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Administrative Measures For Waterway Transportation In Henan Province

Original Language Title: 河南省水路交通管理办法

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Water transport management in Southern Province

(Adopted at the 78th ordinary meeting of the Government of the Southern Province, held on 17 December 2010, by Decree No. 138 of 27 February 2011, by the People's Government Order No. 138 of the River Southern Province, as of 1 May 2011)

Chapter I General

Article I, in order to strengthen the management of water transport, to maintain a water transport order, to secure the safe, safe and accessible transport of water, to promote the development of water transport, and to develop this approach in line with the relevant laws, regulations and regulations.

Article II applies to water transport activities within the province's administration.

The approach refers to water transportation, including the construction and management of roads and ports, port operations, ship tests, water transport and services, water emergency management, water traffic safety and related activities.

Article 3. The Government of the people at the district level should incorporate water transport construction into national economic and social development planning, encourage, support and direct the development of water transport, and incorporate the provision for water transport monitoring in the current financial budget.

Article 4

The relevant administrative authorities, such as agriculture, water, tourism and sports, at the district level, should be managed in accordance with their respective responsibilities.

Chapter II

Article 5

Article 6

Article 7. The provincial transport administration authorities are responsible for the construction and management of roadways in the province, which can authorize the management of the provincial municipal transport administration.

Enterprises or individuals are encouraged to invest in port construction and operation and management and who invest.

For the purpose of improving water traffic conditions, the use of social funds-building routes, ship gates can be used for reimbursable use, which is approved by the provincial transport administration authorities after the approval of provincial price authorities, the financial administration authorities.

Article 8 works construction projects and other facilities on the road river, the trans River and rivers should be submitted in advance to the relevant water transport management and river management bodies to review their consent and to process the clearance process as required. Water transport management shall participate in the design review and completion of engineering projects or facilities.

In accordance with the above-mentioned construction projects and other facilities, the construction of pre-construction units must develop a road safety programme to ensure the safety of navigation and navigation and to be responsible for the costs required for programme implementation.

Article 9. The establishment, relocation or withdrawal of the crossing, shall be submitted to the territorial Government for approval and shall seek the views of local water transport management authorities, water administration authorities, river authorities.

The local government and the transport administration authorities should strengthen the management of the crossings in accordance with the provisions of the Water Safety Regulations of the People's Republic of China, which are responsible for monitoring the safety of crossings and transit.

Article 10. Water transport management should enhance monitoring and conservation of navigation and its facilities. The water transport management does not obstruct, interfere with, any unit or individual.

Article 11

(i) Exploration, extractiveness, damage;

(ii) Construction, establishment, maintenance, removal of water-based construction or facilities;

(iii) The building of bridges and slots;

(iv) paved, inspected, dismantled water cables or pipelines;

(v) Establishment of facilities such as buoys, buoys, cables;

(vi) The construction of roadways, the dredging of the water area at the terminal;

(vii) Large mass events and sports competitions.

The operation or activities listed in the previous paragraph shall be subject to approval by the relevant authorities, in accordance with the provisions of the law, administrative regulations, and shall also be subject to the relevant approval procedure in accordance with the law.

Article 12 prohibits the following activities in shipping and port waters:

(i) breeding, cultivation;

(ii) Exposures, explosions, etc. that may endanger port safety;

(iii) dumping of cement, sand and waste;

(iv) Exclusive emissions of toxic and hazardous substances. Explicit security measures, such as engineering construction, are required to carry out extractive and spoiler activities in the waters of the ports, and are approved by the district-level water transport authorities.

Chapter III

Article 13. All shipowners or operators shall apply for ship registration and ship testing in accordance with the National People's Republic of China Ship Registration Regulations and the People's Republic of China Ship and Maritime Facilities Inspection Regulations.

The construction of ships and the annual technical test of ships are carried out by the ship inspection body. The ship inspectorate should review the quality and construction of ship-building, maintenance paper and test the construction and maintenance process. After testing is qualified, the ship inspection body should issue a ship test certificate in accordance with the provisions.

Registration tests for military, public safety, sports and fishing vessels are carried out in accordance with the relevant national provisions.

