Approach Of The National Defense Transportation Regulations In Zhejiang Province 2011 (Revised)

Original Language Title: 浙江省实施《国防交通条例》办法(2011年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369195.shtml

Approach of the national defense transportation regulations in Zhejiang Province 2011 (revised)  (On August 3, 1998 Zhejiang Province Government makes 102th, announced according to on October 26, 2005 Zhejiang Province Government makes No. 201, announced of Zhejiang Province Government on modified straddling Zhejiang Province swimming places management approach, 7 pieces regulations of decided first times amendment according to on December 21, 2010 Zhejiang Province Government makes No. 284, announced of Zhejiang Province Government on modified straddling Zhejiang Province Enterprise wage paid management approach, 18 pieces regulations of decided second times amendment

    According to December 31, 2011 Zhejiang Province Government makes No. 289, announced since December 31, 2011 up purposes of Zhejiang Province Government on modified straddling Zhejiang Province city road management approach, 14 pieces regulations of decided third times Amendment) first article to strengthening defense traffic construction, guarantees wartime and special situation Xia defense traffic smooth, according to People's Republic of China defense method, and defense Traffic Ordinance and other about legal, and regulations of provides, combined this province actual, developed this approach.

    Article engaged in national defense transportation activities within the administrative area of the province, must comply with these measures.

    Third national defense construction should be incorporated into the national economic and social development plan.

    National Defense transportation requirements in addition to the Central arrangements, by local, departmental, and enterprise in accordance with the relevant provisions of the State shared responsibility.

    Fourth National Defense transportation authorities above the county level are responsible for national defense transportation work within their respective administrative areas.

    Railways, highways, waterways, aviation, telecommunications, marine and fishery industry Management Department (hereinafter referred to as the traffic Administrative Department) were responsible for the defence of the system traffic.

    National Defense traffic manager, traffic management and transport enterprises and institutions for national defense transportation tasks, should fulfill the responsibilities under the regulations of the national defense transportation.

    Article people's Governments and relevant departments at all levels should take a variety of forms, strengthen national defense transportation education work, enhance society's awareness of national defense.

    Traffic management departments, enterprises and institutions, transportation and post and telecommunications school shall, in accordance with the provisions of the regulation on national defense transportation, carry out national defense transportation education responsibilities.

    Sixth area defense traffic protection schemes should be based on the higher national defense transportation security plan requirements, combined with the actual situation of the region, organized by the national defense transportation authorities above the county level people's Government departments, traffic management and military organs to develop, solicit national defense transportation authority at a higher level, after the people's Governments at the corresponding level for approval.

    Undertake the task of national defense transportation unit of transport enterprises and institutions shall, in accordance with the provisions of the national defense transportation security plan, complete the defence communications guarantee task.

    Seventh defense traffic construction plan drawn up by the national defense transportation authorities above the county level, by the people's Governments at the corresponding level of development and reform administrative departments after balancing, traffic management departments, reported the people's Governments at the corresponding level for approval.

    The eighth above the county level Transportation Management Department and other departments concerned in the implementation of traffic projects for national defense projects relating implement the requirements of national defense and construction projects, as well as the need to apply for the national defense construction projects with investment funds, report prior to approval, should be approved by the provincial national defense transportation authorities.

    Nineth traffic projects for national defense infrastructure construction projects and the implementation of the requirements of national defense construction projects, its design (idem), acceptance shall be agreed by the defence relating to the transportation authority. Undertake exploration and design of construction projects, relating to implementation of the requirements of national defense in the project design should be separate design files.

    Units should organize design (the) prior to the design documents and relevant information submitted to the national defense transportation authorities.

    After completion of the construction project asset, material transfer, national defense transportation authority shall participate in.

    Tenth no unit or individual without the land and resources administrative departments and national defense transportation, urban and rural planning approval by the competent authority, shall occupy the Defense traffic control shall not be used in defence and traffic control to the construction of buildings and structures on the ground, shall be laid pipes, cables and other facilities.

    11th National Defense transportation support team is divided into professional support team and traffic along the support team, its programmes by national defense transportation authorities in accordance with national defense transportation security plans and superior communications authority of the national defence requirements.

    12th professional support team by the traffic Administrative Department of transport enterprises of this system in the production unit and economic organizations formed the basis for Executive transport tasks, by the competent organization to co-ordinate the deployment of communications for national defense. 13th major traffic management should be based on national defense transportation security plan requirements, production tasks, such as emergency rescue and disaster relief, to training and the necessary professional support team drills.

    Transport enterprises and institutions responsible for the unit's professional support team organization, ongoing training, and management.

    14th transportation security team consists of lines along the road, transportation infrastructure consisting of militia and the people in the surrounding area, specifically responsible for communications guarantee task.

    Located along the traffic area of the city and County (city, district) people's Governments and military organs responsible for the Organization, construction in the area support team.

    Traffic along the support team of professional training, by the military authorities with the militia work arrangements; national defense transportation professional course from national defence transport authorities are responsible for providing teaching material and equipment and operational guidance.

