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(Promulgated on June 17,1997 by Decree No. 45 of the Shanghai
Municipal People' s Government, and revised pursuant to the "Decision
of the
Shanghai Municipal People' s Government Regarding the Revision of the 'Procedures
of Shanghai Municipality on the Administration
of Road Transportation of
Dangerous Goods of a Business Nature' " dated February 8, 2003)
Chapter I General Provisions
Article 1 (Purpose and Basis)
These Procedures are formulated in
accordance with the "Regulations of Shanghai Municipality on the Administration
of Road Transportation"
, and the relevant provisions of the State, and in the
light of the actual circumstances of this Municipality, in order to strengthen
the administration of road transportation of dangerous goods in this
Municipality, and to ensure the safety of transportation.
Article 2
(Definition)
Dangerous goods as defined in these Procedures refer to goods
that are explosive, inf1ammable, poisonous, erosive or radioactive
in nature and
need special care in the course of transportation, loading and unloading as they
are likely to cause injury and death
to persons and damages to
property.
Article 3 (Classification of Dangerous Goods)
According to their
difference in nature, dangerous goods may be classified as explosives,
compressed gas and liquefied gas, inf1ammable
liquid, inflammable solids,
self-combustibles, goods that become inflammable when wet, oxidizers, organic
peroxides, poisonous
goods, infectious goods, erosive goods, and radioactive
articles.
Article 4 (Scope of Application)
These Procedures shall apply to
the road transportation of dangerous goods of a business nature, their carrying,
loading and unloading,
and transportation services and related administrative
activities carried out within the administrative area of this
Municipality.
Article 5 (Administrative Departments)
The Shanghai
Municipal Urban Communications Administration (hereinafter referred to as the
Municipal Communications Bureau) shall
be the competent administrative
department in charge of the road transportation of dangerous goods of a business
nature, their
carrying, loading and unloading, and transportation services in
this Municipality, while its subordinate the Shanghai Municipal
Land
Transportation Administrative Division (hereinafter referred to as the Municipal
Land Transportation Administrative Division)
shall be in charge of the specific
administration of the road transportation of dangerous goods of a business
nature, their carrying,
loading and unloading, and transportation services in
this Municipality.
The competent administrative departments of communications
in districts and counties and their subordinates, the administrative offices
(subsections) of land transportation (hereinafter referred to as "District
(County) Land Transportation Office (Subsection)" ),
shall be responsible for the
administration of the road transportation of dangerous goods of a business
nature, their carrying,
loading and unloading, and transportation services
within their respective administrative areas.
The departments of public
security, industry and commerce, taxation, price control, labor security,
environmental protection, civil
defense, public health and quality and technical
supervision shall, in accordance with their respective duties and
responsibilities,
work in cooperation to ensure good administration of the road
transportation of dangerous goods of a business nature, their carrying,
loading
and unloading, and transportation services in this Municipality.
Article 6
(Supervision and Inspection)
The administrative personnel of the Municipal
Land Transportation Administrative Division and the District (County) Land
Transportation
Office (Subsection) may enter the premises of business units and
the site of operation concerned for inspection.
Units or individual persons
engaged in road transportation of dangerous goods of a business nature, and the
activities of their
carrying, loading and unloading, and transportation services
shall conscientiously submit themselves to the inspection of
traffic-law-enforcing
personnel, report the conditions as they really are, and
provide relevant data.
Chapter II Qualification Administration
Article 7 (Qualifications for Units Engaged in Road Transportation of
Dangerous Goods)
Units engaged in road transportation of dangerous goods of a
business nature shall possess the following qualifications:
1. Possessing ten
or more specialized vehicles for road transportation of dangerous goods and more
than five years' experience of
operation in road transportation of goods;
2.
Having adequate parking space appropriate to their business scale;
3. Having
special equipment for cleaning vehicles and removing contamination by dangerous
goods;
4. Having competent technical and safety control personnel;
5.
