Qinghai Province, Controlling Freight Vehicles Overloaded Methods

Original Language Title: 青海省治理货运车辆超限超载办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369138.shtml

Qinghai province, controlling freight vehicles overloaded methods

    (November 30, 2011 92nd meeting consideration of the people's Government of Qinghai province on December 21, 2011 84th release of Qinghai province as of February 1, 2012) Chapter I General provisions

    First to strengthen vehicle overload control and protect people's lives and property and the safety of road infrastructure, in accordance with the People's Republic of China highway law, the People's Republic of China Law on road traffic safety, road safety protection Ordinance and other relevant provisions of laws and regulations, combined with the facts of the province, these measures are formulated.

Article province of overloaded freight vehicles illegal activities within the administrative area of governance procedures apply.

Overload in these measures refers to the car outline dimensions and axle loads, total quality and exceed the State standards of freight vehicle without authorization in the Act of driving on the highway.

    Overloading in these measures refers to more than the approved quality of cargo-carrying vehicles, without authorization in the Act of driving on the highway.

    Article management transport of cargo overloaded vehicles should insist that the Government lead, sector interaction, source control and access control with a combination of principles.

Fourth within the administrative area of the people's Governments above the county level shall be responsible for organizing the implementation of the governance overload freight vehicles, establish and perfect the management overload freight vehicles joint law enforcement and administrative linkage system and target system of accountability and responsibility.

    Overload should be the people's Governments above the county level working requirements included in the present budget, and ensure the effective implementation of overload.

Article fifth transportation departments of people's Governments at and above the county level public security organs according to the Division of responsibilities, managing the overloaded freight vehicles.

    Industry and commerce, quality supervision, the people's Governments above the county level development, surveillance, safety, homeland, economic and other relevant departments, should be based on their respective duties, cooperate, and doing a freight vehicle overloaded work.

    Sixth traffic and public security departments above the county level people's Governments shall publicize the telephone hotlines, offering mail, receiving citizens, legal persons and other organizations to overload freight vehicles and illegal management, reports, complaints, and investigate and deal with cases in a timely manner.

    Chapter II administration of origin

Seventh prohibits any unit and individual sales did not meet national mandatory standards of freight vehicles (including trailers, the same below). No unit or individual without changing the overall dimension and main components of the vehicle.

    Change overall dimension and main components of freight vehicles, unauthorised driving on the highway.

    Eighth article does not comply with the motor vehicle safety inspection standards, the road vehicle outline dimensions, axle load and weight limits of the vehicle manufacturers and product announcements, and freight vehicles, the public security organs traffic management departments have no vehicle registration, road transport management institutions shall not grant road transport certificates.

Nineth does not meet national mandatory standards or false calibration data of freight vehicles, departments shall notify the illegal manufacturer recalls on their own.

    For sales beyond the State of the vehicle manufacturer and product announcements within the approved models of products of the enterprise, punished by the departments of industry and commerce in accordance with the relevant laws and regulations. Tenth public security, traffic, quality supervision and industrial and commercial departments should promptly investigate and deal with acts or use of illegal Assembly, modification, freight wagons.

Inspections found illegal modifications, assembled vehicle, it shall order the freight vehicle dismantling of the unit or vehicle owner.

    On driving illegal modifications, Assembly overall dimension and main components drivers of freight vehicles, traffic management by public security organs shall be subject to penalties; enterprise engaged in illegal modifications, assembled vehicle, or business license for engaging in illegal Assembly and modified freight wagons-free enterprise, industrial and commercial departments shall be investigated and prosecuted or banned. 11th people's Governments above the county level development, quality supervision, transportation, public security, industry and commerce, economic management departments should strengthen the vehicle modification, maintenance, supervision and management of sales qualification conditions.

    On the implementation of national licensing of enterprise models and technical data standards and business conduct such as shall make checks or joint law-enforcement supervision and inspection.

    12th safety supervision and management departments should strengthen the safety supervision of dangerous chemicals in production and business operation entity, investigate and deal with violations of the driving permit authorized laden mass filling behavior and, in conjunction with the relevant departments of the overloaded vehicle road traffic accident investigation, and lawfully investigate the relevant units and personnel responsibilities.

13th road transport authorities above the county level shall, jointly with relevant departments in the area of road freight transportation enterprises, cargo transport station (farm), cargo terminal (field) and plant (mine) registration, statistics, verification of the mount point, identify the source of key freight list, released to public after approval by the County Government.

    Goods referred to in the preceding paragraph Terminal (field) and factories (mines) mount point refers to the larger volume, overload-prone industrial and mineral products, chemical products, agricultural products, building materials and other goods distribution station (field) and loading of production and processing enterprises.

14th focus on source units should be installed by qualified freight weighing and measuring equipment, establish and improve the freight vehicle and release the job responsibilities and accountability.

 Key transportation source unit staff shall, prior to shipment of freight vehicles and drivers of road transport certificates and qualification certificate for identification registration, and shall not be any of the following acts: (a) the unlicensed vehicles without permit or license is not (with) cargo;

 (B) in violation of State regulations limit approved by the standards and contains quality, vehicle mounted (with) cargo;

    (C) to provide proof of false load of freight vehicles.

