中华人民共和国内河交通安全管理条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA CONCERNING THE AD-MINISTRATION OF TRA
2009-03-24 法律英语 来源:互联网 作者: ℃(Promulgated by the State Council on December 16, 1986)
颁布日期:19861216 实施日期:19870101 颁布单位:国务院
Chapter I General Provisions
Article 1 These Regulations are formulated to improve the administration of traffic safety on inland waters, ensure the safety of vessels, rafts, installations, human lives and property and thus facilitate the development of socialist construction.
Article 2 These Regulations shall apply to all vessels, rafts, installations and personnel, and to the owners and operators of vessels, rafts and installations (hereafter shortened to “owners” and “operators”) that navigate, berth, or operate on the inland navigable waters of the People's Republic of China.
The inland navigable waters mentioned in the previous paragraph shall also cover the waters under Chinese jurisdiction in border rivers. However, if agreements have been concluded between the Chinese government and the governments of other countries, the agreements shall prevail.
Article 3 The harbour superintendencies set up by the communications departments at various levels shall be the competent authorities responsible for exercising the unified supervision and control of traffic safety on inland waters.
Chapter II Vessels, Rafts, Installations and Personnel
Article 4 Vessels must meet the following requirements before they are allowed to navigate:
(1) holding technical certificates or documents verified as qualified by the vessel inspection departments after the inspection whereon;
(2) holding vessel nationality certificates, or vessel registration certificates or vessel licences;
(3) holding insurance policies or insurance certificates as is required of vessels which must take out vessel insurance according to the relevant stipulations of the State;
(4) being manned with, according to the relevant State stipulations, crew members in charge of technical work, chief crewmen, ferrymen and other crew members who are holding valid certificates of job qualification.
Article 5 The captains, chief engineers, pilots, engineers and radio and telephone operators of power-driven vessels shall pass examinations and hold valid certificates of job qualification.
The chief crewmen and ferrymen of non-motorized vessels shall pass examinations and hold qualification documents.
All other crew members must go through safety instructions and specialized technical training.
Article 6 Bamboo and wooden rafts shall be fitted out with necessary equipment for safe navigation, lifesaving appliance and rafters qualified for safe navigation. The fixed number of rafters to be provided shall be stipulated by the competent department in charge of forestry. Chief rafters shall have received special training by the department in charge of forestry and hold qualification documents.
The administration of rafters for tourist rafts shall be stipulated by the competent authorities in conjunction with relevant departments.
Article 7 Installations shall be fitted out with safety equipment and personnel according to stipulations of the State.
Article 8 Vessels shall, in accordance with stipulations of the State, pay harbour dues to the competent authorities.
Chapter III Owners and Operators
Article 9 Owners and operators must abide by these Regulations and the stipulations of the State concerning traffic safety.
Article 10 Owners and operators must be responsible for the safety of the vessels, rafts and installations they own or operate and shall perform the following obligations:
(1) administration of vessels, rafts and installations shall be strengthened in terms of safety and technology to keep them in good shape for navigation or good technical conditions;
(2) the relevant State stipulations must be accorded with in employing crew membe
rs, rafters or other personnel. It is forbidden to employ captains, chief engineers, pilots, engineers, radio operators, telephone operators, chief crewmen, ferrymen and rafters who do not hold valid certificates of job qualification or qualification documents;
(3) technical training and safety instructions shall be strengthened for crew members, rafters and other personnel; the employees may not be forced to operate against regulations;
(4) vessels shall be properly dispatched according to the technical functions of vessels, the qualifications of crew members, the conditions of the assigned navigation areas and also the hydrological and meteorological conditions;
(5) they shall be subject to the supervision, examination and administration of the competent organs.
Chapter IV Navigation, Berthing and Operations
Article 11 In navigation, berthing and operations, vessels, rafts and installations must abide by the relevant laws, regulations and other rules and regulations concerning harbour navigation of the People's Republic of China.
Article 12 Vessels of foreign nationality entering and leaving the inland harbours of the People's Republic of China that are open to foreign vessels must obtain the approval of the competent authorities and apply to be navigated by a Chinese pilot in advance. While they are entering and leaving the harbours or navigating in inland rivers, foreign vessels must be subject to the examination and supervision of the competent authorities.
Article 13 Vessels of Chinese nationality entering and leaving inland harbours shall get port entry and departure visas or accept inspection.
Article 14 When entering or leaving the harbours or passing through traffic control areas, crowded navigable areas and regions with limited navigational capacities, vessels must observe the special provisions promulgated by the Ministry of Communications of the People's Republic of China or the competent authorities.
Article 15 Except as specially permitted by the competent authorities, vessels and rafts are prohibited from entering or cutting across restricted navigation zones.
Article 16 Vessels shall not engage in transportation with overload. Vessels not equipped for carrying passengers are prohibited from taking on passengers without permission.
Article 17 Vessels engaged in towing navigation shall observe the relevant stipulations.
Article 18 Vessels shall navigate in the approved navigation areas at a speed which is fast enough to ensure their own safety but not so fast as to endanger the safety of other vessels, rafts and installations. Vessels shall navigate at the prescribed speed in the areas where speed is restricted and during periods of high water levels in flood seasons.
Article 19 The berthing of vessels and rafts shall not obstruct other vessels and rafts from navigating normally or endanger the safety of installations and dykes. Except for unmanned tug boats, there must be adequate number of crew members on duty on board the vessels lying at anchor to ensure the vessels' safety.
Article 20 Manned or towed bamboo and wooden rafts in navigable rivers shall observe the relevant stipulations formulated by the competent authorities in conjunction with the competent department in charge of forestry.
Article 21 The competent authorities shall have the right to forbid a vessel, raft or installation from leaving the harbour, or order it to stop navigation, cease operations or sail to the designated spot, under any one of the following circumstances:
(1) it has violated relevant laws, regulations or other rules and regulations of the People's Republic of China;
(2) it is in a condition not suitable for navigation or towing;
(3) it is involved in a traffic accident and the formalities have not been completed;
(4) it has not paid the fee
s that are due, nor has it submitted a suitable guarantee therefor, to the competent authorities or relevant department; or
(5) it will in any way jeopardize traffic safety.
Article 22 When vessels, rafts and installations are involved in accidents that jeopardize or may jeopardize traffic safety, the competent authorities has the right to handle the matter by adopting compulsory measures.
Chapter V Control of Dangerous Goods
Article 23 When vessels, rafts and installations store, load, unload and transport dangerous goods, they must abide by the provisions of the State concerning the control of dangerous goods and their transport.
Article 24 When vessels load and unload dangerous goods at harbours or carry them into or out of harbours, they shall report to the local competent authorities for approval in advance according to the relevant provisions of the State.
Chapter VI Administration of Ferries
Article 25 The setting-up or removal of urban ferries shall be approved by the organs designated by local people's governments. The setting-up or removal of other ferries shall be approved by the people's governments at the county level or above. It is forbidden to set up or remove ferries or ferry passengers before the approval is obtained.
Article 26 Departments of ferry administration shall strengthen safety control of ferries. The competent authorities shall strengthen supervision and direction for this purpose.
Chapter VII Guarantee for Safety
Article 27 Administrative departments for navigation channels and navigational aids shall strengthen administration and maintenance of navigational channels and navigational aids, keep channels unblocked and navigational aids distinct and effectiv
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