Tibet Autonomous Region, Water Traffic Safety Management

Original Language Title: 西藏自治区水上交通安全管理办法

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Tibet Autonomous Region, water traffic safety management

    (December 2, 2008 people's Government of Tibet Autonomous Region, at the 25th Executive meeting on December 25, 2008, the people's Government of Tibet Autonomous Region the 88th release come into force February 1, 2009) first to strengthen management of water traffic safety, maintain traffic order on water, protect people's lives and property safety, according to the People's Republic of China inland river transportation security regulations and the provisions of relevant laws and regulations, combined with State practice, these measures are formulated.

    Article autonomous region within the administrative area of rivers, lakes, reservoirs and other navigable waters in navigation, berthing, and operation, as well as activities related to water traffic safety, should comply with these measures.

    Article on water traffic safety management security first, prevention, convenient to the masses, according to principles of management, ensure the safety of water transportation, orderly and smooth.

    Article fourth State transportation departments of people's Governments in charge of traffic safety on the water management of the autonomous region a maritime administrative agency responsible for navigable waters water traffic safety supervision and administration.

    Safety supervision and management departments are responsible for water traffic safety guidance, coordination and supervision of work.

    Agricultural administrative department responsible for fisheries vessels and work safety supervision and management in fishery waters.

    Public security organs shall be responsible for the ferry, the dock, the ship's security management, shall investigate and handle public safety and water traffic violations, destruction of water transport facilities.

    Reservoirs, lakes, tourist attractions, parks and other regulatory agencies responsible in the waters of the waterborne traffic safety management and its departments should urge the authorities to establish a sound security management systems and emergency plans.

    Water, construction, tourism, and sports departments shall, in accordance with their respective responsibilities, coupled with good management of water traffic safety a maritime administrative agency.

    Fifth people's Governments above the county level shall, in accordance with national economic and social development plan as well as the development needs of the shipping industry, overall arrangement and rational planning, establishing and perfecting the waterborne traffic safety management responsibility system.

    Financial departments at all levels should guarantee water safety management requirements.

    Article sixth waterborne traffic safety management responsibility of people's Governments above the county level:

    (A) establishment of the level of Government water traffic safety joint conference system, develop waterborne traffic safety management measures, organization, supervision, and support for the relevant departments and units perform water traffic safety oversight and management responsibilities, coordinate the resolution of water traffic safety management in the major issue;

    (B) according to the water traffic safety laws, rules and regulations to establish and improve water traffic safety management systems, safety responsibility and accountability mechanism for security;

    (C) to develop a comprehensive emergency plan, establish and improve water safety prevention, emergency response and command system, implement the waterborne traffic safety management personnel and funding;

    (D) the waterborne traffic safety publicity and education activities in organizations;

    (E) the provisions of other laws, rules and regulations on water traffic safety management responsibilities.

    People's Governments at the county level should implement both County and township (town) or village and the ferry business unit (owner) four-level security management accountability; water traffic distress relief work and deal with the aftermath of a traffic accident on the water.

    Article seventh Township (town) people the waterborne traffic safety management responsibilities:

    (A) is responsible for the administrative area (village, town) crew of vessel owners or operators, as well as units and individuals on water traffic safety organization, coordination, to find hidden security supervising, organized security awareness, security screening activities;

    (B) establish and improve passenger ferries scheduled duties and management systems, and security managers responsible for the administration of water transport safety appraisal, assessment work;

    (C) establish the township (town) people's Government, the head of the villagers ' committees and the ship, ferry, ship or floating facility owners and operators of the safety management system;

    (D) responsible for the township (town) ship safety management of loading and unloading operations to assist the maritime administrative agency and other relevant departments to investigate Township (town) illegally transport, overloading of the ship, offences such as illegal operations;

    (E) on the docked ferry spot ships safety management;

    (Vi) assist the maritime administrative agency water traffic safety regulation.

    Article eighth of the maritime administrative agency water traffic safety management responsibilities:

    (A) advocacy, implementation of water traffic safety laws, rules and regulations;

    (B) responsible for the River, ferries, Lake, Park, reservoir, tourist attractions and other navigable waters and floating facilities for water safety supervision and management;

    (C) develop waterborne traffic safety management measures and water search and rescue contingency plan, establish and improve water traffic safety supervision and inspection system;

    (Iv) is responsible for the supervision and administration of the safety of passenger and freight transport ship, checking, guide County and township (town) people's Government for its territory non-commercial ships in waterborne traffic safety management; (E) responsible for directing rescue and relief, water traffic safety control and emergency rescue, and maritime accidents investigation.

