Provisions on the Administration of Road Transport of Dangerous Goods

Provisions on the Administration of Road Transport of Dangerous Goods

The Ministry of Transport decides to amend the Provisions on the Administration of Road Transport of Dangerous Goods (Order No. 2 [2013] of the Ministry of Transport) as follows:

It is 1. to amend Item 2 of Item (I) of Article 8 to read: "The technical requirements for special vehicles shall comply with the relevant provisions of the Regulations on the Technical Management of Road Transport Vehicles.". Delete items 3 and 4.

It is 2. to amend Article 10 "shall apply to the municipal road transport management agency with districts and submit the following materials" to "shall apply to the municipal road transport management agency with districts and submit the following materials after going through the relevant registration procedures with the administrative department for industry and commerce according to law".

In item (IV), "vehicle technical grade certificate or vehicle comprehensive performance test technical qualification certificate" is revised to "vehicle technical grade evaluation conclusion".

Article 17 is 3. deleted.

It is 4. to amend the "Regulations on Road Freight Transportation and Station Yard Management" in Articles 22 and 23 to "Regulations on Technical Management of Road Transport Vehicles".

Articles 25 and 62 are 5. deleted.

The serial number of the provisions shall be adjusted accordingly.

This Decision shall come into force as of April 11, 2016.

The Provisions on the Administration of Road Transport of Dangerous Goods shall be amended accordingly and re-promulgated in accordance with this Decision.

Provisions on the Administration of Road Transport of Dangerous Goods

(Issued by the Ministry of Transport on January 23, 2013, and amended in accordance with the Decision of the Ministry of Transport on Amending the Provisions on the Administration of Road Transport of Dangerous Goods on April 11, 2016)

Directory

Chapter I General Provisions

Chapter II License for Road Transport of Dangerous Goods

Chapter III Management of Special Vehicles and Equipment

Chapter IV Road Transport of Dangerous Goods

Chapter V Supervision and Inspection

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 In order to regulate the market order of road transport of dangerous goods, ensure the safety of people's lives and property, protect the environment, and safeguard the legitimate rights and interests of all parties involved in road transport of dangerous goods, these Provisions are formulated in accordance with the Regulations on Road Transport of the People's Republic of China and the Regulations on the Safety Management of Dangerous Chemicals and other relevant laws and administrative regulations.

Article 2 Those engaged in road transport of dangerous goods shall abide by these Provisions. Except for the transport of military dangerous goods.

Where laws and administrative regulations have other provisions on the road transport of civil explosives, fireworks, radioactive materials and other specific types of dangerous goods, such provisions shall prevail.

Article 3 The term "dangerous goods" as mentioned in these Provisions refers to substances and articles that have explosive, flammable, toxic, infectious, corrosive and other dangerous characteristics, and are likely to cause personal injury or death, property damage or environmental pollution in production, operation, transportation, storage, use and disposal, and need special protection. Dangerous goods shall be listed in the national standard "List of Dangerous Goods" (GB12268), and those not listed in the "List of Dangerous Goods" shall be subject to the provisions of relevant laws and administrative regulations or the results announced by the relevant departments of the State Council.

The term "road transport of dangerous goods" as mentioned in these Provisions refers to the whole process of the use of trucks to transport dangerous goods by road.

The road transport vehicles for dangerous goods mentioned in these Provisions refer to trucks (hereinafter referred to as special vehicles) that meet the specific technical conditions and requirements and engage in the road transport of dangerous goods.

Article 4 The classification, sub-item, name and number of dangerous goods shall be carried out in accordance with the national standard Classification and Number of Dangerous Goods (GB6944) and the List of Dangerous Goods (GB12268). The degree of danger of dangerous goods is divided into I, II and III grades according to the national standard "General Technical Conditions for Transport and Packaging of Dangerous Goods" (GB12463).

Article 5 The road transport of dangerous goods shall ensure safety, transport according to 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 of dangerous goods enterprises to implement intensive and specialized operations, and encourages the use of vans, tanks and special vehicles such as containers to transport dangerous goods.

