Provisions on the Administration of Road Transport of Dangerous Goods (2019 Amendment)

Provisions on the Administration of Road Transport of Dangerous Goods (2019 Amendment) Provisions on the Administration of Road Transport of Dangerous Goods (Issued by the Order of the Ministry of Transport on January 23, 2013, and revised for the first time in accordance with the Decision of the Ministry of Transport on Amending the Provisions on the Administration of Road Transport of Dangerous Goods by the Order No. 36 [2016] of the Ministry of Transport on April 11, 2016; and amended for the second time in accordance with the Decision of the Ministry of Transport to Amend the Provisions on the Administration of Road Transport of Hazardous Goods on November 28, 2019.) Chapter I General Provisions Article 1 In order to regulate the market order of road transport of dangerous goods, safeguard the people's lives and property, protect the environment and maintain the lawful rights and interests of all parties involved in the road transport of dangerous goods, these Provisions are formulated in accordance with the Regulation of the People's Republic of China on Road Transport , the Regulation on the Administration of the Safety of Hazardous Chemicals and other relevant laws and administrative regulations. Article 2 All those engaging in the road transport business operations of dangerous goods shall abide by these Provisions, but the transport of military dangerous goods shall be excluded. Where there are otherwise provisions on the road transport of some special dangerous goods such as civilian explosives, fireworks and radioactive substance in any law or administrative regulation, such provisions shall prevail. Article 3 For the purpose of these Provisions, “dangerous goods” refers to the explosive, inflammable, toxic, infectious or corrosive goods that are likely to cause personal casualties, property damage or environmental pollution and require special protection in the course of production, operation, transport, storage, use and disposal. Goods listed in the national standards- List of Dangerous Goods (GB12268) shall be deemed dangerous goods and, with regard to those not included in the List of Dangerous Goods, the provisions of the relevant laws and administrative regulations or the results released by the relevant department of the State Council shall be the standards. For the purpose of these Provisions, “road transport of dangerous goods” refers to the whole operational process in which goods vehicles are used to carry dangerous goods by road. For the purpose of these Provisions, “road transport vehicles for dangerous goods” (hereinafter referred to as special vehicles) refers to the goods vehicles that meet specific technical conditions and requirements and carry dangerous goods by road. Article 4 The classification, items, names of articles and the numbering thereof of dangerous goods shall be implemented in accordance with the national standards as prescribed in the Classification of Dangerous Goods and Numbering of Names of Articles (GB6944) and the Name List of Dangerous Goods (GB12268). The degrees of danger of dangerous goods are divided into Grades I, II and III in accordance with the Universal Technical Conditions for Transportation Packages of Dangerous Goods (GB12463). Article 5 Those engaging in the road transport of dangerous goods shall guarantee safety and ensure lawful transportation in honesty and good faith. Article 6 The State encourages large-scale professional production enterprises of hazardous chemicals with abundant technical strength, equipment and transportation conditions to engage in the road transport of dangerous goods; encourages the road transport enterprises of dangerous goods to conduct intensive and professional business operations, and promotes the use of special van vehicles, tank vehicles and containers for the carriage of dangerous goods. Article 7 The Ministry of Transport shall be in charge of the administration of road transport of dangerous goods throughout the country. The competent transport departments of the people's governments at or above the county level shall be responsible for organizing and leading the administration of road transport of dangerous goods within their respective administrative regions. The road transport administrative organs at or above the county levels shall be responsible for the specific implementation of administration on road transport of dangerous goods. Chapter II Licensing for the Road Transport of Dangerous Goods Article 8 An applicant who applies for engaging in the operation of road transport of dangerous goods shall meet the following requirements: 1. The applicant shall have special vehicles and equipment meeting the following requirements: (1) It shall own five or more special vehicles (except trailers); or own ten or more special vehicles (except trailers) where it transports highly toxic chemicals and explosives. (2) The technical requirements for special vehicles shall comply with the relevant provisions of the Provisions on the Technical Administration of Road Transport Vehicles . (3) It shall have effective communication tools. (4) Special vehicles shall be installed with GPS devices with driving recording functions. (5) It shall have tank vehicles, van vehicles, pressure vessels or other special containers, if it transports highly toxic, explosive hazardous chemicals or hazardous chemicals that can be used to produce explosives; (6)The tanks of special tank vehicles shall pass the test of the quality inspection department, and the total mass of a special tank vehicle after loading shall match the ratified load capacity thereof. The volume of the tank of a special tank vehicle for carrying explosives or highly corrosive dangerous goods shall not exceed 20 cubic meters, and the volume of the tank of a special tank vehicle for carrying highly toxic goods shall not exceed 10 cubic meters, but with the exception of tank containers meeting the relevant national standards; (7) The ratified load capacity of a non-tank special vehicle for transporting highly toxic, explosive or highly corrosive dangerous goods shall not exceed 10 tons, except vehicles for transporting containers meeting the relevant national standards. (8) It shall have safety protection, environmental protection and fire-fighting facilities and equipment suitable to the nature of the dangerous goods transported. 