    Major water traffic accidents reported, investigated and handled according to the relevant regulations of the State and the autonomous communities;

    (Vi) is responsible for the examination and approval of water transport, certificates issued and examined;

    (G) responsible for crew, cross training and examinations, and certificates of competency of seafarers issued by work;

    (H) the relevant instruction and supervision to establish and implement water traffic safety production and management accountability;

    (I) the laws, rules and regulations of other waterborne traffic safety management responsibilities.

    Nineth ferry and terminal managers shall perform the following duties:

    (A) enhance ferry rescue facilities, maintenance of equipment to ensure that life-saving facilities, equipment in good condition;

    (B) urge the ferry workers, passengers in the use of life jackets and other life-saving equipment;

    (C) is responsible for the ferry to sail for security checks, no ferry overload or mixed load.

    Tenth ship owners or operators are required to comply with water traffic safety laws and regulations and these rules, and perform the following duties:

    (A) establish a safety management system and security management system;

    (B) establish an internal safety oversight body, equipped with security managers;

    (C) the development of ships and other safety facilities, equipment management, maintenance, overhaul and maintenance system, improving safety conditions and labour protection measures;

    (D) supervision, inspection, security, eliminate security risks in a timely manner, reported in accordance with the provisions of water traffic safety production accidents;

    (E) the organization develop and implement a security emergency.

    11th vessels and floating facilities owners and operators shall strengthen the management of ship, crew, scheduling and use of ships, ship seaworthy, and according to the provisions of insurance and other related procedures.

    12th ships engaged in commercial shipping, you must meet the following requirements:

    (A) law inspection and registration, access to testing, registration certificate;

    (B) equipped with trained and qualified and hold the crew of inland waterway vessels certificate of competency, the service book of crew crew;

    (C) hull marked part marked security warning sign, name of ship, load lines and passenger or cargo quotas;

    (D) have sufficient fire-fighting, rescue equipment and other essential safety tool.

    13th passenger transport routes in the ship during the voyage, except there was a security failure could not be sailed, but may not ship in the Middle; due to security failures is a ship in the middle ', shall promptly notify the maritime administration.

    Article 14th agricultural production and farmers and herdsmen own ship must comply with the waterborne traffic safety management regulations, in accordance with the regulations, using ships, sailing in the sailing area approved by the maritime administrative agency, manned and cargo shall not exceed the core load number of personnel and the nuclear cargo weight.

    15th of water tourism and business-water rafting and water sports operators or organizer should be to the local maritime administrative agency for registration procedures.

    Rafting jobs, shall apply to the management of marine survey assessments of the rafting route. Article 16th crew member is subject to water traffic safety training, in which passenger ship service crews on the ships and ships carrying dangerous goods shall be subject to the appropriate training, and approved by the maritime administrative agency, passed the examination, obtain the appropriate certificate of competency or other certificates of competency.

    Without obtaining the certificate of competency or other certificates of competency shall not ship services.

    17th crew driving a ship shall comply with the following provisions:

    (A) compliance with the People's Republic of China inland river collision avoidance rules and other water traffic;

    (B) carry the inland waterway vessels or other certificates of competency of seafarers ' certificates;

    (C) ban on drink driving the ship;

    (D) prohibited under the heavy rain, heavy snow, high winds and other conditions of unseaworthiness navigation;

    (E) the prohibition in the case of passenger was not wearing a life jacket in navigation;

    (F) be prohibited from driving or malfunction of the ship does not have the security conditions;

    (VII) carrying cattle, horses, mules, donkeys and other large livestock, apart from the custodian, shall not carry other passengers.

    18th vessels and floating facilities on rivers, reservoirs within the navigation, berthing, and operation, should comply with the provisions relating to dam safety management.

    19th ferry and Terminal planning and construction shall conform to the waterway transport planning, in rivers, reservoirs and other setting terminal shall not affect its dam safety; urban planning in the region, and should comply with the overall town planning.

    The ferry, dock the county people's Governments shall, in accordance with the People's Republic of China inland river transportation safety regulations and prescribed in this way to strengthen management, and set up ferry and Pier full-time managers, sign the water safety responsibility.

