Administrative Measures For Waterway Transportation In Henan Province

Original Language Title: 河南省水路交通管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351907.shtml

Administrative measures for waterway transportation in Henan province

    (Henan provincial people's Government, the 78th Executive Meeting December 17, 2010 through February 27, 2011 138th promulgated by the people's Government of Henan province as of May 1, 2011) Chapter I General provisions

    First to strengthen sea traffic management, maintenance of waterway traffic order and safety of waterway transportation and open, promote the development of waterborne transport in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Second this approach applies to this province, waterway transportation activities within their own administrative areas.

    Waterborne transport in these measures, including planning, construction and management of waterways and ports, port operations, vessel inspection, sea transport and emergency services, water management, water safety and its related activities.

    Third waterway construction should the people's Governments above the county level shall be incorporated into the national economic and social development plans, encourage, support and guide the development of waterway transport and waterborne transport regulatory requirements incorporate the budget is guaranteed.

Fourth competent administrative departments of people's Governments above the county level transportation waterway traffic management work within their respective administrative areas, waterways of its traffic management agency specifically responsible for waterway management.

    People's Governments above the county level agriculture, water resources, tourism, sports and other relevant administrative departments shall, in accordance with their respective responsibilities, to do the waterborne transport-related administrative work.

    Chapter II administration of waterways and ports

    Fifth competent administrative departments of people's Governments above the county level transportation in conjunction with the development and reform based on the level of waterborne transport development planning, integrated watershed planning, local economic and social development planning, preparation of the local waterway transport development planning, the people's Governments at the corresponding level for approval.

    Article sixth fairway and port construction should be carried out in accordance with approved transport development plan, and in accordance with the capital construction program, flood safety and environmental protection requirements. Seventh fairways built to government investment.

Provincial transport administration authorities are responsible for construction and management of waterways in the province, may authorize a provincial Government Department of transportation administration management.

Encourage enterprises or individuals investing port construction and operation and management, introduction of investor who benefited.

    To improve transport conditions for the purpose of using Community funds construction of channels and locks to implement paid use, charges by the provincial administrative Department of transport, in conjunction with the provincial Department in charge of price, financial administrative departments for review, submitted to the provincial people's Government for approval. Eighth on the navigable river building River, across the river and river engineering construction projects and other facilities, the construction unit shall be submitted by the relevant waterway traffic management agencies and river management agencies for examination and approval, and according to the provisions of the relevant approval procedures.

Waterway traffic management agencies should participate in the project or facility design review and acceptance.

    According to the provisions of the preceding paragraph construction projects and other facilities to be built, the construction units must ensure unimpeded passage before the navigation scheme and the safety of navigation, and is responsible for the cost of programme implementation.

Nineth ferry's establishment, transfer or withdrawal should be reported to people's Governments at the County and approval, approval should be sought before the local waterway authorities, water views, river works the competent authority by the Administrative Department.

    Ferry County people's Government and the Administrative Department of transport should be based on the People's Republic of China inland river transportation provisions of the safety regulations to strengthen management of the ferry, is responsible for the ferry and the ferry safety supervision and inspection. Tenth waterway traffic management should strengthen the channels and facilities monitoring, conservation.

    Waterway traffic management agency for guaranteeing unimpeded passage in accordance with the survey, dredging, throw mud, fill, repair and maintenance of waterways and navigation buoys and other construction work, no unit or individual may obstruct or interfere.

11th in inland navigable waters or shorelines, the following operations or activities that may affect navigation safety, should be carried out in the operation or activity before approval of the waterway traffic management agencies:

(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.

    Operations or activities listed in the preceding paragraph, in accordance with the provisions of laws and administrative regulations, required approval by the relevant authority, it shall go through the relevant approval procedures.

12th is forbidden in the waterway, port from engaging in the following activities:

(A) farming and planting;

(B) mining and blasting likely to threaten port security;

(C) of mud, sand, waste; (D) the excessive discharge of toxic and harmful substances.

    Construction needed in port waters, such as mining and blasting activities, appropriate security measures shall be taken, and approved by the waterway traffic management agencies above the county level.

    Chapter III ship management

13th the owner or operator shall, in accordance with the People's Republic of China regulations for registration of ships and the People's Republic of China ships and marine facilities inspection regulations require the registration of ships and ship inspection. Ship construction inspection and annual technical inspection of ships, ship inspection bodies. Ship building and repairing ship survey institutions should honor reviewing drawings and construction, maintenance, and inspect its construction and maintenance.

