Road Transportation Of Dangerous Goods Regulations

Original Language Title: 道路危险货物运输管理规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$9.99.
(July 12, 2005 2005 9th release of traffic, come into force on August 1, 2005) Chapter I General provisions article to regulate road transport of dangerous goods the market order, protect people's lives and property safety, protection of the environment, maintaining the lawful rights and interests of the parties to the road transport of dangerous goods, in accordance with the People's Republic of China Road transport regulations and the safety management of dangerous chemicals Ordinance and other relevant laws, administrative regulations, this provision is enacted. Article engaged in road transport of dangerous goods operations and use for the services of non-owned vehicles engaged in road transport of dangerous goods, shall comply with this regulation.     The military except for the transport of dangerous goods.     Legal and administrative regulations provide otherwise on specific types of road transport of dangerous goods, from its provisions. The provisions of article III of the dangerous goods, refers to the explosive, flammable, poisonous, corrosive and radioactive characteristics, during transport, handling and storage, likely to cause personal injury, property damage and environmental pollution and the need for special protection of goods.     Dangerous goods to be included in the national standard of the nomenclature for dangerous goods (GB12268) as the standard, not included in the dangerous goods table, to relevant laws and administrative regulations of provisions or relevant departments of the State Council published results shall prevail.     Road transport of dangerous goods vehicles mentioned in these regulations (hereinafter referred to as special purpose vehicle), is engaged in the transport of dangerous goods by road trucks.     Road transport of dangerous goods referred to in this provision, refers to the use of special-purpose vehicle, through the whole process of road transport operations of dangerous goods. -The classification of dangerous goods, the fourth article, product name and number should be in accordance with the national standard of the dangerous goods classification and numbering (GB6944), the dangerous goods form (GB12268).     Risk of dangerous goods based on national standards of general specifications for transport packages of dangerous goods (GB12463), divided into grade ⅰ, ⅱ, ⅲ.     Fifth is engaged in road transport of dangerous goods should be guaranteed safety, transport according to law, good faith.     The sixth State encourages strong technical force, equipment and transportation conditions of the large enterprise specializing in the production of dangerous chemicals road transport of dangerous goods, encouraging transport enterprises of road dangerous goods intensive, specialized operations, encouraging the use of vans, tank and container transport of dangerous goods and other special vehicles.     The seventh Director of traffic, the national road transport of dangerous goods management.     Local transportation departments of people's Governments at or above the county level shall be responsible for organization and leadership of the regional road transport of dangerous goods management.     Road transport authorities above county level shall be responsible for the implementation of the road transport of dangerous goods management. Second chapter transport license eighth article application engaged in road dangerous goods transport business of, should has following conditions: (a) has meet following requirements of dedicated vehicles and the equipment: 1. owned dedicated vehicles 5 car above; 2. dedicated vehicles technology performance meet national standards operating vehicles integrated performance requirements and test method (GB18565) of requirements, vehicles outside profile size, and axis load and quality meet national standards road vehicles outside profile size, and axis load and quality limited value (GB1589) of requirements, Vehicle technologies and skills meet the industry standard operating vehicle technical classification and assessment requirements (JT/T198) provides technical level; 3. equipped with effective communications tools, 4. in accordance with safety regulations and with industry, to adapt to the size of the parking lot. Has transport toxic, and explosion and ⅰ class packaging dangerous goods dedicated vehicles of, also should equipped with and other equipment, and vehicles, and personnel isolation of dedicated parking regional, and established obviously of warning logo; 5. equipped with has and transport of dangerous goods nature phase adapted of security protection, and environmental protection and fire facilities equipment; 6. transport toxic, and explosion, and flammable, and radioactive dangerous goods of, should has tank type vehicles or van type vehicles, and dedicated container, vehicles should installation driving records instrument or positioning system; 7. Tank tank special vehicles should be inspected by the quality inspection department.     Transport of explosive, corrosive dangerous goods tank tank volume of no more than 20 cubic meters of special vehicles, special vehicles for transporting highly toxic dangerous goods tank tank volume should not exceed 10 m, but except for tank containers, 8. transporting highly toxic, explosive, non-corrosive dangerous goods tank vehicle authorized laden mass not exceeding 10 tons.     (B) practitioners have to meet the following requirements: 1. special purpose vehicle drivers to obtain the appropriate license, age less than 60 years of age, 2. drivers engaged in road transport of dangerous goods, handling management and escorts through the seat area of the municipal transportation departments of people's Governments, passed the examination, obtain the appropriate qualification.     (C) improve the safety management system, including safety procedures, safety responsibility, work safety supervision and inspection system and personnel, vehicles, equipment and safety management system.     Article enterprises that meet the following criteria, you can use the-owned special-purpose vehicles for units not operating road transport of dangerous goods: (a) one of the following institutions: 1. production safety supervision and management departments at or above the provincial level approved the establishment of the production, use and storage of hazardous chemicals enterprises, 2. special needs scientific research, military, General Aviation and other enterprises.     (B) the conditions laid down in article eighth, but has the number of private vehicles less than 5 units. Tenth Article application engaged in road dangerous goods transport business of enterprise, should to location set district of city level road transport management institutions proposed application, and submitted following material: (a) road dangerous goods transport business application table (see annex 1); (ii) intends transport of dangerous goods category, and items don't and the operation Programme; (three) Enterprise articles text; (four) investors, and head identity proved and copies, handling people of identity proved and copies and Attorney; (five) intends input vehicles commitment book, Content including dedicated vehicles number, and type, and technology grade, and communications tool equipped with, and total quality, and approved contains quality, and axle number and vehicles outside profile long, and wide, and high situation, tank type dedicated vehicles of tank body volume, and tank body volume and vehicles contains quality match situation, transport toxic, and explosion, and flammable, and radioactive dangerous goods of dedicated vehicles equipped with driving records instrument or positioning system situation.     If intends input dedicated vehicles for has acquisition or existing of, should provides driving card, and vehicles technology grade certificate or vehicles technology detection certificate, and tank type dedicated vehicles of tank body detection certificate or detection report and copies; (six) intends hired driving personnel, and handling management personnel, and escort personnel of practitioners qualification card and copies, driving personnel of license and copies; (seven) has parking to, and dedicated parking regional and security protection, and environmental protection, and fire facilities equipment of proved material;     (H) the text of the safety management system. 11th article application engaged in non-business sex road dangerous goods transport of units, to location set district of city level road transport management institutions proposed application Shi, except submitted tenth article subsection (five) to subsection (eight) items provides of material outside, also should submitted following material: (a) road dangerous goods transport application table (see annex 2); (ii) following form one of of units basic situation proved: 1. provincial above safety supervision management sector issued of dangerous chemicals registration card; 2. can proved research, and military, and     General Aviation and other enterprises relevant materials of the nature or the scope of business, (iii) the special transport needs of illustrative material (iv) Attn proof of identity, the unit or the power of attorney.     12th District of the municipal road transport management body shall, in accordance with the People's Republic of China regulations on road transport and the implementation of communications administrative license procedures, as well as the program implementation of the standardized administration of road transport of dangerous goods licenses, and field verification.     Decided granted license of, should to was license people issued road dangerous goods transport administrative license decided book (see annex 3), indicate license matters, license matters for transport dangerous goods of category and items don't, and dedicated vehicles number and the requirements, and transport nature; and in 10th within to road dangerous goods transport business applicants issued road transport business license, to non-business sex road dangerous goods transport applicants issued road dangerous goods transport license.     Decided not to license, no communications administrative license shall be issued to the applicant of decision. 13th licensee has access to other road transport operator licensing, municipal road transportation management institutions should be divided into districts for the renewal of the license for road transport operators, and raise in the scope of the new licensing matters.     If the original of the road transport operators permit was issued by the provincial administration of road transportation agencies, be renewed by the original issuing authority in accordance with the above requirements. 