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Effective from December 1st! The new version of the “Regulations on the Safety Supervision and Management of Hazardous Goods Transportation by Rail” is here...

2022-10-21View Original

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According to the website of the Ministry of Transport, the comprehensively revised \"Regulations on the Safety Supervision and Management of the Transportation of Hazardous Goods by Rail\" were issued on October 19, and will come into effect on December 1, 2022. An explanatory article issued by the Legal Affairs Department of the Ministry of Transport states that the current Regulations were introduced in 2015 and have played an important role in promoting the safe management of the transport of hazardous goods by rail, as well as in ensuring the safety of railway operations and the lives and property of the public. In recent years, the **** and the State Council have made several important directives regarding work safety. Relevant laws and regulations such as the new Work Safety Law, the Anti-Terrorism Law, and the Regulations on Emergency Response to Production Safety Accidents have been successively promulgated and implemented. New developments have also emerged in the practice of transporting dangerous goods by rail, which makes it urgent to conduct a comprehensive revision of these regulations. The revised Regulations will completely replace the old rules, further improve and strengthen the supervision and management of safety in the transportation of hazardous goods by rail, and consolidate the legal framework to ensure safety in such transportation. The main changes are as follows: Image (1) further clarifies the scope of dangerous goods. First, building on the definition of dangerous goods in the current Regulations, it is specified that dangerous goods should, in principle, be identified in accordance with the Railway List of Dangerous Goods. It is further clarified that those goods which are not listed in the Railway List of Dangerous Goods but are deemed to be such goods under relevant laws and regulations and standards must still be transported in compliance with the Regulations. This approach facilitates practical operations while also strengthening safety oversight over the transportation of dangerous goods. Secondly, in light of the development of railway equipment technology and the needs related to the transportation of dangerous goods during epidemic prevention and control emergencies, the supplementary provisions specify the regulatory requirements for special situations under conditions that meet safety and technical standards, thereby ensuring consistency between general principles and specific requirements. (II) Further strengthened the end-to-end management of hazardous goods transportation. With this revision, the safety management requirements for the transport of hazardous goods have been comprehensively strengthened across all aspects, including the shipment, inspection, packaging, loading and unloading, monitoring during transportation, and emergency management of such goods. First, it increases the requirements regarding the protective measures for shippers in relation to hazardous goods, information provision, shipping document completion, and emergency contact details, thereby strengthening the management of hazardous goods transportation at its source. Secondly, it adds the requirement that railway transportation companies sign safety agreements for the transport of hazardous goods with relevant parties, in order to clearly define the responsibilities of each party and ensure transportation safety. Thirdly, in accordance with the Anti-Terrorism Law, requirements for the positioning monitoring and informational management of vehicles used to transport hazardous goods have been introduced, ensuring that such transportation can be monitored and traced throughout the entire process. Fourth, relevant regulations on training have been improved; stricter requirements have been imposed on transportation companies in terms of training outlines, courses and textbooks, as well as training records. At the same time, it has been specified that employees must possess the necessary safety knowledge. Fifth, it is necessary to establish a trial operation system; for hazardous goods of new types or with new packaging for which the conditions for safe transportation have not yet been determined, railway transportation companies are required to organize relevant entities to carry out trial operations, in order to effectively prevent transportation risks and ensure safety during transport. Sixth, in accordance with the new Work Safety Law, requirements related to the identification and rectification of safety hazards in the transportation of hazardous goods have been added. Seventh, it strengthens the emergency management of hazardous goods transportation, by adding requirements for emergency plans and drills, as well as emergency response measures. 【Appendix】 Provisions on the Safety Supervision and Management of the Transportation of Dangerous Goods by Rail Chapter 1 General Provisions Article 1 These provisions are formulated in accordance with laws and administrative regulations such as the Work Safety Law of the People’s Republic of China, the Railway Law of the People’s Republic of China, the Anti-Terrorism Law of the People’s Republic of China, the Regulations on Railway Safety Management, the Regulations on the Safety Management of Hazardous Chemicals, and the Regulations on the Safety Management of the Transportation of Radioactive Materials, in order to strengthen the safety management of the transportation of dangerous goods by rail, protect the lives and property of the public, and safeguard the environment. Article 2: The hazardous goods referred to in these regulations are those listed in the Railway Hazardous Goods List, which possess