Hunan Waterborne Traffic Safety Management Approach (As Amended In 2008)

Original Language Title: 湖南省水上交通安全管理办法(2008年修正本)

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(December 21, 1995, Hunan provincial people's Government, announced on December 30, 1997, 55th 99th of Hunan province, Hunan province, the modification of waterborne traffic safety management decision of the 1th amendment announced on March 7, 2002, Hunan 152th province people's Government decision on the changes before the end of 2001 some regulations issued by 2nd amendment published January 2, 2008, Hunan provincial people's Government order No. 219 on adaptation
    Hunan provincial rural cooperative economic contract management procedures (trial implementation) 6 pieces published the 3rd revision of regulatory decisions) Chapter I General provisions article to strengthen the management of water traffic safety, maintain traffic order on water, protect people's lives and property, according to relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Article II of this regulation is applicable in the province within the administrative area of navigable waters, berthing, and operation of ships, rafts, the facility and its owners, operators, crews and units or individuals associated with water transport safety.
    Military, fishing, sports, ship inspection, registration, certification and crew test management in accordance with the relevant provisions of the State. Third people's Governments above the county level shall strengthen leadership on water traffic safety work.
    Township people's Government towards their respective villages and towns ships and ferry safety has a direct management responsibility, should be based on full-time or part-time personnel responsible for traffic safety on water management.
    Fourth transportation administrative departments of people's Governments above the county level to the waterborne traffic safety management in the administrative area.
    Implementation of a maritime administrative agency water traffic safety supervision and management.
    Article fifth police, fishery, water utilities, industrial and commercial administrative departments shall, in accordance with their respective responsibilities, coupled with good management of water traffic safety traffic Administration Department.
    Sixth set up checkpoints on the water shall be approved by the provincial people's Government.
    In addition to the maritime administrative agency shall perform corporate and public security organs to investigate criminal acts, other unit or individual may intercept the voyage of the ship.
    Ships, rafts, and seventh chapter natural persons of ships, vessels, Government ships of enterprises and legal persons, as well as other ships of the maritime administrative agency deems the registered, shall, in accordance with the People's Republic of China ship registration Ordinance registration. Article eighth vessels and installations must be approved by ship inspection department inspection, access to qualified technical certificate or document. Newly-built or rebuilt ships, facilities, approval shall be in accordance with the provisions of the traffic administrative departments, the design drawings should be in accordance with the provisions of the vessel inspection departments before commencement and approval procedures.
    Without approval or permission, are not allowed to start; built without permission, not inspection certificate.
    Sale of ship shall be in accordance with the provisions for approval and transfer procedures. Nineth article ship, and rafts, and facilities all or business people should on ship, and rafts, and facilities of security is responsible for, equipped with security management personnel, and do: (a) comply with about water Shang traffic security management of provides, established sound safety accountability; (ii) keep ship, and rafts, and facilities of good technology status and airworthiness State; (three) according to provides distribution align crew, on crew for technology training and security education; (four) reasonable scheduling using ship; (five) urged crew regularly for fire, and lifesaving, strain exercises
    And (f) accept the maritime administration, supervision and inspection of water safety management personnel.
    Tenth of agricultural production, agricultural products processing and live their own villages and towns ships, by owner local township people's Government according to the relevant provisions of this province, to strengthen management and shall not engage in business passenger and cargo transportation.
    Villages and towns ships engaged in commercial transport should be in accordance with the relevant provisions of the State insurance against ships and passengers accident insurance.
    11th use of ships and rafts for travel business activities or entertainment facilities on the navigable water settings water, should be given by the vessel inspection departments inspected and audited by the maritime administrative agency, designated parking places, and around water. 12th excursion ship, visit the rafts, water entertainment catering facilities should have good stability and control equipment, with meet the required life-saving, fire prevention, sanitation equipment.
    For visitors tours operate ships, rafts, entering the waters without the approval of the maritime administrative agency is strictly prohibited.
    Excursion ships, tour rafts, lights, sound of water entertainment and Beverage facilities, shall not influence or confuse the ship of lights and sound. Chapter navigation, berthing, and operation section 13th masters, chief engineers, pilots, engineers, fly, long drive, crossing, and other radio operators must have a valid seafarers ' certificates before they can post.
    Seafarers should be carried out within the period of validity of the certificate application. 14th ship, rafts shall, within the approved area, route navigation, speed should be guaranteed their safety and not to endanger the safety of levees and other ships, rafts, and security. Ships and rafts following at a distance should be kept a safe distance.
    No unit or individual may instigate or force the illegal actions of the crew and illegal voyage. 15th ships and rafts out port should be in accordance with the provisions of article visa.
