Department of transportation decided to road freight transport and station management regulations (Transportation Department order 2012 1th) read as follows: First, the sixth paragraph (a) 1th is revised as follows: "1. vehicle technical requirements should be consistent with the road transportation vehicle technical regulations relevant provisions.
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Second, the eighth "applies to engage in the road freight transport operations, should apply to the road transport authority at the county level, and provide the following materials" is amended as "applied for road freight transport operations, it shall after relevant registration formalities with the industrial and commercial administrative authority, to apply to the road transport authority at the county level, and provide the following materials".
(C) "vehicle inspection certificates" amended to read "vehicle technology assessment".
Third, the Nineth "apply for freight station operated, shall apply to the road transport administration at the county level, and provide the following materials" is amended as "apply for freight station operated, it shall after relevant registration formalities with the industrial and commercial administrative authority, to apply to the road transport authority at the county level, and provide the following materials".
Four, delete article 14th.
Chapter five, delete the third and 68th, 69th, 71st and 74th article.
VI in the 55th after the articles, as follows: "The road transport authorities above the county level should be regularly testing the freight vehicles, testing once a year.
Testing grading includes vehicle technology, changes in the structure and dimensions of vehicles and violation records. Certification meets the requirements of the road transport authority in the road transport certificates, examine records or IC cards indicate; do not meet the requirements, shall be ordered to correct or change procedures.
” Section seven, 74th (b) "not in accordance with the relevant provisions of the State in the vehicle traveling data recorder that is installed on;"
Amended to read "in accordance with relevant regulations of the State in accordance with the standards of the freight vehicle has a satellite positioning device for recording".
Provision number is adjusted accordingly.
This decision shall come into force April 11, 2016.
The road goods transport and station management rules in accordance with this decision be amended accordingly promulgated anew.
Carriage of goods by road and station management regulations (On June 16, 2005 Ministry released according to on July 23, 2008 traffic Transport Department on modified straddling road goods transport and the station field management provides of decided first times amendment according to on April 20, 2009 traffic Transport Department on modified straddling road goods transport and the station field management provides of decided second times amendment according to March 14, 2012 traffic Transport Department on modified straddling road goods transport and the station field management provides of decided third times amendment
On April 11, 2016, the Ministry of transport the modification of road freight transport and station management regulations, the decision of the Fourth Amendment)
Chapter I General provisions
First to regulate road freight transport and road freight transport station (farm) management, maintaining the order of road freight transport market, road freight transport safety, protection of road freight transport and road freight transport station (field) the legitimate rights and interests of the parties, in accordance with the People's Republic of China Road transport regulations and the provisions of relevant laws and administrative regulations, this provision is enacted.
Second engaged in the carriage of goods by road and the road freight transport station (farm) operated, shall comply with this regulation. Road freight transport operations mentioned in these regulations, means to provide public services, road freight transport activity of a commercial nature.
Road freight transport by road General freight, road freight and special transport, road transport of large objects and road transport of dangerous goods.
Special road freight transport in these rules, refers to the use of containers, cold storage equipment and special vehicles such as tank-containers for transportation of goods.
Road freight transport station in these rules (field) (hereinafter "the Terminal"), refers to the facility based on the community to provide paid services, warehousing, storage, loading, information services, loading and unloading, cargo handling and other functions of the General cargo terminal (), less-than-truckload freight stations, container freight station, logistics centers and other locations.
Third way cargo transportation and air cargo terminal operators shall operate, honesty and credit, fair competition.
Road freight transport management should be fair, just, open and accessible. Fourth to encourage intensive road freight transport and network management.
Encourages the use of containers, closed vans and multi-axle heavy truck transport.
Fifth, head of the national carriage of goods by road and the air cargo terminal of transport management.
Local people's Governments at or above the county level transportation departments in charge of organization and leadership of the administrative areas of road freight transport and terminal management.
Road transport authorities above the county level the concrete implementation of this administrative area of road freight transport and terminal management.
Chapter II business license
Sixth application for road freight transport operations, subject to the following conditions:
(A) its operations and inspection of transport vehicles: 1. vehicle technical requirements shall be in conformity with the road transportation vehicle technical regulations relevant provisions.