    Article 20th ferry sets shall meet the following conditions:

    (A) the siting should be in flat water, deep enough, BANK stability, vision, suitable for ships to the place and away from dangerous goods production and dump;

    (B) navigation safety demonstration by ferry, set to stop crossing the water level;
(C) protect cargo, passengers safe up and down ramps, steps and other auxiliary facilities;

    (D) with the necessary life-saving equipment and specialized administrative personnel;

    (E) the large passenger ferry passengers waiting Pavilion (Studio) and other facilities.

    The establishment, removal or withdrawal of the article 21st ferry, the ferry operator or ferry is located the township (town) people's Government to apply to the people's Governments at the county level; before the people's Governments at the county level for approval, should seek the views of the maritime administrative agency.

    No unit or individual may unlawfully set, relocation or cancellation of ferries.

    22nd crew members and passengers shall comply with the code of the ferries of the State Council and the relevant safety regulations.

    23rd ferry should be in clear signs announce location of the ferry code of Fords, ' du ', name, ferry routes, ferry and approval authorities, approval date, number and owner of the ferry contact information. 24th when vessels and floating facilities, vessels and floating facility owners, operators, crew members shall formulate contingency plans in advance to take effective measures to save themselves, and quickly distress time, location, a distress situation, reasons, the assistance required to the local maritime administrative agency report, work safety supervision and management departments and local governments. The maritime administrative agency after receiving the report, shall be immediately organized rescue, and the people's Governments at the corresponding level and the higher maritime administrative agency.

    Distress after receiving the report, the people's Governments shall organize relevant departments to timely plan for relief.

    25th distress to other crew members of the ship found near vessels and floating facilities in distress, shall make every effort to rescue people, and shall report to the local maritime administration.

    Article 26th to participate in rescue operations and relief activities to rescue people and property losses should be compensated according to law.

    To participate in rescue and relief performance, outstanding units or individuals, the people's Governments above the county level shall give awards or rewards. On the 27th the maritime administrative agency shall strengthen water transport safety supervision and inspection.

    Maritime law enforcement personnel in the implementation of the inspection should be uniform, and produce their documents, no unit or individual may refuse or obstruct.

    28th people's Governments at all levels and relevant departments of the main charge, responsible person in charge and other direct liable persons, prevention of water traffic accidents occurred, and dereliction of duty, malfeasance or have the responsibility of leadership, management, in accordance with national and regional administrative accountability provisions relating to security incidents, penalties in suspected criminal, transferred to judicial organs for handling.

    29th in violation of the provisions of article tenth, warning is given by the maritime administrative agency; the circumstances are serious, the vessel owners or operators to between 5000 and 1000 Yuan fine.

    30th article violates these rules, any of the following circumstances, by the maritime administrative agency in a warning and ordered corrective action in serious cases, ship operators fined a maximum of 1000 Yuan; for personal penalty of between 200 Yuan:

    (A) ships engaged in the carriage of passengers on the ship in the middle of navigation;

    (B) agricultural production and farmers use a ship manned more than nuclear staff and nuclear load, loading the weight of the goods, or not in accordance with the regulations, scope and not approved sailing area sailing.

    31st article violates these rules, any of the following circumstances, commissioned by the maritime administrative agency or by Township (town) people's Government to order the suspension of navigation or operation are serious, fine at 200:

    (A) without the ships crew competency certificate or any other certificate of competency;

    (B) ships of drunk driving;

    (C) in rain, snow, wind sail under do not meet airworthiness criteria, such as;

    (D) in the case of passenger was not wearing a life jacket sailing;

    (E) driver does not meet the security requirements or malfunction of the ship;

    (Vi) carrying cattle, horses, mules, donkeys and other large livestock, in addition to caretaker pick up other passengers.

    32nd in violation of the provisions of article 23rd, ferry commissioned by the maritime administrative agency or location of township (town) people's Governments shall be ordered to correct serious, fined a maximum of between 500 Yuan and 200 Yuan.

    Article 33rd marine management institutions and their functionaries, malpractice, negligence, law by his entity or his upper level organs directly responsible personnel and persons responsible be given an administrative sanction; a suspected crime, transferred to judicial organs for handling.

    34th military ship and crew management, fisheries and sport, in accordance with the relevant provisions of the State. 35th these measures shall come into force on February 1, 2009.

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