Governance, Shanxi Province, Overloaded Vehicles Illegal Job Accountability Approach

Original Language Title: 山西省治理车辆非法超限超载工作责任追究办法

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(On May 26, 2008 Shanxi Province Government 10th times Executive Conference considered through on May 28, 2008 Shanxi Province Government makes No. 224, announced since on July 1, 2008 up purposes) first article to effective strengthening governance vehicles illegal super limited overload work (following referred to rule Super work), implementation levels Government and about sector in rule Super work in the of responsibility, according to People's Republic of China administrative monitored method, and administrative organ civil servants disposition Ordinance, legal regulations, developed this approach.
    Article overload management accountability within the administrative area of the province, these measures shall apply.
    Article of accountability mentioned in these measures refers to the vehicle of unlawful acts involving overload overload sites, mobile inspection teams, source of goods, vehicle production and refitting and repair establishments and other units of the retrogradation of fault liability, accountability of supervisors and regulators, responsible for failure to perform or incorrect implementation of overload job responsibilities.
    Accountability in the fourth article of the approach include: (a) the head of the people's Governments at all levels and (ii) the head of Department and (iii) commissioned by the executive authorities in discharging their management responsibilities management institutions and their heads.
    Directly responsible of the responsibility involved in the search, monitored by administrative supervision to the competent authorities in accordance with the regulations of accountability.
    Fifth overload work responsibility, adhering to seeking truth from facts, accountability and hierarchical responsibility and education with the principle of combining punishment. Sixth overload work insist that the Government exercise unified leadership, Department accountability mechanisms.
    Administrative supervisory organs at all levels are responsible for the concrete implementation of legal responsibility.
    Article people's Governments concerned departments, enterprises and institutions and their staff shall coordinate with the overload of work responsibility.
    Article eighth bear the overload functions of departments and units, uncovered illegal overloaded vehicles should check their respective entities or natural persons, through the site, loading of goods source or place of illegal modification of vehicles involved units of fault liability, extract the relevant evidence to form a report on the initial check.
    Responsibility to check the preliminary verification, should be completed within 7 working days, of the complexity of the case, subject to approval of the competent authorities may extend the 5 working days.
    Nineth overloaded vehicles illegal behavior is verified, monitored by administrative organs in accordance with the related unit of supervisors and regulators, fault liability investigations, those responsible identified, to make a decision or recommendation of supervision.
    Tenth Article traffic sector, and police organ traffic management sector not according to provides for rule Super site assigned law enforcement personnel and by urged education still not corrected of, or by assigned law enforcement personnel not as of, according to plot weight, held sector is in charge of head, and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition.
    11th article rule Super law enforcement personnel in received investigation illegal super limited overload vehicles notification Hou cannot timely in place perform duties, led has seized of illegal super limited overload vehicles escape, and survey forensics work cannot for of, according to plot weight, held sector is in charge of head, and main head of responsibility, plot more light of, give warning disposition; plot more heavy of, give demerit or remember than disposition; plot serious of, give downgraded or dismissed disposition.
    12th overload sites, mobile inspection teams, Expressway, access violations the release illegal overloaded vehicles, according to the circumstances, held mainly responsible, higher authorities or departments in charge of the head, the main responsibility of the owner of, minor, given demerit; if the heavier, given a demerit or demoted in serious cases, dismissal.
    13th article meter heavy charges station, and char out province mouth management station, and char business station, and char shipping station and Coke business station, and Coke inspection station on by said heavy confirmed vehicles illegal super limited overload not report of, or report Hou unauthorized release of, according to plot weight, held main head, and superior competent units or competent sector is in charge of head, and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition. 14th article traffic sector shipped tube institutions and mount goods source units of competent or regulatory sector not on Government publicity of Mount goods source units of mount behavior, or not on vehicles maintenance enterprise of modified behavior for effective regulatory, led illegal super limited overload vehicles, and illegal modified freight vehicles drove into highway of; traffic sector shipped tube institutions on found of freight source units super limited overload behavior should transferred competent or regulatory sector investigation and not transferred about sector of, according to plot weight, held shipped tube by main head, and
    County traffic sector is in charge of head, and main head (not set shipped tube by of County District, held city shipped tube institutions is in charge of head, and main head), and Enterprise competent or regulatory sector is in charge of head, and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition.
    15th article police organ traffic management sector not according to about provides, on not included national announcement management of freight vehicles issued registration certificate, and plate, and driving card and test qualified logo of, according to plot weight, held DMV main head, and city police detachment is in charge of head, and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition. Police organ traffic management sector not according to provides perform duties, on area within driving of illegal modified, and assembled freight vehicles not for effective investigation, on seized of illegal modified freight vehicles not law forced recovery undisturbed, on seized of assembled freight vehicles not collection of, according to plot weight, held jurisdiction regional of Police Brigade is in charge of head, and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of,
    Given a demerit or demoted.
    16th article police organ on refused check, and ran card, and block rule Super work and beat rule Super staff of behavior received alarm Hou for no reason not out police or out police not timely of, according to plot weight, held police organ out police units main head, and superior competent sector is in charge of head and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition.
