Hainan Provincial People's Government On The Revision Of The Decision Of The Qiongzhou Straits Ferry Transport Regulations

Original Language Title: 海南省人民政府关于修改《琼州海峡轮渡运输管理规定》的决定

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(August 5, 2005 Standing Committee of the Hainan Provincial people's Government for the 69th review on August 31, 2005, 193th, of the Hainan Provincial people's Government announced come into force on the date of promulgation), the first article is revised as follows: "to strengthen the qiongzhou Straits ferry, transport management, maintain normal order of transport, under the People's Republic of China ports act and the People's Republic of China water control and other relevant laws and regulations, this provision is enacted.
    "Second, the second is revised as follows:" in the qiongzhou Strait engaged in commercial passenger ships, ro-ro ships (including train ferries of a ro-ro ship) ferry transport, as well as provide facilities for ferry transport and sea transport service, and these provisions shall apply. Sea transport services in these rules refers to in the qiongzhou Strait ferry transportation shipping agency business, passenger and freight transport business. "Three, and fourth article modified for:", Hainan Province, Joan State Strait ferry transport management office (following referred to Strait do) perform following duties: (a) is responsible for implement implementation about legal, and regulations, and regulations and normative file; (ii) coordination processing Hong Kong airlines Zhijian engaged in Joan State Strait ferry transport in the of disputes; (three) regularly announced Strait ferry scheduling schedule, organization, and guide Hong Kong airlines Enterprise do travel convergence, and transportation work, maintenance Strait transport order; (four) according to Strait ferry transport of reality, Propose measures to strengthen transport management, reported that traffic in two provinces for approval by the Administrative Department (v) based on the traffic Administrative Department of entrusted, to investigate and punish acts contrary to the transportation market management provisions of the Straits. "Four, fifth is amended as:" the qiongzhou Straits ferry transport shipping companies, ships, must go through two traffic administration departments for approval.
    Shipping companies registered in Hainan Province, should be to the Administrative Department for industry and commerce business license in Hainan Province, to the competent departments for examination and approval procedures of Hainan Provincial communications administration; shipping companies registered with the Guangdong Province, must go to the competent departments for examination and approval procedures of the traffic administration in Guangdong Province, Guangdong Province, then take the approval documents to the Administrative Department for industry and commerce business license.
    Ships engaged in qiongzhou Strait ferry transport, must have a shipping service transport licence before they can operate.
    Without a licence and for a ship operating transport card, may engage in the qiongzhou Straits ferry transport. In Hainan's qiongzhou Straits ferry sea transport services, should go to the Administrative Department for industry and commerce business license, to the provincial transport Administration Department for sea transport services license.
    "Five, sixth is amended as:" the qiongzhou Straits ferry transport ships, and to provide port facilities and transport services to businesses or persons, should be subject to industry Management Office of the Taiwan Straits. Passenger transport, ships, routes and fixed schedules, fixed time, fixed terminals.
    Shall not be unreasonably lost trips or earlier, delay departure.
    Port operators should abide by the People's Republic of China ports relevant provisions of the law, shall perform the obligations stipulated in the contract, to provide fair, good service, and shall not commit acts of monopolization and unfair competition.
    Port business people must according to two province Strait do common prepared, and announced of passenger schedule and the guest roll ship of operating order reasonable arrangements berth, and on ship reasonable stowage, and Mount for monitoring, to prevent ship overload; passenger according to provides of Schedule run, guest roll ship according to ship to Hong Kong of has order uninstall; in weather effect and the other special situation Xia should obey Strait do of temporary arrangements. Sea transport service enterprise is not entrusted to forcibly agency business and not engaged in business activities by means of unfair competition.
    "Six, seventh revised as follows:" ferry transport tariff by transport enterprises based on production and operation cost and market demand and supply, 30th in advance to the public, according to the relevant procedures for filing. Visitors to implement a vote over the sea.
    Passenger tickets, cargo rolled shipments by province the Straits in accordance with the relevant provisions of the consolidated printing, distribution and management. Port operators and management unit shall, in accordance with the provisions of the fee items and charges. "Seven and eighth amended to read:" ship operators, port operators should educate staff to establish a good work ethic fashion, culture management, quality service, regular maintenance and inspections of ships, port facilities, testing, ensure that the equipment, facilities, safe and effective, strengthen management and security work, maintain order and security of passengers, vehicles. No private LAN passengers, vehicles and cargo on board. Prohibit the use of works received, fees, extortion of money; no hot for passengers, shippers and drivers, and so on. "Eight, and in eighth article behind increased a article, as Nineth article:" occurred ship deliberately jam channel, and port or serious effect passenger, and vehicles upper and lower and other ship by parking, or unauthorized using boat received connection passenger, may raised security accident, situation emergency Shi, Strait do can take measures ordered temporarily suspended, and and immediately to has jurisdiction right or has duties of government sector report.
    "Nine, the Nineth into fourth and fifth. Ten, tenth revised to read: "without approval, arbitrarily engaged in qiongzhou Strait ferry transport or transport services, ordered to stop the illegal trading, fined 30,000 yuan and 250,000 yuan fine. "The third, 11th modified to:" port operators, waterway transport service enterprise and its staff in the business activities of monopolistic behavior or use of dominant position for acts of unfair competition, in accordance with the provisions of relevant laws and administrative rules and legal responsibilities. Has following behavior one of of, according to following provides punishment: (a) port business people not according to two province Strait do developed schedule and stowage programme arrangements berth job of, sentenced 2000 Yuan of fine; (ii) port business people, and waterway transport service enterprise forced agent service of, sentenced 10,000 yuan above 100,000 yuan following of fine; (three) ship not obey stowage management, passenger for no reason trips or ahead of, and delay sailing of, depending on plot weight, on its business people give warning or sentenced 2000 Yuan of fine. "12, and 12th article modified for:" ship business people, and port business people and staff private range Rover passenger, and vehicles, and goods aboard, or using invalidated, and return votes, and received money not to votes of, or using work of will received money real, and charges, and extortion driver, and owner, and passenger of, ordered its returned illegal proceeds, on ship business people, and port business people sentenced 2000 Yuan fine or sentenced illegal proceeds 3 times times of fine. "13, 13th revised to read:" ship operators, port operators, waterway transport service enterprise does not use unified bills, collection of the instrument, and depending on the seriousness, given a warning or a fine of up to 10,000 yuan fine not to launch a cross harbour provision, shall be ordered to immediately correct, punishable by fines illegal gains 3 times. "14, 13th behind the addition of an article, as the 14th:" ship operators, port operator, surface transport services enterprises failing to pay fees, ordered to pay; if not paid, and in addition shall be ordered to pay the arrears plus the owed payment more than 1 time fined not more than 3 times.
    "Section XV, by deleting the 14th and 15th. 16, 16th is amended as: "the punished person does not accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    "17, by deleting the 18th, 19th and 20th. 18, 21st is revised as follows: "these provisions come into force on the date of promulgation.
    "19, provisions relating to text, adjusted accordingly.
    20, as of the date of promulgation of the present decision.
                                21, the qiongzhou Straits ferry transport regulations revised according to this decision, republished.