Shandong Provincial Water Transport Safety Regulatory Regime (As Amended In 2004)

Original Language Title: 山东省水路运输安全管理办法(2004年修正本)

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(Released November 22, 2000, Shandong provincial people's Government, the 113th according to 172th amendment of July 15, 2004, Shandong province) first to strengthen safety management of water transport, protect the country and people's life and property safety, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Article in the province engaged in water transportation activities within the administrative area of units and individuals, must comply with these measures.
    Third waterway transportation security administration should implement the policy of safety first, prevention, adhere to who is in charge, who is in charge of and the territoriality principle of unified management, establish and improve and strictly implement the responsibility system for production safety.
    Fourth section within the respective administrative areas and local people's Governments at or above the county level shall strengthen the safety of sea transport direction and supervision; transportation departments of people's Governments at above county level shall be responsible for the waterway transport safety management work in the administrative area, port of its institutions in discharging their management responsibilities.
    Township and town people's Governments in charge of shipping in Township, pontoon ferries, sea transport security, and set appropriate agencies or persons engaged in specific management work.
    Fifth sea transport routes operate, must first apply to the Transportation Department made sea transport business licenses and approved within the scope of business. Business licensing implementation of testing system of water transport.
    Qualified through testing, safety operating conditions may continue to operate. Sixth sea-transport operator shall operate, with safety, convenience, and quality service to the community.
    The principals fully responsible to safety within the scope of its operations. Waterway transport operators, the legitimate rights and interests protected by law.
    Without authorization, no unit or individual is allowed to set up checked posts, fees, penalties and illegal interception, inspection ships.
    Seventh sea transport operators to strictly abide by the sea transport safety rules and safety operation regulation, strengthen the management of ship, facilities and personnel, strictly implement the safety responsibility system. Eighth sea transport operators must be in accordance with the approved ship, routes, frequency, port (station,) visitors, tourism and container shipping, are not allowed to cancel, alter or increase, decrease, routes, frequency and port (station, point).
    Do have to cancel, alter or increase, decrease, 30th apply to the approval authority in advance, at least 7th announcement after approval.
    Factors such as suspended passenger service due to force majeure, shall be announced in time, and the passengers full refunds.
    Nineth engaged in transport of passengers by sea transport, ro-ro ships, in accordance with the rules of the safe operation of ships and for pollution prevention (ISM Code) to establish a safety management system, clear internal job rights, develop safety management system, management procedures, emergency response and environmental protection goals.
    Tenth engaged in ship building and repairing, technical approval must be approved by the inspection body. Ship design drawings must be approved by the inspection bodies to inspect, review.
    Without the inspection, examination or test, failed to pass the examination may not be sold and used.
    11th ship navigation, operations, must be in possession of a valid certificate, equipped with effective fire protection, rescue, emergency facilities, seaworthiness with national requirements.
    Ro-ro ships, cargo ships navigation, operations, except in accordance with the preceding paragraph shall, effective measures must also be taken.
    Is strictly prohibited without a ship's certificate, a boat name boat number, port of registry of the ship, work-free.
    12th except as otherwise provided by the State, single ship sea transport operator and does not have the vessel inspection agency approved seven wind resistance performance of ship shall not be engaged in the international and interprovincial carriage of passengers.
    Motorboats shall not be engaged in transport of passengers by sea; engage in tourism activities on the water, must be carried out in the waters of port and shipping agencies.
    13th article ship sailing, and parked, and job Shi, shall not implementation following behavior: (a) super guest, and overload, and Super drag, and Super airlines district, and Super anti-wind grade sailing; (ii) non-passenger ship passenger; (three) not meet night conditions of ship night; (four) against other ship transport security and water Shang facilities, and dike security; (five) illegal shipment flammable, and easy burst, and toxic, and harmful items; (six) other against waterway transport security of behavior.
    Article 14th served in the ship's crew must accept security, in accordance with national and provincial professional training exam, and after obtaining the appropriate valid certificate of competency certificates.
    Captain except as prescribed in the preceding paragraph obtain appropriate certificates of competency, must also possess a strong sense of safety consciousness and the ability of the management, command and control ship, and abundant water sailing experience.
    15th master must strictly comply with the relevant safety regulations and the system of transport, crew complete control of ship technical condition and quality inspection, implementation of ship security duties, effective command distress relief ship operations and ship, and the ship's direct responsibility for the management and safe driving.
