Shaanxi Provincial Highway Overlimit Approach

Original Language Title: 陕西省治理公路超限运输办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Shaanxi Provincial Highway overlimit approach

    (March 19, 2009 3rd meeting consideration of Shaanxi Province on March 19, 2009, 138th promulgated by the people's Government of Shaanxi Province as of May 1, 2009) directory

    Chapter I General provisions

    Chapter II comprehensive treatment

    Chapter extra heavy vehicle passing requirements

    The fourth chapter extra heavy vehicle testing

    The fifth chapter legal liability

    The sixth chapter supplementary articles

    Chapter I General provisions

    First for Highway overload and maintain roads in good condition, ensuring safe and smooth, according to the People's Republic of China Road Act, the Shaanxi Provincial Highway Management Ordinance and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Article Highway overload within the administrative area of the province and its governance procedures apply.

    Article Highway overload in these measures refers to truck more than regulations and national standards, or over traffic signs indicating the height limit, limit, limits width, limit standard cargo-carrying vehicles traveling on the highway.

    Article Highway overload control in accordance with government leadership, sector coordination, specimens of both principles.

    Fifth people's Governments above the county level shall strengthen leadership on Highway overload control, establish and improve the highway overload control targets evaluation, accountability and reward and punishment system, organize the relevant departments in accordance with the Division of responsibilities in accordance with comprehensive management.

    Sixth provincial transportation Highway administrative departments of the province work overload. Competent administrative departments of people's Governments above the county level transportation Highway overload work within their respective administrative regions, and to identify specialized bodies or persons in charge.

    Highway of its management and road transport authority responsible for Highway overload inspection work.

    Development and reform, the people's Governments above the county level industrial information, public security, industry and commerce administration, coal, land and resources, quality and technical supervision, finance, supervision, monitoring and other relevant departments shall, in accordance with their respective responsibilities, doing road work overload.

    Highway seventh people's Governments above the county level shall be overrun transport funding in the budget to protect Highway overload work effectively.

    Chapter II comprehensive treatment

    Eighth people's Governments at the county level shall organize transport, coal, land and resources administrative departments for industry and commerce, the loading units are integrated, preventing them from ultra limited load.

    Nineth Administration for industry and commerce, coal, land and resources departments should strengthen Highway coal trading enterprise, the supervision and inspection of coal storage yard, banned as illegal business enterprises and coal storage yard.

    Tenth the County (city, district) road transport authority should be established on the area of loading units registration management system.

    Administration for industry and commerce, coal, land and resources departments should provide information, assist in the administration of road transportation agency register.

    11th the County (city, district) road transport management body shall be published in the cargo unit overrun mount standard, supervisory authority name and phone.

    The County (city, district) road transport authorities can through the presence of personnel, inspection methods, supervise registered cargo units, standard vehicles to carry more than should be ordered to unload on the spot.

    12th loading unit must not be excessive loading of vehicles, loading.

    Loading units should ship site is equipped with the weighing equipment, establish and improve the freight loading registration system, and to submit relevant information to the road transport management body.

    Cargo registration shall include the vehicle number plates, vehicle axis, the range of goods total weight to, loading, cargo carriers, freight forwarders and ending dates, and so on.

    13th road transport authorities discovered illegal loading unit, shall, in accordance with management functions and powers, informed the administration of industry and commerce, coal, and other related departments of land and resources, are handled by the relevant departments in accordance with the provisions.

    Article 14th vehicles manufactured vehicle manufacturers shall conform to the national standards, and in accordance with State regulations, design code calibration technical data of the vehicle, no false calibration.

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

    Industry and information technology, industry and commerce administration, quality and technical supervision and administrative departments should strengthen the vehicle production and sales enterprises of supervision and inspection.

    15th traffic management departments of public security organs shall, in accordance with the provisions of relevant laws and regulations, issued the registration of vehicles and vehicle number plates.

    Provincial public security organs traffic management statistics to the vehicles do not meet the registration requirements and related information to industrial information technology, quality and technical supervision and other relevant administrative departments.