2. vehicle requirements:
(1) the transport operators engaged in large-scale objects, should be commensurate with transporting large objects, super heavy trains;
(2) engaged in cold storage, tank containers, such as special transportation, dedicated container should have adapted to transport goods, equipment, facilities and vehicles in a retention; (3) engaged in container transportation, vehicle turn-lock device should also have a fixed container.
(B) meet the required conditions of the driver:
1. corresponding to the driving of motor vehicle driver's license;
2. age less than 60 years of age;
3. the district's municipal transport authority on the carriage of goods by road regulations, vehicle maintenance and goods and basic knowledge for load retention test to qualify for and obtain qualification.
(C) improve the safety management system, including the safe production responsibility system, safety in business operation, work safety supervision and inspection system, driver and vehicle safety management system.
Article seventh cargo terminal operations, subject to the following conditions:
(A) its scale of production scheduling in the Terminal room, offices, information management centres, warehouses, storage sheds, site and road facilities, engineering and acceptance of relevant government departments and organizations;
(B) its business scale of security, communications, fire control, handling and measuring equipment;
(C) its business scale, managers and professionals adapting to the business category;
(D) have a sound business practice and safety management systems.
Eighth article applies to engage in the road freight transport operations, it shall after relevant registration formalities with the industrial and commercial administrative authority, to apply to the road transport authority at the county level, and include the following materials:
(A) of the road freight transport operator application form (see annex 1);
(B) the owner identification, Attn proof of identity and the power of Attorney;
(C) the motor vehicle driving license copy of conclusion grading, vehicle technology to be put into transport vehicles undertaking, the undertaking should include the number of vehicles, type, performance, time and other information;
(D) hired or intended to hire a driver's motor vehicle driving license, qualification certificate and its copy;
(V) the text of the safety management system;
(F) the laws, regulations and other materials.
Section Nineth engaged in terminal operations, it shall after relevant registration formalities with the industrial and commercial administrative authority, to apply to the road transport authority at the county level, and include the following materials:
(A) the carriage of goods by road (farm) management application form (see annex 2);
(B) the owner identification, Attn proof of identity and the power of Attorney;
(C) the operation of road freight terminal land, legal proof of the House;
(D) cargo terminal acceptance certificates;
(V) adapt to business professionals and managers of personal identity certificates, professional certificates;
(F) operational procedures and safety production management system of text.
Road transport management body shall, in accordance with article XI of the People's Republic of China Road transportation communications administrative license procedures for the implementation of the provisions of the Ordinance and these standardized procedures for the implementation of road freight transport operations and the air cargo terminal business of administrative licensing.
11th road transport road freight management application to be accepted by the authorities, should be made effective as of the date of acceptance in the 20th approval or disapproval decision; road transport freight terminal management application to be accepted by the authorities, should be made from the date of acceptance of the 15th approval or disapproval of the decision. 12th road transportation management agencies to comply with the statutory conditions of road freight transport operators apply for a decision on approving an administrative license is made shall issue a written decision of administrative licensing of the road freight transport operations (see annex 3), explicit permission.
10th within the road transport operators permit issued to the licensee, indicated on the operating range of the road transport operators permit. Road transportation management agencies to comply with the statutory conditions of the cargo terminal business apply for a decision on approving an administrative license is made, shall be issued by the road freight transport station (field) book of business licensing (see annex 4), explicit permission.
10th within the road transport operators permit issued to the licensee, indicated on the operating range of the road transport operators permit.
No permission for carriage of goods by road and the air cargo terminal business, no communications administrative license shall be issued to the applicant of decision. 13th licensee shall in accordance with the requirements of the commitment into transport vehicles.
Purchase of vehicles or vehicles have been verified by the road transport authority and in accordance with the conditions, road transport management institutions to invest in the transport vehicle allotment road transport certificates.
14th road goods transport operators to set up subsidiaries, shall apply to the establishment of the road transport administration license; set up branch offices, should take to the road transport authority report.
15th engaged in freight agent (agent) and other freight-related service providers, it should be to the industrial and commercial administration authorities for relevant registration formalities according to law, and take the relevant registration documents to set up road transport authority record.
16th road freight and air cargo terminal operators need terminates its operation, shall be notified prior to the termination date of 30th original licensed road transport authority and the relevant cancellation procedures.
17th road cargo transport operators change the licensing, expanded its scope of business, according to the licensing requirements of this chapter shall be followed.
Road freight transport and terminal operators to change the name, address, and so on, should be made to the road transport administration for the record of the original licensing decisions.
