Administrative measures on Highway overload inspection station
(June 24, 2011, the Ministry of transport announced as of August 1, 2011, 2011 7th) Chapter I General provisions
First to strengthen the management and standardize overload detection stations, vehicle overload management work effectively, according to the People's Republic of China Highway Act and the highway safety protection regulations, these measures are formulated.
Article Highway overload detection stations in these measures refers to guarantee condition, safe and smooth, set up on the road, the vehicle overloads detecting, identifying, investigating and correcting violations of law enforcement sites and facilities.
Article overload detection stations management should follow the unified leadership and hierarchical accountability, standardized operation and principles of regulation.
Department of transportation national highway overload inspection station supervision and control.
The provinces, autonomous regions and municipalities departments of transportation Highway overload inspection station within their respective administrative areas supervisory work, and is responsible for planning for Highway overload inspection station, acceptance, and so on.
City and County transportation departments in accordance with the People's Republic of China highway law, road safety protection Ordinance and other laws and regulations, rules of the competent Highway overload inspection station within their respective administrative areas supervisory work.
Highway overload inspection station supervision and management of construction and operation of specific work, managed by the Highways Agency.
Article overload detection stations as the Highway Administration Agency, whose main functions are:
(A) advocacy, follow-up, implementation of the national vehicle overload control laws, regulations, rules and policies;
(B) develop overload detection stations management system;
(C) the law on vehicles travelling on the highway for overrun detection, identification, investigation and correction of violations;
(D) supervision on overloaded transport vehicles to take the parties unloading, packaging and other corrective measures to eliminate illegal status;
(E) to collect, collate and report data relating to inspection, enforcement and dynamic information;
(F) the management, maintenance, overload detection stations the facilities, equipment and information systems;
(VII) other duties stipulated by laws and regulations. Fifth people's Government at or above the county level should be approved by the Transportation Department road management funding in budget and manpower arrangements overrun detection stations construction and operation funds, and earmarks.
No unit or individual may intercept or diverted or misappropriated.
Sixth local people's Governments above the county level transportation departments can be combined with the local area, under the unified leadership of the people's Governments at the corresponding level, in conjunction with relevant departments, administration, traffic police and other law enforcement officials, in accordance with their respective responsibilities, on Highway overload detection station on overloaded transport vehicles in joint law enforcement.
Planning and construction of chapter
Seventh overload detection stations in accordance with the layout and functions are divided into class ⅰ test stations and class ⅱ test stations:
(A) the class ⅰ monitoring stations are mainly used for monitoring national or provincial border entrances, multiple national highway or provincial road intersection, cross-province carriage of goods the main national road network, such as critical sections and nodes;
(B) class II test stations are mainly used for monitoring ports, factories, distribution of goods, freight station of the main access roads and cargo transportation within the province's main regional road network such as critical sections and nodes.
Eighth overload detection stations set up, shall, in accordance with unified planning, rational distribution, the principle of total control and adjust, the people's Governments of provinces, autonomous regions and municipalities directly under the Transportation Department, a proposal submitted to the people's Governments at the corresponding level for approval; among them, class ⅰ test station settings should also comply with Department of transportation for overrun detection station planning.
Approved setting of overrun detection stations, without consent of the original organ, it may not revoke or change of use.
Full name of the Nineth overload detection stations in accordance with the "highway authority name + overload detection station name + unlimited testing" in the form of uniform, its color, appearance requirements should be identified in conformity with Annex 1, annex 2 of the regulations.
Tenth road construction of overrun detection station, except in compliance with the relevant technical specification requirements, should also be guided by the following principles:
(A) the siting of priority road network nodes;
(B) try to choose the eyes open, water and electricity and convenient locations throughout life;
(C) construction of Harbor-primarily, due to objective conditions, needed to pull off the highway construction of the main line, linking road main line and testing station road;
(D) considering the road network monitoring, highway emergency reserve and other factors, making full use of existing facilities along the highway, equipment, human resources, information resources, enhance the function of test stations, reducing operating costs.
11th construction overrun detection stations should be based on the needs of the vehicle overloads detecting reasonably set the following feature areas and facilities:
(A) the inspection, enforcement, unloading and parking the vehicle overloads detecting basic Ribbon;
(B) the district traffic safety, traffic flow, video surveillance, network communication, lighting and other vehicle overloads detecting ancillary facilities;
(C) the necessary Office and living facilities.
Traffic large, governance task of overrun detection stations, you can set non-stop road on the main line pre-clearance facilities, to identify in advance the overload transportation vehicles.
