Waterway Traffic Management In Lanzhou City 2011 (Revised)

Original Language Title: 兰州市水路交通管理办法(2011年修正本)

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Waterway traffic management in Lanzhou city 2011 (revised)

    (Lanzhou municipal people's Government on April 13, 2003 [2003] released 1th December 17, 2010, Lanzhou municipal people's Government of Lanzhou municipal people's Government, the 18th Executive meeting on March 28, 2011 [2011] the 2nd release come into force on the date of promulgation of the Lanzhou municipal people's Government on changes of Lanzhou city 9 pieces such as the patriotic hygiene control regulations amendment of the decision of the Government) Chapter I General provisions

    First to strengthen transport management, maintenance of waterway traffic order, guaranteeing unimpeded passage and navigation safety, and rational development and utilization of water resources, and ensure the sustainable development of water transport, under the People's Republic of China inland river transportation security administration and the Gansu Provincial waterway traffic management regulations provisions of the regulations, combined with the city's actual, these measures are formulated.

    Article in the administrative area of the city of rivers, lakes, reservoirs, AIT and navigation, berthing, and operation in other waters, engaged in sea transport and services and waterway transportation facilities construction and management, ship repair and inspection, as well as other transport-related activities shall comply with these measures.

Article water transport in these measures, including commercial and non-commercial carriage of passengers and goods transport services, tourism, transport and related activities.

Waterway transport facilities in these measures, including waterways, ports, terminals, ferries, anchor, to help air navigation facility signs, channel and channel measurement stations, ships, docks and other waterway waterway engineering facilities.

Waterways mentioned in these measures refers to navigable waters available for all types of ships.

    Ships in these measures, including passenger ships, cargo ships, sightseeing boats, barges, construction ships, speedboats and other vessels and rafts and other floating facilities.

Fourth municipal traffic Administrative Department is the waterway Administrative Department for the management of the city.

Municipal traffic Administration Department of water transport and maritime authorities (hereinafter referred to as waterway traffic management), responsible for water transport, navigation, marine, ship inspection, water collection and collection of traffic regulations and other water traffic management.

Counties, the district people's Government and its traffic administrative departments and township and town people's Governments shall, in accordance with their respective functions and powers, responsible for waterborne transport-related administrative work within their respective administrative areas.

    Water Conservancy reform, planning, development, construction, law enforcement, public security, environmental protection, tourism, finance, price, safety and other related sectors, shall, within the scope of their respective duties, in collaboration with good management of water traffic.

    Fifth article city traffic administrative competent sector and belongs of waterway traffic management institutions and other related administration sector of staff, in waterway traffic management work in the should strictly perform himself of statutory duties, insisted law management, and civilization law enforcement; in exercise waterway traffic management terms, and for law enforcement check Shi, should active show administrative law enforcement documents; on not show corresponding administrative law enforcement documents of, management relative people can refused to accept check and timely to about sector reflect. Sixth sea-transport facilities protected by national law, no unit or individual may seize or damage.

Ships and their owners or operators of the legitimate rights and interests protected by law; in addition to judicial authorities and the traffic Administrative Department of waterway traffic management institutions and their terms of reference according to the law, and no other entity or individual may intercept or detain a ship.

    Ship owners, operators and others involved in activities associated with waterborne transport units or individuals, shall be paid in accordance with State regulations and waterway transport fees.

    Chapter II channel planning and construction

Seventh of municipal traffic administrative departments shall, in accordance with unified plans, coordinating the development of principles, preparation of shipping development plans and annual plans, submitted to the municipal people's Government for approval.

Annual shipping development plans should include capacity adjustments, waterway and ports, terminals, ferries (hereinafter the port) settings and a special area for the designation, ship-building factory (point) and to determine layout, routes and berths at the dock and so on.

    Preparation of shipping development plans and annual plans, shall conform to the National Ministry of planning of the Yellow River shipping, shipping in the Yellow River in Gansu province plans, as well as the comprehensive River basin planning and urban planning, overall consideration of comprehensive development and utilization of water resources, ecological environment construction and urban layout, coordination.

    The eighth fairway and waterway infrastructure, should comply with the relevant national water resource management, flood management and river management regulations, taking into account the Cross-River Water Conservancy and hydropower projects and buildings, structures, pipeline safety and normal use; needed migration, or affect their normal use, should take remedial action or compensation according to law.

The Nineth traffic administrative departments and waterway traffic management agencies should strengthen the construction and management of shipping infrastructure, integrated planning and annual plan layout settings according to the shipping port, setting the ship berth and anchorage.

Setting, adjust the ferry traffic administrative departments should be consulted where the ferry County, views of the Township people's Governments.

