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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257711.shtml

Inner Mongolia agricultural machinery accident treatment (January 6, 2010 Executive meeting of the people's Government of Inner Mongolia autonomous region, 1th review by February 1, 2010, people's Government of Inner Mongolia autonomous region, the 170th release come into force on April 1, 2010) first in order to regulate agricultural machinery accidents, maintenance of agricultural machinery safety in order to protect legitimate rights and interests of the parties, according to the agricultural machinery safety supervision and management regulations, the Inner Mongolia autonomous region, the agricultural mechanization promotion regulations and other provisions of the relevant laws, regulations,

    Combined with State practice, these measures are formulated.

    The second agricultural machinery in these measures, is used for agriculture and animal husbandry activities related to production and primary processing of products such as machinery and equipment.

    Agricultural machinery accidents in these measures (hereinafter referred to as farm machinery accidents), refers to the agricultural machinery in operation or transfer of events cause personal injury, death, property damage in the process.

    Article autonomous region within the administrative area of the farm machinery accident responsibility determination and mediation, procedures apply. Article fourth flag of competent authorities responsible for the administration of the people's Governments above the county level agricultural mechanization of farm machinery accidents in identification and mediation.

    Specific agricultural machinery supervision work by their respective institutions (hereinafter referred to as agricultural machinery supervision institutions). Agricultural machinery in traffic accidents on the roads, traffic management by public security organs in accordance with the road traffic safety laws and regulations; road tractor traffic accidents that occurred, the public security organs traffic management Department received a report with reference to road traffic safety laws and regulations.

    Damage to roads caused by farm machinery accidents and its subsidiary facilities, by the Department of transport in accordance with the treatment of highway law and regulations.

    Fifth people's Governments above the county level shall strengthen leadership on farm machinery accidents, improvement of agricultural machinery safety supervision and management system, work requirements for guaranteed farm machinery accidents, establishing and perfecting the agricultural machinery safe production responsibility system.

    Article sixth flag above the county level people's Governments and relevant departments should strengthen agricultural machinery safety laws, regulations, standards and knowledge of public education.

    Agricultural production and operation organizations and agricultural machinery agricultural machinery operation should be for all officers and staff the agricultural machinery safety education, enhance their safety awareness.

    Article seventh autonomous region encouraged agricultural machine operators to participate in vocational skills training and set up mutual aid organizations according to law, improve the level of safety of agricultural machinery operation.

    Before the eighth agricultural machinery operator jobs, agricultural machinery should be safety inspection; operations, shall comply with Department of State agricultural mechanization Department and mechanization of agriculture and animal husbandry Department of the people's Government of the autonomous region of the safety rules.

    Nineth farm machinery accident responsibility determination and mediation process should adhere to people-oriented and in accordance with law, the principle of open, fair, accessible and efficient.

    Article tenth agricultural accidents causing personal injury or damage to property, agricultural machinery accident divided into the following four categories:

    (A) minor agricultural accident refers to leaving 1 to 2 people sustained minor injuries or property loss of less than 1000 Yuan farm machinery accidents;

    (B) General farm machinery accidents, refers to 1 to 2 people were seriously injured, or 3 to 9 persons sustained minor injuries, or property damage in agricultural accidents less than 1000 Yuan and 40,000 yuan;

    (C) the major farm machinery accidents, refers to the resulting in 1 to 2 deaths, or 3 to 9 were seriously injured, or if more than 10 people were slightly injured, or property damage of more than 40,000 yuan farm machinery accidents;

    (D) extra farm machinery accidents, refers to caused the death of more than 3 people, or more than 10 seriously injured farm machinery accidents.

    Farm machinery accidents constitute a production safety accident, shall, in accordance with relevant laws and administrative regulations of investigation and accountability. Farm machinery outside the 11th in road accidents, operations personnel, and other personnel shall immediately stop work or stop the transfer of agricultural machinery, to preserve the site, causing personal injury, shall report to the agricultural machinery supervision bodies of the accident causing death should also report to the public security organ in the accident. Causing bodily harm, should take immediate measures to rescue the injured.

    Due to change in rescuing the injured, shall be indicated.

    Received a report of agricultural machinery supervision agencies and the public security organs shall be immediately sent to the scene to conduct an inquest or examination, gathering evidence and organize the rescue of the wounded, restore normal production order as soon as possible.

    12th survey of farm machinery accidents handlers agricultural scene, filmed images of farm machinery accidents information, farm machinery accident scene mapping and production site survey record. Farm machinery accident site map and site inspection record shall be involved in the investigation of farm machinery accidents, parties or witnesses signature.

