Administrative Measures For The Carriage Of Goods By Road In Changsha City

Original Language Title: 长沙市道路货物运输管理办法

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(July 11, 2002, Changsha city people's Government, the 133th Executive meeting November 3, 2003, Changsha city people's Government announced, 88th) Chapter I General provisions article to regulate road freight transport operations, maintaining the goods transport market order, protect the legitimate rights and interests of operators and shippers, and promote the development of road transport in our city, Hunan province, according to the road transport regulations and related provisions, combined with the city's actual, these measures are formulated.
    Article within the administrative area of the city engaged in the management of road freight transport and road freight transport industry and management, application of this approach.
    Engaged in non-commercial carriage of goods by road shall not apply to these measures. Third road goods transport, road freight transport sector management unified management and coordinated development, the principle of equal competition, and orderly.
    Encourage large-scale, intensive management, ban regional blockade and market segmentation.
    Fourth of municipal or County (City) in the Administrative Department of people's Governments in charge of the area road freight transport, road goods transport operation management, road transport administration management of its bodies responsible for specific tasks.
    Finance, planning, industry and commerce, public security, pricing and taxation, quality and technology supervision departments in accordance with their respective responsibilities, in collaboration with road freight transport, road freight transport industry-related administrative work.
    Road transport administration management body shall, in accordance with article v of road freight transport market development needs of capacity put on the macro-control of the carriage of goods by road; cargo transport station configuration, construction and other transportation facilities and manpower planning, rational distribution, boot using the Advanced mode of organization, technology and equipment, improve the ability of the comprehensive services of carriage of goods by road.
    VI road transport administration management institutions should be subject to public supervision, and establish a reporting system, accepting complaints about road freight transport operations in a timely manner, mediating disputes that occur in road transport operations.
    Article seventh road freight transport operations referred to in this way refers to the social services, costs of road freight transport in various ways, including undertakings specializing in the carriage of goods and management of cargo transport.
    Undertakings specializing in the carriage of goods by means external to undertake cargo transport in the transport business unit or individual transport operations.
    Operating cargo transportation means carriage of the cargo of goods transport operations.
    Second chapter operators eighth article engaged in business sex road goods transport, and road goods transport auxiliary industry business of (following referred to operators), should has following basic conditions: (a) has with business business phase adapted of facilities, and equipment, and has received plate and driving card of vehicles; (ii) has with business activities phase adapted of business site; (three) has meet state traffic administration sector provides of practitioners qualification of personnel; (four) legal, and administrative regulations provides of other conditions.
    Nineth article application engaged in business sex road goods transport, and transport auxiliary industry business of, should to location of city, and district, and County (City) road shipped political management institutions submitted following file: (a) opened application book (containing feasibility argument); (ii) Enterprise articles; (three) statutory inspection funding proved; (four) accident compensation margin voucher (by Ministry provides implementation); (five) business and the Office site proved; (six) vehicles schedule and the driving card copies; (seven) management personnel and the driver of related qualification documents.
    Tenth on the application in road freight transport and road transport operation of goods road transport administration management body shall, within 15 working days from the date of acceptance of the application have been audited, application materials are true, complete and meets the conditions for the opening, road transport operators will be issued licenses.
    Road transport administration management agency not to approve or not to approve, and shall notify the applicant in writing and state the reasons. The 11th after the applicant has obtained the license for road transport operators, to the enterprise registration authority for registration formalities according to law. Engaged in the business of carriage of goods by road, the need to apply to the road transport administration management of the road transport permits issued by the vehicle.
    Road transport certificates: a bus card, onboard.
    Banning vehicles operating on the road of the road transport certificates. 12th article engaged in dangerous goods goods transport of units, except should has this approach eighth article provides of basic conditions outside, also should has following conditions: (a) is law established of corporate; (ii) has security operation management system and security operation; (three) has 10 car above dedicated vehicles of business scale; (four) has 5 years above engaged in road goods transport of management experience; (five) has following way one of of lost pay capacity guarantee: 1, and
    Deposited in a designated bank account not less than 400,000 yuan in compensation costs; 2 claim costs, provided not less than the amount of the guarantee; 3, handled at least ability to pay deposit insurance.
