Regulations on the Management of Road Transportation of Dangerous Goods
Chapter 1 General Provisions
Article 1 is to regulate the market order of road transportation of dangerous goods, ensure the safety of people’s lives and property, and protect environment, and to safeguard the legitimate rights and interests of all parties involved in the road transport of dangerous goods. These regulations are formulated in accordance with the "Regulations of the People's Republic of China on Road Transport" and the "Regulations on the Safety Management of Hazardous Chemicals" and other relevant laws and administrative regulations.
Article 2 Those who engage in road transportation of dangerous goods and use self-provided vehicles to engage in non-commercial road transportation of dangerous goods serving their own units shall abide by these regulations. Except for military dangerous goods transportation.
If laws and administrative regulations have other provisions on the road transportation of specific types of dangerous goods, those provisions shall prevail.
Article 3 Dangerous goods as mentioned in these regulations refer to explosive, flammable, poisonous, corrosive, radioactive and other properties that are likely to cause personal casualties, property damage and Goods that require special protection due to environmental pollution. Dangerous goods shall be subject to those listed in the national standard "List of Dangerous Goods" (GB12268). If not included in the "List of Dangerous Goods", the provisions of relevant laws and administrative regulations or the results announced by the relevant departments of the State Council shall prevail.
The vehicles for transporting dangerous goods on roads (hereinafter referred to as special vehicles) as mentioned in these regulations refer to trucks engaged in transporting dangerous goods on roads.
The transportation of dangerous goods by road as mentioned in these regulations refers to the entire process of transporting dangerous goods by road using special vehicles.
Article 4 The classification, sub-items, product names and product name numbers of dangerous goods shall be implemented in accordance with the national standards "Classification and Name Numbers of Dangerous Goods" (GB6944) and "List of Dangerous Goods Names" (GB12268). The degree of danger of dangerous goods is based on the national standard "General Technical Conditions for Transport and Packaging of Dangerous Goods" (GB12463), which is divided into levels I, II and III.
Article 5 Those engaged in road transportation of dangerous goods shall ensure safety, transport in accordance with the law, and be honest and trustworthy.
Article 6 The state encourages large-scale professional hazardous chemical production enterprises with strong technical force, good equipment and transportation conditions to engage in road transportation of dangerous goods, encourages road transportation enterprises of dangerous goods to implement intensive and professional operations, and encourages Use special vehicles such as vans, tanks and containers to transport dangerous goods.
Article 7 The Ministry of Transport is responsible for the management of road transportation of dangerous goods nationwide.
The transportation departments of local people's governments at or above the county level are responsible for organizing and leading the management of road dangerous goods transportation in their respective administrative regions.
Road transportation management agencies at or above the county level are responsible for the specific implementation of road transportation management of dangerous goods.
Chapter 2 Transport License
Article 8 Those who apply to engage in road transportation of dangerous goods must meet the following conditions:
(1) Have the following requirements: Special vehicles and equipment:
1. More than 5 self-owned special vehicles;
2. The technical performance of the special vehicle meets the requirements of the national standard "Comprehensive Performance Requirements and Inspection Methods for Commercial Vehicles" (GB18565), and the vehicle's outer dimensions, axle load and mass comply with the national standard "Road Vehicle Outer Dimensions, Axle Load and Mass Limits" ( GB1589), the vehicle technical level reaches the first-level technical level stipulated in the industry standard "Technical Grade Classification and Assessment Requirements for Commercial Vehicles" (JT/T198);
3. Equipped with effective communication tools;
4. There are parking lots that comply with safety regulations and are suitable for the business scope and scale. Special vehicles for transporting highly toxic, explosive and Class I packaged dangerous goods should also be equipped with a special parking area isolated from other equipment, vehicles and people, and set up obvious warning signs;
5. Be equipped with safety protection, environmental protection and fire-fighting facilities and equipment suitable for the nature of the dangerous goods being transported;
6. Those transporting highly toxic, explosive, flammable or radioactive dangerous goods must have tank vehicles or van vehicles and special containers, and the vehicles must be equipped with driving recorders or positioning systems;