    Government encourages all kinds of market entities multi-channel investment to construct the port, built docks, investors enjoy the legitimate rights and interests of the port and dock, and assume the corresponding responsibility, and accept traffic administrative departments and waterway management bodies and management; its specific measures formulated by the municipal traffic administrative departments, reported to the municipal people's Government for approval for implementation.

    Chapter III administration of waterways and maintenance

Tenth institution shall, in accordance with the comprehensive development of waterway waterway traffic management plan, annual plan and channel technical level, strengthening channel management and conservation efforts, maintain channel dimension specified, maintain clear channel and waterway facilities intact, and timely publishing channel to the ships and units, beacons and channel water and waterway engineering construction job announcements.

    Waterway maintenance work shall be borne by the dredging and maintenance professionals.

11th in navigable waters river, building across the River, overlooking the building, structure, laid or erected across the channel, pipe, cable and other aquatic submarine construction work, or for water recreation, sports and other activities, shall first seek consent of the waterway traffic management agencies agreed, and River Management Department for approval according to relevant regulations of the State.

Aquatic submarine construction work or doing water sports activities, the unit or activity organizers should take corresponding measures to ensure safe navigation of ships, set of warning signs and traffic signs, temporary interruption of shipping requires a prior consent of the waterway traffic management agencies and take appropriate measures such as waterway traffic control.

    Channel interrupt, deteriorate due to construction or waterway facilities damaged, the construction unit shall within the period specified in the waterway traffic management agency technical level standard for the original channel be restored; the employer cannot recover, sea traffic management agencies by recovery, the costs borne by the employer.

    12th in the navigable waters of the underwater operations after the end of the job, the construction unit shall, in accordance with channel management related provisions and technical specifications for timely clearing and grubbing; time after cleaning or cleaning is still not up to the requirements and technical specifications from the waterway traffic management agencies order cleaner or clean up, the costs borne by the employer.

13th in channel laying underwater pipelines, cables, should be buried in channel cross sections indicate the riverbed below its embedment depth starting from the top pipe and cable protection and Riverbed instability or soft fairway shall not be less than 1.5 m, river channel stability or hard soil shall not be less than 1.2 m. In channel over built across River buildings, and structures and erection pipeline, and cable, the buildings, and structures or pipeline, and cable line and appendages of bottom distance water of clearance height, by flow volume for 3000 cubic metres/seconds calculation, shall not is less than 8 meters; but transmission flammable, and easy burst, and toxic, and harmful, dangerous items of pipeline, its bottom distance water of clearance height shall not is less than 9 meters.

    On the water, underwater River buildings, structures and pipelines, cables, the construction unit shall set up a permanent mark indicating its clearance height or depth, as well as pipelines and the scope of protection, to the waterborne transport and related drawings, information management and other relevant administrative departments for the record but otherwise provided by the State from its provisions.

    14th all have an impact on channel of buildings, structures and other facilities, as well as shipwrecks sunk, its owner, user or liability shall, in accordance with relevant provisions of waterborne traffic safety management, set up warning signs and is responsible for the management, of sinking and floating material shall timely removal.

    15th special purpose built buildings and structures in the region, putting up temporary buildings or engage in recreational activities, sports, business, shall first seek consent of the waterborne transport and administration, and to comply with the provisions related to port-specific regional management.

Navigable waters and ports within the private area of the 16th article the following actions are forbidden:

(A) dumping, laying dirt, gravel, and other navigation objects;

(B) dumping, disposal of garbage, sewage and other waste;

(C) move, damage, navigation AIDS and other waterway associated facilities;

(D) unauthorized building may change course to and scale of dams, irrigation works and other buildings and structures;

(V) unauthorized digs in a waterway and port-specific area of sand, Earth, mining;

    (Vi) unauthorized berthed ships in the waterway and port-specific areas;

    (G) prevent other acts of trade and navigation.

    The fourth chapter administration of waterway transportation

17th commercial water transportation total amount control and orderly development and the principle of unified management.

Government guidance prices price of water transport.

    Commercial water transportation bills use unified bills produced by the tax authorities.

18th water passenger transport, goods transport, sightseeing transport routes and entertainment operating berths, the implementation term of the franchise system.

Lines and berth the franchise should be made through open bidding.

Lines and berth franchises open bidding and the specific measures formulated by the municipal traffic administrative departments, and submitted to the municipal people's Government for approval.

    Lines and berth franchise is protected by law, without the approval of municipal traffic administrative departments shall not be transferable.

