Article 1 These Provisions are formulated in accordance with the Regulations on Road Transportation and the Regulations on the Safety Management of Radioactive Materials Transportation for the purpose of regulating the road transportation activities of radioactive materials, ensuring the safety of people's lives and property and protecting the environment.
Article 2 Those who engage in road transport of radioactive materials shall abide by these provisions.
Article 3 Radioactive articles mentioned in these Provisions refer to articles containing radionuclides whose activity and specific activity are higher than the exemption value stipulated by the state.
The special vehicles for road transport of radioactive materials mentioned in these Provisions (hereinafter referred to as special vehicles) refer to trucks that meet specific technical conditions and requirements and are used for road transport of radioactive materials.
The term "road transport of radioactive materials" as mentioned in these Provisions refers to the operation process of using special vehicles to transport radioactive materials by road.
Article 4 According to the characteristics of radioactive substances and their potential harm to human health and the environment, radioactive substances are divided into Category I, Category II and Category III.
A class of radioactive substances refers to radioactive substances that have a significant radiation impact on human health and the environment after being released into the environment, such as class I radioactive sources, high-level radioactive wastes and spent fuel.
Class II radioactive substances refer to radioactive substances that have general radiation effects on human health and the environment after being released into the environment, such as class II and III radioactive sources and medium-level radioactive wastes.
The third category of radioactive materials refers to radioactive materials with the fourth and fifth categories of radioactive sources, low-level radioactive wastes, radioactive drugs, etc. After being released into the environment, it has little radiation impact on human health and the environment.
The specific classification and catalogue of radioactive materials shall be implemented in accordance with the specific classification and catalogue of radioactive materials formulated by the nuclear safety supervision department of the State Council in conjunction with the competent departments of public security, health, customs, transportation, railways, civil aviation and nuclear industry of the State Council.
Article 5 Road transport of radioactive materials shall ensure safety, transport according to law, honesty and trustworthiness.
Article 6 The transportation department in the State Council shall be in charge of the management of road transportation of radioactive materials throughout the country.
The transportation departments of local people's governments at or above the county level shall be responsible for organizing and leading the management of road transportation of radioactive materials within their respective administrative areas.
Road transport management institutions at or above the county level shall be responsible for the specific implementation of road transport management of radioactive materials within their respective administrative areas.
Chapter II Licensing of Transport Qualification
Article 7 To apply for the operation of road transport of radioactive materials, the following conditions shall be met:
(a) there are special vehicles and equipment that meet the requirements.
1. Technical requirements for special vehicles.
(1) The technical performance of the vehicle meets the requirements of the national standard "Comprehensive Performance Requirements and Inspection Methods for Operating Vehicles" (GB 18565), and the technical level reaches the first-class technical level stipulated in the industry standard "Technical Classification and Evaluation Requirements for Operating Vehicles" (JT/T 198);
(2) The overall dimensions, axle load and mass of the vehicle meet the requirements of the national standard "Limits of Overall Dimensions, Axle Load and Mass of Road Vehicles" (GB 1589);
(3) The fuel consumption of vehicles meets the requirements of the industry standard Limits and Measurement Methods of Fuel Consumption of Operating Freight Cars (JT7 19).
2. Other requirements for special vehicles.
(1) Vehicles are owned by enterprises, and the number is more than 5;
(2) Vehicles with an approved load of 1 ton or less are vans or closed vans;
(3) The vehicle is equipped with a satellite positioning system that meets the requirements of online monitoring and has the function of driving recorder.
3. Equipment requirements.
(1) equipped with effective communication tools;
(two) equipped with necessary radiation protection articles and monitoring instruments that are regularly certified according to law.
(2) Having qualified employees.
1. The driver of the special car has obtained the corresponding motor vehicle driver's license, and the age is no more than 60 years old;
2. Drivers, loading and unloading managers and escorts engaged in road transport of radioactive materials have passed the examination by the competent transportation department of the municipal people's government located in the district, and obtained the road transport qualification certificate with the qualification category of "road transport of radioactive materials" (hereinafter referred to as the road transport qualification certificate);
3. Have safety management personnel with radiation protection and related safety knowledge.
(3) Having a sound safety production management system.