Article 7 The Ministry of Transport shall be in charge of the administration of the national road transport of dangerous goods.

The competent transportation departments of the local people's governments at or above the county level shall be responsible for organizing and leading the administration of road transport of dangerous goods within their respective administrative regions.

The road transport management agency at or above the county level shall be responsible for the specific implementation of road transport management of dangerous goods.

Chapter II License for Road Transport of Dangerous Goods

Article 8 To apply for engaging in the road transport of dangerous goods, the following conditions shall be met:

Special vehicles and equipment meeting the following requirements are (I):

1. More than 5 self-owned special vehicles (except trailers); More than 10 self-owned special vehicles (except trailers) for transporting highly toxic chemicals and explosives.

2. The technical requirements of special vehicles shall comply with the relevant provisions of the Provisions on the Technical Management of Road Transport Vehicles.

3. Equipped with effective communication tools.

Special vehicles should be equipped with a satellite positioning device with driving record function.

5. The transport of highly toxic chemicals, explosives, explosive dangerous chemicals, should be equipped with tank, van-type special vehicles or pressure vessels and other special containers.

6. The tank body of the tank-type special vehicle shall pass the inspection by the quality inspection department, and the total mass of the tank body after loading shall match the approved mass of the special vehicle. The tank volume of tank-type special vehicles for transporting explosives and strong corrosive dangerous goods shall not exceed 20 cubic meters, and the tank volume of tank-type special vehicles for transporting highly toxic chemicals shall not exceed 10 cubic meters, except for tank containers that meet the relevant national standards.

7. Non-tank special vehicles for transporting highly toxic chemicals, explosives, and strong corrosive dangerous goods shall have an approved load capacity of no more than 10 tons, except for special vehicles for container transportation that meet relevant national standards.

8. Equipped with safety protection, environmental protection and fire fighting facilities and equipment suitable for the nature of the dangerous goods transported.

(II) have parking lots that meet the following requirements:

1. For parking lots that are owned or leased for a period of more than 3 years and are compatible with the business scope and scale, the parking lot shall be located within the municipal administrative area of the place where the enterprise is registered.

2. For the transportation of highly toxic chemicals, explosives special vehicles and tank-type special vehicles, the number is less than 20 (inclusive), the parking area is not less than 1.5 times the orthographic area of the vehicle, and the number is more than 20 vehicles, For the excess part, the parking area of each vehicle is not less than the orthographic area of the vehicle; for the transportation of other dangerous goods, the number of special vehicles is less than 10 (inclusive), the area of the parking lot shall not be less than 1.5 times of the orthographic area of the vehicle; if the number of vehicles is more than 10, the parking area of each vehicle shall not be less than the orthographic area of the vehicle.

3. The parking lot shall be closed and obvious signs shall be set up, and shall not hinder the lives of residents and threaten public safety.

(III) have employees and safety management personnel who meet the following requirements:

1. The driver of the special vehicle has obtained the corresponding motor vehicle driving license and is not more than 60 years old.

2. Drivers, loading and unloading management personnel and escorts engaged in road transportation of dangerous goods shall pass the examination of the transportation department of the municipal people's government divided into districts and obtain the corresponding qualification certificate; drivers, loading and unloading management personnel and escorts engaged in road transportation of highly toxic chemicals and explosives shall pass the examination and obtain the qualification certificate marked as "transportation of highly toxic chemicals" or "transportation of explosives.

3. Enterprises should be equipped with full-time safety management personnel.

(IV) has a sound safety production management system:

1. The main person in charge of the enterprise, the person in charge of the safety management department, and the full-time safety management personnel safety production responsibility system.

