PROCEDURES OF SHANGHAI MUNICIPALITY ON THE ADMINISTRATION OF ROAD TRANSPORTATION OF DANGEROUS GOODS OF BUSINESS NATURE (Effective Date:1997.09.01–Ineffective Date:)
CHAPTER I GENERAL PROVISIONS CHAPTER II QUALIFICATION ADMINISTRATION CHAPTER III VEHICLE ADMINISTRATION CHAPTER IV ADMINISTRATION Article 1 (Purpose and Basis) The Present Procedures are formulated in accordance with the “Regulations of Shanghai Municipality on the Administration of Road Transportation” Article 2 (Definition) Dangerous goods as defined in the present Procedures refer to goods that are explosive, inflammable, poisonous, erosive or radioactive Article 3 (Classification of Dangerous Goods) According to their difference in nature, dangerous goods may be classified as explosives, compressed gas and liquefied gas, inflammable Article 4 (Scope of Application) The present Procedures are applicable to road transportation of dangerous goods of a business nature (including loading and unloading Article 5 (Administrative Departments) The Communications Office of the People’s Government of Shanghai Municipality (hereinafter referred to as the “Municipal Communications The responsible administrative departments of communications in districts and counties and their subordinates, the Administrative The departments of public security, industry and commerce, taxation, price control, labor, environmental protection, civil defense Article 6 (Supervision and Inspection) The administrative personnel of the Municipal Land Transportation Section and the District (County) Land Transportation Subsection Units or individual persons engaged in road transportation of dangerous goods (including loading and unloading of dangerous goods
CHAPTER II QUALIFICATION ADMINISTRATION Article 7 (Qualifications for Units Engaged in Road Transportation of Dangerous Goods) Units engaged in road transportation of dangerous goods of a business nature shall possess the following qualifications: 1. Possessing ten or more specialized vehicles for road transportation of dangerous goods and more than five years’ experience of 2. Having adequate parking space appropriate to their business scale; 3. Having special equipment for cleaning vehicles and removing contamination by dangerous goods; 4. Having competent technical and safety control personnel; 5. Fire-fighting equipment for dangerous goods transportation vehicles, containers, loading and unloading machinery, accessories and 6. Having qualified drivers, loaders and business management personnel who have undergone vocational training and have passed the 7. Having sound rules of safe operation and a sound system of vehicle and equipment maintenance; and 8. Other requirements as prescribed by rules and regulations. Article 8 (Qualifications for Units Engaged in Loading and Unloading of Dangerous Goods) Units engaged in business activities of loading and unloading dangerous goods shall possess the following qualifications: 1. Having more than 5 years’ experience in loading and unloading of goods; 2. Having loading and unloading machinery, accessories and tools appropriate to their business scale, and safety protecting measures 3. Having competent technical and safety control personnel; 4. Having qualified loaders and business management personnel who have undergone vocational training and passed the tests; 5. Having sound rules of safe operation and a sound system of loading and unloading machinery maintenance; 6. Other requirements as prescribed by rules and regulations. Article 9 (Qualifications for Service Units in Connection with Road Transportation of Dangerous Goods) Units providing services of a business nature to road transportation of dangerous goods shall meet the following requirements: 1. Having a fixed place for business; 2. Having more than 5 years’ experience in providing services to road transportation of goods; 3. Having qualified business personnel who have undergone vocational training and passed the tests; 4. Having more than 30 square meters of special warehouse that meets fire control requirements if they are to pack dangerous goods 5. Other requirements as prescribed by rules and regulations. Article 10 (Documents to Be Submitted When Applying for Road Transportation of Dangerous Goods) Units applying for road transportation of dangerous goods as a business shall submit the following documents: 1. Application; 2. Document certifying business scale and experience in read transportation of goods; 3. Documents certifying the availability of parking space; 4. Plane figures of special facilities for cleaning vehicles and removing contamination of dangerous goods; 5. List of technical and safety control personnel; 6. Driving licenses of vehicles and datum of vehicles and equipment (including operation licenses and certificates of inspection issued 7. Certificates of qualification of drivers, loaders and business management personnel who have undergone training and passed the 8. Relevant texts concerning rules and regulations of management system; 9. Documents of approval issued by public security departments for engagement in road transportation of dangerous goods that are inflammable, 10. Other materials as prescribed by rules and regulations. Article 11 (Documents to Be Submitted When Applying for Loading and Unloading of Dangerous Goods) Units applying for engaging themselves in business activities of loading and unloading dangerous goods shall submit the following 1. Application; 2. Documents certifying experience in loading and unloading goods; 3. Documents stating the loading and unloading machinery, accessories and tools; safety control measures and datum of safety control 4. Lists of technical and safety control personnel; 5. Certificates of qualification of loaders and business management personnel