2. The applicant shall have a parking ground meeting the following requirements: (1)The parking ground has been owned or leased by the applicant for a period of more than three years, and should match the business scope and scale and be located in the municipal administrative areas where the enterprise is registered. (2) Where the number of special vehicles and special tank vehicles that transport highly toxic chemicals and explosives is 20 or less, the area of the parking ground shall not be less than 1.5 times the orthographic projection area of such vehicles, and where the number of such vehicles is more than 20, the parking area of each exceeding vehicle shall not be less than the orthographic projection area of the vehicle; in the case of transporting other dangerous goods, if the number of special vehicles is 10 or less, the area of the parking ground shall not be less than 1.5 times the orthographic projection area of such vehicles, and where the number of such vehicles is more than 10, the parking area of each exceeding vehicle shall not be less than the orthographic projection area of the vehicle. (3) The parking ground should be closed and have clear signs established, and may not hinder the lives of residents and threaten the public safety. 3. It shall have practitioners and security management personnel that meet the following requirements: (1) The drivers of special vehicles shall have obtained corresponding motor vehicle driving licenses and are below the age of 60. (2) The drivers, loading and unloading management personnel and transport escorts that engage in the road transport of dangerous goods shall have passed the examinations of the competent transport departments of the people's government at the districted city level, and have obtained qualification certificates; The drivers, loading and unloading management personnel and transport escorts that engage in the road transport of highly toxic chemicals and explosives shall have passed examinations and obtained the qualification certificates indicated as the category of “transporting of highly toxic chemicals” or “transporting of explosives.” (3) The enterprise shall have full-time security management personnel. 4. It shall have sound safety production management rules: (1) Work safety responsibility rules for the enterprise's major person in-charge, persons in charge of the safety management department, and full-time security management personnel. (2) Work safety responsibility rules for practitioners. (3) Rules for work safety supervision and inspection. (4) Rules for work safety education and training. (5) Work safety management rules for practitioners, vehicles, equipment or parking ground. (6) Rules for emergency response plans. (7) Work safety operation rules. (8) Rules for work safety assessment, rewards and punishments. (9) Rules for the report, statistics and handling of safety accidents. Article 9 An enterprise or public institution that meets the following requirements may use its own special vehicles to carry out non-business road transport of dangerous goods for its own: 1. Falling under any of the following enterprises or public institutions: (1) The enterprises as established upon approval of the administrative department of work safety at or above the provincial level that produce, use or store hazardous chemicals; or (2) The enterprises or public institutions of scientific research or military industry that have special demands. 2. The enterprises or public institutions that meet the conditions as set forth in Article 8, but the self-owned special vehicles thereof may be less than five. Article 10 An enterprise that applies for engaging in the operation of road transport of dangerous goods shall, after undergoing the relevant registration formalities with the administrative department for industry and commerce in accordance with the law, file an application with the local road transport administrative organ at the districted city level, and provide the following materials: 1. An Application Form for Road Transport Business Operations of Dangerous Goods, including the basic information of the applicant, the scope of dangerous goods to be transported under application (the categories, items and names thereof, and if such goods are highly toxic chemicals, “highly toxic” should be marked). 2. The identity certificate of the investor or principal that is to act as the legal representative of the enterprise and the photocopies thereof, the identity certificate of the person who handles the specific matters and the photocopy thereof, as well as a written power of attorney;. 3. The full text of the articles of association of the enterprise. 4. Documents for proving the condition of special vehicles and equipment, including: (1) Where the enterprise does not purchase any special vehicle or equipment, it shall submit a letter of commitment on vehicles and equipment to be used, including the quantity, types, technical grades, total mass, ratified load capacity, number of axles and outer dimensions of special vehicles; the condition of communication tools and GPS devices; the tank volume of special tank vehicles; the matching of the ratified load capacity of vehicles with the total mass of special tank vehicles after loading goods; the ratified load capacity of special vehicles that transport highly toxic chemicals, explosives or hazardous chemicals that can be used to produce explosives. The commitment period shall not be more than one year. (2) Where the enterprise has purchased special vehicles and equipment, it shall provide vehicle license, ratings of the technical grades of vehicles; communication tools and GPS devices; tank inspection certificate or inspection report of a special tank vehicle as well the photocopies and other relevant materials thereof. 5. Where the enterprise is to employ full-time security management personnel, drivers, loading and unloading management personnel and transport escorts, the enterprise shall submit a letter of commitment on employment plan, and the commitment period shall not be more than one year; the enterprise that has employed such personnel shall provide their qualification certificates and the photocopies thereof as well as driving licenses and photocopies thereof. 6. The land use certificate of the parking ground and its leasing contract, a plan of the parking ground and other materials. 7. A list of relevant security protection, environmental protection and fire fighting equipment arranged. 8. The full text o......