2. Safety production responsibility system for employees.

3. Safety production supervision and inspection system.

4. Safety production education and training system.

5. Safety management system for employees, special vehicles, equipment and parking lots.

6. Emergency rescue plan system.

7. Safety production operation regulations.

8. Safety production assessment and reward and punishment system.

9. Safety accident report, statistics and handling system.

Article 9 Enterprises and institutions that meet the following conditions may use their own special vehicles to engage in the non-commercial road transport of dangerous goods serving their units:

The (I) belongs to one of the following enterprises and institutions:

1. Enterprises that produce, use and store hazardous chemicals approved by the production safety supervision and administration departments at or above the provincial level.

2. Enterprises and institutions with special needs such as scientific research and military industry.

(II) the conditions stipulated in Article 8 are met, the number of self-owned special vehicles (except trailers) can be less than 5.

Article 10 An enterprise applying for engaging in the road transport of dangerous goods shall, after going through the relevant registration formalities with the administrative department for industry and commerce in accordance with the law, apply to the road transport administrative agency at the city level divided into districts where it is located, and submit the following materials:

(I) the Application Form for Road Transport of Dangerous Goods, including the basic information of the applicant and the scope of the dangerous goods to be transported (category, item or name; if it is a highly toxic chemical, it should be marked with "highly toxic").

The identity certificate and its copy of the investor or person in charge of the (II) who intends to serve as the legal representative of the enterprise, the identity certificate of the handling person and its copy and the written power of attorney.

(III) the text of the articles of association of the enterprise.

Materials (IV) certifying the conditions of special vehicles and equipment, including:

1. If special vehicles and equipment have not been purchased, a letter of commitment to be put into special vehicles and equipment shall be submitted. The contents of the undertaking shall include the number, type, technical grade, total mass, approved load mass, number of axles and external dimensions of vehicles; Equipment of communication tools and satellite positioning devices; Tank volume of tank-type special vehicles; The matching of the total mass of tank-type special vehicles with the approved load mass of vehicles; Relevant information on the approved load mass of special vehicles transporting highly toxic chemicals, explosives and explosive-prone hazardous chemicals. The commitment period shall not exceed 1 year.

2. If special vehicles and equipment have been purchased, the vehicle driving license and vehicle technical grade evaluation conclusion shall be provided; communication tools and satellite positioning devices shall be equipped; the tank body inspection certificate or inspection report and copy of the tank-type special vehicle shall be provided.

If the (V) intends to employ full-time safety management personnel, drivers, loading and unloading management personnel and escort personnel, it shall submit a letter of commitment for the proposed employment, and the commitment period shall not exceed one year; if it has been employed, it shall submit the employment qualification certificate and its copy, as well as the driver's license and its copy.

(VI) the land use certificate, lease contract, site plan and other materials of the parking lot.

(VII) the list of relevant safety protection, environmental protection and fire fighting facilities and equipment.

(VIII) the relevant safety production management system text.

Article 11 when applying for the transportation of dangerous goods by non-commercial roads, when applying to the road transport administrative agency at the municipal level where it is located, in addition to the materials specified in items (IV) to (VIII) of Article 10, the following materials shall also be submitted:

The Application Form for Road Transport of Dangerous Goods shall be (I), including the basic information of the applicant and the scope of the articles to be transported (category, item or name; if it is a highly toxic chemical, it shall be marked with "highly toxic").

(II) basic information of the unit in one of the following forms:

1. Proof of production and use 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 scientific research, military and other enterprises and institutions.

Materials (III) instructions for special transportation needs.

Proof of the identity of the (IV) manager, a copy thereof, and a written power of attorney.

Article 12 The road transport administrative agency at the city level divided into districts shall implement the administrative license for road transport of dangerous goods in accordance with the Regulations on the People's Republic of China Road Transport and the Provisions on the Procedures for the Implementation of Traffic Administrative Licenses, as well as the procedures and time limits specified in these regulations, and conduct on-site verification.

If the decision is to grant the license, it shall issue a "Decision on Administrative License for Road Transport of Dangerous Goods" to the licensee, indicating the licensing matters, and the specific content shall include the scope of transport of dangerous goods (category, item or product name, if it is highly toxic chemicals, it shall be marked with "highly toxic"), the number, requirements and transport nature of special vehicles, and issue a "Road Transport Business License" to the road dangerous goods transport business applicant within 10 days. Issuance of Road Dangerous Goods Transport Permit to non-commercial road transport of dangerous goods applicants.

