Governance In Shandong Province Overrun And Overloaded Transport Method

Original Language Title: 山东省治理超限和超载运输办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257734.shtml

Governance in Shandong province overrun and overloaded transport method

    (January 22, 2010 62nd Executive meeting of Shandong province by Shandong provincial government order No. 221, released February 10, 2010 as of April 1, 2010) Chapter I General provisions

    First in order to overrun and overloaded transport and protect people's life and property safety, guarantees smooth condition, in accordance with the People's Republic of China highway code and the People's Republic of China on road traffic safety Act and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article engaged in road transport within the administrative area of the province and other related activities of the units and individuals shall abide by these measures.

    Article overlimit mentioned in these measures refers to more than laws, rules, regulations and national standards or traffic signs indicating the height limit, limit, limits width, limit load transport vehicles on the road.

    Overloading refers to the motor vehicle set out in these measures exceed the authorized load or manned more than the authorized number of behaviors.

    Fourth to control the overrun and overloaded transport should insist that the Government is responsible for, the principle of collaboration, source control and tracking.

    Fifth above the county level shall be responsible for the Organization and leadership of the governance within the administrative area overrun and overloaded transport.

    Transportation sector and public security departments above the county level people's Governments shall, in accordance with responsibilities for governance overrun and overloaded transport.

    People's Governments above the county level economy and information technology, financial, pricing, administration for industry and commerce, quality and technical supervision, safety production supervision departments shall, in accordance with their respective responsibilities, governance of overrun and overloaded transport related work. Article sixth governance overrun and overloaded transport target assessment system of rewards and punishments.

    Governance overrun and overloaded transport unit and individual achievements in the work, and by the people's Governments above the county level and their departments to award. Article seventh units and individuals have the right to report any overrun and overloaded transport offences. The departments shall promptly investigate the handling of the complaint.

    Truth of the report, the Department concerned may reward the informant.

    Reports the transport sector violations committed by law enforcement officials, the Ministry of public security and other law enforcement departments, the departments shall promptly investigate the handling of the complaint.

    Article eighth transportation sector and public security departments overrun and overloaded transport vehicles when carrying out supervision and inspection, transport operators, the occupant shall cooperate with and provide convenient.

    No unit or individual may, on any grounds for refusing or obstructing law enforcement officers over the overload transportation check.

    The second chapter of corruption

    Nineth production manufacturing of vehicles shall conform to the national standards and calibration according to national requirements and design specifications the technical data of the vehicle.

    Prohibit the marketing of vehicles do not meet national mandatory standards. Tenth public security departments shall issued the registration of vehicles and vehicle number plates.

    Does not comply with the motor vehicle safety inspection standards, road vehicle size and axle load and quality limits and the vehicle manufacturer and product announcements, vehicles, public security departments are not permitted to register and the issuance of vehicle number plates, the transport sector road transport permits shall not be issued.

    11th no unit or individual is allowed to assemble or refitted transport vehicles.

    12th stations, ports, coal mines, sand quarry, and distribution of goods as well as other places of loading of road transport operators, should be in accordance with the provisions of the vehicle load standard for vehicle loading and stowage of goods, without the excessive loading of vehicles, equipped with loading objects.

    13th motor vehicles carrying should be consistent with the approved quality, never overload; object of length, width and height must not violate the filling requirements.

    Motor vehicle passenger shall not exceed the authorized number of passenger motor vehicle must not violate the provisions of goods.

    14th station should be approved for the carriage of passengers in accordance with the vehicle's passenger limit tickets and ticket.

    Passenger shuttle shall not be provided for passenger station (), upper and lower passenger and passenger shall not exceed quota.

    15th engaged in commercial passenger transport drivers must obtain a commercial road transport driving qualifications.

    Highway one way more than 600 km, one way more than 400 km of highway passenger transportation vehicles, must be equipped with 2 or more drivers.

    Chapter III overlimit approval

    16th overload vehicles in limited standard of highways, roads and bridges or roads inside the tunnel.

    Items such as the disintegration of over-limit transportation vehicle carries is not available, shall obtain the approval of the Transport Department above the county level; effect of traffic safety, public security departments shall, in accordance with the specified time, route, speed, flying clearly marked.

    17th carrier application overload, driving range is located within the municipal area of the district, and to the departure city divided into districts shall apply to the transport sector; driving ranges across the city divided into districts shall make application to the provincial Transport Department.

