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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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(Act No. 55 of 21 December 1995 No. 55 of the Order of the Government of the Southern province of Lake Lake Southern Province, issued in accordance with the Decision No. 99 of 30 December 1997 on the revision of the Transport Safety Management Scheme in the Southern Province of the Lake and the Decision No. 152 of 7 March 2002 on the revision of Partial Regulations issued by the end of 2001) No. 9 of 2 January 2008 on the revision of the regulation on the management of the Territory's economy, as amended by the Order No.

Chapter I General
Article 1. To strengthen the safe management of water, to maintain a water transport order, to guarantee the lives and property security of the people, and to develop this approach in line with relevant national laws, regulations and regulations.
Article II applies to navigation, parking, operating vessels, sequestration facilities and their owners, operators, shipfarers and units or individuals related to the safety of water in the territorial administration.
The management of military, fisheries, sports vessels, testing, registration, issuance and board examination is carried out in accordance with the relevant national provisions.
Article 3 Governments of more people at the district level should strengthen their leadership in water safety. The commune government has a direct responsibility to manage the safety of its communes and their communes, and should be responsible for water safety management in accordance with the size of the mandate or part-time personnel.
Article 4
The Maritime Authority specifically implements water safety monitoring.
Article 5
Article 6 establishes a checkpoint on water subject to approval by the Government of the province.
Other units and individuals may not intercede ships in connection with the commission of criminal acts by the maritime administration in accordance with the law.
Chapter II
Article 7.
Article 8 The new construction or alteration of ships, facilities should be approved in accordance with the provisions of the transport administration, and the design of maps should be pre-empted in accordance with the requirements of the ship inspection services. Unauthorized or approved, no work is permitted; the construction of the unauthorized is not tested.
The sale of ships shall be subject to the approval and processing of the procedures of the household.
Article 9. Ships, rotates, owners of facilities or operators shall be responsible for the safety of ships, shipments, facilities and safety managers and shall:
(i) To comply with the provisions relating to the safe management of water and to establish a safe and safe production responsibility;
(ii) Maintenance of good technical conditions and affordability of ships, rotates, facilities;
(iii) Technical training and safety education for crews, in accordance with the provisions of the arsenal;
(iv) A reasonable movement of ships;
(v) To urge the shipfarers to carry out regular firefighting, life-saving exercises;
(vi) Inspections of maritime administrations, water safety managers.
Article 10 provides for the production of agricultural production, processing of and living in communes, which are managed by the communes of the shipowner's location, and shall not engage in the transport of commercial passenger goods, in accordance with the relevant provisions of this province.
commune ships are engaged in commercial transport and should be insured against ships and passengers in accordance with national regulations.
Article 11. The use of ships, rotaries for cruise operations or the installation of water-screational catering facilities in navigation waters shall be pre-empted by the ship inspection department and be reviewed by the maritime administration, delineation of parking sites and cruise waters.
Article 12 Explores of ships, cruises, water-screening facilities should be well stable and manipulated and equipped with life-saving, firefighting, sanitation equipment in line with the requirements. Visitors are allowed to operate their own cruise ships, cruise tras, and access to waters that are not authorized by the Maritime Authority.
Nothings and sympathies shall affect and confuse the lights and Voices of the ship, dialogs and gestures.
Chapter III
Article 13, Ship, rotary, driver, rotator, driver, driver, driver, driver, hiding, hiding, trajectory, radio reportingers, etc., must be given an effective vessel certificate. The certificate of the owner's due diligence shall be valid.
Article 14. The safety distance should be maintained at the end of the ship, the shipment. Any unit or person shall not refer to the operation of the shipman in contravention of the rules and unconstitutional navigation.
Article 15. Ships, rotary ports shall be subject to a visa. The special provisions of the maritime administration must be adhered to through the transport control area, the loading area, the dangerous narrowly-bed beached, the watershed, the ship gateway or other navigational conditions.
Article 16 provides sufficient control capacity for ship cranes. The buoy vessel shall not be engaged in a trailer. The B-level maritime area does not allow the application of the beach trail.
