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Investigation Of Administrative Responsibility For Road Accidents In Liaoning Province Hold Provisions

Original Language Title: 辽宁省道路交通事故行政责任调查追究规定

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(Summit No. 55 of 6 December 2005 of the Government of the Plurinational State of New York considered the adoption of the Decree No. 191 of 20 December 2005 of the Order of the Government of the Greater Honduran Province, which came into force on 1 February 2006)

Article I, in order to ensure that the Government and its relevant departments and units fulfil their regulatory responsibilities and precautionary obligations for road traffic safety, prevent, reduce road traffic accidents, guarantee the security of life property of the people, develop this provision in line with the relevant laws, regulations, such as the People's Republic of China Road Traffic Safety Act and the State Department's provisions on administrative responsibility for special security accidents.
Article 2 investigates and prosecutes the administrative responsibility for the loss of more than 1 million yen and less than 5 million road traffic accidents in the administrative area of my province.
An investigation and prosecution of the administrative responsibility for a special major road traffic accident, which killed more than 30 people or more than 5 million dollars of direct economic losses, is carried out in accordance with the relevant administrative regulations of the Department of State.
Article 3. The provincial, municipal and district security production monitoring authorities are responsible for investigation and prosecution of administrative responsibility for road traffic accidents, in conjunction with the relevant administrations such as transport management and transport, inspection.
Article IV, municipalities, districts (including district-level municipalities, districts, etc.) Government should establish a regulatory responsibility for road traffic safety objectives in this administrative area, clarify the responsibilities of the relevant sectors, guarantee the construction and management of the necessary financial inputs for road traffic safety facilities and oversee the implementation of road traffic safety management responsibilities by the relevant administrative regulatory authorities, organize sectoral inspections, repairs of accidents and organize the development and implementation of road traffic accident emergencies in the current administrative area.
Relevant administrations such as provincial, municipal and district security production supervision, transport management, farmer, construction, development reform, business administration, quality technology supervision should be regulated and protected by road traffic safety, in accordance with laws, regulations, regulations and government responsibilities.
Article 5
Removal vehicles from the movable vehicle recycling units should be in accordance with the relevant national provisions that cannot be sold for the recycling of lost vehicles without unlawful conversion of movable vehicles and the use of loaded vehicles.
The vehicle maintenance unit should ensure that the repaired vehicle meets the safety technology standards. Maintenance of vehicles or suspected vehicles should be registered and communicated to the public security authorities in a timely manner.
Article 6. The vehicle property rights unit should be able to work on road safety protection within this unit, follow up on transport safety laws, regulations, regulations, regulations, regulations and regulations for the safe transport management of this unit; provide transport safety education, training for the drivers, monitor their self-respect in compliance with transport safety laws, regulations; organize internal traffic safety inspections, accept the restructuring of the regulatory sector, remove accidents in a timely manner; implement vehicle maintenance, maintenance, testing, updating systems and eliminate the use of vehicle violations.
Vehicle property rights units and individuals must be transferred to Government designated recycling units.
Article 7. Units and individuals have the right to reflect the problems in road traffic management and to report road traffic accidents and cars, personnel.
Article 8
(i) In the event of a road traffic accident involving three or four persons, the transport management of the public security authority shall report to the provincial public security authorities on a case-by-case basis within one hour after the police are given, and report to the Government of the people at this level;
(ii) In the event of a road traffic accident involving more than 9 deaths, the transport management of the municipal public security authorities should report to the Government of the people at this level within two hours of the report, and report to the provincial public security authorities on transport management;
(iii) In a road traffic accident involving more than 29 deaths, the provincial public security authorities' transport management should report to the Government of the province within two hours after the receipt of the report and report on the transport management of the State's public security authorities within 24 hours.
The transport management of the public security agencies that have received reports (the police) should be informed within one hour of the same level of security production supervision.
No unit or person shall be allowed to conceal reports, delay reports, cover road traffic accidents, without interference and obstruction of road traffic accident reports.
Article 9 accident reports include the following:
(i) Time, location and on-site of accidents;
(ii) The vehicles of both parties and their driver (hereinafter referred to as the parties to the accident) and the vehicles of both parties and their agents (hereinafter referred to as accident units);
(iii) Preliminary judgement of loss of life and direct economic damage;
(iv) The rescue and on-site handling of accidents;
(v) A brief incident and a preliminary judgement for the cause of the accident.
New ownership of the provisions of the preceding paragraph should be continued and resubmissioned.
Article 10. When road traffic accidents occur, a accident survey team should be formed in accordance with the principle of sub-management, specifically responsible for administrative responsibility for road traffic accidents.
Article 11
(i) A death of three or four persons, or a direct economic loss of more than 1.5 million yen and less than 2.5 million road traffic accidents, consisting of a accident survey team with the same public security authority, transport, inspection services;
(ii) A loss of more than 9 persons, or a direct economic loss of more than 2.5 million yen and less than 3.5 million road traffic accidents, consisting of accidents survey teams in the same public security authority, transport, inspection services;
(iii) The loss of more than 29 persons, or the direct economic loss of more than 3.5 million yen and less than 5 million road traffic accidents, consisting of an accident survey team with the same public security authority, transport, inspection.