    Party refuses to sign or cannot be signed without a witness, and witnesses shall be recorded.

    13th major, King farm machinery accidents, agricultural Commissioner after the Agency received a report, should move immediately up-level agricultural machinery supervision agencies and the people's Government at the report of large farm machinery accidents, should also be in accordance with the provisions of relevant laws and regulations of the escalation. 14th farm machinery accidents handlers to deal with farm machinery accidents, should wear a uniform logo, produce a certificate of administrative law enforcement, enforcement, and accept supervision by the masses.

    Farm machinery accident investigation identified vehicles should be unified in the body spray.

    15th farm machinery accidents found that the parties had drink alcoholic beverages or take State control of suspected psychotropic drugs, narcotic drugs, should be in accordance with the provisions of relevant laws and regulations, entrust inspection qualification bodies to make inspection, and inspection findings inform the parties in writing. 16th agricultural accidents causing death, should be confirmed by the medical staff in first aid, and death certificates issued by medical institutions.

    Body shall be deposited in a funeral service or body storage conditions for medical institutions. Article 17th farm machinery accidents occur, parties have not reported in a timely manner, and requests agricultural machinery supervision bodies, agricultural Commissioner shall, within 3 working days to make admissibility decisions.

    Agricultural machinery accident verified facts exist, agricultural machinery supervision agency shall accept, and shall inform the parties; check is unable to prove that farm machinery accidents facts exist, or does not belong to the agricultural machinery supervision authority, and shall inform the parties in writing and state the reasons. Article 18th farm machinery accidents identified and settled by agricultural machinery supervision authority where the incident occurred. Dispute over jurisdiction, jurisdiction specified by the common agricultural machinery supervision bodies at a higher level.

    Before the designated jurisdiction, the first discovery or first received a report of agricultural machinery supervision Office shall rescue the injured on site pre-treatment.

    19th farm machinery to deal with any of the following circumstances shall withdraw, the parties have the right to apply for withdrawal:

    (A) machinery accident parties or a party or agent of close relatives;

    (B) interest on farm machinery;

    (C) the parties have other relationships with farm machinery accident, which may affect the fair for agricultural machinery accident. Article 20th farm machinery accidents Parties applying for withdrawal shall state the reasons, farm machinery accident report made suggestions. Agricultural machinery supervision bodies of the parties a request for withdrawal shall, within 3 working days of the application for a decision.

    Accident handling of farm machinery to avoid should be decided by the head of the agricultural Commissioner; head of the agricultural Commissioner avoided, it should be by the people's Governments above the county level agricultural mechanization Department.

    Avoidance of farm machinery accidents staff before making a decision, farm machinery accidents cannot be allowed to stop dealing with farm machinery accident.

    Acts of the parties should be in the 21st agricultural Commissioner for farm machinery accidents and the severity of the fault, to determine a party's liability:

    (A) the farm machinery accidents caused by any fault of the party, take full responsibility for that party;

    (B) two or more parties for both parties at fault result in agricultural accidents and farm machinery accidents occur according to the acts of the parties plays a role, as well as the severity of the fault, respectively, bear the primary responsibility, the same responsibilities and secondary responsibility.

    22nd farm machinery accidents in any of the following circumstances, its responsibilities in accordance with the following provisions:

    (A) the party escape or destruction, falsification, concealment, destruction of evidence, leading farm machinery accidents is unable to determine, solely responsible;

    (B) the parties have reported the condition but have not reported, or failing to report in a timely manner, resulting in agricultural accidents is unable to determine, take full responsibility for that party;

    (C) the conditions reported by the parties and are not reported or not reported in a timely manner, resulting in agricultural accidents is unable to determine, the parties bear equal responsibilities;

    (D) acceptance of agricultural machinery driving, training personnel, coach driving, operating under the guidance of agricultural machinery agricultural machinery accidents, all coaches should bear the main responsibility, or liability;

    (E) the connivance, forcing other driving violations, operating agricultural machinery agricultural machinery accidents, indulgent, primarily responsible for the force;

    (F) the confiscation, climbing, while agricultural machinery by own casualties, forced ride, climb, clings to take full responsibility.

    Article 23rd field inspection and examination of farm machinery accidents, agricultural machinery supervision agency shall, in accordance with inspection and examination of farm machinery accident scene and party behavior in agricultural machinery level as well as on the role of fault in the accident, in accordance with the provisions of laws and regulations and these rules, as well as agricultural machinery safety procedures, produced farm machinery accident report within 10 working days.

    Require identification of agricultural machinery, agricultural machinery supervision agency shall receive agricultural machinery identification conclusion issued by the accreditation body within 5 working days from the date of certificate of production of farm machinery accidents.