dangerous properties such as explosiveness, flammability, toxicity, infectivity, corrosiveness, or radioactivity. During railway transportation, such substances and items can easily cause casualties, property damage, or environmental pollution, and therefore require special protection. For goods that are not listed in the Railway Dangerous Goods Name List but are determined to be dangerous goods in accordance with relevant laws, administrative regulations, rules, or standards such as the \"Classification and Labelling of Dangerous Goods\" (GB6944), their transportation shall be handled in accordance with these provisions. Article 3: The transport of the following items is prohibited: (1) Hazardous items whose production and transport are prohibited by laws and administrative regulations ; (II) Items of unknown hazardous nature that may pose safety risks ; (III) Overly sensitive items without safety measures ; (IV) Articles that can spontaneously react and pose a danger due to the lack of safety measures. The transport of dangerous goods is prohibited on passenger-dedicated lines such as high-speed railways and intercity railways, as well as on passenger trains, except as otherwise provided by laws and administrative regulations. Article 4: The safety management of railway transport of dangerous goods adheres to the principle of giving top priority to safety, focusing on prevention, and adopting comprehensive measures. The entities involved in the railway transport of hazardous goods (hereinafter collectively referred to as transportation entities) are the main parties responsible for transport safety. They must, in accordance with relevant laws, administrative regulations, standards, and other provisions, ensure the appropriate conditions for transport, strengthen transport management, and guarantee transport safety. The terms \"transportation entities\" as used in these regulations include railway transportation enterprises, shippers, as well as the owners, management units, and users of dedicated railways and railway sidings. Article 5  **The Railway Bureau is responsible for the supervision and management of the safety of hazardous materials transportation by rail nationwide. The Regional Railway Supervision Authority is responsible for the supervision and management of the safe transportation of hazardous goods by railways within its jurisdiction. **The Railway Bureau and the Regional Railway Supervision Bureau are collectively referred to as railway regulatory authorities. Article 6: The adoption of advanced technologies and management methods conducive to enhancing safety levels is encouraged. Likewise, it is encouraged to promote large-scale, intensive, and specialized operations, as well as the development of special vehicles and containers for the transport of hazardous goods. It supports the development of safety technologies for the railway transport of hazardous goods, as well as research on projects that have a significant impact on safety and environmental protection. Chapter 2 Transport Conditions Article 7 The transport of hazardous goods shall take place between stations, dedicated railways, and railway sidings that meet the requirements of laws, administrative regulations, and relevant standards, and have the appropriate facilities for handling such goods. Railway transportation enterprises shall promptly make public to the public information such as the names of stations handling hazardous goods, the locations where operations are carried out (including the names of freight yards, dedicated railways, and railway sidings, the same below), the types of goods handled along with their UN numbers, and the methods of shipment. Such information must also be submitted to the local regional railway supervision authority. If the aforementioned information changes, it shall be republished and submitted again. Article 8: The transportation of hazardous goods shall be carried out using specialized facilities and equipment in accordance with laws, regulations, and **other relevant provisions. Facilities and equipment used for transporting hazardous goods that are required by law to undergo product certification, inspection, and testing must be approved through such certification, inspection, and testing before they can be used. Article 9: Sites and facilities for the loading, unloading, and storage of hazardous goods shall meet the following requirements: (1) The dedicated areas for loading, unloading, and storage, as well as the safety facilities and equipment, shall be under controlled management, with clear safety warning signs in place. The layout of facilities and equipment, the division of work areas, and safety distances all meet the relevant technical requirements. (II) There shall be warehouses, canopies, premises and other facilities equipped to meet the requirements related to the hazardous properties of the goods, and approved by the relevant authorities. Appropriate safety facilities and equipment for measurement, testing, monitoring, communication, alarm, ventilation, fire prevention, fire extinguishing, explosion protection, lightning protection, anti-static measures, corrosion prevention, leakage prevention, and poisoning prevention shall be installed, and regular maintenance, upkeep, and inspections shall be carried out to ensure the proper functioning of such facilities and equipment. Records of maintenance, upkeep, and inspection should be kept, and signed by the relevant personnel. (III) The loading and unloading equipment must meet safety requirements; for the handling of flammable and explosive hazardous goods, explosion-proof measures shall be taken. Tank trucks used to transport hazardous goods should employ specialized loading and unloading facilities such as trestles and dip pipes, while containerized hazardous goods should be handled using dedicated container loading and unloading machinery. (4) Other requirements stipulated