who have undergone training and passed the tests; 6. Relevant texts concerning rules and regulations of management; and 7. Other materials as prescribed by rules and regulations. Article 12 (Documents to Be Submitted When Applying for Service Activities of Road Transportation of Dangerous Goods) Units applying for engaging themselves in business activities of servicing road transportation of dangerous goods shall submit the 1. Documents certifying business sites; 2. Documents certifying experience in servicing road transportation of goods; 3. Certificates of training, test and qualification of business personnel; and 4. Other materials as prescribed by rules and regulations. Those who act and consign dangerous goods to shipment for their owners shall submit, in addition, a plane figure of warehouse and Article 13 (Acceptance, Examination and Approval of Application) Units that are to be engaged in business activities of road transportation of dangerous goods (including loading and unloading of Authorities of examination and approval shall, within 30 days after reception of application, make a decision. Certificates for road Article 14 (Registration With industry and Commerce Departments and Taxation Departments) Units approved to be engaged in the business activities of road transportation of dangerous goods (including loading and unloading Article 15 (Scope of Business) Units approved to be engaged in the business activities of road transportation of dangerous goods (including loading and unloading Article 16 (Alteration and Winding-up of Business) In case a business unit engaged in road transportation of dangerous goods (including loading and unloading of dangerous goods and In case the business units engaged in road transportation of dangerous goods (including loading and unloading of dangerous goods and Article 17 (Annual Examination) The Municipal Land Transportation Section and District (County) Land Transportation Subsection shall undertake an annual examination
CHAPTER III VEHICLE ADMINISTRATION Article 18 (Examination and Approval of Application of Purchase of Vehicles) In case business units engaged in road transportation of dangerous goods need to purchase freight motor vehicles, they shall submit Article 19 (Technical Specifications of Vehicles and Safety Requirements for Facilities and Containers) Vehicles engaged in transportation of dangerous goods must meet the requirements prescribed by the State regulations with respect Pressure tanks (troughs) for transportation of dangerous goods must meet the safety requirements prescribed by the State and the labor Safety requirements with respect to normal pressure tanks (troughs) for transportation of dangerous goods shall be prescribed by the Article 20 (Vehicles Symbols) Vehicles engaged in transportation of dangerous goods must carry symbols for special use, which shall be printed and issued uniformly Article 21 (Repair, Refitting and Examination of Vehicles) Vehicles engaged in transportation of dangerous goods shall receive maintenance in accordance with the prescribed period and requirements. Vehicles engaged in transportation of dangerous goods that need repair or refitting with respect to some special parts affecting safety Vehicles engaged in transportation of dangerous goods shall receive comprehensive examination with respect to their technical performance Article 22 (Use of Vehicles and Containers Prohibited by Law) Vehicles and containers are prohibited from carrying dangerous goods under any one of the following circumstances: 1. The total mileage of the vehicle exceeds 400,000 kilometers or the vehicle has been in use for 10 years; 2. The technical performance of the vehicle is below the standards of second-class vehicles; or 3. The technical performance or the container does not meet the requirements prescribed in Article 19 of the present Procedures.
CHAPTER IV ADMINISTRATION OF OPERATION Article 23 (Standards for the Consignment of Dangerous Goods for Shipment) Consignors shall consign for shipment of dangerous goods to units legally qualified to be engaged in such business and complete the In case of consignment for shipment of dangerous goods that the consignor has to show certificates of permission for transportation Article 24 (Standards for Acceptance of Dangerous Goods for Transportation) When accepting dangerous goods for road transportation, the carrier or shipping agent must verify the consignment forms filled and Carriers or shipping agents shall not transfer business of road transportation of dangerous goods they have accepted to units not When accepting the following dangerous goods for road transportation, the carrier or shipping agent shall, three days before starting 1. Explosives; 2. Poisonous goods; 3. Organic peroxides that require temperature control; 4. Radioactive materials; or 5. Highly dangerous goods to be transported in pressure tanks. (troughs) Article 25 (Training of Personnel Engaged in the Business) Drivers, loaders, technical administrative personnel and business personnel engaged in business activities of road transportation Article 26 (Certificates to Be Carried by Drivers and Loaders) Drivers engaged in business activities of road transportation of dangerous goods shall carry with their vehicles certificates for Article 27 (Standards for Transporting and Loading Operation) When transpiration or loading and unloading dangerous goods, drivers and loaders shall, in accordance with the State rules of operation No unit or individual person shall be allowed to have combined loading of different goods in one piece cargo, load bulk cargo in a Article 28 (Driving and Parking of Vehicles) Vehicles transporting dangerous goods shall travel in accordance with prescribed time, route and areas. In the course