The municipal road transport management agency shall promptly inform the county-level road transport management agency in writing of the licensing matters of the enterprises or units that grant the license.

If a decision is made not to grant a license, a Letter of Decision on Not to Grant a Traffic Administrative License shall be issued to the applicant.

Article 13 If the licensee has obtained other road transport business licenses, the road transport administrative agency at the municipal level divided into districts shall renew the Road Transport Business License for the licensee and add the newly licensed items to the business scope. If the original "road transport business license" is issued by the provincial road transport management agency, the original licensing authority shall renew it in accordance with the above requirements.

Article 14 The licensee shall implement the special vehicles and equipment to be invested in accordance with the commitment period.

The original licensing authority shall verify the special vehicles and equipment implemented by the licensee, issue the Road Transport Certificate to the special vehicles that meet the licensing conditions, and indicate the category, item or name of dangerous goods allowed to be transported in the business scope column of the Road Transport Certificate. If it is a highly toxic chemical, it shall be marked as "highly toxic"; for vehicles engaged in the transportation of dangerous goods on non-commercial roads, it should also be stamped with a "special seal for the transport of non-commercial dangerous goods".

If the licensee fails to implement the special vehicles and equipment within the commitment period, the original licensing authority shall revoke the licensing decision and withdraw the licensing documents that have been issued.

Article 15 The licensee shall, in accordance with the commitment period, implement the full-time safety management personnel, drivers, loading and unloading management personnel and escorts to be employed.

If the licensee fails to employ full-time safety management personnel, drivers, loading and unloading management personnel and escort personnel within the commitment period, the original licensing authority shall revoke the licensing decision and withdraw the licensing documents that have been issued.

16th road transport management agencies shall not permit a one-time, temporary road transport of dangerous goods.

Article 17 Where a Chinese-foreign joint venture, a Chinese-foreign cooperative venture or a wholly foreign-owned enterprise invests in the road transport of dangerous goods, the provisions on the administration of foreign investment in the road transport industry shall be observed at the same time.

Article 18 Where a road transport enterprise establishes a subsidiary company to engage in road transport of dangerous goods, it shall apply for a transport license to the municipal road transport administrative agency where the subsidiary company is registered. Where a branch is established, it shall be filed with the road transport administrative agency at the city level where the branch is registered.

19th road transport of dangerous goods enterprises or units need to change the licensing matters, shall apply to the original licensing authorities, in accordance with the provisions of this chapter on licensing.

Road transport of dangerous goods enterprises or units to change the legal representative, name, address and other industrial and commercial registration items, should be within 30 days to the original licensing authority for the record.

Article 20 If a road transport enterprise or unit terminates the transport of dangerous goods, it shall notify the original licensing authority 30 days before the date of termination, and return the Road Transport Business Permit or Road Dangerous Goods Transport Permit and Road Transport Permit to the original licensing authority within 10 days after the suspension of business.

Chapter III Management of Special Vehicles and Equipment

21st road transport of dangerous goods enterprises or units should be in accordance with the provisions of the road transport vehicle technology management provisions on vehicle management, maintenance, testing, use and management of special vehicles, to ensure that the technical condition of special vehicles in good condition.

Article 22 The road transport management agency at the city level divided into districts shall regularly verify the special vehicles, once a year. The inspection shall be carried out in accordance with the Regulations on Technical Management of Road Transport Vehicles, and the following inspection items shall be added:

The carrier's liability insurance for dangerous goods for (I) special vehicles;

(II) the necessary emergency treatment equipment, safety protection facilities and equipment and special vehicle signs;

(III) the equipment of satellite positioning device with driving record function.