    19th establishment engaged in transportation procedures, cargo transit, the sea transport service of goods supply and ticketing services company, the Parties shall apply in writing to the municipal traffic administrative departments; traffic Administrative Department shall, from the date of receipt of the application within the 30th decision meets the conditions of approval, does not meet the conditions of grant approval and written explanations.

20th traffic administrative departments to make lines, sea transport berths of the franchise operators, waterway transport permit should be issued; to approve the establishment of sea transport services company, sea transport services permit should be issued.

    Transportation license access to waterways and sea transport services licensing, permits apply to industrial and commercial administrative organs for registration.

21st sea-transport operator shall meet the following conditions:

(A) according to the regulation made sea transport routes and parking franchise;

(B) commensurate with the scope of the Organization, managers and qualified and qualified crew;

(C) improve the security, financial and other internal management system;

(D) commensurate with the scope of the ship;

(E) requirements within the scope of the operation has a steady passenger and cargo throughput;

(F) engaged in passenger transportation and tourism transport, should declare their docking stations, along, necessary for the implementation of ship berthing and passenger security services;

(VII) with liquidity compatible business;

(H) transport ships with proof of insurance for ships;

    (IX) other conditions stipulated by relevant laws, rules and regulations.

22nd sea transport enterprise shall satisfy the following conditions:

(A) have legal personality;

(B) access to water transport services licensing;

(C) commensurate with the scope of organizations, professionals and sound internal management system;

(D) a fixed place of business and necessary business facilities;

    (E) commensurate with the scope of business liquidity.

23rd sea-transport operators, in relation to sea transport operations shall comply with the following requirements:

(A) the ship to meet the technical standards and regular maintenance, periodical testing, kept in good condition, navigation, operation and parking strictly follow the relevant technical regulations;

(B) the crew, officers and auxiliary services personnel receive specialized training and acquire the necessary qualifications;

(C) the tonnage of waterway traffic management agency approved (capacity), water, shipping routes, ports, berths, stop engaging in business;

(D) the prescribed rate, use unified bills;

(V) may not be selling alcohol and chewing gum in the ship;

(Vi) waste, sewage and other waste removal ashore and treated in accordance with the relevant provisions;

    (G) passenger ships, barges and tourist boats set up dedicated smoking areas.

    24th sea transport operators shall operate within the approved scope of business activities, in accordance with the charges of fee-charging.

25th water hydrological monitoring, project management and other non-commercial waterways, waterway traffic management should be record.

    Prohibit non-commercial sea transportation units and individuals engaged in passenger and freight transport, tourism, entertainment and other kinds of commercial water transport and sea transport service activities.

26th aboard passenger ships shall comply with the following provisions:

(A) to comply with by rules;

(B) obey the unified arrangements and scheduling Manager, forcibly boarding;

(C) shall not enter the cockpit, engine room, working area shall not touch the anchor and tie cables;

(D) shall not be moved, damaged the ship's rescue, security, fire-fighting equipment and warning signs;

(E) there shall be no cross Rails, running, jumping, shaking and other acts that jeopardize safety;

(Vi) not to discard disposable lunch boxes, plastic bags, and food wrappers, gum and other debris, waste;

    (VII) not to drink alcohol, not smoking in special smoking areas.

27th sea transport operators and the sea transport service operators to change scope and other matters shall be conducted in accordance with the following provisions:

(A) change of scope of business, business name, domicile, legal representative and submitted to the original examination and approval authority for approval and renewal of license books, vouchers and other related departments for industry and commerce to enterprise alteration registration procedures;

(B) the transfer of ownership, after the original heads of the business formalities, new heads according to prescribed procedures to the opening formalities;

    (C) the suspension of operation or closure, in the original approval of the traffic Administrative Department and cancellation of certificates, according to the Administrative Department for industry and commerce or business procedures.

    The fifth ship and crew management

The 28th ship design, construction and maintenance, shall comply with the relevant regulations of the State, in line with the norms, procedures and standards for ship inspection technology.

Establishment of ship-building factory (points), to carry out ship repair business, shall be subject to the waterborne transport regulatory body has obtained the relevant qualification certificates, to the administrative departments for industry and commerce-related procedures.

    Ship repair business operators shall be in accordance with the approved qualifications, operating within the approved scope of business activities.

29th ships should carry out statutory inspection.

Vessel inspection by the waterway traffic management agencies, by a qualified ship's inspection organization and ship inspection personnel.

By inspection of the ship, ship inspection bodies corresponding inspection certificates shall be issued in accordance with the relevant provisions of the State.

    Without legal inspection and/or unqualified use of the ship.

Article 30th all kinds of ship shall be registered according to law.

Registration of ships by the waterway traffic management agencies.

