Shandong Province
Shandong Province's Regulations on the Control of Overloading and Overloading of Goods Transport Vehicles came into force on January 1, 2023. The regulations also issued more detailed requirements and punishment plans for production and distribution ends.
For the production end, it is stipulated that no unit or individual shall produce or sell goods transport vehicles that do not meet the national safety technical standards for motor vehicles, and shall not falsely calibrate the vehicle technical data; It is forbidden to assemble or illegally refit goods transport vehicles; The competent transportation department of the people's government at or above the county level and the public security organ shall deal with the problem of assembling or illegally refitting the goods transport vehicles in the process of traffic supervision according to law; Those involving production, sales, testing, scrap recovery and other links shall be reported to the industry and information, market supervision and management, commerce and other departments at the same level for treatment according to law.
For the distribution end, the source unit of cargo loading and distribution shall be included in the scope of safety production supervision. The source unit of cargo loading and stowage shall comply with the following provisions: for example, clarify the responsibilities of relevant employees of the unit, establish and implement the accountability system; Establish a cargo loading and stowage system and publicize the legal loading and stowage standards; Install weighing equipment and monitoring equipment that meet the standards and keep them in normal operation; Truthfully count and test the cargo transport vehicles leaving the loading and stowage place, and issue the loading and stowage certificate; Establish a cargo loading and stowage account, truthfully register the cargo loading and stowage information such as the certificate, driver and cargo name, weight and size of the cargo transport vehicle, and keep it for at least six months.
In case of any violation of the above provisions, the department responsible for the supervision and administration of production safety of the source unit of cargo loading and stowage under the people's government at or above the county level shall order it to make corrections and impose a fine of not less than 1000 yuan but not more than 5000 yuan. (The source units of cargo loading and stowage mentioned in the Regulation refer to the production and operation units such as road cargo transport stations (yards), ports and wharves, industrial and mining enterprises, and the loading places of coal, ore, steel, cement, concrete, gravel, earthwork, major equipment, etc.)
In addition, the source unit of cargo loading and stowage shall not commit the following acts, such as loading and stowage of cargo for cargo transport vehicles without license plates or legal and valid certificates; Load and stow goods beyond the standard; It is allowed to drive away the illegal and overloaded cargo transport vehicles. In case of violation of the above provisions, the department responsible for the supervision and administration of production safety of the source unit of goods loading and stowage under the people's government at or above the county level shall order it to make corrections and impose a fine of not less than 3000 yuan but not more than 30000 yuan.
Jilin Province
Two amendments are made to the Regulations of Jilin Province on Highway Administration:
1. The original Article 19: "If the vehicles or goods stranded on the expressway affect the safety and smoothness of the expressway, the expressway administrative agency may transfer the goods at the owner's expense."
"If the vehicles or goods stranded on the expressway affect the safety and smoothness of the expressway, the actual manager of the vehicles or goods shall transfer them. If the actual manager cannot transfer them in time, the expressway operation and management unit shall take effective measures to ensure the traffic safety of the expressway."
2. The original article 42: "In case of violation of the provisions of the second paragraph of Article 16 of these Regulations, and the loading vehicle refuses to pass the test by force, the highway administrative agency may detain the vehicle." is amended as follows:
2. The original article 42: "In case of violation of the provisions of the second paragraph of Article 16 of these Regulations, and the loading vehicle refuses to pass the test by force, the highway administrative agency may detain the vehicle." is amended as follows:
"In case of violation of the provisions of the second paragraph of Article 16 of these Regulations, the transportation department of the provincial people's government may detain the vehicle if it refuses to accept the test and passes by force."
Three amendments are made to the Regulations of Jilin Province on Road Transport:
1. The original Article 22: "Encourage the use of multi-axle large-tonnage vehicles and van-type transport vehicles for road freight transportation, and encourage the development of convenient and efficient freight transportation modes such as freight leasing and freight distribution" is revised to:
"We will encourage the use of standardized, modular, lightweight van semi-trailers and container transport vehicles for road cargo transportation, and encourage the development of multimodal transport, network freight, urban green distribution and other transport organization modes."
2. The original Article 51: "If the road transport operator fails to maintain and test the transport vehicles in accordance with the provisions in violation of these Regulations, resulting in incomplete safety facilities of the operating vehicles or failing to meet the prescribed safety standards, the road transport administrative authority at or above the county level shall order it to make corrections within a time limit and impose a fine of not less than 1000 yuan but not more than 5000 yuan" is revised to read:
"In violation of these regulations, road transport operators who fail to maintain and test transport vehicles as required shall be ordered by the competent department of transportation to make corrections within a time limit and be fined not less than 1000 yuan but not more than 5000 yuan."
Jilin Provincial Highway Regulations made a revision:
1. The original Article 68: "For vehicles that drive beyond the limit without permission, the highway management agency shall order their carriers to unload the over-limit goods by themselves; if they refuse to unload, they shall not leave and may be forced to unload" is revised to:
"In violation of these regulations, road transport operators who fail to maintain and test transport vehicles as required shall be ordered by the competent department of transportation to make corrections within a time limit and be fined not less than 1000 yuan but not more than 5000 yuan."
Shanxi Province
The Measures of Shanxi Province to Control the Overload at the Source of Road Freight Transport will be implemented on March 1, 2023. The measures stipulate that the people's government at the county level should publicize the source unit of road freight transport registered according to law in its administrative area (hereinafter referred to as the "source unit") to the public and regularly update it. If the source unit violates the relevant regulations of the Measures, it will be fined with different amounts, up to 50000 yuan.
