Anhui Province On Road Transport Safety Violation Penalties And Measures

Original Language Title: 安徽省道路运输安全违法行为处罚处分办法

Read the untranslated law here: https://www.global-regulation.com/law/china/164435/.html

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Anhui Province on road transport safety violation penalties and measures (On January 5, 2009 Anhui Province Government 27th Times Executive Conference considered through on February 9, 2009 Anhui Province Government makes No. 219, announced since on April 1, 2009 up purposes) first article to strengthening road transport security management, urged road transport operators and road transport related business operators effective perform road transport security duties, prevent and reduced road transport security accident, guarantees people life and property security, according to about legal, and regulations, combined this province actual,

    These measures are formulated.

    Second approach applies to road transport safety violations within the administrative area of the province of penalties and sanctions.

    The third road transport operators and road transport related business operators shall strengthen the road transport safety management, establish and perfect the road transport safety responsibility system, improve the safety conditions of road transport, road transport safety.

    Road transport operators and road transport related business operators and their employees shall perform obligations of road transport safety.

    Fourth competent administrative departments of local people's Governments at or above the county level shall belong to the road transport authority (hereinafter referred to as road transport authorities above the county level), local people's Governments at or above the county level public security organs traffic management sector (hereinafter referred to as the public security organs above the county level Transportation Management Department) and local people's Governments at or above the county level the safety supervision and management departments, such as within the scope of their respective duties, the law on road transport safety violations, the penalty decision.

    State administrative organs in road transportation in violation of security supervision and management, directly responsible to the person in charge and other direct liable persons by the supervisory organ or the organ according to the personnel management rights of appointment and removal, shall be subject to punishment.

    Enterprises and institutions in road transport operators and road transport related business activities in violation of the direct responsible person in charge and other direct liable persons, are appointed by State administrative organs by the supervisory organ or the organ according to the personnel management rights of appointment and removal, shall be subject to punishment.

    Road transport operator article should meet the statutory safety requirements, and shall obtain the road transport road transport operators permit before they can engage in business activities.

    Road transport road transport operator without a license, without authorization, engaged in road transport operations, run by the road transport authorities above the county level shall be ordered to stop; has illegally obtained, confiscation of illegal gains, illegal income of up to 10 times more than twice times times fined no less than 20,000 yuan of illegal income or the illegal income, fines of between 30,000 yuan and 100,000 yuan. The sixth drivers engaged in road transport operators, should be consistent with the People's Republic of China regulations on road transport conditions.

    Drive does not meet the statutory conditions of road transport vehicles, by the road transport authorities above the county level shall be ordered to correct, between less than 2000 Yuan and 200 yuan in fines.

    Road transport operators does not meet the statutory conditions of the appointment staff driving of road transport vehicles, by the road transport authorities above the county level shall be ordered to correct, more than 5000 Yuan and 20,000 yuan fine. Article road transport operators, practitioners should be road transportation safety education and training to ensure that employees have the knowledge about road transport safety, familiar with the safety regulations for road transport and safety procedures, mastering the job safety skills.

    Road transportation safety education and training without qualified practitioners, not posts.

    Road transportation in China were not required to carry out road safety education and training, by the road transport authorities above the county level rectification; fails to mend, and fined not more than 5000 Yuan and 20,000 yuan.

    Eighth article engaged in road transport business of driver has following case one of of, County above police organ traffic management sector except law punishment outside, should timely to County above road transport management institutions informed about situation; County above road transport management institutions should will driver of traffic illegal situation timely to its road transport operators informed, ordered road transport operators on driver for road transport security re-education, and out post, and dismissed, processing:

    (A) driving under the influence of road transport vehicles;

    (B) 2 times over 1 year over rated crew more than 20% less 50%, exceed the authorized load more than 30% less than 100% or over rated crew 1 50% above, exceed the authorized load over 100% driving of road transport vehicles;

    (C) within 1 year total more than 2 times in excess of the prescribed speed 50% less than 100%, or more than 1 times in excess of the prescribed speed of 100% driving of road transport vehicles;

    (D) 1 traffic violations within one cycle score in more than 12 minutes, and failing to participate in road traffic safety laws and regulations and pass the exam.

    Ninth road transport operator on vehicle maintenance and inspection should be strengthened, to ensure that vehicles meet state standards; not scrap, unauthorized modifications and other vehicles engaged in road transport operators fail to comply with national regulations.

    Road transport operators not complying with the regulations of the State of maintenance and inspection of road transport vehicles, the road transport authorities above the county level shall order rectification, of up to between 5000 and 1000 Yuan fine refitted vehicles operator's vehicle had been made, ordered corrective action and more than 5000 Yuan and 20,000 yuan fine.

    Driver installation vehicles or have reached the abandoned standard vehicles engaged in road transport operators, public security organs traffic management departments at or above the county level shall be seized, forced scrap on drivers between 2000 Yuan and 200 Yuan fine and revocation of motor vehicle driver's license. Road transport operator article 6 months more than 2 times 1 times 3 or more accidents of death, be ordered by the public security organs traffic management departments at or above the county level to eliminate security risks.

    Does not eliminate unsafe vehicle prohibited on-road.

    11th road transport station (farm) the operator shall meet the statutory safety requirements, and shall obtain the road transport operators permit before they can engage in road transport station (field) and operational activities.

    Without permission, arbitrarily engaged in road transport station (field) operation, run by the road transport authorities above the county level shall be ordered to stop; has illegally obtained, confiscation of illegal gains, illegal income of up to 10 times more than twice times times fine; no illegal income or the illegal income is less than 10,000 yuan, more than 20,000 yuan to 50,000 yuan fine.

    12th road transport station (farm) for outbound traffic operators should conduct security checks, ban unlicensed from engaging in business activities to prevent overloading vehicles or vehicles without security checks.