Fire-fighting equipment for dangerous goods transportation vehicles, containers,
loading and unloading machinery, accessories
and tools, and the parking lots
meeting the relevant requirements of the State;
6. Having qualified driving
personnel, loading and unloading personnel, and business managerial personnel
who have undergone vocational
training and have passed the tests;
7. Having
sound rules of safe operation and a sound system of vehicle and equipment
maintenance; and
8. Other requirements as prescribed by rules and
regulations.
Article 8 (Documents to Be Submitted When Applying for Road
Transportation of Dangerous Goods)
Units applying for road transportation of
dangerous goods as a business shall submit the following documents:
1.
Application;
2. Document certifying business scale and experience in road
transportation of goods;
3. Documents certifying the availability of parking
space;
4. Plane figures of special facilities for cleaning vehicles and
removing contamination of dangerous goods;
5. List of technical and safety
control personnel;
6. Driving licenses of vehicles and forms of the
conditions of vehicles and facilities (the tankers (troughs) shall have beside
these documents certificates of inspection issued by professional testing and
inspection organizations approved by the quality inspection
departments of the
State Council);
7. Certificates of qualification of driving personnel,
loading and unloading personnel and business managerial personnel who have
undergone training and passed the tests;
8. Relevant texts of rules and
regulations of the management system;
9. Documents of approval issued by
public security departments for engagement in road transportation of dangerous
goods that are
inflammable, explosive, highly poisonous or radioactive; and
10. Other materials as prescribed by rules and regulations.
Article 9
(Acceptance, Examination and Approval of Application)
Units that are to
engage in road transportation of dangerous goods of a business nature shall
submit, in advance, an application
to the Municipal Land Transportation
Division, which shall submit its opinion on preliminary examination to the
Municipal Communications
Bureau for approval.
Authorities of examination and
approval shall, within 30 days after reception of application, make a decision.
Certificates for
road transportation of dangerous goods (including permits for
road transportation of dangerous goods, certificates for road transportation
of
dangerous goods, and certificates for operation of road transportation of
dangerous goods) shall be issued to those units that
meet the requirements; and
a written decision of disapproval shall be given to those units that fail to
meet the requirements.
Article 10 (Registration with Industrial and
Commercial Departments and Taxation Departments)
Units that have acquired
approval to engage in the business activities of the road transportation of
dangerous goods of a business
nature shall go through necessary formalities with
industrial and commercial departments and taxation departments as required, with
their permits for road transportation of dangerous goods, before they are
allowed to start their operations.
Article 11 (Scope of Business)
Units
that have obtained approval to engage in the business activities of road
transportation of dangerous goods shall engage in
the business operation within
the checked and ratified scope of business.
Article 12 (Alteration and
Winding-up of Business)
In case an operating unit of road transportation of
dangerous goods needs to have a merger or split-up, or alteration of vehicle
models or the number of vehicles, it shall submit in advance an application to
the original departments of approval and go through
the same procedures and
formalities for examination and approval of application as the original. In case
the said unit wants to
move to another place or change its name, it shall,
within 10 days upon completing formalities of alteration with relevant
departments,
report to the original departments of examination and approval for
the record.
In case an operating unit of the road transportation of
dangerous goods needs to wind up its operations, it shall apply in advance
to
the original handling organs, turn in relevant certificates and invoices for
cancellation and go through necessary wind-up formalities
with industrial and
commercial departments and taxation departments.
Article 13 (Annual
Examination)
The Municipal Land Transportation Administration Division and
the District (County) Land Transportation Office (Subsection) shall
undertake an
annual examination of the qualifications of the operating units of road
transportation of dangerous goods. Only those
units that have passed the
examination shall be allowed to continue business.
Chapter III Vehicle Administration
Article 14 (Examination and Approval of Application of Purchase of Vehicles)
In case operating units of road transportation of dangerous goods need to
purchase motor freight vehicles, they shall submit an application
to the
Municipal Land Transportation Administration Division and obtain its approval
before the purchase can be made.
