the "100-ton king" freight transport enterprise or the crime
of dangerous operation [crime of dangerous operation] stipulates in Article 134, paragraph 2, of the Criminal Law that in violation of the relevant provisions on safety management in production and operation. Those who are ordered to stop production and business, stop construction, stop using relevant equipment, facilities and places or immediately take corrective measures to eliminate dangers due to the existence of hidden dangers of major accidents, but refuse to implement them, and who have the real danger of major casualties or other serious consequences, constitute the crime of dangerous operation. However, the criteria for determining the "hidden dangers of major accidents" in the crime of dangerous operations have not been issued in the field of road transport, and the release of the "Criteria for Determining the Hidden Dangers of Major Accidents in Safety Production of Road Transport Enterprises and Urban Passenger Transport Enterprises", especially the inclusion of the "100-ton King" in the criteria for determining the hidden dangers of major accidents in safety production of road transport enterprises and urban passenger transport enterprises. It not only implements the relevant provisions of Article 118, paragraph 2, of the Safety Production Law that "the emergency management department of the State Council and other departments responsible for the supervision and management of safety production shall, in accordance with their respective responsibilities, formulate criteria for determining the hidden dangers of major accidents in relevant industries and fields", but also provides a legal guarantee for the investigation of criminal responsibility for potential and imminent hidden dangers of major accidents in the field of road transport. Notice
on Printing and Issuing the Criteria for Determining Hidden Dangers of Major Accidents in Safety Production of Road Transport Enterprises and Urban Passenger Transport Enterprises (Trial Implementation) No.
52 Transport Departments (Bureaus) of Provinces, Autonomous Regions, Municipalities directly under the Central Government and Sinkiang Production and Construction Corps. In accordance with the Production Safety Law of the People's Republic of China, the Road Traffic Safety Law of the People's Republic of China, the Regulations of the People's Republic of China on Road Transport and other laws and regulations, in order to
guide all localities to scientifically determine and timely eliminate the hidden dangers of major accidents in the production safety of road transport enterprises and urban passenger transport enterprises, Our Ministry has organized and compiled the Standards for Determining Hidden Dangers of Major Accidents in Safety Production of Road Transport Enterprises and Urban Passenger Transport Enterprises (Trial Implementation), which are now printed and distributed to you, please implement them carefully. On September 13
, 2023, the General Office
of the
Ministry of Transport attached the full text
of Article 1 of the Criteria for Determining the Hidden Dangers of Major Accidents in Safety Production
of Road Transport Enterprises and Urban Passenger Transport Enterprises (Trial Implementation)
This standard is formulated in accordance with the Production Safety Law of the People's Republic of China, the Road Traffic Safety Law of the People's Republic of China, the Road Transport Regulations of the People's Republic of China and other laws and regulations in order to guide all localities to scientifically determine and timely eliminate the hidden dangers of major accidents in the production safety of road transport enterprises and urban passenger transport enterprises. Article
2 This Standard is applicable to the determination of hidden dangers of major accidents in production safety of enterprises such as road passenger transport, road general cargo transport, road transport of dangerous goods, operation of urban rail transit, urban bus and trolley bus passenger transport, taxi passenger transport, training of motor vehicle drivers, maintenance of motor vehicles and bus passenger stations. Article
3 If a road transport enterprise or an urban passenger transport enterprise has any of the following circumstances, it shall be judged as a major accident hidden danger:
(1) Engaging in business activities without obtaining a business license or filing in accordance with the provisions, or operating beyond the license (filing) items and the validity period;
(2) Engaging in business activities by using scrapped, unauthorized refitting, assembling, unqualified inspection and testing (including those not within the validity period) and other vehicle equipment, facilities and equipment that do not conform to the provisions of the State;
(3) Operating drivers and vehicles have long-term "three excesses and one fatigue" (speeding, overstaffing, overloading, fatigue driving) and have not been promptly reminded and corrected in the course of transportation, and have not been seriously dealt with within one month after the end of transportation. Or the operating driver has a credit assessment score of 10 points or more at a time and continues to arrange work without serious treatment;
(4) Typhoon orange or above warning has been issued at the place of operation or the place where the operation line passes, and the red warning of rainstorm, snowstorm, hail, fog, sandstorm, gale, road icing, or the red warning of meteorological risk of geological disasters does not meet the conditions for safe passage. Arranging transportation operations without executing the shutdown instructions of government departments or the contingency plan requirements of enterprises;
(5) Other potential hazards that should be judged as major accidents in accordance with laws, regulations and rules. Article
4 If a road passenger transport enterprise has the circumstances specified in Article 3 of this Standard or one of the following circumstances, it shall be judged as a major accident hidden danger:
(1) a road passenger transport line of more than 800 kilometers fails to carry out safety risk assessment in accordance with the provisions. Or the passenger transport vehicle to which the passenger transport vehicle belongs fails to stop for a rest or connect for transportation between 2 am and 5 am in accordance with the provisions;
(2) The passenger transport vehicle to which the passenger transport vehicle belongs illegally carries or carries dangerous goods. Article
5 If a road general freight transport enterprise has the circumstances specified in Article 3 of this Standard or one of the following circumstances, it shall be judged as a major accident hidden danger:
(1) The freight transport vehicle to which it belongs intentionally carries dangerous goods or transports prohibited or restricted goods in violation of regulations. In the course of transportation, it fails to remind and correct in time, and fails to deal with it seriously within one month after the end of transportation;
(2) The total mass of the vehicle and goods exceeds 100 tons due to illegal loading of the freight vehicle in the course of transportation. Article
6 If a road transport enterprise of dangerous goods has the circumstances specified in Article 3 of this Standard or one of the following circumstances, it shall be judged as a major accident hidden danger:
(1) The packaging container is damaged or leaked in the course of transporting dangerous goods;
(2) The medium transported by the tank of the normal-pressure liquid tank truck exceeds the scope of suitable medium, or carries dangerous goods beyond the approved load quality;
(3) The vehicle transporting dangerous goods fails to take relevant safety protection measures in accordance with the provisions;
(4) Before eliminating the hazards of dangerous goods, the special vehicles transporting highly toxic chemicals and explosives and the special tank vehicles (including tank trailers) are repaired by maintenance enterprises that do not have the conditions for the maintenance of dangerous goods vehicles. Article
7 If an urban rail transit operation unit has the circumstances specified in Article 3 (1), (2), (4) and (5) of this Standard or one of the following circumstances, it shall be judged as a major accident hidden danger:
(1) Failing to organize the evacuation of large passenger flow or the clearance of passengers due to major train failures in a timely manner as required;
(2) Failing to rectify major diseases and damages to the main structures of bridges, tunnels, stations and tracks in a timely manner as required;
(3) Failing to establish a management system for protected areas or failing to implement the system in place, resulting in dangerous incidents. Article
8 If an urban bus and trolley bus passenger transport enterprise has the circumstances specified in Article 3 of this Standard or one of the following circumstances, it shall be judged as a major accident hidden danger:
(1) Failing to install safety protection quarantine facilities in the driving area of urban bus and trolley bus vehicles as required;
(2) The power batteries of buses and trams in new energy cities exceed the warranty period and continue to be used without timely replacement as required. Article
9 Where a taxi passenger transport enterprise has the circumstances specified in Article 3 of this Standard or one of the following circumstances, It shall be judged as a major accident hidden danger:
(1) The vehicle or driver provided by the online taxi booking operator (online taxi booking platform company) is inconsistent with the vehicle or driver actually providing services offline;
(2) Online taxi booking operators (online taxi booking platform companies) fail to set up "one-button alarm" in the prominent position of App, or set up "one-button alarm" but can not be used normally. Article
10 If a motor vehicle driver training institution has the circumstances specified in Article 3 of this Standard or one of the following circumstances, it shall be judged as a major accident hidden danger:
(1) Failing to comply with the route and time designated by the traffic management department of the public security organ when conducting training on the road;
(2) The affiliated coaches are engaged in driving training and teaching after drinking or drunkenness, or fail to give on-the-spot or on-the-spot guidance in basic and field driving training or on-the-spot guidance in road driving training according to regulations. Article
11 If a motor vehicle maintenance enterprise has the circumstances specified in Article 3 of this Standard or one of the following circumstances, it shall be judged as a major accident hidden danger:
(1) It does not have the conditions for the maintenance and operation of dangerous goods transport vehicles but still undertakes the repair of dangerous goods transport vehicles in violation of regulations;
(Two) special operation personnel fail to hold certificates according to regulations.Article
12 If an enterprise engaged in the operation of a bus passenger station has the circumstances specified in Article 3 of this Standard or one of the following circumstances, it shall be judged as a major accident hidden danger:
(1) Failing to implement the real-name management system for Class I and Class II passenger lines in accordance with the provisions;
(2) Allowing overloaded vehicles to leave the station. Article
13 Where a major accident is determined to be a hidden danger in accordance with these Standards, road transport enterprises and urban passenger transport enterprises shall report to the competent department of transportation in the territory and the administrative department responsible for the supervision and management of production safety in a timely manner in accordance with the relevant provisions, and take corresponding measures to deal with it in accordance with the regulations. Article
14 This Standard shall come into force as of October 1, 2023.
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