Since March 1, Shanxi Province will implement the revised "Measures for Overload Control at the Source of Road Freight Transport in Shanxi Province", adhere to the concept of overload control according to law, and escort the work of overload control in Shanxi Province under the new situation. The source units of the
Measures refer to the operators and managers of coal, steel, cement, sand, commodity vehicles and other cargo distribution centers, as well as freight stations. The
unit at the source shall not commit any of the following acts:
(1) loading and stowage for vehicles exceeding the standard;
(2) loading and stowage for vehicles without licenses, with incomplete licenses, or illegally refitted;
(3) providing false certificates of loading and stowage for vehicles exceeding the standard and overloaded;
(4) Tampering with, concealing or destroying the data and information of overload control at the source;
(5) Refusing or obstructing the supervision and inspection of overload control at the source.
The original text is as follows:
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2023, in order to control the overloading at the source of road freight transport, maintain the order of road freight transport market, and ensure the safety of people's lives and property. These Measures are formulated in accordance with laws and regulations such as the Safety Production Law of the People's Republic of China and the Regulations on Highway Safety Protection, and in light of the actual situation of the province. Article
2 These Measures shall apply to the activities of controlling overloading at the source of road freight transport (hereinafter referred to as "overloading at the source") within the administrative region of the province. Article
3 The principles of government-led, department-linked, source control and territorial management shall be adhered to in the work of source control. Article
4 The people's governments at or above the county level shall be responsible for the work of overloading control at the source within their respective administrative areas, incorporate the work of overloading control at the source into the assessment of responsibility for production safety objectives, improve the mechanism of responsibility inversion, and include the required work funds in the financial budget at the corresponding level. The people's governments
at the county level shall publicize the road freight transport source units (hereinafter referred to as "source units") registered according to law within their respective administrative areas to the public and update them regularly.
Township (town) people's governments and sub-district offices shall, in accordance with the relevant provisions of laws, regulations and rules, do a good job in controlling overloading at the source. Article
5 The competent department of transportation of the people's government at or above the county level shall supervise and administer the work of overloading control of the source units publicized by the people's government at the county level, and investigate and punish the illegal overloading of the source units. Departments of development and reform, public security, finance, natural resources, housing and urban and rural construction, emergency management, market supervision and management, and administrative examination and approval service management of the people's governments at or above
the county level shall, in accordance with their respective responsibilities, do a good job in the work related to source control. Article
6 Any unit or individual shall have the right to report any violation of the relevant provisions on overload control at the source. The competent department of transportation of the people's government at or above
the county level shall publish the telephone number for reporting, accept social supervision and protect the legitimate rights and interests of the informants. Article
7 People's governments at or above the county level shall commend and reward units and individuals who have made outstanding contributions to the work of overloading control at the source in accordance with regulations. Article
8 People's governments at or above the county level shall establish and improve the information management platform for overloading control at the source by means of information technology such as the Internet and big data, so as to improve the ability of scientific and technological overloading control. Article
9 An entity at the source shall perform the following duties:
(1) to establish and improve the work system and clarify the work duties;
(2) to train and assess the person in charge and relevant personnel;
(3) Improve the system of vehicle loading and stowage registration and the filing of cargo loading list;
(4) Load, weigh, invoice, register and issue cargo loading list in accordance with regulations;
(5) Configure weighing facilities and information monitoring facilities in line with national standards;
(6) Real-time transmission of data such as cargo loading list and monitoring video to the information management platform for overload control at the source;
(7) Timely disposal of hidden dangers of overload control at the source, and report to the competent department of transportation of the people's government at the county level. The cargo loading list specified in
the preceding paragraph shall record such basic information as the name of the source unit, the number of the vehicle license plate, the total weight of the vehicle and goods, the type of goods and the time of departure. Article
10 An entity at the source shall not commit any of the following acts:
(1) overloading and stowage for vehicles;
(2) stowage and stowage for unlicensed and unlicensed vehicles, vehicles with incomplete licenses, and illegally refitted vehicles;
(3) Providing false loading certificates for overloaded vehicles;
(4) Tampering, concealing or destroying the data and information of source overloading control;
(5) Refusing or obstructing the supervision and inspection of source overloading control. Article
11 Staff members of source units shall load, weigh, invoice and register in accordance with regulations, and shall not illegally release overloaded vehicles. The
twelfth is to encourage the development of road freight transport business through the network freight platform.
Network freight operators shall comply with the requirements of vehicle loading, and shall not instruct or force the actual carrier to overload the vehicle. Article
13 The driver of a freight vehicle shall refuse illegal overloading and overloading, carry the cargo loading list with the vehicle and cooperate with the inspection. Article
14 The supervision and inspection personnel at the source shall record in writing the time, place, content, problems found and their handling, and shall be signed by the inspectors and the relevant persons in charge of the inspected units; If the inspected unit refuses to sign, the inspectors shall record the situation and report it to the competent department. Article
15 The department in charge of transportation of the people's government at or above the county level shall transfer to the relevant department the following circumstances found in the supervision and inspection of overload control at the source:
(1) The unit at the source operates without a license;
(2) The weighing equipment of the unit at the source has not been subject to compulsory verification;
(3) The unit at the source violates the provisions of Items 1 to 3 of Article 10 of these Measures, and the circumstances are serious;
(4) The goods transport vehicles carry dangerous chemicals beyond the approved load quality;
(Five) cargo transport vehicles are unlicensed, unlicensed, incomplete or illegally refitted. The competent department of transportation of the people's government at or above
the county level shall report the transfer to the people's government at the corresponding level. Article
16 The competent department of transportation of the people's government at or above the county level shall push the information of dishonest acts such as illegal overloading and overloading of the source units to the provincial credit information sharing platform, make it public to the society through the credit China (Shanxi) website, and carry out joint punishment in accordance with the law and regulations.Article
17 If a source unit violates the provisions of Item 4 of Article 9 of these Measures and overloads, the competent department of transportation of the people's government at or above the county level shall order it to make corrections and impose a fine of 1000 yuan. If the
source unit violates the provisions of Items 5 to 7 of Article 9 of these Measures, the competent department of transportation of the people's government at or above the county level shall order it to make corrections and impose a fine of not less than 2000 yuan but not more than 10000 yuan. Article
18 Where a source unit violates the provisions of Item 4 of Article 10 of these Measures, the competent department of transportation of the people's government at or above the county level shall impose a fine of not less than 5000 yuan but not more than 20000 yuan; if the circumstances are serious, it shall impose a fine of not less than 20000 yuan but not more than 50000 yuan. Article
19 If a driver of a freight vehicle violates the provisions of Article 13 of these Measures and fails to carry or cooperate with the inspection of the cargo loading list, the competent department of transportation of the people's government at or above the county level shall impose a fine of not less than 500 yuan but not more than 1000 yuan. Article
20 The term "source units" as mentioned in these Measures refers to the operators and managers of cargo distribution centers such as coal, steel, cement, sand and gravel, commodity vehicles, and freight stations. Article
21 These Measures shall come into force on March 1, 2023. The Interim Measures for Controlling Overloading at the Source of Road Freight Transport in Shanxi Province promulgated by the Provincial People's Government on May 30, 2008 (Decree No.223 of the Shanxi Provincial People's Government) shall be abolished at the same time.
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