by laws, administrative regulations, relevant standards, and safety technical specifications. Article 10: Transportation entities shall, in accordance with the provisions of relevant laws and administrative regulations such as the Work Safety Law of the People’s Republic of China and the Regulations on the Safety Management of Hazardous Chemicals, conduct safety assessments of the work conditions related to the handling, loading, and storage of hazardous goods within their organizations. Construction and renovation of facilities and sites for the loading, unloading, and storage of hazardous goods ; When new categories of hazardous goods are added to existing handling facilities, or when new names for hazardous goods, new packaging methods are introduced, or when railway tank cars, containers, or specialized vehicles are used for the first time to transport hazardous goods, thereby changing the safety conditions of those facilities and areas, a safety assessment must be conducted promptly. Where laws or administrative regulations require that a safety assessment be carried out by a relevant institution, the transportation entity shall entrust an institution that meets the **specified requirements to carry out such assessment. Article 11 Railway vehicles, containers, and other vessels used for loading and transporting hazardous goods shall meet the following requirements: (1) Their manufacture, maintenance, testing, inspection, use, and management shall comply with relevant standards and regulations ; (II) Clearly and firmly mark the hazard goods packaging marks and warning signs ; (III) Railway tank cars, tank containers, and other containers shall have tight seals, with safety accessories that are properly installed, can be operated flexibly, and are in good condition, so as to prevent leakage or spillage due to changes in temperature, humidity, or pressure during transportation ; (IV) Pressure vessels shall comply with the safety supervision requirements regarding mobile pressure vessels, gas cylinders, etc., set forth by the department of the State Council responsible for the safety supervision and management of special equipment ; (5) Other requirements stipulated by laws, administrative regulations, relevant standards, and safety technical specifications. Article 12: The packaging for transporting hazardous goods shall meet the following requirements: (1) The material of the packaging, containers, and padding, as well as the type, specifications, methods of packaging, and the mass (weight) per unit, shall be appropriate to the nature and uses of the hazardous goods being packaged ; (II) The packaging must be able to withstand normal impacts, vibrations, stacking, and compression during transportation, storage, and handling, and must facilitate loading, unloading, and movement ; (III) The packaging and containers used must be produced by specialized manufacturing units in accordance with relevant regulations such as the Work Safety Law of the People’s Republic of China and the Regulations on the Administration of Industrial Product Production Licenses, and must pass inspection and testing by qualified testing and inspection institutions ; (IV) The outer surface of the packaging shall clearly and firmly display the hazard marking for dangerous goods as well as the packaging handling and transportation symbols ; (5) Other requirements stipulated by laws, administrative regulations, relevant standards, and safety technical specifications. Article 13: When transporting dangerous goods with new names or new packaging, or when the packaging is changed and the conditions for safe transportation have not yet been determined, the railway transportation enterprise responsible for sending the goods shall organize the shipper, the consignee, and other railway transportation enterprises involved in the entire transportation process to agree on the conditions for safe transportation, sign a safety agreement, and arrange for trial shipments. The trial shipment plan shall be submitted to the local regional railway supervision authority. The trial transportation of hazardous goods shall comply with the provisions of laws, administrative regulations, rules, and relevant standards. Chapter 3 Transport Safety Management Article 14 The shipper shall determine the category, subclass, name, railway hazardous goods code, packaging, etc., of the hazardous goods in accordance with the Railway Dangerous Goods Name List, and comply with the relevant special requirements. For dangerous goods that require special measures such as the addition of inhibitors or stabilizers, the shipper must take appropriate actions to ensure the stability of the goods during transportation, and inform the railway transportation company of the relevant circumstances. Article 15: The shipper shall go through the procedures for shipping hazardous goods at the stations designated by the railway transportation enterprise for handling such goods. When shipping, it is necessary to provide the railway transportation company with accurate information regarding the name of the hazardous goods being shipped, their quantity (weight), their hazardous properties, as well as the emergency measures to take in case of an accident. For dangerous goods that are subject to licensing requirements, require transportation with proper documentation, or necessitate special measures, the shipper must submit the relevant certificates to the railway transportation company in good faith. Dangerous goods must not be shipped with concealed information or false descriptions of their type ; Dangerous goods must not be included in ordinary cargo being shipped, nor must prohibited items be included in dangerous goods. When shipping hazardous chemicals, the shipper must also submit a safety data sheet corresponding to the hazardous chemicals being shipped, and affix or mark safety labels on the packaging used for transporting