14th licensee shall in accordance with the limited amount of time to implement the proposed investment vehicle commitment. Make licensing decisions of road transport authority verified implementation of the licensee to be put into the vehicle undertaking and special-purpose vehicles meet the licensing requirements, the tank after passing inspection by the quality inspection departments, special vehicles should be dispensed of the road transport certificates, and in the road transport permits allow the transport of dangerous goods within the scope of the category, item-level.     Engaged in non-commercial road transport of dangerous goods, should be stamped on its road transport certificates, "non-operational special seal for the transport of dangerous goods".     15th road transport management institutions shall not permit a one-time, temporary road transport of dangerous goods.     16th licensee shall hold the road transport business license or permit for the road transport of dangerous goods in accordance with the industry and commerce administration authorities for registration procedures.     The 17th Sino-foreign joint ventures, Chinese-foreign cooperative, sole foreign investment in the road transportation of dangerous goods shall comply with the provisions on the administration of foreign investment in the road transportation.     18th road transport of dangerous goods business units or subsidiaries engaged in the transport of dangerous goods by road shall be made to the establishment of district municipal road transportation management application for transport permit; establishes a branch shall be made to the establishment of districts, the municipal transport authority report.     19th transport enterprises of road dangerous goods or need to change the license shall apply to the licensing authority, in accordance with the license provisions of this chapter.     20th road transport of dangerous goods the enterprise or termination of transport operations of dangerous goods, shall inform the original licensing authority before the termination date of the 30th and 10th after the closure of the road transport operators permit or the road transport of dangerous goods licenses, as well as the road transport certificates return the original issuing authorities.     Chapter III special vehicle and equipment management 21st road transport of dangerous goods the enterprise or unit shall, in accordance with the road freight transport and station management provisions of the regulations relating to vehicle management, maintenance, testing, use and management of special-purpose vehicles to ensure vehicle technology is in good condition. 22nd District of the municipal road management should periodically to examine the special vehicles for transport, testing once a year.     Certification in accordance with the regulations on the carriage of goods by road and station management, and increased testing of the following items: (a) the special vehicle carrier liability insurance for dangerous goods, (ii) tank vehicle tank inspection, (iii) essential emergency equipment and safety facilities and equipment availability.     23rd condemning, unauthorized modification of the prohibition of the use, testing failed, vehicle technologies and skills are not up to level and other vehicles engaged in road transport of dangerous goods in line with national requirements.     Articulated trains, except large object transportation vehicles with special device, prohibited the use of freight trains engaged in the transport of dangerous goods; dump-type vehicle can transport bulk sulfur and naphthalene cake, crude anthracene, coal tar and other dangerous goods.     Prohibit the use of mobile tanks (except tank containers) engaged in the transport of dangerous goods.     24th special vehicles should be equipped with road transport of dangerous goods vehicle maintenance conditions of enterprises for repair.     25th machine used for loading and unloading of dangerous goods and the technical condition and the fittings shall conform to the industry standards of the automobile transportation of dangerous goods regulations (JT617) establishes the technical requirements. 26th tank vehicle tank shall be in accordance with the steel pressure vessels (GB150), the motor vehicles transporting liquid dangerous goods, pressure vessels (tanks), General specification for (GB18564), the specifications of the national standard.     Special vehicles should be in the tank for tank inspection within the validity of the carriage of dangerous goods. The fourth chapter 27th transport dangerous goods consignments of dangerous goods road transport of dangerous goods shall entrust a qualified enterprise carrier, in strict accordance with the relevant provisions of the State package, and description of dangerous goods to the carrier name, quantity, damage, emergency measures, and so on. Need to add inhibitors or stabilizer, should be added in accordance with regulations.     Shipping of hazardous chemicals should also be submitted with the shipment of dangerous chemical equivalent security technical manuals and safety labels.     28th road transport of dangerous goods enterprises or units should be strictly in accordance with the road transport authority decided to license activities engaged in road transport of dangerous goods, shall not transfer, lease of road transport of dangerous goods licenses.     No non-operational unit that road transport of dangerous goods road transport of dangerous goods operations.     