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    The Measures for the Safety Management of Road Transportation of Dangerous Goods will come into effect next year.


    Release Date:

    2019-11-30

     On November 28, at a regular press conference held by the Ministry of Transport, it was announced that the “Administrative Measures for the Road Transportation Safety of Dangerous Goods” (hereinafter referred to as the “Measures”), jointly formulated and issued by the Ministry of Transport, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Ecology and Environment, the Ministry of Emergency Management, and the State Administration for Market Regulation, will officially come into effect on January 1, 2020.
      The Measures aim to strengthen end-to-end safety management of road transport of dangerous goods by enhancing safety oversight at the source, during loading, throughout the transportation process, and with respect to transport equipment; by intensifying training and education for personnel; by standardizing vehicle‑access management policies; by implementing an exemption regime for small‑quantity hazardous materials; and by bolstering coordinated inter‑agency supervision. These efforts are designed to address eight key issues that have long plagued the industry.
      The Measures stipulate that, in response to lax oversight and tolerance of illegal transportation during the filling process at production and business enterprises, shippers must conduct “five mandatory checks”: verifying that vehicles possess valid driving and operating permits; confirming that drivers and escorts hold valid qualifications; ensuring that transport vehicles are within their valid inspection period; confirming that the hazardous goods being loaded match those specified on the waybill; and confirming that the hazardous goods being filled fall within the list of permitted substances for the tank‑type vehicle’s tank. Any cargo that fails to meet these requirements shall not be loaded or filled. With regard to transport enterprises’ practices of “hanging” vehicles without proper management or substituting outsourcing for effective oversight, the Measures prohibit the use of shell companies to operate hazardous‑goods transport vehicles and establish a hazardous‑goods waybill system. Public security authorities may, in accordance with the law, impose traffic restrictions on hazardous‑chemical vehicles in five designated areas, road sections, or time periods; when it is necessary to restrict such vehicles from using expressways, the restriction must be imposed between midnight and 6:00 a.m.
      In addition, the Measures introduce policies such as exempting small‑quantity hazardous goods that meet specified requirements from certain regulatory obligations. Under current laws and regulations, transporting small‑packaged daily‑use chemical products like 84 disinfectant and perfume, as well as aerosols and chemical reagents, must be carried out using vehicles dedicated to hazardous materials and cannot be mixed with other cargo, resulting in relatively high transportation costs. Under these Measures, exempted goods that satisfy the criteria are now subject to the same transport management as ordinary cargo, thereby reducing transportation expenses.
      At the same time, the Measures also draw upon the Model Regulations of the United Nations Recommendations on the Transport of Dangerous Goods and the Convention on the International Carriage of Dangerous Goods by Road, establishing requirements for the classification, proper shipping names, UN numbers, packaging, labeling, and other aspects of dangerous goods that are consistent with relevant international standards.
      Xu Yahua, Director-General of the Transport Services Department of the Ministry of Transport, stated that, in the next phase, the Ministry will work closely with relevant departments to promptly refine supporting regulatory frameworks and carry out extensive publicity, interpretation, and training on the Measures, ensuring that all management systems are fully implemented and effectively safeguarding the safety of road transport of dangerous goods.
      Administrative Measures for the Safety of Road Transportation of Dangerous Goods
      Chapter I General Provisions
      Article 1: In order to strengthen the safety management of road transportation of dangerous goods, prevent accidents in such transportation, safeguard the lives and property of the public, and protect the environment, these Measures are formulated in accordance with the Work Safety Law of the People’s Republic of China, the Regulations on Road Transport of the People’s Republic of China, the Regulations on the Safety Management of Hazardous Chemicals, the Regulations on Highway Safety Protection, and other relevant laws and administrative regulations.
      Article 2: These Measures shall apply to the safety management of the transport of dangerous goods and related activities conducted using road transport vehicles.
      Article 3: Road transportation of dangerous goods shall adhere to the principles of safety first, prevention foremost, comprehensive management, and facilitation of transport.
      Article 4. The transportation authority under the State Council shall be responsible for the administration of road transport of dangerous goods nationwide.
      The transportation authorities of local people’s governments at or above the county level are responsible for organizing and leading the management of road transport of dangerous goods within their respective administrative areas.
      The departments of Industry and Information Technology, Public Security, Ecology and Environment, Emergency Management, and Market Supervision Administration shall, in accordance with their respective duties, be responsible for supervising and inspecting activities related to the road transportation of dangerous goods.
      Article 5 The State shall establish a regulatory information-sharing platform for hazardous chemicals and strengthen the safety management of road transportation of dangerous goods.
      Article 6: It is prohibited to consign or carry dangerous goods whose transport is prohibited by laws and administrative regulations.
