People's Government Of Zhejiang Province, Zhejiang Province, On Amending The Decision Ferry Safety Regulations

Original Language Title: 浙江省人民政府关于修改《浙江省渡口安全管理办法》的决定

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(December 27, 2005, Zhejiang Province people's Government announced order No. 209 come into force on the date of promulgation), Zhejiang Province people's Government for decision to the Zhejiang Provincial ferry safety regulations read as follows: a, fourth is revised as follows: "people's Governments at various levels shall strengthen the safety management of ferry's leadership, establish and improve ferry safety management responsibility system, coordinate relevant departments in safety management of ferry.
    Heavy ferry safety management task area, the County ferry public emergency plans should be developed.
    The County specified sectors (hereinafter referred to as the ferry safety authorities) responsible for ferry safety management within their respective jurisdictions. Maritime administrative agency responsible for the ferry and the ferry crew member safety supervision and management. Ship inspection bodies responsible for inspection and certification of the ferry. "Second, eighth, first to second paragraph is amended as:" the set, transfer, withdrawal, however, shall comply with urban planning, or town planning, and approval by the people's Governments at the county level, where the ferry.
    People's Governments at the county level examination and approval shall, before seeking the views of local maritime authorities. Ferry across boundaries, shall by consensus by the parties concerned and report to the parties on a common level people's Government for approval. "Third, the addition of an article, as the 11th article:" ferry should be set firmly the mooring piles, springboard, as well as other convenience and safety equipment and ferries berthing, ship equipment or facilities, and keep equipment and facilities in good condition.
    "Four, by deleting article 12th.
    Five, the third and fourth chapters merge, title is revised as follows: "chapter three ferries and ferry workers". Six, 21st is amended as: "ferry should be in accordance with the ferry routes approved by the people's Governments at the County ferry, crossing is prohibited to grab the bow of his ship in drift driving.
    "Seven, 22nd is amended as:" the need to ferry shipments of dangerous goods vehicles and super high and wide, long, overweight vehicles shall produce authorities proof of transportation across, and to adopt effective safety measures before the ferry. Ban on dangerous goods vehicles and passenger car ferry.
    "Eight, and 26th article in the of" County above Government traffic administrative competent sector of ferry security management duties "modified for:" Ferry security competent sector perform following ferry security management duties "; increased two items, respectively as subsection (five) items and subsection (six) items:" (five) on ferry staff for training assessment and issued qualified certificate; (six) on ferry and du shipped security implementation supervision check; "nine, and increased a article, as 27th article:" Xiang (town) Government perform following ferry security management duties: (A) to establish and improve ferry safety responsibility system of villages where the ferries and ferry operators; (b) the safety management of ferries and part-time personnel, enhance ferry safety inspection of the conservation, use, (iii) urge the ferry operators and ferry workers to comply with the water traffic safety laws, rules and regulations. "Ten, and 27th article to 28th article, modified for:" maritime management institutions, and ship test institutions perform following ferry security management duties: (a) law handle ferry test, and registration, issued ship test certificate, and ship registration certificate and sailing visa book or ferry card; (ii) is responsible for du workers of technology assessment, issued du workers card or crew suitable any certificate; (three) carried out on ferry airworthiness and ferry crew suitable any situation of check; (four) survey processing ferry traffic accident.
    "Plenary, and 28th article to 29th article, which of" Ferry competent sector and operators of security management duties "modified for:" ferry operators bear following security management responsibility "; increased a items, as subsection (eight) items:" (eight) ferry occurred accident Shi, should timely take rescue measures, and to ferry security competent sector, and maritime management institutions and location Xiang (town) Government report; "12, and 29th article to 30th article, modified for:" du workers bear following security management responsibility:
    (A) adhere to post, comply with sailing rules; (ii) shall not overload sailing, and drink driving, and no card driving, shall not in Gale, and thick fog, and flood, and torrent, dangerous situation Xia sailing; (three) publicity ferry code, maintenance du shipped order; (four) check ferry whether airworthiness, found ferry does not apply airlines Shi, timely to operators report; (five) ferry occurred accident Shi, should timely take rescue measures, for site rescue, and to ferry operators and location Xiang (town) Government report; (Vi) other security matters assigned by the ferry operators. "13, 34th to 35th, amended to read:" the ferry when major accidents occur, the local people's Government, the ferry security officer head of Department and other relevant departments, should be dealt with promptly to the scene to organize the rescue, rehabilitation, process the results and report to the higher people's Government. "14, an article shall be added, as the 37th" for acts in violation of these rules, the relevant provisions of laws and regulations on administrative penalties from its provisions. "Article XV, 36th to 38th and amended as:" the violation of the provisions of the third paragraph of this article eighth, the ferry security authorities shall order the rectification; it fails to be forced removal or recovery, the resulting fees are set by people, migrations of people, withdrawn person. "16, the addition of an article, as the 41st:" violation of the provisions of this article 17th, the ferry security authorities shall order rectification can be fined 2000 Yuan and 10,000 yuan fine; fails to make corrections, shall be ordered to be laid up.
