Measures for the Administration of Road Transportation Safety of Hazardous Goods

Measures for the Administration of Road Transportation Safety of Hazardous Goods Order of the Ministry of Health of the People's Republic of China (No. 29 [2019]) The Measures for the Administration of Road Transportation Safety of Hazardous Goods, as adopted at the 15th executive meeting on July 10, 2019, are hereby issued and shall come into force on January 1, 2020. Minister of Transport: Li Xiaopeng Minister of Industry and Information Technology: Miao Wei Minister of Public Security: Zhao Kezhi Minister of Ecology and Environment: Li Ganjie Minister of Emergency Management: Wang Yupu Director of the State Administration for Market Regulation: Xiao Yaqing November 10, 2019 Measures for the Administration of Road Transportation Safety of Hazardous Goods Chapter I General Provisions Article 1 For the purposes of strengthening the administration of road transportation safety of hazardous goods, preventing road transportation accidents of hazardous goods, protecting the safety of people's lives and property, and protect environment, these Measures are developed in accordance with the Work Safety Law of the People's Republic of China, the Regulation of the People's Republic of China on Road Transportation, the Regulation on the Safety Management of Hazardous Chemicals, the Regulation on the Safety Protection of Highways and other relevant laws and administrative regulations. Article 2 The safety administration of the transportation of hazardous goods with road transportation vehicles and relevant activities shall be governed by these Measures. Article 3 Road transportation of hazardous goods shall insist on the principles of safety first, focusing on prevention, comprehensive governance and convenient transportation. Article 4 The communications administrative department under the State Council shall be in charge of the administration of road transportation of hazardous goods across the country. Competent transport departments of the local people's governments at or above the county level shall be responsible for organizing and leading the administration of road transportation of hazardous goods within their respective administrative regions. The departments of industry and information technology, public security, ecology and environment, emergency management, and market regulation, among others, shall be responsible for the supervision and inspection of activities concerning the road transportation of hazardous goods according to their functions. Article 5 The state shall establish a platform for sharing of information on the supervision and administration of hazardous chemicals and strengthen the administration of road transportation safety of hazardous goods. Article 6 Hazardous goods prohibited to be transported by laws and administrative regulations shall not be consigned or carried. Article 7 Consignors, carriers and loaders shall develop rules for the inspection and recording of road transportation operations of hazardous goods, and rules for the administration of the work safety of personnel safety education and training, equipment management and post operation specifications, among others. Consignors, carriers and loaders shall, according to the requirements of the relevant laws and regulations and the Regulation on Road Transportation of Hazardous Goods (JT/T 617), provide pre-job safety education and training and regular safety education for their relevant practitioners. Personnel having not passed the examinations of pre-job safety education and training shall not take their posts. Consignors, carriers and loaders shall appropriately keep their safety education, training and examination records. Pre-job safety education and training and examination records shall be kept for 12 months after dimission of relevant practitioners; and the regular safety education records shall be kept for not less than 12 months. Article 8 The state shall encourage enterprises engaging on road transportation of hazardous goods to apply advanced technology and equipment to carry out professional and intensive business operation. Hazardous goods transportation vehicles shall be prohibited from conducting business operation by affiliation. Chapter II Consignment of Hazardous Goods Article 9 Consignors of hazardous goods shall entrust carriage of hazardous goods to enterprises with corresponding qualifications for road transportation of hazardous goods. The consignment of civil explosives, fireworks and crackers shall be entrusted to enterprises with the qualifications for the transportation of Class I explosives or corresponding items of Class I explosives. Article 10 Consignors shall, according to the Regulation on Road Transportation of Hazardous Goods (JT/T617), determine the category, item, product name and number of hazardous goods, and satisfy the requirements of relevant special provisions. Where inhibitors or stabilizers need to be added, a consignor shall add them according to the provisions and notify carriers of the relevant information. Article 11 A consignor shall not carry hazardous goods in general goods in violation of regulations, conceal hazardous goods, or falsely report hazardous goods as general goods for carriage. Article 12 Consignors shall, according to the Regulation on Road Transportation of Hazardous Goods (JT/T617), appropriately pack hazardous goods and set corresponding marks of hazardous goods on the outer packages. Article 13 When consigning hazardous goods, a consignor shall submit an electronic or paper consignment list of hazardous goods to the carrier. A consignment list of hazardous goods shall specify the consignor, carrier, consignee, loader, place of departure, destination, category, item, product name, number, package, specifications, quantity, emergency contact telephone number, and other information on the hazardous goods, as well as the hazard characteristics, transportation precautions, first aid measures, fire-fighting measures, emergency disposal of leakage, measures for disposal of secondary environmental pollution and other information on the hazardous goods. A consignor shall appropriately keep a consignment list of hazardous goods for not less than 12 months. Article 14 A consignor shall ensure the emergency contact telephone number unimpeded throughout the transportation of hazardous goods. Article 15 A consignor consigning highly toxic chemicals, civil explosives, fireworks and crackers or radioactive articles shall