    Waterway traffic management agencies on receipt of the application for registration of ships should be responded to in accordance with the procedures and time limits set by the State, to meet the requirements of registration and issuance of registration certificate, does not meet the requirements of registration and to state the reason in writing.

31st the ship should have the following flags:

(A) the bow two string indicating name of the vessel and the stern;

(B) the stern of ship names below indicate the port;

(C) name of ship, its port of marking pinyin at the bottom;

(D) the bow and Stern, two strings indicate the draft scale;

(E) ship the middle two strings marked load line.

    Ship type or size limitations in the position indicated in the preceding paragraph flag ship should be prominently marked the ship name and port of the vessel.

The 32nd ship used shall meet the following conditions:

(A) valid statutory certificate, registration certificate and other legal documents;

(B) is in good condition, communications, signals, navigation, fire-fighting and life-saving facilities, health, environmental protection and other equipment are complete and valid;

(C) ship type, scope to adapt and obtain the appropriate qualification of crew members;

(D) according to the regulations of the State must provide insurance, holds the corresponding insurance certificate;

    (V) shall meet the conditions. 33rd vessel owners and operators should strengthen ship repair and maintenance, ensure that the normal use.

Ship repair, should enter the private dock. Ship to reach the required age, compulsory scrapping system.

    Compulsory scrapping by the waterway traffic management agencies, and the specific measures according to the relevant State regulations.

    34th crew should be professional training after the waterway traffic management organization, upon passing the examination, obtain commensurate with positions of responsibility of the People's Republic of China crew member certificate of competency and crew service book, the induction.

35th waterway traffic management agency crew registration should be archived, its service organization, job title, qualifications of service registration.

    Crew registration changes shall be made to the waterway authorities for registration of changes.

36th ship owners or operators should strengthen management of vessels and crews and other support services personnel, according to the ship's technical performance, loading conditions, crew and hydrometeorological conditions for water transportation activities.

    Prohibition of the employment of seafarers ' certificates-free staff for crew.

    37th ship inspection certificates, ship visa book, seafarers ' certificates, commercial transport permit must carry on board, no unit or individual shall not sell, resell, alteration and forgery.

    Prohibits sale of legal documents, transfer transfer nationality to engage in business activities.

    38th ships must remain engaged in water transport ship receives a ship looks good, has adapted to the passenger facilities, and waterway transportation administration ships, routes, stops engaging in transport services, should not be changed.

    The sixth chapter, AIT managing

    39th development AIT shall be submitted to the municipal people's Government for approval. No unit or individual without the waterway traffic management authority for approval and not subject to AIT for the carriage.

    Engaged in business activity is strictly prohibited in the AIT set up stall.

    40th dry season should be conscious of the public away from the water close to the shoal, is strictly prohibited in bunkers puddle swim in summer, to prevent accidents.

    41st any units or individuals found the following circumstances shall be reported to the transportation authority:

    (A) passengers to the AIT;

    (B) destroying navigation navigation AIDS, monitoring facilities.

    The seventh chapter safety management

    42nd sea principle of who's in charge and who is responsible for traffic safety.

    Water, underwater operations, held aboard ship, water sports activities, dining and entertainment, as well as to run the water and other sea-related activities shall comply with the provisions relating to water safety and security management.

    43rd waterway traffic management should strengthen the waterway traffic safety and management of unified supervision and inspection, County, district and township and town people's Governments of waterway traffic safety management, operational guidance.

    County, district people's Government shall set up and perfect the administrative structure within the waterborne traffic safety management systems and safety responsibility system, waterway traffic safety management of township and town people's governments carry out supervision and inspection of work.

    Township and town people's Governments in charge of the area villages and towns ships and ferry security management and implement safety management, build villages, Fords and towns safety responsibility system of the ship and its owners, regular safety education for crew, ferry workers, to investigate and punish violations of the safety management system.

    The 44th ship owners and managers, shall set up and improve the ship's safety management system, implementation of safety measures and responsible.

    Ship navigation, operation and parking should be to protect its own security and without jeopardizing the safety concern for other ships, shall not violate the speed limit shall be without prejudice to the normal navigation of other vessels that should not be banned parking in parking areas.

    Rafts in waterway traffic management agencies within the designated waters in accordance with the provisions of the route.

    Night navigation condition of waterway and ships do not have prohibited night sailing.

    45th prohibits vessels carrying inflammable, explosive, toxic, hazardous and other dangerous items.

    Prohibit any passenger ship is overloaded. Cargo ship cannot be overloaded.

