Measures of Xinjiang Uygur Autonomous Region for the Control of Overloading and Overloading of Freight Transport Vehicles
(DecreeNo. 207th of the People’s Government of the Autonomous Region was promulgated on January 27, 2018 and shall come into force on April 1, 2018)
Chapter I General Principles
the first In order to control the overloading of goods transport vehicles, protect the personal and property safety of citizens, and ensure the integrity of highway facilities and road traffic safety, these measures are formulated in accordance with the Highway Law of People’s Republic of China (PRC), the Road Traffic Safety Law of the People’s Republic of China and relevant laws and regulations, and combined with the actual situation of the autonomous region.
the second These Measures shall be applicable to the governance of overloading behavior of freight transport vehicles (hereinafter referred to as freight vehicles) within the administrative area of the autonomous region.
Article The term "out-of-gauge transportation" as mentioned in these Measures refers to the behavior of a freight vehicle running on the highway when its overall dimensions, axle load or total mass exceed the limits prescribed by national standards or exceed the standards of load limit, height limit, width limit and length limit indicated by traffic signs.
The term "overload transportation" as mentioned in these Measures refers to the behavior of freight vehicles carrying more than the approved load quality and driving on the highway.
The term "freight source unit" as mentioned in these Measures refers to the business units of mines, cement plants, steel plants, gravel yards, construction sites, railway stations, road freight transport stations (including logistics parks and logistics centers), vegetable distribution stations and other cargo distribution centers and loading and unloading sites.
Article 4 The overload control of freight vehicles should adhere to the principles of government leadership, departmental linkage, comprehensive management, source control and traffic supervision.
Article 5 The people’s governments at or above the county level shall strengthen the leadership over the overload control of freight vehicles, organize the departments responsible for the supervision and management of overloaded vehicles to establish a coordination mechanism for the overload control of freight vehicles, clarify the division of responsibilities among departments, and incorporate the overload control of freight vehicles into the assessment scope of the target responsibility system for safety production of the people’s government at the same level.
The township (town) people’s government shall cooperate with the relevant people’s governments and their departments to perform the duties of overload control of freight vehicles.
Chapter II Responsibility for Overloading
Article 6 The departments responsible for the supervision and administration of the overloading of goods transported by vehicles shall, according to their respective duties, perform the relevant work responsibilities of overloading of goods transport vehicles according to law.
Article 7 The competent department of transportation is responsible for the management of the construction and operation of overload detection sites and overload information management systems; Organize highway management agencies to carry out road enforcement, investigate and deal with illegal vehicles exceeding the limit according to law, and supervise and eliminate illegal acts; Organize road transport management institutions to supervise the transport loading behavior of freight source units.
Article 8 The traffic administrative department of the public security organ is responsible for the management of overloaded transportation; Register and manage vehicles, and maintain the traffic and public order of overload detection sites; Carry out road enforcement and investigate and deal with illegal acts of overloading according to law.
Article 9 The economic and information technology department is responsible for supervising and inspecting the automobile production enterprises and products, and reporting the illegal production or modification of freight vehicles to the relevant competent departments of the state for handling.
Article 10 The quality and technical supervision and management department shall be responsible for the metrological verification or calibration of testing equipment and facilities according to law, and investigate and deal with automobile production enterprises and freight vehicles that do not meet the carrying standards or have not obtained compulsory product certification.
Article 11 The administrative department for industry and commerce is responsible for investigating and dealing with the acts of sales, maintenance and business units or individuals assembling or modifying vehicles without authorization, illegally selling and assembling or modifying vehicles without authorization, or maintaining scrapped vehicles.
Article 12 The safety production supervision and management department is responsible for assisting the relevant departments to investigate and deal with the behaviors of dangerous chemicals exceeding the limit, overloading and mixed loading, and investigating and handling the production safety accidents caused by exceeding the limit and overloading in conjunction with the relevant departments.
Article 13 Traffic management departments of transportation and public security organs shall establish and improve the blacklist system of illegal overloading transportation, and input the illegal overloading transportation behavior of vehicles into the social credit information sharing and exchange platform of the autonomous region, and implement joint credit punishment in accordance with the relevant provisions of the state and the autonomous region.