1. Emergency plan for production safety;
2. Safety management system for employees, vehicles, equipment and parking lot;
3. Safety production operation procedures and radiation protection management measures;
4. Safety production supervision and inspection and responsibility system.
Article 8 Units that produce, sell, use and dispose of radioactive materials (including the operating units of urban radioactive waste depots in provinces, autonomous regions and municipalities directly under the Central Government that are engaged in the transportation of radioactive materials during the collection and storage of radioactive wastes) may use their own special vehicles to engage in non-operating road transportation activities of radioactive materials serving their own units if they meet the following conditions:
(1) Holding valid certificates of production, sale, use and disposal of radioactive materials approved by relevant departments according to law;
(2) Having a container for transporting radioactive materials that meets the requirements set by the state;
(3) Having professional and technical personnel with knowledge of radiation protection and safety protection;
(four) drivers, special vehicles, equipment and safety production management systems that meet the requirements of Article 7, but the number of special vehicles can be less than 5.
Article 9 The State encourages units that produce, sell, use or dispose of radioactive materials with strong technical force and good equipment and transportation conditions to apply for road transportation of non-operating radioactive materials in accordance with the conditions stipulated in Article 8.
Article 10 An enterprise applying for the operation of road transport of radioactive materials shall apply to the local municipal road transport management institution with districts, and submit the following materials:
An application form for road transport of radioactive materials, including the basic information of the applicant and the scope (category or name) of transporting radioactive materials;
(two) the identity certificate and photocopy of the person in charge of the enterprise, the identity certificate and photocopy of the agent, and the power of attorney;
(three) materials to prove the situation of special vehicles and equipment, including:
1. If the vehicle is not purchased, a letter of commitment that the vehicle will be put into use soon shall be submitted. The contents include the quantity, type, technical grade, total mass, approved load mass, axle number and vehicle dimensions of the vehicles to be purchased;
2. If the vehicle has been purchased, relevant materials such as vehicle driving license, vehicle technical grade certificate or vehicle technical inspection certificate and its copy shall be provided;
3. Configuration description of radiation protection articles, monitoring instruments and other equipment.
(4) The road transport qualification certificates and photocopies of the relevant drivers, loading and unloading management personnel and escorts, the driver's license and photocopies, and the job certificates of safety management personnel;
(five) the text of the enterprise's business plan and related safety production management system.
Eleventh units applying for road transport of non-operating radioactive materials shall submit the following materials in addition to the materials specified in Item (3) and Item (5) of Article 10:
An application form for road transport of radioactive materials, including the basic information of the applicant and the scope (category or name) of transporting radioactive materials;
(two) the identity certificate and photocopy of the person in charge of the unit, the identity certificate and photocopy of the agent, and the power of attorney;
(3) A valid certificate that the relevant department has approved the production, sale, use or disposal of radioactive materials according to law;
(four) the inspection certificate of radioactive materials transport containers and monitoring instruments;
(five) a description of the requirements for the transportation of radioactive materials;
(six) the driver's license, road transport qualification certificate and a copy of the relevant driver;
(seven) the work certificate of the relevant professional and technical personnel, if it is necessary to obtain the relevant qualification certificate according to law, it shall also submit a valid qualification certificate and a copy.
Twelfth districts of the municipal road transport management institutions shall implement the administrative license in accordance with the "Regulations" and "Regulations" and the procedures stipulated in these measures.
If it decides to grant the license, it shall make a written decision to grant the administrative license to the licensee, and issue a road transport business license to the applicant for road transport of radioactive materials within 10 days, and issue a road transport license to the applicant for non-operating road transport of radioactive materials. If it decides not to grant permission, it shall notify the applicant in writing and explain the reasons.