of transporting dangerous goods, vehicles shall not park in denselypopulated areas, with government institutions, stores, Vehicles carrying inflammable goods must not go near unshielded fire or hightemperature spots. Article 29 (Handing Over of Goods) The consignor or shipper shall hand over the goods to the carrier in accordance with the “Rules on the Transportation of Dangerous Consignment or loading of goods shall be prohibited in any one of the following circumstances: 1. Transporting vehicles are not qualified to carry dangerous goods; 2. The dangerous goods to be loaded do not conform in name, amount or specifications to those listed in the dispatch list or the bill 3. The packing or the container for the dangerous goods does not meet the prescribed requirements, or is found to be damage or leaking; 4. Goods that become inflammable when wet already have water stains or traces of having been exposed to rain; 5. There are no dangerous goods symbols on the packing or the marks are indistinct; 6. Requirements on loading (including combined loading and mixed loading) of dangerous goods are not met. Article 30 (Rules on the Prohibition of Transportation) Trailers, motorized tricycles, motorcycles and non-motorized vehicles are prohibited from transporting explosives, first-class oxidizers, Tractors are prohibited from transporting compressed gas, liquefied gas, first-class inflammables, explosives, first-class oxidizers, Automatic unloading vehicles are prohibited from transporting any dangerous goods except second-class solid dangerous goods. Vehicles with tanks (whose volume is above 400 liters, similarly hereinafter) that have failed to pass the qualification tests are Article 31 (Restrictions on Carriers) Self-employed workers engaged in transportation business are prohibited from transporting dangerous goods that are inflammable, explosive, Carrier units from other provinces or cities but stationed in Shanghai are prohibited from road transportation of dangerous goods Article 32 (Statistical Report of Transportation) Units engaged in business activities of road transportation of dangerous goods (including loading and unloading of dangerous goods Article 33 (Administration of Vehicles Entering Shanghai from Provinces and Other Municipalities) Vehicles transporting dangerous goods from other provinces or cities that take Shanghai as place of destination must carry certificates Passing vehicles transporting dangerous goods from provinces or cities other than Shanghai that need to stop in Shanghai shall park Article 34 (Reporting and Handling of Transportation Accidents) When accidents happen in road transportation of dangerous goods, the drivers and loaders shall adopt timely emergency self-help measures The Municipal Land Transportation Section and the District (County) Land Transportation Subsection shall cooperate with the public
Article 35 (Administrative Penalty) Violations of the provisions of the present Procures by units or individual persons engaged in business activities of road transportation 1. Those who engage in business activities of road transportation of dangerous goods (including loading and unloading of dangerous 2. Those who engage in business activities exceeding the approved scope without approval shall be penalized by confiscation of the 3. Drivers not carry with their vehicles certificates for road transportation of dangerous goods or operational certificates for road 4. Those who engage in forgery, lending or selling of special seals for road transportation of dangerous goods, certificates for road 5. Vehicles transporting dangerous goods that do not bear special vehicle in accordance with regulations shall, in the light of the 6. Those who engage in forgery, transfer or filtering of special vehicle mark for road transportation of dangerous goods shall be 7. Those who buy vehicles and engage in business activities of road transportation of dangerous goods without authorization shall, 8. For dangerous goods transportation vehicles whose technical performance does not meet the relevant requirements set by the State, 9. For dangerous goods transportation vehicles that are not given second-class maintenance in accordance with the regulations, a fine 10. Those who fail to submit a statistical report of road transportation of dangerous goods (including loading and unloading of dangerous 11. For refusal to accept annual examination as prescribed by regulations, units engaged in business activities of road transportation 12. Carriers or shipping agents who transfer business of road transportation of dangerous goods to units or individuals not legally 13. For violation of rules of operation in loading and unloading dangerous goods resulting in accidents, the operational certificates 14. For use of vehicles whose total mileage has exceeded 400,000 kilometers, or vehicles that have been in use for 10 years, or vehicles For serious violations of clause (2) or (11) of this article, the license for road transportation of dangerous goods and certificate Article 36 (Instruction to Take Correction Measures Within Prescribed Period) While enforcing administrative penalties as prescribed in Sections 5, 9, 9, and 11 of Article 35, the Municipal Land Transportation Article 37 (Other Administrative Measures) In case unit or individuals who take in business actives of road transportation of dangerous goods (including loading and unloading When the party concerned fails to go to the designated place to accept penalty three months beyond the prescribed time limit, the Article 38 (Handling of Fines and Confiscation) When implementing administrative punishment the administrative departments of communications shall award an “Administrative Punishment
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