Yunnan Province Administrative Measures For The Safety Of Ship And Ferry

Original Language Title: 云南省乡镇船舶和渡口安全管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201210/20121000377321.shtml

Yunnan province administrative measures for the safety of ship and ferry

    (May 24, 2012 78th Executive meeting consideration of the people's Government of Yunnan province on July 3, 2012, 175th promulgated by the people's Government of Yunnan province as of the date of promulgation) Chapter I General provisions

    First in order to strengthen the management of township ship and ferry security, implement safety management responsibility, maintain traffic order on water, protect people's lives and property safety, in accordance with the People's Republic of China inland river transportation security regulations and other relevant legal provisions and regulations, combined with the province, these measures are formulated.

    Article within the administrative area of the province engaged in navigation, berthing, safety management of township ship and ferry operating activities shall abide by these measures.

    Article people's Government above the county level shall strengthen the towns shipping and safety management of ferry's leadership, establish and improve the safety management system.

    The township (town) people's Government responsible for the safety management of township ship and ferry.

    The village (neighborhood) committees in accordance with these rules to assist the town shipping and safety management of ferry-related work.

    Fourth people's Governments above the county level transportation departments or the people's Governments above the county level shall undertake maritime management responsibilities of the Agency (hereinafter referred to as the maritime administrative agency) responsible for navigable waters under the jurisdiction of the water traffic safety supervision and administration.

    Other relevant departments according to their respective duties to villages and towns ships safety management of ferry-related work.

    Fifth people's Governments above the county level to villages and towns ships and ferry safety management work units and individuals that have achieved outstanding successes, shall commend or award.

    Chapter II security management responsibilities

    Article sixth town ship and ferry security management accountability, and the specific measures formulated by the provincial transport authorities, submitted to the provincial people's Government for approval organization.

    Article seventh County in the management of township ship and ferry security, carry out the following functions:

    (A) coordinate the resolution of major issues of traffic safety on the water;

    (B) formulation of waterborne traffic safety management systems and organize its implementation;

    (C) organize propaganda and education of traffic safety and security checks on the water;

    (Iv) is responsible for the ferry set or revocation of approval;

    (E) to develop a comprehensive emergency response plan for accidents on the water and organize its implementation;

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

    Article eighth of township (town) people's Government of territorial management of villages and towns ships and ferries, and perform the following duties:

    (A) follow-up on the management of water traffic safety laws, rules and regulations, organize regular security awareness, security screening, screening, control, safety problems in a timely manner;

    (B) implementation of the villages and towns ships safety control specialist and vocational training on a regular basis;

    (Iii) the implementation of ship and ferry safety management responsibility system in villages and towns within the administrative area;

    (D) is responsible for their own inspection of the ship Zhang, registration and its crew training and checking;

    (E) charge ferry setting or canceling the trial and work;

    (Vi) to stop illegal violations such as shipbuilding, located ferry, passenger and freight transport;

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

    Nineth village (c) the Commission shall, in accordance with security requirements for management accountability, good management of township ship and ferry security.

    Village group should assist shipping in township administrator and villagers ' committees to villages and towns ships safety management work.

    Article tenth villages and towns ships safety control specialists shall perform the following duties:

    (A) the supervision and guidance of township owner and operator safety management;

    (B) urged ship owners, operators and crews of villages and towns according to the license;

    (C) the crew safety knowledge propaganda and education, correcting illegal behavior;

    (D) urging villages and towns ships crew to participate in business skills training.

    11th town shipping and ferry owners or operators should the ship's navigation, berthing, and operations and is responsible for the safety of the ferry, and to fulfil the following obligations:

    (A) to comply with laws relating to water traffic safety, rules and regulations;

    (B) the ship, ferry safety management system, implementation of the safety management system;

    (C) for ships, ferry maintenance and management;

    (D) for the crew, du public safety education;

    (E) in accordance with the relevant provisions of insurance;

    (F) in accordance with the relevant provisions of the report maritime accidents and rescue, salvage, pollution prevention and deal with the aftermath work.

