Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257701.shtml
Chengdu road freight station (farm) management
(February 24, 2010, Chengdu municipal people's Government, the 62nd Executive meeting on March 16, 2010, Chengdu municipal people's Government, the 167th release as of May 1, 2010) Chapter I General provisions
The first (objective basis)
In order to regulate road freight transport station (farm) construction and operation, and maintenance of road freight transport station () operation, carriage of goods by road (farm) production, according to the People's Republic of China regulations on road transport, the road carriage of goods and station management regulations and other related regulations and rules provides that Chengdu practice, these measures are formulated.
Article II (scope of application)
Engaged in the carriage of goods by road within the administrative area of the city (field) construction, operation and related activities governed by this approach.
Article III (glossary)
Road freight transport station in these measures (field) (hereinafter referred to as the cargo terminal) is established according to law and rely on the facilities, meet the requirements of facilities, equipment, personnel and systems, warehousing, storage, cargo, loading, unloading, weighing, information services, truck parking and maintenance functions such as reimbursement for the services provided to the public establishments.
Municipal traffic Administrative Department is responsible for the city's freight terminal management, developing the modern logistics industry development and planning; the district (City) County traffic Administrative Department in accordance with the regulations, specifically responsible for terminal management within their respective jurisdictions.
Development and reform, planning, land and building, public security, industry and commerce, taxation, price, safety, urban management and other departments according to their respective functions, supervise the Terminal according to law.
Fifth (principles of management)
Terminal development should follow the same plan, scientific layout, the principles of orderly development, service economy, the implementation of large-scale, intensive management and brand management.
Planning and construction of chapter
Sixth (planning) Terminal building, logistics, site selection should be in accordance with the development plan. In addition to the modern logistics industry development plan outside the Terminal, no unit or individual shall not build air cargo terminal.
Prohibit changes the terminal condition of land property, planning and using functions.
Seventh (station building)
Terminal construction land shall conform to the general planning of land utilization and according to procedures, in accordance with the capital construction program the reporting formalities.
Chengdu city construction projects in parallel, in accordance with the provisions of the approved programme of work, development and reform Department at the time of approval or for the record, when planning solutions reviewed by the Administrative Department shall consult the municipal traffic administrative departments.
Terminal should be commensurate with the scale of Office and business premises, information centre, warehouses, Stockyards, car parks and roads and other facilities, and set clear signs facilities shall be separated from matching living room; terminal facility set up vehicle checkpoints goods station in the ground should be hardened, naked mud should be green.
Chapter III business license
Nineth (operating conditions)
Applying for terminal operations, subject to the following conditions:
(A) planning and legal formalities;
(B) is in accordance with the provisions of article eighth operating facilities, and project completion acceptance;
(C) it has with its business to adapt to the size and settings according to the requirements of security, communications, fire control, handling and measuring equipment and facilities;
(D) has the scale, type suitable for managers and professional and technical personnel;
(E) have a sound business practice and safety management systems.
Applying for terminal operations, shall provide the following documents:
(A) the road freight station (field) application form for business;
(B) the owner identification, Attn proof of identity and the power of Attorney;
(C) the operating terminal land, house ownership certificates;
(D) freight station facilities, supporting the living rooms of completion inspection certificate;
(E) compatible with the business professional certificate in management and professional and technical personnel;
(F) operational procedures and safety production management system of text.
11th (Licensing) Applying for terminal operations, shall be to the district (City) County traffic Administrative Department in charge of the application and providing the article tenth of the application materials. Traffic administrative departments shall, in accordance with the traffic regulations on the procedures for the implementation of administrative licensing on terminal management applications to be processed.
Traffic terminal operating application to be accepted by the Administrative Department shall be effective as of the date of acceptance within 15th approval or disapproval of the decision. Traffic administrative departments to comply with the statutory conditions of the cargo terminal business apply for a decision on approving an administrative license is made, shall be issued by the road freight station (field) book of business licensing, indicating the license matters; and the 10th within the road transport operators permit issued to the licensee, indicating the operating range.