Article 14 In any of the following circumstances, it shall be included in the blacklist of illegal overloaded transportation:
(a) the illegal overloading of freight vehicles for more than 3 times within 1 year;
(two) the driver of the freight vehicle illegally exceeds the limit and overload transportation for more than 3 times within 1 year;
(3) illegal loading and stowage by the freight source unit for more than 3 times within one year;
(four) the road transport enterprise has illegally transported more than 10% of the total number of freight vehicles in the unit within one year, and has been ordered by the road transport management institution to suspend business for rectification;
(five) motor vehicle maintenance operators modify motor vehicles without authorization, and the business license is revoked if the circumstances are serious;
(six) instigating or forcing the driver of the vehicle to transport goods beyond the limit, and being fined more than 20 thousand yuan by the road transport management institution, or being given more than three administrative punishments within one year;
(seven) concealing relevant information or providing false materials to apply for an administrative license for out-of-gauge transportation, or obtaining an administrative license by cheating, bribery or other improper means;
(eight) the driver of the overloaded transport vehicle, the source unit of freight and the large-scale transport enterprise refuse the supervision and inspection of the relevant departments or provide false information without justifiable reasons;
(nine) due to traffic jams, forced card punching, violent resistance to the law, damage to related facilities and equipment, the public security organs shall be given administrative punishment;
(ten) due to illegal overloading caused a major accident and bear the same responsibility;
(eleven) violent resistance to the law caused death or injury.
Article 15 The people’s governments at or above the county level shall organize the departments responsible for the supervision and management of vehicles overloaded with goods, establish a joint law enforcement mechanism, clarify the organizational forms, procedures, authorities and responsibilities of joint law enforcement, and organize highway management organizations and traffic management departments of public security organs to station at overload detection sites according to actual needs to carry out joint law enforcement.
sequenceArticle 16 Transportation, public security and traffic management departments shall establish and improve the management information system of overloading transportation, and interconnect with other relevant information systems of departments responsible for the supervision and management of overloading transportation of vehicles, so as to realize information sharing.
Article 17 The people’s governments at or above the county level shall supervise the overload control work, investigate the responsibility of freight vehicles that are seriously overloaded or have serious consequences due to overloading, and investigate the fault liability of the loading and stowage freight source unit, the vehicle production or modification enterprise, the unit to which the vehicle belongs, and the departments or individuals responsible for the supervision and management of vehicle overloading and transporting goods.
Chapter III Source Management
Article 18 The production and sale of freight vehicles shall conform to the provisions of the national technical standards for motor vehicle safety on vehicle outline size, axle load, mass limit, etc., and the technical data of vehicles shall be calibrated in accordance with national regulations and design specifications.
sequenceArticle 19 It is forbidden to produce, sell and use assembled or modified freight vehicles without authorization.
Where it is necessary to refit a vehicle for transporting non-detachable articles, it shall be refitted by a vehicle manufacturer with corresponding qualifications in accordance with the vehicle model and technical parameters stipulated by the state, and shall apply to the traffic management department of the public security organ for change registration according to law.
The traffic management department of the public security organ and the road transport management institution shall inspect the assembly and modification of freight vehicles when handling the registration of freight vehicles, vehicle operation certificates and regular inspections; No registration, certification and inspection shall be granted to assembled or modified freight vehicles.
Article 20 The freight source unit shall comply with the following provisions:
(a) the establishment of cargo loading system, clear cargo loading, billing, weighing staff responsibilities;
(two) the installation of weighing equipment in the cargo loading site, and ensure the accurate measurement performance of weighing equipment; The use of compulsory verification of weighing equipment, shall regularly report to the statutory metrological verification institutions for verification;
(three) to maintain the normal operation of the video remote monitoring system equipment of this unit;
(four) to register the driver’s license, driving license, vehicle operation license and qualification certificate of freight vehicle drivers;
(five) according to the requirements of freight vehicle loading, stowage, truthfully weighing, billing, issuing the loading list;
(6) Register and count the loading and stowage of freight vehicles, establish a cargo loading ledger, and submit relevant information to the county (city) road transport management institution according to regulations;
(seven) accept the supervision and inspection of law enforcement personnel, and truthfully provide relevant information and materials.
Article 21 The freight source unit shall not carry out the following acts:
(1) Loading and stowage goods for freight vehicles beyond the standard;
(2) Loading and stowage goods for freight vehicles without licenses or licenses;
(3) Loading and stowage goods for freight vehicles that change the registered structure, structure or characteristics without authorization;
(4) Providing false loading certificates for overloaded freight vehicles.