the goods. If the shipper is sending hazardous waste, they must proactively inform the railway transportation company that the goods being shipped are hazardous waste. During transportation, an electronic or paper version of the hazardous waste transfer document issued by the environmental protection authorities must also be submitted. Article 16: The waybill for dangerous goods shall specify the shipper and consignee of the dangerous goods, the shipping enterprise and dispatch station as well as the loading location, the receiving enterprise and destination station as well as the unloading location, the name of the goods, the UN number, packaging details, quantity (weight) of the load, type and number of the vehicle, type and number of the container, as well as the emergency contact person and contact number. The shipping entity shall properly keep the dangerous goods waybill, with a retention period of not less than 24 months. Article 17: The shipper shall keep the emergency contact number available throughout the transportation of dangerous goods. Article 18: Railway transport enterprises shall implement a security inspection system, verify the identity of shippers, and conduct safety inspections on the goods being transported. It is prohibited to handle procedures for transporting dangerous goods at stations not designated for such purposes. It is also prohibited to transport goods that have not undergone safety inspections, as well as goods that do not meet safety regulations and may pose a threat to the safety of railway transportation. In any of the following circumstances, railway transportation enterprises shall examine the relevant certification materials provided by the shipper and retain them for not less than 24 months: (1) **Dangerous goods for which licensing is required for production, operation, storage, use, etc.** ; (II) **Dangerous goods that require proof of transportation** ; (III) Dangerous goods that require the addition of inhibitors, stabilizers, and other special measures to be transported ; (IV) Dangerous goods whose transport packaging and containers are listed in the catalog of industrial products subject to the **production license system** ; (5) Other circumstances stipulated by laws, administrative regulations, and **. Railway transportation companies shall inform shippers of the relevant precautions, and clearly state the legal consequences of illegal shipping on the online application page, at their business premises, or on the transportation-related documents. Article 19: Transportation entities shall establish a registration system for the identities of shippers and the goods being transported. They must accurately record information such as the identity details of the shipper’s representative, the names and UN numbers of hazardous materials being transported, the quantity (weight) thereof, the origin and destination stations, the location of operations, the mode of shipment, the container/box numbers, as well as the shipper, consignee, and escort personnel. Necessary safety precautions must also be taken to prevent any loss or theft of hazardous materials ; In the event that explosives, explosive precursors, or highly toxic chemicals are found to be lost, stolen, or robbed, appropriate warning and safety measures must be taken immediately, and reports must be submitted in a timely manner in accordance with relevant regulations such as the Regulations on the Safety Management of Civilian ** Items and the Regulations on the Safety Management of Hazardous Chemicals. Article 20: When transporting radioactive materials, the shipper shall possess valid certificates for the production, sale, use, or disposal of such materials, and shall be equipped with necessary radiation monitoring devices, protective equipment, as well as anti-theft and anti-damage devices. The radioactive materials being transported, as well as their transport containers, vehicles, radiation monitoring systems, security measures, emergency response procedures, loading and unloading operations, escort services, occupational health considerations, personnel training, and approval processes, must all comply with the requirements of laws and administrative regulations such as the \"Regulations on the Safety Management of Radioactive Material Transport\" and the \"Procedures for the Safe Transport of Radioactive Materials\", as well as relevant standards. At the time of shipment, the shipper shall submit to the railway transportation enterprise a transportation instruction manual, a radiation monitoring report, emergency response guidelines for nuclear and radiation accidents, loading and unloading procedures, and safety protection guidelines; the railway transportation enterprise shall inspect and keep these documents on file. If the shipper submits incomplete documents, the railway transportation company shall not accept the shipment. The shipper shall take effective radiation protection and security measures during transportation and be responsible for nuclear and radiation safety during transit. Article 21: The storage methods and approaches for transporting hazardous goods by rail, as well as the quantities to be stored and the requirements regarding isolation, shall comply with relevant regulations. Dedicated warehouses, dedicated sites, etc. should be managed by designated personnel. Transportation entities shall establish a management system for major hazard sources in accordance with the Work Safety Law of the People’s Republic of China, the Regulations on the Safety Management of Hazardous Chemicals, and **other relevant provisions. Highly toxic chemicals and other hazardous materials whose stored quantities constitute a major hazard source shall be stored separately, and a system of double-person receipt and dispatch as well as double-person custody shall be implemented. Article 22: The loading and securing of hazardous goods, as well as the