7. The tank body of a tank-type special vehicle must pass the inspection by the quality inspection department.
The tank volume of special tank vehicles transporting explosive and highly corrosive dangerous goods shall not exceed 20 cubic meters, and the tank volume of special tank vehicles transporting highly toxic and dangerous goods shall not exceed 10 cubic meters, except for tank containers; < /p>
8. For non-tank special vehicles transporting highly toxic, explosive, and highly corrosive dangerous goods, the approved load capacity shall not exceed 10 tons.
(2) Have employees who meet the following requirements:
1. Drivers of special vehicles must obtain corresponding motor vehicle driving licenses and be no more than 60 years old;
2. Drivers, loading and unloading managers, and escorts engaged in the transportation of dangerous goods on roads must pass the examination of the transportation department of the local people's government at the districted municipal level and obtain corresponding professional qualification certificates.
(3) Have a sound production safety management system, including production safety operating procedures, production safety responsibility system, production safety supervision and inspection system, and safety management system for employees, vehicles, and equipment.
Article 9 Enterprises and institutions that meet the following conditions may use their own special vehicles to engage in non-commercial road transportation of dangerous goods serving their own units:
(1) The following enterprises One of the public 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. Scientific research, military industry, general civil aviation and other enterprises and institutions with special needs.
(2) The conditions specified in Article 8 are met, but the number of self-owned special vehicles can be less than 5.
Article 10 An enterprise that applies to engage in road transportation of dangerous goods shall apply to the local district-level road transportation management agency and submit the following materials:
(1) "Road Dangerous Goods Transportation Operation Application Form" (see Attachment 1);
(2) Categories, categories and operation plans of dangerous goods to be transported;
(3) Articles of Association Text;
(4) Identity certificates of investors and persons in charge and their copies, identity certificates of managers and their copies and power of attorney;
(5) Proposed investment Vehicle commitment letter, including the number, type, technical level, communication tool equipment, total mass, approved load capacity, number of axles, and the length, width, and height of the vehicle's outer profile, the tank volume of the tank-type special vehicle, the tank body, etc. The matching of volume and vehicle load, and the situation of special vehicles transporting highly toxic, explosive, flammable, and radioactive dangerous goods equipped with driving recorders or positioning systems. If the special vehicle to be put into use has been purchased or is existing, the driving license, vehicle technical grade certificate or vehicle technical inspection certificate, tank inspection certificate or inspection report of the tank-type special vehicle and its copy should be provided;
(6) The qualification certificates and copies of the drivers, loading and unloading managers, and escort personnel to be hired, the driving licenses of the drivers and their copies;
(7) Parking spaces , dedicated parking area and certification materials for safety protection, environmental protection, and fire-fighting facilities and equipment;
(8) Text on the relevant safety production management system.
Article 11 When an unit applying to engage in non-commercial road transport of dangerous goods applies to the local districted municipal road transport management agency, in addition to submitting the documents specified in Article 10 (5) to ((5)) In addition to the materials specified in item 8), the following materials should also be submitted:
(1) "Application Form for Road Transport of Dangerous Goods" (see Attachment 2);
(2) The following forms Proof of the basic situation of one of the units:
1. "Registration Certificate of Hazardous Chemicals" issued by the production safety supervision and management department at or above the provincial level;
2. Relevant materials that can prove the nature or business scope of enterprises and institutions such as scientific research, military industry, general civil aviation, etc.;
(3) Explanatory materials for special transportation needs;
(4) Person in charge Proof of identity and its copy, work certificate or power of attorney from the unit where you work.
Article 12 District-level municipal road transport management agencies shall implement the regulations in accordance with the "Road Transport Regulations of the People's Republic of China" and the "Transportation Administrative Licensing Implementation Procedures" as well as the procedures standardized in these regulations. Administrative licensing for road transport of dangerous goods and on-site verification.
