"Transportation vehicle management regulations" has been adopted in August 2016 18 by the eighteenth executive meeting, is hereby promulgated and shall come into force as of September 21, 2016.
Article 1 in order to strengthen the transportation vehicle management, protection of highway facilities and people's life and property safety, according to "highway law" "Highway Safety Protection Ordinance" and other laws and administrative regulations, the provisions are formulated.
Second out of limit transport vehicles through the road for cargo transport, should comply with the provisions of this.
Article third the "over limit vehicles" as mentioned in these Provisions refers to the goods transport vehicles:
(a) the total height from the ground is more than 4 meters from the ground;
(two) the total width of the vehicle is more than 2.55 meters;
(three) the total length of the vehicle is more than 18.1 meters;
(four) two axle truck, the total quality of the vehicle is more than 18000 kg;
(five) three axle truck, the total quality of the vehicle is more than 25000 kg, three axle vehicle, the total quality of the vehicle is more than 27000 kg;
(six) four axle truck, the total quality of the vehicle is more than 31000 kg, four axle vehicle, the total quality of the vehicle is more than 36000 kg;
(seven) five axle vehicle train, the total quality of the vehicle is more than 43000 kg;
(eight) six shaft and more than six axis of the car, the total quality of the vehicle is more than 49000 kg, of which the tractor drive shaft for a single axis, the total quality of its vehicle goods more than 46000 kg.
The determination of the prescribed standards as prescribed in the preceding paragraph shall also comply with the following requirements:
(a) two shaft group according to the two axis, the three axis group according to the calculation of the three axis;
(two) in addition to the driving shaft, two axis, three axis group and the group of semi-trailer and full trailer axle of each side of the tire tire according to double calculation, if every single shaft of each side of the tire tire, reduce the limit standard of 3000 kg, except tires but the installation widened to meet the relevant national standards;
(three) the maximum allowable total mass of the vehicle shall not exceed the maximum allowable axle load of the axle;
(four) the total quality of tractors, agricultural vehicles and low-speed goods vehicles shall be limited to the total quality of the driving license;
(five) in line with "car, car and trailer train dimensions, axle load and limit value" (GB1589) refrigerated vehicles, the provisions of the car train, install air suspension vehicles and special vehicles, not identified as overloaded vehicles.
The Fourth Department of transportation is responsible for the management of the transportation of over limit vehicles in the whole country.
Local people's governments at or above the county level shall be responsible for the administration of the highway management of the over - limit transport vehicles within the administrative area.
Highway management agencies to undertake the specific transport vehicles over the road of supervision and management.
The relevant competent departments of the people's governments at or above the county level shall, in accordance with their respective functions and duties, be responsible for or participate in and cooperate with the supervision and administration of the vehicle driving road. Transport authorities should be under the unified leadership of the people's governments at the same level, and the relevant authorities to establish a mechanism for the work mechanism of excess transport linkage.
The Fifth transportation authorities at all levels shall organize the highway management agencies, road transport management institutions to establish relevant management information system, the implementation of overload vehicles management information system, highway management information system network, realize the data exchange and sharing.
The second chapter major transport license management
Sixth carrying non disintegration of goods transportation (hereinafter referred to large transport vehicles), shall handle relevant licensing procedures in accordance with the law, take effective measures, according to the specified time, route and speed of highway. Without permission, no highway.
The carrier of road transport operators seventh large transport the shipper shall be entrusted with the transport of large articles business qualification, relevant information and fill in the waybill name, check the specifications of the goods, weight etc..