railway vehicles, containers, other receptacles, containerization equipment, loading and securing materials or devices used thereof, shall comply with the requirements of relevant standards and safety technical specifications. Facilities and equipment in poor technical condition, those that have not been maintained or inspected as required, or those that have reached their end-of-life limit shall not be used. The transport of hazardous goods beyond the scope specified in the design is prohibited. The goods loaded onto the vehicle (container) must not be overloaded, unevenly distributed in weight, or have excessive concentration of weight in certain areas. Goods with conflicting properties, different fire-fighting methods, or those prone to causing pollution must not be loaded in the same railway vehicle or container. It is prohibited to transport dangerous goods together with ordinary goods in the same railway vehicle or container. Article 23: The loading and unloading of dangerous goods shall be carried out in accordance with safety operation standards, procedures, and regulations, and under the on-site supervision or control of loading and unloading supervisors. Article 24: When transporting hazardous goods, the shipper shall provide necessary escort personnel as well as emergency response materials, equipment, and protective gear, and ensure that the hazardous goods remain under the supervision of the escort personnel at all times. The shipper shall be responsible for the training of the escort personnel. Escort personnel should be aware of the characteristics of the goods being escorted, familiar with emergency response measures, and carry the necessary tools for safety protection, firefighting, communication, testing, maintenance, etc. Railway transportation enterprises shall inform shippers of the regulations regarding railway transportation safety, inspect the escorts, spare parts, facilities, and the operation of escort services, and provide the escorts with the necessary working and living conditions. Consignor escorts shall comply with railway transportation safety regulations, inspect the goods being escorted as well as their loading and securing conditions, and use the accompanying equipment and facilities in accordance with the operating procedures. In the event of any abnormalities encountered along the way, reliable emergency response measures should be taken promptly, and the railway transportation company should be informed. Article 25: Railway transportation enterprises shall enter into safety agreements for the transportation of hazardous goods with the owners, management units, and users of the dedicated railways and railway lines used for such transportation, in order to clarify the responsibilities of each party regarding safety management, the tasks to be carried out, as well as the safety measures to be implemented. Between transportation entities, the handover of hazardous goods shall be carried out in accordance with the agreed-upon location, method, contents, conditions, safety responsibilities, and other provisions. Article 26: Technical operations such as the formation of hazardous goods vehicles and shunting shall be carried out in accordance with relevant standards and management regulations. When vehicles transporting hazardous goods stop en route, they should stay away from passenger trains and crowded areas and facilities such as passenger platforms where boarding and alighting take place during the stop, and safety precautions should be taken. When vehicles carrying dangerous goods such as highly toxic chemicals, explosives, radioactive materials, and gases stop en route, railway transportation companies shall assign personnel to keep watch, and the escorts shall strengthen surveillance. Article 27: Vehicles and containers that have carried dangerous goods shall be cleaned thoroughly after unloading to ensure that they do not cause pollution or damage to other goods or workers. Washing wastewater and waste treatment must meet environmental protection requirements. Article 28: Railway transportation enterprises shall, in accordance with provisions such as the Anti-Terrorism Law of the People’s Republic of China, monitor vehicles carrying hazardous goods during operation through positioning systems, track such shipments throughout the entire process and enable real-time inquiries. They shall also provide interfaces for safety supervision data as required by the railway regulatory authorities, and submit the relevant data to those authorities on schedule. Article 29: Transportation entities shall, in accordance with provisions on work safety and occupational health such as the Work Safety Law of the People’s Republic of China, the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases, and the Regulations on the Safety Management of Radioactive Material Transport, provide employees with protective equipment and other facilities that meet ** standards or industry standards, establish records for the occupational health monitoring of employees, and prevent personal injuries. Article 30: Transport entities shall establish and improve safety management systems for the transport of hazardous goods, including post-specific safety responsibilities, education and training, safety inspections, classification and control of safety risks, identification and rectification of hazards, safeguards for safety-related investments, labor protection measures, accountability mechanisms, and emergency management. They shall also refine operating procedures and standardized management practices regarding the packaging, loading/unloading, escorting, and transport of hazardous goods. Article 31: Transportation entities shall provide regular safety and legal education, as well as on-the-job technical training, for their employees engaged in the transportation of hazardous goods; they may only take up their posts after passing the relevant