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Article 2 These regulations shall be observed in the transportation of road dangerous goods and the use of self-provided vehicles engaged in the transportation of non-operating road dangerous goods served by the unit. Except for the transport of military dangerous goods.
Where laws or administrative regulations provide otherwise for road transport of certain types of dangerous goods, they shall be stipulated.
Article 3 The term "dangerous goods" as used in these Regulations refers to the characteristics of being explosive, flammable, poisonous, corrosive, radioactive, etc. It is particularly prone to special protection in the course of transportation, loading, unloading and storage, which can easily cause personal injury, death, property damage and environmental pollution. goods. Dangerous goods are listed in the national standard "Dangerous Goods List" (GB12268). If they are not listed in the "Dangerous Goods List", the relevant laws and administrative regulations or the relevant departments of the State Council shall prevail.
The term "dangerous goods transport vehicles" (hereinafter referred to as "special vehicles") as used in these Regulations refers to trucks engaged in the transportation of road dangerous goods.
The term "transportation of road dangerous goods" as used in these Regulations refers to the entire operation of transporting dangerous goods through the use of special vehicles.
Article 4 The classification, sub-item, product name and product name number of dangerous goods shall be implemented in accordance with the national standard "Dangerous Goods Classification and Name No." (GB6944) and "Dangerous Goods Part List" (GB12268). The degree of danger of dangerous goods is classified into Class I, II, and III according to the national standard "General Technical Conditions for Transport Packaging of Dangerous Goods" (GB12463).
Article 5 The transportation of dangerous goods engaged in roads shall ensure safety, transport according to law and be honest and creditworthy.
Article 6 The State encourages large-scale professional dangerous chemical production enterprises with strong technical force, good equipment and transportation conditions to engage in the transport of dangerous goods on roads, encouraging road dangerous goods transport enterprises to implement intensive and specialized operations, and encourage the use of vans, tanks and Special vehicles such as containers transport dangerous goods.
Article 7 The Ministry of Transportation shall be responsible for the management of the transportation of dangerous goods on roads throughout the country.
The competent departments of communications of the local people's governments at or above the county level shall be responsible for organizing and leading the management of road dangerous goods transport in their respective administrative areas.
Road management agencies at or above the county level are responsible for the specific implementation of the management of road dangerous goods.
Chapter II Transport Licensing
Article 8 An application for engaging in the transportation of road dangerous goods shall meet the following conditions:
(1) There are special vehicles and equipment that meet the following requirements:
1 own special vehicles more than 5;
2. The technical performance of the special vehicle complies with the requirements of the national standard "Comprehensive Performance Requirements and Inspection Methods for Operating Vehicles" (GB18565). The dimensions, axle load and quality of the vehicle comply with the national standard "Outline size, axle load and quality limit of road vehicles. (GB1589) requirements, vehicle technical level to achieve the industry standard "technical classification and assessment requirements of operational vehicles" (JT/T198) stipulated by the level of a technical level;
3. Equipped with effective communication tools;
4. There are parking lots that meet safety requirements and are compatible with the scope and scale of operations. Where there are special vehicles for transporting dangerous goods that are highly toxic, explosive, and packed in Class I, special parking areas must be provided that are isolated from other equipment, vehicles, and personnel, and obvious warning signs should be established;
5. Equipped with safety protection, environmental protection and fire-fighting facilities and equipment suitable for the nature of the dangerous goods being transported;
6. Transportation of highly toxic, explosive, flammable, radioactive dangerous goods shall include tank vehicles or van vehicles and special containers. Vehicles shall be equipped with a tachograph or positioning system;
7. Tanks for special tank vehicles should be inspected by the quality inspection department. The tank volume of special tank vehicles for transporting explosive and highly corrosive dangerous goods shall not exceed 20 cubic meters. The tank volume of special tank vehicles for transporting highly toxic dangerous goods shall not exceed 10 cubic meters, except for tank containers.
8. The non-tank-specific vehicles that transport highly toxic, explosive, and highly corrosive dangerous goods shall not exceed 10 tons of approved quality.
(b) There are practitioners who meet the following requirements:
1. The driver of the special vehicle obtains the corresponding motor vehicle driving license and the age is not more than 60 years old;
2. Drivers, stevedores, and escorts who are engaged in the transportation of road dangerous goods shall pass the examination of competent authorities of the people's government at the municipality where they are located and obtain corresponding professional qualification certificates.
(3) There are sound safety production management systems, including safety production operating procedures, safety production responsibility systems, safety production supervision and inspection systems, and safety management systems for employees, vehicles, and equipment.
