Thread Content
Article 84: If a special equipment user violates the provisions of this Law and commits one of the following acts, they shall be ordered to cease using the relevant special equipment and shall be fined not less than 30,000 yuan but not more than 300,000 yuan: (1) Using special equipment that has been produced without a license, that has not undergone inspection or has failed such inspection, or special equipment that has been explicitly designated for retirement or has already been scrapped； (II) When special equipment malfunctions or exhibits abnormal conditions, and no comprehensive inspection is carried out to eliminate potential hazards before continuing to use it ； (III) Special equipment has serious accident hazards, is of no value for renovation or repair, or meets other conditions for scrapping as specified in the safety technical regulations; yet the obligation to scrap it in accordance with the law has not been fulfilled, and the procedures for canceling the use registration certificate have not been carried out. Interpretation of the provision: This article deals with the legal responsibilities of entities that operate special equipment for using such equipment in violation of the relevant provisions of this law. In accordance with Article 32 of this Law, special equipment users shall use special equipment that has been produced with a license and has passed inspection. The use of **special equipment that has been explicitly phased out and is already scrapped is prohibited. Article 42 stipulates that when special equipment malfunctions or exhibits abnormal conditions, the entity using such equipment must conduct a thorough inspection to eliminate potential hazards before it can continue to be used. Paragraph 1 of Article 48 stipulates that where special equipment poses serious accident hazards, has no value for renovation or repair, or meets other conditions specified in the safety technical regulations for scrapping, the entity using such equipment shall fulfill its obligations under the law to scrap it, take necessary measures to eliminate its functional capabilities, and go through the procedures to cancel the registration certificate with the department responsible for the supervision and management of special equipment safety where the registration was originally conducted. The above provisions specify the obligations that entities using special equipment must fulfill when operating such equipment. Entities that comply with these obligations in accordance with the law shall bear the corresponding legal responsibilities as stipulated in these provisions. I. Entities liable under law This article stipulates the legal responsibilities that must be assumed by entities that operate special equipment in violation of the relevant provisions of this law; the entity responsible for such violations is the one that operates the special equipment. II. Illegal acts subject to legal liability: Special equipment usually operates under conditions of high pressure, high temperature, high altitude, or high speed, posing a significant risk to human life and property safety. Using special equipment with potential accident hazards may lead to serious accidents, resulting in significant casualties and property losses, and is prohibited by law. In accordance with the provisions of this article, special equipment users shall bear legal liability in the following circumstances: (1) Using special equipment that poses serious accident risks, including: 1. Using special equipment manufactured without a license, such as boilers produced without a boiler manufacturing license. 2. Using untested special equipment. In accordance with the provisions of this law, the manufacturing process of special equipment such as boilers, pressure vessels, and pressure pipeline components, as well as the installation, modification, and major repair processes of boilers, pressure vessels, pressure pipelines, elevators, lifting machinery, passenger cableways, and large-scale amusement facilities, must be subject to supervision and inspection by special equipment inspection agencies in accordance with the requirements of safety technical specifications ； It shall not be released from the factory or put into use if it has not undergone supervised inspection or has failed such inspection. If a user employs special equipment that has not undergone supervised inspection, it constitutes the illegal act stipulated in this article. 3. Using special equipment that has failed inspection. 4. Use **special equipment explicitly prohibited from use**. 5. Using special equipment that has already been scrapped. (II) Continuing to use special equipment when it malfunctions or exhibits abnormal conditions, without conducting a thorough inspection to eliminate potential hazards. (III) Failure to fulfill the obligation to scrap the equipment in accordance with the law and to go through the procedures for canceling the registration certificate, including: 1. When special equipment poses serious safety hazards and has no value for renovation or repair, the entity using such equipment fails to fulfill its legal obligation to scrap it, fails to take necessary measures to eliminate its functional capabilities, and fails to go through the procedures with the department responsible for supervising and managing the safety of such equipment to cancel the registration certificate ； 2. When special equipment meets other conditions for scrapping as specified in the safety technical regulations, and the user fails to fulfill its obligations regarding scrapping in accordance with the law, fails to take necessary measures to render such equipment unusable, and fails to go through the procedures for canceling the use registration certificate with the department responsible for supervising and managing the safety of special equipment where the registration was originally carried out. When fulfilling the obligation to scrap special equipment, it is essential to both eliminate its functional capabilities and go through the cancellation procedures; failing to carry out either of these steps constitutes an illegal act. III. Forms of legal liability: This provision specifies the administrative legal liabilities that entities using special equipment must bear for committing corresponding illegal acts, including orders to cease using the relevant special equipment and fines. (1) Order to cease the use of the relevant special equipment. Ordering the cessation of use of the relevant special equipment means that the department responsible for the safety supervision and management of special equipment legally prohibits the units using such equipment from continuing to use it, in cases covered by the provisions of this article. The special equipment referred to here means those that have been produced without a license, have not undergone inspection or have failed such inspections, **have been explicitly ordered to be phased out, or have already been scrapped** ； Special equipment that has malfunctioned or shown abnormal behavior due to the absence of a thorough inspection to eliminate potential accident hazards ； Special equipment that poses serious potential safety hazards, has no value for renovation or repair, and meets other scrapping criteria stipulated in safety technical regulations. Once it is discovered that a unit using special equipment is making use of such equipment, it must be ordered immediately to cease using that special equipment in order to prevent accidents, after which other legal responsibilities of the responsible party will be pursued in accordance with the law. (II) Fines. This article does not specify a fixed amount for the fines imposed on entities that use special equipment; instead, it sets a relatively wide range of between 30,000 yuan and 300,000 yuan. The authority imposing fines has a certain degree of discretion, and this discretion should be exercised reasonably when imposing fines. The specific amount of the fine should be determined based on factors such as the timing, nature, severity, and consequences of the illegal activities committed by the entity using the special equipment in each individual case, so that the penalty is proportionate to the offense.