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Controlling Freight Vehicles In Hebei Province Under Overload

Original Language Title: 河北省治理货运车辆超限超载规定

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Overloading of cargo vehicles in Northern Province

(The 61th ordinary meeting of the Government of the Northern Province, 26 June 2010, considered the adoption of Decree No. [2010], No. 4 of the Order of the People's Government of the Northern Province of the River 30 June 2010, effective 1 August 2010]

Chapter I General

Article 1 guarantees the safety of the people's mass property, protects the right to road access, protects the order of road transport markets and the safe passage of roads, and establishes this provision in line with the provisions of the Law on Road Safety of the People's Republic of China, the People's Republic of China Road Traffic Safety Act, the People's Republic of China Road Transport Regulations, the People's Republic of China Road Transport Regulations.

Article 2 governs the illegal overloading and related violations of cargo vehicles within the administrative region of this province (hereinafter referred to as superficial) and must comply with this provision.

Article 3 should uphold the principles of government leadership, sector regulation, enterprise self-regulation and integrated governance.

Article IV is the responsibility of the Government of the above-mentioned people within the present administration.

The sectors such as transport, public safety, development and reform, business administration, quality technical supervision, safe production supervision, water, land resources, industrial and informationization, financial, material and prices should perform their respective responsibilities in the administration of superficial work, in accordance with the relevant provisions.

Article 5 Governments of more people at the district level should strengthen their leadership in coping with super-working mechanisms, implement super-working mechanisms, arrange the necessary over-working requirements, and implement the mission's nuclear, responsible and vetting system for the administration of work by the respective departments and the lower-level people's Government, and guarantee the effective conduct of the extraterritorial work.

In one of the following cases, freight vehicles are loaded over cargo vehicles:

(i) A total of more than 55 tons (no 55 tonnes);

(ii) More than 10 tons of single axes (non-x tonnes);

(iii) A car carjacked by a vehicle and a full-fledged vehicle mix, with a total increase in the number of main vehicles;

(iv) Other cases identified by the Department of State.

Chapter II

Article 7

In addition to transport heavy non-disintegration items that are required to exceed the cargo vehicle to the road, the High Authority shall not conduct a licence for other superloaded freight vehicles.

Article 8. Highway management, public security traffic management, which is approved by the Government of the Provincial People, administers the management of over-loaded freight vehicles, may also establish mobile testing sites in accordance with the relevant provisions of this province.

Article 9. In the course of carrying out a superficial exercise, supra-service law enforcement officials may set vehicle buffers and automated roadblock devices to guarantee the normal conduct of the superficial work.

Article 10 Overloaded cargo vehicles shall be determined by the loading. The shipment vehicle driver refuses to claim a heavy test or the total length of the vehicle exceeds the unavailability of a heavy equipment test, which can be determined using a measurement method.

Article 11. When law enforcement officials are inspected by law, it is found that cargo vehicles are suspected to be overloaded, they should be responsible for the immediate cessation and direction of inspection stations or of the loading of mobile tests.

The result of the heavy test is not always consistent with the load of the loaded after the legal instrument after which the person is subject to the penalties, and may be considered as a second cargo fil.

Article 12 Refrains overloaded freight vehicles by law enforcement officials should be held accountable to those responsible for violations themselves. The responsible person in conflict with the law shall be forced to carry out his or her work within the prescribed time period, and the cost of the discharge shall be borne by the offender.

Article 13 Highway management, public security transport management should communicate the overloaded cargo vehicles and driver's information on the road transport management in a timely manner. Road transport management bodies should be identified by law.

Article 14. The establishment of a high-level and restricted-grid facility in the district is subject to approval by the district-level Government.

Article 15 provides for a lump sum of more than 55 tonnes (55 tonnes) or more than 100 per cent of the total number of trucks exceeding the agreed 100 per cent super-loaded freight route, using a heavy fee system to cover the corresponding costs. Its fees are applied after the approval of the Provincial Government.

No unit or individual shall be prevented by any reason or by way of discouraging, rejecting the imposition of ultra vires inspections by law enforcement officials, without malicious blocks, intrusive customs, destruction facilities, threat of excessive law enforcement personnel.