    13th article engaged in road freight trading market, and goods transport business sex motor vehicle parking business of, except should has this approach eighth article provides of basic conditions outside, also should has following conditions: (a) established road freight trading market must has many Yu 2000 square meters of closed, and hardening of parking, has 500 square meters above of permanent warehouse, has for stowage industry households entry business of business with room, has with scale phase adapted of for owners, and owner provides accommodation of places;
    (B) the establishment of a closed freight car park with more than 500 square meters, hardened parked; (c) established freight forwarding market and freight car park shall have appropriate access to and the necessary security, fire-fighting facilities.
    14th logistics services, in addition to basic conditions under article eighth of this approach should also have more than three levels (with three levels) cargo transportation business qualifications, related conditions and logistics services.
    15th the applicant access to the road transport business within 180 days of the date when not engaged in licensed operation of the carriage of goods by road, of the road transport operators permit shall automatically cease, the original applicant of the road transport operators permit should be returned to the issuing agency.
    16th road goods transport operators change scope, merger, Division, transfer, should be to the original examination and approval or approval agency for change; establishing a branch, changes to the business areas, changing the name, legal representative, the registered capital shall be submitted to the original examination and approval record.
    Suspension, resumption or closure of the road freight transport operators, should be 30th in advance to the original examination and approval, approval bodies for the suspension, resumption or closure procedures.
    17th business operator shall, in accordance with the national regulations for vehicle inspection and maintenance, maintain vehicle appearance neat, fully equipped, in good condition; transport vehicle shall conform to technical standards and environmental requirements.
    Operator shall, in accordance with the approved limits cargo loading of vehicles shall not be overloading.
    18th the operator shall, in accordance with the relevant price policies, fees and standards published in the site. 19th business operator shall pay the tax.
    Road freight transport operations must use road freight transport, road freight transport support services invoices.
    20th road goods transport drivers, dangerous goods transport operators shall have the qualifications prescribed by the State's vocational and technical training institutions receive training, after passing the examination by the road transport administration management bodies, issuance of the qualification certificate or the certificate, certified. 21st business operators must submit to the people's Governments above the county level flood control, flood control, emergency rescue, disaster relief and military emergency scheduling.
    To complete the emergency road freight transport operators should be given compensation.
    Chapter III transport of goods article 22nd road freight transport services including general cargo transportation, removal of transport, cargo transport, transport of dangerous goods, containers, bulk cargo transport, less-than-truckload freight transportation, refrigerated transport, and so on.
    23rd road consignment of goods transport should be based on fair competition, the principle of supporting the two parties signed the contract of carriage.
    No unit or individual shall supply blockade, the monopolies. 24th article this is applied at night in the city transportation system.
    Municipal Government under urban traffic conditions, provisions prohibited, such as vehicle type, region, section, time, and announced in due course.
    Goods receipt units or individuals should be combined with night-time freight transport system in urban area, applied at night receipts. Moving and transportation vehicles in the city operate, shall comply with the transportation system at night.
    The night move inconvenienced, should 8:30 to 11:30 or 12:30 to 14:00 (July 1 to September 30 could be extended to 14:30) or 15:00 to 17:00 handling is completed during the period.
    25th move transport operators should be according to the road transport administration management business scope approved by the Agency. Moving transport vehicles should signal gantry above the inside device produced by the road transport administration management organization to co-ordinate operations signs.
    Moving transport loading staff in ensuring the security situation, along with the peer.
    26th less-than-carload goods transport vehicles can determine their own lines, suspension LTL line cards and fixed lines, fixed, fixed operations; Van Van seat of the carriage of goods by commodity markets, not in disguise, in passenger transport, shall not exceed the authorized number of personnel contained.
    27th container transport, refrigerated transport, large object transportation in accordance with the relevant provisions of the State Transportation Department operations.
    28th by the city and County (City) Road Transit Administration operates in cargo transportation of freight vehicles to body fixed printing unit names, road transport administration management supervision, cargo transport, unified identity.
    29th article freight taxi implemented total control and company of, and scale, and professional business, right through public enrollment bid way free, and has term made, its vehicles must unified installation freight taxi dedicated Dome light, and tax control pricing device, posted price signed, set driver service card, and playing table meter drive, is strictly prohibited refusing; commodity trading market, and wholesale market, and goods distributed to should for freight taxi into field within waiting contains operating provides convenient. 30th operators should be responsible for the carriage of goods.
    The shipper of the goods shall be in accordance with the relevant provisions of the transport of goods completed consignment note, packing pieces, description, specifications and other requirements to be filled in, not carrying prohibited items in the cargo.
