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[Interpretation of the Special Equipment Safety Law] Article 85

2022-03-14View Original

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Article 85: If a mobile pressure vessel or gas cylinder filling unit violates the provisions of this Law and commits one of the following acts, it shall be ordered to make corrections and shall be fined not less than 20,000 yuan but not more than 200,000 yuan; In serious cases, the filling license shall be revoked: (1) Failure to implement the inspection and recording systems before and after filling as required ; (II) Filling mobile pressure vessels and gas cylinders that do not meet the requirements of safety technical specifications.   Those who, in violation of the provisions of this law, engage in the filling of mobile pressure vessels or gas cylinders without permission shall have such activities banned, the illegally filled gas cylinders shall be confiscated, and they shall be fined not less than 100,000 yuan but not more than 500,000 yuan ; If there are illegal gains, such gains shall be confiscated. Interpretation of the provision: This article deals with mobile pressure vessels, the illegal filling activities carried out by gas cylinder filling units, and the legal responsibilities of anyone who engages in the filling of mobile pressure vessels or gas cylinders without permission. Paragraphs 1 and 2 of Article 49 of this Law stipulate that mobile pressure vessels and gas cylinder filling units must meet the following conditions and obtain permission from the department responsible for the safety supervision and management of special equipment before they can engage in filling activities: (1) They must have management personnel and technical staff competent for filling and management tasks ; (2) There are filling equipment, testing methods, premises and factories, instruments, and safety facilities suitable for filling and management ; (3) It has a sound filling management system, responsibility system, and handling procedures. Filling units shall establish inspection and recording systems before and after filling, and it is prohibited to fill mobile pressure vessels and gas cylinders that do not meet the requirements of safety technical specifications. In accordance with the above provisions, mobile pressure vessels and gas cylinder filling units may carry out filling activities only after obtaining permission from the department responsible for the safety supervision and management of special equipment. Inspection and recording systems must be implemented before and after filling, and mobile pressure vessels and gas cylinders that do not meet the requirements of safety technical specifications shall not be filled. Those who violate the above provisions shall bear corresponding legal responsibilities in accordance with these provisions. I. Entities liable under law This article consists of two paragraphs. The entities liable for legal responsibilities as specified in the first paragraph are those mobile pressure vessel and gas cylinder filling units that have been authorized by the department responsible for supervising and managing the safety of special equipment. The entities liable for legal responsibilities as specified in the second paragraph are any citizens, legal persons, and other organizations that engage in activities related to filling mobile pressure vessels or gas cylinders without such authorization. II. Illegal acts subject to legal liability (1) Failure to establish and implement inspection and recording systems before and after filling as required. This illegal activity may take the following forms: first, establishing inspection and recording systems before and after filling ; Second, a inspection and recording system before and after filling was established, but it has not been put into practice ; Third, the inspection record system established before and after filling does not comply with relevant regulations. (II) Filling mobile pressure vessel cylinders that do not meet the requirements of safety technical specifications. (III) Engaging in the filling of mobile pressure vessels and gas cylinders without permission from the department responsible for the safety supervision and management of special equipment. III. Forms of legal liability: This article stipulates different forms of legal liability for mobile pressure vessels and gas cylinder filling units that engage in filling activities illegally, as well as for anyone who undertakes such filling activities without permission. These liabilities are determined based on the entity that committed the illegal act, as well as the nature and severity of the violation. If mobile pressure vessels or gas cylinder filling units engage in filling activities in violation of the law, they shall bear the following legal responsibilities in accordance with the provisions of this article: 1. Order to make corrections. If it is discovered that mobile pressure vessels and gas cylinder filling units fail to implement the inspection and recording systems before and after filling as required, or fill mobile pressure vessels and gas cylinders that do not meet the requirements of safety technical specifications, they shall first be ordered to make corrections or cease such illegal activities; thereafter, other legal responsibilities shall be pursued in accordance with the provisions of this article. 2. Fines. In addition to ordering corrections, administrative penalties in the form of fines should be imposed on the illegal mobile pressure vessel and gas cylinder filling units; the amount of the fine ranges from 20,000 yuan to 200,000 yuan. The specific amount shall be determined by the authority imposing the fine, based on factors such as the duration, nature, severity, and consequences of the illegal activities carried out by those units in each individual case. 3. Revoke the filling license. Mobile pressure vessels and gas cylinder filling units must obtain permission from the department responsible for the safety supervision and management of special equipment before carrying out filling activities; no one is allowed to engage in such filling activities without such permission. After obtaining a filling license, mobile pressure vessel and gas cylinder filling units may also have their licenses revoked due to illegal activities, thereby losing the right to continue carrying out such filling activities. Revoking a license means that the individual in question is no longer allowed to engage in certain production or business activities, which has a significant impact on their rights and interests, usually economic ones. Therefore, this provision stipulates that administrative penalties in the form of license revocation are imposed only when mobile pressure vessel and gas cylinder filling units commit serious violations ; When the violations committed by mobile pressure vessel and gas cylinder filling units are minor, a fine penalty is sufficient. Those who engage in the filling of mobile pressure vessels or gas cylinders without permission shall bear the following legal responsibilities in accordance with the provisions of this article: 1. Cancellation of operations. Prohibition refers to the administrative measure taken by the competent authorities to put an end to an individual’s activities or restrict their actions, when that person engages in a particular activity without having the necessary qualifications to do so. In the process of implementing these prohibitions, the departments responsible for the safety supervision and management of special equipment should seek the support of the local population and carry out these actions in conjunction with relevant agencies. 2. Confiscate the cylinders that have been illegally filled. Cylinder filling is a highly specialized task that imposes strict requirements on the filler’s knowledge, skills, equipment, and tools. Citizens, legal persons, and other organizations that engage in cylinder filling activities without permission generally lack the knowledge, skills, equipment, and tools required for such work. The cylinders they fill pose a high risk of accidents; therefore, law requires that such cylinders be confiscated by the state free of charge to prevent them from entering the market and causing injuries, deaths, or property damage. 3. Fines. Citizens, legal persons, and other organizations that engage in the filling of mobile pressure vessels or gas cylinders without permission shall be subject to administrative penalties in the form of fines in accordance with the provisions of this article. The amount of the fine ranges from 100,000 yuan to 500,000 yuan; the specific amount shall be determined by the authority imposing the fine, taking into account factors such as the timing, nature, severity, and consequences of the illegal act committed. 4. Confiscate the illegal gains. Confiscation of illegal gains refers to an administrative penalty measure in which **administrative authorities, in accordance with administrative management laws and regulations, forcibly take back the property obtained illegally by the offender and turn it over to the state free of charge. The illegal gains referred to in this article are the monetary amounts and other assets obtained by entities or individuals through engaging in the filling of mobile pressure vessels or gas cylinders without permission from the department responsible for the supervision and management of special equipment safety. Imposing a fine on those who commit illegal acts to confiscate their illegal gains eliminates the possibility of them making unlawful profits, which can effectively combat such illegal activities and encourage them to stop engaging in them.

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