I. Delete the phrase "which can be used as evidence for administrative penalties after confirmation" from the second paragraph of Article 39.
Second, Article 50 is amended as follows: "The highway management agency at the place of violation or the place where the vehicle is registered may, in accordance with the provisions of the relevant laws and administrative regulations, make use of the record information of technical monitoring equipment to impose penalties on the vehicles that violate the law by exceeding the limit of transportation, and provide an appropriate means for the public to inquire about the record of violation of the law by exceeding the limit of transportation."
This decision shall come into force on the date of its publication.
The Provisions on Management of Highway Travel of Over-limit Transportation Vehicles are amended accordingly in accordance with this Decision and reissued.
Provisions on the Management of Highways Traveled by Over-limit Transportation Vehicles
(Issued by the Ministry of Transportation and Communications (MOTC) on August 19, 2016 Amended in accordance with the Decision of the Ministry of Transportation and Communications (MOTC) on the Revision of Provisions on the Management of Highways Traveled by Over-limit Transportation Vehicles (MOTC) on August 11, 2021)
Chapter I. General Provisions
Article 1 In order to strengthen the management of highways traveled by over-limit transportation vehicles and To protect highway facilities and people's lives and property safety, in accordance with the Highway Law, Regulations on the Safe Protection of Highways and other laws and administrative regulations, the formulation of these provisions.
Second, over-limit transportation vehicles through the highway for the transportation of goods, shall comply with these provisions.
Article 3 The over-limit transportation vehicle referred to in these provisions refers to the goods transportation vehicle with one of the following circumstances:
(1) the total height of the vehicle and cargo from the ground exceeds 4 meters;
(2) the total width of the vehicle and cargo exceeds 2.55 meters;
(3) the total length of the vehicle and cargo exceeds 18.1 meters;
(4) two-axle trucks with a total mass of more than 18,000 kilograms;
(4) two axle trucks. mass exceeds 18,000 kilograms;
(v) three-axle trucks, whose gross vehicle and cargo mass exceeds 25,000 kilograms; three-axle automobile trains, whose gross vehicle and cargo mass exceeds 27,000 kilograms;
(vi) four-axle trucks, whose gross vehicle and cargo mass exceeds 31,000 kilograms; four-axle automobile trains, whose gross vehicle and cargo mass exceeds 36,000 kilograms;
(vii) Five-axle automobile train, whose gross mass of vehicle and cargo exceeds 43,000 kilograms;
(viii) Six-axle and more than six-axle automobile train, whose gross mass of vehicle and cargo exceeds 49,000 kilograms, of which the gross mass of vehicle and cargo exceeds 46,000 kilograms in the case of tractor drive axle of a single axle.
The determination of the qualifying standards set forth in the preceding paragraph shall also be subject to the following requirements:
(1) two-axle groups are calculated in accordance with two axles, and three-axle groups are calculated in accordance with three axles;
(2) in addition to the drive axle, two-axle groups, three-axle groups, as well as semi-trailers and full-trailers, axles on each side of the tire according to the double-tire calculations, and if the tires on each side of each axle are single tires, the qualifying standard is reduced by 3000 kg, except for the installation of wider tires in accordance with the relevant national standards;
(c) The maximum permissible gross mass of the vehicle shall not exceed the sum of the maximum permissible axle loads of each axle;
(d) Tractors, agricultural vehicles, low-speed trucks, the total mass approved by the certificate of travel as a qualifying criterion;
(e) In line with the "Automobile, Trailer and Vehicle Train Outline Dimensions, Axle Load and Mass Limits" (GB), the maximum permissible gross mass of each axle shall not exceed the sum of the maximum permissible axle loads of each axle. (e) Refrigerated vehicles, automobile trains, vehicles installed with air suspension, and special operation vehicles that comply with the "Outline Dimensions, Axle Load and Mass Limit Values of Automobiles, Trailers and Automobile Trains" (GB1589) shall not be regarded as over-limit transportation vehicles.
Article 4 The Ministry of Transportation is responsible for the management of highway traffic of over-limit transportation vehicles nationwide.