There shall be no use of vessels that have not obtained a ship test certificate.

Article 14. The acquisition of units and individuals from other ships for water transport shall be subject to a ship test certificate issued by the ship inspection body and a ship design paper and technical document to the ship inspection body at the ship's location.

Article 15. Ships shall be at least, at sea or at sea or at sea, in accordance with the law; in emergencies, the need for parking in other waters should be reported to the water transport administration.

The ship shall be removed from the time of submission.

An effective ship test certificate and a ship ownership certificate must be obtained by the buoy.

Article 16 shall receive professional training and training in accordance with the relevant provisions of the State, after the examination is eligible for the corresponding valid post certificate.

Article 17 passengers should be wearing their life-saving clothing when they operate on ships, staff.

No unit or individual shall have the following acts:

(i) Privately constructed or converted ships;

(ii) Use of untested or unqualified vessels;

(iii) The use of ship-breaking vessels for water transport or water operations.

Article 19

(i) The verification and possession of qualified ship tests by law;

(ii) Registration and possession of ship registration certificates by law;

(iii) A corresponding vessel with a qualified job certificate, as required;

(iv) In accordance with national provisions, the ship that should be insured shall be in possession of the insurance instrument or the supporting document;

(v) Provide the necessary information on navigation and comply with other airworthiness.

Article 20

(i) Exclusive transport of goods, passengers or goods contrary to the State's provisions on transport embargoes and limits;

(ii) Cross-border, route transport;

(iii) Instructions in night or under conditions that do not meet the requirements of the air;

(iv) Reaching or conducting a team and distributor operation in the control of the air;

(v) Non-signant ship delivery;

(vi) At the time of the delivery of large livestock, such as cattle, garage other passengers, and at the time of the delivery of mobile vehicles, no vehicles were separated;

(vii) Drivers or operations after the alcohol;

(viii) Drivers who do not have a driver.

It prohibits navigation, operation of vessels without board name, seaport, ship certificate.

Chapter IV Transport management

Article 21 Transport administrative authorities should strengthen the management of water transport, maintain transport order and improve transport efficiency, in accordance with national legislation, regulations and regulations.

The transport administration authorities should strengthen the transport management of the gateway source, gates (dams) vessels, which may be based on the need for appropriate management stations (points).

Article 22 provides units and individuals engaged in commercial water transport or water transport services, which must be granted by the water transport management agencies to obtain transport permits or transport services permits.

The units and individuals that have obtained transport permits and transport services permits are granted to the local business administration to apply for the registration of the business and business administration, which may be opened after the approval of the license.

The People's Republic of China's Ship Transport Certificate must be shipped by a ship carrying a water transport authority.

Article 23 units and individuals engaged in water transport or transport services must comply with the following provisions:

(i) Operational activities within the authorized scope of the operation;

(ii) Prohibition of forced charging, price rises and competing prices;

(iii) No embargo, a monopoly source;

(iv) The conduct of annual trials as required;

(v) The use of State and provincial-mandated water transport instruments and documents.

Article 24 Transport operators should comply with the laws, regulations and regulations governing water pollution control, maintain the sanitation of ship navigation, parking waters, and shall not be subject to prescribed emissions, dumping of waste, pollutants.

Ship storage, loading, transport of dangerous goods should be subject to the security management provisions of States and provinces relating to hazardous items and be supervised by the relevant authorities.

Article 25.

The use of ships should be carried out within the authorized area of navigation.

There is a strict ban on the operation of fishing vessels, self-ustained vessels.

Article 26 Business and port operators must provide operational and non-commercial transport statistics to transport administrative authorities and statistical authorities, as required.

Chapter V Security management

Article 27 Governments at all levels and their relevant departments should strengthen the management of water safety in the administration of water in the present administration, in accordance with laws, regulations and methods and their respective responsibilities.

More than twenty-eight people at the district level should develop water safety management measures, establish a system of responsibility for sound safety, organize, promote, support relevant sectors, units to perform monitoring and management responsibilities for water safety, and coordinate key issues in the management of water transport safety.