Air cargo terminal operators shall take the road transport business license registration formalities according to law.
12th (change records)
Change of air cargo terminal operators, such as name, address, shall be submitted to the original licensing decision traffic administrative departments.
13th (operation termination)
The cargo terminal operator terminates its operation, shall be notified in writing by termination of 30th traffic administrative departments in making the original licensing decision, and the relevant cancellation procedures.
Air cargo terminal operators are encouraged to enter the city of the city development planning of regional modern logistics construction and operation. Before the implementation of these measures has been made in terminal operating license but the loss or partial loss of the People's Republic of China regulations on road transport, and the operating conditions of the cargo terminals as provided herein, the traffic Administrative Department shall order the rectification.
Rectification is still unable to meet the prescribed operating conditions of the cargo terminal, made the traffic Administrative Department of the original licensing decisions revoked its freight station license.
The fourth chapter management
15th (first payment responsibility)
Air cargo terminal operators should push into the station management industry door specifications, legitimacy, integrity and security of the business. Air cargo terminal operators advance reimbursement system should be developed and made public.
Due to pit operating losses caused the shipper of the management industry door, advance payment liability of terminal operators.
16th (encouraging insurance)
The city's air cargo terminal operators are encouraged to cover related business practices and reduce business risk.
17th (operator requirements)
Air cargo terminal operator shall operate in accordance with license approved by the licensing shall not change the Terminal application and service functions.
Air cargo terminal operators should be fair to pit management industry door, shall refuse without good reason business owners stop engaging in business activities, may not permit procedure does not complete the business operators and vehicle stop operating. Air cargo terminal operators should follow the traffic administrative departments under the State Council's business practice for loading and unloading, storage, storage of the goods.
In addition to the storage of dangerous goods set up outside the venue, air cargo terminal operators shall not be allowed to stand in the management industry door storage, packing, handling, loading and unloading of dangerous goods, no dangerous goods vehicles inbound.
18th (personnel management)
Air cargo terminal operators should regularly educate practitioners about safe production and civilized operation, quality service, and establish and perfect evaluation system in China and evaluation submitted to the district (City) County traffic administrative departments.
19th (contract administration)
Air cargo terminal operators should be signed with the station management industry door station contract, credit management and security undertaking.
Air cargo terminal operators should be required to pit management industry door specifications, legal contracts, cargo waybills and invoice.
20th (file management)
Air cargo terminal operators after station management contracts with the station management industry door, along with management and credibility of the archives of the management industry door, master station engaged in the operation of the business and the customer's credit status, and inform the district (municipal), County traffic administrative departments to submit relevant information.
21st (dispute resolution)
Road freight transport in the cargo terminal operator shall timely mediation disputes, and record the mediation process and the results.
Air cargo terminal operators shall establish a complaint handling system, road freight transport in the processing station complaints.
22nd (safety management)
Air cargo terminal operators shall bear the freight terminal safety responsibilities.
Air cargo terminal operators shall establish and improve the responsibility system for production safety, improve work safety conditions, developing safety and public emergency plan and submitted to the district (City) County traffic administrative departments and related departments.
Freight station directors, safety-control managers and special operations personnel must obtain the appropriate safety management certificate and special operations personnel operating certificate, before you can post.
For outbound vehicles air cargo terminal operators should conduct security checks to prevent overload, overload vehicles or vehicles without security checks.
23rd (integrated management)
Air cargo terminal operators should be conscientious and work stations, fire prevention, maintaining good safety, operation, keep it in and around the city appearance and environmental sanitation.
24th (from publication)
Air cargo terminal operators shall, within their premises publication of fees and charges.
Pay-project cargo terminal, belonging to Government pricing or Government guidance prices, must be in accordance with the approved project scope and standards implementation.
25th (information management) Cargo terminal information management system must possess electronic information publishing and data exchange. Air cargo terminal operators should assist the traffic Administrative Department of freight transport market dynamic information collection and dissemination.
The specific measures shall be formulated separately by the municipal traffic administrative departments.
