Liaoning Province Road Transport Control Measures for Dangerous Goods
Chapter 1 General Provisions
Article 1:; In order to strengthen the control of dangerous goods road transportation, prevent accidents in dangerous goods road transportation, and ensure the safety of people's lives and property, this method is formulated in accordance with relevant laws, regulations, and policy provisions on dangerous goods road transportation.
Article 2:; This regulation applies to dangerous goods road transportation enterprises, dangerous goods road transportation, and related activities within the administrative region of this province. All regions should strengthen the management of permits for the operation of dangerous goods road transportation, regularly assess the dynamic monitoring work of dangerous goods road transportation enterprises, and supervise and inspect dangerous goods road transportation enterprises in accordance with the law.
Article 3:; The safety management of dangerous goods road transportation should adhere to the principle of safety first, prevention oriented, and comprehensive governance, strictly follow the principles of "three management and three musts" and "who approves, who is responsible", effectively implement local regulatory responsibilities and corporate entity responsibilities, focus on strengthening joint supervision, special rectification, source control, and systematic governance, and pay attention to the role of scientific and technological supervision and joint punishment mechanisms for dishonesty.
Article 4:; The control of road transportation of dangerous goods should focus on all elements of enterprises, vehicles, and personnel, strengthen cooperation with industrial and information technology, public security, emergency management, market supervision and other departments, and implement full chain management for consignment, transportation, loading and unloading, vehicle operation, etc.
Article 5:; Encourage specialized, intensive, and highly reputable dangerous goods road transportation enterprises to develop and grow, strengthen, optimize, and expand.
Chapter 2 Dangerous Goods Road Transport Enterprises
Article 6:; Strict permit access management shall be implemented for the road transportation of dangerous goods. Enterprises shall carry out transportation within the permitted business scope and are strictly prohibited from operating beyond the scope.
Article 7:; Dangerous goods road transport enterprises shall bear the main responsibility for safety production, establish corresponding working institutions, equip relevant personnel, establish and improve the safety production responsibility system for all employees, safety education and training system for employees, vehicle technical file management system, job operation procedures, work inspection and recording system, hidden danger investigation and control and risk prevention system, and other management systems, and strictly implement them.
Article 8:; Dangerous goods road transport enterprises shall strictly comply with the relevant laws, regulations, rules and standards for responding to emergencies and safety production, formulate emergency plans and on-site disposal plans, and file them with the local transportation authority and other relevant departments; Emergency rescue personnel and necessary emergency rescue equipment should be equipped, and emergency plan training and drills should be strengthened. At least one emergency plan drill should be organized every six months.
Article 9:; Dangerous goods road transportation enterprises shall strengthen the construction of safety production standardization in accordance with the law, and enhance the intrinsic safety production level of the enterprise.
Article 10:; Dangerous goods road transport enterprises shall purchase carrier liability insurance for the dangerous goods they transport in accordance with legal requirements.
Article 11:; Dangerous goods road transport enterprises shall extract and use safety production expenses in accordance with the relevant provisions of the "Management Measures for Extraction and Use of Enterprise Safety Production Expenses" (Cai Zi [2022] No. 136), and extract 1.5% of the actual operating income of the previous year on an average monthly basis to ensure that safety production investment is in place and the use management is standardized.
Article 12:; Dangerous goods road transport enterprises shall strengthen the management of employed personnel, enhance training and control throughout the entire process of employment and on-the-job training, continuously improve safety quality, and meet the needs of safety production in accordance with the requirements of the "Regulations on the Management of Road Transport Practitioners" and "Regulations on the Management of Road Transport of Dangerous Goods".
Chapter 3 Dangerous goods transport vehicles and equipment
Article 13:; Vehicles and equipment engaged in road transportation of dangerous goods shall comply with legal requirements and standards, and shall be maintained, tested, used, and managed in accordance with the requirements of the "Technical Management Regulations for Road Transport Vehicles" and the "Safety Technical Conditions for Dangerous Goods Road Transport Operating Vehicles" (JT/T 1285), to ensure that the technical condition of the vehicles is good.
Article 14: It is prohibited to use scrapped, illegally modified, unqualified vehicles, vehicles with technical levels below level one, and other vehicles that do not comply with national regulations for road transportation of dangerous goods. It is prohibited to use mobile tanks (excluding tank containers) for road transportation of dangerous goods.
