Traditional Culture Encyclopedia - Traditional festivals - The fourth chapter is the legal responsibility of the measures to control the overloading of freight vehicles in Anhui Province.
The fourth chapter is the legal responsibility of the measures to control the overloading of freight vehicles in Anhui Province.
In violation of the provisions of Article 11 of these measures, a vehicle manufacturing enterprise with the qualification as prescribed by the state fails to modify the vehicle according to the prescribed models and technical parameters, and the original issuing authority shall order it to make corrections and impose a fine of 40,000 yuan to 200,000 yuan; Refuses to correct, its qualification certificate shall be revoked.
Thirty-first in violation of the provisions of article fourteenth (1), (2), (4) and (5) of these measures, the road transport management institution at or above the county level shall order it to make corrections, and impose a fine of 6.5438+0 million yuan but not more than 30,000 yuan; If freight vehicles are overloaded due to stowage of freight stations, and the circumstances are serious, the original licensing authority shall revoke the road transport business license according to law.
In violation of the provisions of article fourteenth (three) of these measures, the road transport management institution at or above the county level shall order it to make corrections and impose a fine of RMB 0/000 per vehicle.
Article 32 Where a freight operator, in violation of the provisions of the second paragraph of Article 15 of these Measures, instigates or forces the driver of a freight vehicle to transport goods beyond the limit and overload, the road transport management institution at or above the county level shall order it to make corrections and punish it in accordance with the relevant provisions of the Regulations on Highway Safety Protection of the State Council.
Article 33 Where, in violation of the provisions of the first paragraph of Article 19 of these measures, the overall dimensions, axle load or total mass of vehicles and goods driving on highways exceed the standards prescribed by highways, highway bridges and highway tunnels, the highway management organizations at or above the county level shall order them to make corrections and punish them in accordance with the relevant provisions of the Regulations on Highway Safety Protection of the State Council.
Article 34 Where a freight vehicle that violates the provisions of the third paragraph of Article 21 of these Measures and is approved to carry out over-limit transportation fails to travel at the prescribed time, route and speed, the highway management institution at or above the county level or the traffic management department of the public security organ shall order it to make corrections; Refuses to correct, the highway management agencies at or above the county level or the traffic management department of the public security organ may detain the vehicle. If the vehicle does not carry the vehicle pass with it, the highway management institution at or above the county level shall detain the vehicle and order the driver of the freight vehicle to provide the vehicle pass or the corresponding certificate.
In violation of the provisions of the fourth paragraph of Article 21 of these measures, if a vehicle pass for overloading transportation is leased or transferred, the highway management institution at or above the county level shall confiscate the vehicle pass for overloading transportation and impose a fine of 1000 yuan to 5000 yuan. Where a forged or altered pass is used by an out-of-gauge transport vehicle, it shall be confiscated by the highway management institution at or above the county level and fined not more than 30,000 yuan.
Thirty-fifth 1 year, if the freight vehicle is illegally transported for more than 3 times, the road transport management institution at or above the county level shall revoke its vehicle operation license; Drivers of freight vehicles who have illegally transported for more than 3 times in 1 year shall be ordered by the road transport management institution at or above the county level to stop engaging in commercial transport; Road transport enterprises in 1 year illegally overloaded freight vehicles more than the total number of freight vehicles 10%, the road transport management institution at or above the county level shall order the road transport enterprises to suspend business for rectification; If the circumstances are serious, its road transport business license shall be revoked and announced to the public.
Thirty-sixth in violation of the provisions of the second paragraph of article twenty-fifth, one of the following acts, by the highway management agencies at or above the county level forcibly towed or detained freight vehicles, a fine of 30 thousand yuan:
(a) deliberately blocking the traffic lane of the fixed overload detection site or forcibly passing through the fixed overload detection site, thus disturbing the order of overload detection;
(two) take short-distance barge and other ways to avoid overload detection.
Thirty-seventh in violation of the provisions of article twenty-eighth, resulting in damage to roads and highway ancillary facilities, and refused to accept the on-site investigation and handling of highway management agencies at or above the county level, highway management agencies can detain freight vehicles.
Where a highway management organization detains a freight vehicle, it shall issue a certificate on the spot and inform the parties to handle it at the highway management organization within the prescribed time limit. If it fails to accept the treatment within the time limit and fails to accept the treatment within 3 months after the announcement, the detained vehicle shall be handled by the highway management organization according to law.
Highway management agencies shall properly keep the detained vehicles and shall not use them.
Thirty-eighth in violation of the provisions of these measures, which constitutes a violation of public security management, shall be punished by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 39 People's governments at or above the county level shall organize the investigation of the responsibility of freight vehicles that are seriously overloaded and out of gauge, and investigate the fault responsibility of units or individuals such as freight source units, vehicle production or modification enterprises, vehicle subordinate units, and fixed out-of-gauge detection sites.
Where the accountability involves enterprises or individuals, the legal representative and the person directly responsible shall be investigated by the administrative department according to law; Involving administrative organs and their staff, the unit or supervisory organ shall investigate the responsibility of the relevant personnel according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fortieth at or above the county level road transport management institutions, highway management institutions and traffic management departments of public security organs or other relevant departments of the staff in any of the following circumstances, by the unit or the supervisory organ shall be given administrative sanctions; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) registering and issuing license plates, driving licenses or vehicle operation licenses for freight vehicles that do not meet the national technical standards for motor vehicle safety;
(two) in violation of the provisions for the over-limit transport vehicle pass for over-limit freight vehicles;
(three) in violation of the provisions of the release of overloaded freight vehicles or only a fine, not the implementation of unloading;
(4) Interception and inspection of normal freight vehicles in violation of regulations;
(5) illegally detaining freight vehicles or using freight vehicles detained according to law;
(6) Accepting complaints and reports on illegal acts of overloading freight vehicles, failing to organize verification in time and deal with them according to law;
(seven) other dereliction of duty, abuse of power.
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