    "Article 17, delete the 39th, 40th, 41st, 42nd, 44th, 46th. 18, 47th to 44th and amended as: "ferry safety authorities, the maritime administrative agency, unit staff, negligence, caused a ferry accident, administrative sanctions shall be granted by the competent authorities.
    "19, the relevant provisions in the" Ferry (the) authorities "are adapted to" Ferry security authorities "," port (port) oversight bodies "are adapted to" maritime administration ".
    In addition, the relevant provisions in order to make the appropriate adjustments.
    This decision shall come into force as of the date of.

    Zhejiang ferry safety regulations pursuant to the present decision be modified accordingly, republished.
    Attached: Zhejiang Province ferry security management approach (2005 amendment this) (September 4, 1997 Zhejiang Province Government makes 88th, released according to December 27, 2005 Zhejiang Province Government on modified straddling Zhejiang Province ferry security management approach of decided Amendment) first chapter General first article for strengthening ferry security management, guarantees national, and collective, and personal property security and people life security, according to national about legal, and regulations provides, combined this province actual, developed this approach.
    Second this approach applies to the province of all ferries and ferry security management activities relating to the units and individuals.
    Ferry mentioned in these measures refers to located in rivers, lakes, reservoirs, coastal islands dedicated to the du transport, cargo, car sites and facilities, including the ferry required venues, roads, waters, ports, ferries and ferry facilities at the other.
    Ferry article is divided into three categories: (a) located in the town port, du volume larger ferry traffic across; (b) located at the Fords of the village or town to town du; (c) located at the Fords of the enterprises, institutions, private location or tourist scenic spots for private Watanabe. Article people's Governments at various levels shall strengthen the safety management of ferry's leadership, establish and improve ferry safety management responsibility system, coordinate relevant departments in safety management of ferry.
    Heavy ferry safety management task area, the County ferry public emergency plans should be developed.
    The County specified sectors (hereinafter referred to as the ferry safety authorities) responsible for ferry safety management within their respective jurisdictions. Maritime administrative agency responsible for the ferry and the ferry crew member safety supervision and management.
    Ship inspection bodies responsible for inspection and certification of the ferry. Fifth ferry safety management "who runs, who management, who is responsible for" principle.
    Ferry operators bear full responsibility for ferry safety, seat of ferry safety authorities and village and town ferry Township (town) people's Government leadership responsibility for ferry safety.
    The township (town) people's Governments shall strengthen the local Yi du, non-operational security management.
    Article sixth ferry operation to implement "du du" principle. Ferry fees, by the competent authorities and the ferry safety approved by the Department.
    Village and town ferry fees are not sufficient to maintain normal expenditure of the local people's Governments should be resolved.
    Article seventh on ferry safety management of outstanding successes in work units and individuals, departments of people's Governments at all levels and the ferry security officer shall give commendations and awards. Chapter II sets of ferry, migration, the repeal of section eighth settings, transfer, withdrawal, however, shall comply with urban planning, or town planning, and approval by the people's Governments at the county level, where the ferry.
    People's Governments at the county level examination and approval shall, before seeking the views of local maritime authorities.
    Ferry across boundaries, shall by consensus by the parties concerned and report to the parties on a common level people's Government for approval.
    No unit or individual without approval, permission settings, migrate, and withdraw the ferry. Nineth ferry should be set in the shore water, good view, passenger and convenient location.
