Hebei Province Inland River Transportation Safety Management Regulations

Original Language Title: 河北省内河交通安全管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368226.shtml

Hebei province inland river transportation safety management regulations

    (November 9, 2011 Executive meeting of the Hebei provincial people's Government, the 96th considered by people's Government of Hebei province, on November 21, 2011 (2011) published 12th come into force on January 1, 2012) Chapter I General provisions

    First to strengthen the administration of traffic safety, maintenance of inland river transportation order, protect people's lives and property safety, according to the People's Republic of China inland river transportation security regulations and the provisions of relevant laws and regulations, combined with the facts of the province, these provisions are formulated.

    Article management of inland navigable waters in the province engaged in navigation, berthing and operation of inland waterway traffic safety-related activities, these provisions shall apply.

Article people's Government above the county level transportation departments of inland waterway traffic safety management.

Inland waterway traffic safety management task of the people's Governments above the county level shall be responsible for local maritime administrative agency (hereinafter referred to as local maritime authorities), the specific implementation of the inland river transportation safety supervision and management.

The people's Governments above the county level shall be responsible for construction of water conservancy, fishery, tourism, sports, city (garden), the Department of land and natural resources, weather and other work according to their respective functions, good management of inland waterway traffic safety related.

    The township (town) people's Governments shall, in accordance with the People's Republic of China inland river transportation security regulations on the administration of the relevant provisions of the appropriate duties.

The fourth people's Governments above the county level shall strengthen leadership of the inland waterway traffic safety management and rational distribution of water function zone, and co-ordinate the planning and construction of inland waterway facilities and inland river transportation safety supervision and management facilities and meteorological disaster monitoring, early warning facilities, guarantee the normal development of inland waterway traffic safety supervision and management.

    The people's Governments above the county level shall improve inland river transportation security coordination mechanism, address major issues of inland waterway traffic safety management, urge the relevant unit implementation of inland waterway traffic safety management duties according to law.

    Fifth place the maritime administrative agency shall be included in the budget at the same level of funding.

    Chapter II administration of vessels and floating facilities and the crew

Consistent with article VI of the People's Republic of China regulations for registration of ships ships and floating facilities, shall register with the city divided into districts where the maritime administrative agency.

Captain less than five metres from the ship to the local County (municipal and district) District maritime administrative agency for registration and seat of County (city, district) not to establish local maritime administration, maritime administrative agency shall be filed with the city divided into districts where application for registration, and submit the following materials:

(A) the application for registration;

(B) the shipping invoices or purchase the contract of sale of a ship, or other documents to prove their ownership;

    (C) the applicant's valid identification documents.

Seventh place the maritime administrative agency shall examine and verify the ship registration, submission of material to the real and effective, within the 7th ship ownership registration certificate issued to the owner, and matters related to the law contained in the register of ships.

Captain less than five metres from the ship shall set out the following particulars in the register of ships:

(A) name of ship;

(B) port of registry and the registration number;

(C) the owner is a natural person, to register their name, address, ID number, the owner is a legal entity, registered its name and address;

(D) acquisition of ownership of the vessel and get dates;

(E) ship construction of a natural person, to register their name, address, ID number, ship construction is a legal entity, registered its name and address;

    (F) ship hull materials, main technical data.

Article eighth vessels and floating facilities, ship inspection bodies approved by the maritime administrative agency shall be subject to inspection in accordance with law and qualified in the inspection certificate.

    Captain less than five metres in the ship's survey technology, developed separately by the provincial transport authorities.

    Nineth vessels after obtaining the vessel inspection certificate, shall apply to the port of local maritime administration ship certificates of nationality.

Tenth vessel identification should be kept clear, complete, and shall not deliberate occlusion and defaced.

Signs not associated with ships that fly, set any plaque, marking may not ship sign recognition and navigation safety.

    Captain less than five metres from the ship, shall be prominently marked on the ship in the ship. The 11th vessel should be equipped with life-saving equipment as required.