Thirteenth did not buy a special vehicle at the time of application, but submitted a commitment to put into use, the licensee shall implement the commitment to put into use within six months from the date of receiving the road transport business license or the road transport license for radioactive materials. The road transport management institution that has made the licensing decision shall verify the licensee's implementation of the letter of commitment to put the vehicle into use. In line with the licensing conditions, a special vehicle road transport certificate shall be issued.
If a special vehicle has been purchased at the time of application, and the relevant materials of the special vehicle have been submitted in accordance with the provisions of Article 10 and Article 11, the road transport management institution that made the licensing decision shall verify the situation of the special vehicle. In line with the licensing conditions, it shall issue a road transport business license or a road transport license for radioactive materials to the licensee, and at the same time issue a road transport license for special vehicles.
The road transport management institution that makes the licensing decision shall indicate the scope (category or name) of allowing the transport of radioactive materials in the relevant columns of the road transport certificate. Engaged in road transport of non-operating radioactive materials, it shall also affix a special seal for road transport of non-operating radioactive materials on the road transport certificate.
Article 14 Where a road transport enterprise or unit of radioactive materials terminates the transport business of radioactive materials, it shall notify the road transport management institution that originally decided on the license in writing 30 days before the date of termination. If it is engaged in the road transport business of radioactive materials, the road transport management institution decided by the original license shall, within 10 days from the date of receiving the written notice, announce to the public the termination of the transport business of radioactive materials by the radioactive road transport enterprise.
The road transport enterprise or unit of radioactive materials shall return the relevant license to the original license-issuing authority within 10 days from the date of termination of the transport business of radioactive materials.
Chapter III Management of Special Vehicles and Equipment
Fifteenth road transport enterprises or units of radioactive materials shall, in accordance with the standards and regulations of vehicle and equipment management, maintain, test, use and manage special vehicles and equipment to ensure that the technical conditions of special vehicles and equipment are good.
Article 16 The municipal road transport management institution with districts shall, in accordance with the Provisions on the Administration of Road Freight Transportation and Stations, regularly verify whether the special vehicles meet the licensing conditions as stipulated in Articles 7 and 8, and verify once a year.
Seventeenth districts of the municipal road transport management institutions should check the periodic verification certificate of monitoring instruments and special vehicles to insure the carrier's liability insurance for dangerous goods. Inspection can be combined with the frequency of regular inspection of special vehicles.
Eighteenth prohibit the use of scrapped, unauthorized modification, unqualified or other vehicles and equipment that do not meet the requirements of the state to engage in road transport activities of radioactive materials.
Article 19 It is forbidden to use special vehicles to transport non-radioactive articles, except container transport vehicles (including tractors and trailers), towing vehicles and special vehicles for transporting radioactive drugs.
In accordance with the provisions of the first paragraph of this article, the use of special vehicles to transport non-radioactive materials, radioactive materials and non-radioactive materials shall not be mixed.
Chapter IV Transportation of Radioactive Materials
Article 20 The shipper of radioactive materials transported by road (hereinafter referred to as the shipper) shall formulate an emergency plan for nuclear and radiation accidents, take effective radiation protection and security measures in the process of transporting radioactive materials, and be responsible for the nuclear and radiation safety of transporting radioactive materials.
Twenty-first road transport of radioactive materials carrier (hereinafter referred to as the carrier) shall obtain the corresponding qualification of road transport of radioactive materials, and shall be responsible for whether the transport matters conform to the transport scope permitted by the qualification of the radioactive materials transport enterprise or unit.
Twenty-second non-operating road transport units of radioactive materials shall perform the obligations of the shipper and the carrier in accordance with the Regulations on the Safety Management of Radioactive Materials Transport, the Regulations on Road Transport and these Provisions, and bear corresponding responsibilities.
Non-operating road transport units of radioactive materials shall not engage in road transport business activities of radioactive materials.
Article 23 Before concluding a road transport contract for radioactive materials with the shipper, the carrier shall examine and keep the following materials submitted by the shipper:
Description of transportation, including the name, quantity, physical and chemical forms and hazards of radioactive substances;
(2) Radiation monitoring report, in which the radiation monitoring report of Class I radioactive materials is issued by a qualified radiation monitoring agency entrusted by the shipper; The radiation monitoring report of Class II and Class III radioactive materials shall be issued by the shipper;
(3) Guidelines for emergency response to nuclear accidents and radiation accidents;
(4) Guidelines on treatment methods;
(5) Safety protection guide.
