Decision On Amending The Provisions On Administration Of Old Transport Vessels (Amended In 2014)

Original Language Title: 关于修改《老旧运输船舶管理规定》的决定(附2014年修正本)

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Decision on amending the provisions on administration of old transport vessels (amended in 2014)

    (September 5, 2014 2014, the Ministry of transport announced come into force on the date of promulgation, 14th) Department of transportation decided to make the following changes in provisions on administration of old transport vessels: First, the article is changed to: "to strengthen the management of old transport vessels, optimization of waterway capacity, improving skills, ensure water transport safety, promoting the healthy development of the cause of water transport, according to the domestic water transport management Ordinance, these provisions are formulated.

    ” Second, seventh paragraph is amended as: "in accordance with relevant provisions of this and other, the Ministry of transport to manage national market access and operation of old transport vessels, local people's Governments at or above the county level transportation departments or bodies responsible for the administration of water transport (hereinafter referred to as the administration of water transport sector) implemented the administration of old transport vessels access to markets and trading management.

    ” Third, an article shall be added after the 11th: "according to the capacity of supply and demand and the need to protect transport security, and transport may decide that certain passenger transport routes and bulk liquid dangerous goods transport routes, waters paused the purchase or rental of foreign nationality, two or three such ships engaged in sea transport.

    ”

Four, and will 12th article subsection (a) items modified for: "(a) acquisition or light rent foreign nationality a, and two or three class ship Qian, should according to national about provides to set district of city level Government waterway transport management sector proposed increased capacity of application, and reported by has license permission of sector approved; acquisition or light rent foreign nationality four or five class ship, should by about provides in signed acquisition or light rent intention Hou 15 a days within location set district of city level Government waterway transport management sector record;" Will subsection (four) items modified for: "(four) acquisition outside nationality ship or to light ship rental conditions rental outside nationality ship made ship nationality certificate or light ship rental registration certificate and the temporary ship nationality certificate Hou, business domestic waterway transport of, should by about provides apply for and made ship operating card; business international transport of, Yu input operation Qian 15th to traffic Transport Department record. Department of transportation shall, from the date of receipt of the record in the 3rd issue a certificate of registration.

    ” Five, the 15th is amended as: "the Ministry of transport and waterways management departments should be according to the relevant State water transport operation management and the audit of the application of the provisions on management of water transport, eligible, to the operator of the ship or the international ship registration certificate.

    ” Six, the 17th article is changed to: "the conversion of one, two or three classes of old transport vessels, should be reported to the original license as required by capacity change authorities.

    ” Seven 29th, and be amended as: "after the ship scrapping, the ship operator or the failure of international ship registration certificate from the date of scrap, the owner or operator shall in the 15th days of ship scrapping the ship operator or international ship registration certificates returned to the issuing authority for cancellation. Add the ship inspection certificate by the issuing authority ' shall not engage in waterway transport '.

    ” 33rd article eight, be modified to: "old transport ship-owner or operator in violation of the provisions of article 13th paragraph (d) provides that has not obtained the ship operator of ships engaged in sea transport, according to the domestic water transport management Ordinance 34th article of the administrative penalty shall be imposed.

    ” 34th article nine, be modified to: "violation of the provisions of the present article 30th, not scrapped ship of the ship operator or international shipping return filing certificate issuing authority, ordered corrective action and may be fined not more than 1000 Yuan.

    ”

    Ten, and will 21st article second paragraph in the of "traffic transport competent sector" modified for "waterway transport management sector", 26th article second paragraph, and 32nd article in the of "County above Government traffic transport competent sector" modified for "traffic Transport Department and waterway transport management sector", 36th article in the of "traffic transport competent sector" modified for "traffic Transport Department and waterway transport management sector".

Third article will be the 25th, 26th, "approve operating waterway transport transport authority" is amended as "operator of the ship or the international ship registration certificate issuing authority."

    In addition, the provision number is adjusted accordingly.

Implementation of this decision from September 5, 2014.

    According to this decision the provisions on administration of old transport vessels be amended accordingly and publish it again.

    Report: provisions on administration of old transport vessels 2014 (revised)

    (July 5, 2006 published on November 30, 2009, the Ministry of transport, traffic, decided to modify the provisions on administration of old transport vessels for the first time on September 5, 2014, the Ministry of transport as amended decided to modify the provisions on administration of old transport vessels second amendment)

    Chapter I General provisions

    First to strengthen the management of old transport vessels, optimization of waterway capacity, improving skills, ensure water transport safety, promoting the healthy development of the cause of water transport, according to the domestic water transport management Ordinance, these provisions are formulated.