Article 15:; The tank body of a tank type vehicle should be inspected and qualified and within its validity period, and the total weight of the tank body after loading should match the approved carrying capacity of the dedicated vehicle.
Article 16:; Dangerous goods road transport vehicles shall be equipped with intelligent video surveillance alarm, collision prevention, and vehicle safety operation supervision technology in accordance with relevant national regulations, and play a role in promoting the development of science and technology.
Chapter 4 Personnel engaged in road transportation of dangerous goods
Article 17:; The main responsible persons and safety production management personnel of dangerous goods road transport enterprises shall pass the safety assessment in accordance with the relevant requirements of the "Management Measures for Safety Assessment of Main Responsible Persons and Safety Production Management Personnel of Road Transport Enterprises" (Transportation Regulations [2019] No. 6) issued by the Ministry of Transport, and participate in safety production education and training every year as required by regulations.
Article 18:; Drivers, escorts, and loading and unloading management personnel shall pass the examination of the transportation authority, obtain the "Road Transport Qualification Certificate", and engage in dangerous goods road transport activities within the scope permitted by the qualification certificate.
Article 19:; Personnel engaged in the transportation of dangerous goods by road shall participate in pre job safety education, training, assessment, and regular safety education organized by the enterprise in accordance with relevant laws and regulations and the requirements of the "Rules for the Transport of Dangerous Goods by Road" (JT/T 617). The interval between regular safety education shall not exceed 3 months. Personnel who have not passed the pre job safety education and training assessment are not allowed to work on the job.
Article 20:; Personnel engaged in the road transportation of dangerous goods shall be familiar with relevant laws and regulations, technical standards, safety production rules and regulations, safety operation procedures, and master the nature, hazard characteristics, packaging or container usage requirements, and disposal measures in case of accidents of the dangerous goods being transported. They shall strictly comply with standards such as the "Rules for Road Transport of Dangerous Goods" (JT/T 617) and shall not operate in violation of regulations.
Chapter 5 Dangerous goods consignment
Article 21:; The consignor shall entrust enterprises with corresponding qualifications for road transportation of dangerous goods to carry dangerous goods.
Article 22:; The consignor shall determine the category, item, name, and number of dangerous goods in accordance with the "Rules for Road Transport of Dangerous Goods" (JT/T 617), and comply with relevant special regulations and requirements. If inhibitors or stabilizers need to be added, the consignor shall add them according to regulations and inform the dangerous goods road transport enterprise of the relevant situation.
Article 23:; The consignor shall not illegally carry dangerous goods in the ordinary goods being shipped, or conceal or falsely report dangerous goods as ordinary goods being shipped.
Article 24:; The consignor shall properly package the dangerous goods in accordance with the "Regulations for Road Transport of Dangerous Goods" (JT/T 617) and set corresponding dangerous goods signs on the outer packaging.
Chapter 6 Dangerous goods transportation
Article 25:; Dangerous goods road transport enterprises shall use vehicles and equipment that meet the safety technical requirements of national standards and match the nature and weight of the dangerous goods being transported. If using atmospheric pressure liquid dangerous goods tank vehicles to transport dangerous goods, they shall be carried within the scope of the suitable medium list on the tank body of the tank vehicle; For the transportation of dangerous goods using mobile pressure vessels, the medium specified on the registration certificate for the use of mobile pressure vessels shall be used for transportation.
Article 26:; Dangerous goods road transport enterprises shall inspect and record the technical condition of transport vehicles, tank vehicles, movable tank containers, tank containers and related equipment, as well as satellite positioning devices before transportation, and inform drivers and escorts of transportation safety.
Article 27:; Drivers and escorts of dangerous goods road transport vehicles should conduct a visual inspection of the transport vehicles, tank vehicles, movable tank containers, and tank containers carrying dangerous goods before departure to ensure that there are no defects that affect transportation safety; It should be checked and confirmed that dangerous goods transport vehicles are installed and hung with signs in accordance with the requirements of "Road Transport of Dangerous Goods Vehicle Signs" (GB 13392); It is necessary to check and confirm the protective equipment, emergency rescue equipment, and dangerous goods road transportation safety card that need to be carried with the dangerous goods transportation vehicle; It is necessary to check and confirm the documents such as the Road Transport Certificate and Road Transport Practitioner Qualification Certificate that need to be carried with the vehicle.