After passing the inspection, ship inspection bodies shall ship inspection certificate issued in accordance with regulations.

Military, police, sports, as well as the registration of fishing vessels inspection in accordance with the relevant provisions of the State.

    Ships without a ship inspection certificate shall be used.

    14th buying others marine units and individuals engaged in water transport, shall take the vessel inspection agencies issued a ship inspection certificate and ship design drawings and technical documents to the port where the ship inspection agency issue a ship inspection certificate.

15th ship should dock, berth parked in a parking area, work area or the competent public in case of emergency, in other waters where, should report to the waterway authorities.

Ship to the retirement period, should be scrapped.

    Pontoon bearing boat requires a valid ship inspection certificate and the certificate of ownership.

    16th master, Chief Engineer and the other crew members should be in accordance with the relevant provisions of the State, access to professional training and training, upon passing the examination after obtaining the job certificate of valid certificates.

    Article 17th passengers ships on the water, staff assignments, to wear a life jacket.

18th no unit or individual is allowed to any of the following acts:

(A) privately built or refitted ships;

(B) the use of untested or unqualified ship;

    (C) the use of scrap ship on the waterways or water operations.

Article 19th voyage, operation shall meet the following requirements:

(A) holders of qualified vessel inspection certificate inspection according to law;

(B) by the holders of ship registration certificate shall be registered;

(C) equipped with qualified job certificate of crew as required;

(D) in accordance with State regulations should cover the shipping insurance shipping insurance instruments or documents;

    (E) with the necessary navigation information, and to comply with the airworthiness requirements.

20th ship navigation, operations may not be any of the following acts:

(A) the overload transportation of goods, passengers, or in violation of State regulations prohibited, and restricted goods for transport;

(B) transport across the area, route;

(C) night or in fog, heavy rain, strong wind sail under such conditions do not meet airworthiness requirements;

(D) in the control segment or formation, operation is performed;

(E) non-passenger ship passenger;

(F) when carrying large livestock such as cattle, horses, and also carry other passengers carrying motor vehicles, not a grade-separated;

(G) driving under the influence, or operations;

(VIII) do not have qualified personnel to drive the ship.

    Prohibited without a ship's name plate, a port, no certificate of ship navigation, job.

    Fourth chapter transportation management

21st transportation administrative departments shall, in accordance with national laws, rules and regulations to strengthen the management of waterways, maintain order and improve transport efficiency.

    Competent administrative departments should strengthen the waterway for transportation sourcing focus, over gate (BA) marine transportation management may establish, as necessary, appropriate management stations (point).

22nd units and individuals engaged in commercial waterways or sea transport service, must be approved by waterway authorities, transport permits or transportation services license.

Transport permits and transportation services unit and individual licenses, credentials to the local administration for industry and commerce to apply for business registration, approved license before they can practice.

    Business must carry on board transport ships and waterway transport management issued by the People's Republic of China shipping service transport licence.

Article 23rd waterways or sea transport service units and individuals must comply with the following requirements:

(A) engage in business activities in the approved scope of business;

(B) prohibit the forcing agent, price-gouging, undercut;

(C) not supply blockade, the monopolies;

(D) according to the provisions of the annual audit;

    (E) the use of national and provincial water bills and documents stated.

24th sea transport operator shall comply with the laws and regulations on water pollution prevention and control, the maintenance of ship navigation, berthing water sanitation, shall not violate the discharge, dumping of waste and pollutants.

    Storage, loading and unloading, the transport of dangerous goods by vessels, shall comply with the relevant national and provincial dangerous goods safety regulations, and accept the supervision and management of relevant competent departments.

25th use fishing vessels should be in accordance with the provisions of article usage, scale, private ships, manned and cargo shall not exceed the load size and cargo weight.

For personal use should be approved within the trading area of navigation.

    Fishing vessels, personal use is strictly prohibited ships engaged in commercial transport.

    26th sea transportation companies and port operators are required to transport executives and statistics departments provide commercial and non-commercial transportation statistics.
The fifth chapter safety management

    27th people's Governments at various levels and departments concerned shall, in accordance with laws and regulations and these rules and their respective responsibilities, strengthening of the waterborne traffic safety management in the administrative area, implementation of water traffic management responsibility.