assessments. To carry out technical training for positions related to the transportation of hazardous goods, it is necessary to develop a training syllabus, establish training courses, specify the detailed content of the training, the required number of hours, and the examination requirements, and to revise and update these elements regularly. Training courses, textbooks, and materials for the transport of dangerous goods shall comply with the provisions of **laws, administrative regulations, rules, and relevant standards. Transportation units shall establish records for safety production education and training, accurately documenting the timing, content, participants, and assessment results of such education and training. These records must be kept for at least 36 months. Article 32: Personnel involved in the transportation of hazardous goods shall possess the necessary safety knowledge, be familiar with relevant safety regulations and procedures, master the safety operation skills required for their position, be aware of their rights and obligations regarding safety, and understand the hazardous characteristics of the hazardous goods being transported, as well as the requirements for using the transport vehicles, packaging materials, and containers, along with emergency response methods in case of dangerous situations. Article 33: Transportation entities shall regularly conduct inspections and rectifications regarding potential safety hazards in the transport of hazardous materials. The results of such inspections and rectifications must be recorded truthfully. Information regarding the identification and rectification of major safety hazards must be reported to the local regional railway supervision bureau. Article 34: During peak periods such as statutory holidays and traditional festivals, under adverse weather conditions, as well as during **major events, transportation entities shall implement safety and emergency management measures and strengthen safety inspections for the transport of hazardous goods by rail to ensure transportation safety. In specific areas and at specific times, if the relevant competent departments of the State Council or the provincial people’s governments decide to impose controls on the railway transportation of hazardous goods such as hazardous chemicals and civil explosives, railway transportation enterprises shall cooperate with such measures. Article 35: Transportation entities shall formulate emergency response plans for railway hazardous goods transportation accidents, taking into account the characteristics and potential hazards of such accidents within their own operations, and ensure that these plans are coordinated with those of relevant departments at corresponding levels. Emergency plans should be reviewed or evaluated in accordance with **relevant regulations**, made public, and emergency drills should be conducted at least once every six months. The emergency response plans and emergency drill records for railway transport of hazardous goods shall be submitted to the local regional railway supervision agency. Transportation entities shall establish emergency rescue teams or assign emergency rescue personnel in accordance with regulations such as the Work Safety Law of the People’s Republic of China and the Regulations on Emergency Response to Production Safety Accidents ; Equipped with necessary emergency rescue equipment, apparatus, and supplies, and regular maintenance is carried out to ensure proper operation ; Establish an emergency duty system and assign emergency duty personnel. Article 36: In the event of fires, explosions, environmental pollution, poisoning, or theft, loss, leakage, etc., during the transportation of hazardous goods, the escorts and relevant personnel on site shall report such incidents in a timely manner in accordance with **relevant regulations**, and take preliminary measures in line with the emergency response plan. Upon receiving the report, the person in charge of the transportation unit shall promptly take effective measures to organize rescue efforts, prevent the accident from spreading, reduce casualties and property losses, and report to the local regional railway supervision agency as well as other relevant departments. It is prohibited to conceal, misreport, or delay reporting, as well as to deliberately damage the accident scene or destroy relevant evidence. Article 37: Railway transportation enterprises shall keep real-time track of the status of dangerous goods transportation within their own organizations, and report information such as the volume of dangerous goods transported, the stations involved, the facilities and equipment used, as well as safety aspects, to the local regional railway supervision authority as required. Chapter 4 Supervision and Inspection Article 38 The railway regulatory authorities shall, in accordance with the law, supervise and inspect the compliance of transportation entities with laws, administrative regulations, rules, and standards related to the safe transportation of hazardous goods, with a focus on the following aspects: (1) The establishment and improvement of safety responsibility systems, rules and regulations, and operating procedures for the transportation of hazardous goods ; (II) Education, training, and assessment of personnel involved in the transport of hazardous goods ; (III) Ensure the investment in safe production for the transportation of hazardous goods by this unit ; (IV) Classification and control of safety risks in the transport of hazardous goods, as well as identification and remediation of safety hazards ; (V) Configuration, use, management, testing, inspection, and safety assessment of facilities and equipment for the transport of hazardous goods ; (VI) Disclosure of information on hazardous goods handling stations ; (VII) Safety inspection of the carriage of hazardous goods ; (8) Safety management in the transportation