    16th section of this province did not meet compulsory State standards calibration or false vehicle technical data of the vehicle, shall be reported by the competent administrative Department of industry and information technology level national authorities to cancel the vehicle production company and product announcements of qualifications; sold, handled by the manufacturer recalls on their own motor vehicle violation; refusing to recall, the Department of quality and technical supervision Administration ordered the recall.

    17th no unit or individual is allowed to assemble vehicles or altering the structure, structure or features of vehicles registered.

    Industry and commerce administration, quality and technical supervision, public security organs traffic management and other relevant administrative departments and road transportation management agencies should strengthen the alteration, Assembly companies and illegal modifications, Assembly supervision and inspection of goods transport vehicles.

    18th illegal modifications, Assembly of over-limit transportation vehicle after it has been identified, by the public security organs traffic management departments dealt with according to law.

    Article 19th counties (cities, districts) Highway administrative departments at the County, Township and village roads and important entrances and node position limit high, limit wide facilities, limiting overlimit traffic.

    Chapter extra heavy vehicle passing requirements

    Article 20th freight vehicles travelling on the highway, the truck length, width, height, quality truck gross weight and axle load shall comply with the standards prescribed by the State and traffic signs indicating the height limit, limit, limits width, limit load standards.

    Disintegration of the article 21st carrier not overrun of the goods transport vehicles, required at highway speeds, the carrier shall, in accordance with the following provisions apply to the origin road management agencies to submit written:

    (A) in counties (cities) in the administrative area, the County (City) road management institutions;

    (B) the County (City), administrative regions, apply to the district municipal road management agencies;

    (C) across the city divided into districts, provinces (autonomous regions and municipalities) or FOB is a highway, and apply to the provincial Highway Administration.

    22nd carrier apply over limit transport permit shall be made to the road management agencies to provide the following information and documents:

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

    (B) the transport vehicles of the brand model, quality, quality of axial load, since the wheelbase, wheel, tire pressure, carrying loads on the total overall dimension and other relevant information;

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

    (D) the vehicle driving license and vehicle operator.

    23rd Road Management Office shall receive written replies within the carrier's applications 3rd.

    24th overload of approved vehicles, road management institutions shall, in accordance with the actual situation, to take courses and to carry out investigation, selected routes, calculate the bearing capacity of roads, bridges, developing Access and strengthening, and signing of the agreement with the carrier.

    Highway administrative departments shall, in accordance with established traffic and strengthening programme and the signing of the relevant agreement on transportation routes, bridge strengthening and reconstruction, protection of over-limit transportation vehicle driving safety.

    Road management agencies for the investigation, evaluation, reinforcement and reconstruction, measures such as escorts, as well as the cost of repairing the damaged part, borne by the carrier.

    25th road management agencies to approve over-limit transportation vehicle Highway, shall be issued by the State Department of transportation administration uniform standards of the overlimit traffic permit.

    Highway Authority specified in the certificate of the overlimit traffic routes shall not include the four Highway technical standard, substandard roads, village roads and less than three types of bridges.

    Carrier shall be determined according to the certificate of the overlimit traffic transport, route, speed, and raised the clearly marked.

    Highway authorities approve over-limit transportation vehicle Highway, shall inform the local traffic Administration Department of public security authorities at the same level.

    The fourth chapter extra heavy vehicle testing

    26th road management agencies can take fixed detection and flow inspection methods, overload detection of freight vehicles.

    Overload detection is not set in station road, road testing equipment can be used for mobile detection, control vehicle load distribution, load, bypass, avoid overloading detection.

    27th provincial Department of transportation administration overload detection should be unified planning, rational distribution, based on flow inspection needs, plan, set the unloading site.

    Set the overload test station and the site of discharge should be by vehicle after inspection, public security and other departments, the provincial Governments submitted to the provincial people's Government for approval by the Administrative Department of transportation.

    New plan set the overload detection stations and unloading sites, shall be as part of the ancillary facilities of roads, synchronization design, construction, operation and highway.

    28th overload test station construction should be in accordance with uniform standards, the construction scale, testing equipment and staffing should be commensurate with the throughput.
Article 29th overload detection and flow check weighing measuring instruments, measuring excess geometry measuring apparatus shall make verification; fails to fail to pass the test or test measuring instruments to detect data not as a basis for unloading or penalties.