12th overload detection stations should be within a certain distance in front of the entrance logo set in accordance with annex 3 of the testing station, prompts the vehicle.
13th overload detection stations should strengthen information construction and its information systems shall comply with the data exchange standards issued by the Department of transportation and meet the remote query licenses and criminal records information, law enforcement information as well as the Department, province, three-level network management needs. 14th overload detection stations after the completion of provincial, autonomous regional and municipal people's Governments Department of transport shall be in accordance with the relevant provisions and standards organizations acceptance.
Acceptance before they can put to use.
When the 15th building, rebuilding roads, has approved setting of overrun detection stations, it should be as part of the ancillary facilities of roads, be included in the project budget, synchronized with the road design, construction and synchronous operation.
The 16th of provinces, autonomous regions and municipalities transportation departments shall organize the relevant departments on a regular basis on the area of overrun detection stations assess the layout as a whole, and can be based on factors such as traffic volumes, vehicle changes of overrun and overload detection stations in due course make reasonable adjustments.
Chapter III operation management
17th overload detection stations shall establish a sound working system, referring to annex 4 for standardized testing, punishment, uninstall the workflow, and prominently set bulletins, publicity concerning the ratification instrument, work processes, fees and certification of standards, metrology and testing equipment, and so on. 18th overload detection stations a 24 hour working day.
Really necessary to suspend work due to special circumstances, should be reported to the Highway Administration of provinces, autonomous regions and municipalities.
The provinces, autonomous regions, municipalities directly under the road authority roads overrun testing station operation and management approaches should be developed, strengthened overload detection station on the highway organization management and supervision and assessment. 19th road overload detection points owners responsibility.
Highway administrative departments should strengthen the stationmaster, Deputy Head of the management of selection and assessment, the implementation of AdSense rotation system of Exchange on a regular basis.
20th overload detection stations should be according to the law enforcement process, clear vehicle Guide, overload detection, administrative punishment, unloading loading, flow testing, equipment maintenance, such as different positions of responsibility and local reality, in accordance with ministerial class and standards ⅱ test station equipped with corresponding highways law enforcement personnel.
21st motorway overload detection stations according to the road traffic, vehicle structure allocation the following unlimited testing law enforcement equipment:
(A) the law relating to the periodic inspection of vehicles measuring equipment;
(B) the unloading, cargo or clearing obstacles related to machinery and equipment;
(C) the implementation of special vehicles for Highway supervision and inspection tasks;
(D) used for word processing, investigation and evidence collection, law enforcement communications intercom, security related to the overrun detection, such as law enforcement equipment.
22nd overload detection stations shall be set in the station area supervision suggestion boxes, open a bucket, convenience services such as first aid kits, toilet facilities, and keep the environment clean and tidy inside and outside.
23rd road unlimited testing station shall strengthen the station facilities, storage and maintenance of the equipment to ensure that facilities and equipment are in good working order. 24th overload detection stations should strengthen station traffic, the vehicles ordered testing to avoid congestion road main line vehicle.
To combine theory with practice to develop emergency preparedness, timely response and security guard work.
The fourth chapter law enforcement management
25th road overload detection fixed detection should be taken as the main way of working. Inspection station near the road network density and intentional circumvention to evade detection or short overlimit situation affected areas, roads overrun testing station in accordance with the provincial, autonomous regional and municipal people's Governments Transportation Department regulations, using mobile testing equipment, supervise and inspect the flow detection.
Determined by the flow detection of illegal over limit transport vehicles, should be booted to the nearest highway overload inspection station for processing.
No flow detection on the Expressway.
Article 26th overload of the illegal vehicles found that standards should be subject to the law relating to measuring equipment testing.
Through Visual identification of vehicles is prohibited illegal overload.
27th article identified by the test vehicle illegal overlimit situation, highway overload inspection station law enforcement personnel shall be processed in accordance with the following requirements:
(A) in respect of carriage of goods, shall order the party to take corrective measures, such as unloading, packaging, eliminate illegal state; for vehicles transporting fresh agricultural products and inflammable and explosive dangerous goods, in accordance with the relevant regulations;
(B) is not available for delivery the collapse of bulky items and not for the overlimit permit procedures, shall order the party to stop illegal activities, for investigation and settlement, and shall inform the parties of the relevant departments of overlimit permit procedures.
28th article on after testing found no illegal vehicle overload situations, or confirmed by the review to eliminate illegal state vehicles and dealt with according to law, should be immediately released.
29th road overload detection station law enforcement personnel when the vehicle overloads detecting, testing fees shall not be charged; the Park on Highway overload detection stations surveyed in over-limit transportation vehicle, shall not collect parking fees. Need help unloading, packaging and over-limit or the storage of the goods unloading goods, relevant fees shall be in accordance with provincial, autonomous region or municipality price Department of the approved standards.
