Shantou Water Traffic Safety Supervision And Management Regulations

Original Language Title: 汕头市水上交通安全监督管理规定

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Shantou water traffic safety supervision and management regulations

    (December 11, 2008 Government of Shantou at the 36th Executive meeting on January 3, 2009 Government of Shantou to 109th published since as of March 1, 2009) Chapter I General provisions

    First to strengthen the water traffic safety supervision and administration, maintenance of traffic order on water, protecting people's life and property security, promoting economic and social development, in accordance with the People's Republic of China maritime traffic safety law and the People's Republic of China inland river transportation safety regulations and other relevant laws and regulations, combined with the city's actual, these provisions are formulated.

    Article in Shantou, in the administrative area of water (including coastal waters and inland navigable waters) engaged in navigation, berthing and operation of water traffic safety-related activities, these provisions shall apply.

    Third Shantou Shantou city, the maritime administrative agency responsible for water safety supervision and administration.

    Transportation, ports, work safety, public security, marine and fishery administrative departments in accordance with the provisions of relevant laws and regulations, as well as their respective duties, responsible for waterborne traffic safety management.

    Fourth District (County) Government should strengthen the waterborne traffic safety management in the administrative area, establish and perfect the waterborne traffic safety management and emergency response mechanisms.

    The town (Street) people (Office) should be under the waterborne traffic safety management requires management departments or to arrange for specialized administrative personnel in charge of the town within the administrative area (streets) ship safety management.

    Article fifth Shantou maritime search and rescue authorities (hereinafter referred to as search and rescue agencies), in accordance with responsibilities responsible for organizing, directing and coordinating within the administrative area of the city ships guard against anti-tropical cyclone and the prevention of pollution from ships and maritime search and rescue work.

    Chapter II vessels, facilities, and personnel

    Sixth ship, facilities approved by the maritime administrative agency shall obtain the ship inspection certificates issued by the inspection bodies, in accordance with the registration.

    Ships, facilities should maintain a continuous state of compliance with the inspection specification provides technology and guarantees for the safety of navigation, berthing and operation.

    Article seventh vessels and installations should be in accordance with the provisions of the manning requirements are equipped with qualified crew and other personnel.

    Crew on the vessel or installation service and other employees shall be obtained in accordance with the provisions of valid certificates.

    In dangerous goods and other special operations personnel, should be qualified as a statutory special operations certificate or other appropriate certification.

    Water on passenger travel, tourism, recreation and other activities of ships, ships should be made granted passenger vessel inspection certificates issued by the inspection bodies, and equipped with the appropriate pursuant to the provisions of the communication, rescue, fire-fighting equipment and qualified crew.

    Article eighth, facilities and terminals in the storage, loading and unloading, the transport of dangerous goods, must have safe and reliable equipment and conditions, compliance with national provisions on the management and transport of dangerous goods.

    Nineth ship, facilities owners or operators should establish appropriate water safety production management system, implementing the responsibility system for production safety.

    Water on passenger travel, tourism, recreation and other activities of the owner, operator, and its competent departments or local governments signed safety management of responsibility, establishing search and rescue contingency plan with trained and qualified management personnel, regular inspections and implement safety management responsibility.

    Tenth ban boat name boat number, no ship's certificate and no port of registry of the ship and the national compulsory scrapping of ships sailing on the water, jobs.

    Prohibition of the forge, alter, fraudulently use, sale or lease, the crew of the vessels or installations the statutory certificates.

    Chapter navigation, berthing and operation

    11th ship shall, in the approved area (route) within, and to comply with the collision regulations released by the maritime administrative agency. 12th water traffic safety management in the maritime administrative agency shall, in accordance with the needs of designated ship in Shantou and published reports, establish ship reporting regulations. Ships plying between the ship reporting area shall comply with the requirements report to the maritime administrative agency.

    The maritime administrative agency after receiving the report, shall promptly inform the port administration authority.

    Sailing ship in the ship reporting area maritime administrative agency may be required to provide AIDS to navigation and marine safety information services, the maritime administrative agency shall be to provide the relevant information.

    13th ship shall maintain sufficient overdraft.