    Provisions of this article apply with People's Republic of China nationality, engaged in water transport ships and river boats.

Provisions of this article, the following terms mean:

(A) the age, refers to the ship from the date of completion to today's life;

(B) purchase, rent vessels of foreign nationality age, refers to the ship from the date of completion to the competent Business Department or its authorized sectors and mechanical and electrical products import licence issued by the agency or the automatic import license from the date of issuance of the age;

(C) the old transport vessels, refers to the age of this article fourth and fifth ships above the minimum age provided for in article;

(D) abandoned ship, is that permanent cannot be engaged in water transport ship;

(E) the scrap ships refers to permanent cannot be engaged in water transportation of steel ships;

    (F) single-hull oil tankers, refers to do not have meet the requirements of domestic ships inspection specification double bottom tanks and double side tankers (oil barge).

The fourth old ships are divided into the following types:

(A) high speed passenger ships in more than 10 years old, is a kind of old ships;

(B) in more than 10 years old of ro-ro ships, passenger and cargo ships, passenger ferries, passenger ferries (including train ferries), cruise ships, passenger ships, old ships for the second class;

(C) in more than 12 years old oil tankers (including asphalt ship), bulk-chemical tanker, liquefied gas ships, old ships for three classes;

(D) age more than 18 bulk carriers, ore carriers, four old ships;

    (E) in more than 20 years old cargo boat, bulk cement ships, refrigerated vessels, general cargo ships, multi-purpose vessels, container ships, wood boats, tugboats, push, barge, for five types of old ships.

The fifth River of old ships are divided into the following types:

(A) high speed passenger ships in more than 10 years old, is a kind of old river vessels;

(B) in more than 10 years old of ro-ro ships, passenger and cargo ships, passenger ferries, passenger ferries (including train ferries), cruise ships, passenger ships, two old river vessels;

(C) in more than 16 years old oil tankers (including asphalt ship), bulk-chemical tanker, liquefied gas ships, three old river vessels;

(D) age more than 18 bulk carriers, ore carriers, four old river vessels;

    (E) in more than 20 years old cargo boat, bulk cement ships, refrigerated vessels, general cargo ships, multi-purpose vessels, container ships, wood boats, tugboats, push, barge (includes oil barge), five old river boats.

    Sixth national classification technical supervision and management system of old transport vessels, has reached the mandatory scrapping of old transport vessels compulsory scrapping system.

Seventh according to the requirements and other relevant provisions, the Ministry of transport to manage national market access and operation of old transport vessels, local people's Governments at or above the county level transportation departments or bodies responsible for the administration of water transport (hereinafter referred to as the administration of water transport sector) implemented the administration of old transport vessels access to markets and trading management.

    A maritime administrative agency according to relevant laws and administrative regulations and these provisions on the supervision and administration of old transport vessels to implement security.

    Chapter II administration of ship acquisition, rental, conversion

Article eighth purchase of vessels of foreign nationality or to lease foreign vessels engaged in bareboat condition waterborne transport, the ship must comply with the provisions of the appendix to the present provisions of acquisition, rental of vessels of foreign nationality age requirements, its main hull, mechanical and electrical equipment and safety, anti-pollution devices shall conform to the technical regulations for statutory survey of ships.

    Purchase, rental of foreign oil tankers, the hull should be consistent with the 1973 as amended by the 1978 Protocol, annex I of the International Convention for the prevention of pollution from ships, the requirements of the oil pollution prevention regulations.

    The Nineth acquisition of foreign nationality in these rules ship, to lease foreign vessels bareboat condition, including purchased or bareboat charter conditions of leasing from abroad, but has not yet legally in China ship inspection certificates, certificates of nationality of a ship over vessels of foreign nationality, and vessels of foreign nationality acquired through auction.

    The tenth article of any organization or individual is allowed to purchase scrap vessels of foreign nationality engaged in water transportation or rental bareboat condition scrap vessels of foreign nationality engaged in sea transport.

    11th more than to the provision scrapping old vessels of foreign nationality shall not engage in domestic sea transport.