If it is decided to grant the license, the "Administrative Licensing Decision for Road Transport of Dangerous Goods" shall be issued to the licensee (see Attachment 3), indicating the licensing matters. The licensing matters shall be the categories and categories of dangerous goods transported. , the number and requirements of special vehicles, and the nature of transportation; and issue a "Road Transport Operation Permit" to applicants for road dangerous goods transportation operations within 10 days, and issue a "Road Transport Permit for Dangerous Goods" to applicants for non-commercial road transportation of dangerous goods. .
If it is decided not to grant permission, a "Decision to Not Grant Traffic Administrative Permit" shall be issued to the applicant.
Article 13 If the licensee has obtained other road transport business licenses, the districted municipal road transport management agency shall renew the "Road Transport Business License" and include it in the business scope. Add new permissions. If the original "Road Transport Business License" was issued by the provincial road transport management agency, the original issuing authority shall renew it in accordance with the above requirements.
Article 14 The licensee shall implement the commitment letter for the vehicle to be invested within the specified time. After the road transport management agency that makes the licensing decision has verified that the licensee has implemented the commitment letter for the vehicle to be invested, that the special vehicle meets the licensing requirements, and that the tank has passed the inspection by the quality inspection department, it shall issue a "Road Transport Certificate" to the special vehicle. And indicate the categories and categories of dangerous goods allowed to be transported in the business scope column of the "Road Transport Certificate". Among them, those engaged in non-commercial road transport of dangerous goods shall have a "Special Seal for Non-commercial Transport of Dangerous Goods" stamped on their "Road Transport Certificate".
Article 15 Road transport management agencies shall not permit one-time or temporary road transportation of dangerous goods.
Article 16 The licensee shall handle the registration formalities with the industrial and commercial administration authorities in accordance with the law with the "Road Transport Business License" or "Road Dangerous Goods Transport License".
Article 17 Those who invest in road transport of dangerous goods in the form of Sino-foreign joint ventures, Sino-foreign cooperation, or wholly foreign-owned enterprises must also comply with the "Regulations on the Administration of Foreign Investment in the Road Transport Industry".
Article 18 A road transport enterprise or unit that establishes a subsidiary to engage in road transport of dangerous goods shall apply for a transportation license from the district-level municipal road transport management agency in the place of establishment; if a branch is established, It shall be reported to the road transportation management agency at the municipal level where the establishment is established.
Article 19 If a road dangerous goods transportation enterprise or unit needs to change the licensing matters, it shall apply to the original licensing authority and handle it in accordance with the relevant licensing provisions of this chapter.
Article 20 If a road transport enterprise or unit of dangerous goods terminates its dangerous goods transport business, it shall notify the original licensing authority 30 days before the date of termination, and submit the "Road Transport Business License" within 10 days after the suspension of business. Certificate" or "Road Dangerous Goods Transport License" and "Road Transport Certificate" are returned to the original issuing authority.
Chapter 3 Management of Special Vehicles and Equipment
Article 21 Road dangerous goods transportation enterprises or units shall follow the relevant vehicle management regulations in the "Road Goods Transportation and Station Management Regulations" According to the regulations, maintain, inspect, use and manage special vehicles to ensure that the special vehicles are in good technical condition.
Article 22 Road transport management agencies at the districted municipal level shall inspect special vehicles regularly, once a year. The inspection is conducted in accordance with the "Road Cargo Transport and Station Management Regulations", and the following inspection items are added:
(1) Special vehicles are insured with dangerous goods carrier liability insurance;
(2) ) Quality inspection of tank bodies of special tank vehicles;
(3) The provision of necessary emergency treatment equipment and safety protection facilities and equipment.
Article 23 It is prohibited to use scrapped, unauthorized modified, unqualified vehicles, vehicles whose technical level does not reach Level 1, and other vehicles that do not comply with national regulations to transport dangerous goods on roads.