Article 9 Enterprises and institutions that meet the following conditions may use the self-provided special vehicles to transport non-operating road dangerous goods that are served by their own units:
(1) One of the following enterprises and institutions:
1. Enterprises that produce, use and store hazardous chemicals approved by the production safety supervision and management department at or above the provincial level;
2. There are special needs of scientific research, military industry, general aviation and other enterprises and institutions.
(2) The conditions stipulated in Article 8 are met, but the number of self-owned vehicles may be less than 5 vehicles.
Article 10 An enterprise that applies for the transportation of road dangerous goods shall submit an application to the municipal road transportation management agency of which the district is located, and submit the following materials:
(1) "Application Form for the Transport of Road Dangerous Goods" (see Annex 1);
(2) The type, item and operation plan of the dangerous goods to be transported;
(3) the text of the company's articles of association;
(4) The identity certificate and the photocopy of the investor, the responsible person, the identity certificate of the handler, a copy thereof and the power of attorney;
(5) Proposed vehicle commitment letter, including the number, type, technical grade, communication equipment, total quality, approved loading quality, number of axles, length, width, and height of the vehicle's profile, tanks for special vehicles. Body volume, tank volume and vehicle load quality match, special vehicles transporting highly toxic, explosive, flammable, radioactive dangerous goods are equipped with a driving recorder or positioning system. If the vehicle to be invested is already purchased or existing, it shall provide the driving permit, vehicle technical grade certificate or vehicle technical inspection certificate, can type testing certificate or inspection report and copy of the tank special vehicle;
(6) The employment qualification certificate and its photocopies of the driver, loading and unloading management personnel and escort personnel, and the driving license and copy of the driver;
(7) Proof materials for parking lots, special parking areas, and safety protection, environmental protection, and fire-fighting facilities and equipment;
(8) Texts related to the safety production management system.
Article 11 Any entity that applies for the transportation of dangerous goods for non-operating roads shall apply to the municipal road transport administrative organization of the locality where it is located, unless it submits the materials specified in Article 10(5) to (8). The following materials should also be submitted:
(1) "Application Form for the Transport of Road Dangerous Goods" (see Annex 2);
(II) Proof of the basic situation of the unit in one of the following forms:
1. "Dangerous Chemicals Registration Certificate" issued by the safety production supervision and management department at or above the provincial level;
2. Materials that can prove the nature or business scope of scientific research, military industry, general civil aviation, and other enterprises and institutions;
(c) the explanatory materials for special transportation requirements;
(4) The identity certificate of the handler and its photocopy, the work certificate or power of attorney of the unit.
Article 12 The city-level road transportation management agency in the district shall implement administrative licenses for road dangerous goods transportation in accordance with the "Regulations of the People's Republic of China on Road Transportation" and the "Provisions on the Procedures for the Implementation of Transport Administrative Licensing" as well as the procedures regulated by these Provisions, and carry out on-site inspections. .
If it decides to grant a permit, it shall issue to the licensee a Decision on the Administrative Permit of Road Dangerous Goods Transportation (see Attachment 3), indicating the licensing items. The licensing matters are the categories and items of dangerous goods transported, the number and requirements of special vehicles, The nature of the transportation; and within 10 days, the road transportation business license is issued to the road dangerous goods transportation business applicants, and the road transport of dangerous goods transport licenses is issued to the non-operative road dangerous goods transport applicants.
If it decides not to permit it, it shall issue to the applicant a "Notice for Deciding Traffic Administrative License."
Article 13 Where the licensee has already obtained other road transport business licenses, the district-level municipal road transport management agency shall reissue the “Road Transport Permit†and add new licenses to the business scope. If the original "Road Transport Operation Permit" was issued by the provincial road transport management agency, the original issuing authority shall re-issue it in accordance with the above requirements.
Article 14 The licensee shall implement the promised vehicle input commitment in accordance with the time limit. After the road transportation management agency that has made the licensing decision has verified that the licensee has implemented the vehicle commitment letter and the special vehicle complies with the licensing requirements and the tank has been inspected by the quality inspection department, the road transportation permit should be issued for the special vehicle. And indicate the categories and items that are allowed to transport dangerous goods within the scope of business of the "Road Transport Certificate". Among them, the transport of dangerous goods engaged in non-operating roads should be affixed with a "Dedicated Seal for the Transport of Non-operating Dangerous Goods" on its "Road Transport Certificate".
Article 15 Road transport management agencies shall not permit the transportation of dangerous goods that are once-off or temporary roads.