15th road transport authorities above the county level should establish key transportation source credibility assessment and freight drivers integrity checking system, strengthen supervision of key transportation source units and other site, and take the form of inspections or administrative law enforcement presence, perform his duties of supervision and management of the following:

(A) the supervision and inspection of cargo vehicles and cargo (with) loads, vehicles release job and establishment and implementation of the system of accountability, (ii) the supervision and inspection of goods (distribution) and cargo-carrying vehicles release acts;

(C) the goods provided for in law violation (distribution) contains.

    Road transport authorities in supervision and inspection work, involving violation of law enforcement responsibilities in other sectors, copy or transfer the relevant departments in a timely manner, relevant departments in the investigation and processing of feedback in a timely manner.

    Chapter III traffic management

    Truck driving freight wagons on the road on the 16th overall dimension, axle load and total mass must not exceed State standards, or highways, roads and bridges, road traffic warning signs indicate limited standards.

Collapse of the 17th article transport is not available the goods and exceed the standard required vehicles on the road, the carrier should be applied to the Highway Administration.

The carrier shall in accordance with the certificate of over-limit transportation vehicle traffic as set out in time, route, speed and other requirements, and raised the clearly marked.

    Highway Administration overload vehicles driving on the highway, traffic safety, should inform the local traffic Administration Department of public security authorities at the same level. Article 18th overload testing station shall be approved by the provincial people's Government, by the provincial departments of transportation in accordance with the principles of unified planning, rational distribution building.

Overload monitoring stations should be compatible with the traffic flow of the fixed or mobile inspection device, inspection Des Voeux Road, monitoring devices and the unloading site.

    New roads in accordance with the plan require the establishment of overload testing station, overload detection should be standing as part of the ancillary facilities of roads, approved by the provincial people's Government, synchronized with the road design, construction and operation.

    Article 19th traffic overloaded the competent authorities responsible for inspection station inspection weighing and day-to-day management of public security organ responsible for the maintenance of overload testing station of the traffic and public order, to investigate and punish violations of obstructing; other related departments shall, in accordance with work requirements into overload testing station. 20th road management agencies and the public security organs traffic management departments can overload testing stand on freight vehicles in road tests.

    Can also be based on road conditions, using mobile testing equipment on the highway entrances, distribution of goods, the mount point or acts that are prone to overload and oversize transportation flow detection section.

    21st motorway authority and the public security organs traffic management departments in accordance with law, road test, tested vehicle shall follow the signs or law-enforcement officials tested command to enter designated areas, shall not intentionally blocking roads or the site channel, forced through the testing site to disrupt overload detection order, or take a short bogey to avoid overload detection.   

22nd road management agencies and the public security organs traffic management departments to test for overload and oversize freight vehicle, shall issue a test document, shall not judge according to the visual experience or overloaded freight vehicles. Determined by the detection of overloaded freight vehicle, the carrier shall take corrective measures such as self-unloading, packaging, elimination of illegal status.

    After unloading, packaging of freight vehicles should be subject to review, up to the required standard before they can hit the road running.

23rd the carrier unable to take care of, split the unloading of goods, overloaded temporarily deposited by the carrier station unloading, storage and discharge by the carrier the freight yard operators entered into a warehousing contract. Unloading freight yard should be within the 3rd is free for unloading goods for safekeeping. Need to insure more than 3rd period free of custody or goods, storage fees, in accordance with provincial standards established by the Department in charge of price.

    For more than storage period of unloaded cargo, Road Management Department shall timely inform the carrier clean up fails to clean up the unloading of cargo, highway authorities and other departments can be handled according to relevant laws and regulations.

    24th article overload, mixed transport of flammable, explosive, poisonous, radioactive and other dangerous goods transportation vehicles, shall not be overloaded at the station site to uninstall, the local public security authorities and safety regulators to boot to safe place unloading unloading facilities and conditions.

    25th Highway and Turnpike entrance shall be equipped with weighing equipment, determined by the detection of illegal to overload freight vehicles shall be driven into highways and toll roads.

26th transportation departments should be on the highway and toll road entrance to set up green channel, provides convenient for cargo vehicles meet the requirements of prevailing conditions, and in accordance with the relevant provisions of the State free of charge for such access, and the right of way.

    After testing found to meet the green channel of overloaded freight vehicles traffic requirements, shall be paid in accordance with the provisions for such access, road damages, registered by the roads Administration site warns, and overloaded transport illegal information a copy of citizenship where the public security traffic management sector and road transport authority.

    27th article County Government traffic competent sector should in rural highway (County Road, and Xiang road, and village road) set obviously of limited contains, and limited high, and limited wide, and limited long of warning logo, in Xiang road, and village road of access mouth set necessary of limited high, and limited wide facilities, but shall not effect fire and health emergency, emergency passage need, shall not to passage vehicles charges.

    28th people's Governments above the county level and the responsible units should be organized to overload freight vehicles responsibility to check, check sources focus of loading, loading cargo units, vehicles produced or modified business, vehicle units, via fixed-site overload detection units, or personal liability.