Article 23 It is forbidden to use scrapped, modified without authorization, unqualified in testing, vehicles that do not reach the first level of technical grade and other vehicles that do not meet the requirements of the state to engage in road transportation of dangerous goods.

Except for articulated trains and special vehicles for the transportation of large objects with special devices, it is strictly forbidden to use freight trains for the transportation of dangerous goods; dumping vehicles can only transport bulk sulfur, naphthalene cake, crude anthracene, coal tar pitch and other dangerous goods.

Prohibit the use of mobile tanks (except tank containers) for the transport of dangerous goods.

Article 24 The technical conditions of machinery and tools used for loading and unloading dangerous goods shall meet the technical requirements stipulated in the industrial standard "Regulations on the Transport of Dangerous Goods by Motor Vehicles" (JT617).

Article 25 The normal pressure tank of a tank-type special vehicle shall meet the relevant technical requirements of the national standard "Road Transport Liquid Dangerous Goods Tank Vehicle Part 1: Technical Requirements for Metal Normal Pressure Tank" (GB18564.1), "Road Transport Liquid Dangerous Goods Tank Vehicle Part 2: Technical Requirements for Non-metallic Normal Pressure Tank" (GB18564.2), etc.

The use of pressure vessels for the transport of dangerous goods shall comply with the relevant technical requirements of the "Mobile Pressure Vessel Safety Technical Supervision Regulations" (TSG R0005) formulated and promulgated by the national special equipment safety supervision and management department.

Pressure vessels and tank-type special vehicles shall carry dangerous goods within the validity period of the pressure vessel or tank body inspection issued by the quality inspection department.

Twenty-sixth road transport of dangerous goods enterprises or units of the repeated use of dangerous goods packaging, containers, should be inspected before reuse; found that there is a potential safety hazard, should be repaired or replaced.

The road transport enterprise or unit of dangerous goods shall make records of the inspection, and the retention period of the records shall not be less than 2 years.

27th road transport of dangerous goods enterprises or units shall have the ability to deal with pollutants on the atmospheric tank cleaning (replacement) operations, will be concentrated collection of waste gas, sewage and other pollutants, to eliminate pollution, shall not discharge, pollution environment.

Chapter IV Road Transport of Dangerous Goods

28th road transport of dangerous goods enterprises or units shall be in strict accordance with the decision of the road transport management agencies to engage in road transport of dangerous goods activities, shall not transfer, lease road transport of dangerous goods license.

It is strictly prohibited for non-commercial road dangerous goods transport units to engage in road dangerous goods transport business activities.

Article 29 The shipper of dangerous goods shall entrust an enterprise with the qualification of road transport of dangerous goods to carry the goods.

The shipper of dangerous goods shall record the type, quantity and carrier of the consigned dangerous goods and other relevant information, and the record shall be kept for no less than one year.

Article 30 The shipper of dangerous goods shall, in strict accordance with the relevant provisions of the State, properly pack and set up signs on the outer packaging, and explain to the carrier the name, quantity, hazards and emergency measures of the dangerous goods. If an inhibitor or stabilizer needs to be added, the shipper shall add it in accordance with the regulations and inform the carrier of the relevant precautions.

If the shipper of dangerous goods consigns dangerous chemicals, it shall also submit the safety technical instructions and safety labels that are completely consistent with the consignment of dangerous chemicals.

Article 31 No tank-type special vehicles or special vehicles for transporting toxic, infectious, or corrosive dangerous goods shall be used to transport ordinary goods.

Other special-purpose vehicles may be engaged in the transportation of ordinary goods other than food, daily necessities, medicines, and medical appliances, but the transportation enterprise shall eliminate hazards on the special-purpose vehicles to ensure that they do not cause pollution or damage to ordinary goods.

Dangerous goods shall not be mixed with ordinary goods for transport.

32nd special vehicles should be in accordance with the national standard "road transport dangerous goods vehicle mark" (GB13392) requirements hanging signs.

Article 33 Enterprises or units transporting highly toxic chemicals and explosives shall be equipped with special parking areas and set up obvious warning signs.