Except for articulated trains and special vehicles with special devices for transporting large objects, it is strictly prohibited to use truck trains to transport dangerous goods; dump vehicles can only transport bulk sulfur, naphthalene cake, crude anthracene, and coal tar asphalt. and other dangerous goods.
It is prohibited to use mobile tanks (except tank containers) for the transportation of dangerous goods.
Article 24 Special-purpose vehicles shall be repaired by enterprises that have the conditions for repairing road dangerous goods transport vehicles.
Article 25 The technical status of machinery, tools and accessories 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 Motor Vehicles" (JT617).
Article 26 The tank body of special tank vehicles shall comply with the "Steel Pressure Vessels" (GB150) and "General Technical Conditions for Normal Pressure Containers (Tanks) for Transporting Liquid Dangerous Goods by Vehicles" (GB18564 ) and other technical conditions stipulated in national standards. Special tank vehicles shall transport dangerous goods within the validity period of the tank passing the inspection.
Chapter 4 Transport of Dangerous Goods
Article 27 The shipper of dangerous goods shall entrust an enterprise with road transport qualifications for dangerous goods to transport the goods, package them in strict accordance with relevant national regulations, and deliver them to the shipper. The carrier explains the name, quantity, hazards, emergency measures, etc. of the dangerous goods. If inhibitors or stabilizers need to be added, they should be added in accordance with regulations. Those transporting hazardous chemicals should also submit safety technical instructions and safety labels that are completely consistent with the hazardous chemicals being transported.
Article 28 Road dangerous goods transport enterprises or units shall engage in road dangerous goods transport activities in strict accordance with the licensing matters decided by the road transport management agency, and shall not transfer or lease the road dangerous goods transport license.
Non-commercial road dangerous goods transport units are strictly prohibited from engaging in road dangerous goods transport business activities.
Article 29 Special tank vehicles or special vehicles for transporting toxic, corrosive or radioactive dangerous goods shall not be used to transport ordinary goods.
Other special-purpose vehicles can be used to transport general goods other than food, daily necessities, medicines, and medical equipment, but the special-purpose vehicles must be de-hazardous to ensure that they do not cause pollution or damage to general goods.
Dangerous goods shall not be mixed with ordinary goods.
Article 30 Special-purpose vehicles shall display signs in accordance with the requirements of the national standard "Vehicle Signs for Road Transport of Dangerous Goods" (GB13392).
Article 31 Special-purpose vehicles shall be equipped with necessary emergency response equipment and safety protection facilities and equipment according to the nature of the dangerous goods transported.
Article 32 Road dangerous goods transportation enterprises or units shall not transport goods prohibited by laws and administrative regulations.
For goods subject to restricted transportation and certificated transportation as stipulated in laws and administrative regulations, road dangerous goods transportation enterprises or units shall handle relevant transportation procedures in accordance with relevant regulations.
Laws and administrative regulations stipulate that shippers must go through relevant formalities before transporting dangerous goods. Road dangerous goods transportation enterprises shall check that the relevant procedures are complete and valid before transporting them.
Article 33 Road dangerous goods transportation enterprises or units shall take necessary measures to prevent dangerous goods from falling off, scattering, losing, burning, explosion, radiation, leakage, etc.
Article 34 Drivers of special vehicles shall carry a "Road Transport Permit" with the vehicle.
Article 35 Road dangerous goods transportation enterprises or units shall employ drivers, loading and unloading managers and escort personnel with corresponding professional qualification certificates.
Drivers, loading and unloading managers and escorts should carry their professional qualification certificates with them when they go to work.
Article 36 During the transportation of dangerous goods on roads, in addition to the driver, special vehicles shall be equipped with additional escorts. The escort shall supervise the entire transportation process.
Article 37 The loading and unloading operations of dangerous goods shall be carried out under the on-site command of the loading and unloading management personnel.
Article 38 It is strictly prohibited for special vehicles to be overloaded or transported beyond the limit in violation of relevant national regulations and these regulations.