Article 17 In the absence of a delineation of the sea or the parking area, safety measures must be taken to prevent other ships, normal navigation and endanger the security of the facility, the berm.
The parking of ships, drainage, facilities must show signs of parking and retain loaders in accordance with the provisions.
Article 18 The vessel is not allowed to carry out the passenger or cargo without the authorized strength of the passengers or cargo. Transport shall not be used for the use of declared ship.
Article 19
Ships and communes must not contain dangerous goods. For transport reasons, it is necessary to carry out dangerous goods by commune vessels and to comply with national regulations relating to the management and transport of dangerous goods.
Article 20: There are one of the following cases in the ship, rotary and facility, and the port inspection authority is entitled to prohibit its departure from the port or to impose its parking, cessation of operations and acceptance of the designated location:
(i) Inadequate or inappropriate;
(ii) Inadequate treatment of water-related accidents or escapes;
(iii) No cost to be incurred or the provision of security;
(iv) Other violations of water safety laws, regulations or regulations.
The Maritime Authority has the power to take mandatory measures such as the removal of power when a ship, rotary, facility accident occurs, cause or may cause harm.
Article 21, the Maritime Authority takes measures under article 20 to refrain from exempting the safety of vessels, owners of rotaries, facilities, operators or crews from their own ships, rotates, facilities.
Chapter IV Safety and security of tenure
The second article should maintain a marked and effective logic of navigation and help.
No object affecting its effectiveness may be constructed or established in the vicinity of the mark. No units and individuals shall be allowed to carry out a vehicle mark without the approval of the Maritime Authority or the shipping administration.
Article 23 establishes a restricted area, undertakes construction operations under water or sports competitions, construction facilities at the port area and other activities that hinder the safety of water, shall be approved by the Maritime Authority and issued a warning or notice of navigation.
The construction operation under Article 24 must be carried out within the framework approved by the Maritime Authority, and the traffic control and navigation command of the construction area are vested with the Maritime Authority and the requirements are borne by the construction units. The construction operation waters require the addition of temporary help cards, which are handled by the construction units. The water-based facilities should be established in accordance with the relevant provisions.
Article 25 excavations, gold collections, the establishment of recreational catering facilities in navigation waters shall be subject to the relevant laws, regulations and regulations and shall not be intrusive, disrupted and hindered the safety of ships, rotates, facilities. The dumping of sands and wastes is prohibited from reaching seawater.
Article 26 prohibits the establishment of fishing blocks, aquaculture network boxes and blocked fishing networks within the route or customs routes. The creation of a aquaculture network in other shipping waters cannot hinder the movement and the location must be reviewed by the maritime administration.
Article 27 states that vessels and other objects are silent in the waters of the sea and that all of them or operators must report immediately to the maritime administration and set the mark.
The Maritime Authority has the authority to hold all its owners or operators for clearance within the prescribed time frame. The Maritime Authority has the right to compel the clearance and the cost borne by its owners or operators.
Article 28 was established or removed and should be approved by the provincial-level people's governments; the views of local maritime administrations should be sought prior to the approval of the territorial Government. The municipalities of the cross-construction area, the city of the district, or the removal of the crossings are reported to be approved by the Government of the people at the highest level.
At the crossing point, over 500 metres from the downstream, no one may repeat the crossings of the same functions. Facilities that impede the safety of passage cannot be installed on the routes.
Article 29 should establish floors, markers, waiting vessels and other security facilities on both sides.
Article 33 shall strictly adhere to the Code of Transmissions issued by the Department of State, strengthen the safe management of the ship and refrain from any unauthorized changes in the approved roubles, shipowners.
Chapter V
Article 31, ship, rotary, facility accidental traffic accidents, and all its owners, operators and crews should take effective measures to rescue themselves and report promptly to near-border maritime administrations that no unauthorized departure from the accident site and a maritime management body that received reports of the accidents should quickly be removed from the accident scenes.
Ships, rotates, facilities or personnel close to the accident scene should be fully assisted by the victims after receiving a rescue signal.
Article III, within 24 hours of a traffic accident involving a vessel, rotary, facility, the parties shall submit an accident report, an accident map and related evidentiary material to a competent maritime administration. The accident reports should be completed as such.
