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Inner Mongolia Agricultural Machinery Accident Treatment

Original Language Title: 内蒙古自治区农牧业机械事故处理办法

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Treatment of mechanical accidents in the Autonomous Region of Mongolia

(The first ordinary meeting of the Government of the People's Party of the Mongolian Self-Government, held on 6 January 2010, considered the publication of the Government Order No. 170 of the Mongolian Self-Autonomous Region, effective 1 April 2010)

Article 1 establishes this approach in the light of the provisions of relevant laws, regulations and regulations, such as the Agricultural Machinery Safety Monitoring Regulation, the Institutional Mechanization of Agriculture in the Self-Government Zone.

Article II refers to machinery, equipment for activities such as livestock production and the processing of products.

This approach refers to incidents of loss of life and property caused by agricultural machinery in the course of operations or transfers.

Article 3. Determination and conciliation of the liability for analyst accident in the administrative region of the self-government shall apply.

Article IV defines and conciliate the responsibility of agricultural accidents in the current administrative region by the authorities of the majority of the people of the flagland. Specific work is carried out by the machinery of the agricultural pastoral industry of which it belongs (hereinafter referred to as the agricultural institution).

Traffic accidents on the road by agricultural machinery are dealt with by the transport management of the public security authorities in accordance with road safety laws, regulations, regulations, accidents that have occurred in the course of the passage of the trailers outside the roads, and the traffic management of the public security authorities have been reported, taking into account road traffic safety laws, regulations and regulations. Agricultural accidents caused damage to roads and their subsidiary facilities, which were dealt with by transport authorities in accordance with road law, regulations.

Article 5 Governments of more people at the flag district level should strengthen their leadership in the handling of farmer accidents, improve the machinery and safety monitoring system for agricultural pastoral industries, guarantee the requirements for the processing of farmer accidents and establish the responsibility for the safe production of machinery in the agricultural pastoral industry.

Article 6. Governments and relevant sectors of the population at the flag district level should strengthen awareness education on the safety of machinery, regulations, standards and knowledge in the agricultural pastoral industry.

Agricultural pastoral production organizations, farmers' machinery owners should provide safe access to agricultural machinery and associated personnel and enhance their safety awareness.

Article 7. Self-governing zones encourage agricultural machinery operators to participate in vocational skills training and to establish safe mutual legal assistance organizations in accordance with the law, and to increase the level of the operation of machinery in the agricultural pastoral industry.

Prior to the operation of the machinery of the agricultural pastoral industry, a safety test should be carried out for the machinery of the pastoral industry; in the course of the operation, it should be in compliance with the safety operation established by the Department of State Agricultural Machinery and the authorities of the self-government farming industry.

Article 9. Determination and conciliation of the responsibility of a farmer accident should uphold the principle of man-centred and lawfulness, openness, justice, the private and efficient functioning.

In accordance with article 10, the physical injury or loss of property caused by a farmer accident is divided into four categories:

(i) A small farmer accident, which means causing a minor injury of between 1 and 2 persons or a loss of property in a farmer of less than 1,000 dollars;

(ii) General farmer accidents, which means causing heavy injury of 1 to 2 or 3 to 9 minor injuries or loss of property, or a farmer accident of more than 1000 dollars;

(iii) Major farmer accidents, which refer to the deaths of 1 to 2 people, or the heavy injury of 3 to 9 persons, or the injury of more than 10 people, or the loss of property to more than 40,000 farmers;

(iv) Special large-scale farmer accidents, which refer to the loss of more than three people or to the accidents of more than 10 large-hurt farmers.

Agricultural accidents constitute a safety accident and should be investigated and held accountable in accordance with the relevant laws, administrative regulations.

Article 11. Insurer accidents outside the roads, operators and other persons on the ground should immediately cease operations or stop the transfer of agricultural machinery, protect the site, cause human injury, and report to the accident's landlord bodies; cause the death of persons, and report to the public safety authorities of the accident. Immediate measures should be taken to rescue wounded. The location should be indicated as a result of changes in the number of wounded.

The reported agricultural machineries and public security authorities should immediately be sent to the site to conduct a survey, inspection, collect evidence, organize the rescue of wounded and restore normal production order as soon as possible.

Article 12. The survey of farmer accidents by farmers' accident dealers should take photographs of farmer accidents, maps of farmer accident sites and produce site surveys.