The competent departments of transportation of local people's governments at or above the county level shall be responsible for the management of highways for over-limit transportation vehicles within their administrative areas.
Highway management agencies are specifically responsible for the supervision and management of highway traffic of over-limit transportation vehicles.
Related authorities of the people's governments at or above the county level, in accordance with the division of responsibilities, are responsible for, or participate in, or cooperate with, the supervision and management of over-limit transportation vehicles traveling on the highway in accordance with the law. The competent department of transportation shall, under the unified leadership of the people's government at this level, establish a joint working mechanism for the control of over-limit transportation with the relevant competent departments.
Article 5 The competent departments of transportation at all levels shall organize highway management agencies, road transport management agencies to establish relevant management information systems, the implementation of vehicle overload management information system, road transport management information system networking, data exchange and **** enjoy.
Chapter II Permit Management of Bulky Transportation
Article 6 Over-limit Transportation (hereinafter referred to as bulky transportation) vehicles carrying non-disintegrable items shall, in accordance with the law, apply for the relevant permits, and take effective measures, in accordance with the designated time, route, speed of highway travel. Without permission, it shall not travel the highway without authorization.
Article 7 The shipper of large transport shall entrust the road transport operator with large objects transport business qualifications, and truthfully fill in the waybill consignment of goods on the name, specifications, weight and other relevant information.
Article VIII of large transport vehicles traveling on the highway, the carrier shall apply to the highway authorities in accordance with the following provisions of the highway overload transport permit:
(a) across provinces, autonomous regions and municipalities directly under the Central Government for transport, to the originating provincial highway authorities to submit an application for application for the application authorities need to be listed in the overload transport along the highway along the provincial highway authorities, the originating provincial highway management agency The provincial highway authorities at the place of origin shall accept the application and organize and coordinate the joint examination and approval of the provincial highway authorities along the route, and if necessary, the Ministry of Transportation may organize and coordinate the handling of the application;
(2) If the transport is carried out across the cities within the provinces and autonomous regions, or across the districts and counties within the municipalities, the application shall be submitted to the provincial highway authorities, which shall accept the application and examine and approve the application;
(3) The application shall be submitted to the municipalities within the cities within the districts, which shall accept the application and examine and approve the application; and If the transportation is carried out across districts or counties within the municipalities, the application shall be made to the road administration agency at the municipal level, which shall accept and approve the application;
(d) if the transportation is carried out within districts or counties, the application shall be made to the road administration agency at the county level, which shall accept and approve the application.
Article 9 The departments in charge of transportation and highway management agencies at all levels shall make use of information technology to establish a platform for the management of permits for over-limit transportation on highways, implement online permitting procedures, and disclose relevant information in a timely manner.
Article 10 The carrier shall submit the following materials when applying for a permit for over-limit transport on a highway:
(1) an application form for over-limit transport on a highway, including the name of the goods, the outside dimensions and quality of the goods, the make and model of the vehicle, the overall mass, the number of axles, axle spacing and the number of tires, the overall outside dimensions of the vehicle and goods, the total mass, the axle load of the axles, the starting and ending points of the proposed transportation, the route and the travel time;
(2) the carrier's road transport license, the identity document and power of attorney;
(3) vehicle license plate or temporary driving license plate.
The total height of the cargos from the ground more than 4.5 meters, or the total width of more than 3.75 meters, or the total length of more than 28 meters, or the total mass of more than 100,000 kilograms, as well as other circumstances that may seriously affect the integrity of the road, safety, smooth flow, should also be submitted to the record of the cargos loaded with information on the overall dimensions of the profile of the cargos and escort program.
Escorting program should contain escort vehicle configuration program, escort staffing program, escort route description, escort operation rules, abnormalities and other relevant content.
Article 11 The road administration agency shall not accept the application for a permit for over-limit transportation on highway made by a carrier in any of the following cases:
(1) the goods are separable items;
(2) the business qualifications recorded in the road transportation operation permit held by the carrier do not include large transport;
(3) the carrier is restricted by law from applying for a Road Overload Transportation Permit before the expiration of the restriction period;
(iv) Other cases stipulated by laws and administrative regulations.