    The fourth chapter legal liability

29th key transportation source units of any of the following acts, the road transport authorities above the county level shall order rectification, and fined 1000 Yuan and 5,000 yuan fine; directly responsible for executives and other persons sentenced to between 500 Yuan more than 1000 Yuan fine:

(A) weighing and measuring devices that are not mounted;

(B) failure to establish cargo vehicle and release systems of responsibility and accountability;

(Iii) before shipment on the vehicle and the driver's road transport certificates and qualification certificate without examination registration;

(D) is illegal without a permit or license is not full of freight vehicles (with) the goods;

    (E) for cargo vehicles with false proof of load.

30th freight vehicle exceeding the national limit load or highway, highway bridges, road traffic warning signs indicate limited standards, without driving on the highway, managed by the Highways Agency ordered corrective action and liability for damage caused, the following shall be punished:

(A) over Truck axle loads, total quality is not up to the required standard of 5% and give a warning;

(B) over Truck axle loads, total quality standards more than 5% less than 30%, between less than 1000 Yuan and 200 Yuan fines;

(C) over Truck axle loads, total quality standards more than 30% less than 50%, and fined 1000 Yuan and 5,000 yuan;

(D) over Truck axle loads, total quality standards more than 50% less than 100%, fines of between 5,000 yuan and 10,000 yuan;

(E) over Truck axle load, more than 100% of total quality standards, fines of between 10,000 yuan and 30,000 yuan.

    (F) the overall dimension of domestic car exceed the State standards or traffic warning signs indicating the height limit, limit, limits width standard, fined 500 Yuan more than 1000 Yuan fine.

    31st over the approved quality of cargo-carrying vehicles, traffic management department ordered corrective action by public security organs, in accordance with the People's Republic of China on road traffic safety law, the Qinghai provincial implementation of People's Republic of China Law on road traffic safety measures, such as laws and regulations shall be punished, and in accordance with the relevant provisions of the road traffic safety violations of the motor vehicle driver to score.

    32nd road management and traffic management departments of public security organs for the same transport behavior exceeds the State limit the provisions set out in the standard, quality and exceed the authorized load, an administrative authority has fined, another administrative authorities not to allow punishment of fines.

33rd in violation of the provisions of these measures, trucks have one of the following acts, road management agencies or the public security organs traffic management departments shall, in accordance with relevant laws, administrative regulations, imposing limits on amount of punishment shall be punished; damage to highways, shall, in accordance with the extent of the damage compensation:

(A) the overload and oversize freight vehicle refuses to uninstall;

    (B) the installation, modification, dismantling of overloaded freight vehicles refused to correct; (c) the installation or install impact overload detection device, avoiding overload detection.

The 34th article violates these rules, and key transportation source unit to excessive loading of freight vehicles, and released on the road, the road transport authority shall order rectification, and may be punished according to the following provisions:

(A) over Truck axle loads, total quality 30% of the standard, more than 1000 Yuan and 5,000 yuan fine, (ii) over Truck axle loads, total quality standards more than 30% less than 50%, and penalty of between 5,000 yuan and 10,000 yuan;

(C) over Truck axle loads, total quality standards more than 50% less than 100%, and penalty of between 10,000 to 20,000 yuan;

    (D) over Truck axle loads, total quality standards more than 100%, punishable by fines of less than 20,000 yuan and 30,000 yuan.

    35th on the car who is not illegal to overload freight vehicles in the province, except as provided in these regulations penalties, sanctions Department of overloaded freight vehicles should be illegal copy of origin of relevant regulatory authorities.

    36th people's Governments above the county level are not implementing vehicle overload control measures, which illegally overloaded transport in the region is serious, bad social impact, by the higher people's government supervisory organs or by the competent administrative department shall investigate supervisor administrative responsibility or other persons directly responsible.

37th people's Governments above the county level shall govern cargo overloaded vehicles responsible for Administration of the following acts, and monitored by the administrative authority or the competent Department directly responsible to the head of personnel and other persons directly responsible shall be given a warning, demerit-recording or demerit; serious, demotion or dismissal in accordance with law:

(A) illegal to overload freight vehicles failed to take effective measures to eliminate illegal state;

(B) for freight vehicles without detection weighing punishment;

(C) without uninstall the unauthorized release of overloaded freight vehicles;

(D) is not in accordance with the relevant provisions of overloaded freight vehicles for punishment;

(E) other acts of negligence, malpractice, abuse.

    The people's Government above the county level administrative supervision organ cargo overloaded vehicles or governance-related responsibilities to manage the governing bodies, shall, according to the Transportation Department reported to overload freight vehicles on a regular basis violations, to investigate and deal with violations of the relevant staff.

    38th impeding road management, road transport management body or public security organs traffic management staff to perform their duties and broke, assembling a crowd to disturb detection order channel, deliberately blocked transportation routes or the site, in violation of the People's Republic of China Law on administrative penalties for public security, will be punished by public security organs constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

    The fifth chapter supplementary articles 39th these measures come into force February 1, 2012.