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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264129.shtml

Controlling freight vehicles in Hebei province under overload

    (June 26, 2010 61st Executive meeting of Hebei province through June 30, 2010, Hebei Province [2010] the 4th release as of August 1, 2010) Chapter I General provisions

    First overload freight vehicles for governance, protect people's lives and property safety, protection of the highway right of way, maintaining the road transport market order and road safety, in accordance with the People's Republic of China highway law, the People's Republic of China Law on road traffic safety and the People's Republic of China Road transportation provisions of the Ordinance and other laws and regulations, combined with the facts of the province, these provisions are formulated.

    Article for freight wagons in the administrative region of this province illegally overloaded and related offences implementing governance (hereinafter referred to as overload), must comply with this provision.

    Article overload should insist that the Government leadership, supervision, business discipline, the principle of integrated management.

    Fourth in the administrative area of the people's Governments above the county level shall be responsible for the overload of work.

    Transportation, public security, development and reform, industry and commerce administration, quality supervision, safety production supervision and management, water resources, land and natural resources, industry and information technology, finance, price and other administrative departments shall, in accordance with the relevant provisions to fulfil responsibilities in their respective work in overload.

    Fifth people's Governments above the county level shall strengthen leadership of the overload of work, perfect overload control mechanism, implementation of overload of staff, arrangements need to overload of work requirements, overload of the lower level people's Governments and departments implement objectives and tasks of the work evaluation, accountability and reward and punishment system, ensuring effective progress of work overload.

    Article sixth of freight vehicles have one of the following to overload freight vehicles:

    (A) the gross vehicle weight of more than 55 tons of cars (not including 55 tons);

    (B) weighing more than 10 tons of single bearing (without 10 tons);

    (C) by the truck and trailer combination vehicle was pulling total weight exceed the gross vehicle weight of the trailer train;

    (D) other circumstances as identified by the relevant departments under the State Council.

    Chapter II administration of traffic

    Article seventh overload freight vehicles are not allowed to drive on the highway.

    In addition to transport heavy items really necessary to overload the disintegration of not driving road freight vehicles, road management institution shall not overload other freight carriers apply for permits.

    Eighth road management agencies, the public security traffic administrative departments in the provincial government approved the establishment of overload testing station to overload freight vehicles in governance or tipping point according to the relevant provisions of this province set up a mobile detection.

    Nineth overload when law enforcement officers working in overload, you can set the buffers of vehicles and automatic barrier devices, ensuring normal progress of work overload. Tenth overload and oversize freight vehicle should be determined by the weighing test before they can.

    Truck drivers refused to weigh testing or truck load exceeds weighing equipment calibration limits not detected by weighing equipment, calculation methods can be used recognized.

    11th overload when law enforcement personnel shall carry out supervision and inspection, of overloaded freight vehicles is found to have, shall be ordered to immediately stop and lead to overload detection flow detection or tipping point for testing.

    Weighing test results with the parties accept responsibility before legal instruments recorded after uninstalling do not match the weight of the truck, and more than the standard seen as secondary cargo consolidation. 12th overload law enforcement personnel to overload freight vehicles, shall order the responsible for the illegal uninstalls itself.

    Liability within the time stated in the no uninstalls itself should force uninstall, uninstall the costs borne by the liability. 13th road management agencies, the public security traffic Administrative Department shall seize overload and oversize freight vehicle and driver information and timely informed about road transport authority.

    Road transportation management agencies should investigate and punish. Article 14th custody of units or departments of rural highway, rural roads and important entrances as well as node location setting height limits, limiting wide facilities, sets the safety warning symbol.

    Setting height limits on the County Road, limiting wide facilities shall be approved by the people's Governments at the county level. Gross vehicle weight of more than 55 tons of 15th on the car (not up to 55 tons) or truck gross weight exceeds the standard 100% overload and oversize freight vehicle toll road, you can use weight system, adding the corresponding fees.

    Fees approved by the provincial executive.

    16th no unit or individual may for any reason or a way to block, reject overload overload check by law enforcement personnel, not malicious traffic, forcibly recruit overload, destruction of facilities, threat of law enforcement personnel.

    To refuse the inspection, vehicle traffic, traffic, overload by law enforcement officers to force the vehicle to leave or to overload detection stations, mobile detection unloading points detection, related costs borne by the liability.

