Regulations of Anhui Province on the Control of Overloading and Overloading of Freight Transport Vehicles (Announcement No.15 of the Standing Committee of the Provincial People’s Congress)
Announcement of the Standing Committee of Anhui Provincial People’s Congress
(No.15)
Regulations of Anhui Province on the Control of Overloading and Overloading of Goods Transport Vehicles have been adopted at the 10th meeting of the Standing Committee of the 12th People’s Congress of Anhui Province on March 28, 2014, and are hereby promulgated and shall come into force as of June 1, 2014.
Standing Committee of Anhui Provincial People’s Congress
April 1, 2014
Article 1 These Regulations are formulated in accordance with the Highway Law of People’s Republic of China (PRC), the Law of the People’s Republic of China on Road Traffic Safety, the Regulations of the State Council on Highway Safety Protection, and other relevant laws and administrative regulations, in order to control the overloading of goods transport vehicles, protect the safety of people’s lives and property, and ensure the intact and smooth roads.
Article 2 These Regulations shall apply to the control activities of overloading of freight transport vehicles (hereinafter referred to as freight vehicles) within the administrative area of this province.
The term "out-of-gauge transportation" as mentioned in these Regulations refers to the behavior of freight vehicles driving on the highway when their loads exceed the standards of load limit, height limit, width limit and length limit specified by laws, regulations, rules and national standards or traffic signs.
The term "overload transportation" as mentioned in these Regulations refers to the behavior of freight vehicles carrying more than the approved load quality and driving on the highway.
Article 3 The municipal and county-level people’s governments divided into districts shall take overall responsibility for the management of overloading and overloading of freight vehicles within their respective administrative areas.
The people’s governments at or above the county level shall incorporate the overload control of freight vehicles into the annual work target assessment of the government at the corresponding level, establish and improve the coordination mechanism of governance, and incorporate the governance funds into the fiscal budget.
The people’s governments at or above the county level shall organize the construction of an information platform to control the overloading of freight vehicles, improve the monitoring network, and continuously improve the level of scientific and technological governance.
Article 4 The transportation administrative department of the people’s government at or above the county level and the public security organ shall, according to the division of responsibilities, be responsible for the management of overloading and overloading of freight vehicles within their respective administrative areas.
The departments of economy and informatization, industry and commerce administration, quality and technical supervision, safety production, agriculture, water conservancy, land and resources, finance, price and supervision of the people’s governments at or above the county level shall, according to their respective functions and duties, do a good job in the work related to the overload control of freight vehicles.
Article 5 Any unit or individual has the right to report the overloading of freight vehicles and the illegal acts of law enforcement officers.
The administrative department of transportation and the public security organ shall publish the telephone number and e-mail address of the report. The department receiving the report shall, in accordance with its duties, investigate and deal with it in a timely manner, give feedback to the informant and keep it confidential; If the verification is true, the whistleblower shall be rewarded.
Article 6 It is forbidden to produce or sell assembled freight vehicles or to produce or sell freight vehicles modified without authorization.
Where it is necessary to refit a vehicle for transporting non-detachable articles, it shall be refitted by a vehicle manufacturer with corresponding qualifications in accordance with the specified vehicle types and technical parameters, and shall apply to the traffic management department of the public security organ for change registration according to law.
When handling the registration and regular inspection of freight vehicles, the traffic management department of the public security organ shall inspect the assembly and modification of freight vehicles.
Article 7 Operators engaged in road freight transportation and loading (hereinafter referred to as freight source units) shall abide by the following provisions:
(a) clear the responsibilities of the relevant employees of the unit, establish and implement the accountability system;
(two) training for cargo loading, billing, weighing and other practitioners;
(three) the installation of goods weighing equipment and facilities that meet the standards;
(four) to register the driving license, operation license and driver’s qualification certificate of freight vehicles;
(5) Loading according to the approved loading quality and loading requirements of freight vehicles, truthfully weighing, invoicing and issuing loading certificates;
(six) to establish and improve the registration and statistics system of freight vehicle loading.
Eighth freight source units shall not have the following acts:
(a) overloading the goods;
(2) Loading goods for freight vehicles without license plate or vehicle driving license or operation license;
(three) loading goods for freight vehicles driven by personnel who have not provided the qualification certificate;
(4) Providing false loading certificates for overloaded freight vehicles.
Article 9 The transportation administrative department of the people’s government of a city divided into districts and at the county level shall, jointly with relevant departments, supervise and manage the freight source units. In areas where freight source units are relatively concentrated, with the approval of the people’s governments at or above the county level, fixed-point supervision can be implemented at the main entrances and exits of freight source units to prohibit the passage of overloaded freight vehicles.
The township (town) people’s government and sub-district offices where the freight source unit is located shall support and cooperate with the management of freight source.
Article 10 A freight operator shall train the drivers of its freight vehicles in accordance with the law on loading and safety knowledge, and shall not employ the drivers of freight vehicles without professional qualification certificates, nor instruct or force the drivers of freight vehicles to transport goods beyond the limit and overload.