    By narrow traffic controls, traffic-intensive areas, dangerous shoals River, bridges and waters, or other restrictions on navigational conditions of lock approach channel waters, the maritime administrative agency must comply with the special provisions. 16th top navigation must have sufficient control. Hanging paddle ship may engage in the top navigation.
    No isolation Tan b-air method of carrying. 17th ships and rafts should be parked in designated anchorage or berth area.
    In the absence of designated anchorage or berth area ports and airlines parking, security measures must be taken, without prejudice to other ships, rafts of normal navigation and endanger the safety of facilities and embankments.
    Parked boats, rafts, facilities, parking signals must be displayed, and in accordance with the provisions of sufficient crew on duty. Article 18th may overload, high transport, non-passenger vessels shall not carry passengers. Ship parts that are not approved for carrying passengers or goods, not passengers, and cargo.
    Should not be used to scrap vessels engaged in transportation.
    Article 19th water transportation, loading and unloading, the storage of dangerous goods, shall, in accordance with the relevant provisions of the approval procedures. Passenger ships and cargo ship shall load dangerous goods in villages and towns.
    Traffic needed by townships cargo vessel carrying dangerous goods shall comply with State regulations on management and transport of dangerous goods.
    20th article ship, and rafts, and facilities has following case one of of, Hong Kong airlines supervision organ right to ban its away from Hong Kong or ordered its suspended, and stop job, and drove to specified locations accept processing: (a) does not apply airlines or does not apply drag; (ii) occurred water Shang traffic accident rehabilitation processing procedures not clear or accident escape; (three) not delivered should bear of costs, also not provides guarantees; (four) other violation water Shang traffic security legal, and regulations or regulations of behavior.
    Ships, rafts, and accidents, cause or may cause harm to the safety, the maritime administrative agency has the right to take coercive measures such as lifting power.
    Article 20th 21st maritime administrative agency taken measures relieve ships, rafts, the owner or operator of the facility or safety of crews on their ships, rafts, facilities custodial responsibility.
    The fourth chapter security and ferry management departments should manage 22nd fairways maintain unimpeded passage and navigation aids clear, effective. Shall be constructed around the navigational signs, objects settings affect its effectiveness.
    Without the approval of the maritime administrative agency or waterways Management Department, any units and individuals are not allowed to move aid to navigation.
    Article 23rd setting prohibited areas, aquatic submarine construction work or sports, shoreline in Harbor area and build facilities, as well as other activities that hinder water traffic safety, should be approved in advance by the maritime administrative agency and publishing a navigation warning or notice to Airmen. Article 24th aquatic submarine construction work must be carried out within the scope approved by the maritime administrative agency, construction of traffic control and flight operations in the waters by the maritime administrative agency responsible for, what requirements are borne by the employer. Construction job needs additional temporary navigation aids of the waters, handled by the unit applied for channel management.
    Water facilities shall be in accordance with the relevant provisions of navigation buoys or signs. 25th in navigable waters to dig sand, gold mining, setting up entertainment dining facilities, shall comply with the relevant laws, regulations and rules, shall not seize or damage waterways and interfere with ships, rafts, and security.
    Forbidden to navigable waters dump gravel and debris. Prohibited in the fairway or used fairway sets article 26th fish traps, cages for aquaculture and river fishing nets.
    Set the aquaculture cages in other navigable waters shall not be navigation, set the location must be examined by the maritime administrative agency.
    27th sinking ships and other objects in the navigable waters, the owner or operator must immediately report to the maritime administrative agency, and set the flag. Sunken or drifting objects of influencing the safety of navigation, maritime administrative agency the authority to order the owner or operator within the time stipulated in the salvage and removal.
    Fails to salvage, the maritime administrative agency has the right to compulsory wreck removal, costs borne by the owner or operator. 28th set or cancel ferry should be approved by local county; County approval, shall solicit the views of local maritime administration.
    Cross-district, State, County and city governments to set or cancel the ferry, on a common level people's Government for approval. Ferry within 500 meters of upstream and downstream, not ferry repeating sets of similar functionality.
    Not set on the ferry route facilities to prevent the ferry safety.
    Article 29th on both sides should set Pier, ferry sign, waiting facilities and other safety devices.
    30th the ferry's management bodies, the ferry owner or operator shall comply strictly with the ferry code issued by the State Council, strengthening the ferry, ferry vessel safety management shall not alter the approved ferry route, the ferry vessel. Fifth chapter on water traffic accident and salvage

    31st ships, rafts, and water traffic accidents occur, its owners, operators and crews should take effective measures to save themselves, and promptly report to the maritime administrative agency shall not be allowed to leave the scene of the accident, the maritime administration of the receiving the accident report, rushed to the scene of the accident should be organized rescue.