    Carrier application overload, should provide the following materials:

    (A) the written application;

    (B) the name, weight, and size of the goods and the necessary overall profile;

    (C) the transport vehicles of the brand model, curb weight, axle load, wheel, loading time total overall dimension;

    (D) origin, intended for goods transport by road and transit time;

    (E) vehicles travel card. 18th transport sector accepted the carrier's application, shall, in accordance with the People's Republic of China Law on administrative licensing procedures and deadlines, and make a decision on whether to license.

    Permission is granted, the overlimit traffic permits should be issued; no permission should be made not to permit a written decision, and explain the reasons.

    Forgery, alteration, altered, leased, transferred to the certificate of over-limit transportation vehicle traffic.

    Article 19th overload any of the following circumstances shall not be approved:

    (A) quality of goods vehicle over driving permit authorized laden mass of a vehicle;

    (B) the vehicle axle-load mass exceeds standards set by the State;

    (C) vehicles of loading of the goods is long, wide, high over technical standards for highways, roads and bridges;

    (D) route after four level road, substandard roads and technical condition of less than three bridges.

    20th transport sector should be based on the facts, to extra heavy vehicle through the course to carry out investigation, selected routes, calculate the bearing capacity of roads, bridges and culverts, developing Access and strengthening, and signing of the agreement with the carrier.

    Transport sector should be based on the development of the movement and strengthening programmes and sign relevant agreements to reinforce and or rebuilding roads, bridges and other, protection of over-limit transportation vehicle driving safety.

    Carrier shall be liable for road, bridge reinforcement, alterations, such as the cost of protective measures, and to compensate the damage to the highway.

    21st overrun of the approved road transport vehicles, the model and loading conditions should be overrun with the issued certificate of transport vehicles.

    Fourth chapter of supervision and inspection

    22nd the county level transportation departments should be on the area of annual shipping capacity of more than 50,000 tons of stations, ports, coal mines, sand stone and other goods distribution to make, by the consent of the people's Governments at the corresponding level step by step report provincial Transportation Department announced.

    Released goods transport sectors should be distributed implementation of presence management focus or inspections.

    Article 23rd managers responsible for review of the presence and distribution of goods road transport vehicles operating qualifications and the qualifications of drivers, monitor cargo loading, load specification issued by the conformity of the goods vehicles loading certificate.

    Forgery, change, alter, lease, transfer specification loading certificate.

    24th transportation sector should rely on provincial government approved the setting of overload testing sites and traffic inspection station, implementation of over-limit transportation vehicle inspection, and can be overloaded transport vehicles may be rounded or short bogey implement checks on line.

    Overload detection sites and traffic inspection station by road vehicle speed can be set.

    25th goods transport vehicles should be in accordance with the guide marks or command of law enforcement staff to enter specified places for testing may not be forced through.

    26th Transport Department on the investigation and handling of over-limit transportation vehicle, except for items such as collapse of the transport is not available, a must to order the carrier to unload or load to have overrun parts of the goods, the costs borne by the transport operator; refusing to unload, should force it to remove the excess part of the goods.

    Overweight transportation vehicles does not eliminate illegal state caused road damage or refuse compensation, prohibition of driving on the highway.

    27th overrun overloaded transport vehicles need testing station and traffic inspection station provide assistance unloading or storage of cargo, shall pay the necessary fees, charge prices approved by the authorities, by province.

    Carrier shall be to unload cargo for disposal in the 15th, fails to dispose, in accordance with the relevant provisions of auction or sale, after deducting related expenses to notify the parties receive; fails to receive, and turned over to the State Treasury. 28th disintegration is not available for loading of goods, cannot be unloaded and axle-load mass does not exceed the qualifying standard and over-limit transportation vehicle without authorization, according to KMS heavy progressive fare system.

    Prices of specific charges in accordance with provincial authorities and provincial regulations of the Treasury and transportation departments.

    Goods transport vehicles by the weight of a progressive increase toll at toll booths, shall, in accordance with the prescribed speed.

    Article 29th overload testing station, traffic inspection station and highway toll station should use the standards of quality and technical supervision departments effective detection devices. Article 30th public security departments should strengthen inspection on overloading of vehicles.

    On overloaded transport vehicles, public security departments shall be detained by the driver's passenger transport overload, the costs borne by the driver of the overloaded transport vehicles or transport operators.
31st transportation sector and public security departments should establish network overrun and overloaded transport information system of governance in the province, illegal information timely registration, a copy of, and publicity, information sharing.