Chapter III freight management
18th road goods transport operators shall, in accordance with the scope of business approved road transport engaged in cargo transport business, shall not transfer, lease of road transport business licenses.
19th road freight transport in China should carry out regular safety, education, and business knowledge and practice for training.
20th road cargo transport operator shall, in accordance with relevant regulations of the State in its heavy freight vehicles, installed on the tractor, used digital tachograph, and to take effective measures to prevent the driver continued driving for more than 4 hours.
21st road goods transport operators should be required to hire vehicle drivers onboard of the road transport certificates.
The road transport permits may not be transferred, leased, altered or forged.
22nd road goods transport operators shall employ drivers holding a qualification certificate. 23rd operating driver should be driving vehicles corresponding to their qualification category.
While driving commercial vehicles, should carry a qualification certificate. 24th approved for the transport of goods shall conform to the vehicle load, loading length, width and height must not violate the filling requirements.
Prohibition of cargo overloaded, overloaded transport vehicles in violation of the relevant provisions.
Prohibiting the use of freight vehicles to transport passengers. 25th road goods transport operators, transport large object, should develop road transport organization scheme.
Involving the transport of excess shall enact overlimit traffic, traffic, highway regulations for appropriate approval procedures.
Article 26th engaged in large object transportation vehicles, shall, in accordance with required unified signs and flying the flag; night driving and parking at rest should sign.
27th road cargo transport operator shall not transport laws and administrative regulations prohibit transport of goods.
Road freight transport operator acceptance of laws, administrative regulations, restricted, voucher, transport of goods, shall check and verify that the relevant procedures are complete and valid before they can transport.
The shipper of the goods shall, in accordance with the relevant laws and administrative regulations restricted, voucher, transport facilitation. 28th road goods transport operators shall not take unfair means to solicit goods and monopoly supply.
Shall not impede the transport of other cargo operators to carry out normal business activities.
Road goods transport operators should take effective measures to prevent deterioration, rot, shortage or damage of goods.
29th road goods transport operators and shippers of goods shall, in accordance with the requirements of the law of contract, enter into contract of carriage of goods by road.
Road freight transport can be promulgated by the Ministry of the automobile cargo transportation rules recommended by road freight waybills entered into a contract of carriage. 30th State encourages a closed type and transport.
Road freight transport operators should take effective measures to prevent goods shed, young Isaac and other conditions. 31st road goods transport operators shall draw up the relevant traffic accidents, natural disasters, public health, road transport and other public emergency contingency plans.
Contingency plans should include reporting procedures, emergency, emergency vehicles and equipment reserves and the disposal measures, and so on.
Article 32nd traffic accidents, natural disasters, public health and other public emergencies, road freight transport operators should be subject to above the county level people's Government or the relevant Department of the control, command.
33rd road goods transport operators should strictly abide by relevant State pricing laws, regulations and rules provides that no malicious price competition.
The fourth chapter terminal operations management
34th air cargo terminal operators shall operate in accordance with license approved by the licensing should not be arbitrarily changes in user and Terminal Services.
35th air cargo terminal operators shall strengthen safety management, improve work safety conditions, to improve and implement the responsibility system for production safety.
For outbound vehicles air cargo terminal operators should conduct security checks to prevent overloading vehicles or vehicles without security checks to ensure safety.
36th air cargo terminal operators shall be in accordance with the nature of the goods, storage requirement store, the dangerous goods shall be kept separate to ensure that goods are intact.
37th transport packaging of the goods shall, in accordance with national standards for transport of goods packaging operations, packaging and packaging technology and quality to meet the transportation requirements. 38th air cargo terminal operators shall comply with the requirements of business practice for the loading of goods.
Transportation and handling operations should be light, light relief, a tidy, prevents mixing, leakage, damage, non-toxic, pollution items mixed with food. 39th air cargo terminal operators shall strictly implement the provisions prices, items and charges published in the site.
Fees is strictly prohibited.
40th entering the terminal operating business operators and vehicles operating procedures must be complete.
Terminal operators should be fair to use the Terminal road cargo transport operator, prohibit unlicensed vehicles stop engaging in business activities, without any justified reason, shall not refuse to stop road freight transport operators engaged in business activities.
41st air cargo terminal operators shall not be monopoly source, grab the goods and seizure of the goods.
42nd air cargo terminal to maintain clean, service signs stand out.