Article 22 The people’s governments at or above the county level shall organize transportation, traffic management of public security organs, industrial and commercial administration and other departments to check the freight source units within their respective administrative areas, establish a list of key freight source units, and announce it to the public.
The road transport management institution shall sign a letter of responsibility with the key freight source unit, and clarify the content and form of the responsibility that should be borne by the overload.
Article 23 The road transport management institution shall strengthen the supervision and management of the loading site of key freight source units by means of inspection, technical monitoring or stagnation, and perform the following duties:
(a) to supervise and inspect the establishment and implementation of the cargo loading system;
(two) to check the cargo loading, stowage registration and statistics;
(three) found that the overload behavior immediately stop, the illegal acts shall be punished according to law; If it is not handled by this department, it shall be transferred to the relevant competent department in time.
Article 24 Freight operators shall not engage in overloading transportation, and the drivers of their freight vehicles shall be trained in loading and safety knowledge according to law, and shall not employ drivers of freight vehicles that do not meet the statutory conditions, and shall not instigate or force drivers of freight vehicles to overload and transport goods.
Article 25 The driver of a freight vehicle shall carry the loading certificate with the vehicle during transportation, and the actual loading situation shall be consistent with the contents specified in the loading certificate, and shall not drive an illegal, overloaded and overloaded freight vehicle.
Chapter IV Traffic Management
Article 26 If the overall dimensions, axle load or total mass of freight vehicles exceed the limits prescribed by national standards or exceed the standards of load limit, height limit, width limit and length limit indicated by traffic signs, and the load of freight vehicles exceeds the approved load mass, they shall not drive on the highway.
Article 27 Where a freight vehicle is overloaded with articles that cannot be disassembled, it shall obtain a pass for overloaded vehicles according to law and drive according to the time, route and speed of the license; The model of the out-of-gauge transport vehicle and the articles transported shall be consistent with the contents recorded in the pass, and the warning sign of out-of-gauge transport shall be hung at the obvious position of the car body.
Article 28 The competent department of transportation of the autonomous region shall, in accordance with the principles of unified planning, rational layout, total control and timely adjustment, put forward a plan for setting up the detection site for highway overload control, and report it to the people’s government at the same level for approval before implementation.
If it is necessary to set up overload detection sites for new construction and reconstruction of highways, the overload detection sites shall be regarded as an integral part of highway ancillary facilities, and shall be designed, constructed and operated simultaneously with the main highway project after approval by the people’s government of the autonomous region.
The overload detection site shall be equipped with facilities and equipment that meet the requirements of the state, and the supervision telephone number, overload identification standards and detection procedures shall be publicized.
Article 29 Highway management agencies and traffic management departments of public security organs can carry out inspection on freight vehicles at overload detection sites, and can also use mobile detection equipment or dynamic detection technology monitoring equipment according to road conditions to carry out inspection at important road intersections, cargo distribution centers, loading points or road sections prone to overloading and overloading. If it is found that the freight vehicle is overloaded in the flow detection, it shall be guided to the overload detection station nearby for processing.
If the monitoring equipment using dynamic detection technology finds that the freight vehicle is overloaded, it shall review the information records such as the total quality of freight vehicles and vehicle images; Upon examination and verification, it is confirmed that the vehicle is overloaded, and the owner of the freight vehicle shall be informed to go to the local highway management institution for treatment within the prescribed time limit.
Article 30 When highway management agencies and traffic management departments of public security organs conduct inspection according to law, the freight vehicles to be inspected shall drive into the designated area for inspection according to the instruction signs or the command of law enforcement personnel.
Article 31 Under any of the following circumstances, highway management agencies and traffic management departments of public security organs may apply measures such as towing away or legally detaining overloaded freight vehicles, but they shall not charge disposal fees to the parties:
(a) deliberately blocking the road, overload detection site channel;
(two) forcibly passing through the overload detection site, disrupting the detection order;
(three) to avoid detection by bypassing or short-distance barge;
(four) driving in violation of the time, route and speed specified in the pass for over-limit transport vehicles.
If the acts mentioned in the first and second paragraphs of the preceding paragraph seriously affect the traffic order, the highway management organization and the traffic management department of the public security organ shall immediately report to the local people’s government. The local people’s government shall organize relevant departments to rush to the scene, organize counseling, and deal with illegal acts according to law.