A large transportation vehicle carrying a single non-disintegrable item is deemed to be carrying non-disintegrable items if it is loaded with multiple non-disintegrable items of the same variety without changing the original over-limit situation.
Article XII of the highway administration accepts the application for highway over-limit transportation permit, the carrier shall submit the application materials for review. Belonging to the second paragraph of Article 10 of the circumstances, the highway management agency shall be the overall outline of the vehicle and cargo dimensions, total mass, axle load and other data and escort program verification, and consult the public security organs at the same level of the traffic management department.
Belongs to the unified acceptance, centralized handling across provinces, autonomous regions and municipalities directly under the Central Government for transport, by the originating provincial highway management agencies responsible for the review.
Article XIII of the highway management agencies to approve the application of highway transport over the limit, should be based on the actual situation of the organization to survey the passage route. Need to take reinforcement, reconstruction measures, the carrier shall be required in accordance with the provisions of the requirements to take effective reinforcement, reconstruction measures. Highway management agency shall be proposed by the carrier of reinforcement, reconstruction measures program review, and organize acceptance.
The carrier does not have the conditions and ability to reinforcement, reconstruction measures, can be through the signing of an agreement, entrusted to the highway management agency to develop the appropriate reinforcement, reconstruction program, by the highway management agency to carry out reinforcement, reconstruction, or by the highway management agency through the market-oriented approach to select the appropriate qualifications of the unit for reinforcement, reconstruction.
The costs required for the reinforcement and reconstruction measures shall be borne by the carrier. The relevant charges shall be open and transparent.
Article 14 The adoption of reinforcement and reconstruction measures shall meet the safety needs of highway facilities, and shall be guided by the following principles:
(1) Priority shall be given to the adoption of temporary measures, which are easy to implement, dismantle and can be recycled;
(2) The adoption of permanent or semi-permanent measures may be considered to be synchronized with the implementation of the technical reconstruction of the highway facilities;
(3) The adoption of reinforcement and reconstruction measures of highway facilities shall be guided by the following principles:
(3) The adoption of temporary measures for (C) the highway facilities to take reinforcement, renovation measures still can not meet the large transport vehicle traffic, can consider taking the construction of temporary bridges or roadway renovation measures;
(D) there are a number of routes to choose from, give priority to select the bridge technical condition assessment of the high grade and to take reinforcement, renovation measures required for the passage of the route of the cost is low;
(E) the same period of time, different overloaded transportation applications involving the adoption of reinforcement and reconstruction measures for the same highway facility, the relevant costs shall be shared by the respective carriers in accordance with the principles of fairness and voluntariness.
Article 15 The highway authorities shall make administrative licensing decisions within the following time limits:
(1) If the total height of the vehicle and goods from the ground does not exceed 4.2 meters, the total width does not exceed 3 meters, the total length does not exceed 20 meters and the total mass of the vehicle and goods and the axle loads do not exceed the standards set forth in Articles 3 and 17 of the present provisions, the decision shall be made within two working days from the date of acceptance of the application, and the application belongs to the unified Acceptance, centralized handling of inter-provincial, autonomous regions and municipalities directly under the Central Government of the transport of large items, the maximum processing time shall not exceed five working days;
(b) the total height of the vehicle and cargo from the ground is not more than 4.5 meters, the total width of the total width is not more than 3.75 meters, the total length is not more than 28 meters and the total mass of the total weight of not more than 100,000 kilograms of the transport of large items within the jurisdiction of this jurisdiction, from the date of acceptance of the application within five Within five working days from the date of acceptance of the application, belonging to the unified acceptance, centralized handling of cross-province, autonomous regions and municipalities directly under the Central Municipality of the transport of large items, the maximum processing time shall not exceed 10 working days;
(c) the total height of the vehicle and cargo counted from the ground more than 4.5 meters, or a total width of more than 3.75 meters, or a total length of more than 28 meters, or a total mass of more than 100,000 kg, belonging to the jurisdiction of the large transport Of the application from the date of acceptance of 15 working days to make, belonging to the unified acceptance, centralized handling of inter-provincial, autonomous regions and municipalities directly under the Central Government for the transportation of large items, the processing of the time shall not exceed a maximum of 20 working days.