The carrier shall apply to the highway administration institution for the application of the highway management institution in the following provisions to the highway administration institution before the eighth major transport vehicles:
(a) provinces, autonomous regions and municipalities directly under the central government for transport, submit a letter of application to the provincial highway management agencies departure, the authorities need to set out along the highway transportation via the provincial highway management agencies by road management organizations at the provincial level place of acceptance and approval of joint unified organization and coordination along the provincial highway management agencies, the necessary can be coordinated by the Ministry of transport with unified organization;
(two) districts across the province, the autonomous region within the scope of the city transportation, or in districts, municipalities within the county transportation, apply to the provincial highway management agencies, examination and approval by the acceptance;
(three) cross, in a city with districts within the county transportation, apply to the municipal highway administration, examination and approval by the acceptance;
(four) in the district and county within the scope of transport, to the county highway management agencies to apply, by its acceptance and approval. Ninth departments of transportation at all levels, highway management agencies should use information technology, the establishment of highway transportation license management platform, the implementation of online licensing procedures, and timely disclosure of relevant information. Article tenth the carrier shall submit the following materials for the transportation of the excess of the limit of the highway:
(a) application form of overloading in road transport, the main contents include the name of the goods, and the number of dimensions of quality, brand model, service quality, the number of axles, wheelbase and tire vehicles, cargo truck overall dimensions, total quality, axle load, the starting point, transportation route and travel time;
(two) the carrier's road transport business license, the person in charge of the identity documents and power of attorney;
(three) the vehicle driving license or temporary license plate.
The total height of goods vehicles from the ground is more than 4.5 meters, or the total width of more than 3.75 meters, or a total length of more than 28 meters, or the total mass of more than 100000 kilograms, and the other may seriously affect the road intact, safe and smooth situation, should also be submitted to outline the cargo truck record overall dimensions of information and escort plan.
Escort program should include the escort vehicle configuration program, escort personnel equipped with the program, the escort route instructions, escort operation rules, the exception handling and other related content.
The highway management institution shall not accept any of the following circumstances under which the eleventh carrier has made an application for an excess of highway transportation:
(a) the goods are in the;
(two) the operating qualification of the road transport business license held by the carrier does not include large transport;
(three) the carrier is restricted by law to limit the application of the highway overrun transport license under the limit of;
(four) other circumstances prescribed by laws and administrative rules and regulations.
Carrying a single non disintegration of goods transport vehicles, in the premise of not changing the original limit case, multiple varieties of the same goods cannot be dismantled, as non disintegration of goods transport.
Article twelfth highway management agencies to accept the application for highway transportation permits, shall be submitted to the carrier for review of the application materials. Belong to the second paragraph of article tenth regulations, highway management agencies shall examine the goods vehicles overall dimensions, mass and the axle load data and escort scheme, and to solicit the views of the traffic administrative department of public security organs at the same level.
Belong to the unified acceptance, centralized transportation for provinces, autonomous regions and municipalities, provincial transportation by road management organizations responsible for review.
Thirteenth highway management agencies to approve the application of highway transportation, should be based on the actual situation of the organization personnel survey. Need to take reinforcement, transformation measures, the carrier shall be in accordance with the provisions of the requirements to take effective reinforcement, transformation measures. Highway management agencies shall review the measures proposed by the carrier to review and organize the inspection and acceptance.
The carrier does not have the conditions and ability of reinforcement and reform measures, by way of an agreement, commissioned by the highway management agencies to formulate relevant reconstruction schemes, reinforcement, reinforcement and reconstruction by road management agencies, or by road management organizations by way of market selection with corresponding qualification unit of reinforcement and transformation.
The cost of strengthening and rebuilding measures shall be borne by the carrier. Related charges should be open and transparent.
Article fourteenth to take reinforcement, transformation measures should meet the safety requirements of highway facilities, and follow the following principles:
(1) temporary measures to be taken to facilitate the implementation, removal and recycling of temporary measures;
(two) to adopt a permanent or semi permanent measure, the implementation of technical transformation of highway facilities may be considered;
(three) strengthening and retrofit measures still can not meet the needs of large transport vehicles for highway facilities, can consider the renovation measures taken to build temporary bridge or sidewalk;
(four) there are many routes to choose from, and the priority selection of the technical condition of the bridge is high and the low cost of the reinforcement and reconstruction measures are adopted;
(five) at the same time, different out of limit transport applications, involving the same highway facilities to take reinforcement, transformation measures, by the carrier in accordance with the fair, voluntary principle of sharing the cost.