If the contents required in items (4) and (5) of the first paragraph of this article are stated together in the transport instruction, the shipper may not submit the materials required in items (4) and (5).
If the materials submitted by the shipper are incomplete, or the consigned goods fail to meet the national safety standards for the transport of radioactive materials after monitoring, the carrier shall not conclude a road transport contract with the shipper.
Article 24 Before the shipment of Class I radioactive materials, the carrier shall check with the shipper the approval documents of the nuclear safety department of the State Council on the nuclear and radiation safety analysis report and the approval documents of the public security department on allowing the road transportation of radioactive materials.
Before the shipment of radioactive materials of Category II and III, the carrier shall check the approval documents issued by the public security department to the shipper for the road transport license of radioactive materials.
Article 25 The shipper shall, in accordance with the Rules for the Safe Transport of Radioactive Materials (GB 1 1806) and other relevant national standards and regulations, set warning signs on the transport containers of radioactive materials.
Twenty-sixth special vehicles for transporting radioactive substances shall be hung with warning signs that meet the requirements of the national standard "Road Dangerous Goods Transport Vehicle Signs" (GB 13392).
Twenty-seventh special vehicles shall not violate the relevant provisions of the state, overload and overload transport of radioactive materials.
Twenty-eighth in the process of road transport of radioactive materials, in addition to the driver, special vehicles should also be equipped with escorts to ensure that radioactive materials are under the supervision of the escorts. When transporting a class of radioactive materials, the carrier may require the shipper to provide technical guidance when necessary.
Twenty-ninth drivers, loading and unloading managers and escorts should carry the road transport qualification certificate with them when they take up their posts, and drivers of special vehicles should also carry the road transport certificate with them.
Article 30 Drivers, loading and unloading managers and escorts shall know the nature, dangerous characteristics, use requirements, loading and unloading requirements of packages or containers and the disposal measures in case of emergency according to the information provided by the shipper.
Article 31 When a nuclear and radiation accident occurs in the transportation of radioactive materials, the carrier and the shipper shall, in accordance with the requirements of the Emergency Guide for Nuclear and Radiation Accidents and in combination with the relevant contents of the enterprise's emergency plan for production safety, do a good job in emergency handling of the accident and immediately report to the competent environmental protection department of the people's government at or above the county level where the accident occurred.
Article 32 Road transport enterprises or units of radioactive materials shall employ drivers, loading and unloading managers and escorts with corresponding road transport qualification certificates, and regularly train drivers, loading and unloading managers and escorts on transportation safety production and basic emergency knowledge to ensure that drivers, loading and unloading managers and escorts are familiar with relevant business knowledge and skills such as safety production regulations, standards and related operating procedures.
Road transport enterprises or units of radioactive materials shall assess the safety in production and basic emergency knowledge of transport for drivers, loading and unloading management personnel and escorts; Those who fail the examination shall not engage in related work.
Article 33 Road transport enterprises or units of radioactive materials shall, in accordance with the relevant provisions of the state on the prevention and control of occupational diseases, monitor the personal dose of drivers, loading and unloading managers and escorts, and establish personal dose files and occupational health monitoring files.
Thirty-fourth road transport enterprises or units of radioactive materials shall insure the liability insurance of dangerous goods carriers.
Thirty-fifth road transport enterprises or units of radioactive materials shall not transfer, lease or lend the license for road transport of radioactive materials.
Thirty-sixth road transport management institutions at or above the county level shall urge the road transport enterprises or units of radioactive materials to establish corresponding self-inspection systems for special vehicles, equipment and safety production systems, and strengthen supervision and inspection.
The staff of the road transport management institution at or above the county level shall supervise and inspect the road transport activities of radioactive materials according to law, and be equipped with necessary safety protection equipment in accordance with the provisions on labor protection.