    Open boats, pleasure boats shall guarantee to all persons on board wearing life jackets after, before sailing.

12th vessel visa by counties (cities, districts) local maritime administrative agency.

Short-term visa period will run from the districts on a regular basis, local maritime administrative agencies according to approved and promulgated the administrative area, should not be longer than 30th.

    Agricultural production with ships (except for fishing), own boat can not handle the ship of life visa.

    13th of vessels and floating facilities owners, operators of the ownership or management of the ship assumed responsibility for safety production, establish a responsibility system for production safety and security emergency response plan to ensure necessary security investment, and the management of its personnel security training, crew and other employees.

    The 14th crew drink for drink driving, the vessel is prohibited under article, or work on the floating facilities.

    Chapter III administration of navigation

    15th route authority should be in accordance with the provisions of the implementation measures for waterway management in Hebei province, strengthening the maintenance and management of inland waterways, keep the seaways open.

    The 16th people's Governments above the county level shall strengthen the construction and management of ferry safety, maintaining the ferry docks, ships and roads connecting ferry and other safety equipment.

17th in inland navigable waters or shore line set on the buoy, pontoon, bitts and other facilities, shall go through examination and approval procedures, and meet the following conditions:

(A) the need to designate waters, it is necessary to reason;

(B) in accordance with water traffic safety and pollution prevention requirements, and safety and pollution prevention measures;

    (C) meet the protection requirements of military or near important civilian objectives.

18th in inland navigable waters, large scale mass activities, sports and other activities, shall go through examination and approval procedures, and meet the following conditions:

(A) the need to designate waters, it is necessary to reason;

(B) activity programmes have been developed, including duration, location, and scope of, schedule, etc;

    (C) meet the water traffic safety and pollution prevention requirements, and safety and pollution prevention measures.

    19th by the People's Republic of China inland river transportation security regulations relevant provisions in inland navigation may affect the safety of vessel traffic in the region work or activity, operation or activity is completed, construction, construction company navigation management requirements or activity organizers shall promptly clean up remnants and restore the status quo ante.

Article 20th local maritime administrative agency according to water function zoning requirements define pleasure vessels, floating boat (raft) water activities.

    Pleasure boats, drift boat (raft) shall be defined by the maritime administrative agency at the local waters to engage in business activities.

21st marine navigation, berthing and operation shall not be any of the following acts:

(A) flight conditions do not have night navigation;

(B) non-passenger ships engaged in passenger activity;

(C) the speedboats used for rotating at full speed or large rudder steering, and other dangerous operations;

    (D) chasing each other, competitors drove as well as other activities that jeopardize safe navigation.

22nd is prohibited in the following areas for aquaculture, or set up a permanent fixed installations:

(A) the customary route;

(B) Guest (du) boat routes;

(C) ships engaged in water tourism while navigating, berthing area.

    Fishing vessels to conduct fishing operations in navigable waters, and does not impede the safe navigation of ships in the past.

23rd Marine to navigable waters discharging the oil pollution, wastewater and solid waste.

    Prohibition of the carriage of dangerous goods by ships entering drinking water protection areas.

Article 24th local maritime administrative agency for the transport ships ship safety inspection on a regular basis, on non-transport ships inspected.

When implementing a ship safety inspection, shall promptly deliver notice of ship safety inspection inform the ship owner or operator and the township (town) people's Government.

Jointly by two or more local maritime administrative agency the jurisdiction of navigable waters, the local maritime administrative agency shall implement check will inform the examination of the vessel revealed defects to other parts of the maritime administrative agency.

    Vessel owner or operator shall by notice of ship safety inspection requirements defect rectification ships.

    25th place the maritime administrative agency shall withhold, revoke certificates of competency of seafarers, it shall promptly inform the issuing agency.

    The fourth chapter, emergency and rescue

    The 26th when it encounters a flood emergency, ships should be subject to maritime administrative agency and flood control command to ensure completion of tasks such as flood and the safety of shipping and dike.