    Ferries may not be set up in the narrow, winding, carry you swirling or production sites, warehouses and other locations near flammable shall be without prejudice to unimpeded passage and flood discharge.
    Set ferry Fords of the motor vehicle shall also comply with national provisions on the management of Highway ferry.
    Prohibit cable ferry on navigable waters.
    Article tenth on both sides must build a suitable ferry dock or quay, clear signs and warning level in the ferry code stopped crossing signs. 11th ferry must set firm mooring piles, Springboard and other convenient passenger safety equipment and ferries berthing, ship equipment or facilities, and keep equipment and facilities in good condition.

    12th set a commercial ferry, the operator shall, to the local industrial and commercial registration, tax and other relevant competent departments to obtain business licenses; removal or withdrawal of ferries, should go through the modification or cancellation of registration according to law. Chapter III 13th ferry ferries and ferry workers (including motor boats and non-motorized vessels, the same below) shall be registered by the Inspection Agency inspection, the maritime administrative agency, shall obtain the vessel inspection certificate, the vessel registration certificate and visa or a ferry permit navigation.
    The ferry without a survey, registration, certification, and shall not be put into the ferry.
    Ferries should be required to get a visa and an annual inspection. 14th ferry operator should ensure that the ferry seaworthy.
    Non-cement boats used as ferries.
    15th ferry shall, according to prescribed fire, life-saving safety facilities and equipment.
    16th ferry provided should set safety rail, ferrying motor vehicle ferry should be set on both ends of the deck non-slip devices. 17th ferry shall be indicated: name, approved of a passenger, heavy water and wind-resistant grades.
    Ferry passenger vessel inspection departments should be approved parts for transportation of goods.
    18th ferry operators shall be provided equipped with du (crew, the same below), and has remained relatively stable. Article 19th du public should be carried out by a strong sense of responsibility, good technology, familiar with the channel, good health, and approved by the maritime administrative agency examinations, du made work permits or certificates of competency of seafarers personnel.
    Undocumented people crossing is strictly prohibited.
    20th du worker shall strictly abide by the relevant laws, rules, regulations and the safe operation of the water system.
    Fourth chapter ferrying 21st ferry should be in accordance with the ferry routes approved by the people's Governments at the County ferry, crossing is prohibited to grab the bow of his ship in drift driving.
    22nd must ferry loading dangerous goods vehicles and super high and wide, long, overweight vehicles shall produce authorities proof of transportation across, and to adopt effective safety measures before the ferry.
    Ban on dangerous goods vehicles and passenger car ferry.
    23rd under any of the following circumstances, no ferry: (a) the overcrowding or overloading, (ii) the improper loading, impact safe ferrying; (c) adverse weather or other dangerous conditions; (iv) crew equipped with inadequate or ferry boats unseaworthy; (e) endanger the safety of the ferry.
    24th ferry operators for elementary and middle school students, the disabled, the elderly, pregnant women, passengers such as transition, should be taken care of.
    The fifth chapter 25th ferry crossings safety management responsibilities local government security authorities and ferry crossings safety management responsibility system should be established.
    Du settings in villages and towns, counties (cities and districts) and the township (town) people's Governments and township (town) people and villagers ' committees and village committees and delivered shall sign a ferry security management responsibility.
    Traffic crossing, after private Watanabe settings, their competent authorities and operators, operator and the ferry owner, head of the ferry and crossing ferry safety management responsibility shall be signed.
    26th article ferry security competent sector perform following ferry security management duties: (a) publicity implement about ferry security management of legal, and regulations, and regulations; (ii) supervision check ferry operators implementation du shipped security accountability of situation; (three) developed ferry security management system, timely mediation ferry security management in the exists of problem; (four) unified planning ferry of update transformation; (five) on ferry staff for training assessment and issued qualified certificate; (six) on ferry and du shipped security implementation supervision check;
    (VII) other related tasks assigned by the people's Governments at the corresponding level crossing safety management.
    27th article Xiang (town) Government perform following ferry security management duties: (a) established, and sound ferry where villages and ferry operators of ferry security accountability; (ii) implementation designed part-time ferry security management personnel, strengthening on ferry security facilities conservation, and using situation of check; (three) urged ferry operators and du workers comply with about water Shang traffic security of legal, and regulations and regulations.