    15th defense combat vehicles, vessels and other mobile facilities shall be in accordance with the relevant provisions of the State, national defense transportation flag is set; in war and in extreme cases can the right of way.

    16th National Defense transportation vehicles for combat readiness in these measures refers to:

    (A) at all levels of national defence command vehicle for the traffic authority;

    (B) preparation of defence repair of traffic combat readiness, the rush to transport professional guarantee of the vehicle;

    (C) preparation of strategic communication of national defense transportation and communication sector.

    Approved by the public security organs, for repairs, rush to transport traffic combat readiness of national defence vehicle, enables installation of alarms.

    Article 17th mobilization or requisition of capacity units and individuals must fulfill obligations to ensure mobilization or requisition of vehicles and equipment in good condition, and to keep with the operations staff have the appropriate skills.

    18th article the need for mobilization or requisition of vehicle and equipment major reconstruction of the shape, structure, performance, and must be approved by the provincial national defense transportation authorities.

    19th national defense transportation stocks above the county level from national defense transportation authority according to the needs of national defense communications guarantee task, in conjunction with the departments concerned, after approval by the people's Governments at the corresponding level, included in the reform of the local government development and Administrative Department reserves plan and traffic management departments, the provincial national defense transportation authorities for the record.

    20th unit responsible for storing national defense transportation goods storing of goods must be strengthening the maintenance and management, not losses, lost.

    Layout and structure of stocks should be national defense needs and development, changes in supply, combined transport, construction and production adjustments and rotation of updates in a timely manner.

    21st National Defense transportation stocks are mainly used for wartime and repairing of special transportation, communication facilities, rush, without approval of the national defense transportation authorities, no unit or individual shall not be used.

    During rescue operation and disaster relief situation is really necessary to use defence above the county level transportation stocks, should be approved by the provincial national defense transportation authorities. Approved the use of the national defense transportation stocks, fees shall be paid in accordance with the provisions.

    Mainly for the fees charged by the national defense transportation stocks update, support and maintenance, and management.

    Approved the use of the national defense transportation stocks should be returned in accordance with the established deadline caused damage, should be replaced immediately added.

    22nd reserve national defense transportation needs for scrap, price should be reported to national defense transportation authority at a higher level for the record.

    23rd national defense transportation science and technology research results have to be registrations to the national defense Transportation Authority; transfer, should be national defense transportation authorities agree.

    24th in violation of relevant provisions of the Ordinance and these rules, the defence and traffic, any of the following acts, directly by the authority in accordance with administrative privileges to responsible person in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) shall carry out the requirements of national defense traffic engineering facilities, no implementation of the requirements of national defense in the construction process;

    (B) poor management of traffic projects for national defense facilities, resulting in the loss of, or altering the use of traffic projects for national defense facilities, or for scrap processing without authorization;

    (C) poor management of national defense transportation stocks, caused by improper use of lost, damaged;

    (D) unauthorized use of national defense transportation stocks or approved the use of national defense transportation stocks in excess of the prescribed period of no return, or damage does not add the replacement.

    The preceding paragraph (b), (c), (d) the acts listed, shall order the restitution or compensation for the loss of limited duration.

    25th in violation of relevant provisions of the Ordinance and these rules, the defence and traffic, any of the following acts, the national defense transportation authorities above the county level shall order to stop the illegal practice, given a warning and may be fined not more than 50,000 yuan, causing economic losses, compensation shall be:

    (A) affect the normal defense engineering facilities, endangering the safety of traffic projects for national defense facilities;

    (B) without the approval of traffic control of national defense;

    (C) unauthorized use (the use of) the defence of traffic engineering facilities.

    26th in violation of relevant provisions of the Ordinance and these rules, the defence and traffic, requisition of evading or resisting capacity mobilization, capacity, warning is given by national defense transportation authorities above the county level, and may be equivalent to being mobilized or expropriated and their means of delivery, fined not more than twice times the value of equipment.

    27th in violation of relevant provisions of the Ordinance and these rules, the defence and traffic, unauthorized use or expropriation of their means of delivery, shape, structure and performance of the equipment for any major reform, national defense transportation authorities above the county level rectification, restitution, causing economic losses, compensation shall be.

    28th under any of the following acts, in accordance with the People's Republic of China relevant provisions of the law on administrative penalties for public security penalties constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) disrupt or interfere with military transport and defence communications support;

    (B) disrupt or interfere with the defense of traffic engineering facilities;

    (C) the destruction of traffic projects for national defense facilities;

    (Iv) theft, looting of national defense transportation goods.

    Functionary of the 29th defense traffic authorities, abuse their powers, neglect their duties, disciplined by the authority in accordance with the administrative permission law constitutes a crime, criminal responsibility shall be investigated according to law.

    30th party to specific administrative acts, may apply for administrative reconsideration or bring an administrative suit. 31st article this way as of the date of promulgation.