Article 16 The licensee shall handle the registration formalities with the administrative department for industry and commerce in accordance with the "Road Transport Operation Permit" or the "Dangerous Goods Transport Permit for Roads" according to law.
Article 17 Chinese-foreign joint ventures, Chinese-foreign cooperation, and foreign-funded enterprises that invest in road dangerous goods shall comply with the Regulations on the Administration of Foreign-invested Road Transportation.
Article 18 If a dangerous goods transport enterprise or unit establishes a subsidiary company to engage in the transportation of road dangerous goods, it shall apply to the municipal road transportation management institution with the designated area for a transportation license. If a branch company is established, it shall establish a regional Municipal road transport management agency reported.
Article 19 If a road dangerous goods transport company or entity needs to change the licensing matters, it shall submit an application to the original permitting authority and handle it in accordance with the provisions of the relevant licenses in this chapter.
Article 20 If a dangerous goods transport enterprise or unit terminates the dangerous goods transport business, it shall notify the original permitting agency 30 days before the termination date, and shall, within 10 days after the suspension of business, put the "Road Transport Permit" or "Road Dangerous Goods". The "Transport Permit" and "Road Transport Certificate" are returned to the original issuing authority.
Chapter III Special Vehicles and Equipment Management
Article 21 An enterprise or entity that transports road dangerous goods shall maintain, test, use, and manage special vehicles in accordance with the regulations concerning vehicle management in the Regulations on the Administration of Road Freight and Stations to ensure that the special vehicles are in good condition.
Article 22 The city-level road transportation management institution in a district shall regularly examine the special vehicles and examine them once a year. The inspection shall be conducted in accordance with the "Regulations on the Administration of Road Freight and Stations and Yards", and the following inspection items shall be added:
(1) The liability insurance of dangerous goods carrier for special vehicles;
(2) Inspection of the tank body quality of special tank vehicles;
(3) The necessary emergency equipment and safety equipments are equipped.
Article 23 It is forbidden to use vehicles that have been scrapped, tampered with, unqualified for testing, whose vehicle technology level is less than one level, and other vehicles that do not comply with the state regulations to engage in road transport of dangerous goods.
Except for articulated trains and special vehicles for large-scale article transportation with special devices, the use of truck trains for the transportation of dangerous goods is strictly prohibited; dump vehicles can only transport dangerous cargoes such as bulk sulphur, naphthalene cakes, crude plutonium, and coal tar pitch.
It is forbidden to use mobile tanks (excluding tank containers) for dangerous goods transport.
Article 24 The special vehicles shall be repaired by the enterprises that have the conditions for the maintenance of road transport vehicles for dangerous goods.
Article 25 The technical conditions of machinery, work, and attachments used for loading and unloading dangerous goods shall comply with the technical requirements stipulated in the industry standard "Rules for the Transport of Dangerous Goods by Cars" (JT617).
Article 26 Tanks of tank-type vehicles shall meet the requirements of national standards such as "Steel Pressure Vessels" (GB150) and "General Technical Conditions for Automotive Transport of Liquid Dangerous Goods, Atmospheric Pressure Vessels (Tanks)" (GB18564). condition. Tank-type special vehicles should carry dangerous goods within the valid period of tank inspection.
Chapter IV Transport of Dangerous Goods
Article 27 Dangerous goods consignors shall entrust enterprises with the qualifications for the transport of road dangerous goods to transport, strictly follow the relevant provisions of the State, and indicate to the carrier the names, quantities, hazards and emergency measures of the dangerous goods. If inhibitors or stabilizers need to be added, they should be added as required. Hazardous chemical consignments should also be submitted with safety technical instructions and safety labels that are identical to the hazardous chemical being shipped.
Article 28 An enterprise or entity that transports road dangerous goods shall strictly engage in the transportation of dangerous goods on the road in accordance with the licensing matters decided by the road transportation management agency, and may not transfer or lease the road transport license for dangerous goods.
It is forbidden for non-operating road transporters of dangerous goods to engage in the transportation of road dangerous goods.
Article 29 No special tank vehicle or special vehicle for transporting toxic, corrosive or radioactive dangerous goods shall be used to transport general cargo.
Other special vehicles may carry out general cargo transportation activities other than food, daily necessities, medicines, and medical devices. However, special vehicles should be used to eliminate dangerous hazards to ensure that they do not cause pollution or damage to ordinary cargo.
Dangerous goods must not be mixed with ordinary goods.
Article 30: Special vehicles shall be marked according to the requirements of the national standard "Road Transport of Dangerous Goods Vehicles" (GB13392).
