Policy interpretation of Liaoning Province Freight Vehicle overloading cargo unloading Management Measures
With the continuous deepening of the reform of comprehensive administrative law enforcement in public institutions and transportation in our province, in order to better adapt to the practical work of law enforcement in our province under the new model, the Liaoning Provincial Department of Transportation issued the "Liaoning Province Cargo Vehicle Over Limit and Overload Cargo Unloading Management Measures".。In order to facilitate the relevant units and transportation law enforcement departments to better understand the relevant content and effectively implement the work, the "Administrative Measures" are interpreted as follows: 1. Basis for promulgation
In accordance with the Highway Law of the People's Republic of China, the Regulations on Highway Safety Protection, the Regulations on the Management of Over-limit Transport Vehicles driving on Highways, the Regulations on the Control of over-limit and Overload of cargo Transport Vehicles of Liaoning Province, and the Implementation Opinions of the Ministry of Transport on the normalization and institutionalization of joint law enforcement of over-limit and overload of vehicles，And draw on the "Highway overlimit detection station management Measures" to formulate these measures。 Articles 1 to 4 of these Measures are the preamble，The main content is to establish the basis, unloading principles and requirements;Articles 5 to 8 are the site management section，The main contents are the criteria for site selection and the requirements for site operators;Articles 9 to 14 are unload management sections，The main content is to implement the relevant requirements of unloading and cargo storage for law enforcement departments;Article 15 to Article 19 are law enforcement supervision and responsibility management，The main content is the restriction and responsibility of the venue operator and law enforcement departments in the parking, unloading, storage and other aspects of the relevant provisions。 Iii. Relevant basis for important provisions 1.Article 39 of the Regulations on Highway Safety Protection stipulates: "With the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the relevant transport authorities may set up fixed over-limit testing stations, equipped with necessary equipment and personnel."。 2.Article 36 of the Regulations on the Administration of Over-limit Transport Vehicles Driving on Highways stipulates that "over-limit transport is found to be illegal after testing.，The highway management authority shall order the parties concerned to take measures such as unloading by themselves，Eliminate the illegal state;It is indeed difficult for the parties concerned to eliminate the illegal state on their own，A third party or highway management agency may be entrusted to assist in eliminating the illegal state."。 3.Article 19 of the Regulations on the Control of excess overload of cargo transport vehicles in Liaoning Province provides that: "If the cargo vehicles identified by testing as excess overload transport disintegrable items, the highway management authority or the traffic management department of the public security organ shall order the carrier to take corrective measures such as self-unloading and sub-loading to eliminate the illegal state.。If the carrier refuses to unload or subpack on site, it shall do so on behalf of the carrier and the expenses shall be borne by the carrier。Cargo vehicles after unloading and reloading shall be rechecked and can be driven on the road only after meeting the prescribed standards."。 "If the carrier is unable to keep the unloaded cargo by itself and needs to temporarily store the overloading detection site, it shall sign a custody agreement according to law.。Exceeding the storage period agreed in the agreement, the highway management authority and other departments shall inform the carrier to clean up within a time limit;If the unloaded goods are not cleared on time, the highway management authority and other departments may deal with them in accordance with relevant laws and regulations。Measures for unloading and storage of goods shall be formulated by the provincial administrative department of transportation."。 4.Article 11 of the Measures for the Management of Highway over-limit Detection stations provides that: "The construction of highway over-limit detection stations shall, according to the needs of vehicle over-limit detection, reasonably set up basic functional areas for detection, law enforcement processing, unloading, parking and other vehicle over-limit detection."。 5.The 20th article of the "Highway over-limit detection station management Measures" stipulates that: "Highway over-limit detection stations shall, according to the work process of detection and law enforcement, clarify the responsibilities of different positions such as vehicle guidance, over-limit detection, administrative punishment, unloading and reloading, mobile detection, and equipment maintenance."。 6.Article 23 of the Administrative Penalty Law stipulates that "When imposing administrative penalties, the administrative organ shall order the party concerned to correct or correct the illegal acts within a time limit."。
Original link:
http://jtt.ln.gov.cn/jtt/zfxxgk/fdzdgknr/lzyj/bbmgfxwj/2024022609174319893/2024022609172656310.doc