    For special situation, does needed carrying or towing super long, and super high, and super wide, and half dive objects of, party should prior consent of waterway traffic management institutions agreed and in shipment or towing Qian 24 hours reported waterway traffic management institutions approved intends sailing of route, and time, take corresponding of security, developed emergency plans, guarantees transport security; need escort of, should to waterway traffic management institutions application escort.

    46th article 12 the following small boats and rafts in the water, the crew and passengers should wear a life jacket; and passengers shall be fixed dock mooring berth.

    Small boats docked, passengers rushed beach.

    47th in navigable waters the following operations that could affect navigation safety, should be in operation before the waterway traffic management agencies for the record:

    (A) meteorological observations and measurements, geological survey;

    (B) navigation channel maintenance;

    (C) large area cleared the water floats;

    (D) other acts that may affect the waterway traffic safety.

    The 48th when encountering any of the following circumstances, waterway traffic management agencies should be taken where limited navigation, such as Dan Hang, Closure of navigation restrictions, traffic temporary measures, and shall be published in a timely manner:

    (A) inclement weather or large floats on the water;

    (B) on a wide range of water construction operations;

    (C) affect the navigation maritime accidents;

    (D) water mass cultural activities or sports competitions;

    (E) greater impact on navigational safety of other cases.

    49th article ship occurred collision, and stranded, and rocks, and waves loss and cyclone, and fire and other water Shang traffic accident Shi, accident site near of ship, and crew and the other units and personal are has tried to rescue distress personnel and timely to waterway traffic management institutions or about sector report of obligations; waterway traffic management institutions received distress for help signal or report Hou, should immediately organization power for rescue; distress site and near of ship, and personnel, must obey waterway traffic management institutions of unified scheduling and command.

    Water traffic accident investigation, in accordance with the People's Republic of China inland river transportation security regulations and the approach of traffic accidents on the water in Gansu province, as well as other relevant laws, rules and regulations of the relevant provisions.

    The eighth chapter legal liability

    50th article does not get the water license in commercial sea transportation, the municipal traffic administrative departments of rectification, and in accordance with the People's Republic of China regulations on administration of waterway transportation in Gansu province and the waterway traffic management regulations and the relevant provisions of other relevant laws, rules and regulations will be punished.

    Survey of ships without certificates or without registration without a navigation, operations, waterway traffic management bodies in accordance with the People's Republic of China inland river transportation security regulations and the provisions of the waterway regulation of Gansu province, to order the suspension of navigation and operations; refusing to stop, withhold their ships in serious cases, confiscation of their vessels.

    The 51st article violates these rules, any of the following acts, sea traffic management agencies by rectification, fined 500 Yuan more than 1000 Yuan the following fines:

    (A) without the consent of waterway traffic management agencies, unauthorized construction of buildings and structures in ports within the private area, putting up temporary buildings, sports and commercial activities;

    (B) engaged in non-commercial water transportation activities, not to the waterway authorities for the record;

    (C) small boats and rafts of the crew and passengers are not required to wear life jackets or passengers is not required when docking;

    (D) the rafts not complying with the provisions of the designated waters and sailing routes.

    The 52nd in violation of the provisions of article 16th, by waterway traffic management agency ordered corrective action and to individuals sentenced to between 50 Yuan and 200 Yuan fines, more than 500 Yuan for units below 1000 Yuan fine loss shall bear liability.

    53rd ship passengers in violation of the provisions of article 26th, by waterway traffic management agency ordered corrective action and sentenced to between 50 Yuan and 200 Yuan fines.

    54th other acts in violation of these rules, by traffic administrative departments, waterway traffic management bodies or relevant County and township people's Government and other administrative departments in their respective statutory functions and powers, in accordance with the relevant provisions of the relevant laws, rules and regulations will be punished.

    55th parties of waterway traffic management agency refuses to accept the administrative penalties in accordance with this approach, may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 56th article traffic administrative competent sector and waterway traffic management institutions and related County District, and township government not law perform duties, on by is responsible for of waterway traffic security management not do supervision, and check and management responsibility, caused waterway traffic accident or led people life and national, and masses property suffered major loss of, on its main head and has directly responsibility of other personnel, by its superior organ or administrative monitored sector law held administrative responsibility; plot serious constitute crime of,

    The attention of the judicial organs shall investigate the criminal liability.

    57th Transportation personnel of administrative departments and waterway traffic management agencies, waterway traffic management and dereliction of duty, abuse of power, favoritism, and by their work units or higher authority, impose administrative sanctions; if the case is serious enough to constitute a crime, the attention of the judicial organs shall investigate the criminal liability.

    The Nineth chapter supplementary articles

    Article 58th of waterway transportation activities in Foreign Affairs in accordance with the relevant provisions of the State. 59th these measures shall come into force on June 1, 2003.