Unloading of goods over period has not received to notify the parties, can be dealt with in accordance with the relevant provisions.
30th road overload detection station law enforcement personnel shall be fined, in accordance with the provisions of relevant laws and administrative regulations, the implementation of separation of penalty decisions from collection of penalty; all the fines collected shall be turned over to the State Treasury.
Highway overload inspection station law enforcement personnel to collect fines on the spot according to law, parties should be issued by provinces, autonomous regions and municipalities directly under the unified financial sector issued receipts; was not issued, parties have the right to refuse to pay the fine.
Any unit and individual is prohibited to overrun detection stations law enforcement officers issued or issued a fine of indicators in a disguised form.
31st road overload detection station law enforcement personnel should be in accordance with the provisions of the use of vehicle overload management information system for testing, law enforcement, relevant and timely data reporting and management agencies.
Provinces, autonomous regions and municipalities directly under the highway authorities should overload of illegal information is regularly sort and totals, and copy to the departments, by its road transport companies, freight vehicles and their drivers dealt with according to law.
32nd road overload detection station law enforcement personnel for overload detection and law enforcement should be strict compliance with the statutory procedure, imposition of administrative penalty should be attended by 2 or more law enforcement personnel, and to produce their valid law enforcement documents.
In overload detection stations engaged in logistical support, does not have law enforcement personnel shall not participate in the interception of vehicles, checked identity papers, administrative penalties and other enforcement activities.
Article 33rd road management, traffic police and other law enforcement officers in the overrun detection stations on overloaded transport vehicles when implementing a joint law enforcement, should perform their respective duties, cooperate closely and share information, strict law enforcement.
34th Highway overload inspection station law enforcement personnel should be in accordance with the relevant provisions of the State wearing signs, certificates, according to the Administration, enforcement, code of conduct, dress codes, strict on discipline, manners, modesty, warm service.
35th overload detection stations in the work of law enforcement officers, is prohibited to the following behavior:
(A) failing to wear signs or not certified;
(B) abusive, beating party;
(C) to collect fines on the spot not to issue such receipts or do not fill in the amount of the fine;
(D) unauthorized use of seizing vehicles, disposes of unloading cargo;
(E) does not eliminate illegal state of overload vehicle to pass;
(F) accept the enforcement being wined, gifts;
(VII) shield, shield and condone illegal activity;
(H) instigating or assisting people outside cars around, Rush card;
(IX) engage in business activity with the terms of reference of the;
(J) the embezzlement, misappropriation of funds, and confiscated money. 36th road management agencies of provinces, autonomous regions and municipalities should establish an open call, accept public complaints in a timely manner.
Through Government websites, highway overload detection stations Bulletin Board, such as public information, subject to public supervision.
The fifth chapter legal liability
37th road overrun detect stand in violation of the relevant provisions of the people's Governments above the county level Transportation Department ordered corrective action and the persons who are directly in charge and other direct liable persons shall be given administrative sanctions, and by transport authorities of provinces, autonomous regions and municipalities to report serious cases, be informed by the Ministry of transport. 38th roads overrun detection station law enforcement personnel violating these rules article 35th, cancels its administrative enforcement of eligibility, away from law enforcement jobs; the circumstances are serious, be dismissed or expelled from the Government constitutes a crime, criminal responsibility shall be investigated according to law.
Involving other departments of the Office of law enforcement personnel, by the Department of transportation to inform their competent authority.
39th road overload detection station law enforcement personnel damage caused by unlawful exercise of authority violated the legitimate rights and interests of the parties, shall, in accordance with the People's Republic of China relevant provisions of the State compensation law to provide compensation.
40th article vehicles all, and driving people and the other personnel take deliberately jam Highway super limited detection station passage Lane, and forced through highway super limited detection station, way disrupt super limited detection order, or take short connection contains, way escape super limited detection of, by highway management institutions forced drag away from or detained vehicles, at 30,000 yuan following of fine; constitute violation security management behavior of, law give security management punishment; constitute crime of, law held criminal.
The sixth chapter supplementary articles
41st these measures come into force on August 1, 2011.
Annex 1: Highway overload inspection station appearance (figure)
Annex 2: overload detection-specific identification (sketch)
Annex 3: special signs for Highway overload inspection station (sketch)
Annex 4: Highway overload inspection station inspection enforcement process reference diagram (diagram omitted) (Editor's Note: annexes 1, 2, 3, 4 graphics see manuscript)