Article 31 Special vehicles shall be equipped with necessary emergency treatment equipment and safety protection facilities and equipment according to the nature of the dangerous goods being transported.
Article 32 An enterprise or entity that transports road dangerous goods may not transport goods prohibited by laws and administrative regulations.
The enterprises or units that restrict the transport of goods and certificates as prescribed by laws and administrative regulations and the road dangerous goods transport enterprises or units shall handle the relevant transportation procedures in accordance with the relevant regulations.
If the law or administrative regulations require the shipper to handle dangerous goods that must be handled before the relevant procedures, the road transporter of dangerous goods shall check that the relevant procedures are complete and effective before being carried.
Article 33 An enterprise or entity that transports road dangerous goods shall take necessary measures to prevent the shedding, scattering, loss, and burning, explosion, radiation, and leakage of dangerous goods.
Article 34 The driver of a special vehicle shall carry the "Road Transport Certificate" with him.
Article 35 An enterprise or unit transporting road dangerous goods shall employ drivers, stevedores, and escorts with corresponding professional qualification certificates.
Drivers, loading and unloading managers, and escorts shall carry their qualification certificates with them when they take up posts.
Article 36 In the process of transporting road dangerous goods, in addition to driving personnel, special vehicles shall be provided with escort personnel. The escort personnel should supervise the entire transportation process.
Article 37 Loading and unloading of dangerous goods shall be conducted under the command of the loading and unloading management personnel.
Article 38 It is forbidden for a special vehicle to violate the relevant provisions of the State and these provisions shall be overloaded or overloaded.
Article 39 When transporting dangerous goods, a road transport enterprise or unit of dangerous goods shall comply with the relevant provisions of the relevant departments regarding the transport routes, time, and speed of dangerous goods.
Article 40 Road transport personnel of dangerous goods must be familiar with regulations, technical standards, safety production rules and regulations, and safety operation regulations concerning safe production, and understand the nature, hazard characteristics, use requirements, and occurrences of dangerous goods that are shipped. Disposal measures in accidents. In strict accordance with the "Rules for the Transportation of Dangerous Goods for Motor Vehicles" (JT617), "Operational Regulations for Automobile Transportation, Handling of Dangerous Goods" (JT618), no illegal operation is permitted.
Article 41 An enterprise or entity that transports road dangerous goods shall provide employees with regular safety, professional ethics education, business knowledge and operating procedures.
Article 42 Road transport enterprises or units of dangerous goods shall strengthen safety production management, be equipped with full-time safety management personnel, formulate contingency plans for emergencies, and strictly implement various security systems.
Article 43 In the course of the transportation of dangerous goods, accidents such as burning, explosion, pollution, poisoning or theft, loss, dispersion, or leakage shall occur. Drivers and escorts shall immediately report to the local public security department and the transport enterprise or entity. Explain accident conditions, names of dangerous goods, hazards and emergency measures, and take all possible warning measures at the scene, and actively cooperate with related departments to dispose. Transport companies or entities should immediately initiate emergency plans.
Article 44 During the process of loading, unloading, custody and storage of dangerous goods, they shall be lightly loaded, unloaded, stored in sections, stacked neatly, prevented from mixing, spillage, and damage and shall not be mixed with ordinary cargo during the process of loading, unloading, storage and storage of dangerous goods. Store.
Article 45 An enterprise or entity that transports road dangerous goods shall apply for liability insurance for dangerous goods.
Chapter V Supervision and Inspection
Article 46 The supervision and inspection of road dangerous goods transportation shall be implemented in accordance with the "Regulations on the Administration of Road Freight and Stations and Yards".
Article 47: In the process of carrying out supervision and inspection of road transportation, the staff of a road transport management agency shall require the driver or escort personnel to have the storage conditions for the dangerous goods transported if they find that the special vehicles are overloaded and have safe unloading and storage conditions. Place unloading.
Chapter 6 Legal Liability
Article 48 Where any of the following circumstances is violated in violation of these Regulations, the road transport administrative agency at or above the county level shall order it to stop the transportation. If there is any illegal income, the illegal proceeds shall be confiscated. If the goods transported belong to dangerous chemicals, if the illegal income exceeds 50,000 yuan, a fine of 1 time or more and 5 times or less shall be imposed on the illegal income. If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of 20,000 to 200,000 shall be imposed. If the transported goods belong to dangerous goods other than dangerous chemicals, and there are illegal gains, a fine of not less than 2 times but not more than 10 times the illegal gains shall be imposed; if there is no illegal gains or if the illegal proceeds are less than 20,000 yuan, the amount shall be between 30,000 yuan and 100,000 yuan. Fine. Constitute a crime, be held criminally responsible:
(1) failing to obtain the permission to transport road dangerous goods and engaging in unauthorized transportation of road dangerous goods;
(2) To engage in the transport of road dangerous goods by using the invalid road dangerous goods transport licenses such as invalidity, forgery, alteration, cancellation, etc.;
(3) Exceeding licensing matters and engaging in the transport of road dangerous goods;
(4) Non-operating road transporters of dangerous goods engaged in road transport of dangerous goods.