    Ships should use safe speed; when without endangering the safety of ships, should be as close as possible to the outer edge of the starboard side of the channel or fairway.

    14th ship navigation, when shifting, except for life-saving emergency cases, its subsidiary craft, suspenders, conveyor belt and ramps shall not extend outboard.

    Vessels and installations while waters stretch for him to one side of the ship's cargo handling gear shall adjust the position does not impede normal navigation of the vessel, should have good lighting at night.

    15th article outside of salvage, vessels engaged in towing operations at sea, and towing vessels and facilities shall obtain inspection issued appropriate certificates, airworthiness certificates or other valid documents. In towing, towing vessels, should be enough to guarantee security to avoid and control correct tow signals.

    Within the port or inland barge line's total length must not exceed the length prescribed by the maritime administrative agency.

    16th the following ships in pilotage area navigation or berthing, unberthing, move parking (Shun Bank except for the parallel motion between two adjacent berths) and away from the mooring point outside the pilot areas, loading and unloading stations, shall apply to the pilot to pilot:

    (A) vessels of foreign nationality;

    (B) the maritime administration, in conjunction with the port Administration Department in accordance with the regulations issued by approved and submitted to the Ministry shall apply for pilot ships;

    (C) the provisions of laws and administrative regulations should be applied for the pilot of the other ships.

    Other ships other than those stipulated in the preceding paragraph in pilotage area navigation or berthing, unberthing, move parking, based on the need to apply for the pilot.

    Article 17th pilot agencies should develop a pilot plan, and conducts pilot-pilotage. Pilot shall pilot holding a valid certificate of competency under piloting the ship. Pilots should be prescribed, and leaving the wheel or are piloting the ship, and to report to the maritime administrative agency according to the relevant provisions.

    Pilot in exceptional circumstances require a change of venue from the ship, and shall report to the maritime administrative agency in advance. 18th ships carried or towed are overweight, extra long, high and wide, submerged object must be loaded or towing 24 hours prior to sailing to be approved by the maritime administrative agency route, time, and to take the necessary security measures to protect ships carrying or towing safety.

    Ships have to escort, shall apply to the maritime administrative agency escorts.

    19th article except for for oil, and power, and water, and maintenance, and sea had connection, and ship pollutants received, job of ship outside, 500 total tons above (including 500 total tons) or carrying dangerous goods of ship shall not and by; does needed and by of, should reported maritime management institutions approved, and take corresponding of security; maritime management institutions received application Hou, should in two a days within made whether approved of decided.

    Non-dangerous goods of less than 500 gross tons of the ship and not more than two.

    20th ship shall, according to the ship's type size, tonnage, draft status, wharves, berths and the competent public anchorage parking, parking area, work area, and to report to the maritime administrative agency. Prohibition of ship channel and turning basin, no anchor zone, Hong Kong pools broke down.

    In special cases requiring emergency when, shall immediately report to the maritime administrative agency according to the provisions in showing signals, and take measures to leave in a timely manner.

    21st prohibited paths, basins and the turn-around area, zone, prohibited areas, anchorages, the recommended route (route) for aquaculture, fishing operations.

    22nd passenger ships and ferry ban on shipment of dangerous goods. Passenger and cargo ships and ro-ro ship when passengers, are not entitled to carriage of dangerous goods.

    When absolutely necessary to carry, the vessel owner or operator shall comply with the requirements to declare to the maritime administrative agency, and loads as required.

    23rd ship to oil operations, shall comply with the relevant regulations and take effective measures to prevent pollution of waters.

    24th prohibited for ships discharging pollutants in violation of regulations, waste and ship ballast water, waste and other harmful substances.

    Parked at the port or operation of ship oil residue, oily water, tank washing water containing toxic substances, waste and other pollutants should be dealt with by qualified units receive, not free emissions.

    The fourth chapter navigation safety guarantee

    25th the maritime administrative agency shall, jointly with relevant departments in accordance with the relevant laws, regulations, provisions, marine function zoning, overall planning of ports and waterborne traffic safety needs, designated, adjusting or canceling routeing area in due course, the turn-around area, zone, prohibited areas, anchorages and other traffic safety related areas, and to the public. 26th bridge crossing the River, the sea, aerial facility, underwater pipelines, tunnels, buildings shall be set in accordance with the relevant provisions, such as special signs and safety precautions in accordance with specifications.