Article 39 When transporting dangerous goods, road dangerous goods transportation enterprises or units shall comply with the relevant regulations of the relevant departments on dangerous goods transportation routes, time, and speed.
Article 40 Road dangerous goods transport practitioners must be familiar with the laws, technical standards, safety production rules and regulations, and safe operating procedures related to production safety, and understand the nature, hazardous characteristics, and packaging of the dangerous goods being shipped. Or the requirements for the use of containers and disposal measures in the event of accidents. Strictly operate in accordance with the "Rules for the Transport of Dangerous Goods by Motor Vehicles" (JT617) and "Operation Procedures for Transport, Loading and Unloading of Dangerous Goods by Motor Vehicles" (JT618), and no illegal operations are allowed.
Article 41 Road dangerous goods transportation enterprises or units shall provide regular safety and professional ethics education and business knowledge and operating procedures training to their employees.
Article 42 Road dangerous goods transportation enterprises or units shall strengthen production safety management, equip full-time safety management personnel, formulate emergency response plans, and strictly implement various safety systems.
Article 43. If accidents such as burning, explosion, pollution, poisoning, theft, loss, scattering or leakage occur during the transportation of dangerous goods, the driver and escort shall immediately report to the local public security department and The transportation enterprise or unit shall report, explain the accident situation, the name of the dangerous goods, hazards and emergency measures, take all possible warning measures on site, and actively cooperate with relevant departments in handling the accident. Transportation enterprises or units should immediately activate emergency plans.
Article 44 During the process of loading, unloading, custody and storage of dangerous goods, they shall be loaded and unloaded lightly according to the nature and storage requirements of dangerous goods, stored in zones, and stacked neatly to prevent mixing, leakage, and If it is damaged, it shall not be mixed with ordinary goods for storage.
Article 45 Road dangerous goods transportation enterprises or units shall insure carrier liability insurance for dangerous goods.
Chapter 5 Supervision and Inspection
Article 46 Supervision and inspection of road transportation of dangerous goods shall be carried out in accordance with the "Road Goods Transportation and Station Management Regulations".
Article 47 If, during the process of road transportation supervision and inspection, the staff of the road transportation management agency find that a special vehicle is overloaded and has safe unloading and storage conditions, the driver or escort shall be required to come to the vehicle. Unload the dangerous goods in a place that has the storage conditions for the transported dangerous goods.
Chapter 6 Legal Responsibilities
Article 48 Anyone who violates these regulations and falls under any of the following circumstances will be ordered to stop transportation by the road transportation management agency at or above the county level, and any illegal gains will be made Yes, illegal gains shall be confiscated. If the transported goods are dangerous chemicals, if the illegal income is more than 50,000 yuan, a fine of not less than 1 time but not more than 5 times of the illegal income shall be imposed; if there is no illegal income or the illegal income is less than 50,000 yuan, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed. The transported goods are dangerous goods other than hazardous chemicals. If there are illegal gains, a fine of not less than 2 times but not more than 10 times of the illegal gains will be imposed; if there are no illegal gains or the illegal gains are less than 20,000 yuan, a fine of not less than 30,000 yuan but not more than 100,000 yuan will be imposed. fine. If a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Engaging in road transport of dangerous goods without authorization without obtaining a road transport permit for dangerous goods; (2) Failure to use, forgery, Engaging in road transport of dangerous goods with an invalid road transport license for dangerous goods that has been altered, canceled or otherwise invalid;
(3) Engaging in road transport of dangerous goods beyond the scope of the license;
(4) ) Non-commercial road dangerous goods transport units engage in road dangerous goods transport operations.
Article 49 In violation of these regulations, if a road dangerous goods transport enterprise or unit illegally transfers or leases a road dangerous goods transport license, the road transport management agency at or above the county level shall order it to stop the illegal act and confiscate the relevant Certificates, a fine of not less than 2,000 yuan but not more than 10,000 yuan will be imposed; if there are illegal gains, the illegal gains will be confiscated.