For refusing to check, vehicles hinder the passage of transportation, the costs associated with the imposition of a vehicle by a super-mandated law enforcement officer to leave the vehicle or to carry out a test for the loading of the trajectory.

Article 17

(i) Exclusive enforcement efforts without access to administrative law enforcement;

(ii) Only fines, fees, non-implementation of vehicles;

(iii) A fine, charge, etc.;

(iv) The discovery of ultra-ex cargo vehicles is not carried out.

Any unit or person has the right to lodge complaints, reports to the road transport management body, the road administration, the public safety transport management or the inspectorate, the Government's rule of law institutions. Complaints and reporting sectors should be subject to a division of duties, prompt verification and legal treatment.

Chapter III

Article 18

(i) Clearly establish and implement accountability mechanisms for practitioners in this unit;

(ii) Training of practitioners, such as cargo loads, tickets and heavy weights;

(iii) Registration of information on freight vehicles, drivers and goods, as provided by road transport management agencies, and timely reporting of registration results;

(iv) Accomplished, equipped with heavy facilities;

(v) To receive oversight inspections of over law enforcement officials and to provide information and information thereon.

Article 19

(i) No excess vehicle shall be placed on the basis of a provision for the loading, distribution of cargo;

(ii) Carrying and loading of cargo vehicles without a name or pass, road transport cards;

(iii) Oriental change of the registered structure, construction or character of cargo vehicles containing, containing cargo;

(iv) Carrying and loading of cargo vehicles that are not presented for driving the licensee;

(v) Provision of false evidence for ultra-load vehicles.

Article 20

The freight forwarder units that have not been granted administrative permission under the law shall not engage in the production of cargo loading and assigned.

Article 21 shall oversee the publication by the freight forwarding source terminal, the name of the oversight body and the telephone, the supervision of the cargo terminal units, including through the conduct of inspections, the presence of personnel, and the suppression of illegal ultra vires.

Article 2

Article 23 Operators should strengthen the knowledge of the safety of the practitioners' vehicles and the training that is carried out in accordance with the law, and ensure road transport safety.

The shipment operator shall not hire a shipment vehicle driver without the licensee.

Article 24 Drivers of freight vehicles shall present a pass, road transport certificate, driver's certificate and a profit certificate.

The shipment vehicle driver shall not drive the excess of cargo vehicles.

Article 25 The production or conversion of cargo vehicles shall be produced in accordance with the type and parameters of this enterprise product published in the National Cardrying Enterprise and Products Bulletin, to enhance the management of production consistency and to prohibit false marks.

Vehicle production and sale enterprises shall not sell vehicles that are not in accordance with national mandatory standards.

Public safety transport management shall not register, issue and pass for cargo vehicles that have been produced, converted to the former paragraph.

No unit or individual shall automatically change the structure, structure or characteristics of the cargo vehicle registered.

Removal of the registered structure, construction or identity of cargo vehicles is prohibited from moving on the road.

Article 27, the road transport management, the public safety transport management, for the self-removed replacement of registered structures, construction or features, should inform industry and informationization, quality technology monitoring authorities in accordance with the law. The survey department should reproduce the findings of the Office in a timely manner and inform the business administration and the units that inform the information.

Chapter IV Legal responsibility

Article 28 is one of the following acts by staff of the Road Transport Authority, the Highway Authority, the Public Security Service or other relevant departments, which are disposed of by their units or inspection bodies; and constitutes criminal liability under the law.

(i) In violation of the provision for a permit for the movement of a excess cargo vehicle;

(ii) In violation of the provision for the release of a super-load vehicle or a fine, charge and non-implementation;

(iii) Incest fines, incest fees or fines, fees are charged;

(iv) Registration, issuance and pass of cargo vehicles in violation of the provisions for production, conversion;

(v) The cases transferred or communicated to the concerned authorities are not promptly investigated;

(vi) After the receipt of the complaint, the investigation has not been conducted in a timely manner and is governed by the law;

(vii) Other acts of non-performance or incorrect enforcement of super-response and abuse of authority, provocative fraud, malfunctioning.