    24th agricultural accident report shall set forth the agricultural accident facts, the causes and the responsibilities of the parties, and made farm machinery accident report within 3 working days from the date served.
In areas inhabited by ethnic minorities, the parties require the use of local national General text, you should use local text of national General certificate of production of farm machinery accidents.

    25th party finds objectionable for farm machinery accidents, accident report within 7 working days from the date of service, higher agricultural machinery supervision authority a written application for review.

    An application for review shall include the review of the request and the reasons for and the main evidence. Agricultural machinery supervision authority shall accept an application for review at a higher level review within 30 working days from the date of conclusion.

    Review during the period under review, the parties initiate litigation to the people's Court and the Court, agricultural machinery supervision agency shall terminate the review.

    Article 26th on controversial agricultural accident damages, request conciliation, shall receive a certificate of the accident within 10 working days of writing applications for agricultural machinery supervision institutions.

    27th under any of the following circumstances, mediation is not suitable:

    (A) for farm machinery accidents found that objections by the parties;

    (B) when the parties have refused to sign the certificate of farm machinery accidents;

    (C) the parties do not agree to mediation. 28th farm machinery accident compensation conciliation should be presided over by the agricultural machinery supervision agencies. The parties may entrust an agent to participate in the mediation. Proxy shall be signed or sealed by the power of Attorney issued by the delegate.

    Power of attorney shall set forth the matters entrusted and the permissions. Agricultural machinery supervision agencies should work with the parties agree the time and place of mediation, and by 3rd parties in the mediation day.

    Mediation participants for any reason fails to participate in the mediation, shall notify the agricultural Commissioner in the mediation day 1st Agency, a request for a change the time.

    Article 29th conciliation machinery agricultural machinery supervision institutions accident indemnity, in accordance with the following procedure:

    (A) inform agricultural accident rights, obligations of the parties;

    (B) listen to the requests of the parties;

    (C) based on the agricultural accident report's findings of fact, to determine a party's take on liability for damage;

    (D) the amounts for the calculation of damages and determine the respective proportions of the parties;

    (E) the method and determine compensation terms.

    Criteria for compensation for personal injury in accordance with the Supreme People's Court concerning the trial of personal injury compensation cases implementation of the interpretation of provisions of the law, property the cost of repairs, reimburse costs based on the actual value or assessment agency assessment calculations. Article 30th a conciliation agreement, agricultural machinery supervision agency shall make a mediation to the parties.

    Mediation agreement signed by the parties after the entry into force.

    A conciliation statement shall contain the following contents:

    (A) report finds that the basic facts of the accident and the loss of agricultural machinery;

    (B) the project and the amount of damages;

    (C) for damages and the proportion of the parties;

    (D) the method and duration of compensation;

    (E) the date of the mediation.

    Transfer of compensation payment by the parties themselves, transmitted by the parties to claim agricultural machinery supervision agencies, agricultural machinery supervision mechanism can be transferred to, and note on the mediation.

    Mediation agreement the parties defaulting may initiate litigation to the people's Court.

    31st under any of the following circumstances, agricultural machinery supervision agency shall terminate the mediation, and notify the parties in writing:

    (A) the mediation failed to reach an agreement;

    (B) in regulation during a party to a lawsuit;

    (C) a party without a legitimate reason not to participate in mediation;

    (D) one of the parties during the mediation process to withdraw.

    Article 32nd with the kinds of agricultural machinery occurs the same types of farm machinery accidents, agricultural machinery supervision agencies should analyze the causes of accidents and found that agricultural machinery design and manufacturing defects, can cause damage to personal property security shall entrust a qualified accreditation body for identification of agricultural machinery, and according to the results reported by law promptly processed by relevant departments.

    Agricultural machinery supervision bodies shall regularly farm machinery accident statistics and illustrative material submitted levels on agricultural machinery supervision agencies and copied to production safety supervision and management departments at the same level.

    33rd people's Government above the county level agricultural mechanization Department or agricultural machinery supervision agencies and their staff to any of the following acts, one of the managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) after receipt of the farm machinery accidents reported, failing to take measures to delay treatment;

    (B) late, fail to report, lied about the farm machinery accidents;

    (C) in processing of farm machinery accidents other abuse their powers, neglect their duties, engages in behavior.

    Article 34th farm machinery accident report, the format of the mediation by the State agricultural Commissioner institutions formulate uniform. 35th these measures shall come into force on April 1, 2010. Inner Mongolia autonomous region people's Government released on December 9, 1999, the provisions on the treatment of agricultural machinery (people's Government of Inner Mongolia autonomous region, the 101th) repealed simultaneously.