of hazardous goods ; (IX) Implementation of safety management measures for major hazard sources ; (X) Formulation of emergency response plans for hazardous goods transportation accidents, allocation of emergency rescue equipment and supplies, and emergency rescue drills ; (11) Reporting of hazardous goods transportation accidents ; (12) Other circumstances that shall be supervised and inspected in accordance with the law. Article 39: When conducting supervision and inspections, railway regulatory authorities may take the following measures in accordance with the law: (1) Enter the sites where dangerous goods are transported by rail for inspection, review relevant documents, and obtain information from relevant units and personnel ; (II) Rectify or require the rectification within a specified time limit of illegal and non-compliant acts regarding the safe transportation of hazardous goods ; For acts that are subject to administrative penalties in accordance with the law, administrative penalty decisions shall be made in line with the provisions of laws, administrative regulations, and rules ; (III) Order the immediate removal of hazards associated with dangerous goods transportation accidents ; If safety cannot be ensured before or during the removal of major accident hazards, the workers in the hazardous area must be ordered to evacuate, and the relevant facilities and equipment must be ordered to be shut down temporarily or discontinued from use ; (IV) Order the immediate cessation of use of facilities, equipment, devices, apparatus, means of transport, etc. that do not meet the regulations ; (5) Seize or confiscate, in accordance with the law, facilities, equipment, and apparatus that are deemed not to meet relevant standards, and make decisions regarding their disposal ; (VI) Other measures stipulated by laws and administrative regulations. Article 40: Administrative law enforcement officers of railway regulatory authorities shall be dedicated to their duties, enforce the law impartially, and abide by law enforcement standards ; There is an obligation to keep confidential any trade secrets learned during the supervision and inspection process. When performing their supervision and inspection duties in accordance with the law, administrative law enforcement officers shall present valid law enforcement credentials. The entities and individuals under supervision and inspection shall cooperate with the supervision and inspection carried out by railway regulatory authorities in accordance with the law, provide relevant information or materials truthfully, and shall not refuse or obstruct such efforts. Article 41: Railway regulatory authorities shall establish and improve systems for the safety supervision and inspection of hazardous goods transportation, strengthen training on safety-related knowledge for administrative law enforcement officers involved in such transportation, provide necessary safety inspection equipment, and utilize information technology and advanced technologies to continuously enhance the level of oversight. When conducting inspections and supervision, railway regulatory authorities may hire experts and professionals familiar with the transportation of hazardous goods by rail, chemistry and chemical engineering, safety technology management, emergency rescue, etc., to provide technical support. Article 42: Any entity or individual has the right to report any violations of regulations regarding the transportation of hazardous goods to the railway regulatory authorities. Upon receiving a report, the railway regulatory authority shall handle it promptly in accordance with the law ; Matters that fall outside the scope of this department’s responsibilities should be promptly transferred to the relevant departments for handling. Article 43: Railway regulatory authorities shall establish a database of information on illegal activities related to the transportation of hazardous goods, accurately recording information on the illegal acts committed by transportation entities. Such administrative penalty information shall be included, in accordance with the law, in the National Credit Information Sharing Platform and the **Enterprise Credit Information Publicity System. Units and their relevant employees that refuse to undergo supervision and inspection without legitimate reasons, deliberately conceal facts or provide false information, or have committed other serious violations resulting in administrative penalties shall be made public in accordance with the law. Chapter 5 Legal Liability Article 44 In case of violations of these provisions, where laws and administrative regulations such as the Work Safety Law of the People’s Republic of China, the Anti-Terrorism Law of the People’s Republic of China, the Regulations on Railway Safety Management, and the Regulations on the Safety Management of the Transport of Radioactive Materials stipulate specific penalties, such provisions shall apply. Those who transport hazardous goods in violation of laws and administrative regulations, thereby causing railway accidents or other incidents, shall be held administratively accountable in accordance with the law, along with the relevant entities, their principal responsible persons, and their staff ; Those suspected of committing a crime shall be transferred to the judicial authorities for handling in accordance with the law. Article 45: If a railway transportation enterprise transports hazardous goods in violation of these regulations and commits one of the following acts, the local regional railway supervision agency shall order it to make corrections within a specified time limit, and may impose a fine of up to 10,000 yuan ; If the violation is not corrected within the prescribed time, a fine of between 10,000 yuan and 30,000 yuan shall be imposed: (1) Transporting dangerous goods on high-speed railways, intercity railways and other passenger