Chapter IV Transportation of Dangerous Chemicals

 

Article 35 The State carries out the professional level recognizing system for the transportation of dangerous chemicals; whoever fails to pass the professional level recognition shall not transport such chemicals.

The qualifications that must be fulfilled by enterprises that transport such chemicals shall be formulated by the administrative department in charge of communications of the State Council.

 

Article 36 Trough containers and other containers used for transporting dangerous chemicals shall not be used unless they are manufactured by the appointed professional manufacturing enterprises, and pass the test as well as inspection in accordance with the provisions of Article 21 herein.

The administrative departments in charge of quality control shall inspect the quality of trough containers and other containers manufactured by the appointed professional manufacturing enterprises as specified in the preceding Paragraph in regular or irregular intervals.

 

Article 37 Enterprises that transport dangerous chemicals shall train their drivers, shipmen, loading and unloading management personnel, and transport escorts for the relevant knowledge about safety, and these personnel shall not hold their posts unless they have mastered the knowledge about safety in transportation of dangerous chemicals, passed the examination organized by the administrative departments in charge of communications of the people¨s governments at the municipality level (with districts) (or passed the examination organized by the administrative departments in charge of maritime affairs, for shipmen), and obtained the post-holding qualification certificates. The loading and unloading of dangerous chemicals must be conducted under the spot command of the loading and unloading management personnel.

Drivers, shipment, loading and unloading personnel, and transport escorts for the transportation of dangerous chemicals must learn the properties and hazard characteristics of such chemicals, characteristics for the use of packing containers, and emergency measures in case of accidents. For the transportation of dangerous chemicals, the necessary emergency apparatus and protective appliances must be equipped.

 

Article 38 For the transportation of dangerous chemicals through highways, consignors shall have no option but to entrust professional transportation enterprises to transport such chemicals to transport such chemicals.

 

Article 39 For the transportation of hyper-toxic chemicals through highways, consignors shall apply to the public security organs of the people¨s governments at the county level of places of destination for the highway transportation pass for hyper-toxic chemicals.

In order to apply for the highway transportation pass for hyper-toxic chemicals, an consignor shall submit materials about the item names and quality of dangerous chemicals involved, the places of departure and destination, transportation route, transportation unit, drivers, transport escorts, professional levels of operating unit and purchase unit to the public security organ.

The public security organ of the State Council shall formulate the format of the highway transportation pass for hyper-toxic chemicals, and the specific measures on drawing it.

 

Article 40 The transportation of hyper-toxic chemicals and other dangerous chemicals whose transportation has been prohibited by the administrative department in charge of communications of the State Council shall be prohibited by making use of shipping channels such as inland rivers and other enclosed waters.

For the transportation of dangerous chemicals other than those as specified in the preceding Paragraph through shipping channels such as inland rivers and other enclosed waters, consignors shall have on option but to entrust the water transportation enterprises with the corresponding professional levels to transport such chemicals, go through formalities in accordance with the provisions of the administrative department in charge of communications of the State Council, and be subject to the supervision and administration of the relevant administrative departments in charge of communications (port administrations, administrative departments in charge of maritime affairs, hereinafter inclusive).

Ships used to transport dangerous chemicals and containers carried by them shall not be put into use unless they are manufactured in accordance with the standards of the State on the inspection of ships, and pass the inspection organized by the ship inspection institutions admitted by the administrative departments in charge of maritime affairs.

 

Article 41 Consigners, when consigning dangerous chemicals, shall state the item names, quantity, hazards, emergency measures, etc. of such chemicals to the carriers.

When the depressors or stabilizers need to be added for the transportation of dangerous chemicals, consignors shall add them upon the consignment, and inform the carriers.

Consignors shall neither carry secretly dangerous chemicals in consigned common goods, nor withhold information about dangerous chemicals, nor report dangerous chemicals as common goods.

 

Article 42 The necessary safety protection measures shall be adopted for the transportation, loading, and unloading of dangerous chemicals in accordance with the relevant laws, regulations, rules, and national standards, and in the light of hazard characteristics of such chemicals.

Trough containers and other containers used to transport dangerous chemicals must be sealed strictly, bear the internal and external pressure produced under the normal transport conditions, and guarantee that dangerous chemicals do not leak or sprinkle in case of changes of temperature, moisture or pressure in the course of transportation.

 

Article 43 For the transportation of dangerous chemicals through highways, the transport escorts must be assigned, and such chemicals shall be under the supervision of such escorts at any moment; the transport vehicles shall neither overload such chemicals, nor enter into areas with no thoroughfare for such vehicles. If it is necessary for such vehicles to enter into such areas with on thoroughfare, the reports shall be made to the local public security organs in advance; the public security organs shall appoint the driving time and routes, and the transport vehicles must be subject to such time and routes prescribed by the public security organs.

Areas with no thoroughfare for transport vehicles for dangerous chemicals shall be delimited by the public security organs of the people¨s governments at the municipality level (with districts), and the prominent signs shall be set up.

In case of parking transport vehicles for dangerous chemicals for accommodation on the way or abnormal transportation, reports shall be made to the local public security organs.

 

Article 44 When hyper-toxic chemicals are stolen, are lost, are drained, or leak on the way of highway transportation, the carriers and transport escorts must make reports to the local public security organs forthwith, and adopt all possible caution measures. The public security organs, upon the receipt of reports, shall notify other departments concerned of the relevant situations forthwith, and these departments shall adopt the necessary safety measures.

 

Article 45 Any units and individuals shall neither send dangerous chemicals by post, nor carry secretly such chemicals in mails, nor withhold information about such chemicals, nor report such chemicals as common goods for post.

 

Article 46 The transportation of dangerous chemicals through railways or by air shall be based on the relevant provisions of the administrative departments in charge of railways and civil aviation of the State Council.

 

 

 

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