    28th article maritime management institutions, and ship test institutions perform following ferry security management duties: (a) law handle ferry test, and registration, issued ship test certificate, and ship registration certificate and sailing visa book or ferry card; (ii) is responsible for du workers of technology assessment, issued du workers card or crew suitable any certificate; (three) carried out on ferry airworthiness and ferry crew suitable any situation of check; (four) survey processing ferry traffic accident. 29th article ferry operators bear following security management responsibility: (a) equipped with full-time ferry security management personnel; (ii) by provides equipped with du workers; (three) is responsible for ferry security education; (four) ensure ferry airworthiness and ferry facilities of intact effective; (five) maintenance ferry of security order, stop overload crossing, du shipped peak should increased ferry shifts; (six) organization implementation security management accountability; (seven) timely elimination ferry security hidden; (eight) ferry occurred accident Shi, should timely take rescue measures, and to
    Ferry location of the security authorities, the maritime administrative agency and township (town) people's Government reports; (IX) other work on the safety management of ferry. 30th article du workers bear following security management responsibility: (a) adhere to post, comply with sailing rules; (ii) shall not overload sailing, and drink driving, and no card driving, shall not in Gale, and thick fog, and flood, and torrent, dangerous situation Xia sailing; (three) publicity ferry code, maintenance du shipped order; (four) check ferry whether airworthiness, found ferry does not apply airlines Shi, timely to operators report; (five) ferry occurred accident Shi, should timely take rescue measures, for site rescue,
    And with ferry operators and local township (town) people's Government reports; (vi) the ferry operators to undertake other security issues.
    31st public security organs responsible for the maintenance of the ferry, where the ferry's order.
    32nd ferry Fords of the local schools should strengthen students ' safety education to help maintain student ferry order. Article 33rd transitional passengers should comply with the ferry and ferryboat safety management regulations, subject to the ferry security officer or du command.
    Prohibits the flammable, explosive and other dangerous goods carried on board. Sixth chapter 34th ferry ferry traffic accidents traffic accidents, by the maritime administrative agency in accordance with the relevant laws, regulations, and rules of investigation and treatment.
    Ferry operators and competent authorities shall cooperate with the assist.
    35th ferry when major accidents occur, the local people's Government, the ferry security officer head of Department and other relevant departments, should be dealt with promptly to the scene to organize the rescue, rehabilitation, process the results and report to the higher people's Government.
    Article 36th civil disputes arising from the ferry accident, the parties may apply to the maritime administrative agency mediation; does not apply for mediation or mediation are unsuccessful, you can bring a lawsuit.
    Seventh chapter 37th liability for acts in violation of these rules, the relevant provisions of laws and regulations on administrative penalties from its provisions.
    38th in violation of the provisions of article eighth paragraph, the ferry security authorities shall order the rectification; it fails to be forced removal or recovery, the resulting fees are set by people, migrations of people, withdrawn person.
    39th in violation of the provisions of article tenth, given by ferry safety authorities warned the circumstances are serious, be fined 2000 Yuan fine.
    40th in violation of the provisions of article 12th, by the administrative departments for industry and commerce, taxation to investigate and punish.
    41st in violation of the provisions of article 17th, the ferry security authorities shall order rectification can be fined 2000 Yuan and 10,000 yuan fine; fails to make corrections, shall be ordered to be laid up.
    42nd article violates this article approaches 25th, ferry safety responsibility system has not been established, by the higher people's Government or the ferry safety authorities investigated for responsibility of the persons concerned.
    Article 43rd fine collection and procedures to impose administrative penalties in accordance with the relevant provisions of the State.
    44th ferry safety authorities, the maritime administrative agency, unit staff, dereliction of duty, ferry traffic accidents caused by the relevant authorities be given administrative punishments.
    45th article violates these rules, violated, shall be investigated for criminal responsibility by judicial organs. Eighth chapter supplementary articles article 46th these measures shall take effect on October 1, 1997.
                                  Zhejiang ferry safety management regulations (trial) (Zhejiang Government [1987]46) repealed simultaneously.