Lakes And Reservoirs In Wuhan Water Transportation Safety Management Regulations

Original Language Title: 武汉市湖泊水库水上交通安全管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201111/20111100353029.shtml

Lakes and reservoirs in Wuhan water transportation safety management regulations

    (February 28, 2011 130th meeting consideration of the people's Government of Wuhan municipality on May 19, 2011, Wuhan municipal people's Government announced order No. 218, come into force on July 1, 2011) first, water in lakes and reservoirs, to the strengthening of the administration of traffic safety, protect people's lives and property safety, according to the People's Republic of China production safety law and the People's Republic of China inland river transportation safety regulations, provisions of laws and regulations, combined with the practical, these provisions are formulated.

    Provisions of this article apply within the administrative area of the City Lakes and reservoirs in navigation, recreation, jobs, sports, parking and water traffic safety-related activities.

    Third, lakes and reservoirs, the water traffic safety management safety first, prevention first and comprehensive treatment approach, in accordance with government direction, shall exercise supervision, enterprises responsible for broad participation, social principles, establish a district-oriented comprehensive prevention mechanism of water traffic safety.

    Fourth article the District Government and the Wuhan economic and technological development zone, and Wuhan Lake technology zone, and City Lake ecological tourism scenic, and Wuhan chemical CMC (following collectively District Government), full is responsible for this regional within Lake reservoir water Shang traffic security management, organization, and coordination, and urged about sector seriously implementation water Shang traffic security management accountability; for water Shang traffic security exists of actual problem, timely organization carried out special regulation, combat and banned various against water Shang traffic security of illegal violations behavior.

    The township (town) people, neighborhood offices shall, in accordance with the relevant provisions, establish and improve the responsibility system for villages and towns ships safety, implementation of ferries, ships, crew and passenger safety management responsibility system of fixed, daily management specialists on water traffic safety, urged ship owners, operators and crew comply with water traffic safety laws, rules and regulations, timely detection and suppression of water traffic safety violations.

    Article fifth transport, maritime, agriculture (fishery), water, sports, tourism and other sectors should be consistent with their respective mandates, in accordance with the following provisions do waterborne traffic safety management in lakes and reservoirs:

    (A) the transport sector is a lake and reservoir on the water management of traffic safety authorities; maritime administrative agency responsible for the registration of vessels and floating facilities in accordance with law and testing, training, examination and certification of crew, maintain traffic order on the navigable waters;

    (B) agriculture (fishery) departments are responsible for the fishing vessel inspection, registration, access to the fishing port of visas and the crew the examination and certification, and is responsible for supervision and administration of traffic safety in fishing port waters;

    (C) the water supplies Department relating to traffic safety on the water in lakes and reservoirs water mains safety supervision and management;

    (D) Sports Department is responsible for sport marine and water sports activities related to the safety supervision and management;

    (V) tourism sector was responsible for involving tourism enterprises of water on the water in lakes and reservoirs on the establishment and implementation of a safety management system for inspection and supervision;

    (Vi) production safety supervision and management departments shall supervise, guide and coordinate the management of lakes and reservoirs water traffic safety supervision and administration;

    (VII) public security, industry and commerce, environmental protection, quality supervision, fire fighting, power supply departments and units according to their respective functions, assist in waterborne traffic safety management in lakes and reservoirs.

    Sixth Park, scenic spots, nature reserves Lakes and reservoirs in water traffic safety supervision and management in accordance with the "who's in charge and who is responsible for, who developed, who is responsible for" principle, by its regulatory agency responsible for the implementation of water traffic safety management responsibility system, fully implement the safety supervision and management.