    31st of the fourth chapter of goods transport operation of goods transport operation including transportation and handling, freight forwarders, cargo stowage information services, logistics services, transport services, freight forwarding market, freight car park, cargo storage, cleaning, sent automobile and other vehicles.
    32nd approved, road transport administration management bodies in the goods market, the freight parking lot, commodity markets, ports, railway stations and supply distribution center to send freight auxiliary business management.
    Article 33rd loading operators must comply with the following provisions: (a) staff must sign a valid labor contract, (ii) should urge the workers ' adherence to operating rules, insist on production and ensure the quality of handling and (iii) engaged in the loading and unloading of dangerous goods, should strictly abide by the State related to loading and unloading of dangerous goods regulations.
    Article 34th freight forwarding cargo operators, road transport administration management companies approved by the freight market in business.
    35th Logistics Park (Center), freight forwarding market, cargo parking lot air cargo market should be in accordance with the master plan, by the city and County (City) traffic administrative departments, for the establishment plan, after the authorities agreed, according to the approving authority submitted to the municipal or County (City) for approval, and report to the traffic administrative department level on record.
    Logistics Park (Centre), the freight market, freight parking lot construction of the freight market, shall conform to the planning of road transport station.
    Logistics Park (Centre), the freight market, freight market opened for cargo parking shall comply with relevant regulations of the State, city and County (City) issued by the road transport administration management body for the road transport operators license, industrial and commercial registration, license before they can operate.
    Logistics Park (Centre), the freight market, freight-car park upon the establishment of such freight markets, generally no longer change their nature, change requires the prior approval of the traffic management Department, and a 90-day community bulletin.
    Logistics Park (Center), freight forwarding market, cargo freight markets such as car park operator should be urged to enter households of legitimate business, shall not be accepted without the business operating in road transport vehicles and non-road transport certificates into stowage.
    36th transport operators under the road transport of goods stipulated by the license scope and operation, without the city and County (City) approval of the road transport administration management bodies, without changing or setting up subsidiaries.
    37th fifth chapter legal liability does not apply for the business without authorization, engage in business professional in road transport road freight transport, goods transport, by road transport administration management body shall be ordered to desist from the illegal act, confiscate the illegal income, with more than 5000 10000 Yuan fine, if the circumstances are serious, shall be ordered to stop operation of the vehicle.
    38th (business) production, sale, wholesale, service units engaged in commercial transport vehicles, not to handle the management of cargo transport business without transport in road transport, by road transport administration authorities confiscated, illegal gains and and twice fined who refuses to accept or continue to engage in business activities, to order the suspension of operation of the vehicle.
    39th article violation this approach provides, has following behavior one of of, by road shipped political management institutions ordered corrected, depending on plot weight, be warning, and detained vehicles operating documents, and sentenced 200 Yuan above 500 Yuan following of fine: (a) not by provides spray printing business sex since goods transport unified identifies and not device moved transport operating logo brand of; (ii) goods transport auxiliary industry operators unauthorized change business locations, and range or established branch institutions of;
    (C) the cargo pilot management requirements by industry metered.
    Article 40th operating cargo handling vehicles, go beyond the scope of business approved in road transport business, engage in business specializing in the transport of goods, by road transport administration management agency ordered corrective action, depending on the seriousness, detained for working documents, and a fine of less than 300 yuan more than 1000 Yuan fine.
    The 41st national uses is not provided for under article number plates, driving license or scrap vehicles engaged in the carriage of goods, by the public security traffic police penalties; business cargo of scrap vehicles, delivered by the road administration shall administer punishment, to order the suspension of operation of the vehicle.
    Goods transport vehicles violating the night freight regulations, during the forbidden hours into forbidden areas, sections, by the public security traffic police penalties.
    42nd transportation Administration Department and road transport administration management agencies and managers in the departments concerned, time limit for approval in accordance with this regulation and approval or deliberate omissions, abuse of power, negligence, malpractice, or higher authority be given administrative sanctions by the unit constitutes a crime, criminal responsibility shall be investigated according to law.
    43rd party refuses to accept the decision on administrative penalty law may apply for reconsideration, institute proceedings, if no application for reconsideration, nor performs the decision not to prosecute, by making the decision apply to the people's Court for compulsory execution.
                                        Sixth chapter supplementary articles article 44th these measures come into force on December 10, 2003.