    12th according to the capacity of supply and demand and the need to protect transport security, and transport may decide that certain passenger transport routes and bulk liquid dangerous goods transport routes, waters paused the purchase or rental of foreign nationality, two or three such ships engaged in sea transport.

13th acquisition of vessels of foreign nationality or to lease foreign vessels bareboat condition to vessels operating in sea transport, purchase and the lessee should be aware of the age and technical condition of the ship, and handle the related formalities in accordance with the following procedure:

(A) acquisition or light rent foreign nationality a, and two or three class ship Qian, should according to national about provides to set district of city level Government waterway transport management sector proposed increased capacity of application, and reported by has license permission of sector approved; acquisition or light rent foreign nationality four or five class ship, should by about provides in signed acquisition or light rent intention Hou 15 a days within location set district of city level Government waterway transport management sector record;

(B) the acquisition of vessels of foreign nationality or to lease foreign vessels bareboat condition after, according to law to the maritime administrative agency authorized inspection body for initial inspection of a ship, made issued a ship inspection certificate;

(C) the acquisition of vessels of foreign nationality or to lease foreign vessels bareboat condition after obtaining the vessel inspection certificate, should apply to the maritime administrative agency, bareboat charter registration for registration of ships, made the vessel ownership registration certificate, issued by the nationality certificate or bareboat charter registration certificate and the provisional certificate of nationality of the ship; (D) the acquisition of vessels of foreign nationality or to lease foreign vessels bareboat condition to obtain the nationality certificate or bareboat charter registration certificate or temporary nationality certificate and then, domestic waterway transportation, shall, in accordance with the relevant provisions to apply for and obtain the shipping certificate; engaged in international transport, 15th prior to the operation to the Department of transportation records.

    Department of transportation shall, from the date of receipt of the record in the 3rd issue a certificate of registration.

    14th ship inspection bodies should be strictly in accordance with the ship's statutory survey technology and this provides for the acquisition of vessels of foreign nationality or the bareboat rental of vessels of foreign nationality the condition tested.

    15th ship registration authority should be strictly in accordance with the relevant shipping registration requirements and provides for the acquisition of vessels of foreign nationality or bareboat lease registration of vessels of foreign nationality the condition.

    The 16th Ministry of transport and waterways management departments should be according to the relevant State water transport operation management and the audit of the application of the provisions on management of water transport, eligible, to the operator of the ship or the international ship registration certificate.

    17th to four, five categories the ship class, class II and class III vessels engaged in sea transport, mutual conversion between three types of ships engaged in sea transport.

Conversion of one, two or three classes of the 18th article of old transport vessels, should be reported to the original license as required by capacity change authorities.

Rebuilding of old transport vessels, ship inspection bodies must be accredited to the maritime administrative agency applying for construction inspection.

    Ship inspection bodies to the conversion of old transport vessels ship inspection certificate was issued, you should indicate the conversion date, but may not change the ship date.

    Article 19th of old transport vessels is remodeled, and before the alterations do not belong under the same type of ship, its special regular inspection age, forces scrapping age applicable to the conversion of old transport vessels types of provisions.

    Chapter III ship management

    20th ship owners or operators should adopt effective measures to strengthen the management of old transport vessels, marine equipment maintenance, inspection should be shortened cycles and various electrical insulation resistance measurement cycles, no repair missing.

    21st the ship owners or operators change the purpose or area of old transport vessels, ship inspection bodies must be accredited to the maritime administrative agency applying for a temporary test approved passenger and load line, the safety performance of the construction and equipment of ships and, if necessary, again measure the gross and net tonnages.

The 22nd article of old transport vessels engaged in domestic transport processing exit visas, in addition to the maritime administrative agency shall submit the relevant security certificates should also submit the ship operator.

    Did not submit valid shipping documents according to national regulation of old transport vessels, for which the maritime administrative agency shall not conduct port visa; to not submit the ship operator should also inform local administration of waterway transportation Department of the situation.

    23rd marine management institutions engaged in international transport should be of Chinese nationality of old transport vessels and in and out of the Harbor up to the old transport vessels of foreign nationality to strengthen supervision and inspection of ship life.

    24th article is unsuitable for navigation or other prejudice, may hinder water traffic safety of old transport vessels, the maritime administrative agency according to the relevant laws, administrative regulations prohibit their arrival, departure, or ordered to suspend, change, drove to the designated location. 25th the owner or operator shall, in accordance with relevant regulations of the State, apply to the ship inspection bodies approved by the maritime administration of old transport vessels to operate regular inspection.