29th tank vehicle shall not be used or the transportation of toxic, corrosive, radioactive, dangerous goods special vehicles transporting general cargo.     Other special purpose vehicles engaged in food, daily necessities, medicines, medical devices, and other general cargo transport activities, it should be to eliminate the special vehicles, ensure that no pollution, damage from general cargo.     Dangerous goods shall not be mixed with the ordinary goods.     30th special vehicles should be in accordance with the national standard of the vehicle mark for road transport of dangerous goods (GB13392) required flag.     31st special vehicle based on the nature of the transport of dangerous goods should be equipped with the necessary emergency equipment and safety facilities and equipment.     32nd road transport of dangerous goods the enterprise or unit shall not be prohibited by laws or administrative regulations for transport transport of goods.     Laws, administrative regulations, restricted, voucher, transport of goods, dangerous goods transport enterprise or unit shall, in accordance with the relevant provisions of related transportation procedures.     Laws, administrative regulations, the shipper must go through the relevant formalities before the transport of dangerous goods, dangerous goods transport enterprise shall check the formalities are complete and valid before they can carry.     33rd transport enterprises of road dangerous goods or unit shall take the necessary measures to prevent loss of dangerous goods, young Isaac, loss and combustion, explosion, radiation and leakage.     34th special vehicle drivers should be onboard the road transport certificates.     35th road transport of dangerous goods the enterprise or unit shall hired with appropriate qualification of driving personnel, handling management and escorts.     Driver management, handling personnel and escorts to work should carry a qualification certificate. 36th in the road transport of dangerous goods in the process of driving personnel, special-purpose vehicles should be equipped with escorts.     Escorts shall supervise the whole process of transport.     37th the loading and unloading of dangerous goods, should be capable of management personnel under the command of the scene.     Article 38th special vehicles is strictly prohibited in violation of the relevant provisions and these provisions overload, overload.     39th transport enterprises of road dangerous goods or the unit at the time of the transport of dangerous goods shall comply with the relevant departments on the transport of dangerous goods line, time and speed requirements. 40th road transport of dangerous goods in China must be familiar with the relevant safety regulations, technical standards and safety regulations, safety rules, and understand the nature of the shipment of dangerous goods, harmful characteristics, packaging or containers instructions for use disposal measures and when the accident occurred.     Strictly in accordance with the transportation of dangerous goods regulations (JT617), of the automobile transportation, loading and unloading of dangerous goods Regulation (JT618) operations, no illegal operations.     41st road transport of dangerous goods the enterprise or unit in China should conduct regular safety, education, and business knowledge and practice for training.     42nd road transport of dangerous goods should strengthen safety production management in enterprises or units, staffed with full-time security managers to develop emergency plans, strict implementation of security systems. 43rd article in dangerous goods transport process in the occurred burning, and explosion, and pollution, and poisoning or was stolen, and lost, and diaspora, and leak, accident, driving personnel, and escort personnel should immediately to local police sector and this transport enterprise or units report, description accident situation, and dangerous goods name, and against and emergency measures, and in site take all may of warning measures, active tie about sector for disposal.     Transport enterprises or units should be immediately launched emergency response plans.     The 44th during the process of loading and unloading, storage, storage of dangerous goods should be based on the nature of the dangerous goods and storage requirements, light light relief, partition storage, stacking order, prevents mixing, leakage, damage, and shall not be mixed with General cargo storage.     45th road transport of dangerous goods enterprises or units shall cover the carrier's liability insurance for dangerous goods.     Fifth chapter 46th road transport of dangerous goods inspection of supervision and inspection in accordance with the road goods transport regulations and station management.     47th road transport authority staff in the process of implementation of the road transport inspection, found special vehicle overloading behaviour and safe unloading and storage conditions, should require drivers or escorts to have the conditions of transport of dangerous goods storage place to unload it. 48th sixth chapter legal liability for breach of this provision, any of the following circumstances, the road transport authorities above the county level shall order to stop transport, has illegally obtained, confiscation of illicit proceeds. Transport cargo belonging to dangerous chemicals, illegal gains of more than 50,000 yuan, illegal gains more than 1 time 5 times less fine not less than 50,000 yuan of illegal income or the illegal income, fines of less than 20,000 yuan and 200,000 yuan. Transport of goods belongs to dangerous goods other than dangerous chemicals, 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.     