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第201号 广东省道路货物运输源头超限超载治理办法
来源:广东省司法厅      发布时间:2019-02-28 16:25   

  Decree of the People’s Government of Guangdong Province

  No. 201

  Measures of Guangdong Province on the Management of the Sources of Oversized and Overloaded Road Freight Transport adopted at the Twenty-sixth Executive Meeting of the Twelfth Session of the People’s Government of Guangdong on May 22, 2014 are hereby promulgated and shall become effective as of August 1, 2014.

  Governor

  Zhu Xiaodan

       June 18, 2014

  

Measures of Guangdong Province on the Management of the Sources of 

Oversized and Overloaded Road Freight Transport


Article 1 

These Measures are formulated for the purposes of regulating the sources of oversized and overloaded road freight, protecting the highway property, maintaining the right of the highway and safeguarding the safety of the people’s lives and property in accordance with such laws and regulations as the Highway Law of the People’s Republic of China, Regulations on the Protection of Highway Safety and Regulations of Guangdong Province on Road Transport and in light of the actual situation of this Province.

Article 2 

These Measures shall apply to the management of the sources of oversized and overloaded road freight transport within the administrative region of this Province.

Article 3 

The sources of road freight transport (hereinafter referred to as “the sources of freight transport”) mentioned in these Measures refers to such goods collection and distributing centers and loading and unloading sites as the mines, cement plants, steel mills, sand quarries, construction sites, ports, railway stations, stations of road freight transport (including the logistics parks and centers), vegetable distribution stations (places), which are prone to be overrun and overloaded.

Article 4 

People’s government at or above the county level shall be responsible for managing the oversized and overloaded source of road freight transport within its administrative region, establishing the liaison and coordination mechanisms of law enforcement in the management of oversized and overloaded sources of road freight transport, and ensuring the budget for managing the oversized and overloaded source of road freight transport by law.

Article 5

The competent transport department shall inform the public of the freight transport source units within their respective administrative regions, and sign a responsibility agreement with those units and implement the mechanism of retroactively investigating the responsibility. It shall strengthen the supervision and management in the loading and unloading link of freight source units, establish the information system and credit records of freight transport enterprises and their staff, and impose the punishment in combination with the quality and credit evaluation system of road transport enterprises.

The quality and technical supervision departments shall supervise and manage the compulsory verification of weighing equipment of freight transport source units.

Such administrative departments as the public security, economic and information technology, industrial and commercial authorities shall, in accordance with their respective functions and responsibilities, investigate and handle the cases of illegal activities transferred by the competent transport department.

People’s government at or above the county level may, in accordance with relevant laws, regulations, rules and policy documents, specify the functions and responsibilities of relevant departments in the management of oversized and overloaded sources of freight transport.

Article 6

A freight transport source unit shall perform the following duties:

(1) Establishing a cargo loading system and clarifying the responsibilities of cargo loading, invoicing and weighing staff;

(2) Installing the weighing equipment in cargo loading sites and ensuring the accuracy of weighing equipment. For those weighing equipment requiring the compulsory verification, making regular applications for equipment calibration to the statutory metrological verification institution;

(3) Maintaining the normal operation of remote video monitoring system of the unit;

(4) Registering the road transport certificate and driver’s qualification certificate if involving the commercial cargo transport vehicles, and the vehicle driving license and the driver’s license if the non-commercial cargo transport vehicles is involved;

(5) Registering the information on the source of freight transport, conducting relevant statistics, and establishing a counting ledger for the goods loading; and

(6) Being subject to the supervision and inspection by law enforcement officers, and providing relevant information and materials truthfully.

Article 7 

A freight transport source unit shall not engage in any of the following acts:

(1) Loading and/or stowing the goods for vehicles that exceeded the standard;

(2) Loading and/or stowing the goods for unlicensed or incomplete licensed vehicles; or

(3) Offering false loading certificate for oversized and/or overloaded vehicles.

Article 8

The loading staff of a freight transport source unit shall load, weigh and invoice the goods in accordance with relevant rules, and shall not release any unweighed, oversized and overloaded vehicles.

Article 9 

The competent transport department at or above the county level shall perform the following duties of supervising the freight source unit by such means as the patrolling inspection, remote video monitoring and on-site stationed inspection:

(1) Supervising and inspecting relevant management systems of freight source units against overloaded and oversized transport as well as the information on fulfilling the responsibilities;

(2) Checking the registration and statistics of freight source units on loaded goods; and

(3) Immediately stopping the illegal act discovered, imposing the penalties in accordance with the law; and transferring the case to relevant administrative organs in a timely manner if having no jurisdiction over such act.

Article 10 

The competent transport department at or above the county level shall publicize the policies and regulations on regulating the oversized and overloaded freight transport, establish a system of complaining and reporting the oversized and overloaded sources of freight transport, and inform the public of telephone numbers, postal address and e-mails for complaining and reporting such oversized and overloaded freight transport. Once receiving the complaints or reports, the competent transport department shall handle and reply in a timely manner.

The competent transport department at or above the county level shall strengthen the communication with the freight source units, and guide such units in establishing a cargo loading system and installing the weighing equipment and remote video monitoring system.

Article 11

Where there is a violation of Items 1, 3, 4, 5 and 6 of Article 6 of these Measures, the competent transport department at or above the county level shall order the violator to make corrections within the prescribed time limit, and impose a fine of 2,000 yuan if the violator fails to do so within such time limit.

Where there is a violation of Item 2 of Article 6 of these Measures, failing to install the weighing equipment in cargo loading sites, the competent transport department at or above the county level shall order the violator to make correction within the prescribed time limit, and impose a fine of not more than 20,000 yuan if the violator fails to do so within such time limit. Where the weighing equipment with unqualified calibration is used, or the one required of compulsory verification is used without going through the inspection by a statutory metrological verification organ, the quality and technical supervision administrative department at or above the county level shall order the violator to make corrections and impose a fine of not more than 1,000 yuan.

Article 12

Where there is a violation of Article 7 of these Measures, the competent transport department at or above the county level shall impose the freight source unit a fine of 20,000 yuan per vehicle/time.

Article 13

Where there is a violation of Article 8 of these Measures, the competent transport department at or above the county level shall impose the staff member that released the unweighted or overloaded or oversized vehicles and the person(s) in charge of the freight source unit a fine of 1,000 yuan and 2,000 yuan per vehicle/time respectively.

Article 14

Where any principal leader or other staff member of the competent transport department at or above the county level is involved in any one of the following circumstances, the position appointment and removal organ or the supervisory organ shall impose sanctions thereon by law. Where such principal leader or other staff member is suspected of committing a crime, he/she shall be referred to the judicial authority for investigating the criminal liability by law:  

(1) Failure to discharge the responsibilities of harnessing the sources of oversized and overloaded road freight; or

(2) Participation in the operation of freight source units directly or in a disguised manner.

Article 15

Where any such department as those of the public security, economic and information technology, industry and commerce, and quality and technical supervision fails to handle the case of illegal act transferred by the competent transport department, the position appointment and removal organ or the supervisory organ shall impose sanctions on the principal leader and/or staff member concerned by law. Where such principal leader or other staff member is suspected of committing a crime, he/she shall be referred to the judicial authority for investigating the criminal liability by law.

Article 16

These Measures shall become effective as of August 1, 2014.