Governance, Anhui Province, Carriage Of Goods By Overloaded Vehicles Way

Original Language Title: 安徽省治理货物运输车辆超限超载办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367239.shtml

Governance, Anhui Province, carriage of goods by overloaded vehicles way

    (August 24, 2011 83rd meeting consideration of the people's Government of Anhui Province on September 9, 2011, Anhui provincial government order No. 235, published since November 1, 2011) Chapter I General provisions

    First in order to govern carriage of goods by overloaded vehicles and protect people's lives and property safety, guarantee condition, safe and smooth, according to the People's Republic of China highway law, the People's Republic of China Law on road traffic safety and road safety under the State Council regulations on the protection of laws and regulations, combined with the facts of the province, these measures are formulated.

    Second approach applies to goods transport vehicles within the administrative area of the province (hereinafter referred to as cargo vehicles) overload control activities.

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

    Overloading in these measures refers to freight vehicles carrying in excess of approved quality, in the Act of driving on the highway.

    Article management overload freight vehicles, insist on both samples, based on the source, the principle of effective governance, government leadership, supervision, and linkage mechanism.

    Fourth people's Governments above the county level shall strengthen leadership of truck overload control, establishing vehicle overload management work meeting system and linkage of administrative law enforcement system, the implementation of objective responsibility and accountability.

    Cargo overloaded vehicles should be the people's Governments above the county level governance requirements, and incorporate the budget. Fifth people's Governments above the county level transportation Administrative Department and the public security organs shall, in accordance with the Division of responsibilities, in charge of the freight vehicle overload control within the administrative area.

    Competent administrative departments of people's Governments above the county level transportation road transport management, road management agencies (hereinafter referred to as road transport, road management agencies above the county level management) and the public security organs traffic management departments in charge of vehicle overload management within their respective administrative areas.

    People's Governments above the county level economy and information technology, development and reform, industry and commerce administration, quality and technical supervision, safety, land and natural resources, finance, pricing, monitoring departments shall, in accordance with their respective responsibilities, to vehicle overload management related work. Sixth no units and individuals have the right to report cargo overloaded vehicles offences.

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

    Reporting road transport management, road administration and public security traffic Administrative Department and other departments concerned violations committed by law enforcement officials, complaint departments shall, in accordance with the duties of timely verification and dealt with according to law.

    Seventh people's Government above the county level and their departments, vehicle overload management outstanding achievements in the work units and individuals, should be given recognition and rewards.

    The second chapter of corruption

    Article eighth overall dimension of the vehicle and 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. Nineth public security organs traffic management Department for vehicle registration, inspection on the spot.

    On vehicles fail to meet national safety standards, public security organs traffic management departments shall not be registered and issued number plate, driving permit, road transport authorities above the county level shall not issue vehicle operator.

    Tenth prohibits any units and individuals allowed to change the structure of freight vehicles registered, structure or features.

    Forbidden to change the registered structure, composition or characteristics of freight vehicles on the road.

    Disintegration of the 11th transport not required vehicle modifications shall be conducted by a qualified vehicle manufacturers in accordance with the provisions of the model and technical parameters to be modified. 12th above the county level transportation 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, should be on freight wagons production, refit enterprise communications of economy and information technology, quality and technical supervision and administrative departments.

    Economic and information technology, Department of quality and technical supervision Administration should investigate and punish, and promptly a copy of the investigation results administration of industry and Commerce and communications units.

    13th coal, sand and other goods distribution center and the air cargo terminal operators of road freight transport, such as loading, stowage (hereinafter referred to as source of freight units), shall comply with the following requirements:

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

    (B) training of cargo loading, invoicing, Ji Zhong practitioners;

    (C) install a standard cargo weighing equipment and facilities;

    (D) to truck drivers show driving permits, vehicle operator's registration and qualification;

    (E) in accordance with quality and filling requirements approved by the load of freight vehicles, distribution, weight, invoicing, issuing the mount;

    (F) to establish and improve the freight vehicle loading, stowage of registration and statistics system and file, and in accordance with the regulations to the road above the county level transportation management agencies to submit relevant information.

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

    (A) not required loading, stowage of goods, release the overload transportation vehicles;

    (B) no number plate or vehicle driving permit, operator's cargo vehicle, equipped with cargo;

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

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

    (E) to overload freight vehicles to provide a false load certificate.

    15th cargo operators should be on their truck drivers by vehicle safety training learning and loading, stowage according to law, ensure the safety of road transport.

    Freight operators shall not hire truck driver with no qualification shall not be overloaded, or force truck drivers transporting goods.

    16th when the truck drivers ' loads, shall produce to the cargo source unit travel card, vehicle operator's certificate and the driver qualification card; transit should be onboard loading, loading single containing the content should be consistent with the actual loading.

    Truck drivers may not drive overload and oversize freight vehicles.

    17th road transport authorities above the county level should be published in source freight units vehicle limit load standards, supervisory authority name and phone. Road transport authorities above the county level can be done by positioning, inspection and other means, for oversight management of cargo source unit.