    16th chief engineer must have complete control of the engine room equipment performance and health, organization engineering staff for equipment maintenance in a timely manner, timely command and Marine officers up and proper operation of emergency equipment, and turbines were directly responsible for the safe operation of the ship.
    17th crew except the captain and Chief Engineer, you must master the skill and performance of job duties, strictly abide by the rules and code of practice on duty and directly responsible for this position of safety.
    18th new construction, renovation or expansion ports, terminals, the construction unit shall apply to local port and step by step by port and shipping agencies reported to the provincial transportation departments for examination and approval, national and provincial departments for approval.
    Without prior review and approval, no unit or individual is allowed to build ports, terminals.
    19th ports or other freight terminals, or for operating without a water transportation eligibility or go beyond the scope of ship loading and unloading cargo shall not be unilaterally changed the ports and terminals.
    Fishing ports, shippers, port and waterway transport business must be according to the procedure step by step approved by the provincial Transportation Department.
    20th engaged in passenger transport and tourism transport port, port, bus station, ferry, based on passenger traffic should be set corresponding emergency, waiting, ticket sales and other service facilities.
    21st no unit or individual shall, within the port waters and waterways dumping waste, aquaculture, fishing and planting shoals plant and engaged in other activities affecting the safety of sea transport. Aquaculture waters, shoals plant invasion ports and waterways, maritime agencies ordered to farming households by jurisdictions within a cleanup.
    Local people's Governments shall arrange public security, fisheries and other sectors to help clear.
    22nd and navigable waters in the port waters and underwater construction or impede waterways transportation security operations, activities, construction or organizer must be submitted to district approval of the maritime and port authority and maritime, port and shipping authority NOTAM or navigational warnings.
    Flood, flood affected waterways is safe, the departments concerned should inform the port authority in advance, and assistance to take the necessary measures to ensure the safety water transport.
    23rd sea transport operators must comply with State regulations on the transport of dangerous goods and in accordance with the regulations on dangerous goods check passengers. No unit or individual shall not violate the provisions of carrying dangerous goods or his announcement of banned items to enter, by boat.
    Consignments of dangerous goods must be in accordance with the transportation of dangerous goods regulations shall not be false names, to hide the goods or general cargo carrying dangerous goods.
    24th the ship, facilities dead or in distress traffic accidents and endanger the safety of vessels and installations, ships, facilities and their owners, operators must take immediate emergency measures such as rescue, help organizations and promptly report to the nearest search and rescue centre or maritime agency. Search and rescue centre or maritime authorities after receiving the report, must be immediately organized rescue. Local people's Governments and relevant departments and units must take effective measures to fully and timely assistance.
    Departments, units and nearby vessels and installations must be subjected to search and rescue centre or maritime agencies unified command. 25th article violation this approach of, by traffic competent sector or its delegate of Hong Kong airlines institutions by following provides be processing: (a) violation this approach fifth article provides of, be warning, ordered deadline corrected, and can at 10,000 yuan following fine; (ii) violation this approach sixth article second paragraph provides of, be warning, ordered stop violations, and can at 30,000 yuan following fine. On about responsibility personnel, should law held its administrative responsibility; (three) violation this approach tenth article, and 19th article provides of, ordered stop violations, and can at 2000 Yuan above 20,000 yuan following fine; (four) violation this approach 11th article second paragraph provides of, ordered corrected, and can at 30,000 yuan following fine; (five) violation this approach 11th article third paragraph provides of, on sailing, and job of ship be confiscated, and can on ship all at ship price twice times following fine; (six) violation this approach 18th article provides of,
    Be ordered to desist from the illegal act, restitution and a fine of between 10,000 yuan and 30,000 yuan.
    Administrative penalties stipulated in violation of waterborne transport safety management, is provided for by laws and regulations, from its provisions.
    26th in violation of provisions of article 24th of this approach, shall be investigated for their economic and administrative responsibilities; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    27th sea transportation safety law enforcement negligence, abuse of power, favoritism and does not constitute a crime, administrative sanctions by their work units or by the competent departments constitutes a crime, criminal responsibility shall be investigated according to law.
    28th units and individuals engaged in fishing activities, as well as for fisheries vessels and installations, ports, terminals, relevant national provisions shall be applicable.
                                                Article 29th of this approach, since as of the date of promulgation.