Supervision and administration of the fifth chapter
Competent administrative departments shall exercise supervision over air cargo terminal of traffic checks, the Terminal staff have the right to be examined to understand the situation, asked the relevant staff, check out, copy the relevant material.
Check Terminal and the related personnel shall provide or information.
27th (regulatory requirement) Traffic administrative departments according to law to check the cargo terminal, and its staff shall be not less than 2, and produce their documents, keep state secrets, business secrets and personal privacy.
Traffic Administrative Department staff and inspected the cargo terminal has a direct interest, should be avoided.
28th (quality check) Traffic administrative departments shall establish a Terminal service quality appraisal system and operation of Terminal Services on a regular basis for assessment, evaluation results should be announced to the public.
The specific measures shall be formulated separately by the municipal traffic administrative departments.
Service failed to pass the quality test Terminal, the operator shall submit results published 30th improvement plan and conduct rectification, the traffic administrative departments should publicize its rectification result.
Traffic administrative departments shall establish a complaint handling and dispute resolution mechanisms, complaints, reporting, and dispute resolution.
Traffic Administrative Department shall survey, dealing with informed complainants of the results in writing.
Air cargo terminal operators or stop business owners think that traffic administrative departments administrative violations of their legitimate rights and interests, can apply for administrative reconsideration or bring an administrative suit.
The sixth chapter legal liability
31st (liability for unlicensed)
Violation of these regulations, any of the following acts, by District (City) County traffic administrative departments shall be ordered to stop business, confiscate the illegal income and illegal income fined not more than twice times 10 times; no illegal income or the illegal income is less than 10,000 yuan, the fines of between 50,000 yuan and 20,000 yuan constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) without licensing for terminal operations, discretionally engages in air cargo terminal business;
(B) fail, forged, altered, cancelled and other road transport operators that are not valid license to engage in air cargo terminal business;
(C) beyond the license, engaged in terminal operations.
32nd (change of use liability)
Violation of these measures, changes in user and Terminal Services terminal operators, by District (City) County traffic Administrative Department of correction fails, fines of between 10,000 yuan and 30,000 Yuan; has illegally obtained, and shall confiscate the illegal income.
33rd (the legal responsibility of violation of requirements)
Violation of these measures, air cargo terminal operators have one of the following offences, by District (City) County Administrative Department for traffic rectification, it fails, and fined not more than 5000 Yuan and 20,000 Yuan:
(A) cargo terminal failure to harden the ground, naked mud is not green;
(B) supporting living rooms did not separate from the facilities as required;
(C) failure to set vehicle safety inspections of freight station.
34th (violation of management liability)
Violation of these measures, air cargo terminal operators have one of the following offences, by District (City) County Administrative Department for traffic rectification, it fails from 2000 Yuan and 10,000 yuan fine:
(A) the advance payment system has not been established;
(B) allow any formalities or incomplete business owners of inbound business;
(C) allow carrying dangerous goods vehicles into the Terminal;
(D) no security checks on outbound vehicles;
(E) failure to establish the station management industry door management and credit file or do not fill in the management industry door management and credibility of the archives;
(Vi) not developed in accordance with the relevant provisions of public emergency plan.
35th (liability for illegal cargo)
Violation of these measures, air cargo terminal operators on overrun and overload vehicles loading, release of outbound, by District (municipal), County traffic Administrative Department ordered corrective action and fines of between 10,000 yuan and 30,000 yuan.
Article 36th (other offences)
Other acts in violation of these regulations, in accordance with the provisions of the relevant laws, rules and regulations.
Traffic Administrative Department staff in violation of these regulations, any of the following circumstances shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) the provisions of these measures are not in accordance with the conditions, procedures and time limit for the implementation of administrative licensing;
(B) the participation or in disguised form of participation in the air cargo terminal business;
(C) found the violations do not promptly investigated;
(D) ask for and accept other people's property, or seeking other interests;
(E) other illegal activities.
The seventh chapter by-laws
Problems in the application of these measures by the Chengdu municipal people's Government Affairs Office is responsible for the interpretation.
39th (execution date) These measures shall take effect on May 1, 2010.
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