People's Republic Of China Inland Traffic Accident Investigates The Processing Rules

Original Language Title: 中华人民共和国内河交通事故调查处理规定

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(December 4, 2006 2006 12th release, traffic, come into force on January 1, 2007) Chapter I General provisions article to strengthen the administration of traffic safety, regulate river traffic accident investigates the processing, in accordance with the People's Republic of China inland river transportation safety regulations, this provision is enacted. Provisions of this article applicable to vessels and floating facilities in the People's Republic of China Inland navigable waters investigation of a traffic accident that occurred in processing.
    But between boats, a traffic accident between military ships as well as fishing boats and military vessels unilateral investigation and handling of accidents this provision shall not apply.
    Third article this provides by said river traffic accident is refers to ship, and floating facilities in river navigation waters within sailing, and parked, and job process in the occurred of following event: (a) collision, and touch touch or waves loss; (ii) rocks or stranded; (three) fire or explosion; (four) sank (including since sank); (five) effect airworthiness performance of parts or important is with of damaged or out lost; (six) other caused property loss or personal casualties of traffic event.
    Article IV inland waterway traffic accidents investigation by maritime administrative agency responsible for its implementation at all levels. Article traffic accidents on inland waterways according to casualties and direct economic losses, divided into minor accidents, accident, accidents, fatal accidents and accidents.
    Small accident, accident, accident, specific standards of major accidents, traffic, in accordance with the enactment of the relevant provisions of the water traffic accidents statistics implementation. Article traffic investigation and handling of accidents on inland waterways, shall comply with the provisions of relevant laws and administrative regulations.
    Accidents investigation and handling of specific criteria and in accordance with the relevant provisions of the State Council. Seventh chapter report traffic accidents on inland waterways vessels and floating facilities, must immediately take all effective means to report to the maritime administrative agency where the accident occurred.
    The main contents of the report include: the names of vessels and floating facilities, time and place of the accident, accident of hydrological, meteorological, navigation in the waters of environmental conditions, damage of vessels and floating facilities, crew members and passengers of casualties, pollution of the water environment, and briefly after the accident, and so on. After the accident reported to the maritime administrative agency shall be recorded.
    Receiving the incident report is not an accident of a maritime administrative agency shall promptly notify the maritime administration where the accident occurred, and shall inform the parties.
    The eighth traffic accidents on inland waterways vessels and floating facilities, and in addition shall be conducted pursuant to the seventh report, must occur within 24 hours after the accident to the maritime administrative agency the inland traffic accident report was submitted and the necessary certificates, papers and materials.
    Pilot of inland waterway traffic accidents occurred in the process of piloting the ship, pilots must also submit relevant materials according to the provisions of the preceding paragraph.
    Special case, not following the regulation to submit material, agreed by the maritime administrative agency, can be appropriate to delay.
    Nineth article river traffic accident report book should including following content: (a) ship, and floating facilities profile (including its name, and main technology data, and certificate, and crew and the by contains passenger, and goods,); (ii) ship, and floating facilities belongs company situation (including its all, and business people or management people of name, and address, and contact phone,); (three) accident occurred of time and locations; (four) accident occurred Shi waters of hydrological, and meteorological, and navigation environment situation; (five) ship, and floating facilities of damage situation;
    (Vi) to casualties of the crew and passengers, (VII) pollution of water environment and (VIII) the details of the accident (collision diagram shall be attached to relative motion) and (IX) sinking of vessels and floating facilities, which sank almost; (x) and others related to the accident.
    Tenth report of the traffic accidents on inland waterways must be real, not concealing facts or providing false information.
    Chapter III jurisdiction of the 11th traffic accidents on inland waterways by the maritime administrative agency responsible for the investigation and handling of the accident.
    Vessels and floating facilities after an accident heading outside where the accident occurred, the waters of the maritime administrative agency shall assist in the investigation and handling of accidents to the maritime administrative agency.
    Does not affect the navigability of the ship incident, agreed by the maritime administrative agency where the accident occurred, can be reached by ship, the first to the maritime administrative agency for investigation and treatment.
    12th traffic accidents on inland waterways authority is uncertain, the first received a report of maritime administrative agency responsible for the investigation and handling of accidents and jurisdiction to determine the jurisdiction of maritime administrative agency after transfer, and notify the parties.