dedicated lines, as well as on passenger trains, in violation of relevant regulations ; (II) The name of the station where dangerous goods are handled, the location of the operations, the types of goods handled along with their railway hazard codes, and the mode of shipment are not published as required, or are not submitted to the local regional railway supervision authority ; (III) For dangerous goods with new product names, new packaging, or altered packaging for which the safety transportation conditions have not yet been determined, if trial transportation is not carried out in accordance with regulations, or if the trial transportation plan is not submitted to the local regional railway supervision authority ; (IV) Failing to take safety precautions as required for the temporary stops of hazardous goods vehicles during transit ; (5) Failing to inform the shipper of the precautions regarding shipping, or failing to clearly state the legal consequences of illegal shipping on the online application page, at the business premises, or on the shipping-related documents ; (VI) Failing to report information such as the volume of hazardous goods transported, the handling stations, facilities and equipment, and safety measures to the local regional railway supervision agency as required. Article 46: If a shipper transports hazardous goods in violation of these regulations and commits one of the following acts, the local regional railway supervision agency shall order him to make corrections within a specified time limit, and may impose a fine of up to 10,000 yuan ; If the violation is not corrected within the prescribed time or if the circumstances are serious, a fine of between 10,000 yuan and 30,000 yuan shall be imposed: (1) When dangerous goods are shipped or received between stations, dedicated railways, or railway sidings that do not meet the requirements for handling such goods ; (II) Failing to accurately describe the hazardous properties of the dangerous goods being shipped, failing to take special measures such as adding inhibitors or stabilizers, failing to outline emergency response procedures in case of hazards, or failing to submit the required supporting documents, or submitting false documents ; (III) Failing to accurately determine the category, division, name, UN number, etc. of the dangerous goods ; (4) The escorts fail to inspect the goods being escorted and their loading and securing conditions; or fail to use escort equipment and facilities in accordance with operating procedures; or, upon noticing any abnormal situations during transit, fail to promptly take reliable emergency measures and report them to the railway transport enterprise. Article 47: If a transportation entity commits any of the following acts, the local regional railway supervision authority shall order it to make corrections within a specified time limit, and may impose a fine of up to 10,000 yuan ; If the issue is not corrected within the prescribed time frame or if the circumstances are serious, a fine of between 10,000 yuan and 30,000 yuan shall be imposed: (1) Failing to conduct safety assessments as required, resulting in the failure to detect problems related to safety conditions in a timely manner, or failing to address such problems promptly while continuing to transport dangerous goods ; (II) The waybill for dangerous goods fails to specify the relevant information as required, or is not retained for the prescribed period ; (III) Failing to sign a safety agreement for the transportation of hazardous goods as required, or failing to handle the handover of such goods in accordance with the agreed-upon location, method, content, conditions, and safety responsibilities ; (IV) Using facilities and equipment that are in poor technical condition, have not been maintained or inspected as required, or have reached their end-of-life date, or transporting dangerous goods beyond the scope specified in the design ; (5) Loading of goods onto vehicles (containers) in violation of the requirements of these regulations ; (VI) Vehicles or containers that have carried dangerous goods and have not been cleaned and scrubbed as required after unloading. Article 48: Staff members of railway regulatory authorities who abuse their powers, neglect their duties, or engage in malpractice for personal gain in the supervision of the transport of hazardous goods by rail shall be dealt with in accordance with the law ; If a crime is constituted, criminal liability shall be pursued in accordance with the law. Chapter 6 Supplementary Provisions Article 49 Substances or items falling under any of the following circumstances are not considered hazardous goods as defined in Article 2 of these provisions: (1) Those that, in accordance with the relevant regulations on railway transportation equipment and facilities, serve as components of railway vehicles or containers ; (II) Devices and equipment for monitoring the goods being transported or for emergency response, in accordance with the relevant regulations on railway transportation. Article 50  Dangerous goods transported shall not be subject to the provisions of these regulations under any of the following circumstances: (1) Safety measures are taken during transportation, and the quantity, packaging, loading, etc. meet the corresponding technical requirements; special provisions in the railway list of dangerous goods do not apply to their transportation ; (II) In emergency situations, to ensure **safety and the public interest**, the railway authority shall announce the dangerous goods subject to emergency transportation. Article 51  **The transportation of hazardous goods shall be handled in accordance with** the relevant regulations. Article 52 These provisions shall come into force as of December 1, 2022. Source: The Paper, compiled and published by Jingyan Platform
Reply #22022-10-21
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