The former provides for staff members who are administrative law enforcement officers, who are temporarily deducted or distributed to administrative law enforcement documents in accordance with the circumstances of the Government's rule of law, and recommends that their units leave training or relocate their law enforcement positions. Without access to administrative law enforcement qualifications, the responsibility of the relevant departments and units is vested in the administration of justice.

Article 29, in violation of article 18 of the present article, is subject to a change in the time limit of responsibility by road transport management authorities, which is overdue, with a fine of more than two thousand dollars.

Article 31, in violation of article 19 of this provision, is corrected by an order of responsibility of the road transport administration and is fined at one thousand yen.

The shipment source units containing hazardous chemicals violate the provisions of Article 19, paragraphs 2, 3 and, by road transport management, are transferred to the safe production control management, by a security production supervision management order and by a fine of one million dollars each.

In violation of article 20, paragraph 2, of this provision, the relevant sectors such as the administrative licence for the production of the operation are prohibited by law.

In violation of article 23, paragraph 2, of the present provision, the responsibility of the road transport administration is corrected and the fines of more than five hundred thousand dollars; the serious consequences are the suspension of the shipping operator's orders until the release of the road transport licence is lawful.

In violation of article 24, paragraph 2, of this provision, the public security transport administration is punishable by law. The road transport management body has removed its road transport certificate or from the industrial qualifications certificate by virtue of law by means of a freight vehicle or driver who exceeds three times a year.

In violation of article 25, paragraph 1, of the present provision, the industrial and information administrations, on a case-by-step basis, request the relevant State departments to eliminate the qualifications of the product's Bulletin on vehicle production enterprises and products; to sell, to be processed by shipping vehicles in violation of the production, conversion of businesses to their own hands; to reject the re-recruitment, to be called upon by the executive authority responsible for quality technical supervision.

In violation of article 25, paragraph 2, of this provision, the business administration is governed by law.

Article XV, in violation of article 26, paragraph 1, is governed by the law by the relevant sectors such as the administration of business, quality technical supervision, public safety and transport management.

In violation of article 26, paragraph 2, of the present provision, the public security transport administration, the road transport administration, which is punishable by law and is responsible for the restoration of the status quo by the State's mandatory standards, the delay of irrevocation, the imposition of the restitution of the status quo and the cost borne by the offender.

In violation of this provision, supra-loaded freight vehicles are on the road, and administrative penalties are imposed by the High Authority in accordance with the provisions of the People's Republic of China Highway Act. Of these, one of the following cases should be punished in the range of legal provisions:

(i) A total of more than 55 metric tons (no 55 tonnes);

(ii) More than 100 per cent of the standard for the vehicle;

(iii) Two pieces of loading of goods after the investigation;

(iv) obstruction, rejection of inspection.

Article 37 Governments of more people at the district level should organize responsibility for severely overloaded freight vehicles. units or individuals, such as loading, loaded freight forwarding units, vehicle production or reloading enterprises, vehicle-owned units, route loading or mobile loading points.

The responsibility of the responsibilities involved enterprises or individuals, who are held accountable by their administrative authorities for legal representatives and persons directly responsible; the responsibility of executive organs and their staff to be held by their superior administrative organs or supervisory bodies; and the enforcement of administrative law enforcement responsibilities to be held accountable by the Government's rule of law institutions; and the commission of criminal responsibility by law.

Article 338, which impedes the exercise of duties by law enforcement officials and constitutes a violation of the administration of justice, shall be promptly checked by public security authorities in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China, which constitutes an offence and shall be criminalized by law.

Article 39 does not carry out responsibilities with respect to ultra vires, and does not exercise due diligence, and super-load vehicles are not effectively controlled, particularly in the municipalities, districts (markets, zones) and the Government of the people of the major security accidents, as well as in the administration of the sector concerned, criticized by the superior administrative organs and administrative accountability; disposed of the responsible and direct responsibilities directly responsible personnel; and criminal responsibility is held in accordance with the law.

Chapter V

Article 40