Article 15 (Technical Conditions of Vehicles
and Safety Requirements for Facilities and Containers)
The technical
conditions of vehicles carrying dangerous goods shall meet the requirements of
State provisions on the technical administration
of vehicles in the motor
transportation industry.
Tankers (troughs) carrying dangerous goods shall
meet the safety requirements of facilities provided in relevant laws, rules and
regulations.
Article 16 (Vehicle Symbols)
Vehicles engaged in
transportation of dangerous goods shall carry symbols for special use, which
shall be printed and issued uniformly
by the Municipal Land Transportation
Administration Division.
Article 17 (Repair, Refitting and Examination of
Vehicles)
Vehicles engaged in transportation of dangerous goods shall receive
maintenance in accordance with the prescribed period of time
and
requirements.
Vehicles engaged in transportation of dangerous goods that need
repair or refitting with respect to some special parts that affect
the safety of
operation shall be sent to garages that are qualified for repair of such
vehicles.
Vehicles engaged in transportation of dangerous goods shall receive
comprehensive examination with respect to their technical performance
in
accordance with relevant provisions of the State and this Municipality. Only
those vehicles that have passed such examination
shall be allowed to continue
transportation.
Chapter IV Administration of Operation
Article 18 (Norms for the Consignment of Dangerous Goods for
Shipment)
Consignors shall consign dangerous goods for shipment to units
legally qualified to engage in such business and complete the formalities
of
consignment in accordance with the requirements of the "Rules on Transportation
of Dangerous Goods by Motor Vehicles" , enacted
by the Ministry of
Communications.
In case of consignment of dangerous goods for shipment for
which the consignor has to show certificates of permission for transportation
according to the provisions of the State, certificates of permission for
transportation shall be submitted.
Article 19 (Norms for Acceptance of
Dangerous Goods for Transportation)
When accepting dangerous goods for road
transportation, the carrier or the shipping agent shall verify the consignment
forms filled
by the consignor and relevant materials provided by the
consignor.
Carriers or shipping agents shall not transfer business of road
transportation of dangerous goods they have accepted to units not
legally
qualified to engage in such business.
When accepting the following dangerous
goods for road transportation, the carrier or the shipping agent shall, three
days before
starting shipment, submit to the Municipal Land Transportation
Administrative Division a report of the names and amounts of the
dangerous goods
to be transported, and the routes and dates of transportation. In emergency
cases, such report shall be submitted
to the Municipal Land Transportation
Administrative Division at the same time the shipping starts.
1.
Explosives;
2. Poisonous goods;
3. Organic peroxides that require
temperature control;
4. Radioactive materials; or
5. Highly dangerous
goods to be transported in pressurized tanks(troughs).
Article 20 (Training
of Personnel Engaged in the Business)
Driving personnel, loading and
unloading personnel, business managerial personnel and business accepting
personnel that are engaged
in the road transportation of dangerous goods of a
business nature and the activities of their carrying, loading and unloading,
and
transportation services shall, as required by laws, rules and regulations,
undergo training in relevant laws and regulations,
professional ethics and
operational skills, pass examinations for the training, and receive relevant
certificates therefor before
they are allowed to take up their posts.
Article 21 (Certificates to Be Carried by Driving Personnel and Loading and
Unloading Personnel)
Driving personnel engaged in business activities of road
transportation of dangerous goods shall carry with their vehicles certificates
for road transportation of dangerous goods bearing the special seal for road
transportation of dangerous goods, as well as operational
certificates for road
transportation of dangerous goods. Personnel that engaged in the activities of
carrying, loading and unloading
of dangerous goods shall carry with them
operational certificates for road transportation of dangerous goods.
Article
22 (Norms for Transporting and Loading and Unloading Operations)
When
transporting, loading and unloading dangerous goods, driving personnel and
loading and unloading personnel shall, in accordance
with the State rules and
procedures of operation on road transportation and loading and unloading of
dangerous goods, and, in the
light of the nature of the goods, take appropriate
measures to keep out the sun from the goods, control the temperature, prevent
the goods from explosion, fire, shock, water or freezing, prevent powder form
flying up, and prevent goods from scattering or leaking.