Article 11 The driver of a freight vehicle shall carry the loading certificate with the vehicle during transportation, and the actual loading situation shall be consistent with the contents stated in the loading certificate.
Twelfth freight operators shall not engage in overloading transportation, freight vehicle drivers shall not drive overloaded freight vehicles.
Freight operators who carry non-decomposable items on the highway are transported beyond the limit, and shall obtain the vehicle pass for over-limit transportation according to law. The model of the over-limit transport vehicle and the articles transported shall be consistent with the contents recorded in the pass.
Thirteenth fixed overload detection site construction planning, prepared by the transportation administrative department of the provincial people’s government, submitted to the provincial people’s government for approval. Need to make adjustments to the original site, it shall be approved by the transportation administrative department of the provincial people’s government; If it is really necessary to add a site, it shall be reported to the provincial people’s government for approval.
When building or rebuilding a highway, the approved fixed overload detection site and the highway shall be designed, constructed and delivered at the same time.
Fourteenth fixed overload detection sites shall be equipped with facilities and equipment that meet the requirements of the state, and the supervision telephone number, the identification standard of overload and the detection procedure shall be publicized in a prominent position in the station.
The administrative department of transportation and highway management agencies are responsible for the supervision and management of fixed overload detection sites. The public security organ is responsible for maintaining the traffic and public order of the fixed overload detection site, and sending people’s police to the site according to the needs in areas where the overload transportation phenomenon is serious.
Fifteenth operators of new toll roads should install overload detection devices at the entrance of toll roads. Operators of toll roads that have been built should transform the entrance of toll roads and install overload detection devices.
If a freight vehicle that has been detected to be overloaded fails to provide a pass for an overloaded transport vehicle, the toll road operator shall refuse its passage and report it to the highway management institution in time. Highway management agencies shall promptly send law enforcement officers to the scene and dispose of them according to law.
Sixteenth highway management agencies and traffic management departments of public security organs should rely on fixed overload detection sites or highway inspection stations to carry out overload detection and inspection of freight vehicles; The behavior of overloading vehicles, such as avoiding stops and short-distance lightering, can be investigated by mobile inspection.
Vehicles that have been checked and tested by the flow show that they are overloaded, and should be guided to a fixed overload detection site, a highway inspection station or a place designated by the administrative department of transportation for treatment.
Seventeenth cargo vehicles passing through the fixed overload detection site and the entrance of toll roads shall take the initiative to accept the detection.
If a freight vehicle that has been detected to be overloaded and overloaded transports decomposable items, the highway management agency or the traffic management department of the public security organ shall order the carrier to unload it; If the carrier refuses to unload, it will unload on its behalf, and the unloading fee shall be borne by the carrier. Without approval, the highway management agencies can detain the vehicles and order them to apply for the license of over-limit transportation.
The road transport management institution or the traffic management department of the public security organ shall order the driver or owner of the vehicle to correct the unauthorized modification of the freight vehicle and punish it according to law. The traffic administrative department of the public security organ shall confiscate the assembled freight vehicles and force them to be scrapped.
Eighteenth the flow inspection shows that the overload, freight vehicle drivers shall not refuse to weigh the test.
If the total weight of vehicles and goods exceeds the calibration limit of weighing equipment and cannot be detected by weighing equipment, it can be detected and determined by the method of measuring the quantity.
Nineteenth fixed overload detection sites, highway inspection stations and highway toll stations should be used for regular verification; Without verification or unqualified verification, the test data shall not be used as the basis for unloading or punishment.
Article 20 Where an overloaded freight vehicle needs the assistance of fixed overload detection stations and highway inspection stations to unload or keep the goods, the carrier shall pay the necessary labor services or storage fees.
The carrier shall dispose of the unloaded goods within ten days. If it fails to dispose of the goods within the time limit, it shall be handled in accordance with the relevant provisions of the state and the province.
Twenty-first districts of the city and county people’s government administrative departments of transportation can be in the important sections and nodes of the highway, set up freight vehicles overloading dynamic detection technology monitoring equipment.
For freight vehicles that have been detected by dynamic detection technology monitoring equipment to be overloaded and overloaded, the highway management agency shall order the drivers of freight vehicles to go to the designated place for treatment within the prescribed time limit. If it fails to accept the treatment within the time limit, the highway management institution may hand over the relevant technical monitoring records to the traffic management department of the public security organ, and the traffic management department of the public security organ shall punish and score points for its overload behavior.
Twenty-second people’s governments at or above the county level may organize transportation, public security and other relevant departments to carry out joint law enforcement of road surface treatment.
The administrative department of transportation, the public security organ and other relevant departments shall make use of the information platform to timely register, copy and publicize the illegal acts and penalties of overloading freight vehicles.
The road transport management institution shall incorporate the illegal acts of overloading freight vehicles into the quality credit assessment of freight enterprises and the integrity assessment of drivers, and announce the assessment results to the public.
Article 23 The coordination body of the people’s government at or above the county level shall organize the supervision of the overload control of freight vehicles, and investigate the responsibility of freight vehicles that are seriously overloaded or have serious consequences due to overload.