    Article 13th disputed the jurisdiction of inland waterway traffic accidents, common superior jurisdiction of maritime administrative agency designated by the parties. 14th dead or missing 10 or more traffic accidents on inland waterways by People's Republic of China Maritime Safety Administration responsible for investigation and handling.
    Other directly under the investigative jurisdiction of the inland waterway traffic accidents by the maritime administrative agency or provincial maritime authorities determine, People's Republic of China Maritime Safety Administration records.
    According to need, superior investigation by maritime authorities directly subordinate jurisdiction of maritime administrative agency. The fourth chapter surveys the 15th traffic accidents on inland waterways vessels and floating facilities, ships, floating facilities, units and personnel must strictly protect the scene of the accident.
    Except for rescue and emergency reasons, without a site survey of the maritime safety authority investigators, no person shall move field objects.
    16th after inland traffic accidents reported to the maritime administrative agency shall immediately sent its staff to the scene to investigate, collect evidence, and to review the incident, considered are traffic accidents on inland waterways, should be filed. Upon examination it is uncertain whether traffic accidents on inland waterways, the maritime administrative agency shall be to initiate an investigation.
    Confirmed by the investigations do not belong to traffic accidents on inland waterways, should be rescinded.
    17th when investigators in conducting investigations, the administrative enforcement shall produce evidence of their identity documents.
    In conducting investigations, shall be not less than two persons.
    18th maritime authorities for investigative and evidentiary purposes, it should be comprehensive, objective and fair.
    Party shall have the right to apply for and the traffic accident has an interest or other relationship, may affect the investigation and handling of accidents objective, impartial investigators avoided. Article 19th where traffic accidents on inland waterways vessels and floating facilities and the related units and personnel of the maritime administrative agency shall accept and cooperate with the investigation and evidence collection.
    Persons concerned should faithfully present the circumstances surrounding this incident and to provide relevant evidence, shall not misrepresent or conceal and destroy evidence.
    Other known accident of the maritime administrative agency should also take the initiative to provide relevant information and evidence.
    Investigation and evidence needs other maritime administrative agency for assistance, cooperation, relating to the maritime administrative agency shall provide assistance and coordination. 20th required according to the accident investigation, the maritime administrative agency may order the ship involved in the accident to designated locations under investigation.
    Vessels involved in the case of no danger to their own safety, without the approval of the maritime administrative agency, shall not leave the designated location. The maritime administrative agency should try to avoid undue delays to ships.
    Shipping to the designated locations of the surveyed period after the ship arrived at the designated location, and shall not exceed 72 hours due to exceptional circumstances, cannot conclude their investigation of the expiration, approved by the maritime administrative agency level on the appropriate extension, but the extension may not exceed 72 hours. 21st article according to survey work of need, maritime management institutions can exercise following power: (a) exploration accident site, collected about evidence; (ii) asked party and he about personnel and requirements its provides written material and proved; (three) requirements party provides various original instruments, and sailing information, and technology information or its copies; (four) check ship, and floating facilities and the about equipment, and personnel of certificate, verified accident occurred Qian ship of airworthiness status, and floating facilities and the about equipment of technology State, and
    Ship of distribution Member situation and crew of suitable any status,; (five) detained or sealed accident parties ship, and floating facilities, and about equipment and personnel of various certificate, and instruments, and log, and record book,, but to in sailing (sea) log Shang indicate, and to parties party issued note has clear deposited date of deposited listing; (six) verification accident by led to of property loss and personal casualties situation.
    Maritime administrative agency at the time of investigation, using audio, video, photographic and other investigation means allowed by laws and regulations.
    22nd survey personnel survey the scene of the accident, it shall make the site survey record.
    Make a written survey completed, shall be signed by the parties in the survey record.
    Party is not present or unable to sign, shall be signed by the witness.
    Without a witness or a party or witness refuses to sign, investigators should be indicated in the survey record. 23rd when investigators asked the investigation and asking people questions and shall truthfully record statement of the person being interrogated.
    Items listed on the interrogation should be required to fill in a full range.
    Interrogation completed, should be asking people to check or read to, such as there are errors or omissions, is asking people to correct or supplement should be allowed.
    Inquiry record after it has been checked by someone asking, should sign it, refuses to sign, the investigation personnel shall indicate on the inquiry record.
    For investigators, translators should sign the interrogation.
    24th investigators to conduct inquiries, the right to exclude the others from.