    Road transport station (field) operators who break the rules allow unlicensed vehicles stop operating and overloaded vehicles, vehicles without security checks out of the station, the road transport authorities above the county level shall order rectification, fines of between 10,000 yuan and 30,000 yuan.

    Road freight transport station (field) operator overrun and overload road transport vehicles due to stowage, the road transport authorities above the county level shall order rectification, fines of between 10,000 yuan and 30,000 yuan in serious cases, by the road transport licensing authority shall revoke the operating permit.

    13th road transport operators and road transport station (field) operators have opened does not have the required security conditions, there are major road transport safety, the road transport authorities above the county level shall order correction within; cannot be corrected according to the request in the time allotted, by the road transport licensing authority shall revoke the license or remove the corresponding scope.

    Article 14th associated with road transport safety evaluation, certification, testing, inspection, examination and other institutions, issue false certificates, local people's Governments at or above the county level production safety supervision and Management Department or other relevant departments in accordance with the provisions of the relevant laws and regulations.

    Organizations where there are violations of the preceding paragraph, the direct responsible person in charge and other direct liable persons, are appointed by State administrative organs, should be given a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    15th road transport operators, road transport related business operators have one of the following acts, the directly responsible person in charge and other direct liable persons, are appointed by State administrative organs, give him a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) the lack of road transport operators license, permit or do not meet the safety requirements, and engaged in road transport operators and road transport related business activities;

    (B) fraud, cheating business licenses and other relevant permits for road transport;

    (C) lend, lease, transfer or using road transport business licenses and other relevant certificates;

    (D) is not in accordance with the relevant provisions to ensure the funding necessary for road transport safety, resulting in significant security risks;

    (E) relating to road transport operators permit is revoked licenses, continue to engage in business activities related to road transport operators and road transport;

    (Vi) on road transport safety accident cover-up, report deceitfully or delay the report;

    (G) to organize or participate in the destruction of the scene of the accident, issued false evidence or conceal evidence, transfer, alter, destroy, obstruct the investigation and handling of accidents;

    (H) the road transport safety after the accident, was not promptly organized rescue or absence;

    (I) the failure or incorrect decisions of the Executive responsible for the accidents, or altering the higher authorities approved by the responsible handling of the accident.

    Go into hiding after the accident on road transportation safety, expelled.

    16th road transport operators, road transport related business operators have one of the following acts, resulting in road transport safety accident occurs, the direct responsible person in charge and other direct liable persons, are appointed by State administrative organs, give him a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) there are major security risks, without taking any effective measures;

    (B) illegal command, force the driver's illegal driving of road transport vehicles;

    (C) is not in accordance with the regulations for road transport safety education and training and pass an assessment test, allowing practitioners to work, resulting in illegal operations;

    (D) exceeding the rated load carriage of passengers or goods are approved by the occupant or, refusal to implement the corrective action directive by the departments concerned;

    (V) refused to make on-site inspections of law enforcement personnel, or in check to hide accidents, do not accurately reflect the situation;

    (F) fails to perform or improper performance of road transport safety management duties.

    17th transport, public security, work safety supervision and management departments of any of the following acts, the directly responsible person in charge and other direct liable persons, give him a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) fails to comply with the statutory safety conditions of road transport operators, road transport related business operators related to road transport operators permit issued permit;

    (B) ordered corrective actions still do not meet the safety requirements of road transport operators and road transport related business operators, not revoked business licenses and other relevant permits for road transport;

    (C) on road transport safety violations found, shall be given administrative punishments without penalties or fines in lieu of other administrative punishment;

    (D) the participation in or disguised in road transport operators and road transport related business;

    (V) interfere with road transport operators and road transport related business-related administrative permission or supervision of production safety;

    (Vi) solicit or illegally accepting other people's property, or seeking other interests;

    (VII) other acts in violation of the duty of supervision and management.

    18th transport, public security, work safety supervision and management departments of any of the following acts, the directly responsible person in charge and other direct liable persons, give him a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) found significant safety problems, did not take measures in accordance with the regulations, leading to road transport accidents;

    (B) on the occurrence of false claim and skimming of road transport safety accidents, delay the report, or organizations, involved in the false claim and skimming, delay the report;

    (C) road transport safety after the accident, does not organize rescue work in a timely manner;

    (D) obstruct or interfere with road transport accident investigation;

    (E) obstruct and interfere with the accountability of responsible for the accident;

    (Vi) do not deal with decisions of the Executive responsible for the accident, or altering the higher authorities approved by the responsible handling of the accident;

    (VII) other misfeasance or malfeasance.

    19th transport, public security, work safety supervision and management departments should build on the safety of road transport law enforcement information exchange and sharing mechanism.

    Public security organs traffic management departments at or above the county level shall pilot major road transport safety accidents in a timely manner, to the local road transport management and production safety supervision and management departments.

    Road transport authorities above the county level should be approval of the new passenger lines and frequencies, a docking site, reported to the local public security organs traffic management sector.

    20th transport, public safety, serious work safety supervision and management departments of road transport safety violations, road transport accidents more road transport operators list and the processing of road transport accidents should be announced to the public in a timely manner.

    Article 21st of the units and individuals in accordance with this regulation and penalties is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Civil servants and enterprise staff appointed by State administrative organs, public institutions who is dissatisfied with a decision made in accordance with this approach, you can appeal in accordance with law.

    22nd enterprises, institutions, with the exception of personnel appointed by State administrative organs, other road transport safety violations, should be given punishment, carried out by enterprises and institutions in accordance with the measures.

    23rd road transport safety violations, suspected of a crime, and transferred to the judicial organs according to law. 24th article this way come into force on April 1, 2009.

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