If the investigation involves the responsibility of the vehicle production or modification enterprise, the freight source unit and the vehicle owner, the relevant supervision and management departments shall punish them in accordance with the provisions of laws and regulations; Involving the responsibility of the staff of the relevant supervision and management departments, the unit or the supervisory organ shall be held accountable in accordance with laws, regulations and the provisions of the provincial people’s government; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-fourth districts of the city and county people’s governments do not perform or do not perform their duties correctly, resulting in serious overloading in the local area, by the people’s government at a higher level in accordance with the relevant provisions of the state and province, the person in charge of accountability.
Article 25 Whoever, in violation of the provisions of the first paragraph of Article 6 of these regulations, produces or sells assembled freight vehicles or produces or sells freight vehicles modified without authorization, the quality and technical supervision and the administrative department for industry and commerce shall confiscate the illegally produced and sold finished goods and accessories of freight vehicles, and may concurrently impose a fine of not less than three times but not more than five times the value of illegal products; If there is a business license, the business license shall be revoked by the administrative department for industry and commerce; Without a business license, it shall be sealed up by the administrative department for industry and commerce. If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-sixth freight source units in violation of the provisions of the first and second items of this Ordinance, the road transport management institution shall order it to make corrections and impose a fine of not less than ten thousand yuan but not more than thirty thousand yuan; If the freight vehicle is overloaded or overloaded due to the loading of the freight station, and the circumstances are serious, the licensing authority shall concurrently revoke its road transport business license.
Where a freight source unit violates the provisions of Item 5 of Article 7, Item 3 and Item 4 of Article 8 of these regulations, fails to issue a loading certificate, or provides a false loading certificate, or loads goods for a freight vehicle driven by a person who has not provided a qualification certificate, the road transport management institution shall order it to make corrections and impose a fine of 1,000 yuan per vehicle.
Twenty-seventh in violation of the provisions of article twelfth of these regulations, driving an overloaded freight vehicle without approval, the highway management organization or the traffic management department of the public security organ shall order it to make corrections, and shall be punished in accordance with the provisions of relevant laws and regulations.
Twenty-eighth in violation of the provisions of the first paragraph of article eighteenth of this Ordinance, refused to weigh the test, a fine of thirty thousand yuan.
Twenty-ninth freight vehicles that have been illegally transported for more than three times within one year shall be revoked by the road transport management institution; The driver of a freight vehicle who has illegally transported more than three times within one year shall have his qualification certificate revoked by the road transport management institution. Freight operators who illegally transport freight vehicles exceeding the limit within one year exceed 10% of the total freight vehicles of their own units shall be ordered by the road transport management institution to suspend business for rectification; If the circumstances are serious, its road transport business license shall be revoked and announced to the public.
In accordance with the provisions of the preceding paragraph, the vehicle operation license, road transport practitioners’ qualification certificate and road transport operation license are revoked, and the relevant freight vehicles, freight vehicle drivers and freight operators reapply, the relevant departments shall not handle it within one year from the date of completion of punishment.
Article 30 Anyone who drives a freight vehicle with a total weight of more than 75 tons or a total weight of more than 100% of the prescribed standard without approval shall be punished by the highway management organization, the road transport management organization and the traffic management department of the public security organ according to their respective functions and duties in accordance with the following provisions:
(1) Impose a fine of 2,000 yuan on the driver of freight vehicles, record six points for his traffic violations, and revoke his qualification certificate;
(two) a fine of thirty thousand yuan shall be imposed on the freight operator, and the vehicle operation license shall be revoked.
Article 31 In accordance with the provisions of Articles 29 and 30 of these Regulations, if the vehicle operation license, road transport practitioners’ qualification certificate and road transport operation license have been revoked for three times, the freight vehicle driver and freight operator shall not engage in road freight transport business for life.
Article 32 Whoever obstructs the staff who control the overload from performing their duties, or forcibly passes through the fixed overload detection site or toll station or intentionally blocks the traffic lane of the fixed overload detection site or toll station, which constitutes a violation of public security administration, 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-third units and personnel of the people’s governments at or above the county level who are responsible for the overload control of freight vehicles are under any of the following circumstances, and the persons in charge and directly responsible shall be punished by their units or supervisory organs according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) to register and issue inspection marks for freight vehicles that do not meet the national technical standards for motor vehicle safety;
(2) Issuing a vehicle operation license to a freight vehicle that has not passed the inspection;
(three) in violation of the provisions of the pass for the over-limit transport vehicles;
(four) in violation of the provisions of the release of overloaded freight vehicles or not to order the parties to take corrective measures such as unloading and repackaging to eliminate the illegal state;
(5) illegally detaining freight vehicles or using freight vehicles detained according to law;
(6) Failing to investigate and deal with cases copied and transferred by relevant departments in time;
(seven) receiving complaints and reports of illegal acts of overloading of freight vehicles, failing to organize verification in time and deal with them according to law;
(eight) soliciting or accepting other people’s property, or seeking other benefits;
(nine) other acts of abuse of power, dereliction of duty, favoritism.
Article 34 These Regulations shall come into force as of June 1, 2014.