A farmer accident site map and an on-site survey warrant shall be signed by a person, party or witness participating in the survey. The parties, the witness's refusal to sign or fail to sign, and the absence of witnesses should be recorded.

In the event of major, special-scale farmers accidents, the agricultural institutions should report immediately to the upper-level agro-industries and the Government of the same-level people, and should also be reported on a case-by-step basis in accordance with the relevant laws, regulations.

Article 14. When farmers deal with accidents, they should be seen as a sign of uniformity, present administrative law enforcement documents, civilized law enforcement and receive public scrutiny. Afare accident survey vehicle should be mapd in the vehicle spray.

Article 15 Economies dealers found that the parties had drinked or used mental medicines, and the suspicions of narcotic drugs, in accordance with the relevant laws, regulations and regulations, and that the qualification body should be entrusted with the examination of the parties and inform the parties in writing of the findings.

Article 16 Deaths caused by analyst accident should be confirmed by first aid, medical personnel, and by medical agencies. The body should be stored in the burial service unit or in medical institutions with the conditions for the storage of the body.

Article 17, Including analyst accident, the parties did not submit their reports in a timely manner, requesting the processing of the agro-industries, and the decision to be admissible within three working days. After verification of the facts of a farmer accident, the institution of a farmer shall be admissible and informed of the parties; the verification cannot prove the existence of a farmer accident or that it is outside the jurisdiction of the agricultural institution, the parties should be informed in writing and justified.

Article 18 Determination and conciliation of the responsibility for an accident by a farmer is governed by an accidental farming institution. Jurisdictional disputes are governed by a common parentaging body. Prior to the designation of the jurisdiction, the first instance, or the first-commissioned agro-industries should seek assistance from the injured person and conduct an on-site processing period.

Article 19 is one of the following cases in which a farmer accident is processed and should be avoided and the parties have the right to apply for the avoidance of:

(i) Near relatives of the owner or party, agent;

(ii) Relations with farmers' accidents;

(iii) Other relationships with farmers' accident parties may affect the fair treatment of agricultural accidents.

Article 20 requests for evasion by the owner of a farmer accident should indicate the grounds that were made prior to the identification of a farmer accident. A request for evasion from the parties by the agro-industries should be made within three working days of the request. The evasion of farmer dealers should be decided by the heads of agricultural institutions; the evade of the heads of agricultural institutions should be determined by the authorities of the livestock industry at the flag level.

Until a decision was taken on the evasion of farmers' accident workers, the farmers' accident dealers could not stop the handling of farmer accidents.

Article 21 shall determine the responsibility of the parties, in accordance with the role of the parties in the accident and the gravity of the error.

(i) The owner bears full responsibility as a result of the fault of the party;

(ii) As a result of the fault of two or more parties leading to an accident on the farmer, the primary responsibility, equal responsibility and secondary responsibility are assumed in accordance with the role of the parties in the accident and the gravity of the error.

Article 22 states that a farmer accident has the following conditions, and its responsibility is determined in accordance with the following provisions:

(i) The duty of a farmer accident cannot be determined by the parties to flee forever or destroy, forfeiture, concealment, destruction and damage;

(ii) A party has a conditionless report, or has not been submitted in a timely manner, resulting in the inadmissibility of the responsibility for an accident on the part of the farmer and the full responsibility of the party;

(iii) The parties have the conditions for the reporting period, either in the absence of a report or in the absence of a timely report, resulting in the inability to determine the responsibility for the accident of a farmer and the equal responsibility of the parties;

(iv) A person who undergoes the driving and operation of agricultural machinery and, under the guidance of the instructor, driver, operation of agricultural machinery and accident of a farmer, who should have primary responsibility or full responsibility;

(v) To condon and compel others to erode and operate agricultural machine accidents;

(vi) Forced, smoking and accompanying agricultural machinery, causing their own casualties, with the full responsibility of the smoking, cigaretteers.

Article 23 provides for an on-site survey, inspection of analytic accident, and the role of the agro-industry institutions in the conduct of a farmer accident, the inspection and the conduct of the parties, as well as the degree of error, to produce, within 10 working days, a certificate for completing the identification of a farmer accident, in accordance with the provisions of the law, legislation and the present approach, as well as the procedures for the safe operation of agricultural machinery.

Agricultural pastoral machines need to be identified and the agro-industry institutions should produce farmer accident certificates within five working days from the date of receipt of the findings from the agro-industries.