Article 43rd air cargo terminal operators to operate cargo services should adhere to the voluntary principle, supply and capacity information provided shall be true and accurate.
44th air cargo terminal operator shall not overload, overload distribution, or for non-road transport operators permit or license is not providing services shall not violate the relevant provisions of the State, for vehicle loading and unloading country prohibited, and restricted items. 45th air cargo terminal operators shall draw up the relevant public emergency contingency plans.
Contingency plans should include reporting procedures, emergency, emergency vehicles and equipment reserves and the disposal measures, and so on.
46th air cargo terminal operators shall set up and perfect the various ledgers and files, and to submit the relevant information as required.
The fifth chapter, supervision and inspection
47th road transportation management agencies should be strengthened to road freight transport operations and the air cargo terminal business activities of supervision and inspection.
Road transport authority staff should be strictly in accordance with the terms and legal procedures for the supervision and inspection. 48th road transport authorities above the county level should be regularly testing the freight vehicles, testing once a year.
Testing grading includes vehicle technology, changes in the structure and dimensions of vehicles and violation records.
Certification meets the requirements of the road transport authority in the road transport certificates, examine records or IC card indicated; do not meet the requirements, shall be ordered to correct or change procedures. 49th road transportation management agencies and their staff should focus in cargo terminals, cargo distribution on road goods transport, cargo terminal operations supervision and inspection.
In addition, according to management, supervision and inspection at the highway crossing, road transport vehicles should not be blocked to normal traffic, no two-way intercept vehicles are checked.
50th road transport management agency staff when conducting supervision and inspection, there should be 2 or more persons to participate in, and presented to the parties the Ministry of transport and a unified system of traffic law enforcement documents. 51st road transportation management staff will be able to check and personal information, review and copy relevant materials.
However, shall keep confidential the business secrets of the units and individuals under investigation.
Supervision and inspection of the units and individuals shall be subject to road transport management body and its staff shall implement supervision and inspection, provide relevant information or data.
52nd road transport managers in the Terminal, cargo distribution in the process of conducting supervision and inspection, find freight vehicle overloading should be stopped immediately, load in accordance with standard rear release.
53rd road goods transport operators in the road transportation management of the licensing authority outside the region of illegal business activities, violations of road transportation management institution shall forward the party's illegal facts, punishment on the results to the road transport certificates, and business license copy of road transport road transport authority. 54th road goods transport operators in violation of the provisions of the road transport authorities above the county level in the process of making administrative punishment decision, in accordance with the provisions of the law on administrative punishment to save its first register of illegal evidence.
After the decision on administrative penalty, road freight transport operators refused to comply, the road transport authorities impose administrative penalty decision may be notice in fact refusing to comply with the decision on administrative penalty law where road transport authority vehicle nationality, as can pass the vehicles annual testing and decision quality basis of assessment results. 55th road transport authority staff in the implementation of the road transport inspection process, not road transport certificates cannot provide proof of a valid vehicle on the spot can be temporarily and issue of withholding documents for road transport vehicles (see annex 5).
Suspended vehicles shall take good care of, you may not use, shall not charge or charge a storage fee in disguise. Illegal parties shall withhold documents within the specified time to specified places for treatment. Fails to accept treatment, road transport management body made the decision in accordance with law and the written decision to the parties.
Party without due cause fails to perform the penalty decision, road transport management body may apply to a people's Court for compulsory execution.
The sixth chapter legal liability
56th article violates these provisions, any of the following acts, by road transport authorities above the county level shall be ordered to stop operations has illegally obtained, confiscation of illegal gains, illegal income of up to 10 times more than twice times times fined no less than 20,000 yuan of illegal income or the illegal income, fines of between 30,000 yuan and 100,000 yuan constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) the lack of road cargo transport business license, arbitrarily engaged in road freight transport operations;
(B) fail, forged, altered, cancelled and other road transport operators that are not valid license to engage in road freight transport operations;
(C) beyond the matter of licensing, road freight transport operations.
57th in violation of this provision, road freight transport and air cargo terminal operators of illicit transfer, lease of road transport operators license, by the road transport authorities above the county level shall be ordered to desist from the illegal act, collection of relevant documents of less than 2000 Yuan and 10,000 yuan fine has illegally obtained, confiscation of illicit proceeds.