Fifteenth highway management agencies shall make an administrative licensing decision within the following time limit:
(a) the total height of goods vehicles from the ground is not more than 4.2 meters, the total width of not more than 3 meters, the total length of not more than 20 meters and the total quality of goods vehicles, the axle load does not exceed the provisions of article third, the provisions of article seventeenth of the standard, within 2 working days from the date of receiving the application made, belong to unified acceptance, centralized processing of provinces, autonomous regions and municipalities directly under the large transport, for the longest time shall not exceed 5 working days;
(two) the total height of goods vehicles from the ground is not more than 4.5 meters, the total width of not more than 3.75 meters, the total length of not more than 28 meters and the total mass not exceeding 100000 kg, which belongs to the transportation in this area, to within 5 working days from the date of receiving the application, acceptance, belong to the same concentration for the provinces, autonomous regions and municipalities directly under the large transport, for the longest time shall not exceed 10 working days;
(three) the total height of goods vehicles from the ground is more than 4.5 meters, or the total width of more than 3.75 meters, or a total length of more than 28 meters, or the total mass of more than 100000 kilograms, which belongs to the transportation in this area, to within 15 working days from the date of receiving the application, by science, belong to the same concentration for the provinces, autonomous regions and municipalities directly under the large transport, for the longest time shall not exceed 20 working days.
The time required for strengthening and transforming the measures shall not be calculated within the time limit prescribed in the preceding paragraph.
Sixteenth of the admissibility of provinces, autonomous regions and municipalities directly under the highway transportation application, highway management agencies at the provincial level shall be shipped within 2 workdays along the road via the provincial highway management agencies to the admissibility of the application data.
Belong to the first paragraph of article fifteenth the provisions of the second cases, passing along the road of the provincial highway management agencies shall receive the transfer application materials to make administrative licensing decision within 5 working days; belongs to the first paragraph of article fifteenth the provisions of the third cases, shall be received in transfer application materials from an administrative licensing decision 15 working days, and feedback to the provincial highway management agencies departure. Need to take reinforcement and reform measures, the relevant provincial highway management agencies in accordance with the provisions of article thirteenth; downstream provinces and autonomous regions and municipalities directly under the scope of the route or travel time adjustment, the provincial highway management agencies shall timely inform the carrier and the carrier, by road management organizations at the provincial level to organize and coordinate shipment processing.
Article seventeenth in any of the following circumstances, a highway management institution shall make a decision not to grant an administrative license in accordance with the law:
(a) the average axle load of a single axle of a vehicle is more than 10000 kg or the maximum axle load of more than 13000 kg;
(two) the use of multi axis multi wheel flat car hydraulic transport vehicle, each axis (for the first two 8 tires) the average axle load of more than 18000 kg or 20000 kg more than the maximum axial load;
(three) the carrier fails to perform the obligations of reinforcement and reconstruction;
(four) other circumstances prescribed by laws and administrative rules and regulations.
Eighteenth highway management agencies to approve the application of highway transportation, according to the specific circumstances of large transport, the specified time, route and speed of the road, and issued the "overrun transport vehicles pass". Among them, approved by the provinces, autonomous regions and municipalities directly under the transport, issued by the provincial highway management agencies departure.
The style of "over - limit transport vehicle passes" shall be formulated by the Ministry of communications, and the provincial highway management agencies shall be responsible for the printing and management of. Applicants can receive the license window or through the online self-help way to print.
Nineteenth with a large transport vehicle in the short term of multiple entry fixed routes, loading method and loading goods of the same, and do not need to take reinforcement and reform measures, the carrier may according to the transport plan of highway management agencies to apply for driving period not exceeding 6 months "overloaded vehicles pass". Transport plan changes, the need to apply the relevant provisions of the original permit authorities to change procedures.