Article 50 If a road dangerous goods transportation enterprise or unit commits any of the following acts in violation of these regulations, the road transportation management agency at or above the county level shall order it to purchase insurance within a time limit; if it refuses to purchase insurance, the original licensing authority shall revoke it "Road Transport Business License" or "Road Dangerous Goods Transport License", or the corresponding business scope will be revoked:
(1) Failure to insure dangerous goods carrier liability insurance;
(2) The dangerous goods carrier’s liability insurance has expired and the insurance has not been continued.
Article 51 If a road transport enterprise or unit of dangerous goods fails to maintain and inspect special vehicles in accordance with regulations in violation of these regulations, the road transport management agency at or above the county level shall order it to make corrections and impose a fine of not less than 1,000 yuan but not less than 5,000 yuan. the following fines.
Article 52 If a road transport enterprise or unit of dangerous goods fails to carry a "Road Transport Certificate" in accordance with the regulations in violation of these regulations, the road transport management agency at or above the county level shall order it to make corrections and impose a warning or 20 yuan. A fine of more than 200 yuan is imposed.
Article 53 If a road dangerous goods transportation enterprise or unit or shipper commits any of the following acts in violation of these regulations, it shall be fined not less than RMB 20,000 but not more than RMB 100,000; if it constitutes a crime, it shall be punished in accordance with the law. Pursuing criminal liability:
(1) Drivers, escorts, and loading and unloading managers engaged in the transportation of hazardous chemicals on roads have not obtained professional qualification certificates;
(2) Shippers For hazardous chemicals, the name, quantity, hazards, emergency measures, etc. of the transported hazardous chemicals are not explained to the carrier; or inhibitors or stabilizers need to be added but are not added when delivered for consignment;
( 3) The transportation, loading and unloading of hazardous chemicals does not comply with relevant national laws, regulations, rules and national standards, and the necessary safety protection measures are not taken according to the characteristics of hazardous chemicals.
Article 54 If a road transport enterprise or unit of dangerous goods fails to take necessary measures to prevent the goods from falling off or scattering in violation of these regulations, the road transport management agency at or above the county level shall order it to make corrections and impose a fine of more than 1,000 yuan. A fine of not more than 3,000 yuan; if the circumstances are serious, the original licensing authority shall revoke the "Road Transport Business License" or "Road Dangerous Goods Transport License", or revoke the corresponding business scope.
Article 55 If any road transport enterprise or unit that violates these regulations no longer meets the relevant safety conditions required for business operation and has major transportation safety hazards, it shall be ordered by the road transportation management agency at or above the county level within a time limit. Correction; if correction cannot be made as required within the prescribed time and the circumstances are serious, the original licensing authority shall revoke the "Road Transport Business License" or "Road Transport of Dangerous Goods License", or revoke the corresponding business scope.
Article 56 If, in violation of these regulations, a road transport enterprise or unit of dangerous goods arbitrarily modifies the body of a special vehicle or a tank-type special vehicle that has obtained a "Road Transport Certificate", the road transport department at or above the county level shall The management agency shall order corrections and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan.
Chapter 7 Supplementary Provisions
Article 57 If these regulations do not provide for road transportation of dangerous goods, they shall be implemented in accordance with the "Road Goods Transportation and Station Management Regulations"; If there are no regulations on non-commercial road transportation of dangerous goods, refer to the "Road Goods Transportation and Station Management Regulations".
Article 58 The road transport management agency may charge a production fee for the road transport license for dangerous goods and the "Road Transport Certificate" issued in accordance with these regulations. The specific charging standards for construction costs shall be determined by the finance and pricing departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government together with the transportation departments at the same level.
Article 59 These regulations will come into effect on August 1, 2005. The "Regulations on Road Transport of Dangerous Goods" (Jiaoyunfa [1993] No. 1382) issued by the Ministry of Transport in 1993 were abolished at the same time.