Article 34 Special-purpose vehicles shall be equipped with emergency treatment equipment and safety protection equipment that meet the relevant national standards and are compatible with the dangerous goods carried.

35th road transport of dangerous goods enterprises or units shall not transport laws, administrative regulations prohibit the transport of goods.

For the limited transportation and voucher transportation of goods stipulated by 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 require that the shipper must go through the relevant procedures before the transport of dangerous goods, road dangerous goods transport enterprises should check the relevant procedures are complete and effective before the carriage.

36th road transport of dangerous goods enterprises or units should take the necessary measures to prevent dangerous goods fall off, scattered, lost and burning, explosion, leakage, etc.

Article 37 Drivers shall carry the Road Transport Certificate with them. The driver or escort shall carry the Road Transport Dangerous Goods Safety Card with the vehicle in accordance with the requirements of the Regulations on the Transport of Dangerous Goods by Motor Vehicles (JT617).

38th in the process of road transport of dangerous goods, in addition to the driver, should also be equipped with special vehicles escorts, to ensure that dangerous goods under the supervision of escorts.

39th road transport of dangerous goods, drivers may not stop at will.

If it is necessary to stop for a long time due to accommodation or circumstances affecting normal transportation, drivers and escorts shall set up warning belts and take corresponding safety precautions.

If the transportation of highly toxic chemicals or explosive dangerous chemicals requires a long time to stop, the driver or escort shall report to the local public security organ.

Article 40 The loading and unloading of dangerous goods shall comply with the safety operation standards, procedures and systems, and shall be carried out under the on-site command or supervision of the loading and unloading management personnel.

The shipper and the carrier for the transport of dangerous goods shall assign loading and unloading management personnel in accordance with the contract; if the contract is not agreed upon, the party responsible for loading and unloading operations shall assign loading and unloading management personnel.

Article 41 Drivers, loading and unloading management personnel and escorts shall carry their professional qualification certificates with them when they take up their posts.

Article 42 It is strictly prohibited for special-purpose vehicles to be overloaded or transported beyond the limit in violation of the relevant provisions of the State.

When a road dangerous goods transport enterprise or unit uses a tank-type special vehicle to transport goods, the total mass of the tank after loading shall match the approved mass of the special vehicle; when a tractor is used to transport goods, the total mass of the trailer after loading shall match the total mass of the tractor.

Article 43 road transport enterprises or units of dangerous goods shall require drivers and escorts to strictly abide by the relevant provisions of the relevant departments on the transportation routes, time and speed of dangerous goods, and abide by the relevant provisions of the relevant departments on the road transport vehicles of highly toxic and explosive dangerous goods passing through expressways on major holidays.

44th road transport of dangerous goods enterprises or units should be through the satellite positioning monitoring platform or monitoring terminal in a timely manner to correct and deal with speeding, fatigue driving, not in accordance with the provisions of the line and other illegal driving behavior.

The monitoring data shall be kept for at least 3 months, and the information and handling of illegal driving shall be kept for at least 3 years.

Article 45 The road transport of dangerous goods practitioners must be familiar with the relevant safety production regulations, technical standards and safety production rules and regulations, safety operation procedures, understand the nature of the shipment of dangerous goods, hazardous characteristics, packaging or container use requirements and the disposal measures in the event of an accident, and strict implementation of the "motor transport of dangerous goods rules" (JT617), "motor transport, loading and unloading of dangerous goods operations" (JT618) and other standards, shall not be illegal operations.

46th road transport of dangerous goods enterprises or units should be through pre-job training, regular meetings, regular learning and other means, for employees of regular production safety, professional ethics, business knowledge and operating procedures of education and training.

Article 47 Road transport of dangerous goods enterprises or units shall strengthen the management of production safety, formulate emergency plans, equipped with emergency rescue personnel and necessary emergency rescue equipment and equipment, and regularly organize emergency rescue drills, strictly implement the safety system.