      Article 7 The shipper, carrier, and loader shall establish safety production management systems, including procedures for inspection and record-keeping of road transport operations involving dangerous goods, as well as systems for personnel safety education and training, equipment management, and job-specific operating procedures.
      Shippers, carriers, and loaders shall, in accordance with applicable laws and regulations and the Regulations on Road Transportation of Dangerous Goods (JT/T 617), provide pre‑employment safety training and regular safety education to their relevant personnel. Personnel who have not passed the pre‑employment safety training assessment shall not be permitted to assume their duties.
      The shipper, carrier, and loader shall maintain proper records of safety education and training, as well as assessment results. Records of pre‑employment safety education and training, together with associated assessments, shall be retained for 12 months after the relevant personnel leave their position; records of periodic safety education shall be kept for no less than 12 months.
      Article 8: The State encourages road transport enterprises handling dangerous goods to adopt advanced technologies and equipment and to pursue specialized and intensive operations.
      The operation of hazardous goods transport vehicles under a shell company arrangement is prohibited.
      Chapter 2: Shipment of Dangerous Goods
      Article 9: Shippers of dangerous goods shall entrust the transportation of such goods to enterprises holding the appropriate road transport qualifications for dangerous goods. For the shipment of civil explosives and fireworks and firecrackers, shippers shall entrust the transportation to enterprises holding transport qualifications for Class 1 explosives or for the specific subclass within Class 1 explosives.
      Article 10: The shipper shall, in accordance with the “Rules for Road Transportation of Dangerous Goods” (JT/T 617), determine the class, division, proper shipping name, and UN number of the dangerous goods, and comply with the relevant special requirements. Where inhibitors or stabilizers are required, the shipper shall add them as prescribed and notify the carrier of the relevant circumstances.
      Article 11: The shipper shall not, in violation of applicable regulations, mix dangerous goods with ordinary cargo for shipment, nor shall the shipper conceal or falsely declare dangerous goods as ordinary cargo.
      Article 12: The shipper shall properly package dangerous goods in accordance with the “Rules for the Road Transport of Dangerous Goods” (JT/T 617) and affix the appropriate dangerous goods markings on the outer packaging.
      Article 13. When consigning dangerous goods, the shipper shall submit to the carrier a list of dangerous goods for shipment in electronic or paper form.
      The dangerous goods shipping manifest shall specify the shipper, carrier, consignee, loader, place of origin, destination, as well as the class, division, proper shipping name, UN number, packaging and specifications, quantity, and emergency contact telephone number of the dangerous goods. It shall also include information on the hazardous characteristics of the goods, transportation precautions, first‑aid measures, fire‑fighting measures, emergency response procedures for leaks, and measures for addressing secondary environmental pollution.
      The shipper shall properly retain the dangerous goods shipping manifest for a period of no less than 12 months.
      Article 14: The shipper shall ensure that the emergency contact telephone number remains accessible throughout the transport of dangerous goods.
      Article 15: When consigning highly toxic chemicals, civilian explosives, fireworks and firecrackers, or radioactive materials, the shipper shall provide the carrier with the corresponding permits or documents issued by the public security authorities, including the Road Transport Permit for Highly Toxic Chemicals, the Transport License for Civilian Explosives, the Road Transport Permit for Fireworks and Firecrackers, and the Road Transport Approval Certificate or other relevant documents for radioactive materials.
      When consigning Class I radioactive materials, the shipper shall provide the carrier with a nuclear and radiation safety analysis report for the transport of radioactive materials, approved by the State Council’s nuclear safety regulatory authority.
      When a shipper consigns hazardous waste (including medical waste, the same hereinafter), they shall provide the carrier with an electronic or paper-based hazardous waste transfer manifest issued by the competent ecological and environmental authority.
      Chapter 3: Special Provisions for the Transport of Dangerous Goods in Exceptional Quantities and Limited Quantities
      Article 16: The packaging, marking, package testing, and the maximum quantities of dangerous goods that may be transported in each inner and outer container for excepted quantities shall comply with the requirements of the Regulations on the Road Transport of Dangerous Goods (JT/T 617).
      Article 17: The packaging and marking of limited‑quantity dangerous goods, as well as the maximum quantity and total mass (including packaging) contained in each inner container or article, shall comply with the requirements of the Regulations on the Road Transport of Dangerous Goods (JT/T 617).
      Article 18: When a shipper consigns dangerous goods in excepted quantities, they shall provide the carrier with a written declaration stating that the dangerous goods comply with the packaging requirements set forth in the Regulations on the Road Transport of Dangerous Goods (JT/T 617). The carrier shall require the driver to carry this written declaration on board the vehicle.
      The shipper shall indicate on the shipping manifest the excepted quantities of dangerous goods and the number of packages.