    Need to anchor designation of restricted areas, shall be submitted to the maritime administrative agency for approval and in accordance with the regulations issued NOTAM.

    On the 27th in navigable waters, coast line setting or built on the water, underwater work on fixed installations, shore, which may affect the safety of marine navigation, berthing, and operation, should be in accordance with the standards and norms in national traffic safety, navigation safety assessment, and the required approval of the maritime administrative agency. Aquatic submarine construction jobs during the construction period should be requested by the maritime administrative agency, set a security operation zone or zone, and set the signs and display signals in accordance with the regulations, take the appropriate security measures to ensure traffic safety.

    Construction job after the objects shall not leave behind any obstacle to navigation safety.
28th fairways, navigation Management Department shall fairway, care and maintenance of AIDS to navigation, maintain the waterway, navigation in good condition to ensure unobstructed channel.

    Prohibition of vessels or installations on the buoy mooring. Navigation shall be constructed around or set up obstacles that affect their performance.

    Near buoy impede the safety of navigation lights shall be properly covered. Article 29th into the harbor channels and berths, basins should maintain sufficient depth.

    Shantou Hong Kong old port, and beads pool port and mashangang district into Hong Kong channel, and berth, and Hong Kong pool management maintenance units, and terminal business people should delegate has corresponding qualification of mapping units at least each quarter on depth measurement once; other port at least each half on depth measurement once, if Typhoon, and flood on this Hong Kong has larger effect may caused serious back silt Shi, should Yu Typhoon, and flood after 10 days within for depth measurement, and timely will measurement results written report maritime management institutions and port administration sector.

    Approaches to Hong Kong, changes in depth of berths, basins, management and maintenance unit or terminal operator shall promptly report to the maritime administrative agency and port administrations, and act accordingly when safety measures. Terminal operator shall, in accordance with article 30th waterway, dock design capability and the provision of berthing berthing width, arranged with sufficient depth, length of berths and facilities for vessel berthing.

    Half an hour before the ship berthing to take measures to ensure the quay and the turn-around area safe, and in accordance with the provisions in showing signals.

    31st are prohibited in the port, roads, waterways and shipping services centres as well as the maritime administrative agency shall impede the safety of navigation in the published route activities. Need to be prescribed in the preceding paragraph on the provisional organization for the regional water of public activities or sports, it should be examined by the maritime administrative agency.

    Maritime Administration approval shall solicit the views of the relevant departments.

    Article 32nd apart from the channel and Harbour maintenance dredging, prohibited in port waters, waterways, roads are sand mining.

    Dredging vessels should be approved for dumping dredged or approved by the maritime administration of the reclamation.

    Article 33rd vessel or installation or the stranding, sinking or floating in a navigable water, vessels, installations or the owner of, operators shall immediately report to the maritime administrative agency and channel management. Stranded real, and sank real or floating real may effect water Shang traffic order or sailing security of, its all, and business people should according to about provides set logo, and in maritime management institutions qualified of time within salvage clear; situation emergency or its all, and business people not by provides set logo, and salvage clear of, maritime management institutions should timely organization salvage clear or take other measures, guarantees navigation security, costs by its all, and business people bear; all people or business people unknown or unable to bear of,

    Cost and manpower by the Municipal Government to solve, retrieved objects processed by the municipal people's Government in accordance with law. Article 34th gets out of control, there is in danger of sinking ships, facilities, the captain and ship, facilities owners or operators shall take immediate and effective measures to leave or away from the channel.

    Left not affecting the safety of marine traffic, the maritime administrative agency has the right to impose coercive measures, the cost borne by the ship, the owner or operator of the facility.

    Article 35th retained according to law, the arrest of ships, measures should be taken to ensure security of detention, arrest and promptly informed the maritime administrative agency.

    The fifth chapter water emergency and accident handling

    Article 36th rescue institutions should develop within the administrative area of the city on maritime search and rescue, prevention of water pollution from ships, and resistance to tropical cyclone emergency and reported to the municipality for approval. Members of search and rescue agencies should organize regular exercises and drills.