The following provisions shall be observed in the twentieth major transport vehicles, which have been approved for heavy traffic: (a) to take effective measures to fix the goods, in accordance with the relevant requirements of the vehicle hanging on the obvious signs, to ensure the safety of transport;
(two) according to the specified time, route and speed;
(three) goods vehicles total quality overrun vehicles for highway bridges, should avoid braking, uniform travel center, on the bridge or stop transmission;
(four) the need for temporary parking on the road, in addition to comply with the relevant provisions of the road traffic safety, should also be set up warning signs in the vehicle, and take appropriate safety precautions; need long time parking or in case of bad weather, should be off the road, choose the nearest safe area at;
(five) the road facilities for the reinforcement and reconstruction measures shall be adopted by the carrier, and the carrier shall notify the maintenance and management unit of the highway facilities in advance, and strengthen the management and guidance of the road facilities;
(six) due to natural disasters or other unforeseen factors and road traffic anomaly resulting in large transport vehicles can not continue to run, the carrier shall be subject to on-site management and timely inform the highway management agencies made the decision about the administrative license, the coordination of local highway management agencies to take relevant measures to continue driving after.
Twenty-first large transport vehicles should be carried with the vehicle to carry the effective "overrun transport vehicles pass", take the initiative to accept the supervision and inspection of highway management agencies.
The relevant conditions of large transport vehicles and loading articles shall be consistent with the contents of the "out of gauge transport vehicle passes".
No unit or individual shall not lease, transfer "overloaded vehicles pass", or use of forged or altered "overloaded vehicles pass".
Article twenty-second for the provisions of the provisions of the second large transport vehicles, the carrier should be organized in accordance with the escort program escort.
The carrier can not take the escort measures, may be entrusted to make administrative licensing decisions of road management agencies to coordinate the highway along the highway management agencies to carry out the escort, and bear the cost of the required. Escort charges by the provincial transportation authorities in conjunction with the same level of finance, price departments in accordance with the provisions of the formulation, and to be publicized.
Twenty-third driving process, the escort vehicles should be the formation of a whole fleet of large transport vehicles, and to maintain real-time, smooth communication links.
Twenty-fourth approved large transport vehicles through the toll road toll by weight, according to the basic rate of standard to collect tolls, but the vehicles and goods loading and the "overloaded vehicles pass" recorded content inconsistent except.
Twenty-fifth highway management agencies should strengthen the area of major equipment manufacturing, transportation companies, to understand its manufacturing, transportation plans, strengthen service, to provide convenient conditions for major equipment transport.
Large transport demand for large areas, you can consider the construction costs, transport demand and other factors, the appropriate increase in the technical conditions of the passage of sections.
Highway twenty-sixth highway management enterprise management institutions, shall be in accordance with the relevant regulations, regular inspection and evaluation of highway, highway bridges, highway tunnels and other facilities, and provide convenience for the public inquiry the technical status information.
Highway toll station should be set in accordance with the relevant requirements of the ultra wide lane.
Twenty-seventh carrying goods can be divided into load transportation (hereinafter referred to as "illegal transportation vehicles, prohibited road).
Vehicle driving on the highway, the car goods overall dimensions or total quality does not exceed the provisions of the provisions of article third of the limit standard, but over the highway, highway bridges, highway tunnel limit load, the height and width limit, limit standard, not to drive on the highway, the highway bridge or tunnel.
Twenty-eighth coal, steel, cement, gravel, cars and other commodity distributing center of goods and freight station and other places of the operators and managers (hereinafter referred to as freight source units) shall, in the field of shipment (station) qualified to install detection equipment, exit (station) freight vehicle detection, ensure the appearance (station) freight vehicles legally loaded.
Twenty-ninth units of freight transport, road transport enterprises should strengthen the education and management of the driver of freight vehicles, and supervise their legitimate transport.
Road transport enterprises are responsible for the prevention of illegal transportation, should be strengthened in accordance with the relevant provisions of the vehicle loading and running the whole process of monitoring, to prevent the driver of the illegal transportation.
No unit or individual shall not instigate or force the driver of the vehicle illegal transportation of freight.
