Shanxi Province, Interim Measures For The Carriage Of Goods By Road Of Corruption Overload

Original Language Title: 山西省道路货物运输源头治理超限超载暂行办法

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(May 26, 2008 Shanxi Province Government 10th times Executive Conference considered through May 30, 2008 Shanxi Province Government makes No. 223, announced since July 1, 2008 up purposes) first article for governance road goods transport source super limited overload (following referred to "freight source rule Super") behavior, guarantees people life property security, protection road produced road right, maintenance road goods transport market order, according to People's Republic of China Road transport Ordinance, legal, and regulations,
    Combined with the facts of the province, these measures are formulated.
    Article source referred to road freight transport units (hereinafter "source freight unit"), refers to an administrative license or registration, and engaged in the coal, iron and other minerals, and building materials production and processing of Coke enterprises and logistics terminals and other operators of road freight transport loading site.
    Article source freight overload within the administrative area of the province to apply this approach.
    Fourth source of freight within the administrative area of the people's Governments above the county level shall be responsible for the overload of work.
    Industrial economy, public security, homeland, supervision, transportation, industry and commerce, quality supervision, safety, coal and other sectors should perform their respective source freight overload of work responsibilities, established and publicized source of freight overload system of job responsibility in this sector.
    Road transport authorities above the county level (hereinafter "transportation management agencies") of freight source unit by positioning, inspection and other means to implement supervision and management of freight source overload. Article fifth County people's Governments shall be in accordance with licensing, registration of cargo source unit to the public, establish cargo source linkage work overload work meeting system and administrative law enforcement system.
    Overload protects cargo source funding source of freight overload of outstanding achievements in work units and individuals to be commended and rewarded.
    The township (town) people's Government within their respective jurisdictions, coal, iron, coke and other key transportation source unit can monitor the presence management.
    Article source freight units of production, business licensing authority or the competent Department shall establish a transportation source enterprise quality check archives, overload of a shipping source, in the quality and scope of examination reputation and announced to the public on a regular basis. VII article freight source units should perform following obligations: (a) clear staff duties, established responsibility held system; (ii) on goods mount, and invoicing, and Ji Zhong, related personnel for training; (three) on Mount goods vehicles driver show of road transport card and practitioners qualification card for registration; (four) established sound freight source rule Super registration, and statistics system and archives, and by provides to shipped tube institutions submitted related information; (five) accept freight source rule Super law enforcement personnel implementation of supervision check,
    And provide the relevant information and data.
    Article source cargo unit shall not be any of the following acts: (a) the unlicensed unlicensed vehicle loading, stowage, (ii) for vehicle license is not loading, stowage, (iii) for illegal modification of vehicles loading, stowage and (iv) excessive loading of vehicles, loading (v) provided for overload vehicle mount false proof.
    Source freight unit staff should be in accordance with the regulations of the ninth mount, Ji Zhong, invoice shall not release overloaded vehicles.
    Business road freight transport drivers ' loads the goods should be produced to the cargo source unit road transport certificates and qualification, not drivers of overloaded vehicles.
    Tenth Article shipped tube institutions law enforcement personnel implementation supervision check Shi, should has 2 name above personnel, and show legal effective of law enforcement documents, perform following duties: (a) on freight source units established rule Super about system, and perform duties of situation for supervision check; (ii) on freight source units rule Super registration, and statistics system, and archives for check; (three) coordination about sector and units maintenance good mount, and stowage site order; (four) found violations should immediately stop, law be punishment;
    (E) not part of departmental punishment, transferred to the relevant administrative organs in a timely manner; (vi) in accordance with these rules, performance report, a copy of the obligation.
    11th article shipped tube institutions in implementation freight source rule Super supervision check Shi, found following violations of, should transferred related administrative competent sector: (a) coal production enterprise sales coal Shi not by provides issued coal sales votes of; (ii) coal production enterprise, and business enterprise, and processing into enterprise and the coal user purchase, and transport, and sales, and using no coal sales votes of coal of; (three) engaged in coke transport of enterprise using its master of deployment capacity means participation Coke business, seek not due interests of;
    (D) dangerous chemicals production quality mounted operating units that are not approved by the driving license.
    12th source freight units of production, business licensing and registration organs and transport agencies to which a case should be investigated in accordance with law, and transfer of the investigation results a copy of the amount of transportation management institution.
    Transportation management institution shall transfer monthly shipping source Law Department and report the local government and superior transportation management agencies.
    13th is not an administrative license, or go through the registration formalities according to law, engaged in the loading and stowage of goods without permission illegal shipments of source units, by the licensing authority or the Department for industry and Commerce investigated and dealt with.
    14th in violation of the provisions of article seventh, by transport agencies above the county level shall be ordered to correct, and a 1000 Yuan fine, by the competent authorities or supervisory departments shall be investigated for their responsibilities.
    Source freight units failing to establish source of freight overload responsibility, accountability, the appointment and removal or administrative supervisory organs shall investigate the production, responsible for monitoring the business licensing and registration organs.
    15th in violation of the provisions of article eighth, according to per liangci above the county level transportation management agencies to 10000 Yuan fine.
    Totaled five times within three months, above the county level transportation management agencies transferred to industry and commerce, quality supervision departments, from industry and commerce, quality supervision departments to withhold production, rectification, and report the people's Governments at the corresponding level.
    Six months up to ten times over, by transport agencies above the county level transferred to the industry and commerce, quality supervision departments, from industry and commerce, quality supervision departments, sealed locations, shipping sources shall be investigated and dealt with according to law by the legal representative and report the people's Governments at the corresponding level.
    16th in violation of provisions of the first paragraph of this article Nineth, and above the county level transportation management agencies according to each liangci to a fine of 500 Yuan, and the head of 1000 Yuan fine.
    Violation of the provisions of the second paragraph of this article Nineth, transportation management agencies above the county level shall order rectification unsafe refuses, the qualification licence revoked by the issuing authority.
    17th violates the 11th article of this approach, the second rule, confiscated by the competent administrative Department of the people's Governments above the county level of illicit production, management and use of coal and illegal income, and fined a maximum of illegal gains more than 3 times 5 times, shall be investigated for criminal forwarding responsibility of the source organization.
    In violation of these regulations section 11th third item, by the people's Governments above the county level General Administration to order the suspension of operation of the industrial economy, confiscate the illegal income and illegal gains more than 1 time penalty of 3 times: violations of the provisions of article 11th the fourth, work safety supervision and management departments above the county level people's Governments shall be ordered to correct, and each liangci 20000 RMB fine.
    18th article shipped tube institutions and law enforcement personnel has following case one of of, law give administrative sanctions: (a) not perform freight source rule Super duties of; (ii) participation or disguised participation road goods transport and terminal field business of; (three) found freight source units violations, not investigation or not transferred of; (four) not perform report, and copy told obligations of; (five) obtained, and received others property seek illegal interests of; (six) other violations.
    19th source freight units of production, business licensing authority or the competent Department not to assist in operation source overload work supervision and inspection agency freight forwarders, transport institutions to copy and transfer case is not investigated in a timely manner, not to investigate and punish illegal shipments of source units, by appointment and removal or administrative supervision for its principal leaders, direct responsibility for administrative sanctions according to law.
                                          20th these measures shall come into force on July 1, 2008.