      Article 19: When a shipper consigns dangerous goods in limited quantities, they shall provide the carrier with a packaging performance test report or a written declaration certifying that the dangerous goods comply with the packaging requirements set forth in the Regulations on the Road Transport of Dangerous Goods (JT/T 617). The carrier shall require the driver to carry the test report or written declaration on board the vehicle.
      The shipper shall indicate on the shipping manifest the limited quantities of dangerous goods, as well as the number of packages and their total mass (including packaging).
      Article 20: Excepted quantities and limited‑quantity dangerous goods packages may be stowed together with other dangerous goods and general cargo; however, limited‑quantity dangerous goods packages shall not be stowed together with explosives.
      Article 21: When the number of packages containing dangerous goods in excepted quantities carried by a transport vehicle does not exceed 1,000, or when the total mass of dangerous goods in limited quantities (including packaging) does not exceed 8,000 kilograms, such goods may be transported as ordinary cargo.
      Chapter 4: Carriage of Dangerous Goods
      Article 22: Carriers of dangerous goods shall transport such goods within the scope of business authorized by the competent transportation authority.
      Article 23: Carriers of dangerous goods shall use vehicles and equipment that meet the safety technical requirements stipulated in national standards and are appropriate for the nature and weight of the dangerous goods being transported.
      When a carrier of dangerous goods uses atmospheric-pressure liquid‑type tank vehicles to transport such goods, it shall do so only within the scope of media listed as suitable for carriage on the vehicle’s tank. When using mobile pressure vessels to transport dangerous goods, the carrier shall do so only with the media specified in the registration certificate for the use of the mobile pressure vessel.
      Carriers of dangerous goods shall load such goods in accordance with the approved carrying capacity of the transport vehicle and shall not exceed that capacity.
      Article 24: Carriers of dangerous goods shall prepare a dangerous goods waybill and ensure that it is carried by the driver at all times. The dangerous goods waybill shall be properly retained for a period of no less than twelve months.
      The format of the dangerous goods transport document is uniformly prescribed by the transportation authority under the State Council. The dangerous goods transport document may be in electronic or paper form.
      Enterprises transporting hazardous waste shall also complete and carry with the vehicle either an electronic or paper-based hazardous waste transfer manifest.
      Article 25: Prior to transportation, the carrier of dangerous goods shall inspect and document the technical condition of the transport vehicle, the tank body of tank vehicles, portable tank containers, tank containers (hereinafter referred to as “tank containers”), and related equipment, as well as the satellite positioning device, and shall provide drivers and escorts with safety instructions regarding the transport.
      Article 26: Before departure, drivers and escorts of road transport vehicles carrying dangerous goods shall conduct a visual inspection of the transport vehicle, the tank body of tank vehicles, portable tank containers, and tank containers, ensuring that no defects exist that could compromise transport safety.
      Before departure, drivers and escorts of vehicles transporting dangerous goods shall verify that the vehicles are equipped with and display markings in accordance with the requirements of “Vehicle Markings for the Road Transport of Dangerous Goods” (GB 13392). For the transport of explosives and highly toxic chemicals, they must also confirm that the vehicles are fitted with and affixed with safety placards that comply with the requirements of “Safety Technical Conditions for Vehicles Transporting Explosives and Highly Toxic Chemicals” (GB 20300).
      Article 27: In addition to complying with the provisions of these Measures, carriers of dangerous goods shall also comply with the requirements pertaining to transport operations set forth in the Regulations on the Administration of Road Transportation of Dangerous Goods.
      Chapter 5: Loading and Unloading of Dangerous Goods
      Article 28 The shipper shall, prior to the filling or loading of goods, verify the following matters; if such matters do not comply with the requirements, filling or loading shall be prohibited:
      (1) Whether the vehicle possesses a valid registration certificate and an operating permit;
      (2) Whether the driver and the escort personnel possess valid qualification certificates;
      (3) Whether the transport vehicles, tank bodies of tank trucks, portable tank containers, and tank containers are within their valid inspection period;
      (4) Whether the dangerous goods being filled or loaded are consistent with the particulars set forth in the dangerous goods transport document;
      (5) Whether the dangerous goods being loaded fall within the list of permitted substances for the tank body of the tank vehicle, or comply with the requirements of the Guidelines for Portable Tank Containers and the applicable tank container codes.
      When filling or loading highly toxic chemicals, civilian explosives, fireworks and firecrackers, radioactive materials, or hazardous waste, the documents and reports specified in Article 15 of these Measures shall also be verified.
      Article 29: The shipper shall carry out loading operations in accordance with the relevant standards. The weight of the loaded cargo shall not exceed the rated load capacity of the transport vehicle, nor shall it exceed the permissible filling limits of tank bodies on tank vehicles, portable tank containers, or tank containers.