    17th overload law enforcement officials shall not commit any of the following acts:

    (A) without administrative qualifications and overload on the road law enforcement work;

    (B) fines, fees, and uninstall are not implemented, release the vehicle;

    (C) the fine, pay for themselves;

    (D) find overload freight vehicles is not investigated. Any units and individuals have the right to violate the provisions of the preceding paragraph overload to the road transport law enforcement personnel management agencies, road management agencies, the public security traffic administrative department or the supervisory organs, government departments such as the legal complaints, reported.

    Complaints and reporting Department and the duties of timely verification and dealt with according to law.

    Chapter management

    18th article in aggregate, coal, steel, iron, cement, dangerous chemicals, such as the production and operation of enterprises and port operation, railway stations, road goods transport stations, and others involved in loading, loading of road freight transport operators (hereinafter referred to as source of freight units) must comply with the following provisions:

    (A) clear the overload of relevant practitioners work responsibilities, establish and implement accountability systems;

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

    (C) according to the requirements of the road transport administration bodies, registered freight vehicle, driver and cargo information, and submit the results in a timely manner;

    (D) equipped with loading, stowage weight facilities, equipment;

    (E) accept overload supervision and inspection of law enforcement personnel, and provide the relevant information and data.

    19th source freight unit shall not be any of the following acts:

    (A) the loading, stowage of goods not according to stipulations, release the overloaded vehicles;

    (B) no number plates or driving permits, road transport permits cargo vehicle, equipped with cargo;

    (C) in order to arbitrarily change the registered structure, structure or characteristics of the freight vehicle, equipped with cargo;

    (D) did not show any license, qualification certificate, personnel transportation vehicle, equipped with loading objects;

    (E) to overload freight vehicles to provide false testimony.

    20th district of city, County (city, district) people's Governments shall be lawful source of freight units to the public, subject to public supervision.

    Source freight unit that is not an administrative license according to law shall not be engaged in the loading and stowage of goods production and business activities.

    21st road transport management body should oversee overloaded cargo sources published standards, telling the oversight bodies and monitor phone calls, through inspections, presence of freight source units monitor to stop illegal overload.

    22nd source freight units of production and operation of administrative departments and administrative licensing sector of road freight transportation management agencies of corruption should be assisted, on the transfer of cases to investigate and punish, and transfer of the investigation results in a timely manner a copy the amount of bodies.

    Article 23rd cargo operators in China should strengthen vehicle safety training learning and loading, stowage according to law, ensure the safety of road transport.

    Freight operators shall not hire truck driver with no qualification.

    24th freight vehicle drivers shall produce to the cargo source unit travel card, road transport certificates, driver's licenses and qualification.

    Truck drivers may not drive overload and oversize freight vehicles.

    25th freight vehicles produced or converted enterprises shall state the vehicle manufacturer and product announcements in the announcements of the company product range and production parameters and strengthen compliance management, prohibit false calibration.

    Vehicle production and sales Enterprise shall sell no vehicles that meet the national mandatory standards.

    Public security traffic Administrative Department must not be a violation of the provisions of the preceding two paragraphs, modification of freight vehicles registration, issuance of license plates and driving license.

    26th article of any units and individuals are not allowed to change the structure of freight vehicles registered, structure or features.

    Without changing the structure, structure or features of the registered vehicle, prohibits driving on the highway. 27th road transportation management agencies, the public security traffic Administrative Department uncovered the unauthorized change of the registered structure, composition or characteristics of freight vehicles, on vehicle production, should be refitted enterprise communications industry and information technology, quality and technical supervision departments to investigate and punish.

    Investigation Department should be investigated and dealt with promptly a copy of Administration for industry and Commerce and communications units.

    The fourth chapter legal liability

    28th road transport management, road management agencies, the public security traffic administrative department or other relevant staff of any of the following acts, disciplined by their work units or by the supervisory authority constitutes a crime, criminal responsibility shall be investigated according to law.