Article 20 of the Measures points out: "The source unit referred to in the Measures refers to the operators and managers of coal, steel, cement, gravel, commodity vehicles and other goods distribution centers and freight stations and other places."
Article 9 of the Measures states that the source unit shall perform the following duties, such as establishing and improving the work system and clarifying the work responsibilities; Conduct training and assessment for the responsible person and relevant personnel; Improve the system of vehicle loading and stowage registration and cargo loading list filing; Loading, weighing, invoicing, registration, and issuance of cargo loading list according to regulations; Configure weighing facilities and information monitoring facilities that meet national standards; Real-time transmission of cargo loading list, monitoring video and other data to the source overload control information management platform; Timely handle the hidden danger of overload control at the source, and report to the transportation department of the people's government at the county level. (The cargo loading list specified in the preceding paragraph shall record the basic information such as the name of the source unit, the number of the vehicle number plate, the total weight of the vehicle and cargo, the type of goods, and the time of departure.)
Article 10 of the Measures states that the source unit shall not have any of the following acts, such as excessive loading and stowage of vehicles; Load and stow vehicles without license or license, incomplete license or illegal modification; Provide false loading and stowage certificates for overloaded vehicles; Tampering, concealing and destroying the data and information of overload control at the source; Reject and hinder the supervision and inspection of source overload control.
Article 13 of the Measures states: "The driver of the freight vehicle shall refuse to carry the cargo loading list with the vehicle and cooperate in the inspection of the illegal overloaded transportation." If the driver of the freight vehicle violates the provisions of Article 13 in the overloaded transportation and fails to carry or cooperate in the inspection of the cargo loading list, the transportation department of the people's government at or above the county level shall impose a fine of not less than 500 yuan but not more than 1000 yuan.
Jiangsu Province
On December 28, 2022, the Measures of Jiangsu Province for the Control of Highway Overload and Overload Transport was deliberated and adopted at the executive meeting of the provincial government, and issued by the Provincial Government Order No. 160, which will be implemented as of January 1, 2023. It is understood that the scope of application of this measure has been adjusted from "control of highway overload transportation" to "control of highway overload transportation", and the "source management" of overload transportation has also been included in the scope of control.
The method also specifies that the government should strengthen the leadership of the overload control work, and form a government-led highway overload control responsibility closed-loop; Define the obligations of the vehicle manufacturer, further define the scope and standards of the source unit of cargo loading, refine the obligations of the source unit of cargo loading, and clarify the regulatory requirements of the loading link; Improve the road traffic management, clarify the relevant requirements of road transportation, refine the requirements of large transport traffic, solidify the joint law enforcement mechanism of pavement, and implement the regular inspection requirements of bridges and culverts.
Inner Mongolia Autonomous Region
The Measures of the Inner Mongolia Autonomous Region to Control the Overload of Freight Transport Vehicles will be implemented on March 1, 2023. The main contents of this measure include five major parts: defining the responsibility subject of overload control, building the source management mechanism of overload control, defining the way of road law enforcement inspection, using scientific and technological means to improve the efficiency of overload control and strengthening the supervision of credit overload control.
Among them, in the construction of the source management mechanism for overload control, it is pointed out that source control is a powerful means to prevent illegal and overloaded transport vehicles from driving on the road, mainly including vehicle sources and goods sources.
Specific implementation measures:
1. Implement full-chain supervision on all links involving vehicle sources, put forward requirements for vehicle production, sales and modification stages, and clarify the responsibilities of the competent departments for vehicle inspection, registration management and vehicle modification;
2. In view of the difficulties in the implementation of the system of cargo loading and stowage source units and the unclear supervision, put forward the requirements for the preparation and publication of the list of key cargo loading source units, and put forward the obligations of the cargo transport source units and the prohibited acts of the cargo transport source units;
3. Clarify the regulatory responsibilities of the competent departments of each industry for the source of cargo loading and stowage, put forward regulatory measures, and put forward requirements for the obligations of cargo transport operators.
Shenzhen City
On December 2, 2022, Shenzhen Municipal Bureau of Transport issued a notice on the opening of seven off-site law enforcement monitoring points for overload control. The announcement said that the city will open seven off-site law enforcement monitoring points for overload control from 00:00 on January 5, 2023. According to Article 38 (5) of the Provisions on Administrative Law Enforcement Procedures for Transport (Order No. 6 of the Ministry of Transport of the People's Republic of China in 2021), the seven off-site law enforcement monitoring points for overload control that are to be put into use are now announced to the public according to administrative regions and locations.
The seven off-site law enforcement monitoring points for overload control in this notice are as follows by administrative region and location:
1. Bao'an area, set at the section of the original Song'an toll station on the north-south direction of National Highway 107;
2. Longgang area, located in the west to east direction of Hengping Highway, Causeway Path Bridge section;
3. In Longgang area, the location is located in the south to north direction of Danping Expressway, the lily flower market section;
4. In Longgang area, the location is located in the north to south direction of Danping Expressway, the lily flower market section;
5. Longgang area, set at the original Dashuikeng toll station section from Dongguan to Shenzhen, Pinglong Road;
6. Guangming area, set in the east-west direction of sightseeing road, the section of Lianda Industrial Zone;
7. In Pingshan area, the location is the section of Jingui Village, north to south of Pingkui Road.
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