(E) in accordance with the provisions of item and standard fees, fines, or issuing financial instruments in case of fees, fines, fees and pocketed confiscated money;

(Vi) for violation of regulations, converted freight vehicles registration or annual inspection;

(VII) does not perform source freight overload duties, violations found source of freight units, do not investigate or transfer;

(VIII) transferred to the relevant departments, reporting cases or complaints and reported crimes are not investigated in a timely manner of the people;

    (IX) other fails to perform or not perform correctly overweight transportation management duties and abuse of power, favoritism, negligent behavior.

    33rd article violates other provisions of this approach should be punished, pursuant to the relevant laws and regulations will be punished by related departments.

    Article 34th municipal and district people's Government of responsibility for serious overload freight vehicles checked, in accordance with the transport of goods flow source tracing of cargo units, vehicles adapted enterprises, vehicle units, via overload detection stations and other units or individual responsibility.

    The fifth chapter by-laws 35th article of the rules take effect on October 1, 2012.