    27th due to water transfer operation may result in reservoirs, lakes, inland navigable waters such as Lake District of sharp changes in water level, water transfer operation shall promptly publish the related hydrological early warning information, and to notify the relevant local maritime authority.

28th meteorological departments should timely release to the administrative area of inland navigable waters, winds and heavy rain and other inclement weather warning information.

    Geological hazard Observatory shall promptly publish the administrative area of inland navigable waters of the mud-rock flow and landslides and other geological hazards early warning information.

29th the local maritime authorities received the 27th, 28th after the warning information, analysis and evaluation should be carried out promptly, need to publish the navigational warning shall be promptly published.

    Vessels and floating facilities above it should be noted that the relevant information, and to take effective preventive measures.

30th County level people's Government responsible for the administration of the ship in distress and floating facilities for search and rescue work, the local people's Government after receiving the alert of danger or accident shall immediately arrived at the scene to organize rescue.

Developed and published by the people's Governments at the county level inland search and rescue contingency plan should be submitted to the next higher people's Governments and local maritime administrative agency for record.

    Management of inland navigable waters is a city divided into districts, from districts within municipal people's Government responsible for the administration of the ship in distress and floating facilities for search and rescue work.

The 31st people's Governments above the county level shall perform the following duties in the area of inland search and rescue:

(A) establishing River Professional search and rescue organization, equipped with the appropriate search and rescue ships, facilities, equipment, improved search and rescue capability;

(B) encourage and support vessels and floating facilities owners or operators to establish inland waterway aid organizations, provide the necessary material support, and search-and-rescue skills training;

    (C) individuals and organizations to participate in effective search and rescue operations shall be awarded.

    The fifth chapter legal liability

32nd people's Governments above the county level and the relevant authorities, the maritime administrative agency or unit staff in violation of the provisions of any of the following acts, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions, causing major traffic accidents on inland waterways, and constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(I) is not in accordance with the regulations on the registration and inspection of the ship;

(B) failing to exercise supervision over and inspection;

(C) is not required to perform relief duties;

    (Iv) other negligence, malpractice and abuse their powers.

    33rd in violation of the provisions of article seventh, Captain less than five metres from the ship at the time of check in concealing the facts, fraud by local maritime administrative agency in a warning and penalty of between 100 Yuan and 500 Yuan.

34th in violation of this provision, any of the following circumstances, the maritime administrative agency shall order rectification, and ship owners or operators between below 1000 Yuan and 200 Yuan fines:

(A) deliberate occlusion and defaced ship logo, or suspension, not related to set ship sign plaque, flag, ship sign recognition and safe navigation of that ship;

(B) pleasure boat, drifting boat (raft) delimitation of waters beyond;

(C) open boat, play the ship's personnel are not required to wear a life jacket;

(D) flight conditions do not have night navigation;

    (E) the use of non-passenger ships in passenger activity.

35th in violation of this provision, the crew has one of the following, by the local maritime administration between 2000 and 500 Yuan RMB penalty:

(A) drink for drink driving, vessel, or work on the floating facilities;

(B) the speedboats used for rotating at full speed or large rudder steering, and other dangerous operations;

    (C) chase each other, competitive sailing and other activities that jeopardize safe navigation.

    The sixth chapter supplementary articles

36th article of the rules the following terms mean:

(A) the habitual routes, ships (including seasonal) of navigable waters.

(B) Guest (du) boat routes (du) ships in accordance with the relevant provisions, the fixed navigation in inland navigable waters chosen route.

(C) the boats is a design speed of 18 km above the ship in still water.

    (D) pleasure vessels, refers to non-motorized boats used to play on water (including sailing), rafts, floating umbrella on board traction, shuishangmotuo, water planes, batteries and leisure ships, ships, pedalo boats, rafts.

    37th fishing vessel registration, inspection, examination of the fishing vessel crew certification and safety management of the fishery administration departments at or above the county level are responsible for. 38th article of the regulations come into force on January 1, 2012.