Article 49 In case any violation of these Provisions by a dangerous goods transport enterprise or unit for illegally transferring or renting out a road transport license for dangerous goods, the road transport administrative agency at or above the county level shall order it to stop the illegal act and collect the relevant certificates, and shall pay a sum of 2000 yuan or more 1 Fines of less than 10,000 yuan; illegal gains, confiscation of illegal income.
Article 50 In violation of these Provisions, an enterprise or entity carrying dangerous goods for roads commits one of the following acts. Road management agencies at and above the county level shall order it to apply for insurance within a certain period of time; if it refuses to apply for insurance, the original permitting authority shall revoke the "Road Transport Permit". Or the "Dangerous Goods Transport Permit for Roads" or revoke the corresponding business scope:
(1) Uninsured liability insurance for carrier of dangerous goods;
(2) The carrier's liability insurance for dangerous goods insured has expired and has not been insured.
Article 51 In case of violation of these Provisions, if a road dangerous goods transport company or entity fails to maintain and inspect a special vehicle as required, the road transport administrative agency at or above the county level shall order it to make corrections and impose a fine of not less than 1,000 yuan and not more than 5,000 yuan.
Article 52 If a road dangerous goods transport company or entity does not carry the "Road Transport Certificate" in violation of these Provisions, the road transport administrative agency at or above the county level shall order it to make corrections and be given a warning or a fine of not less than 20 yuan but not more than 200 yuan.
Article 53. In violation of these Provisions, if a road dangerous goods transport company or unit or shipper has any of the following acts, it shall be imposed on a fine of between 20,000 yuan and 100,000 yuan; if a crime is constituted, the criminal liability shall be investigated according to law:
(1) Drivers, escorts, and loading and unloading management personnel engaged in the transport of dangerous road chemicals have not obtained employment qualification certificates;
(2) The shipper shall ship dangerous chemicals without indicating to the carrier the names, quantities, hazards, emergency measures, etc. of the dangerous chemicals being transported; or the need to add inhibitors or stabilizers, which have not been added at the time of shipment;
(3) Transportation, loading and unloading of hazardous chemicals do not comply with the relevant national laws, regulations, rules and national standards, and do not take necessary safety precautions in accordance with the characteristics of hazardous chemicals.
Article 54 In violation of these Provisions, if a road dangerous goods transport company or entity fails to take necessary measures to prevent the falling or scattering of goods, it shall be ordered by a road transport management institution at or above the county level to make a correction and impose a fine of 1,000 yuan up to 3,000 yuan; If it is serious, the original permitting authority shall revoke the "Road Transport Permit" or "Road Dangerous Goods Transport Permit" or revoke the corresponding business scope.
Article 55 In case of violation of these Provisions, if a road dangerous goods transport company or entity does not meet the relevant safety requirements for opening requirements and there are major transport safety hidden troubles, the road transport administrative agency at or above the county level shall order it to correct within a time limit; If the correction is required and the circumstances are serious, the original permitting authority shall revoke the "Road Transport Permit" or "Road Dangerous Goods Transport Permit" or revoke the corresponding business scope.
Article 56 In violation of these Provisions, if a road dangerous goods transport company or entity modifies a special vehicle that has obtained the Road Transport Permit and a can-type special vehicle tank without authorization, the road transport administrative agency at or above the county level shall order it to make corrections. A fine of 5,000 yuan up to 20,000 yuan.
Chapter VII Supplementary Provisions
Article 57 If these regulations do not provide for the transportation of road dangerous goods, they shall be implemented in accordance with the "Regulations on the Administration of Road Freight and Stations and Yards"; if there is no provision for the transportation of non-operative road dangerous goods, reference shall be made to "Road Cargo Transport and "Administrative yard management regulations".
Article 58 A road transport administrative agency may, in accordance with the road transport of dangerous goods and the Road Transport Permit issued by these Regulations, collect the fee for the work. The specific charge standard for the fee is determined by the finance and price departments of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government in conjunction with the transportation authorities at the same level.
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