The time required to take reinforcement and remodeling measures shall not be counted as part of the period specified in the preceding paragraph.
Article XVI accepted across the provinces, autonomous regions and municipalities directly under the Central Highway over the limit of transport applications, the originating provincial highway authorities shall, within two working days to the highway along the route of the provincial highway authorities to transmit their acceptance of the application information.
Belonging to Article 15, paragraph 1, subparagraph 2 of the circumstances, through the highway along the provincial highway management agency shall receive the application materials forwarded to the administrative licensing decision within five working days; belonging to Article 15, paragraph 1, subparagraph 3 of the circumstances, shall be forwarded within 15 working days of the receipt of the application materials to make an administrative licensing decision, and to the origin of the provincial highway management agencies Feedback. Need to take reinforcement, transformation measures, by the relevant provincial highway authorities in accordance with the provisions of Article 13 implementation; upstream and downstream provinces, autonomous regions and municipalities directly under the Central Government range of routes or travel time adjustments, shall promptly inform the carrier and the originating provincial highway authorities, the originating provincial highway authorities to coordinate the handling of the organization.
Article XVII of the following circumstances, the highway management agency shall, in accordance with the law, shall not be administratively licensed decision:
(a) the use of ordinary flatbed trucks for transportation, the average axle load of a single axle of the vehicle more than 10,000 kg or the maximum axle load of more than 13,000 kg;
(b) the use of multi-axle multi-wheeled hydraulic flatbed trucks for transportation, the vehicle each axle line (a line of Two axles 8 tires) of the average axle load exceeds 18000 kg or the maximum axle load exceeds 20000 kg;
(C) the carrier does not fulfill the obligations of reinforcement, transformation;
(D) laws and administrative regulations provide for other cases.
Article 18 The highway management agency approves the application for over-limit transportation on the highway, designates the time, route and speed of traveling on the highway according to the specific situation of the transportation of bulky goods, and issues a Passport for Over-limit Transportation Vehicles. Among them, the approval of cross-provincial, autonomous regions and municipalities directly under the Central Government transportation, issued by the provincial highway management agencies in the place of origin.
The style of "Over-limit Transportation Vehicle Permit" is formulated by the Ministry of Transportation and Communications, and the provincial highway management agencies are responsible for printing and management. Applicants can get it at the license window or print it through online self-service.
Article 19 of the same large transport vehicles within a short period of time to pass many times on a fixed route, loading mode, loading items the same, and do not need to take reinforcement, transformation measures, the carrier can be based on the transport plan to the highway authorities to apply for a period of time not exceeding 6 months of "over-limit transport vehicle pass". Changes in the transportation plan, need to be in accordance with the relevant provisions of the original licensing authority for change procedures.
Article 20 of the approved large transport vehicles, traveling on the highway shall comply with the following provisions:
(a) take effective measures to fix the goods, in accordance with the relevant requirements in the vehicle hanging obvious signs to ensure the safety of the transport;
(b) in accordance with the designated time, route and speed of the travel;
(c) the total mass of the vehicle and goods exceeds the limit of the Vehicle traffic highway bridges, should be evenly centered driving, to avoid braking, speed or stopping on the bridge;
(d) the need for temporary parking on the highway, in addition to complying with the relevant provisions of road traffic safety, but also in the vehicle periphery to set up a warning sign, and to take appropriate safety precautions; the need for a long time to stop or in case of inclement weather, it should be away from the highway, the nearest choice of safe (E) access to take reinforcing and reconstruction measures of highway facilities, the carrier shall notify the maintenance and management unit of the highway facilities in advance, to strengthen its on-site management and guidance;
(F) due to natural disasters or other unforeseen factors and highway access to the condition of the road abnormally caused by the large transport vehicles can not continue to drive, the carrier shall comply with the on-site management and Promptly inform the administrative licensing decision of the highway management agency, which coordinates the local highway management agency to take relevant measures to continue driving.