48th road transport of dangerous goods enterprises or units should be entrusted with qualified institutions, the safety management of the enterprise or unit at least once every three years safety assessment, safety assessment report issued.

Article 49 in the course of the transport of dangerous goods, such as combustion, explosion, pollution, poisoning or theft, loss, dispersion, leakage and other accidents, drivers and escorts shall immediately take emergency measures in accordance with the requirements of the emergency plan and the road transport dangerous goods safety card, and report to the public security department, the competent department of transportation and the transport enterprise or unit where the accident occurred. After receiving the accident report, the transportation enterprise or unit shall organize rescue in accordance with the emergency plan for dangerous goods of the unit, and report to the safety production supervision and management department and the environmental protection and health department of the place where the accident occurred.

The road transport of dangerous goods management agency shall publish the accident report telephone number.

Article 50 In the process of loading and unloading dangerous goods, according to the nature of dangerous goods, light loading and unloading shall be carried out, stacked neatly, to prevent mixing, leakage and damage, and shall not be mixed with ordinary goods.

Article 51 An enterprise or unit carrying dangerous goods by road shall insure the carrier's liability insurance for the dangerous goods it carries.

Article 52 if a road transport enterprise of dangerous goods operates in different places (the starting and ending points of the transport route are not in the city where the enterprise is registered) for a total of more than 3 months, it shall file with the municipal road transport administrative agency divided into districts in the place of business and accept its supervision.

Chapter V Supervision and Inspection

53rd road transport of dangerous goods supervision and inspection in accordance with the "road transport of goods and station management regulations.

The staff of the road transport management agency shall regularly or irregularly conduct on-site inspections of road dangerous goods transport enterprises or units.

Article 54 When the staff of the road transport management agency supervises and inspects the personnel who have obtained the professional qualifications in different places, they may apply to the original license-issuing authority for providing corresponding professional qualification files, and the original license-issuing authority shall cooperate.

Article 55 In the process of implementing supervision and inspection, the road transport management agency may, with the approval of the main person in charge of the department, be on the special vehicles for the transportation of dangerous goods that do not carry the Road Transport Certificate with the vehicle and cannot provide other valid certification documents on the spot Seized.

Article 56 Any unit or individual has the right to report any violation of these regulations to the road transport of dangerous goods management agency.

The road dangerous goods transport management agency shall publish the report telephone number and deal with it in time according to law after receiving the report; if it does not belong to the responsibility of the department, it shall be transferred to the relevant department for handling in time.

Chapter VI Legal Liability

Article 57 Anyone who violates these regulations and has one of the following circumstances shall be ordered by the road transport management agency at or above the county level to stop transportation operations. If there is illegal income, the illegal income shall be confiscated and a fine of 2 to 10 times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 20000 yuan, a fine of 30000 yuan up to 100000 yuan shall be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law:

(I) engaged in the transportation of dangerous goods by road without obtaining a permit for the transportation of dangerous goods by road;

(II) the use of invalid, forged, altered, canceled and other invalid road transport of dangerous goods license to engage in road transport of dangerous goods;

(III) transports dangerous goods by road beyond the permitted matters;

(IV) non-commercial road transport of dangerous goods units engaged in road transport of dangerous goods business.

Article 58 in violation of these provisions, road dangerous goods transport enterprises or units illegally transfer or lease road dangerous goods transport licenses, the road transport administrative agencies at or above the county level shall order them to stop the illegal acts, confiscate the relevant certificates, and impose a fine of not less than 2000 yuan but not more than 10000 yuan; if there are any illegal gains, the illegal gains shall be confiscated.

Article 59 If a road transport enterprise or unit commits one of the following acts in violation of these provisions, the road transport administrative agency at or above the county level shall order it to take out insurance within a time limit; if it refuses to take out insurance, the original licensing authority shall revoke the road transport business license or the road transport license of dangerous goods, or revoke the corresponding business scope:

(I) uninsured carrier of dangerous goods liability insurance;

The carrier's liability insurance for dangerous goods insured by the (II) has expired and is not continued to be insured.

