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

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　　Article 28 No objects adversely affecting the efficacy of navigational aids may be erected around them. Strong lights that hinder navigational safety or any lights that may mix up with navigational aids on both sides of navigational lanes， shall be properly screened.

　　Article 29 Without the approval of the competent authorities or administrative departments for navigation lanes， no units or individuals may remove navigational aids. If navigational aids have been removed or damaged， it must be immediately reported to the competent authorities or administrative departments for navigational lanes.

　　Article 30 Applications annexed by illustrations shall be made to the harbour superintendencies for approval before the coastlines of the harbour areas may be used. Without the examination and approval of the competent authorities， no installations may be constructed on the coastlines of the harbour areas.

　　Article 31 Approval shall be sought from the competent authorities and navigational warnings or notices be issued before restricted navigation-zones may be set up and surface or underwater construction， sports competitions and other activities affecting traffic safety may be carried out.

　　Before a restricted military navigation zone is designated， agreement shall be reached through consultation with the competent authorities， which shall then issue navigational warnings or notices.

　　Article 32 The designation and adjustment of traffic control zones， anchorages and berthing areas must be submitted， with the consent of the local people's governments， by the competent authorities， to organs at higher levels for approval.

　　Article 33 It is forbidden to set up fixed fishing nets and fishing nets cutting across rivers or to grow water plants in habitual navigational lanes. The competent authorities shall order the owners of these unauthorized fishing nets and water plants to eliminate them or have them eliminated by coercion.

　　Article 34 It is forbidden to dump gravel and trash into navigational lanes.

　　Article 35 If vessels， installations or objects which obstruct safe naviga

tion sink in navigable waters， the owners or operators must set up marks according to the relevant provisions and report to the competent authorities.

　　Article 36 Sunken and drifting objects that may affect the safety of navigation and constitute potential threats shall be gotten away with by the owners or operators before a deadline set by the competent authorities. If these objects are not duly cleared away， the competent authorities shall have the right to take coercive measures to that end， and all the costs thereof shall be borne by the owners or operators of the sunken or drifting objects. The provisions of the previous paragraph of this Article shall not affect the rights of owners and operators of sunken or drifting objects to demand compensation from third parties.

　　Article 37 Without the approval of the competent authorities， sunken ships and objects in the navigable waters may not be salvaged or dismantled.

　　Article 38 After installations are moved or scrapped， sunken ships and objects salvaged or cleared away， and the rounding-off work of the surface or underwater construction handled， no objects may be left to hinder the safety of navigation， berthing and operations.

　　Article 39 Vessels， rafts， installations and personnel shall promptly report to the competent authorities if they discover any of the following situations：

　　（1） if navigational lanes change；

　　（2） if there are objects hindering safe navigation；

　　（3） if navigational aids are damaged or abnormal， moved or lost；

　　（4） if there is any other situation hindering safe navigation.

　　Article 40 The competent authorities shall be responsible for uniformly issuing and administering inland water navigational warnings and navigational notices.

　　Chapter VIII Assistance and Rescue

　　Article 41 Vessels， rafts and installations that are in distress shall adopt all effective measures to organize self-help and promptly report to the nearest competent authorities as well as their owners or operators the time and scene of the accident， the extent of damage， the assistance required and the cause of the accident.

　　Article 42 Vessels， rafts， installations or personnel in the vicinity of the scene of an accident that have received distress signals， shall do their best to rescue the personnel and report promptly to the nearest competent authorities the situation at the scene.

　　Article 43 The vessels， rafts and installations involved in a collision shall， under circumstances where there is no danger to their own safety， do their best to offer assistance and may not leave the scene of the accident without authorization.

　　Article 44 Upon receipt of a report calling for rescue， the competent authorities must immediately organize a rescue operation. Departments concerned and vessels， rafts， installations and personnel in the vicinity of the scene of the accident shall follow the unified directions of the competent authorities.

　　Chapter IX Investigation and Handling of Traffic Accidents

　　Article 45 Vessels， rafts and installations involved in traffic accidents shall present accident reports and related materials to the competent authorities and subject themselves to investigations and handling of the matter.

　　Traffic accidents involving bamboo and wooden rafts shall be investigated and handled by the competent authorities in conjunction with the departments in charge of forestry.

　　Article 46 The competent authorities shall， upon receipt of accident reports， organize investigations. The parties involved in the accidents and persons concerned must， during investigation by the competent authorities， provide truthful information relating to the accidents.

　　Article 47 If a traffic accident gives rise to a civil dispute， the parties involved may apply to the competent authorities for conciliation. If the parties do not appl

y for conciliation or conciliation is not successful， they may bring a suit before the people's court. Parties to a case involving foreign interests may also， based on a written agreement， submit the case to an arbitration institution concerning foreign related matters for arbitration.

　　Chapter X Awards and Penalties

　　Article 48 Those units or individuals that have done remarkably in ensuring traffic safety by preventing or reducing personnel casualties and by preventing or reducing property losses shall be commended or awarded by the competent authorities or by their units.

　　Article 49 With respect to the persons who have violated the provisions of these Regulations or who are held liable for traffic accidents， the competent authorities may impose one or a number of the following penalties：

　　（1） a warning；

　　（2） withholding or revoking the licences or certificates；

　　（3） a fine.

　　Article 50 If a party does not accept the penalty （penalties） imposed by the competent authorities， he may within 15 days from the date of receiving the notice of the penalty （penalties）， bring a suit before the people's court； failure to bring a suit or comply with the penalty （penalties） within this period shall lead to petition by the competent authorities to the people's court for compulsory enforcement.

　　Article 51 Those punishable according to the relevant provisions concerning public security administration for violations of these Regulations shall be dealt with by public security organs； as for those criminally liable， the judicial organs shall in accordance with the law pursue their criminal liabilities.

　　Chapter XI Supplementary Provisions

　　Article 52 The following terms as used in these Regulations are defined as follows： “Inland navigable waters” refers to the navigable waters in the rivers， lakes， reservoirs and canals as well as harbours within the People's Republic of China. “Vessels” refers to all types of displacement or non- displacement ships， boats and mobile platforms.

　　“Installations” refers to all types of structures， installations， pipelines and electric cables， on the surface or underwater， fixed or floating， and fixed platforms as well. “Operations” refers to loading and unloading， exploration， exploitation， survey， construction， dredging， demolition， salvage， rescue， fishing， aquatic breeding， diving， scientific experimentation and other surface or underwater construction carried out in navigable waters and their shorelines.

　　“Traffic accidents” refers to collision， running aground， running on rocks， damage through contact， damage by waves， windstorm， fire and other accidents happening to vessels， rafts and installations.

　　Article 53 Vessels of foreign nationality entering and leaving the inland rivers shall observe， in addition to these Regulations， the relevant provisions of the People's Republic of China concerning administration of vessels of foreign nationality.

　　Article 54 The internal administration of zones under military control and military vessels as well as public security vessels shall be separately prescribed by the relevant departments of the State according to these Regulations.

　　Article 55 The internal administration such as registration and inspection of fishing vessels， examination and issuing of certificates for crew members of fishing vessels and investigation and handling of traffic accidents among fishing vessels shall be separately prescribed according to these Regulations by the State fisheries administration and fishing ports superintendency

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