In the event of road traffic accidents provided for in paragraphs 1, 2 and 2, the accident party, the accident unit or the accident area involved more than two administrative areas, consisting of the accident survey team at the top-level sector in the district or municipal sectors.
Road traffic accidents involve the executive branch and the military, the VAF, which may invite its personnel to participate. Depending on needs, technical experts may be invited or trade union organizations, people's prosecution officers.
Members of the accident survey team shall be composed of persons with the corresponding knowledge, experience and operational capability.
The members of the accident investigation team should be avoided and redeployed by the authorities concerned, in the interest of the accident units, the accident party and the protection of accidents, the administrative regulatory sector responsible for leading, managing the responsibility.
Article 13 Administrative responsibility for road traffic accidents includes the following key elements:
(i) The immediate causes, consequences and causes of accidents;
(ii) The municipality, the Government of the People of the District, the relevant administrative regulatory authorities, the accident units and other relevant responsibilities units, in accordance with the provisions of the law, regulations, regulations and regulations, and the division of responsibility established by the Government, perform the functions of road traffic safety and protection.
The accident survey team needs technical validation in its work, and should be entrusted to institutions that are in line with national qualifications or to organize expert identification.
Article 14.
(i) Participation in the field survey of accidents by the transport administration of the public security authority or verification of the incident site investigation, verification of the finding of the responsibility of the accident party and its evidence;
(ii) To verify the direct causes of the accident, the causes of the accident, the casualties and the loss of the direct economy;
(iii) Resistance of the root causes of the accident, identification of evidence to the relevant units, personnel, collection of evidence that the responsible person has no job, malfunctioning or non-performance, proposing corrective measures and monitoring implementation;
(iv) A report on the handling of accidents.
No unit or person shall obstruct, reject and interfere with the investigation of administrative responsibility for road traffic accidents.
Article 15. The accident survey team shall, on the basis of a comprehensive knowledge of facts, scientific analysis and full discussion, produce a report on the handling of accidents and report to the Government of the current people.
The report on the treatment of accidents includes the following:
(i) The basic situation of the accident party and the accident unit;
(ii) Times, locations, casualty and casualty, direct economic losses and treatment of accidents;
(iii) The finding by the transport management of the public security authorities of the responsibility of the accident party leading to the causes and lessons of the accident;
(iv) Conclusions on the determination of administrative responsibilities and their justifications, based on recommendations for the treatment of those responsible;
(v) Other matters requiring clarification.
Article 16 of the survey of administrative responsibility for road traffic accidents was completed within 30 days of the accident. In exceptional cases, a 30-day extension could be extended by the security production supervision management participating in the accident survey team.
The Executive Responsibility for Road Traffic Accidents was brought to the attention of the Government of the people at the end of the proceedings by the security production supervision management of the accident survey team to submit a final report on the implementation of the relevant elements of the accident survey processing report, which was completed by the Government of the people at the current level; and a road traffic accident involving more than two units outside the same administrative region of my province, which was reported to be completed by the first-tier people's Government.
The accident units and the related responsibilities unit are military, VCB troops or are outside provinces, and the Government of the people responsible for the completion of the whole process shall transmit the report of the re-entry into their competent authorities or the same-level people's Government.
Article 18, where more than 29 deaths occurred, or in direct economic losses of more than 1.5 million yen, less than 5 million road traffic accidents, provides administrative warnings to the dismissal of dismissals, and the transfer of criminal responsibility to the judiciary.
Article 19, where more than 29 deaths occurred, or a direct economic loss of more than 3.5 million yen, less than 5 million road traffic accidents, the relevant municipalities, the main leaders of the district government or the sub-headed leaders have been granted administrative negligence, excessive, degradation until the removal of their jobs, and the transfer of criminal suspects to the judiciary to be criminalized by law:
(i) Non-Organization of the execution of road traffic accidents in the current administrative region, or unprotected and deployed inspections of major road traffic accidents identified;
(ii) Failure to take effective measures after the accident has resulted in a significant increase in the consequences of the accident;
(iii) To prevent or adjudicate the authorities concerned from concealing, false or delaying the reporting of accidents;
(iv) Obstacles, interfere with accident investigations or impede and interfere in the accountability of those responsible.
Article 20, in accordance with this provision, provides administrative disposal to the responsible person concerned, by the authorities of the provincial, municipal, district or territorial Government or the inspection department, as well as to the accident units and other relevant responsibilities units with the right to personnel management. A decision on administrative disposition should be sent to the members of the accident investigation team.
The head of the accident unit and other relevant responsible units and their direct responsibilities are not appointed by the administration (exploitation) and the accident survey team should recommend that units with the personnel management authority be subject to disciplinary action in accordance with this provision, while recommending that the relevant administrative authorities impose administrative penalties on the accident units and other related liability units or take administrative coercive measures in accordance with the law.
Article 21 takes a road traffic accident that killed more than 5 people or had a direct economic loss of more than 3.5 million yen, and the relevant city's Government must make a written inspection report to the Government of the province within 30 days of the accident.
Article 22
Article 23