    12th nature reserve, scenic, urban gardens, reservoirs and parks on non-navigable waters water traffic safety management, in accordance with the relevant provisions of the State and the province.

    Chapter III administration and operation of ships

    13th town ship registration and examination of the ship in accordance with the following provisions:

    (A) rural transport ship-owner or operator shall, in accordance with provisions of laws and regulations, apply to the maritime administrative agency for ship registration, test and apply to the inspection of ships;

    (B) use the owner shall provide the local township (town) people applying for registration of ships;

    (C) the inspection and registration of fishing vessels in accordance with the relevant provisions of the State.

    Article 14th town transport vessels engaged in commercial waterways transport shall meet the following conditions:

    (A) lawfully obtained of the shipping service transport licence;

    (B) the inspection by the inspection bodies, and of the vessel inspection certificate, prospecting designated load line;

    (C) registered by the maritime administrative agency, obtaining the certificate of nationality of the ship, the vessel ownership registration certificate, indicating the ship's name plate and port;

    (D) passenger ferry shall give a passenger;

    (E) equipped with pursuant to the provisions of the seafarers ' certificates of crew;

    (F) in accordance with the provisions are equipped with fire-fighting and safety equipment such as life-saving;

    (VII) in accordance with the relevant provisions of the insurance.

    15th own ship shall meet the following conditions:

    (A) qualified through checking Zhang, printed by the provincial transport authorities for personal use vessel registration certificate;

    (B) more than 15 metres of private ships, it shall be tested;

    (C) indicate the ship's name plate and "own ship".

    16th town transport ship leasing, trust, cooperation, partnerships and other business, the Parties shall conclude a contract, agreed their security responsibilities, and township (town) people's Government for the record.

    Change of ownership article 17th Township, the parties concerned shall handle ship registration.

    18th town ship shall be maintained in good technical condition, equipment, effective, non-overloaded, illegal voyages.

    Township when the transport ship carrying cattle, horses and other large animals, except for custody staff, may not carry passengers.

    19th fishing vessel in navigable waters, shall accept the supervision and management of the maritime administrative agency; fishing operations, shall not affect the other ship navigation, berthing, and operation.

    20th transport of passengers use the ship and engage in business.

    21st passenger shall conscientiously maintain a boat safety management order, subject to management, and to comply with the following requirements:

    (A) in accordance with the provisions of wearing life jackets;

    (B) not playing, fighting, obstruction of navigation operations on board the ship;

    (C) not to bring dangerous goods on board;

    (D) there shall be no other acts that endanger shipping safety.

    The fourth chapter the ferry's management Section 22nd ferry shall conform to the urban and rural construction, and river-related land use planning.

    Setting or canceling of ferry, before the people's Governments at the county level for approval shall solicit the views of local maritime administration.

    23rd ferry should be located in the flat water, deep enough, BANK stability, vision, suitable for ships to the place, not in production, storage of dangerous goods locale ferry.

    Ferry operator shall set the docking, cargo, passengers and other safety facilities, equipped with the necessary life-saving equipment, prospecting the warning water level line, suspended crossing and ferry lines mark the water line. Article 24th ferry vessels checked single aerial system.

    Checked solitary voyage by ship safety management specialized officer shall perform the following duties:

    (A) is responsible for the safety regulation of ferry facilities, ferries daily run, corrective actions do not meet the ferry safety;

    (B) for ferry owners or operators, crew, ferry workers and passengers safety awareness and education;

    (C) in accordance with the relevant provisions, on ferries and passenger security check before the ferry set sail, to confirm that the ferry security requirements check single voyage.

    25th ferry operator should do security propaganda work, urged the crew, passengers and other persons concerned to comply with safety regulations, with corresponding management service personnel maintain ferry order to ensure ferry safety.