    Transportation sector and public security departments should be found not in conformity with the national mandatory standards of quality technical calibration vehicles, false data or installation, unauthorized modification of vehicles and other illegal information a copy of economy and information technology, industry and commerce administration, quality supervision departments, which dealt with according to law.

    The fifth chapter legal liability

    Article 32nd acts in violation of these rules, laws, regulations, penalties have been made, in accordance with its provisions; provisions of laws and regulations are not made, according to the provisions of these measures.

    33rd article violates these rules, road transport operators of places of loading vehicles above-standard loading, loading of goods, by the Transportation Department ordered corrective action, and according to each liangci than 1000 Yuan fine, but total fines of not more than 30,000 yuan.

    Illegal cargo and operate the station, by the Administrative Department for industry and commerce shall be banned.

    34th article violates these rules, cause outbound passenger transport vehicles to carry more than the fixed station, in addition to its passenger transport costs, be informed by the transportation sector, according to circumstances, or lower class of station.

    35th article violates these rules, overloaded transport vehicles models and loads of overload vehicles with the issued certificate is inconsistent, the Transportation Department order the rectification, and may be fined not more than 1000 Yuan more than 5000 Yuan.

    36th article violates these rules, forged, falsified, altered, leased, transferred the overlimit traffic card or regulating load proved, to be collected by the transportation sector, and may be fined not more than 1000 Yuan more than 5000 Yuan.

    37th article violates these rules, goods transport vehicles broke or not in accordance with the requirements to enter specified places for detection and escape scrutiny, by the Transportation Department fined not more than 5000 Yuan and 30,000 yuan.

    38th article violates these rules, trucks carrying in excess of approved quality or were not in accordance with the specified amount of time, course and speed, by the public security departments will be punished according to law.

    39th on overloaded transport vehicles, subject to punishment according to law, the transport sector can be ordered to the secondary and technical testing of vehicles.

    Introduction of goods vehicle drivers overload offence cumulative scoring system, the transport sector based on the cumulative score, can be ordered to participate in the road transport industry training or qualifications for collection of road transport certificates.

    Transport sector according to the road transport enterprise operating vehicle illegal overload records, order the rectification, lower the quality of its credit rating.

    40th passenger transport vehicles to carry more than rated crew, legally sanctions by the Ministry of public security gate driver and illegal points over rated crew more than 20% should also be handled by the transport sector in accordance with the following provisions:

    (A) exceed rated crew from 20% to 50%, stop trading for 3 months;

    (B) exceeding rated crew from 50% to 80%, stopped working 6 months;

    (C) exceeding rated crew from 80% to 100%, stopped operating 9 months;

    (D) exceeds the rated crew 100%, stop operation 1.

    Transport operators do not have the conditions of carriage of passengers, from Transport Department to cancel its operating qualification.

    41st of overrun and overloaded vehicle accidents, the public security departments shall impose penalties and rectification shall be ordered by the Transport Department transport operators, lower the quality of its credit rating.

    The driver of the motor vehicle driver's license being revoked, by the Transport Department to remove his qualifications for commercial road transport driving documents.

    42nd passenger transport operator within 1 year of operation, any of the following circumstances, reduced their operating line term of operation by the transportation sector, and in accordance with the following provisions to stop processing new, updated vehicle approval:

    (A) 1 big accident occurred six months to stop processing new, update approval of transport vehicles;

    (B) 1 major accidents or 2 big accident, 1 stop approval for added, updated, transport vehicles;

    (C) member of over rated passenger 100% passenger transport vehicles, 1 years to stop processing new, updates, vehicles approval.

    43rd article violates these rules, overloaded transport vehicles, without the weight of a progressive increase toll public roads and damage roads, the Parties shall, in accordance with compensation fees for overweight transportation vehicles travel the road be compensated.

    44th under any of the following circumstances, hamper law enforcement authorities to perform their duties activities contravening public security management by the public security departments will be punished according to law constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) assistance to the overrun or overloaded transport vehicles to avoid detection;

    (B) assistance to the overrun or overloaded transport vehicles broke;

    (C) insult, invective, beaten by law enforcement officials;

    (D) assembling a crowd to disrupt law enforcement, or to cause trouble;

    (E) other acts impede the execution of their duties.

    45th article and the relevant departments of the Government staff in the governance of overrun and overloaded transport work, abuse of power, negligence, malpractice, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 46th these measures shall come into force on April 1, 2010. November 4, 2003 issued by the people's Government of Shandong province, overcrowding and overloaded transport vehicles regulations repealed at the same time.