      Article 30: Upon delivery of dangerous goods for transport, the shipper shall ensure that the transport vehicle is equipped with and displays the required markings in accordance with the “Road Transport Markings for Vehicles Carrying Dangerous Goods” (GB 13392), that the packaging containers are free from damage or leakage, and that the closure devices of tank vehicles, portable tank containers, and tank containers are securely closed.
      When delivering and transporting explosives and highly toxic chemicals, the shipper shall also ensure that the vehicle is equipped with and displays safety placards in compliance with the requirements of the “Safety Technical Conditions for Vehicles Transporting Explosives and Highly Toxic Chemicals” (GB 20300).
      Article 31: The shipper shall establish a system for maintaining records of the loading of dangerous goods, documenting the category, name, and quantity of the dangerous goods loaded or transported, as well as the waybill number, and relevant information concerning the shipper, the carrier, the transport vehicle, and the driver, and shall properly retain such records for a period of no less than twelve months.
      Article 32 Enterprises engaged in the filling or loading of hazardous chemicals—whether in production, storage, transportation, use, or operation—shall, in accordance with the requirements of these Measures, establish and improve, and strictly implement, systems for inspection and record‑keeping related to such filling or loading.
      Article 33 The consignee shall promptly take delivery of the goods and carry out unloading operations in accordance with the safety operating procedures.
      Article 34: Hazardous goods transport vehicles are prohibited from conducting emptying operations or other similar activities immediately after unloading.
      Chapter 6: Vehicles for the Transport of Dangerous Goods and Tank Vessels, Portable Tank Containers, and Tank Containers
      Article 35: The competent departments of industry and information technology shall publish product model numbers through the “Announcement on Road Motor Vehicle Manufacturers and Products,” and shall, in accordance with the “Structural Requirements for Vehicles Transporting Dangerous Goods” (GB 21668), announce the types of vehicles authorized to transport dangerous goods.
      Article 36: Manufacturers of vehicles for the transport of dangerous goods shall produce in accordance with the product models published by the competent department of industry and information technology. Vehicles for the transport of dangerous goods shall obtain a national compulsory product certification certificate.
      Article 37: Manufacturers of vehicles for the transport of dangerous goods shall, in accordance with the “Structural Requirements for Vehicles for the Transport of Dangerous Goods” (GB 21668), mark the type of such vehicles.
      Article 38: Manufacturers of tank bodies for atmospheric-pressure tank vehicles transporting liquid hazardous chemicals shall obtain an industrial product production license, and the tank bodies they produce shall comply with the requirements of “Tank Vehicles for Road Transport of Liquid Hazardous Goods” (GB 18564).
      Inspection agencies shall, in strict accordance with national standards, industry standards, and the nationally unified inspection procedures, conduct inspections of tank bodies on atmospheric-pressure tank vehicles carrying liquid hazardous chemicals, and issue an inspection certificate for tank bodies that pass inspection. The inspection certificate shall include information such as the tank’s rated load capacity, tank volume, tank identification number, a list of compatible media, and the date of the next scheduled inspection.
      The list of inspection agencies and the rules governing inspection activities shall be jointly promulgated by the State Council’s market supervision and administration authority and the State Council’s transportation authority.
      Article 39: Manufacturers of tank bodies for atmospheric-pressure tank vehicles shall, in accordance with the relevant requirements, assign and mark each tank body with a unique identification code.
      Article 40: Tank vehicles shall load dangerous goods only when the tank is within its valid inspection period.
      Upon expiration of the inspection validity period, the tank body of a tank vehicle shall be re-inspected and found compliant by a qualified inspection agency before it may be put into service.
      Article 41: Major repairs or modifications to the tank of a atmospheric-pressure tank vehicle carrying dangerous goods shall be entrusted to an enterprise possessing tank‑manufacturing qualifications, and shall undergo inspection by a professionally qualified inspection agency. Only upon obtaining an inspection certificate of compliance may the vehicle be put back into service.
      Article 42: Portable tank containers and tank wagons used for the transport of dangerous goods shall be inspected and certified as compliant by a qualified inspection agency, obtain an inspection certificate, and bear the corresponding safety compliance mark, and shall be used only for their designated purposes.
      Article 43: Where packaging containers for dangerous goods are classified as mobile pressure vessels or gas cylinders, they shall also comply with the requirements of relevant laws and regulations on special equipment, safety technical specifications, and international treaties.
      Chapter 7: Operational Management of Vehicles Transporting Dangerous Goods
      Article 44: During the road transport of dangerous goods, in addition to the driver, the dedicated vehicle shall be equipped with the necessary escort personnel to ensure that the dangerous goods remain under their supervision.
      Transport vehicles shall be equipped with and display warning signs that comply with the requirements of “Vehicle Markings for Road Transport of Dangerous Goods” (GB 13392), carry protective equipment, emergency rescue tools, and a dangerous goods road transport safety data sheet, and strictly adhere to relevant road traffic safety laws and regulations to ensure safe road transportation.
