Ningxia Hui Autonomous Region, Controlling Freight Vehicles Overloaded Methods

Original Language Title: 宁夏回族自治区治理货运车辆超限超载办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340891.shtml

Ningxia Hui autonomous region, controlling freight vehicles overloaded methods

    (December 7, 2010 Executive meeting of the people's Government of Ningxia Hui autonomous region, the 82nd consideration by 29th December 7, 2010, Ningxia Hui autonomous region people's Government promulgated as of April 1, 2011) Chapter I General provisions

    First in order to strengthen the road transport vehicle overload control, protect State property and people's lives and safety, maintenance of road freight transport market order, ensure smooth roads in good condition, according to the People's Republic of China highway law, the People's Republic of China on road traffic safety Act and the People's Republic of China Road transportation provisions of Ordinance and other relevant laws and regulations, combined with State practice, these measures are formulated.

    Article in this autonomous region within the administrative area of the highway, an ordinary Highway, rural roads, and source control overloaded vehicles for transport of goods (hereinafter referred to as overload), should comply with these measures.

    Article overload freight vehicles in these measures, refers to more than the national highway traffic limit or exceeding authorized laden mass acts of illegal transport of freight vehicles.

    Fourth overload of work follow the region's unified leadership, at all levels of Government, departments, to guide and coordinate the work principles, the parties to the joint action.

    Fifth above the county level shall be responsible for the Organization and leadership of the overload of work within the administrative area, establish and perfect the overload work goal responsibility and accountability, improve overload control mechanism, implementation of overload control staff, and overload working requirements included in the present budget.

    Transportation, public security, development and reform, economic and information technology, quality, safety, business and other related sectors, should be work overload in accordance with responsibilities to fulfil their respective responsibilities.

    Chapter II responsibilities

    Sixth in the transport sector to work overload shall perform the following duties:

    (A) organizing traffic transport administrative law enforcement personnel enforcement, to investigate and punish illegal vehicle overload;

    (B) Organization of road transport authority (hereinafter referred to as transport agency) law enforcement personnel at the loading site and distribution center to regulate the transport load behavior, prevent the overloaded vehicles;

    (C) be responsible for overload detection sites and construction of information management system of overload and operation management;

    (D) establishment of enterprises and employees information systems and credit files, registration, a copy of overloaded transport vehicles, and corporate information, establish and improve the quality of road transportation enterprises evaluation system;

    (E) the boot capacity adjustments, take measures to encourage intensive road freight transport and network management, encouraging the use of closed containers, box-type trucks and multi-axle heavy truck transport;

    (Vi) law enforcement discovered illegal modifications, assembling vehicles in violation inform the departments concerned, and to cooperate with the relevant departments to investigate.

    Article seventh Public Security Department is responsible for the administration of registration of vehicles, maintenance overload the site traffic and public order and organization shall investigate and handle overload of traffic violations and impeding the implementation of corporate crime and other illegal acts.

    Article development and reform (including prices), economic and information technology departments are responsible for vehicle manufacturers and product bulletin, to supervise and inspect the car manufacturers and products, investigate and deal with illegal car manufacturers and products, guiding and supervising the implementation of overload control policy on related charges, set overload vehicles unloading, cargo storage, parking management and other fees.

    Nineth article quality prison sector is responsible for on rule Super work in the by needed of detection equipment law implementation measurement verification, regularly announced by regulation acceptance qualified of bearing pressure class car tanker filling loaded station units list, implementation defects car recalled system, check engaged in assembled, and modified vehicles production enterprise of production places and the standard implementation situation, put an end to no standard production behavior, investigation not meet products certification requirements of car production enterprise and the products.

    Tenth Business Department is responsible for investigating illegal Assembly, converting of motor vehicles and the selling of illegal Assembly, converting of motor vehicles Act banned the illegal Assembly, converting of motor vehicles companies.

    11th safety supervision Department is responsible for the filling unit safety supervision of dangerous chemicals, in conjunction with the relevant departments of the overload of special major accident investigations, and lawfully investigate the relevant units and personnel responsibilities.

    The third chapter of corruption

    12th people's Governments above the county level shall be in accordance with licensing, registration of cargo source unit to the public, establish cargo source linkage work overload work meeting system and administrative law enforcement system.