    Ships, rafts near the accident site, facility, or personnel, after receiving the distress signal should be rushed to the rescue of persons in distress. Article 32nd ships, rafts, water facilities within 24 hours after the accident, the Parties shall submit to the jurisdiction of maritime administrative agency accident report, accident scene and related evidence.
    Shall fill in the accident report. 33rd jurisdiction of maritime administrative agency after receiving the accident report should be timely, objective and comprehensive investigation and analysis of the cause of the accident to determine the responsibilities of the parties, prepare accident investigation report.
    Accident investigation report of maritime administrative agency shall be submitted to the competent authority, copy to the parties and the relevant units.
    Party not satisfied with the water traffic accident responsibility determination, up one level in the 15th after receiving the accident report port navigation supervisory authority for the re-evaluation, a higher maritime administrative agency after receiving the application for re-evaluation within 30th confirm, alter or rescind the decision should be made. Article 34th maritime accidents due to civil disputes, the parties can apply to the maritime administrative agency mediation.
    Does not apply for mediation or mediation fails, the parties may bring a lawsuit.
    Sixth chapter penalty is 35th article violation this approach provides has following case one of of, by maritime management institutions on illegal personnel be warning, and at 20 Yuan above 200 Yuan following fine: (a) access port not handle visa of; (ii) sailing, and parked, and job not according to provides displayed signal or parked not enough duty crew of; (three) not according to provides parked ship, and rafts of. 36th article violation this approach provides has following case one of of, by maritime management institutions on illegal personnel at 50 Yuan above 2000 Yuan following fine, detained certificate, and documents 6 months following; on has responsibility of all, and business people or illegal units at 500 Yuan above 2000 Yuan following fine: (a) not according to provides distribution align crew of; (ii) through traffic control district, sailing conditions by limit of waters not comply with maritime management institutions special provides of; (three) beyond airlines district, and
    Route sailing or not according to provides engaged in drag top sailing of; (four) tour ship, and tour rafts, and water Shang entertainment catering facilities not meet water Shang traffic security management provides of; (five) over approved range construction job of; (six) unauthorized in habits channel within set cage or stopped river fishing nets of; (seven) sank in navigation waters of ship, and facilities or hinder sailing security of objects, not according to provides established logo of.
    37th article violation this approach provides has following case one of of, by maritime management institutions on illegal personnel at 100 Yuan above 300 yuan following fine, detained certificate, and documents 6 – 12 months; on has responsibility of all, and business people or illegal units at 1000 Yuan above 2000 Yuan following fine: (a) ship overload transport of; (ii) ship, and rafts, and facilities not airworthiness forced sailing of; (three) not by approved shipment, and store dangerous goods of; (four) unauthorized mobile help airlines logo of;
    (E) without the approval of the prohibited area, underwater construction jobs, sports competitions, in the harbor shoreline building facilities as well as other obstacles to water traffic safety activities; (vi) unauthorized settings, migrate the ferry; (VII) do not report or conceal the truth after the accident.
    38th article violation this approach provides has following case one of of, by maritime management institutions on illegal personnel at 200 Yuan above 500 Yuan following fine, can and at revoked certificate, and documents; on has responsibility of all, and business people at 2000 Yuan above 4000 Yuan following fine: (a) forced others illegal operation of; (ii) non-passenger passenger of; (three) occurred accident Hou unauthorized left accident site or not accept survey processing of; (four) on occurred traffic accident has responsibility of.
    39th free boat name boat number, without ship's certificate, home port of the ship, by the maritime safety authority, together with relevant departments in accordance with the relevant provisions of the State.
    40th article this approach 35th article, and 36th article, and 37th article, and 38th article provides of fine lines, by ship grade for punishment, which: five, ship according to fine amount of 1/2 punishment; four, ship according to provides of fine amount punishment; three, ship according to fine amount of twice times punishment; II, ship according to fine amount of 3 times times punishment; first ship according to fine amount of 5 times times punishment.
    41st refuses or obstructs the waterborne traffic safety management personnel performing official business according to law, the public security organs in accordance with the People's Republic of China on public security administration punishments Act, the relevant provisions, constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    42nd in waterborne traffic safety management staff abuse, negligence, malpractice, sanctions by their work units or by the competent departments; economic loss caused to a party, shall compensate constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    Seventh chapter supplementary articles article 43rd this way is the meaning of the following terms: "villages and towns ships" refers to the towns and villages of enterprises, institutions and engaged in passenger and freight transport ship individuals, lianhu, contractor ship ship devoted to agricultural production and farmers.
    "Government ship" refers to the administration of industry and commerce, taxation, public security, water conservancy and hydropower, transportation, environmental protection and other sectors engaged in the administrative functions of the Government ships. 44th article this way as of the date of promulgation.
                                                                                                                            November 18, 1985, Hunan province people's Government approved the release of the ship safety regulations repealed simultaneously.

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