      Vehicles transporting explosives and highly toxic chemicals shall also be equipped with and display safety signage that complies with the requirements of “Safety Technical Conditions for Vehicles Transporting Explosives and Highly Toxic Chemicals” (GB 20300).
      When transporting highly toxic chemicals, civilian explosives, fireworks and firecrackers, radioactive materials, or hazardous waste, the documents and reports specified in Article 15 of these Measures shall also be carried on board the vehicle.
      Article 45: Carriers of dangerous goods shall, in accordance with the requirements of the Anti-Terrorism Law of the People’s Republic of China and the Measures for the Dynamic Supervision and Administration of Road Transport Vehicles, monitor and manage vehicles and drivers via a positioning system during vehicle operation.
      Article 46: Vehicles transporting dangerous goods shall not exceed a speed of 80 kilometers per hour on expressways and 60 kilometers per hour on other roads. If the speed limit indicated by road signs or pavement markings is lower than the aforementioned limits, the vehicle’s speed shall not exceed the speed specified by such signs or markings.
      Article 47: Drivers shall ensure that the closure devices of tank vehicles, portable tank containers, and tank containers remain closed throughout the transportation process.
      Article 48: When transporting civil explosives, fireworks and firecrackers, and hazardous materials such as highly toxic substances and radioactive materials, vehicles shall follow the routes and schedules approved by the public security authorities.
      Article 49: In any of the following circumstances, public security organs may, in accordance with the law, adopt measures to restrict the passage of vehicles transporting dangerous goods:
      (1) Key areas, key institutions, high‑traffic venues, and residential neighborhoods in cities (including county seats);
      (2) Drinking water source protection zones, key scenic areas, and nature reserves;
      (3) Extra-large bridges, extra-long tunnels, tunnel clusters, bridge–tunnel connection sections, and underwater road tunnels;
      (4) Mountainous roads with poor driving conditions, such as long and steep grades, or proximity to water bodies or cliffs;
      (5) Other circumstances where traffic may be restricted as prescribed by laws and administrative regulations.
      Unless otherwise provided by laws or administrative regulations, public security organs, after comprehensively considering relevant factors, may, where it is necessary to impose lawful restrictions on the passage of hazardous chemicals transported via expressways, designate the restricted time period to fall between 00:00 and 06:00.
      When public security organs impose measures restricting the passage of vehicles transporting dangerous goods, they shall announce such measures to the public in advance, coordinate with the competent transportation authorities to designate reasonable detour routes, and install conspicuous detour‑direction signs.
      Article 50: In the event of severe weather, major events, important holidays, traffic accidents, emergencies, or other similar circumstances, public security organs may temporarily impose restrictions on the passage of vehicles transporting hazardous materials and shall provide appropriate notification and guidance.
      Article 51: When vehicles transporting dangerous goods are required to stop at a highway service area, the driver and the escort personnel shall, in accordance with relevant regulations, implement appropriate safety precautions.
      Chapter VIII Supervision and Inspection
      Article 52: The departments responsible for the safety supervision and administration of road transportation of dangerous goods shall strengthen inspection and oversight in accordance with the following provisions:
      (1) The competent transportation authority is responsible for issuing road transport operating permits for dangerous goods, conducting regular assessments of the implementation of dynamic monitoring by road transport enterprises handling dangerous goods, carrying out lawful supervision and inspection of such enterprises, and overseeing the verification, approval, and record-keeping processes at the loading stage.
      (2) The competent departments for industry and information technology shall, in accordance with the law, conduct supervisory inspections of manufacturers of vehicles for the transport of dangerous goods listed in the “Announcement on Road Motor Vehicle Manufacturers and Products,” and shall, in accordance with the law, investigate and impose penalties on manufacturers and products that violate laws or regulations.
      (3) Public security organs are responsible for issuing road transport permits for highly toxic chemicals, transport permits for civilian explosives, road transport permits for fireworks and firecrackers, and permits or documents for the transport of radioactive materials, as well as for managing traffic order for vehicles transporting dangerous goods.
      (4) The competent environmental protection authority shall, in accordance with the law, conduct supervision and inspection over the design, manufacture, and use of transport containers for radioactive materials, and shall be responsible for overseeing nuclear facility operators and entities utilizing nuclear technology to establish and implement sound management systems and procedures for consignment and loading.
      (5) The emergency management authorities and other departments entrusted with the supervision and administration of work safety shall, in accordance with the law, oversee the production, storage, use, and operation of hazardous chemicals, and, in line with their respective responsibilities, urge enterprises to establish and improve systems and procedures for filling operations.
      (6) The market supervision and administration authorities are responsible for investigating and handling, in accordance with the law, violations related to the quality of hazardous chemicals and atmospheric-pressure tank‑type vehicle tanks, as well as the issuance of false inspection certificates by inspection agencies for such tanks.