provide the carrier with a road transportation pass for highly toxic chemicals, transportation permit for civil explosives, road transportation permit for fireworks and crackers, and road transportation permit certificate or document for radioactive articles verified and issued by the public security organ. A consignor consigning Class I radioactive articles shall provide the carrier with a nuclear and radiation safety analysis report on the transportation of radioactive articles approved by the nuclear safety regulatory department under the State Council. A consignor consigning hazardous wastes (including medical wastes, here and below) shall provide the carrier with an electronic or paper manifest of hazardous wastes issued by the competent department of ecology and environment. Chapter III Special Provisions on the Transportation of Exceptional Quantities and Limited Quantities of Hazardous Goods Article 16 The packaging, mark and parcel test of exceptional quantities of hazardous goods, and the maximum quantity of hazardous goods that can be transported by each inner container and outer container shall satisfy the requirements of the Regulation on Road Transportation of Hazardous Goods (JT/T617). Article 17 The packaging and marks of limited quantity of hazardous goods, and maximum quantity and gross mass (including packaging) of each inner container or article shall satisfy the requirements of the Regulation on Road Transportation of Hazardous Goods (JT/T617). Article 18 A consignor consigning an exceptional quantity of hazardous goods shall declare in writing to the carrier that the hazardous goods satisfy the packaging requirements of the Regulation on Road Transportation of Hazardous Goods (JT/T617). A carrier shall request a driver to bring a written statement along with the vehicle. A consignor shall indicate an exceptional quantity of hazardous goods and the quantity of parcels in the consignment list. Article 19 A consignor consigning a limited quantity of hazardous goods shall provide the carrier with a packaging performance test report or make a written statement that the hazardous goods satisfy the packaging requirements of the Regulation on Road Transportation of Hazardous Goods (JT/T617). A carrier shall request a driver to bring a test report or written statement along with the vehicle. A consignor shall indicate a limited quantity of hazardous goods and the quantity and gross quality of parcels (including package) in the consignment list. Article 20 Parcels of exceptional quantities and limited quantities of hazardous goods may be loaded by mixing with other hazardous goods and general goods, but parcels of limited quantities of hazardous goods shall not be loaded with explosives. Article 21 Where the number of parcels of exceptional quantities of hazardous goods carried by a transportation vehicle does not exceed 1,000 or the gross mass (including packaging) of limited quantities of hazardous goods carried by a transportation vehicle does not exceed 8,000 kg, the hazardous goods may be transported as general goods. Chapter IV Carriage of Hazardous Goods Article 22 Carriers of hazardous goods shall carry hazardous goods within the business scope permitted by the competent transport department. Article 23 Carriers of hazardous goods shall use vehicles and equipment whose safety technical conditions satisfy the requirements of the national standards and that match the nature and weight of the hazardous goods carried. A carrier of hazardous goods carrying hazardous goods with a tank vehicle for atmospheric pressure liquid hazardous goods shall carry goods within the scope of media suitable for loading for tank vehicles; and a carrier carrying hazardous goods with transportable pressure vessel shall carry goods according to the medium specified in the registration certificate for the use of transportable pressure vessels. A carrier of hazardous goods shall carry hazardous goods according to the carrying capacity approved for a transportation vehicle, without overloading. Article 24 A carrier of hazardous goods shall develop waybills of hazardous goods and hand them over to drivers for carrying along with vehicles. Waybills of hazardous goods shall be appropriately kept for not less than 12 months. The format of waybills of hazardous goods shall be developed by the communications administrative department under the State Council. Waybills of hazardous goods may be in electronic or paper form. Enterprises transporting hazardous wastes shall also enter and carry electronic or paper manifests of hazardous wastes along with vehicles. Article 25 A carrier of hazardous goods shall, prior to transportation, examine and make good records of the technical conditions of transportation vehicles, tanks of tank vehicles, movable tanks, tank containers and relevant equipment, and satellite positioning devices, and notify drivers and escorts of transportation safety matters. Article 26 Prior to start of transportation, drivers and escorts of road transportation vehicles for hazardous goods shall conduct appearance inspections of the transportation vehicles, tanks of tank vehicles, movable tanks and tank containers carrying hazardous goods, to ensure that there are no defects affecting transportation safety. Prior to start of transportation, drivers and escorts of road transportation vehicles for hazardous goods shall examine and confirm that marks are installed and hung on transportation vehicles for hazardous goods according to the requirements of the Vehicle Mark for Road Transportation of Hazardous Goods (GB 13392). For the transportation of explosives and highly toxic chemicals, it shall also be examined and confirmed that safety signs are installed and pasted according to the requirements of the Technical Safety Conditions for Road Transportation Vehicles for Explosives and Highly Toxic Chemicals (GB 20300). Article 27 Besides the provisions of these Measures, a carrier of hazardous goods shall also satisfy the requirements the Provisions on the Administration of Road Transportation of Hazardous Goods for transportation behaviors. Chapter V Loading and Unloading of Hazardous Goods Article 28 A loader shall examine the following matters before filling or loading goods; and shall not fill or load any goods, where the requirements are not satisfied: (1) Whether a vehicle has a valid driving license and operation certificate. (2) Whether the drivers and escorts have valid qualification certificates. (3) Whether the transportation vehi......