Article 60 In violation of these regulations, road dangerous goods transport enterprises or units that do not carry the Road Transport Certificate with them in accordance with the regulations shall be ordered by the road transport management agency at or above the county level to make corrections and be given a warning or a fine of not less than 20 yuan but not more than 200 yuan.

Article 61: In violation of these regulations, road dangerous goods transportation enterprises or units and shippers have one of the following circumstances, the road transportation management agency at or above the county level shall order corrections and impose a fine of 50000 yuan up to 100000 yuan, and refuse to correct Those who are ordered to suspend production and business for rectification; if a crime is constituted, criminal responsibility shall be investigated according to law:

(I) drivers, loading and unloading management personnel and escorts have not obtained the qualification to work;

(II) the shipper does not explain to the carrier the type, quantity, dangerous characteristics of the consignment of dangerous chemicals and emergency measures for dangerous situations, or fails to properly pack the consignment of dangerous chemicals in accordance with the relevant provisions of the state and put corresponding marks on the outer packaging;

The (III) fails to take corresponding safety protection measures according to the hazardous characteristics of hazardous chemicals, or is not equipped with necessary protective articles and emergency rescue equipment;

(IV) the transport of dangerous chemicals requires the addition of inhibitors or stabilizers, the shipper does not add or does not inform the carrier of the relevant information.

Article 62 In violation of these regulations, road dangerous goods transportation enterprises or units are not equipped with full-time safety management personnel, the road transportation management agency at or above the county level shall order corrections and may impose a fine of less than 10000 yuan; if they refuse to make corrections, the dangerous Chemical transportation enterprises or units shall be fined between 10000 yuan and 50000 yuan, enterprises or units that transport dangerous goods other than dangerous chemicals shall be fined between 10000 yuan and 20000 yuan.

Article 63: In violation of these regulations, a shipper of road hazardous chemical transportation who commits one of the following acts shall be ordered by the road transport management agency at or above the county level to make corrections and impose a fine of 100000 yuan up to 200000 yuan. If there is any illegal income, the illegal income shall be confiscated. Those who refuse to make corrections shall be ordered to suspend production and business for rectification; if a crime is constituted, criminal responsibility shall be investigated according to law:

The (I) entrusts an enterprise that has not obtained the road transport license for dangerous goods according to law to carry dangerous chemicals;

(II) carrying dangerous chemicals in the consignment of ordinary goods, or falsely reporting or concealing dangerous chemicals as ordinary goods for consignment.

Article 64 In violation of these regulations, road dangerous goods transport enterprises refit special vehicles and tank-type special vehicles that have obtained the Road Transport Certificate without authorization, the road transport management agency at or above the county level shall order corrections and impose a penalty of 5000 yuan. A fine of not less than 20000 yuan.

Chapter VII Supplementary Provisions

Article 65 If these provisions do not provide for the operation of road transport of dangerous goods, they shall be implemented in accordance with the provisions on the Administration of Road Transport of goods and stations; if there are no provisions on the transport of non-commercial road dangerous goods, refer to the provisions on the Administration of Road Transport of goods and stations.

Article 66 The specific charging standards for the cost of the road transport license and the "Road Transport Certificate" shall be approved by the financial and price authorities of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in conjunction with the transportation authorities at the same level.

Article 67 The Ministry of Transport may, in accordance with the application of the relevant trade associations and after organizing expert argumentation, uniformly announce the dangerous goods that can be managed by road transport in accordance with ordinary goods.

Article 68 These Provisions shall come into force as of July 1, 2013. The "Regulations on the Administration of Road Transport of Dangerous Goods" issued by the Ministry of Communications in 2005 (Order No. 9 of 2005 of the Ministry of Communications) and the "Decision on Amending the" Regulations on the Administration of Road Transport of Dangerous Goods "issued by the Ministry of Transport in 2010 (Order No. 5 of 2010 of the Ministry of Communications) shall be repealed simultaneously.