      Article 53: The departments responsible for the safety supervision and administration of road transportation of dangerous goods shall establish a joint law enforcement coordination mechanism.
      Article 54: Where a department entrusted with the safety supervision and administration of road transportation of dangerous goods identifies significant hazards in the consignment, carriage, or loading of such goods that may give rise to a safety accident, it shall require the relevant parties to suspend operations and eliminate the hazards.
      Article 55: When departments responsible for the safety supervision and administration of road transportation of dangerous goods conduct inspections and discover violations that should be handled by other departments with corresponding safety supervision and administration responsibilities, they shall promptly refer such cases to those departments.
      Other departments vested with safety supervision and management responsibilities shall accept such cases, handle them in accordance with the law, and provide feedback on the outcomes to the transferring department.
      Chapter Nine: Legal Liability
      Article 56: Where the competent transportation authority finds that a carrier of dangerous goods has violated Article 7 of these Measures by failing to provide safety education and training to its personnel, it shall order the carrier to make corrections within a specified time limit and may impose a fine of no more than RMB 50,000. If the carrier fails to make the required corrections within the prescribed time limit, the authority shall order it to suspend production or business operations for rectification and impose a fine of no less than RMB 50,000 but no more than RMB 100,000; in addition, the directly responsible principal officers and other persons directly liable shall be subject to a fine of no less than RMB 10,000 but no more than RMB 20,000.
      Article 57: Where a shipper of hazardous chemicals falls under any of the following circumstances, the competent transportation authority shall order it to make corrections and impose a fine of no less than RMB 100,000 but no more than RMB 200,000; any illegal gains shall be confiscated. If the party refuses to make corrections, it shall be ordered to suspend production and business operations for rectification.
      (1) In violation of Article 9 of these Measures, entrusting the transportation of hazardous chemicals to an enterprise that has not legally obtained the qualification for road transport of dangerous goods;
      (2) In violation of Article 11 of these Measures, illegally concealing hazardous chemicals within ordinary goods being consigned, or failing to declare hazardous chemicals or falsely declaring them as ordinary goods for shipment.
      Where the circumstances set forth in paragraph (2) of the preceding clause constitute a violation of public order administration, the public security organ shall impose administrative penalties for public order in accordance with the law.
      Article 58: Where a shipper of dangerous goods violates Article 10 of these Measures by failing to ensure that the category, division, name, or UN number of the dangerous goods complies with the relevant standards, the competent transportation authority shall order rectification. If the violation is non‑commercial, a fine of no more than RMB 1,000 shall be imposed; if it is commercial, a fine of between RMB 10,000 and RMB 30,000 shall be imposed.
      Article 59: Where a transport authority finds that a shipper of hazardous chemicals falls under any of the following circumstances, it shall order rectification and impose a fine of no less than RMB 50,000 but no more than RMB 100,000; if the party refuses to comply, it shall order suspension of production or business operations for rectification.
      (1) In violation of Article 10 of these Measures, where the transport of hazardous chemicals requires the addition of inhibitors or stabilizers, the shipper fails to add them or fails to inform the carrier of the relevant circumstances;
      (2) In violation of Article 12 of these Measures, failing to properly package the hazardous chemicals being consigned and to affix the appropriate labels on the outer packaging as required.
      Article 60: Where a transportation authority finds that a carrier of dangerous goods falls under any of the following circumstances, it shall order rectification and impose a fine of no less than RMB 2,000 but no more than RMB 5,000:
      (1) In violation of Article 23 of these Measures, transporting hazardous goods in a tank vehicle using a medium that is not listed in the tank’s compatibility list or in a mobile pressure vessel using a medium that exceeds the scope specified on the vessel’s registration certificate;
      (2) In violation of Article 24 of these Measures, failing to prepare a dangerous goods transport document as required or maintaining it for a period that does not comply with the applicable requirements;
      (3) In violation of Article 25 of these Measures, failing to inspect and record transport vehicles, tank bodies of tank trucks, portable tank containers, tank containers, and related equipment as required.
      Article 61: Where the competent transportation authority finds that a driver of a road transport vehicle carrying dangerous goods falls under any of the following circumstances, it shall order rectification and impose a fine of no less than RMB 1,000 but no more than RMB 3,000:
      (1) Violating Articles 24 and 44 of these Measures by failing to carry, as required, the dangerous goods transport document and the safety data sheet on board the vehicle;
      (2) In violation of Article 47 of these Measures, the closing devices of tank vehicles, portable tank containers, and tank containers are not kept in the closed position during transport.