    30th overload detection station should be visible from the station public overload testing station approved by authorities and monitor phone calls, overrun standard, overload detection and punishment standards.

    31st provisions had not been included in the national list of vehicle production suspension axle vehicle or test suspension axle does not have ground bearing capacity and the cars, when overrun detection, its suspension shaft not included in the total number of axes.

    Article 32nd overload testing station to overrun van testing, inspection, testing, inspection of vehicles shall be in accordance with the guide marks or command for law enforcement personnel to enter the designated area for inspection shall not be rammed through. 33rd road management on mobile inspection found extra heavy vehicle, shall not be punished on the spot.

    Inspectors shall be booted the extra heavy vehicle adjacent to the overload test stations or discharge, according to results of static analysis scales review process.

    Article 34th found extra heavy vehicle weight station, should be extra heavy vehicle weighing timely transfer of information highways and related law enforcement investigations.

    Article 35th weight section of road management agencies for exceeding limits compensation for road transport vehicles are no longer charged.

    36th transport can unload the goods vehicle exceeding limits, overload testing station shall instruct the carrier uninstalls itself; the carrier not to uninstall, uninstall overload testing station, unloading costs borne by the carrier. 37th overload testing station shall unload the goods for safekeeping and custody matters related to notify the carrier of the goods.

    Carrier shall be to unload cargo for disposal in the 7th, fails to dispose of from overload testing station in accordance with the provisions of the sale, the proceeds after deducting related expenses refund parties. Article 38th Highway administrative departments should establish information about illegal extra heavy vehicle registration system.

    Road transport management based on information about illegal extra heavy vehicle registration should be to strengthen the management of shipping companies and their drivers.

    Road transport authorities on illegal overrun record within 1 year total number of vehicles exceeding the operating 5% of road transport enterprises should publicize its violations, and processed according to the provisions of the relevant laws and regulations. 39th transportation administrative departments, public security organs traffic management departments shall establish joint overload control mechanism.

    Mob and malicious traffic, force force, threat of destruction facilities, overload personnel, activities contravening public security management, the public security organs shall be investigated and prosecuted.

    The fifth chapter legal liability

    40th article violates these rules, excessive loading, stowage of cargo units for vehicles, the County (city, district) road transport authority a rectification, and concurrently impose a fine of less than 2000 Yuan and 10,000 yuan.

    41st article violates these rules, approved standard of the goods exceeds the total mass (not static weighing error of the scale), by the highway authorities above the county level shall be ordered to correct and punish according to the following criteria:

    (A) over the approved standard 500 kg (500 kg) below, be warned;

    (B) exceed the approved standard 500 kg more than 2 tons (2 tons), between below 1000 Yuan and 200 Yuan fines;

    (C) over the approved standard 2 ton 5 ton (5 tons), between 3000 and 1000 Yuan fine;

    (D) over the approved standard 5 tons 10 tons (10 tonnes), fined a maximum of 3000 Yuan and 10,000 yuan;

    (E) over the approved standards over 10 tons, a fine of between 10,000 yuan and 30,000 yuan.

    42nd article violates these rules, overall length, overall width of goods, gross superb vehicle from Highway administrative departments above the county level shall be ordered to correct, and a fine of 500 Yuan.

    43rd article violates these rules, without permission to overload or carrier is not in accordance with the requirements of the overlimit traffic permits for the transport of, by the highway authorities above the county level shall be ordered to correct, and fined a maximum of between 5000 and 2000 Yuan.

    44th article violates these rules, other provisions of laws and regulations on punishment, from its provisions.

    45th in accordance with these regulations, individuals made more than 5000 Yuan, and more than 20,000 yuan fine decision on unit, shall inform the party concerned has the right to request a hearing.

    46th transportation Chief Executives and other staff in the management in highway work overload, negligence, malpractice, abuse, given administrative sanctions according to law; a suspected crime, transferred to the judicial authorities to investigate and punish.

    The sixth chapter supplementary articles 47th article of the rules take effect on May 1, 2009.

Related Laws