Constitute crime of, law held criminal: (a) not made road dangerous goods transport license, unauthorized engaged in road dangerous goods transport of; (ii) using failure, and forged, and variable made, and was cancellation, invalid road dangerous goods transport license pieces engaged in road dangerous goods transport of; (three) beyond license matters, engaged in road dangerous goods transport of; (four) non-business sex road dangerous goods transport units engaged in road dangerous goods transport business of.     49th article violates this provision, transport enterprises of road dangerous goods or illegal transfer, lease of road transport of dangerous goods permit, the road transport authorities above the county level shall order to stop the illegal practice, collection of relevant documents of less than 2000 Yuan and 10,000 yuan fine has illegally obtained, confiscation of illicit proceeds.     50th article violation this provides, road dangerous goods transport enterprise or units has following behavior one of, by County above road transport management institutions ordered deadline insured; refused to insured of, by original license organ revoked road transport business license or road dangerous goods transport license, or revoked corresponding of business range: (a) not insured dangerous goods carrier responsibility insurance of; (ii) insured of dangerous goods carrier responsibility insurance has expired, not continues to insured of.     51st in violation of this provision, the road transport of dangerous goods enterprises or units not complying with the provisions of the maintenance and testing of special-purpose vehicles, the road transport authorities above the county level shall order rectification, of up to between 5000 and 1000 Yuan fine.     52nd in violation of this provision, the road transport of dangerous goods enterprises or units not carried in accordance with 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. 53rd article violation this provides, road dangerous goods transport enterprise or units, and checked people has following behavior one of of, at 20,000 yuan above 100,000 yuan following of fine; constitute crime of, law held criminal: (a) engaged in road dangerous chemicals transport of driving personnel, and escort personnel, and handling management personnel not made practitioners qualification card of; (ii) checked people checked dangerous chemicals, not to carrier description transport of dangerous chemicals of name, and number, and against, and emergency measures, situation     ; Or need to add inhibitors or stabilizers, delivery of the consignment does not add; (c) the transportation, loading and unloading of dangerous chemicals do not comply with the relevant national laws, rules, regulations and national standards, did not take the necessary safety precautions in accordance with the dangerous chemicals characteristics.     54th article violation this provides, road dangerous goods transport enterprise or units no take necessary measures prevent goods off, and Yang sub of, by County above road transport management institutions ordered corrected, at 1000 Yuan above 3000 Yuan following of fine; plot serious of, by original license organ revoked road transport business license or road dangerous goods transport license, or revoked corresponding of business range.     55th article violation this provides, road dangerous goods transport enterprise or units has not has opened requirements of about security conditions, and exists major transport security hidden of, by County above road transport management institutions ordered deadline corrected; in provides time within cannot by requirements corrected and plot serious of, by original license organ revoked road transport business license or road dangerous goods transport license, or revoked corresponding of business range.     56th article violates these provisions, dangerous goods transport enterprise or unauthorized modifications have been made to the road transport certificates of special vehicles and special vehicles for tank tank from the road transport authorities above the county level shall be ordered to correct, and to a fine of up to 5000 Yuan and 20,000 yuan.     The seventh chapter supplementary articles article 57th the provisions on dangerous goods transport operations not provided for in, in accordance with the rules of carriage of goods by road and station management; on the road transport of dangerous goods operations not is not specified in the light of the rules of carriage of goods by road and station management. 58th road transport management transport of dangerous goods by road issued in accordance with this permit and road transport certificates, you can charge a nominal fee.     Cost of specific standard by the provinces, autonomous regions and municipalities finance, the price administrative departments approved by the Transportation Department. 59th these provisions come into force on August 1, 2005.       Released in 1993, traffic, the road transportation of dangerous goods regulations (delivery [1993]1382) repealed simultaneously.  附件1:       附件2:       附件3: ____________________________________

Related Laws