Article 21 The bulky transportation vehicle shall carry with it a valid "over-limit transportation vehicle pass", and take the initiative to accept the supervision and inspection of the highway management agency.
Large transport vehicles and loaded items of the relevant situation should be consistent with the "over-limit transportation vehicle pass" recorded in the content.
No unit or individual shall rent or transfer the Over-limit Transportation Vehicle Permit, or use the forged or altered Over-limit Transportation Vehicle Permit.
Article 22 For the large transport vehicles stipulated in Paragraph 2 of Article 10 of these Regulations, the carrier shall organize escort in accordance with the escort program.
If the carrier is unable to take escort measures, it may entrust the highway management agency that made the administrative licensing decision to coordinate with the highway management agencies along the highway to carry out the escort and bear the necessary costs. Escort charges by the provincial transportation department in conjunction with the same level of finance and price authorities in accordance with the provisions of the formulation, and to be publicized.
Article 23 of the driving process, escort vehicles should be formed with the large transport vehicles as a whole fleet, and to maintain real-time, smooth communication links.
Article 24 The approved large transport vehicles passing through the implementation of the weight of the toll road, the basic rate of the standard vehicle tolls, but the vehicle and the loaded items of the relevant circumstances and the "over-limit transport vehicle pass" recorded in the content of the inconsistency, except.
Article 25 The highway management agency shall strengthen the contact with the major equipment manufacturing and transportation enterprises under its jurisdiction, understand their manufacturing and transportation plans, strengthen its services, and provide convenient conditions for the transportation of major equipment.
Regions with high demand for transportation of major equipment may take into account factors such as construction costs and transportation demand, and appropriately improve the technical conditions of the passing road sections.
Article 26 The highway management agencies, highway operators shall, in accordance with the relevant provisions of the regular highway, highway bridges, highway tunnels and other facilities for testing and evaluation, and for the public to inquire about their technical condition information to provide convenience.
Highway toll booths shall be set up in accordance with the relevant requirements of the over-width lanes.
Chapter III Management of Illegal Over-limit Transportation
Article 27 Over-limit transportation (hereinafter referred to as illegal over-limit transportation) vehicles carrying divisible articles shall be prohibited from traveling on highways.
Vehicles traveling on a highway whose overall outside dimensions or total mass of the vehicle and cargo do not exceed the limited standards stipulated in Article 3 of these Regulations, but exceed the standards of the relevant highway, highway bridge, or highway tunnel in terms of load limitation, height limitation, width limitation, and length limitation, shall not be permitted to travel on the highway, highway bridge, or highway tunnel in question.
Article 28 of the coal, steel, cement, gravel, commodity trucks and other goods distribution centers and freight stations and other places of operators, managers (hereinafter collectively referred to as the source of freight units), shall be installed in the goods loading yard (station) qualified testing equipment, out of the (station) freight vehicles for testing, to ensure that out of the (station) freight vehicles legally loaded.
Article 29 The source of freight units, road transport enterprises shall strengthen the education and management of freight vehicle drivers, and urge them to legal transportation.
Road transport enterprises are responsible for preventing illegal over-limit transportation, shall strengthen the vehicle loading and operation of the whole process of monitoring in accordance with the relevant provisions, to prevent drivers from illegal over-limit transportation.
No unit or individual may instruct or force the driver of a freight vehicle to exceed the limit of transportation in violation of the law.
Article 30 The driver of a freight vehicle shall not drive a vehicle that exceeds the limit of transportation in violation of the law.
Article 31 The road transportation management agency shall strengthen the supervision and inspection of the key freight source units announced by the government. Through inspections, technical monitoring and other means to urge the implementation of its responsibility to supervise the legal loading of vehicles, to stop illegal over-limit transportation vehicles out of the field (station).
Article 32 of the highway management agencies, road transport management agencies shall establish law enforcement linkage mechanism, the illegal overloading of transport behavior into the road transport enterprise quality reputation assessment and driver integrity assessment, the implementation of illegal overloading of transport "blacklist" management system, in accordance with the law to pursue illegal overloading of freight transport vehicles, Vehicle drivers, road transport enterprises, freight source units of responsibility.