Chapter 7 Dangerous goods loading and unloading
Article 28:; Before filling or loading dangerous goods, the dangerous goods road transport enterprise shall cooperate with the loader to inspect whether the vehicles specified in the "Regulations on the Safety Management of Dangerous Goods Road Transport" have valid driving and operating licenses, whether the drivers and escorts have valid qualification certificates, and whether the transport vehicles and tank vehicles are within the valid period of inspection.
Article 29:; Dangerous goods road transport enterprises and loaders shall load dangerous goods according to the approved load capacity of the transport vehicles and shall not overload.
Article 30:; During the transportation process from the delivery of goods by the shipper to the receipt of goods by the consignee, dangerous goods road transport enterprises shall not fill dangerous goods without authorization. If filling is necessary to ensure transportation safety, the filling inspection, approval, and recording system shall be strictly implemented and the operation shall be carried out under the guidance of the consignor.
Chapter 8 Operation management of dangerous goods transportation vehicles
Article 31:; During the transportation of dangerous goods by road, in addition to the driver, escort personnel should also be equipped on dedicated vehicles to ensure that the dangerous goods are under the supervision of the escort personnel.
Article 32:; Drivers should ensure that the closing devices of tank vehicles, movable tank containers, and tank containers are in a closed state during transportation.
Article 33:; Dangerous goods road transport enterprises shall require drivers and escorts to strictly comply with road traffic safety laws and regulations and the restrictive measures taken by public security organs on dangerous goods transport vehicles in accordance with the law when transporting dangerous goods.
Article 34:; In the event of accidents such as combustion, explosion, pollution, poisoning, theft, loss, dispersion, or leakage during the transportation of dangerous goods by road, drivers and escorts shall immediately take emergency response measures in accordance with the emergency plan and the requirements of the dangerous goods road transportation safety card, and report to the public security department, transportation authority, and the enterprise where the accident occurred. After receiving the accident report, the enterprise shall organize rescue in accordance with its emergency plan and report to the emergency management department, ecological environment, and health department of the place where the accident occurred.
Chapter 9 Dynamic monitoring of dangerous goods road transport vehicles
Article 35:; Dangerous goods road transport enterprises shall establish and improve relevant systems for dynamic monitoring and management in accordance with the "Measures for Dynamic Supervision and Management of Road Transport Vehicles" and relevant national regulations, and monitor and manage vehicles and drivers during vehicle operation.
Article 36:; Dangerous goods road transport enterprises shall equip full-time monitoring personnel in accordance with relevant regulations. Monitoring personnel should be familiar with relevant national regulations and policies, and must undergo training and pass the examination of dangerous goods road transportation enterprises before taking up their posts.
Article 37:; Monitoring personnel should analyze and process the dynamic information of vehicle driving in real time, promptly remind drivers to correct illegal behaviors such as speeding and fatigue driving, and record and archive them in the dynamic monitoring ledger; Drivers who continue to drive illegally despite being reminded should promptly report to the safety management agency of the enterprise, and the safety management agency should take immediate measures to stop them; For those who continue to drive illegally despite refusing to implement stop measures, dangerous goods road transport enterprises shall promptly report to the traffic management department of the public security organs and dismiss the drivers afterwards.
Dynamic monitoring data should be kept for at least 6 months, and illegal driving information and handling should be kept for at least 3 years. Dangerous goods road transport enterprises should promptly handle drivers who have traffic violation information afterwards.
Article 38:; Dangerous goods road transport enterprises shall ensure the normal use of satellite positioning devices and maintain real-time online operation of dangerous goods transport vehicles. Dangerous goods road transport enterprises shall not arrange transportation operations for dangerous goods transport vehicles that cannot remain online due to satellite positioning device malfunctions.
Article 39:; Dangerous goods road transportation enterprises should fully utilize the role of intelligent video monitoring and alarm technology to automatically remind and promptly correct illegal and irregular driving behaviors such as driver fatigue driving and making phone calls while driving; Make full use of intelligent video surveillance and alarm devices to collect illegal and irregular data, carry out classified management and targeted safety education, and seriously deal with drivers who frequently violate laws and regulations. Those with serious circumstances should be promptly transferred from their driving positions.
Chapter 10 Use of electronic waybill for road transportation of dangerous goods
Article 40:; Dangerous goods road transport enterprises shall strictly implement the system of dangerous goods road transport waybill, and through the electronic waybill management system for dangerous goods road transport, do a good job in the production, carrying, and storage of electronic waybills. In case of special circumstances where electronic waybills cannot be used, dangerous goods road transport enterprises shall make and use paper waybills in accordance with regulations, and affix their official seals (copies or scanned copies are valid). The waybill information shall be entered or supplemented to the provincial electronic waybill management system within 10 working days after the completion of the transportation task.