After the accident reports received by a competent maritime administration in article 33, the evidence should be promptly, objectively and comprehensively investigated, the analysis of the causes of the accident, the determination of the responsibility of the parties and the preparation of the accident investigation report. The incident survey report of the Maritime Authority should be sent to the superior authority to courier the accident party and related units.
The accidental party has found no responsibility for a water traffic accident and may apply for re-identification to the supervisory body at the primary level within 15 days of the receipt of the accident investigation report, and the decision to maintain, modify or withdraw should be taken by the superior maritime administration within 30 days of receipt of the re-identification application.
Article 34 Civil disputes arising from traffic accidents in water can be applied by parties to maritime management mediation. Failure to apply for mediation or mediation may be prosecuted by the parties to the People's Court.
Chapter VI Corporal punishment
Article XV, in violation of this approach, provides for a warning by the Maritime Authority of unconstitutional persons and a fine of up to $200,000:
(i) No visa to enter and exit ports;
(ii) Navigation, parking, operating non-compliance with the provisions indicating signals or slacken crews;
(iii) Not to stop ships and rotate.
In violation of article XVI, there is one of the following conditions under which the Maritime Authority has fined more than 50 dollars for unconstitutional personnel, withholding certificates, documents below six months; and fines for all responsible persons, operators or unconstitutional units of 500,000 dollars.
(i) None of the provision for the distribution of boarders;
(ii) Non-compliance with the special provisions of the maritime administration in waters limited by navigation conditions such as transport control zones;
(iii) Excluding the area of navigation, navigation or non-performance with the provisions;
(iv) Removal of ships, cruise tra and water-screation facilities are not in accordance with water safety management provisions;
(v) More than authorized construction operations;
(vi) The unauthorized installation of a network box or a block of a river fishing network within a customary route;
(vii) The silence of vessels, facilities or objects that impede the safety of navigation waters does not establish the mark in accordance with the provisions.
Article 37, in violation of this approach, provides for a fine of up to 100 kidnapped persons, for the purpose of detaining certificates, documents 6-12 months, for all responsible persons, operators or subsidiaries totalling more than 1,000 dollars:
(i) The excess of ship transport;
(ii) Ship, sequestration, facilities are not forced to navigation;
(iii) Non-approved shipment and storage of dangerous goods;
(iv) The marking of the unauthorized vehicle;
(v) Without approval of the establishment of a restricted area, construction underwater, sports competition, construction of a sealine in the port area and other activities that hinder water safety;
(vi) Resistance and relocation;
(vii) The absence of a report or the concealment of facts after the accident.
In violation of this approach, the Maritime Authority has a fine of up to €200 million for persons who are in breach of the provisions of this scheme, which allows for the release of certificates, documents; a fine of up to 4,000 dollars for the responsible owner, the operator for the year 2000.
(i) Contrary to other chapters;
(ii) Visitors of non-signant vessels;
(iii) The unauthorized departure from the accident site or the non-acceptance of the investigation;
(iv) Responsibility for accidents.
Article 39 deals with vessels without vessel, without a ship certificate, without a ship's certificate, and the port of the ship without the vessel.
Article 40
Article 40 rejects and impedes the performance of the official duties of the water security manager by virtue of the relevant provisions of the Law on the Safety and Security of the People's Republic of China, which constitutes a crime and is criminally liable by the judiciary.
Article 42 abuses by staff engaged in the safe management of water, negligence, provocative fraud, administrative disposition by their units or superior authorities, and compensation shall be provided to the parties in accordance with the law, which constitutes a crime and is criminalized by the judiciary.
Chapter VII
Article 43
“Central ship” means vessels in town and rural areas and individuals engaged in passenger cargo transport, consulars, contractors and farmers for agricultural production.
“Government public service ships” means vessels engaged in government administration functions in the sectors of business administration, tax, public safety, water utilities, transport and environmental protection.
Article 44 The Modalities for the Safety of Ships in the Southern Province of Lake, which were approved by the Government of the People of the province on 18 November 1985, were also repealed.