Article 33 of the highway management agency shall carry out over-limit detection of freight vehicles. Over-limit detection can take a fixed station detection, mobile detection, technical monitoring and other means.
Article 34 The fixed-site detection shall be carried out at the highway over-limit detection station approved by the provincial people's government.
Article 35 The highway management agency can use mobile detection equipment, mobile detection. The illegal over-limit transportation vehicles identified by the mobile detection shall be guided to the nearest highway over-limit detection station for processing.
Mobile detection points away from the highway overload detection station, shall be guided to the nearest competent local transport department at or above the county level designated and announced the law enforcement station, parking lot, unloading site and other parking vehicles and unloading conditions of the location or place to deal with.
Article 36 of the test identified illegal over-limit transportation, the highway authority shall order the parties themselves to take unloading and other measures to eliminate the illegal state; the parties themselves to eliminate the illegal state of the difficulties, can be entrusted to a third person or highway authority to assist in the elimination of the illegal state.
It belongs to carry non-disintegrable goods, after receiving the investigation and treatment, need to continue to drive on the highway, shall apply for a highway overloading transportation permit according to law.
Article 37 of the highway management organization of the vehicle over the limit of detection, shall not be charged for detection costs. Detained or parked in accordance with the law to accept the investigation and handling of over-limit transportation vehicles, shall not be charged parking storage fees. By the highway management agencies to assist in unloading, sub-assembling or storage of unloaded goods, more than the storage period by notifying the parties still do not collect, can be dealt with in accordance with the relevant provisions.
Article 38 The highway management agency shall use the relevant state departments qualified testing equipment for vehicle overload detection; without regular testing or unqualified testing, its detection data shall not be used as the basis for law enforcement.
Article 39 The entrance to the toll highway shall be set up in accordance with the provisions of the detection equipment, the detection of freight vehicles, shall not release illegal overloaded transport vehicles into the highway. Other toll roads to implement weight-based charging, the use of detection equipment found illegal over-limit transportation vehicles, the right to refuse their passage. Toll road operators should be illegal over-limit transportation vehicles timely report to the highway management agencies or public security organs of the traffic management department in accordance with the law.
The highway management agency shall have the right to inspect and retrieve the weighing data, photos, video surveillance and other relevant information of the vehicles at the highway toll station.
Article 40 The highway management agency shall, according to the need to protect the highway, in the main corridors of goods transport, important bridge entrances and other ordinary highways, as well as open highways and nodes of the important road sections and nodes, set up vehicle testing and other technical monitoring equipment, according to the law to investigate and deal with illegal overloading of transport behavior.
Article 41 of the new construction, reconstruction of highways, should be in accordance with the planning, will be over the limit of detection stations, vehicle testing and other technical monitoring equipment as a highway ancillary facilities included in the project budget, and the main highway project synchronization of design, synchronization of construction, simultaneous acceptance and operation.
Chapter IV Legal Liability
Article 42 Violation of these provisions, in accordance with the "Highway Law," "Regulations on Highway Safety Protection," "Road Transportation Regulations" and these provisions shall be dealt with. 4.5 meters, the total width does not exceed 3.75 meters and the total length does not exceed 28 meters, shall be imposed a fine of 200 yuan or more than 1,000 yuan; the total height of the vehicle and cargo from the ground more than 4.5 meters, the total width of the vehicle and cargo more than 3.75 meters or the total length of more than 28 meters, shall be imposed a fine of more than 1,000 yuan or more than 3,000 yuan;
(b) the total mass of the vehicle and cargo exceeding the provisions of paragraph 1 of Article 3 of the present Regulations The fourth to the eighth paragraph of the provisions of the limited standard, but does not exceed 1,000 kilograms, shall be warned; more than 1,000 kilograms, for each exceeding 1,000 kilograms, a fine of 500 yuan, the maximum shall not exceed 30,000 yuan.
There are a number of violations listed in the preceding paragraph, the corresponding violations of the fine shall be cumulative, but the cumulative fine shall not exceed a maximum of 30,000 yuan.