    Each Member shall, in accordance with the emergency plan obligation subject to co-ordinate search and rescue agencies, organized and directed.

    37th ships, facilities, personnel, water is in distress, distress signals are in addition, of our time, shall, without delay, distress situation and the assistance required to report to the maritime administrative agency.

    Vessels and installations, persons found in distress in the water or receive distress signals, should make every effort to rescue people, and will report on the maritime administrative agency in a timely manner. Prohibition of malicious call for help on the water a private telephone or maliciously sent a distress signal. In international distress, safety and calling channels other than those set out in the call.

    False distress signals shall promptly correct, remove and immediately report to the maritime administrative agency.

    38th maritime safety authority received distress signals or report, shall immediately verify the situation and in accordance with the regulations in a timely manner to the search and rescue agencies or inland danger danger area (s) people's Government report. After marine risk reported to the search and rescue agency shall immediately start emergency response plan for maritime search and rescue (hereinafter referred to as search-and-rescue plan), organizing and coordinating the members participate in search and rescue. Units and individuals are subject to search and rescue agencies unified command.

    Distressed areas (s) people's Government received from the river after a near miss report, leadership and coordination of search and rescue work, mobilizing all forces involved in the rescue.

    39th in distress near the scene of the vessels or installations and personnel, and must comply with the unified command of the search and rescue agency, the maritime administrative agency.

    Units, ships and individuals participating in the search-and-rescue to the search and rescue agency, the maritime administrative agency reports dynamic and search-and-rescue search results.

    Without consent of the search and rescue agency, the maritime administrative agency or announced the end of search and rescue operations, and participate in search-and-rescue ships, facilities and personnel are not allowed to exit the search and rescue operations. 40th ship, facilities, accident, causing or likely to cause pollution of the waters, the maritime administrative agency has the right to take the necessary enforcement measures to avoid or reduce pollution.

    The resulting costs borne by the responsible party.

    41st water traffic accidents, vessels and installations of the owner or operator shall immediately report to the maritime administrative agency; after the accident reported to the maritime administrative agency shall, in accordance with relevant provisions of people's Governments at the same level and the higher maritime administrative agency reports, and according to prescribed procedures in the investigation process.

    The sixth chapter legal liability

    42nd article violates this provision of any of the following acts, by the maritime administrative agency shall be punished as follows:

    (A) in violation of the provisions of article 14th, ordered corrective action and refused to correct, punishable by fines of less than 1000 Yuan and 5,000 yuan.

    (B) violation of the provisions of article 19th, correction, and a fine of 1000 Yuan and 5,000 yuan fine.

    (C) violation of the provisions of article 21st, rectification, and a fine of 500 Yuan more than 2000 Yuan fine; it fails to be forced to clear, clear the charges incurred will be borne by the parties.

    (D) violation of the 37th of these rules the third paragraph shall be ordered to correct, and punishable with a penalty of 100 Yuan.

    Article 43rd unit or individual violates the present provisions in other regulations shall be administrative penalties or administrative sanctions, in accordance with the provisions of the relevant laws, regulations and rules constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 44th of the maritime administrative agency specific administrative acts, as well as relevant administrative departments may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    45th the maritime administrative agency, as well as the relevant administrative departments are not in accordance with the relevant laws, regulations, regulatory duties, supervisors and persons directly responsible shall be given administrative sanctions.

    The maritime administrative agency, as well as other relevant Administrative Department staff abuse, negligence, malpractice, monitored by units or departments shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    46th article of the provision the meaning of the term:

    (A) Inland navigable waters, refers to the maritime administrative agency finds of ships sailing in rivers, streams, lakes, reservoirs, canals and other waters.

    (B) the ship, refers to various types of drainage or drainage of ships, boats, rafts, water craft, submersibles, mobile platforms, as well as other mobile devices on the water.

    (C) facilities, refers to the use of cables or cable or other non-rigid fixation of fixed and floating or submersible in water construction and equipment.

    47th fishing port as well as the traffic safety in fishing port waters, the fisheries administration and fishing port supervision and management in accordance with law, responsible for the management of the relevant provisions of the regulations. 48th article of the regulations come into force on March 1, 2009.

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