      Article 62: Where the competent transportation authority finds that a dangerous goods carrier, in violation of Articles 40, 41, and 42 of these Measures, uses tank bodies, portable tank containers, or tank containers that have not passed inspection or whose inspection validity has expired to transport dangerous goods, it shall order the carrier to make corrections within a specified time limit and may impose a fine of no more than RMB 50,000. If the correction is not made by the deadline, a fine of no less than RMB 50,000 but no more than RMB 200,000 shall be imposed; in addition, the directly responsible principal personnel and other persons directly liable shall be fined between RMB 10,000 and RMB 20,000. In cases of serious violations, the authority shall order the suspension of production and business operations for rectification.
      Article 63: Where the competent transportation authority finds that a carrier of dangerous goods has, in violation of Article 45 of these Measures, failed to implement monitoring via a positioning system for vehicles transporting hazardous chemicals, civilian explosives, or nuclear and radioactive materials during operation as required, it shall issue a warning and order rectification; if the party refuses to comply, it shall impose a fine of no more than RMB 100,000 and impose a fine of no more than RMB 10,000 on the directly responsible principal and other persons directly liable.
      Article 64: The competent department of industry and information technology shall, in cases where a civilian explosives production or sales enterprise acting as the shipper violates Articles 7, 28, and 31 of these Measures by failing to establish and strictly implement a system for inspection and record‑keeping of filling or loading operations, order it to make corrections and impose a fine of no less than RMB 10,000 but no more than RMB 30,000.
      The competent department for ecological and environmental protection shall order the operators of nuclear facilities and the entities utilizing nuclear technology to make corrections and impose a fine of no less than RMB 10,000 but no more than RMB 30,000 if they fail to establish and strictly implement systems for inspection and record‑keeping of filling or loading operations in violation of Articles 7, 28, and 31 of these Measures.
      Article 65: The competent departments for transportation, the emergency management departments, and other departments entrusted with safety supervision and administration shall, in accordance with their respective duties, order rectification and impose a fine of no less than RMB 10,000 but no more than RMB 30,000 on enterprises engaged in the production, storage, transportation, use, or operation of hazardous chemicals that, in violation of Article 32 of these Measures, have failed to establish and strictly implement systems for inspection and record‑keeping prior to filling or loading.
      Article 66: Where a shipper violates Article 43 of these Measures by failing to implement, as required, the inspection and record‑keeping system for the filling of mobile pressure vessels and gas cylinders, or by filling such vessels or cylinders that do not meet the requirements of the relevant safety technical specifications, penalties shall be imposed in accordance with the laws and regulations governing special equipment.
      Article 67: Where public security organs discover that any enterprise, entity, or individual has violated Article 15 of these Measures by transporting dangerous goods by road without a permit, they shall order the cessation of such illegal transportation activities and impose penalties.
      (1) Anyone who transports highly toxic chemicals without authorization shall be subject to a fine of no less than RMB 50,000 and no more than RMB 100,000.
      (2) Anyone who transports civil explosives without authorization shall be subject to a fine of no less than RMB 50,000 and no more than RMB 200,000, and the illegally transported civil explosives and any unlawful proceeds shall be confiscated.
      (3) Anyone who transports fireworks and firecrackers without authorization shall be subject to a fine of no less than RMB 10,000 and no more than RMB 50,000, and the illegally transported items and any illegal proceeds shall be confiscated.
      (4) Anyone who transports radioactive materials without authorization shall be subject to a fine of no less than RMB 20,000 and no more than RMB 100,000.
      Article 68: If a carrier of dangerous goods engages in any of the following acts, the public security organ shall order it to make corrections and impose a fine of no less than RMB 50,000 but no more than RMB 100,000; if such acts constitute a violation of public order administration, administrative penalties for public order shall be imposed in accordance with the law:
      (1) Violating Article 23 of these Measures by using vehicles whose safety technical conditions do not meet the requirements of national standards for the transportation of hazardous chemicals;
      (2) Violation of Article 23 of these Measures, involving the transportation of hazardous chemicals in excess of the vehicle’s approved load capacity.
      Article 69: If a carrier of hazardous goods violates Article 44 of these Measures by transporting hazardous chemicals by road without assigning an escort, the public security organ shall order it to make corrections and impose a fine of no less than RMB 10,000 but no more than RMB 50,000; if the violation constitutes an act of public order administration, administrative penalties for public order shall be imposed in accordance with the law.
      Article 70: If a vehicle transporting dangerous goods violates Article 44 of these Measures by failing to install or display the required warning signs, the public security organ shall order rectification and impose penalties on the carrier.
      (1) For the transportation of hazardous chemicals, a fine of no less than RMB 10,000 and no more than RMB 50,000 shall be imposed;
      (2) Anyone who transports civilian explosives shall be subject to a fine of no less than RMB 50,000 and no more than RMB 200,000.
      (3) Anyone transporting fireworks and firecrackers shall be subject to a fine of no less than RMB 200 and no more than RMB 2,000.