    28th people's Governments above the county level shall develop waterborne traffic safety management measures, establish a sound security system, organization, supervision, and support for the relevant departments and units perform oversight and responsibility for the management of water traffic safety, coordinate the resolution of water traffic safety management in the major problems.

29th Township people's Government of the waterborne traffic safety management the administrative area shall perform the following duties:

(A) establish and perfect the administrative villages and owner of ship safety responsibility system;

(B) the Assembly, during the holidays, organize relevant personnel to help maintain water safety order;

(C) responsible for the non-operation of safety supervision and management, implement the waterborne traffic safety management of ship specialized personnel;

    (D) urged ship owners, operators and crew comply with the water traffic safety laws, rules and regulations.

30th transport administration authorities are responsible for navigable waters transport ship, ferry passenger ship, bridge, sea transport safety supervision and management of the enterprise.

Agriculture (fishery management) administrative departments of supervision and management is responsible for the safety of fishing vessels.

The water conservancy administrative departments non-navigable waters, the river supplies the competent authority responsible for sand mining boats (including water facilities) and devoted to the industry within the system on water, underwater construction, work safety supervision and management of the ship.

Sport administrative departments in charge of safety supervision and management of sport boats, rafting.

    Water Conservancy administrative departments, the river supplies the competent authority shall, in accordance with laws, rules and regulations set out regulatory duties of the pontoon.

    31st scenic spots, nature reserves, parks and Garden District and its authorities are responsible for the management of regional management units tour the ship's safety management.

    32nd all relevant departments shall, in accordance with Division of prominent positions in the management of ship spray identified uses.

33rd waterway transport operators, waterway transport service operators and port operators of the unit's overall responsibility for work safety.

    Waterway transport operators, waterway transport service operators and port operators are required to abide by the laws and regulations relating to safety and security procedures, strengthen administration of production safety, establish system of responsibility and accountability, improve work safety conditions, develop emergency plans and their implementation. 34th waterway traffic management agencies above the county level shall be in accordance with relevant regulations of the State and water traffic safety inspection as provided herein. On the safety problems discovered in the inspection, shall make a decision and notify the parties, ordered to immediately remove or eliminate the deadline.

Refuses to eliminate or fails to eliminate, to order the provisional suspension, can be taken to stop work, drove to the designated place, banned in Hong Kong Hong Kong, uninstall, remove power, temporarily seized ships and other coercive measure to ensure navigation safety.

    In case of bad weather, water level a steep rise, steep fall of water level or water float density excess, affecting navigation on the water traffic accidents, marine pollution accident case, waterway authorities above the county level can take a limited-time navigation, one-way traffic, Closure of navigation and navigation load shedding and other restrictions, traffic temporary measures, and shall be published in a timely manner.

    The sixth chapter legal liability

    35th article violates these rules, laws, regulations, penalties, in accordance with its provisions.

36th article violates these rules, any of the following acts, from transport enforcement officers take the appropriate coercive measures in accordance with regulations, timely correction of violations, eliminate security risks; for ship operators or above the county level for all Department of transportation administration fined 500 Yuan more than 2000 Yuan the following fines:

(A) the overload transportation of goods, passengers, or in violation of State regulations prohibited, and restricted goods for transport;

(B) transport across the area, route;

    (C) when carrying large livestock such as cattle, horses, and also carry other passengers carrying motor vehicles, not a grade-separated.

37th article violates these rules, any of the following acts, from transport enforcement officers take the appropriate coercive measures in accordance with regulations, timely correction of violations, eliminate security risks; for ship operators or all of 2000 by the Department of transportation administration above county level more than 10000 Yuan fines:

(A) night or in fog, heavy rain, strong wind sail under such conditions do not meet airworthiness requirements;

(B) non-passenger ship passenger;

    (C) does not have the qualified staff ship.

Article 38th traffic administrative departments above the county level, relevant administrative departments, waterway traffic management agencies and their staff members in violation of the regulations, any of the following acts, shall be appointed or a supervisory authorities directly according to the jurisdiction of the competent personnel and other persons directly responsible shall be given administrative sanctions; major security accidents, constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) is not in accordance with the statutory conditions of approval;

(B) failing to exercise supervision over and inspection;

(C) found that the ship does not have the security conditions are not processed in a timely manner;

(D) find unauthorized transportation is not processed in a timely manner;

    (E) negligence, malpractice and abuse their powers.

    The seventh chapter by-laws 39th article of the rules take effect on May 1, 2011.