    17th article Ann prison sector not on dangerous chemicals production business units not by driving card approved contains quality for Mount of behavior for effective regulatory, led overload vehicles drove into highway of, according to plot weight, held County Ann prison sector is in charge of head, and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition.
    Ann prison sector on traffic sector shipped tube institutions in implementation freight source rule Super law enforcement Shi transferred of dangerous chemicals production business units not by driving card approved contains quality for Mount of case, not by provides timely investigation of, according to plot weight, held County Ann prison sector is in charge of head, and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition. 18th article coal sector and by Government authorized of bear levels coal, and Coke transport task of organization, not on source enterprise implementation "single votes limited open, and cycling limited loaded" system implementation effective regulatory, led illegal super limited overload vehicles drove into highway of, according to plot weight, held main head, and superior competent units or competent sector is in charge of head, and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of,
    Given a demerit or demoted.
    Ministry door traffic sector shipped tube institutions in implementation freight source rule Super law enforcement Shi transferred of no coal sales votes, and not by provides issued coal sales votes of case, not by provides timely investigation of, according to plot weight, held main head, and superior competent units or competent sector is in charge of head, and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition.
    19th article industrial economic, and quality prison sector not on vehicles production enterprise production and modified vehicles of behavior for effective regulatory, led illegal modified freight vehicles factory road of, according to plot weight, held County industrial economic, and city quality prison sector is in charge of head, and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition.
    20th article quality prison sector not on motor vehicle security technology test institutions for effective regulatory, led motor vehicle security technology test institutions not by national standards test freight vehicles of, according to plot weight, held motor vehicle security technology test institutions location quality prison sector is in charge of head, and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition. 21st article business registration Qian reset license approval sector and business sector not law processing no card as business of Mount goods source, and vehicles modified, and car maintenance places of, according to plot weight, held business registration Qian reset license approval sector is in charge of head and main head, and Commerce main head, and County business sector is in charge of head and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of,
    Given a demerit or demoted.
    22nd departments of land and resources belonging to illegal land cargo sources is not dealt with according to law, according to the circumstances, held land and resources Chief, heads of County departments in charge of land and resources, the main responsibility of the owner of, minor, reprimand or be criticized; the plot of, be warned or demerit; the circumstances are serious, given a demerit or demoted.
    23rd article Province Government about sector, and units and directly under the city level institutions, City Government about sector, and units, has following case one of of, according to plot weight, held sector, and units main head, and is in charge of head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning, and demerit or remember than disposition; plot serious of, give downgraded or dismissed disposition: (a) not sound rule Super work institutions, and not distribution foot distribution align staff of;
    (Ii) rule Super work funding not included this sector, and units spending range, or will superior rule Super grants funding moved for he with of; (three) on seized of illegal super limited overload vehicles not by this approach for responsibility held of; (four) on subordinate sector, and units report of rule Super matters not take effective measures, or on hosted, and organised of rule Super matters negative meet of; (five) not perform or not right perform duties, led to this sector, and this industry vehicles illegal super limited overload behavior serious, or occurred major case, and effect bad of. 24th article city, and County Government has following case one of of, according to plot weight, held Mayor, and is in charge of Deputy Mayor, and County, and is in charge of Deputy County of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning, and demerit or remember than disposition; plot serious of, give downgraded or dismissed disposition: (a) not sound rule Super work institutions, and not distribution foot distribution align staff of; (ii) rule Super work funding not included this level financial budget spending range,
    Or will superior rule Super grants funding moved for he with of; (three) on seized of illegal super limited overload vehicles not by this approach provides for responsibility held of; (four) on traffic, and police, and land resources, and industrial economic, and business, and quality prison, and safety, and coal, bear rule Super duties of sector report of matters not take effective measures of; (five) not perform or not right perform duties, led to vehicles illegal super limited overload behavior serious, or occurred major case, and effect bad of.
    25th have any of the following circumstances, lighter or mitigated punishment: (a) cooperate with the investigation, and (b) meritorious; (c) the initiative to correct mistakes and to take timely remedial measures to effectively prevent damage expansion and (iv) other circumstances that shall be given a lighter or mitigated.
    26th article has following case one of of, from heavy or aggravated disposition: (a) interference, and hamper survey work of; (ii) directed or hinted rule Super law enforcement personnel violation rule Super provides, release super limited overload vehicles of; (three) using terms protection illegal super limited overload transport of; (four) abuse, bribes bribery, engages in, effect rule Super work of; (five) other should from heavy or aggravated of case.
    27th people's Governments at various levels, departments, enterprises and institutions and their staff refused to cooperate with the investigation and evidence gathering, according to the seriousness of, and hold principals accountable, minor, reprimand or be criticized; if the heavier, given a warning or demerit; the circumstances are serious, given a demerit or demoted.
    28th overload overload of staff working in the abuse of power, dereliction of duty or engages in a disciplinary sanction.
    29th to overload the work of accountability need to pursue discipline responsibility referred to the discipline inspection organs; violated, transferred to judicial organs for criminal responsibility shall be investigated according to law.
    30th article of the rules for the implementation of the approach, by the provincial Department of supervision is responsible for the development.
                                            31st article this way come into force on July 1, 2008.