Thirtieth cargo vehicles are not allowed to drive the driver of illegal overloaded vehicles.
Thirty-first road transport management agencies should strengthen the supervision and inspection of the source of the government announced the focus of the source unit. Through inspections, technical supervision and other means to supervise the implementation of the vehicle to carry out the legal obligation to carry out the legal load, to stop the illegal transportation vehicles out of limit (station).
Thirty-second highway management agencies, the road transport management institution shall establish a joint working mechanism of law enforcement, the illegal transportation behavior into the road transport enterprise quality credit evaluation and driver integrity assessment, the implementation of the illegal transportation "blacklist" management system for freight vehicles, illegal transportation vehicle drivers, road transport companies, freight source the responsibility of units according to law.
Thirty-third highway management agencies should carry out inspection of freight vehicles. Out of limit test can take the fixed site detection, flow detection, technical monitoring, etc..
Article thirty-fourth to take a fixed site test, should be approved by the provincial people's Government approved the establishment of highway overrun detection station.
Thirty-fifth highway management agencies can use mobile testing equipment, to carry out the flow detection. The flow detection and identification of the illegal transportation vehicles, should be guided to the nearest highway overrun detection station for processing.
Flow detection point away from the highway overrun detection station, law enforcement should be directed to the nearest station transportation departments at or above the county level shall designate and released, parking lot, unloading field and unloading conditions with parking places or places for processing.
Thirty-sixth identified by detection of illegal transportation, highway management agencies shall order the parties to take measures such as unloading, to eliminate illegal status; the parties to eliminate illegal status is indeed difficult, may entrust third or highway management agencies to help eliminate illegal status.
Is not the disintegration of goods carriage, in an investigation after the treatment, the need to continue to run on the highway, highway transportation license shall apply the law.
Thirty-seventh highway management agencies to detect vehicles overrun, not to charge detection costs. In accordance with the law to detain or park to accept the investigation and handling of the overloaded transport vehicles, shall not charge parking fees. By road management agencies to assist in unloading, packaging or storage unloading of goods, storage period by the notifying party does not accept, can be dealt with in accordance with the relevant provisions.
Thirty-eighth highway management agencies should use the vehicle overloading detection testing equipment qualification by the relevant departments of the state; no regular verification or examination unqualified, the test data may serve as a basis for law enforcement.
Thirty-ninth toll highway entrance shall be in accordance with the provisions set up testing equipment, freight vehicles are detected, not allowed to release the illegal transportation vehicles into the highway. Other toll road toll fees, the use of detection equipment to detect illegal transportation vehicles, the right to refuse its access. The toll road management and management shall report the illegal and overrun transportation vehicles to the highway management agencies or the public security organs in a timely manner to deal with the traffic management department of the public security organs in a timely manner.
Highway management agencies have the right to access and transfer of highway toll station vehicle weighing data, photos, video surveillance and other relevant information, after confirmation can be used as evidence of administrative penalty.
Fortieth highway management agencies should be based on the need to protect the highway, in important sections and node ordinary highway cargo transportation main channel, an important bridge entrance and open highway, set the vehicle detection technology of monitoring equipment, to investigate and punish the illegal transportation behavior.
Forty-first new, reconstruction of the road, should be in accordance with the planning, will overrun detection station, vehicle detection technology monitoring equipment as the ancillary facilities of roads should be included in the project budget, synchronous design, and the main part of the project construction and acceptance operation.
Forty-second in violation of these Provisions, in accordance with the "road law", "road safety protection regulations", "road transport regulations" and the provisions of this Regulation shall be dealt with.