    Areas with concentrated source freight units, approved by the people's Governments above the county level, freight road transport authorities above the county level can source units main entrances and targeted regulation, strengthen the supervision and inspection of cargo source units. Road transport authorities above the county level to the load in excess of the prescribed standards of vehicles, shall order the unloading on the spot.

    Violations of the terms of reference does not belong to this sector, should be transferred to the relevant administrative organs in a timely manner.

    18th source freight units of production, business licensing authority or the competent Department shall assist freight road transportation management agencies of corruption, on the transfer of cases to investigate and punish, and transfer of the investigation results in a timely manner a copy the amount of bodies.

    Source freight units of township (town) people's Governments shall cooperate with the road freight transportation management agencies of corruption, support the road transport authorities to perform their duties of supervision and management.

    Chapter III surface treatments

    19th over highways, roads and bridges, road tunnel restrictions set out wide, high limit, limit, limit the vehicle, not in or in a highway tunnel on the highway, road and Bridge Road.

    Highways, roads and bridges, highway tunnels limit load, high limit, width, limit long standard tuning, road management, road management companies shall promptly change the limit load, height, width, limit restriction signs need to bypass the shall be marked detour route.

    20th County Department of transportation administration, or the township (town) people's Government according to the protection needs of Township Road, village road, in the rural road and village road entrance, set up necessary limit high, limit wide facilities, but should not affect the movement of fire and first aid and other emergency health needs, not to charge vehicles.

    Disintegration of the 21st carrying freight vehicles is not available, overall dimension overall or total mass of domestic car over highways, roads and bridges, highway tunnels limit load, height limits, limits width, limit length standard, really necessary on the highways, roads and bridges, highway tunnels, cargo operators Highway administrative departments above the county level shall be subject to examination and approval, get overweight transportation vehicle permits.

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

    Overlimit approval of vehicles should be onboard overlimit permit, by a specified time, course and speed, and raised the clearly marked. Prohibition of lease, transfer of over-limit transportation vehicle passes.

    Prohibit the use of forged or altered over-limit transportation vehicle passes.

    22nd provincial administrative departments of transportation should be combined with the construction of road infrastructure, in accordance with the principles of unified planning, rational distribution, making fixed overload test site construction plan, submitted to the provincial people's Government for approval.

    Road management agencies should be equipped with the necessary equipment and personnel, strengthening the management of fixed-site overload detection, code enforcement, and publish the monitor phone calls.
23rd people's Governments above the county level shall organize the traffic Administrative Department, United law enforcement of public security organs to carry out surface treatments.

    County above highway management institutions and police organ traffic management sector should established sound governance super limited overload monitoring network, according to unified of super limited overload finds standard, in fixed super limited overload detection site on freight vehicles for super limited overload detection, and check; on super limited overload vehicles avoidance Station bypass, and short connection contains, behavior, should to fixed super limited overload detection site for relies on, to fixed detection and flow inspection phase combined of way for investigation.

    Public security organs above the county level are responsible for maintaining fixed overload detection site traffic and public order.

    24th road management agencies above the county level as needed, you can fix overload detected near the site of the highway set the overload detection device and vehicle speed, and set the prompt symbol. Overload detection device shall be subject to legal metrological verification institution accredited.

    Without verification or fail to pass the test, the test results should not be used as unloading, the basis of punishment.

    25th road above the county level administration, public security organs traffic management in supervision and inspection, suspected overload and oversize transportation of freight vehicles, fixed overload should boot to the nearest testing site for processing.

    Freight wagons 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 blocking a fixed site traffic overload detection Lane, rammed through fixed overload detection site or otherwise disturb the test order, may be taken to avoid detection, including short bogey.

    Prohibited by way of bypass or in other ways, do not comply with the relevant national carriage of freight vehicles to avoid overload detection is facilitated. Article 26th after testing overload and oversize freight vehicles, transport materials for the collapse, highway above the county level authorities or public security organs traffic management departments shall instruct the carrier unloaded; the carrier within the specified time without uninstalling, highway administrative departments at or above the county level public security traffic administrative departments shall force uninstall, uninstall the expenses shall be borne by the carrier.

    Is not available for unauthorized transport collapse, road management agencies above the county level shall order the vehicles are parked, the law, and shall inform the parties go through examination and approval procedures.

    After testing was not overloaded freight vehicles, highway administrative departments at or above the county level public security organs traffic management departments should be immediately released.

    27th overload freight vehicles need fixed overload test sites to assist unloading or storage of goods, essential services or storage fee shall be paid, their fees approved by the provincial price administration authorities.

    Carrier shall dispose of goods to unload in the 7th, fails to dispose of, by highway authorities above the county level in accordance with the relevant provisions of the State and province.

    28th damage to roads, ancillary facilities of roads, vehicle driver shall immediately report the highway administrative departments above the county level, under the on-site investigation and handling of the highway management; endangering traffic safety, should also set up warning signs or take other security measures, and promptly report to public security organs traffic management departments.

    29th competent administrative departments of people's Governments above the county level transportation and public security organs and relevant departments shall establish a freight vehicle overloaded information system, illegal acts related to overload freight vehicles registration, copy, process and publicity, information sharing.