    Article seventh the owners or operators of vessels and floating facilities are vessels and floating facilities on water traffic safety subjects, shall perform the following duties:

    (A) establish an internal responsibility for safety and security management systems;

    (B) the qualification of employees and security personnel;

    (C) use of ships and other facilities that meet national security requirements, and development of equipment management, maintenance, repair, and maintenance of systems and procedures, norms, improve safety and labor protection measures, illegal operation shall not be ordered, forcing crew members;

    (D) supervision, inspection, security, eliminate security risks in a timely manner, timely reporting of maritime accidents in accordance with regulations;

    (E) Organization to develop and implement emergency response plan;

    (F) ensure safety production and management work of the necessary funds, technology investment;

    (G) pay safety production risk mortgage payments or insure safety liability insurance;

    (VIII) shall bear responsibility for security.

    Eighth district people's Government, the township (town) people's Government, the neighborhood offices, the Administration and vessels and floating facilities owners or operators should be in accordance with the requirements of water traffic safety responsibility system, hierarchical classification sign of responsibility, implement the marine traffic measures to prevent accidents.

    Nineth vessels and floating facilities shall comply with laws, regulations and requirements of the relevant national standards or trade standards, and registration under the law.

    Passenger and freight transport (including tourist transport) the ship shall be inspected by the ship inspection bodies, by the maritime administrative agency shall register and go through the licensing of water transport formalities, may be put into operation. Fishing vessels shall be subject to the fishing vessel inspection departments inspected, made in marine technical certificate and obtain fisheries management fisheries ship visas issued by book, may engage in fishery production.

    Unauthorised fishing ships engaged in commercial transport.

    Sports vessels shall conform to the national and industry security standards, does not meet the standard shall not be put into use.

    Water recreation facilities shall be in accordance with the amusement machines and amusement ride safety regulations on the supervision and administration, quality supervision, public security and other departments to check acceptance, may be put into operation.

    Tenth East Lake scenic ships engaged in tourism activities in the region should abide by the Wuhan East Lake scenic zone Ordinance and other provisions relating to water management, pay the scenic resource use fees paid.

    11th, engage in water sports in lakes and reservoirs, in the vessels and floating facilities shall comply with the environmental regulations of the State, not to discharge oily waste water, sewage and solid waste, encourage the use of clean energy.

    12th crew member shall be subject to professional training, water safety and upon passing the examination, obtain the appropriate certificate of competency or other certificates of competency.

    Water recreation facility personnel should be trained by the competent departments, related documents after passing the test will suffice.

    13th marine navigation, berthing, and operation, set conditions for floating facilities shall conform to the national requirements for security, compliance with maritime navigation safety regulations issued by the Administration and to the following provisions:

    (A) shall not be overloaded;

    (B) not in the wind than wind or sailing during poor visibility;

    (C) you will not interfere with other normal navigation should not endanger the aquatic facility and levee safety, should not be docked;

    (D) may not carry inflammable, explosive, toxic, noxious and other hazardous substances; absolutely necessary to carry, must be in accordance with the provisions relating to transport of dangerous goods management and processing, and take the appropriate safety measures of pollution prevention;

    (E) the route approved by the maritime administrative agency, and waters delineated parking temporary parking and navigation, berthing and operation shall be without prejudice to other ships;

    (F) subject to the flood in flood season.

    14th fishing vessel berthed, shelter from the wind and loading and unloading of goods, shall not damage the water facilities and equipment and shall not hinder water traffic safety of fishing, farming and other production activities.

    15th sports area of the ship should be approved in competitions, training and other activities, may engage in other activities not connected with sport. 16th water recreation facilities must be in designated waters shall not affect traffic safety on the water.

    Business units to enhance the safe management of water recreation facilities, equipped with a number of trained and qualified and get life saving life-saving knowledge and skills of care rescuer; every six months for management to conduct a comprehensive safety inspection and assessment; each year in accordance with the provisions for water recreation facilities maintenance at a time.

    17th in the navigable waters of the following may affect the safety of operations or activities shall be in accordance with the People's Republic of China inland river transportation provisions of the safety regulations, homework or prior approval of the maritime administrative agency and issued navigation warnings or notices:

    (A) the exploration, excavation and blasting;

    (B) to build, Setup, repair, demolition of surface and underwater structures or installations;

    (C) erecting bridges, cableways;

    (D) the laying, repair, demolition and underwater cable or pipeline;

    (E) set the mooring buoy, pontoon, bitts and other facilities;

    (F) the waterway, dredging the waters of waterways, the quay;

    (VII) held a large-scale mass activities, sports competitions.