58th article violates these provisions, acquisition of road freight transport operators of licensed road freight transport vehicles using road transport permits to participate in transport of goods from road transport authorities above the county level shall be ordered to correct, more than 3000 Yuan and 10,000 yuan fine.
Violation of these provisions, road freight transport operators do not carry pursuant to the provisions of the road transport certificates, the road transport authorities above the county level shall order rectification, warning or fined not more than 20 Yuan and 200 Yuan.
59th in violation of this provision, road freight transport operators, terminal operators have opened does not have the required security conditions, major transportation safety, by the road transport authorities above the county level shall be ordered to correct the deadline; not corrected as required in the time allotted and the circumstances are serious, by the road transport licensing authority shall revoke the license or revoke the appropriate scope.
60th in violation of this provision, road goods transport operators have one of the following circumstances, the road transport authorities above the county level shall order rectification, between 3000 and 1000 Yuan Yuan fines; the circumstances are serious, by the road transport licensing authority shall revoke the license or revoke the appropriate scope:
(A) forced to solicit goods;
(B) failed to take the necessary measures to protect the goods shed, young Isaac.
61st in violation of this provision, any of the following acts, by road transport authorities above the county level shall be ordered to stop operations has illegally obtained, confiscation of illegal gains, illegal income of up to 10 times more than twice times times fine; no illegal income or the illegal income is less than 10,000 yuan, more than 20,000 yuan to 50,000 yuan fine constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) without licensing for terminal operations, discretionally engages in air cargo terminal business;
(B) fail, forged, altered, cancelled and other road transport operators that are not valid license to engage in air cargo terminal business;
(C) beyond the matter of licensing, engaged in terminal operations.
62nd in violation of this provision, air cargo terminal operators on overrun and overload vehicles loading, release out of the station, the road transport authorities above the county level shall order rectification, fines of between 10,000 yuan and 30,000 yuan.
63rd in violation of this provision, air cargo terminal operators allowed to change road transport station (field) use and services, by the road transport authorities above the county level shall order rectification refuses, 3000 Yuan fines has illegally obtained, confiscation of illicit proceeds.
64th in violation of the provisions of any of the following acts, the road transport authorities above the county level shall order rectification, rectification is not qualified, be informed:
(A) in accordance with relevant regulations of the State in accordance with the standards of the freight vehicle has a satellite positioning device for recording;
(B) the large object transportation vehicles not complying with the regulations on flying, indicate the shipping marks;
(C) public emergency events occur, do not accept unified arrangement by the local government;
(D) the overrun is due to loading, overloading;
(E) transport is not restricted to prove material;
(F) no identification embargoes, restricted materials prove that embargo stowage, restricted materials.
65th road transport authority staff in violation of the provisions of, any of the following circumstances, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) not in accordance with the provisions of the conditions, procedures and time limit for the implementation of administrative licensing;
(B) participation or participation in a disguised form of the carriage of goods by road and the air cargo terminal business;
(C) found the violations do not promptly investigated;
(Iv) breach block, check driving of road transport vehicles;
(E) illegal detention of transport vehicles, road transport certificates;
(F) ask for and accept other people's property, or seeking other interests;
(VII) other illegal activities.
The seventh chapter by-laws
66th road goods transport operators engaged in international road freight transport operators, transport of dangerous goods activities, apart from the General code of conduct for these provisions, relating to working conditions, traffic, and other special requirements to be applied to develop international road transport regulations, road transport of dangerous goods regulations.
67th Sino-foreign joint ventures, Chinese-foreign cooperative, sole ownership investment in road transport of goods and cargo terminal operations, in accordance with the regulations on the administration of foreign investment in the road transportation management. 68th road transport authority in accordance with the provisions of road freight transport operators permit and road transport certificates, you can charge a nominal fee.
Cost of specific charges by the provincial people's Government finances, price administrative departments of transportation approved by the authorities. 69th these provisions come into force on August 1, 2005. Released on May 19, 1993, the road freight transport, traffic, account opening technology and economic conditions (for trial implementation) (delivery (1993), No. 531), released on December 2, 1996, the road less-than-truckload freight transportation management policy (cross-roads (1996), 1039th), released on May 22, 1997, the management of road freight waybills, and (1997, traffic, 4th), released on April 5, 2001 Road freight transport enterprise quality management regulations (trial) (cross-roads (2001), 154th) repealed simultaneously.