    Failed to pass the inspection, shall carry on waterways.

    26th article of old transport vessels to reach the age of the appendix to the present provisions of the special regular inspection to continue the operation of sea transport, ship owners or operators of special regular inspection before and after the age of six months should be reached within the maritime administrative agency special regular inspection from the recognized inspection agencies, obtain the appropriate ship inspection certificate, and reported to the ship operator or international ship registration certificate issuing authorities for the record.

27th special regular inspection, continued the business of old transport vessels of water transport, the owner or operator shall, one year after the expiry of the special inspection on a regular basis for the first time a special inspection on a regular basis every year, obtain the appropriate ship inspection certificate, and reported to the ship operator or international ship registration certificate issuing authorities for the record.

The Ministry of transport and waterways Management Department finds that the technical conditions of old transport vessels that may affect the safety of navigation, it shall notify the maritime administration.

    The technical conditions of old transport vessels may affect safety of navigation, the maritime administrative agency shall oblige ship owners or operators to ship inspection bodies is to seek testing.

    28th in accordance with this article 26th, 27th, application specific periodic inspection or failed to pass the special regular inspection of old transport vessels and should be scrapped.

29th meet the appendix provides the mandatory scrapping of old ships, should be scrapped.

    Ship inspection certificate, shipping certificate of validity shall not exceed this appendix provisions of vessel forced scrap age date. After the 30th ship scrapping, the ship operator or the failure of international ship registration certificate from the date of scrap, the owner or operator shall in the 15th days of ship scrapping the ship operator or international ship registration certificates returned to the issuing authority for cancellation.

    The ship inspection certificate by the issuing authority raise "shall not engage in water transport".

31st article prohibiting the use of ships engaged in water transportation has been scrapped.

    Prohibiting the use of scrap ship equipment and other parts assembling ships engaged in sea transport.

    32nd article scrapping ships into barges, water recreation facilities, as well as other non-transportation facilities shall comply with the relevant provisions of the State.

    Fourth chapter of supervision and penalties

The 33rd Ministry of transport and water management, the maritime administrative agency shall, in accordance with the relevant provisions of laws and administrative rules and regulations, to supervise and inspect the old transport vessels.

    Old transport ship-owner or operator shall be subject to the Ministry of transport and water management, supervision and inspection conducted by the maritime administrative agency shall, submit information on the certificate, or, may not refuse, conceal or commit fraud.

    34th article of old transport vessels owners or operators in violation of the provisions of article 13th paragraph (d) provides that without a ship operator of ships engaged in water transportation, domestic water transport regulations of the 34th article of the administrative penalty shall be imposed.

    30th 35th in violation of the provisions of the rules, not scrapped ship of the ship operator or international shipping return filing certificate issuing authority, ordered corrective action and may be fined not more than 1000 Yuan.

    36th ship owners or operators in violation of the provisions on ship registration, examination requirements, by the maritime administrative agency according to relevant laws, administrative regulations and rules provides for administrative penalties.

    37th transport of the Ministry of transport and waterways Management Department, maritime safety authority, dereliction of duty, favoritism, abuse of power, shall be given administrative sanctions.

    The fifth chapter supplementary articles

    Article 38th to protect national interests and the need to strengthen safety management, the Ministry of transport and temporary adjustments to the present provisions relating to age. 39th in order to protect the aquatic environment, has put into operation but has failed to meet the mandatory scrapping of old single hull tankers implementation deadline eliminated.

    And implemented at a specific time is determined by the Ministry of transport announced separately.

The 40th only to ships engaged in engineering work on the water, and only engaged in operations within the port area of vessels such as tugs, workboats, these rules do not apply.

    More ships and other non-operating vessels engaged in sea transport, these provisions shall apply.

    41st to Chinese ports to ships carrying one or two classes between foreign ports, need to be made to the age restriction, by bilateral agreement.

    The 42nd by the Department of transportation is responsible for the interpretation of these provisions. 43rd article of the regulations come into force on August 1, 2006.

On April 9, 2001, released by the Ministry of the provisions on administration of old transport vessels (2001, traffic, 2nd) repealed simultaneously. (Chart, see article)

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