Article 44 The road administration agency shall, within 7 working days after the processing of the case of illegal over-limit transportation, copy the following information related to the case to the road transportation administration agency in the place where the vehicle is registered through the Vehicle Over-limit Management Information System:
(1) the vehicle's license plate number, vehicle model, vehicle's affiliated enterprise, and the road transportation certificate number;
(2) the driver's name, the driver's qualification certificate, and the driver's license number. (b) the name of the driver, the driver's license number, the driver belongs to the enterprise information;
(c) freight source units, cargo loading list information;
(d) administrative penalty decision letter information;
(e) other information related to the case of data information.
Article 45 The highway management agency in the supervision and inspection found illegal over-limit transportation vehicles do not comply with the "automobile, trailer and car train outside dimensions, axle loads and mass limits" (GB1589), or inconsistent with the registration content recorded in the travel permit, shall be recorded, and regularly copied to the public security organs of the location of the vehicle traffic management department and other units.
Article 46 The road transport enterprises whose freight vehicles and drivers have been illegally transported in excess of the limit more than three times in one year, and whose freight vehicles that have been illegally transported in excess of the limit exceed 10% of the total number of freight vehicles in the unit, shall be dealt with by the road transport management agency in accordance with Article 66 of the Regulations on Highway Safety Protection.
The cumulative calculation cycle of the illegal over-limit transportation records stipulated in the preceding paragraph shall be counted from the date of the initial receipt of the Road Transportation Certificate, Road Transportation Practitioner Qualification Certificate, and Road Transportation Operation Permit, and may be counted across natural years.
Article 47 The illegal over-limit transportation shall be deemed to have occurred if a large transport vehicle has one of the following circumstances:
(1) traveling on the highway without permission;
(2) inconsistency between the relevant conditions of the vehicle and the loaded items and the contents recorded in the Over-limit Transportation Vehicle Permit;
(3) failure to travel the highway in accordance with the permitted time, route, and speed ;
(d) Failure to take escort measures according to the permitted escort program.
Article 48 If a carrier conceals relevant information or provides false materials to apply for a permit for over-limit transportation on a highway, it shall not be allowed to apply for a permit for over-limit transportation on a highway for a period of one year in addition to being given treatment in accordance with the law.
Article 49 Anyone who violates these provisions by instructing or forcing the driver of a vehicle to transport goods in excess of the limit shall be ordered to make corrections and be fined not more than 30,000 yuan by the road transportation management agency.
Article 50 The place of violation or the place of registration of the highway management agency may, in accordance with the provisions of the relevant laws and administrative regulations, the use of technical monitoring equipment to record information, illegal overloading of transport vehicles shall be punished in accordance with law, and to provide an appropriate means for the public to query the illegal overloading of transport records.
Article 51 The staff of highway management agencies and road transport management agencies shall be given administrative sanctions in accordance with law for negligence, favoritism and abuse of power; and those suspected of committing a crime shall be transferred to the judicial organs for investigation and punishment in accordance with law.
Article 52 If the phenomenon of illegal over-limit transportation vehicles traveling on the highway is serious, resulting in major safety accidents such as the collapse of highway bridges, or if the highway is seriously damaged and its capacity is significantly reduced, the Ministry of Transport and the provincial transport authorities may, in accordance with their duties and responsibilities, stop approving the local highway engineering and construction projects declared by the region within one year.
Article 53 The relevant units and individuals who refuse or obstruct the staff of highway management agencies and road transport management agencies to carry out their duties in accordance with the law, constituting a violation of public security management, shall be punished by the public security organs in accordance with law for the management of public security; and if a crime is constituted, the person concerned shall be held criminally liable in accordance with law.
Chapter V Supplementary Provisions
Article 54 For military and national defense scientific research needs, the large transport vehicles carrying classified items do need to travel on the highway, with reference to the implementation of these provisions; the state otherwise provided, from its provisions.
Article 55 These Provisions shall come into force on September 21, 2016 onwards. The former Ministry of Transportation issued the "Regulations on the Administration of Highway Travel of Over-limit Transportation Vehicles" (Ministry of Transportation Decree No. 2 of 2000) shall be repealed at the same time.