Article 41:; Dangerous goods road transport enterprises shall establish and improve an electronic waybill usage system that is suitable for their own business operations and strictly implement it, clarify the responsible persons for each link of electronic waybill production, use, monitoring, etc., and strengthen the safety management and standardized management of the transportation process.
Article 42:; Dangerous goods road transport enterprises should strengthen the monitoring of their electronic waybills through the electronic waybill management system for dangerous goods road transport. Any abnormal waybills generated should be promptly identified and rectified, and the electronic waybill management system should be fully utilized for precise supervision.
Chapter 11 Supervision of Road Transport of Dangerous Goods
Article 43:; Each region should establish and improve systems for safety production interviews, illegal behavior reporting, and accident notification. Through measures such as grid supervision, collaborative supervision, and intelligent supervision, the local regulatory responsibility for dangerous goods road transportation should be tightened and compacted; By establishing a dual prevention mechanism of safety risk classification control and hidden danger investigation and governance, implementing the full responsibility system for enterprise safety production, and other measures, the main responsibility for safety production of dangerous goods road transportation enterprises will be fully implemented.
Article 44:; Each region should list enterprises that operate dangerous goods transport vehicles in other places for a long time as key regulatory objects, increase inspection frequency, focus on inspecting hidden dangers, conducting safety education and training for employees, vehicle inspection and maintenance, dynamic monitoring, waybill use, and emergency response, and urge such enterprises to effectively implement their main responsibilities for safety production.
Article 45:; All regions should strictly follow the responsibilities, authorities, and procedures stipulated in relevant laws, regulations, and rules, such as the Work Safety Law of the People's Republic of China, the Road Transport Regulations of the People's Republic of China, the Regulations on the Safety Management of Hazardous Chemicals, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Industry and Information Technology, the Ministry of Housing and Urban Rural Development, the Ministry of Transport, the Ministry of Emergency Management, the National Railway Bureau, the Civil Aviation Administration of China, and the National Post Office, regarding the punishment of crimes involving firearms, ammunition, explosives, and flammable and explosive dangerous goods in accordance with the law, the Measures for the Safety Management of Road Transport of Dangerous Goods, the Regulations on the Management of Road Transport of Dangerous Goods, the Technical Management of Road Transport Vehicles, the Regulations on the Management of Road Transport Practitioner, Punish illegal and irregular road transportation of dangerous goods in accordance with the law.
Article 46:; Under the unified leadership of the local government, all regions should strengthen communication and cooperation with industrial and information technology, public security, emergency management, market supervision and other departments. In accordance with the "Regulations on the Safety Management of Road Transport of Dangerous Goods", they should strengthen the safety management of transportation vehicles and containers inspection, road operation and other links in accordance with the law, establish and improve joint law enforcement cooperation mechanisms and case transfer and reception mechanisms, severely crack down on various illegal and irregular behaviors, and effectively strengthen the safety management of the entire chain of road transport of dangerous goods.
Chapter 12 Supplementary Provisions
Article 47:; Any matters not covered by these measures shall be implemented in accordance with relevant laws, regulations, rules, and policies of the state, the Ministry of Transport, and the province.
Article 48:; If there are any adjustments to the laws, regulations, rules, and policy provisions referenced in these measures, the latest adjusted version shall prevail.
Article 49:; The meanings of the following terms in this method are:
（1） The consignor refers to the enterprise or unit that entrusts a dangerous goods road transport enterprise to transport dangerous goods.
（2） The shipper refers to the enterprise or unit entrusted by the consignor to load dangerous goods into dangerous goods transport vehicles, tank vehicles, movable tank containers, containers, bulk containers, or to load packaging containers containing dangerous goods onto vehicles.
（3） The consignee refers to the enterprise or unit responsible for receiving dangerous goods as stipulated in the transportation contract or transportation task. If there is no transportation contract, the enterprise or unit responsible for the arrival of dangerous goods is considered the consignee.
Article 50:; This method shall come into effect from the date of issuance.
Office of Liaoning Provincial Department of Transportation
Issued on January 5th, 2024& nbsp;
Original link: https://jtt.ln.gov.cn/jtt/zfxxgk/fdzdgknr/lzyj/bbmgfxwj/2024010516473030996/index.shtml
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