Forty-third vehicles exceeding the limit of transport, by the road management agencies in accordance with the nature of the illegal acts, and the extent of harm, according to the following provisions to be punished:
(a) the total height of goods vehicles from the ground is not more than 4.2 meters, the total width of not more than 3 meters and the total length of not more than 20 meters, and may be fined 200 yuan; the total height of goods vehicles from the ground is not more than 4.5 meters, the total width of not more than 3.75 meters and the total length of not more than 28 meters the 200 yuan fine of 1000 yuan; the total height of goods vehicles from the ground the moment more than 4.5 meters, the total width of more than 3.75 meters or a total length of more than 28 meters, more than 1000 yuan at 3000 yuan fine;
(two) the total quality of goods vehicles over the provisions of the first paragraph of article third and fourth to eighth prescribed limit standard, but not more than 1000 kg, it shall be given a warning; more than 1000 kg, 1000 kg per ultra fined 500 yuan, the maximum not more than 30000 yuan. Where there are a number of illegal acts listed in the preceding paragraph, the amount of the fine shall be cumulative, but the maximum amount shall not exceed 30000 yuan.
Forty-fourth highway management agencies in the 7 working days of illegal overloaded transport case is processed, the following information should be relevant to the case and the overload vehicles management information system Chaogu vehicle where the administration of road transport:
(a) number, vehicle type, vehicle belongs to the enterprise, the road transport certificate number information;
(two) the name of the driver, the driver's license number, the driver belongs to enterprise information;
(three) freight source unit, cargo loading list information;
(four) the information of the administrative penalty decision;
(five) other information related to the case.
Forty-fifth highway management agencies found illegal transportation vehicle does not comply with the "car, car and trailer train dimensions, axle load and limit in the process of supervision and inspection" (GB1589), and the content does not match the registration or driving license records, shall be recorded regularly, Chaogu vehicle location of the public security organ of the traffic management departments and other units.
Forty-sixth of the freight vehicles and drivers within 1 years more than 3 times the illegal transportation, freight vehicles and illegal overloading transportation freight vehicles over the unit 10% of the total number of road transport enterprises, the road transport authorities in accordance with the "Highway Safety Protection Ordinance" article sixty-sixth dealt with.
The provisions of the preceding paragraph illegal transportation records the cumulative calculation period, from the first to receive the "road transport permits", road transport practitioners qualification certificate, road transport business license date, can cross the natural year.
Forty-seventh large transport vehicles in one of the following circumstances, as illegal transportation:
(a) without permission to drive a highway;
(two) the relevant circumstances of the vehicle and the loading articles are not consistent with the contents of the "out of gauge transport vehicle passes";
(three) without the permission of the time, route and speed of the road;
(four) of the non - licensed escort scheme.
Forty-eighth carriers to conceal the situation or provide false materials to apply for the highway overrun transport license, in addition to the law to deal with, and in 1 years are not allowed to apply for road transport permits.
Article forty-ninth in violation of the provisions, instigate or force the driver of the vehicle transportation of goods by road transport authorities ordered to make corrections, fined 30000 yuan.
Fiftieth illegal car or domicile highway management agencies according to technical monitoring records of illegal overloaded vehicles shall be punished according to law, and provide the appropriate way for the public inquiry illegal transportation records.
The road transport management institution staff of fifty-first highway management agencies, dereliction of duty, breach of privilege, shall be given administrative punishment; suspected of a crime, transferred to judicial organs to investigate.
Fifty-second of illegal overloaded transport vehicle is serious, causing the highway bridge collapse accidents, serious damage, or road traffic capacity decreased significantly, the Ministry of transport, the provincial transportation departments in accordance with the responsibility and authority to stop the approval of the declaration of the local area of highway construction projects in 1 years.
Fifty-third of the relevant units and individuals refuse or obstruct the road management organizations, staff of the road transport management institution to perform their duties according to law, constitutes a violation of public security administration, the public security administration punishment by the public security organs according to law; constitute a crime, shall be investigated for criminal responsibility according to law.
The fifth chapter supplementary provisions
Fifty-fourth because of the military and defense research need, carrying secret items bigtransportation vehicles needed to run on the highway, refer to the regulations; otherwise stipulated by the state, from its provisions.
Article fifty-fifth these Provisions shall come into force as of September 21, 2016. The original Ministry of Communications issued the "Regulations on the management of the highway traffic regulations" (second of the Ministry of communications in 2000) abolished at the same time.