Measures of Guangdong Province for the Treatment of Overloading and Overloading of Road Freight Transportation
the first In order to strengthen the overload control of road freight transportation, ensure the sound, safe and smooth roads, and ensure the safety of people’s lives and property, these measures are formulated in accordance with the laws and regulations such as the Law of People’s Republic of China (PRC) on Safety in Production, the Highway Law of People’s Republic of China (PRC), the Road Traffic Safety Law of the People’s Republic of China, and combined with the actual situation of this province.
the second These Measures shall apply to the governance of road freight transportation overload within the administrative area of this province.
The term "over-limit" as mentioned in these Measures refers to the fact that cargo transport vehicles (hereinafter referred to as trucks) exceed the standards of load limit, height limit, width limit and length limit of roads, roads and bridges, road tunnels and automobile ferries.
The term "overload" as mentioned in these Measures refers to the fact that the contents of a freight car exceed the approved load quality.
Article Road freight transport overload control, should adhere to the principle of safety first, prevention first, comprehensive management, the establishment of government leadership, departmental linkage, industry self-discipline, enterprise management and control mechanism.
Article 4 The people’s governments at or above the county level shall strengthen the leadership over the governance of road freight transportation overload, establish and improve the liaison and coordination mechanism for governance, support and urge relevant departments to perform their governance responsibilities according to law, incorporate governance into the safety production assessment system, and incorporate governance funds into the fiscal budget at the corresponding level.
Township people’s governments and sub-district offices shall assist the relevant departments to do a good job in the management of road freight transportation overload within their respective administrative areas.
Article 5 The transportation departments of the people’s governments at or above the county level and the public security organs shall, in accordance with the division of responsibilities, be responsible for the work related to the overload control of trucks within their respective administrative areas.
The relevant departments of the people’s governments at or above the county level, such as development and reform, industry and informatization, natural resources, housing and urban-rural construction, water administration, agriculture and rural areas, emergency management, market supervision, forestry, etc., shall, in accordance with the division of responsibilities, do a good job in the work related to the management of road freight transportation overload.
Article 6 Units and individuals engaged in the production, sale, modification, inspection and cargo transportation of trucks, as well as the source units of cargo loading, shall implement the main responsibilities and regulate the production, sale, modification, inspection, cargo transportation, loading and other related activities of vehicles as required.
Article 7 Vehicle production, logistics and other industry associations shall, in accordance with laws, regulations and articles of association, promote the construction of industry integrity, strengthen industry guidance and self-discipline management, and guide members to implement the requirements for the management of road freight transportation overload.
Article 8 The relevant departments of the people’s governments at or above the county level shall strengthen the monitoring and analysis of the operation of the road freight transport market, promote the rational formation of freight transport prices and the rational utilization of transportation capacity, standardize the new business practices of online freight transport, and maintain the market order of fair competition.
The relevant departments of the people’s governments at or above the county level shall standardize the law enforcement actions related to the overload control of road freight transportation, and take effective measures to strengthen the care and psychological counseling for truck drivers, improve their working environment and protect their legitimate rights and interests.
Article 9 Relevant departments of the people’s governments at or above the county level, township people’s governments and sub-district offices shall, in accordance with the division of responsibilities, strengthen the publicity and education work on the management of overloading of road freight transport, and guide the source units, freight transport operators and truck drivers to legally load, standardize their operations and transport safely.
Article 10 The safety production rules, regulations and operating procedures of the unit where the goods are loaded shall include legal loading.
The source unit of cargo loading shall take the following technical and management measures to discover and eliminate hidden dangers of cargo loading accidents in time:
(a) in accordance with the provisions of the installation of qualified overload detection, monitoring and other equipment;
(two) to register the loading of goods or the release of trucks, and not to release illegal overloaded trucks;
(three) other technical and management measures to find and eliminate the hidden dangers of cargo loading accidents.
Article 11 Transportation departments and other departments responsible for the supervision and administration of production safety, Township People’s governments and sub-district offices shall supervise and inspect the source units of goods loading in accordance with the provisions of laws and regulations, and urge the implementation of the main responsibility for production safety; The hidden dangers of accidents found in the inspection shall be ordered to be eliminated immediately, and relevant illegal acts shall be dealt with according to law.
Article 12 Using the network to provide freight information services and cargo stowage, it is not allowed to overload and distribute goods, and it is not allowed to instruct or force truck drivers to overload and transport goods.