    The maritime administrative agency shall, in accordance with the People's Republic of China inland river transportation under the regulations of safety management conditions and procedures, the time limit for approval, and to the public.

    18th set or revoke the ferry should be approved by the district, where the ferry; before the district people's Government shall seek the views of the maritime administrative agency.

    Ferry operators shall establish safety management rules and regulations, at the ferry notable locations visible signs and corresponding alerts, warning signs, and the seat of district people's Government approved the route ferry, maintaining the order of ferrying to ensure ferry safety. 19th Lakes and reservoirs for water traffic accidents, vessels and floating facilities owner or operator shall to the fifth article of the relevant authorities or regulatory agency reports in a timely manner, to protect the site.

    The investigation and handling of accidents in accordance with the following provisions:

    (A) water between fishing vessel accidents, by the agriculture (fishery) departments are responsible for investigation and handling;

    (B) Sport water traffic accidents occurred between ships, investigated by the Sports Department is responsible for processing;

    (C) parks, scenic spots, nature reserve of water recreation facilities for water safety incidents, investigated by the departments of parks, scenic spots;
(D) water traffic accidents occurred between other vessels, handled by the maritime administrative agency responsible for the investigation.

    Water transport accidents in the preceding paragraph belong to a production safety accident, accident reporting and investigation process, in accordance with the State Council production safety accident reporting, investigation and handling of provisions of that Ordinance.

    20th marine over a traffic accident to the district people's Government, the competent department or the management body shall, in accordance with the relevant provisions to coordinate the relief effort, mobilizing all forces to actively participate, and the aftermath.

    21st District people's Government, the relevant authorities shall, in accordance with the requirements for water transport accident emergency rescue plan, establish and improve water traffic safety emergency rescue mechanism.

    22nd district people's Government shall organize the relevant departments to strengthen tourist season, important holiday, meetings, flood and severe weather on water, such as supervision, management of accident-prone. 23rd transport, maritime, agriculture (fishery), water, sports, tourism and other sectors should be in accordance with their respective responsibilities, to urge to engage in business activities on the water and personal information and strictly enforced safety standards and operation standards; States have not yet developed standard, should be combined with the actual formulation of guidelines, and monitoring the implementation check.

    On the safety problems discovered in the inspection, shall order the relevant units and individuals to eliminate within; the units and individuals fails to eliminate the law may take measures such as ordered to stop, close, stop use.

    24th district people's Government and the related departments should establish water traffic safety reporting system, public telephone, mail or e-mail address to receive reports on water traffic safety, and dealt with according to law.

    25th in violation of this provision by the relevant authorities in accordance with their respective responsibilities, to sanction in accordance with relevant laws, regulations and rules.

    Article 26th waterborne traffic safety management officials who abuse their powers, neglect their duties, engage, administrative sanctions by their work units or by the competent departments; economic loss caused to a party, shall compensate constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

    27th article this provides the meaning of the following terms:

    (A) floating facilities, refers to the use of cables or cable or other non-rigid fixation of fixed and floating or submersible in water construction and equipment.

    (B) water rides, refers to a specific zone, carrying tourists in carriers of water recreation, including artificial rowing and pedal boats, bumper boats, water bicycles, shuishangmotuo, boat, drift boats, hovercraft, water craft, submersibles, and so on.

    (C) fishing vessels are engaged in fisheries production of ships and ship belonging to the aquatic system for fishery production service, including fishing vessels, aquaculture boats, fish transportation boat, fishing guide boat, research research vessel, Harbor boats, oil tankers and supply ships, barges, boats, fishery law enforcement ship.

    (D) sports ship is a ship or craft engaged in sports training and competition activities and so on. 28th article of the regulations come into force on July 1, 2011.