    25th maritime administrative agency according to the investigations take may have accidents involved vessels and floating facilities and related equipment inspection, verification or test the associated personnel, and obtain a written report of the inspection, verification or testing as evidence of its investigation.
    Of accidents involved vessels and floating facilities and related equipment for the inspection or verification of personnel shall not in this incident as a test and identify personnel for appointment.
    26th the entities or persons for property losses caused by the accidents to the maritime administrative agency shall truthfully record registration.
    Maritime authorities think the loss results may be inaccurate, you can employ a professional body found. 27th the maritime administrative agency shall, within 3 months from the day of filing the completed accident investigations, forensics; expiration cannot be completed, approved by the maritime administrative agency level on a 3-month extension.
    Accident investigations must be sinking, sinking salvage, we should keep mosquitos, or need to wait for the staff to verify the situation of the parties concerned, should be completed within 3 months from the date of completion of work related accident investigation and evidence collection.
    End of the 28th accident investigation, forensics, it shall notify the parties and returned in a timely manner or unseal the detention, storage certificates, instruments, log, log, and so on.
    The 29th after the end of the accident investigation, forensics, the maritime administrative agency shall make the inland traffic accident investigation report.
    River traffic accident survey report should including following content: (a) ship, and floating facilities profile (including its name, and main technology data, and certificate, and crew and the by contains passenger, and goods,); (ii) ship, and floating facilities belongs company situation (including its all, and business people or management people of name, and address,); (three) accident occurred of time and locations; (four) accident occurred Shi waters of hydrological, and meteorological, and navigation environment situation; (five) accident search-and-rescue situation; (six) accident loss situation;
    (G) after the accident, (VIII) analysis of the cause of the accident, (I) accident liability the parties; (j) security management recommendations (11) other relevant information. Determined by the maritime administrative agency the merits of simple small accident, the facts are clear, causal relationship, the maritime administrative agency can simplify survey procedures.
    Streamline investigation procedures specified by People's Republic of China Maritime Safety Administration separately.
    30th in order to draw lessons learned from the parties concerned, to avoid similar incidents from happening again, the maritime administrative agency shall, in accordance with the procedures will be established to identify accident causes and open to the public. Article 31st of any accidents related to the new evidence has been presented or found, the maritime administrative agency should be fully assessed.
    The evidence may have a substantial impact on the cause of the accident and conclusions, should be re-investigation into the accident. Higher maritime administrative agency has the right of reason is not clear, accountability is the outcome requested by the maritime administrative agency investigations of the accident.
    Survey of the provisions of this chapter shall apply the procedures.
    32nd no unit or individual shall interfere or obstruct the maritime administrative agency shall conduct investigations of inland waterway traffic accidents.
    The fifth chapter deals with the 33rd a maritime administrative agency shall in the inland traffic accident investigation and evidence collection in the 30th after the end of the accident investigation, and shall inform the parties to the owners or operators of vessels and floating facilities.
    34th article of the accident findings must include the following: (a) accident profiles (including briefly after the accident, damage, etc), (ii) the cause of the accident (facts and analysis), (iii) the parties responsibility; (d) security management recommendations (v) other relevant information. Article 35th of units and personnel responsible for traffic accidents on inland waterways, the competent authority shall, pursuant to the relevant laws, rules and regulations be given administrative punishment.
    Constitute a crime, he transferred to judicial organs for handling.
    Administrative penalty involving foreign crew members, informed foreign competent authorities should be illegal. Article 36th of the causes of traffic accidents on inland waterways, maritime administrative agency may order all persons on vessels and floating facilities, operators or managers on their respective vessels and floating facilities to enhance security management. The vessels and floating facilities owner, operator or manager shall cooperate actively and seriously implemented.
    Refusing to strengthen management or do not meet the security requirements within the time limit, the maritime administrative agency has the right to taking compulsory measures ordered to stop, stop operation.
    37th maritime authority who violate this provision, dereliction of duty, abuse of authority or engages in, by the unit to which they shall be given administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    The sixth chapter supplementary articles article 38th of the inland water environment pollution accident caused by traffic accidents, environmental pollution accidents in the waters of investigation, according to China's related laws and regulations on environmental protection and related regulations. 39th article of the regulations come into force on January 1, 2007.
                                                                                                                Released on March 24, 1993, traffic, the People's Republic of China inland traffic accident investigates the processing rules (1993, traffic, 1th) repealed simultaneously.

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