No unit or
individual person shall be allowed to have combined loading of different goods
in one piece cargo, load bulk cargo in
a mixed way, or overload the vehicles
without authorization when transporting dangerous goods.
Article 23 (Driving
and Parking of Vehicles)
Vehicles transporting dangerous goods shall travel
in accordance with prescribed time, route and areas.
In the course of
transporting dangerous goods, vehicles shall not park near densely populated
areas, including government institutions,
stores, schools, theaters, cinemas,
business centers, residential areas and tourist spots.
Vehicles carrying
inflammable goods shall not go near burning fires or high temperature
spots.
Article 24 (Handing Over of Goods)
The consignor or shipper shall
hand over the goods to the carrier in accordance with the "Rules on the
Transportation of Dangerous
Goods by Motor Vehicles" enacted by the Ministry of
Communications.
Consignment or loading of goods shall be prohibited in any
one of the following circumstances:
1. Transporting vehicles are not
qualified to carry dangerous goods;
2. The dangerous goods to be loaded do
not conform in name, amount or specifications to those listed in the dispatch
list or the
bill of lading;
3. The packing or the container of the dangerous
goods does not meet the prescribed requirements, or is found to be damaged or
leaking;
4. Goods that become inflammable when wet already have water stains
or traces of having been exposed to rain;
5. There are no dangerous goods
symbols on the packing, or the marks are indistinct;
6. Requirements on
loading (including combined loading and mixed loading) of dangerous goods are
not met.
Article 25 (Rules on the Prohibition of Transportation)
Trailers,
motorized tricycles, motorcycles and non-motorized vehicles are prohibited from
transporting explosives, first-class oxidizers,
or organic
peroxides.
Tractors are prohibited from transporting compressed gas,
liquefied gas, first-class inflammables, explosives, first-class oxidizer,
or
organic peroxides.
Automatic unloading vehicles are prohibited from
transporting any dangerous goods except second-class so1id dangerous
goods.
Vehicles with tanks (or troughs) (whose volume is above 400 liters,
similarly hereinafter) that have failed to pass the qualification
tests are
prohibited from transporting dangerous goods.
Article 26 (Statistical Report
of Transportation)
Units engaged in business activities of road
transportation of dangerous goods shall, in accordance with the provisions of
laws
and regulations, report statistical data to the Municipal Land
Transportation Administrative Division or the District (County) Land
Transportation Office (Subsection).
Article 27 (Administration of Out-of-Town
Vehicles Entering Shanghai)
Out-of-town vehicles transporting dangerous goods
with Shanghai as their destination shall carry certificates of approval for
transportation
issued by the local public security departments at the county
level or above, and a license for road transportation of dangerous
goods as well
as certificates for road transportation of dangerous goods issued by the local
communications departments. In case
explosives are transported, they shall
carry, in addition to the above-mentioned documents, a certificate of approval
for transportation
issued by the public security departments of this
Municipality.
Passing out-of-town vehicles transporting dangerous goods that
need to stop in Shanghai shall park in parking lots that meet the
safety and
fire control requirements and are approved by the Municipal Land Transportation
Administrative Division or the District
(County) Land Transportation Office
(Subsection).
Article 28 (Reporting and Handling of Transportation
Accidents)
When accidents happen in road transportation of dangerous goods,
the driving personnel and the loading and unloading personnel shall
adopt timely
emergency self-help measures to prevent the accident from spreading, and report
the accident timely to the Municipal
Land Transportation Administrative Division
or the District (County) Land Transportation Office (Subsection), as well as to
the
local public security departments and civil defense departments.