Chapter V Legal Liability
Article 37 Where a road transport management institution refuses or obstructs the implementation of supervision and inspection on the transport safety of radioactive materials according to law, or practices fraud when accepting supervision and inspection, the road transport management institution at or above the county level shall order it to make corrections and impose a fine of 20,000 yuan to 6,543,800 yuan; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-eighth in violation of these regulations, without obtaining the qualification license for road transport of radioactive materials, under any of the following circumstances, the road transport management institution at or above the county level shall order it to stop transportation. Illegal income, confiscate the illegal income, and impose a fine of more than 2 times the illegal income 10 times. If there is no illegal income or the illegal income is less than 20,000 yuan, a fine ranging from 30,000 yuan to 6,543,800 yuan shall be imposed. If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) engaged in road transport of radioactive materials without qualification permission;
(2) engaging in road transport of radioactive materials by using invalid, forged, altered, cancelled or other invalid road transport licenses for radioactive materials;
(three) beyond the qualification licensing matters, engaged in road transport of radioactive materials;
(4) Non-operating road transport units of radioactive materials are engaged in road transport of radioactive materials.
Thirty-ninth in violation of these regulations, the road transport enterprises or units of radioactive materials fail to maintain and test the special vehicles according to the regulations, and the road transport management institutions at or above the county level shall order them to make corrections and impose a fine of more than 5000 yuan 1000 yuan.
Fortieth in violation of these regulations, the road transport enterprises or units of radioactive materials modify the special vehicles that have obtained the road transport license without authorization, and the road transport management institutions at or above the county level shall order them to make corrections and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan.
Article 41 Whoever, in violation of these regulations, fails to carry the road transport license with the vehicle shall be ordered by the road transport management institution at or above the county level to make corrections, and the road transport enterprise or unit of radioactive materials shall be given a warning or fined from 20 yuan to 200 yuan.
Forty-second radioactive materials in road transport activities, by people who do not meet the conditions stipulated in Article 7 and Article 8 of these Provisions to drive special vehicles, the road transport management institution at or above the county level shall order it to make corrections and impose a fine of more than 2,000 yuan in 200 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-third in violation of these provisions, the road transport enterprises or units of radioactive materials have one of the following acts, and the road transport management institutions at or above the county level shall order them to take out insurance within a time limit; Refuse to insure, the original license of the municipal road transport management institution with districts shall revoke the road transport business license or the road transport license for radioactive materials, or cancel the corresponding license scope on the license:
(a) the carrier's liability insurance for dangerous goods is not insured;
(2) The insured carrier liability insurance for dangerous goods has expired, and the insurance has not been continued.
Article 44 Where an enterprise or unit that transports radioactive materials by road illegally transfers or leases the license for road transport of radioactive materials in violation of the provisions of these Regulations, the road transport management institution at or above the county level shall order it to stop the illegal act, collect the relevant documents and impose a fine of more than 2,000 yuan/kloc-0,000 yuan; If there are illegal gains, the illegal gains shall be confiscated.
Forty-fifth in violation of the provisions of this Ordinance, the road transport enterprises or units of radioactive materials no longer have the relevant safety conditions required by the license, and there are major transportation safety hazards, and the road transport management institutions at or above the county level shall order them to make corrections within a time limit; If it cannot be corrected as required within the specified time and the circumstances are serious, the original licensing authority shall revoke the road transport business license or the road transport license for radioactive materials, or cancel the corresponding scope of the license.
Article 46 In the course of road transport supervision and inspection, the staff of the road transport management institution at or above the county level shall notify the relevant departments to deal with the illegal acts of the road transport enterprises or units of radioactive materials, which should be punished by the public security department, the nuclear safety supervision department or the environmental protection department in accordance with the Regulations on the Safety Management of Radioactive Materials Transportation and other relevant laws and regulations.
Chapter VI Supplementary Provisions
Article 47 These Provisions shall not apply to the road transport of military radioactive materials.
Article 48 These Provisions shall come into force as of 20111.