    Source of cargo referred to in the preceding paragraph refers shall obtain the administrative license or registration, engaged in mineral, agricultural and sideline products, building materials, machinery and other production and processing enterprises, logistics terminals and other operators of road freight transport loading site.

    13th transport agencies should be shipping source unit into overload, inspection and other means to implement transportation source. 14th transportation source unit production, business licensing authority or the competent Department shall establish a transportation source credibility assessment files, overloaded a cargo sources, included the credibility scope of examination, and announced to the public on a regular basis.

    Transportation management body referred cases should be investigated in a timely manner, and processing result feedback transportation management agencies.

    Transportation management agencies should monthly transfer of cargo source law relevant departments report to the local people's Governments and superior transportation management agencies.

    15th transportation source unit shall perform the following obligations:

    (A) explicit staff responsibilities, establish accountability;

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

    (C) the freight vehicle drivers upon the road transport certificates and qualification certificate for registration;

    (D) the configuration of goods weighing and measuring devices;

    (E) to establish and improve freight overload registration and statistics system and the source archive and related information submission to transportation management agencies as required;

    (F) accept cargo source overload the supervision and inspection of law enforcement officers, and provide the relevant information and data.

    16th source freight unit shall not be any of the following acts:

    (A) are not without a licence permit or license is not loading, loading of vehicles;

    (B) the loading, stowage of illegal modification of vehicles;

    (C) violation of overloaded standard, vehicle loading, stowage;

    (D) for overloaded vehicles provide proof of false load.

    17th cargo source unit staff should be on the required load, Ji Zhong, invoice shall not release overloaded vehicles.

    Drivers of vehicles engaged in the carriage of goods, loading the goods should be produced to the cargo source unit road transport certificates and qualification, not drivers of overloaded vehicles.

    18th transport agencies law enforcement personnel when conducting supervision and inspection, shall produce their certificates, perform the following duties:

    (A) the source units of freight overload system and discharge their duties of supervision and inspection;

    (B) overload to cargo source unit registration and statistics system, files are checked;

    (C) found that violations should be corrected in a timely manner, shall be punished in accordance with law;

    (D) does not belong to this Department, timely transfer of relevant administrative organs.

    The fourth chapter surface treatments

    19th under any of the following circumstances overloaded freight vehicles for vehicles:

    (A) two-axle vehicle, the gross vehicle weight of more than 20 tons of cars (not including the number, the same below);

    (B) the three-axle vehicle, the gross vehicle weight of more than 30 tons of car (dual axis calculated according to the two shaft, calculated according to the three axes of the triple axis, the same below);

    (C) four-axle vehicle, the gross vehicle weight of more than 40 tons of cars;

    (D) five-axle vehicle, the gross vehicle weight of more than 50 tons of cars;

    (E) more than six-axis and six-axle vehicles, its gross vehicle weight of more than 55 tons of cars;

    (Vi) did not exceed the five standards, but loading more than driving permit authorized laden mass of a vehicle;

    (G) driving rural roads, truck gross weight exceeding 20 tonnes.

    Article 20th against overload and oversize freight vehicle Highway, common trunk highways and rural roads.

    Transport not disintegration of large goods and exceeds the allowable values of the national highway traffic overloaded transport vehicles, should be approved by the State Transportation Department road.

    21st people's Governments above the county level shall organize transport, United Road law enforcement of public security departments.

    Road law enforcement should be approved by the autonomous regional people's Government fixed overload detection stations within overload detection and flow stations.

    22nd article traffic transport, and police sector should established full network of rule Super monitoring network, according to national unified of super limited overload finds standard and processing standard, in rule Super detection station joint on super limited overload vehicles for governance; on super limited overload vehicles avoidance Station bypass, and short connection contains, violations, should to rule Super detection station for relies on, to fixed detection and flow inspection phase combined of way for investigation.

    Article 23rd overload when law enforcement officials shall conduct supervision and inspection of freight vehicles found overloaded transport vehicles are suspected of violating, shall be ordered to immediately stop vehicles to the overload test stands for testing. 24th illegal to overload freight vehicles should be determined by the weighing equipment testing before they can.

    Determined by the detection of illegal traffic, and process it according to law. 25th article overload law enforcement personnel to investigate and deal with illegal overloaded vehicles, shall order the responsible for the illegal to overload any of the goods on its own uninstall.

    Recalcitrant, obligated by law enforcement personnel shall be unloaded, the cost borne by the liability.