      (4) For the transport of radioactive materials, a fine of no less than RMB 20,000 and no more than RMB 100,000 shall be imposed.
      Article 71: Where a carrier of dangerous goods violates Article 44 of these Measures by transporting highly toxic chemicals, civilian explosives, fireworks and firecrackers, or radioactive materials without carrying the corresponding certificates and reports on board the vehicle, the public security organ shall order rectification and impose penalties.
      (1) For the transport of highly toxic chemicals without carrying the road transport permit for highly toxic chemicals, a fine of no less than RMB 500 and no more than RMB 1,000 shall be imposed.
      (2) For the transport of civilian explosives without carrying the corresponding civilian explosives transport permit, a fine of no less than RMB 50,000 and no more than RMB 200,000 shall be imposed.
      (3) For the transport of fireworks and firecrackers without carrying the road transport permit for such items, a fine of not less than RMB 200 and not more than RMB 2,000 shall be imposed.
      (4) For the transport of radioactive materials without carrying the road transport permit or relevant documents, if there are illegal gains, a fine shall be imposed not exceeding three times the amount of such gains but capped at RMB 30,000; if there are no illegal gains, a fine of up to RMB 10,000 shall be imposed.
      Article 72: If a vehicle transporting dangerous goods violates Article 48 of these Measures by failing to follow the approved route or other prescribed conditions, the public security organ shall order rectification and impose penalties on the carrier.
      (1) For the transportation of highly toxic chemicals, a fine of no less than RMB 1,000 and no more than RMB 10,000 shall be imposed;
      (2) Anyone who transports civilian explosives shall be subject to a fine of no less than RMB 50,000 and no more than RMB 200,000.
      (3) Anyone transporting fireworks and firecrackers shall be subject to a fine of no less than RMB 200 and no more than RMB 2,000.
      (4) For the transport of radioactive materials, a fine of no less than RMB 20,000 and no more than RMB 100,000 shall be imposed.
      Article 73: If a certification body for pressure‑vessel tanks of hazardous‑chemical tank trucks violates Article 38 of these Measures by issuing a certificate of compliance for such tanks that do not meet the relevant laws, regulations, and standards, it shall be subject to penalties in accordance with applicable laws and regulations.
      Article 74 The departments of transport, industry and information technology, public security, ecological environment, emergency management, and market supervision administration shall notify one another of relevant penalty information and promptly aggregate administrative penalty information involving enterprises into the National Enterprise Credit Information Publicity System, making such information publicly available in accordance with the law.
      Article 75: Staff members of departments entrusted with the safety supervision and administration of road transportation of dangerous goods who abuse their authority, neglect their duties, or engage in corruption and malpractice in the course of such supervision shall be subject to disciplinary action in accordance with the law; if their conduct constitutes a crime, they shall be held criminally liable in accordance with the law.
      Chapter X Supplementary Provisions
      Article 76. The safety management of the transport of dangerous goods by military vehicles shall not be subject to these Measures.
      Article 77: The road transport safety management of hazardous chemicals not listed in the “Rules for Road Transport of Dangerous Goods” (JT/T 617), as well as hazardous wastes explicitly exempted from regulatory control during their transfer and transportation stages under the “National Catalogue of Hazardous Wastes,” shall not be governed by these Measures. Instead, the competent authorities of the State Council responsible for transport, ecological environment, and other relevant sectors shall, in accordance with their respective duties, formulate separate regulations.
      Article 78: The following terms used in these Measures shall have the meanings set forth below:
      (1) Dangerous goods refer to substances or articles that, as listed in the “Rules for the Road Transport of Dangerous Goods” (JT/T 617), possess hazardous characteristics such as explosiveness, flammability, toxicity, infectivity, corrosivity, or radioactivity.
      (2) Exceptional‑quantity dangerous goods refer to dangerous goods listed in the “Rules for the Road Transport of Dangerous Goods” (JT/T 617) that, through compliance with specific requirements regarding packaging, package testing, documentation, and other measures, have their transport hazards eliminated or reduced and are thus exempted from certain transport conditions.
      (3) Limited‑quantity dangerous goods refer to dangerous goods listed in the “Rules for the Road Transport of Dangerous Goods” (JT/T 617), which, through specific requirements such as quantity limits, packaging, and marking, have their transport hazards eliminated or reduced and are exempted from certain transport conditions.
      (4) The shipper refers to any enterprise or entity that, upon the consignor’s authorization, loads dangerous goods into dangerous‑goods vehicles, tank bodies of tank vehicles, portable tank containers, containers, bulk containers, or loads packaged containers containing dangerous goods onto vehicles.
      Article 79 This Measures shall come into force on January 1, 2020.

     

    Source: China Chemical News Author: China Chemical Network Editor: bianji2

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