    The fourth chapter legal liability

    Article 30th disobey article eighth, 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, in accordance with the People's Republic of China relevant provisions of the road traffic safety law.

    In violation of these regulations section 11th, has the qualifications prescribed by the State production enterprise fails to comply with the requirements of vehicles models and technical parameters of modified vehicles, by the original Licensing Office ordered corrective action, fines of between 40,000 yuan and 200,000 yuan; it refuses to, revoke certificates.

    31st article violates this article 14th paragraph (a), (b), (d), (e) the provision, by the road transport authorities above the county level shall be ordered to correct, fines of between 10,000 yuan and 30,000 yuan; freight vehicle overloads, overload due to terminal loading, if the circumstances are serious, the original road transport licensing authority shall revoke a business license.

    Violation of these measures article 14th (c) the provision, by the road transport authorities above the county level shall be ordered to correct, according to each liangci than 1000 Yuan fine.

    32nd breach of paragraph II of this article 15th, cargo operators, force the overloaded truck drivers transporting goods, the road transport authorities above the county level shall order rectification, road safety and in accordance with the State Council regulations on the protection of the relevant provisions.

    Article 33rd in violation of the first paragraph of article 19th, vehicles travelling on the highway, truck overall outline dimensions, axle load or mass over qualifying standards for highways, roads and bridges, highway tunnels, highway administrative departments above the county level shall be ordered to correct, road safety and in accordance with the State Council regulations on the protection of the relevant provisions. Article 34th in violation of the provisions of the third paragraph of the article 21st approval to overload freight vehicles, not according to the specified time, course and speed, highway administrative departments at or above the county level public security organs traffic management departments shall order rectification refuses, highway administrative departments at or above the county level public security organs traffic management department can impound vehicles.

    Does not come with the car carrying overloaded transport vehicles pass, highway administrative departments above the county level shall impound vehicles, order the truck drivers to provide overloaded transport vehicles certificate or the certificate. Violation of the provisions of this article 21st of the fourth paragraph, lease, transfer of over-limit transportation vehicle pass, the highway administrative departments above the county level shall confiscate overlimit permit, of up to between 5000 and 1000 Yuan fine.

    Using forged or altered of over-limit transportation vehicle pass, highway administrative departments above the county level shall confiscate forged or altered overlimit permit, fined not more than RMB 30,000 yuan. 35th article on 1 years within illegal super limited transport over 3 times of freight vehicles, by County above road transport management institutions revoked its vehicles operating card; on 1 years within illegal super limited transport over 3 times of freight vehicles driver, by County above road transport management institutions ordered its stop engaged in business sex transport; road transport enterprise 1 years within illegal super limited transport of freight vehicles over this units freight vehicles total 10% of, by County above road transport management institutions ordered road transport enterprise closed reorganization; plot serious of,

    Cancellation of road transport operators permit and announced to the public.

    36th in violation of paragraph II of this article 25th, any of the following acts, enforced by highway authorities above the county level off or detained for freight vehicles, fined not more than RMB 30,000 Yuan:

    (A) intentionally blocked the fixed site traffic overload detection Lane, rammed through fixed overload detection sites, such as disturbing the order of overload detection;

    (B) take a short bogey to avoid overload detection.

    37th article violates article 28th of these measures, and cause damage to the roads, ancillary facilities of roads, refusing to accept the investigation and handling of road management agencies above the county level, road authorities can detain freight vehicles. Highway authorities detained vehicle shall be issued on the spot voucher, and shall inform the parties in road management agencies within the prescribed treatment.

    Fails to take care of, and accepted by the Bulletin 3 months is still not dealt with, the detained vehicle, managed by the Highways Agency law.

    Highway administrative departments shall take good care of the detained vehicles, shall not be used.

    Article 38th in violation of the regulations, activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

    39th people's Governments above the county level shall organize serious responsibility to check the overload and oversize freight vehicle, check source loading, stowage of cargo units, vehicles, or refitting enterprises, vehicle units, via fixed-site overload detection units, or personal liability.

    Responsibility of enterprises or individuals involved in the search, by the Administrative Department shall be investigated for legal representatives and persons responsible involved administrative organs and their staff, monitored by units or organs shall investigate the responsibility of the person concerned constitutes a crime, criminal responsibility shall be investigated according to law.

    40th road transport authorities above the county level, road authorities and the public security organs traffic management sector or other sectors concerned with any of the following circumstances, or the supervisory organs shall be given administrative sanctions by the unit constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) does not meet national safety standards, vehicle registration and issuance of license plates and driving permit or vehicle operator's certificate;

    (B) for violation of provisions required for overload overload freight vehicles vehicle permit;

    (C) in violation of regulations released overload freight vehicles or only a fine, uninstall is not enforced;

    (Iv) breach block, check driving freight wagons;

    (E) illegal detention of freight vehicle or using a vehicle detained according to law;

    (Vi) received complaints from overloaded freight vehicles violations and report, not organizations to verify in a timely manner and dealt with according to law;

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

    The fifth chapter by-laws 41st these measures come into force on November 1, 2011.