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

    (B) release of the contravention or overloaded vehicles only fines, fees, uninstall is not enforced;

    (C) fines, fees or fines, pay for themselves;

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

    (E) transfer to the relevant departments or informed of 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 functions as well as abuse of power, favoritism, negligent behavior. Administrative law enforcement personnel staff is provided for in the preceding paragraph, by government institutions according to the seriousness of the legal system, temporary suspension or revocation of certificate of administrative law enforcement in accordance with law, administrative law enforcement qualifications and post training for its recommendation the unit or away from law enforcement positions.

    Without law enforcement qualifications overload enforcement on the road, in addition ordered to stop the activities of law enforcement, be investigated for responsibility of the departments and units concerned.

    29th article in violation of the provisions of article 18th, by road transport authority ordered to rectify, it fails, and fined not more than between 2000 and 1000 Yuan.

    30th in violation of the provisions of article 19th, the road transport authority shall order rectification, and per liangci than 1000 Yuan fine.

    Hazardous chemicals transportation source loading and stowage of hazardous chemicals in violation of the provisions of article 19th second item, third item, by the road transport authority transferred to the production safety supervision and management departments, the production safety supervision and Administration Department shall order rectification, and 10,000 yuan fine per liangci.

    31st article violates provisions of the second paragraph of this article 20th, from production and operation of administrative licensing, and other relevant departments shall be banned.

    32nd breach of provisions of the second paragraph of this article 23rd, by road transport management agency ordered corrective action, and to a fine of up to 500 Yuan more than 1000; causing serious consequences, for cargo operators ordered ordered to stop until the road transport operators permit revoked. Article 33rd in violation of the provisions of the second paragraph of article 24th, the public security traffic Administrative Department of administrative penalty according to law.

    Road transportation management agencies to overload within one year more than three times (three times) vehicle or driver, the road transport licence revoked by the issuing authority or qualification.

    34th article violates provisions of the first paragraph of this article 25th by the industry and information technology administrative department level reported to the national authorities to cancel the vehicle production company and product announcements of qualifications; sold, recalled by the illegal production of freight vehicles and refit enterprise itself; refusing to recall, the Department of quality and technical supervision Administration ordered the recall.

    Violation of the provisions of the second paragraph of this article 25th, by the Administrative Department for industry and Commerce investigated according to law.

    35th in violation of provisions of the first paragraph of this article 26th, by the industry and commerce administration, quality and technical supervision, public security and traffic management, and other relevant departments to investigate and punish.

    Violation of the provisions of the second paragraph of this article 26th by the public security traffic management, road transport management bodies administrative penalty according to law, and ordered the illegal responsibility for deadlines according to national standards for mandatory restitution; it fails to force restitution, the costs borne by the liability. 36th article violates this provision of overloaded freight vehicles travel the road, managed by the Highways Agency in accordance with the People's Republic of China provisions of the highway code, responsibility for illegal people to administrative penalties.

    Where any of the following circumstances shall be heavier punishment within the range prescribed by law:

    (A) the gross vehicle weight of more than 55 tons of cars (not including 55 tons);

    (B) truck gross weight exceeds the standard 100%;

    (C) investigate the goods to the second Assembly;

    (D) obstruct or refuse the inspection. 37th people's Governments above the county level shall organize serious overload of responsibility to check the vehicle.

    Check source loading, stowage of cargo units, vehicles, vehicle production or modification enterprise belongs, via overload detection/flow overload detect unloading point and other entities or individuals.

    Responsibility of enterprises or individuals involved in the search, by their administrative departments hold legal representatives and persons responsible involved administrative organs and their staff, monitored by higher administrative authorities or organs for responsibility of the persons concerned involved implementation of the responsibility system for administrative law enforcement, legal institutions of accountability by the Government constitutes a crime, criminal responsibility shall be investigated according to law.

    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 Public Security Administration Punishment Act shall be investigated and dealt with in a timely manner constitutes a crime, criminal responsibility shall be investigated according to law.

    39th article on rule Super responsibility not implementation, perform duties not seriously, super limited overload vehicles no get effective control, especially for super limited overload led to major security accident of set district of city, and County (city, and district) Government, and about sector of administrative led, by superior administrative organ for informed criticism, be administrative asked accountability; on directly is responsible for of competent personnel and directly responsibility personnel give disposition; constitute crime of, law held criminal.

    The fifth chapter by-laws 40th article of the regulations come into force on August 1, 2010.