Article 32 Highway management agencies and traffic management departments of public security organs shall identify the overloading and overloading of freight vehicles, and shall pass the inspection of relevant measuring and testing equipment that has passed the inspection according to law, and issue inspection documents, and shall not judge whether freight vehicles are overloaded or not by visual inspection or experience.
Article 33 Where an overloaded freight vehicle that has been detected and identified transports decomposable articles, the highway management organization and the traffic management department of the public security organ shall order the carrier to take corrective measures such as self-unloading and repackaging to eliminate the illegal state. After unloading and repackaging, the freight vehicles shall be rechecked and can be driven on the road only after meeting the prescribed standards. Whoever transports non-disintegrable articles without authorization shall order the carrier to stop the illegal act, accept the investigation and handling, and inform him to go through the formalities of over-limit transportation license at the highway management organization.
If the carrier is unable to keep the sub-packed and unloaded goods by himself and needs to temporarily store them in the over-limit and overload detection site, it shall sign a storage agreement according to law. If the storage period agreed in the agreement is exceeded, the highway management organization and the traffic management department of the public security organ shall inform the carrier to clean it up within a time limit; If the unloaded goods are not cleaned up on schedule, the carrier shall pay the storage fee according to law, and the highway management organization and the traffic management department of the public security organ may handle them in accordance with the relevant laws and regulations.
Article 34 If the following goods are transported beyond the limit and overload, unloading and repackaging are not applicable, and punishment shall be given according to law, and the traffic management department of the public security organ or the department exercising the supervision responsibility of specific goods transportation according to law shall be notified for disposal:
(1) Undecomposable goods;
(two) refrigerators, color TVs, cars and other standard goods;
(three) vegetables, melons and other agricultural products or poultry, fish and other fresh products;
(4) Oils, combustible gases, dangerous chemicals or other inflammable and explosive goods;
(five) other goods that are not suitable for unloading and repackaging according to law.
Article 35 When weighing and testing the transport vehicles entering and leaving the border ports, the customs shall, in conjunction with the highway management agencies and the traffic management departments of the public security organs, deal with them to prevent the vehicles from entering and leaving the port.
Article 36 Highway management agencies and traffic management departments of public security organs shall not commit any of the following acts when performing law enforcement duties:
(1) Abusing or beating the parties concerned;
(two) unauthorized detention of vehicles, unauthorized disposal of unloaded goods;
(three) to release the overloaded transport vehicles that have not eliminated the illegal state;
(four) the behavior that should be punished according to law is not executed or only fined without unloading, and only fined without scoring;
(five) shielding, shielding or conniving at illegal acts;
(six) other acts stipulated by laws, regulations and rules.
Chapter V Legal Liability
Article 37 In violation of the provisions of the first paragraph of Article 18 and Article 19 of these measures, the quality and technical supervision, the administration for industry and commerce, the traffic control department of the public security organ and the road transport management institution shall be punished respectively in accordance with the People’s Republic of China (PRC) Product Quality Law, the Road Traffic Safety Law of the People’s Republic of China and other relevant laws, regulations and rules.
Article 38 In violation of the provisions of the provisions of article twenty-first, the road transport management institution shall be fined between 10 thousand yuan and 30 thousand yuan.
Article 39 In violation of the provisions of article twenty-fifth, the driver of a freight vehicle drives an illegal overloaded freight vehicle, and the traffic administrative department of the public security organ shall order him to eliminate the illegal act, and shall score the driver in accordance with the following provisions:
(a) vehicles carrying more than 30% of the approved load quality, a record of 6 points;
(two) the vehicle load exceeds the approved load quality of less than 30%, a record of 3 points;
(3) If the vehicle carries over-limit articles that cannot be disassembled, and fails to run in accordance with the prescribed time, route and speed, or fails to hang obvious signs, score 6 points at a time;
(four) the length, width and height of the vehicle exceed the prescribed limit, and 1 point will be scored at a time.
The driver who has accumulated more than 12 points in a scoring cycle shall detain the motor vehicle driver’s license according to law.
Article 40 If a public official who is responsible for the supervision and management of vehicles overloaded with goods violates the provisions of Article 36 of these measures, abuses his power, neglects his duty, neglects his duty or engages in malpractices for selfish ends, he shall be punished by the competent department at a higher level or the supervisory organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 41 These Measures shall come into force as of April 1, 2018.