Article 24: The notice of a farmer accident shall contain the basic facts, causes and responsibilities of the parties for a farmer accident and shall be sent to the parties within three working days of the date of the production of the document for the completion of a farmer accident.

In areas where ethnic minorities are assembled, the parties require the use of the common language of local peoples and the production of farmer accident identifications using local national commonly.

Article 25. The parties may make a written request for review to the upper-level agro-industries within seven working days of the date of the accident finding of delivery. A review request shall contain a review request and its grounds and main evidence.

The above-level agro-industries should follow the conclusion of the review within 30 working days of the date of receipt of the review. During the review, the parties had brought proceedings before the People's Court and had been heard by the Court, and the agricultural institutions should terminate the review.

Article 26 is disputed by the parties with respect to compensation for the damage to the farmer, and requests for mediation should be submitted in writing to the agro-industries within 10 working days from the date of receipt of the accident finding.

Article 27 has one of the following circumstances and does not apply to mediation:

(i) The parties contest the accident of a farmer;

(ii) The parties refuse to sign a declaration on the identification of analytic accident;

(iii) The parties do not agree with mediation.

Article 28 Damage mediation for agricultural accidents should be chaired by the agro-industries. The parties may entrust the agents with mediation. The author should have a letter of authorization entrusted by the author's signature or chapter. Authorizations should contain matters and competences.

Agricultural institutions should agree with the parties on the time, place and inform the parties by 3 p.m. Mediators should not be allowed to participate in mediation as a result of the time, notify farmers' institutions before 1 of the mediation and request a change in mediation time.

Article 29, Reparation for the mediation of damage to farmer accidents by agricultural institutions, is carried out in accordance with the following procedures:

(i) To communicate the rights, obligations and obligations of the parties to the incident;

(ii) To hear requests from parties;

(iii) Determine the liability of the parties for damages, based on the facts determined by the farmer accident;

(iv) To calculate the amount of damages and to determine the proportion of the parties themselves responsible;

(v) The manner and duration of reparations.

The standard of compensation for habeas corpus is implemented in accordance with the provisions of the Supreme People's Court of Explanation on the application of a number of issues of law relating to compensation for personal damages, and the cost of repair of property losses, the cost of compensatory compensation is calculated in accordance with the actual value or the assessment findings of the institution.

Article 33, mediation agreements, and agricultural institutions should produce mediation letters to the parties. The letter of mediation came into force with the signature of the parties.

The letter should contain the following:

(i) The underlying facts and losses identified in the farmer accident certificate;

(ii) Projects and amounts for damages;

(iii) The liability and proportionality of damage to the parties;

(iv) The manner and duration of reparations;

(v) Date of mediation.

Payments are generally received by the parties themselves, and the parties require the transfer of the agro-industries, which can be transmitted by the agricultural institutions and are attached to the letter of mediation.

After agreement on mediation, the parties may sue the People's Court.

In one of the following cases, the agro-industries should terminate mediation and inform the parties in writing:

(i) Failure to reach agreement on mediation;

(ii) Prosecution by a party during the period of regulation to the People's Court;

(iii) The parties of one party do not participate in mediation without justification;

(iv) The party withdrew from mediation during the mediation process.

Article 32, which has multiple accidents in the same type of farmer machinery, should be analysed by the agro-industries, identify deficiencies such as the design, manufacture, etc. of agricultural machinery, which may cause damage to the security of the person's property, should be entrusted with the identification of agricultural machinery with the corresponding qualifications and the timely processing of the relevant sectors in accordance with the identification results.

Agricultural air accident statistics should be sent regularly to the top-level agro-industries and to the same-level safety production monitoring authorities.

Article XXIII, in which the authorities of the agricultural pastoral industry or the institutions and their staff have one of the following acts, shall be administratively disposed of by law to the competent and other persons directly responsible for direct responsibility;

(i) After receipt of a report on a farmer accident, no timely measures have been taken to delay the processing of accidents;

(ii) Suspects, omissions, false reports of farmer accidents;

(iii) Other abuses in the course of the processing of a farmer accident, toys negligence and to favour private fraud.

The form of a farmer accident certificate, a letter of mediation, was developed by the self-governing Agency for Agriculture.

Article 55 of this approach is implemented effective 1 April 2010. The Government of the People of the Self-Government Zone (No. 101 of the Order of the People's Government of the Self-Autonomous Region of Mongolia) issued on 9 December 1999.