The
Municipal Land Transportation Administrative Division or the District (County)
Land Transportation Office (Subsection) shall
cooperate with the public security
and civil defense departments in handling accidents in road transportation of
dangerous goods,
and timely inform the administrative departments of
communications of the place where the vehicle is registered of the handling
of
the accident.
Chapter V Legal Liability
Article 29 (Administrative Penalty)
Violations of the provisions of these
Procedures by units or individual persons engaged in road transportation of
dangerous goods
of a business nature, and the activities of their carrying,
loading and unloading, and transportation services shall be penalized
by the
Municipal Land Transportation Administrative Division or the District (County)
Land Transportation Office (Subsection) in
accordance with the following
provisions:
1. Those who engage in business activities exceeding the approved
scope without approval shall be penalized with confiscation of
their illegal
gains and cumulatively with a fine of between not less than 500 yuan and not
more than 10,000 yuan.
2. Driving personnel who do not carry with their
vehicles certificates for road transportation of dangerous goods, or operational
certificates for road transportation of dangerous goods, and loading and
unloading personnel who do not carry with them operational
certificates for road
transportation of dangerous goods shall, in the light of the seriousness of the
case, be given a disciplinary
warning and be penalized with a fine of between
not less than 100 yuan and not more than 300 yuan each;
3. Those who engage
in forgery, lending or selling of special seals for road transportation of
dangerous goods, certificates for
road transportation of dangerous goods, or
operational certificates for road transportation of dangerous goods shall be
penalized
with the confiscation of the illegal seals and certificates, and
cumulatively with a fine of between not less than 2, 000 yuan and
not more than
10,000 yuan;
4. Vehicles transporting dangerous goods that do not bear
special vehicle marks as acquired shall, in the light of the seriousness
of the
case, be given a disciplinary warning and be penalized with a fine of between
not less than 300 yuan and not more than 500
yuan for each vehicle;
5. Those
who engage in forgery, transfer or sale of special vehicle marks for road
transportation of dangerous goods shall be penalized
with confiscation of the
illegal gains, and be cumulatively penalized with a fine of one to three times
the said illegal gains
or a fine of between not less than 2, 000 yuan and not
more than 50,000 yuan;
6. Those who buy vehicles and engage in business
activities of road transportation of dangerous goods without authorization
shall,
in the light of the seriousness of the case, be given a disciplinary
warning and be penalized with a fine of one to three times
the illegal gains or
a fine of between not less than 2, 000 yuan and not more than 50,000 yuan;
7.
For dangerous goods transportation vehicles whose technical performance does not
meet the relevant requirements set by the State,
a fine of between not less than
500 yuan and not more than 10,000 yuan shall be imposed;
8. For dangerous
goods transportation vehicles that are not given second-class maintenance in
accordance with the provisions, a
fine of between not less than 300 yuan and not
more than 500 yuan shall be imposed;
9. Those who fail to submit a
statistical report of road transportation of dangerous goods shall, in the light
of the seriousness
of the case, be given a disciplinary warning and be penalized
with a fine of between not less than 100 yuan and not more than 500
yuan;
10.
For refusal to accept annual examination as prescribed by laws, rules and
regulations, operating units of road transportation
of dangerous goods shall be
penalized with a fine of between not less than 500 yuan and not more than 10,000
yuan.
11. Carriers or shipping agents that transfer business of road
transportation of dangerous goods to units or individual persons not
legally
qualified for such business shall be penalized with a fine of between not less
than 500 yuan and not more than 10,000 yuan.
12. For violation of rules and
procedures of operation in carrying, loading and unloading dangerous goods
resulting in accidents,
the operational certificates for road transportation of
dangerous goods of those directly reliable persons shall be revoked or seized,
and the unit liable for the accident shall be penalized with a fine of between
not less than 500 yuan and not more than 10,000
yuan.
In case of serious
violations of the provisions of Item 1 or 10 in the preceding clause, the
license for road transportation of
dangerous goods and certificates for road
transportation of dangerous goods shall be revoked.