Article 13 Expressway management units shall set up weighing and testing facilities and equipment in accordance with the regulations, and shall not allow untested trucks or over-limit trucks that fail to pass the test to enter the expressway.
Article 14 The transportation department of the provincial people’s government shall, in accordance with the principle of unified planning, rational layout, total control and timely adjustment, put forward the scheme of joint law enforcement and cancellation of over-limit detection stations, solicit the opinions of the public security organs of the provincial people’s government and report them to the provincial people’s government for approval.
The over-limit inspection station located at the intersection of provinces, multiple national highways and provincial highways or the main passage of goods transportation shall be jointly enforced by the transportation authorities and public security organs.
The out-of-gauge inspection station that has not implemented the joint law enforcement in the station shall be responsible for detecting and supervising the elimination of illegal acts by the competent department of transportation, and notify the public security organ in time; The public security organ shall arrive at the station in time for joint law enforcement.
Article 15 The people’s governments of cities, counties and districts shall, in accordance with the needs of road freight transportation overload control, set up monitoring equipment for road surface control technology such as weighing detection equipment, vehicle capture identification equipment and video monitoring equipment.
Before the monitoring equipment of pavement treatment technology is officially put into use, signs and signs shall be set up on the monitored road sections, and the information such as the location of the monitoring equipment of pavement treatment technology shall be publicized to the public 30 days in advance; Not in accordance with the provisions of publicity, shall not be put into use.
Article 16 When building or rebuilding a highway, technical monitoring equipment such as overrun detection stations or vehicle detection shall be included in the project budget as ancillary facilities of the highway, and shall be designed, constructed and accepted simultaneously with the main highway project.
The people’s governments at or above the county level shall co-ordinate the protection of the site requirements such as the parking of overloaded trucks and the unloading of goods.
Article 17 The transportation departments of the people’s governments at or above the county level and the public security organs shall establish a normalized working mechanism for joint law enforcement of truck overload control.
The transportation departments and public security organs of the provincial people’s government shall strengthen coordination with the transportation departments and public security organs of neighboring provinces, explore the establishment of a cross-regional linkage mechanism for the management of overloading and overloading of trucks, and strengthen the information sharing of administrative law enforcement.
When accepting the transfer registration, the public security organ of the people’s government at or above the county level finds that the truck is suspected of being overloaded and has not accepted the handling, it shall inform the applicant to accept the handling in time.
Article 18 The transportation departments of the people’s governments of cities, counties and districts and the public security organs shall, according to the road network structure and the traffic flow of trucks within their respective administrative areas, formulate a mobile law enforcement plan to control the overloading of trucks and carry out joint mobile law enforcement.
Article 19 The source unit of goods loading shall provide the truck driver with the documents indicating the license plate number, loading or release information and keep them at the bottom.
When investigating the illegal overloading of trucks, the administrative organ shall collect the relevant illegal clues of the unit where the goods are loaded and transfer them in accordance with the regulations. The source unit of cargo loading and the truck driver shall truthfully provide the cargo loading or truck release documents, and cooperate with relevant departments to conduct traceability investigation.
Article 20 Staff of people’s governments at all levels and relevant departments who abuse their powers, neglect their duties or engage in malpractices for selfish ends in the management of road freight transportation overload shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 21 In violation of the provisions of article twelfth of these measures, the competent transportation department of the people’s government at or above the county level shall handle it in accordance with the relevant provisions of the Regulations on Highway Safety Protection and the Regulations on Road Transportation in Guangdong Province.
Article 22 The term "source unit of goods loading" as mentioned in these Measures includes the following subjects:
(a) ports, road and railway freight stations, logistics parks, bulk commodity trading markets and other production and business units;
(two) mines, steel, cement and cement products, non-ferrous metal products, heavy equipment and other production and business units;
(three) construction sites, gravel yards, concrete mixing stations and other production and business units;
(4) Production and business operation entities of other places where goods are loaded and shipped.
The term "departments responsible for the supervision and administration of production safety" as mentioned in these Measures refers to emergency management departments and departments that supervise and administer the work of production safety in relevant industries and fields.
Article 23 The overload control of trucks transporting dangerous goods or driving on urban roads shall be implemented in accordance with the provisions of relevant laws and regulations.
Article 24 These Measures shall come into force as of January 1, 2024. "Guangdong Province, the management of freight vehicles overload accountability measures" and "Guangdong Province road freight transport source overload management measures" shall be repealed at the same time.