    Overload control law enforcement unit for the unloading of goods provided free storage time not exceeding three days over retention without notice is not removed in accordance with the regulations, sell, notify that party to draw after deduction of related costs.

    Article 26th city divided into districts, counties (cities and districts) the transport sector should be an important access road in the countryside and node location setting width and height limit facility limitations, in seriously overloaded traffic flow, highway entrances, arrange guarded, control of overloaded vehicles.

    27th transport, public security departments in road traffic contingency plans should be developed in the work of law enforcement, when road congestion occurs, should quickly divert traffic, ensure smooth highway.
The fifth chapter liability

    Article 28th overload functions of departments and units should be the responsibility of overloaded freight vehicles seized retrogradation.

    Source checking for loading and stowage of the cargo unit or refitting enterprises, vehicles, vehicle production units through the overload test station or mobile detection units or individuals, such as liability, extract the relevant evidence to form a report on the initial check, the overload of work institutions under the same level.

    Preliminary verification of fault liability, should be completed within seven working days, of the complexity of the case, subject to approval of the competent authorities may extend the five working days. 29th the people's Governments above the county level shall overload control bodies responsible for the overload of work responsibilities and liability investigation and preliminary determination, to verify relevant circumstances a copy of administrative supervision departments.

    Administrative supervision departments are responsible for the examination and determination of the liability of those responsible, and make a decision or advice. Enterprises or individuals involved in the responsibility of 30th article search, by administrative supervision departments to monitor its authorities pursue legal representatives and persons responsible involved administrative organs and their staff, by the superior administrative body or supervisory departments hold responsibility of the persons concerned.

    Constitute a crime, criminal responsibility shall be investigated according to law.

    31st overload does not implement fails to perform the work overload functions, overloaded vehicles has not been effectively controlled and major accidents due to overload of the districts of city, County (city, district) people's Government and the head of the relevant Department, by the superior administrative agency to administrative accountability.

    Chapter Sixth penalty

    32nd in violation of the provisions of article 15th, a rectification by above the county level transportation management agencies; it fails, fined 1000 Yuan more than 2000 Yuan fine.

    33rd in violation of the provisions of article 16th, by above the county level transportation management agencies warn, source and freight units according to each liangci fined 1000 Yuan fine; the same freight origin violation within one month loading, loading more than five times, from above the county level transportation management institution transfer for industry and commerce, quality supervision departments dealt with according to law, and report the people's Governments at the corresponding level.

    34th article violates provisions of the first paragraph of this article 17th, by the source above the county level transportation management agencies on freight units according to each liangci fined 1000 Yuan fine.

    35th violates the provisions of the second paragraph of this article 17th, a rectification by above the county level transportation management agencies; it fails, according to each liangci fined 200 Yuan fines.

    36th article violates provisions of the first paragraph of this article 20th, transportation departments at and above the county level in accordance with the implementation of uninstall, and carried out according to the following penalties:

    (A) more than 50% of the standards, between below 1000 Yuan and 200 Yuan fines;

    (B) more than 100% of the standard 50% above, below 1000 Yuan and 10,000 yuan fine;

    (C) more than 150% of the standard 100% above, fined a maximum of between 15,000 and 10,000 yuan;

    (D) exceeds the standard 150% and fines of between 15,000 yuan and 30,000 yuan.

    37th transport, public security departments or other relevant staff of any of the following acts, disciplined by their work units or departments, and transferred jobs constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) in violation of regulations required for permission to pass through to overload freight vehicles certificates;

    (B) the release of overloaded vehicles of the contravention;

    (C) fines, fees or fines, fees for existing;

    (D) for violation of regulations, production, converted freight vehicles registration, issuance of license plates and driving permits;

    (E) the relevant departments or informed of the transfer case is not investigated in a timely manner;

    (Vi) after receiving the complaint, report, not organizations to verify and handle in a timely manner;

    (VII) other fails to perform or not perform correctly overload duties and abuse of power, deception, negligence.

    Article 38th prevent overload of law enforcement personnel to perform their duties activities contravening public security management, the public security organs shall, in accordance with the People's Republic of China relevant provisions of the law on administrative penalties for public security penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    39th on an administrative organ specific administrative acts, may apply for administrative reconsideration or bring an administrative suit.

    The seventh chapter by-laws

    40th special Highway overload of work can be performed in accordance with the measures. 41st these measures come into force April 1, 2011.