Those who engage without
authorization in road transportation activities of dangerous goods of a business
nature shall be subjected
to administrative penalties in accordance with the
provisions of the "Regulations on the Safety Administration of Dangerous
Chemicals"
and the "Regulations of Shanghai Municipality on the Administration of
Road Transportation" .
Article 30 (Orders to Take Correction Measures Within
Prescribed Period)
When enforcing administrative penalties as prescribed in
Items 4, 7, 8 and 10 of Article 29, the Municipal Land Transportation
Administrative
Division or the District (County) Land Transportation Office
(Subsection) may adopt administrative measures of ordering the wrongdoer
to
rectify within a prescribed period of time.
Article 31 (Other Administrative
Measures)
If units or individual persons who engage in road transportation of
dangerous goods of a business nature and the activities of their
carrying,
loading and unloading, and transportation services violate the provisions of
these Procedures, the Municipal Land Transportation
Administrative Division or
the District (County) Land Transportation Office (Subsection) may temporarily
seize their operational
certificates for road transportation of dangerous goods
and certificates for road transportation of dangerous goods, issue a notice
of
violation of rules and regulations, and order them to go to a designated place
to accept penalty within the prescribed period
of time. Vehicles that do not
have certificates for road transportation of dangerous goods or are not
qualified for transportation
of dangerous goods may be ordered to suspend their
operation.
In case a vehicle is suspended from operation and the party
concerned fails to go to the designated place to accept penalty three
months
beyond the prescribed time limit, the Municipal Land Transportation
Administrative Division or the District (County) Land
Transportation Office
(Subsection) may dispose of his/her vehicle as ownerless property.
Article 32
(Handling of Fines and Confiscations)
The administrative departments of
communications shall give an Administrative Punishment Decision in writing for
the administrative
punishment they decided, and give a uniform receipt printed
by the municipal financial departments for the fines collected or goods
confiscated.
The fine collected or the goods confiscated shall be turned over
to the State treasury in accordance with relevant provisions.
Article33
(Administrative Reconsideration and Litigation)
The party concerned, if
disagrees with the specific administrative act of the administrative departments
of communications and transportation,
may apply for administrative
reconsideration or bring an administrative lawsuit according to the "Law of the
People' s Republic
of China on Administrative Reconsideration" and
the "Administrative Litigation Law of the People's Republic of China" .
Where
the party concerned does not apply for administrative reconsideration, nor bring
an administrative lawsuit, nor perform the
specific administrative act within
the prescribed time period, the departments that has made the specific
administrative act may
apply to the people's court for enforcement according to
the "Administrative Litigation Law of the People's Republic of China" .
Article
34 (Handling of Interference with Public Function)
Those who refuse or
interfere with the administrative personnel in performing their duties and
violate the "Regulations of the People's
Republic of China on Public Security
Administration and Imposition of Punishment" shall be punished by public security
departments
in accordance with the law, and if the wrong is serious and
constitutes a crime, the wrongdoer shall be prosecuted for his/her criminal
liability.
Article 35 (Investigation of Illegal Acts of Law-Enforcement
Officers)
Communications and transportation administrative personnel shall
observe disciplines, abide by law and enforce the law impartially.
Those who
neglect their duty, abuse their power, bend the law to benefit their relatives
or friends, extort or accept bribes, or
pervert the law in enforcement shall be
investigated by the judiciary departments and shall be prosecuted for their
criminal liability
if their acts constitute a crime. In case their acts do not
constitute a crime, they shall be given disciplinary sanctions by their
responsible departments or other departments concerned.
Chapter VI Supplementary Provisions
Article 36 (Road Transportation of Dangerous Goods of a Non-business
Nature)
Relevant State provisions shall apply to the road transportation of
dangerous goods of a non-business nature.
Article 37 (Department Responsible
for Interpretation With Respect to Application)
The Municipal Communications
Bureau shall be responsible for the interpretation of these Procedures in their
specific application.
Article 38 (Effective Date)
These Procedures shall
become effective on September 1, 1997.
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