    26th ferry operator should be obvious location signs, name ferry, ferry by the approved authorities, and the ferry code be publicized.

    27th ferry routes related to the staff shall be subject to professional training and obtain the relevant certificate of competency issued by the Department under the law.

    28th when the ferry ship ferrying, should be taken to avoid passing ships on the ferry, turn around and across the old, it should be noted that waters and the environment shall not be in violation of the ferry.

    Banned in high winds, floods, fog, endanger the safety of the ferry case ventured.

    The fifth chapter

    Article 29th of shipping in township water accident occurs, the owner or operator shall immediately inform the nearest township (town) people's Government and the maritime administrative agency reports involving fishing vessels, also responsible for fisheries management functions to the Agency (hereinafter referred to as fishery management agencies).

    The township (town) people's Government, the maritime administrative agency or fisheries management agency after receiving the accident report shall be immediately organized rescue, and higher people's Governments and the competent authorities in accordance with regulations report.
Other ships near the scene of the accident, without endangering its own security should be fully carried out under the assistance.

    Article 30th town ship inside the navigable waters water traffic accidents, handled by the maritime administrative agency responsible for investigating; one fishing vessel, fishery management agencies should assist in the investigation.

    Fishing vessel water accidents or unilaterally, the fishery management agencies are responsible for investigation and treatment.

    Article 31st of shipping in township water after the accident, the accident County (city, district) and township (town) people's Government shall, in accordance with relevant State regulations accident rehabilitation work on the water, marine County, where the flag (municipal and district) and township (town) people's Governments shall cooperate with.

    The sixth chapter legal liability

    32nd national staff in town ship and ferry safety management work in violation of these regulations, abuse, malpractice, neglect their duties, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    33rd article violates these rules, illegal voyage, by the maritime administrative agency shall be ordered to correct within a penalty of between 100 Yuan more than 1000; caused by maritime accidents, in accordance with the provisions of relevant laws and regulations.

    34th article violates these rules, carrying cattle, horses and other large animals carrying other passengers, the maritime administrative agency shall order rectification can be fined a maximum of 100 Yuan more than 1000.

    35th article violates these rules, private operation of ships engaged in the carriage, the maritime administrative agency shall order correction within, fined a maximum of between 1000 and 500 Yuan.

    36th article violates these rules, ferry operators have not been set at the ferry dock, cargo, passenger safety facilities, such as up and down or do not have the necessary life-saving equipment, the ferry is located the township (town) people's Government a rectification can be fined a maximum of between 5000 and 1000 Yuan.

    Ferry operators are not prospecting warning water level line, suspended crossing and ferry lines mark the water line, or signs of failing, the ferry is located the township (town) people's Government a rectification can be fined a maximum of between 1000 and 500 Yuan.

    37th article violates other illegal acts as provided herein, otherwise penalties provided by laws and regulations, in accordance with the provisions of laws and regulations will be punished.

    The seventh chapter by-laws

    38th the following terms shall have the meanings herein.

    Villages and towns ships, including rural transport ships, fishing vessels and their own ships.

    Town transport vessels, refers to the main in the adjacent towns, village life for local people to provide direct service between the cargo ship and ferry transport.

    Fishing vessels, refers to vessels engaged in fisheries production.

    Own ship refers to sailing in waters near the town, the local village (neighborhood) exclusively for the non-operating activities such as family life, or producing their own, and the crew does not ship with more than 3.

    Ferry, refers to connecting waters such as rivers, lakes, reservoirs, ryuk do on both sides of origin fixed, specialized facilities for ferry dock.

    Navigable waters refers to the maritime administrative agency finds of ships sailing in rivers, streams, lakes, reservoirs and other water. 39th these measures come into force on the date of promulgation. As of July 1, 1988 of the civil trial measures for the ferry's management of Yunnan province (cloud governance [1988]107) and as of January 1, 1991 of the Yunnan Provincial villages and towns ships safety control measures (cloud governance [1990]239) repealed simultaneously.