Article 29 commune governments perform the following responsibilities for the safe management of transport in the present administrative region:

(i) Establishment, sound administrative villages and shipowners' safety responsibilities;

(ii) During meetings, holidays, the organization of associated personnel to assist in maintaining a safe production order on water;

(iii) The management of safety oversight of non-delivery vessels and the implementation of specialized personnel for the safe management of shipping water;

(iv) To urge all shipowners, operators and crews to adhere to the relevant water safety laws, regulations and regulations.

Article 31 Transport administrative authorities are responsible for the safe supervision of shipping vessels, hiding boats, buoys and water transport enterprises.

The administrative authorities in agriculture (consider management) are responsible for the safe supervision of fishing vessels.

Water administration authorities, river authorities are responsible for the safe supervision of vessels of non-aired waters (including water-dependent facilities) and the system dedicated to water in the industry, underwater construction and operation.

The Sports Administration is responsible for the safe supervision of sports boats and bleaching activities.

The water administration authorities, the river authorities should perform oversight functions for the buoy, in accordance with the provisions of the law, regulations and regulations.

Article 31 governs the safety management of regional cruise ships, the management units of natural protected areas, parks and parks and their industry authorities.

Article 32 should be based on the division of labour as a mark for the use of paints for the management of ships.

Article 33 Operators of Waterways, operators of water transport services and port operators are fully responsible for the security production of this unit.

The operators of waterways transport operators, water transport operators and port operators must comply with legal, regulatory and security technical operating protocols related to safe production, strengthen security production management, establish a safe production responsibility and job responsibilities system, improve safety production conditions, develop accident emergency relief scenarios and organize implementation.

More than SARS should conduct water safety inspections in accordance with the relevant national provisions and this approach. The security implications identified in the inspections should be addressed and informed by the parties that they are responsible for their immediate elimination or removal of deadlines. In the absence of a timely elimination or late removal, the imposition of temporary suspension orders, cessation of operations, moving to designated locations, the prohibition of entry into ports, loading, dismantling power devices, and the suspension of ships could be taken.

In cases such as harsh weather, flooding of water, severe water or high density of water buoys, water traffic accidents affecting navigation, ship pollution accidents, etc., the district-level water transport management authorities may take time-bound navigations, vouchers, parking, erodings, transporting measures, and timely notice.

Chapter VI Legal responsibility

Article 33 XV violates the provisions of this approach by providing for the enforcement of laws, regulations and regulations.

In violation of this approach, there are one of the following acts, by transport law enforcement officials, in accordance with the provisions of the corresponding coercive measures, to correct violations in a timely manner and to eliminate security shocks; and fines for ship operators or all persons under the authority of transport at the district level of 500,000 dollars:

(i) Exclusive transport of goods, passengers, or violations of the State's provisions for transport embargoes, restricted cargo;

(ii) Cross-border transport;

(iii) At the time of delivery of large livestock, such as cattle, garage other passengers, and at the time of delivery of mobile vehicles, no vehicles were separated.

In violation of this approach, one of the following acts is committed by transport law enforcement officials, in accordance with the provisions of the corresponding coercive measures, to correct violations in a timely manner and to eliminate security shocks; to impose a fine of more than 100,000 dollars for ship operators or all persons at the district level of transport administration:

(i) Instructions in night or under conditions that do not meet the requirements of the air;

(ii) A non-signant ship passenger;

(iii) Drivers who do not have a driver.

Article 338 Administrative authorities for transport at the district level, relevant administrative authorities, water transport management authorities and their staff violate the provisions of this approach, with one of the following acts being committed by their duty-free organs or by the inspection body to administratively dispose of the competent and other direct responsible personnel directly responsible under their jurisdiction; significant security accidents, which constitute a crime, and criminal liability under the law:

(i) No authorization based on statutory conditions;

(ii) Non-implementation of inspection by law;

(iii) Identifying that shipping vessels do not have security conditions and do not deal with them in a timely manner;

(iv) The discovery of non-licensible self-employment in a timely manner;

(v) Toys negligence, favour private fraud and abuse of authority.

Chapter VII

Article 39 of this approach is implemented effective 1 May 2011.