How to control the overload and overrun of large trucks in Hebei Province this year

A freight vehicle under any of the following circumstances is an out-of-gauge freight vehicle: (1) The total weight of vehicles and goods exceeds 55 tons (excluding 55 tons); (two) the weight of a single bearing exceeds ten tons (excluding ten tons); (3) The total weight of the automobile train combined with the full trailer exceeds the total weight of the main vehicle; (four) other circumstances identified by the relevant departments of the State Council. Chapter II Traffic Management Article 7 Overloaded freight vehicles are not allowed to drive on expressways without authorization. Except for freight vehicles that really need to be overloaded when transporting heavy-duty non-disassembled items, highway management agencies shall not apply for traffic permits for other overloaded freight vehicles. Eighth highway management agencies and public security traffic management departments shall control the overloaded freight vehicles at the overrun detection stations approved by the provincial people's government, and may also set up mobile detection unloading points in accordance with the relevant provisions of this province. Ninth overload control law enforcement officers in the overload control work, you can set up vehicle buffer zones and automatic roadblocks to ensure the normal work of overload control. Tenth out-of-gauge freight vehicles shall be identified after weighing and testing. If the driver of the freight vehicle refuses to weigh or the total weight of the vehicle exceeds the calibration limit of the weighing equipment, it can be determined by measuring the quantity. Eleventh overload law enforcement officers in accordance with the law to carry out supervision and inspection, found that freight vehicles suspected of overloading, it should be ordered to stop immediately, and guide them to overload detection station or mobile detection unloading point for testing. If, after the parties accept the previous punishment, the weighing test results are inconsistent with the total weight of empty vehicles and goods recorded in legal documents, and exceed the recognition standard, it can be recognized as secondary cargo assembly. Twelfth overload law enforcement officers shall order the illegal responsible person to unload the overloaded freight vehicles. If the illegal responsible person fails to unload itself within the specified time, it shall be forcibly unloaded, and the unloading expenses shall be borne by the illegal responsible person. Thirteenth highway management agencies, public security traffic management departments should promptly inform the relevant road transport management agencies of the information of the seized overloaded freight vehicles and drivers. The road transport management institution shall investigate and deal with it according to law. Fourteenth rural highway management units or departments can set up height-limiting and width-limiting facilities at important entrances and exits and node positions of rural highways, and set up safety warning signs at the same time. The establishment of facilities to limit height and width on county roads shall be approved by the people's government at the county level. Fifteenth freight vehicles with a total weight of more than 55 tons (excluding 55 tons) or a total weight of more than the recognition standard 100% can use the toll collection system to collect corresponding fees. The charging standard shall be implemented after being approved by the provincial people's government. Article 16 No unit or individual may obstruct or refuse the overload inspection of law enforcement personnel for any reason or way, and may not maliciously block traffic, forcibly break through customs, destroy facilities or threaten law enforcement personnel. For those who refuse to check and the vehicles obstruct the traffic, the overload control law enforcement officers will force the vehicles to leave or drag them to the overload control detection station and the mobile detection unloading point for detection, and the relevant expenses will be borne by the illegal responsible person. Seventeenth overload law enforcement personnel shall not have the following acts: (a) without obtaining the qualification of administrative law enforcement on the road to engage in overload law enforcement work; (two) only fines and charges, not unloading and releasing vehicles; (three) fines and charges; (4) Failing to investigate and deal with the overloading of freight vehicles. Any unit or individual has the right to complain and report to road transport management agencies, highway management agencies, public security traffic management departments or supervisory organs, government legal institutions and other departments for law enforcement personnel who violate the provisions of the preceding paragraph. The department that receives the complaint or report shall, in accordance with the division of responsibilities, promptly organize verification and deal with it according to law. Chapter III Source Management Article 18 Enterprises engaged in the production and operation of sand and gravel, iron powder, coal, steel, cement and dangerous chemicals, port enterprises, railway stations and road freight transport stations, and other operators engaged in road freight transport and stowage (hereinafter referred to as freight source units) must abide by the following provisions: (1) Clarify the responsibility of relevant employees of their own units for overload control, and establish and implement a responsibility investigation system; (two) training for cargo loading, billing, weighing and other employees; (three) in accordance with the provisions of the road transport management institution, register the information of freight vehicles, drivers and goods, and submit the registration results in time; (four) equipped with loading and stowage weighing facilities and equipment; (five) accept the supervision and inspection of law enforcement personnel, and truthfully provide relevant information and materials. Article 19 A freight source unit shall not commit any of the following acts: (1) Failing to load or stow goods in accordance with regulations and releasing overloaded vehicles; (2) Loading and stowage goods for freight vehicles without license plate, driving license and road transport license; (3) Loading and stowage of goods by freight vehicles that change the registered structure, structure or characteristics without authorization; (4) Loading or stowaging goods for freight vehicles driven by persons who have not produced their driver's license and qualification certificate; (five) to provide false proof for over-limit freight vehicles. Twentieth districts of the city and county (city, district) people's government should be the legitimate source of freight units to the public, accept social supervision. The freight source unit that has not obtained the administrative license according to law shall not engage in the production and business activities of cargo loading and stowage. Article 21 The road transport management institution shall supervise the freight source unit to announce the standards of overloading, the name of the supervision institution and the supervision telephone number, and supervise and manage the freight source unit by means of inspections and stationing personnel to stop illegal overloading. Article 22 The administrative department in charge of production and operation and the administrative licensing department of the freight source unit shall assist the road transport management institution to do a good job in the management of the freight source, investigate and deal with the cases transferred by it according to law, and report the investigation results to the institution that transferred the cases in time. Twenty-third freight operators should strengthen the vehicle safety knowledge of employees and the training and study of loading and stowage according to law to ensure the safety of road transportation. Freight operators shall not employ freight vehicle drivers without qualification certificates. Twenty-fourth freight vehicle drivers should show their driving license, road transport license, driver's license and qualification certificate to the freight source unit. Drivers of freight vehicles are not allowed to drive overloaded freight vehicles. Twenty-fifth freight vehicle production or modification enterprises should be in accordance with the national "vehicle production enterprises and products announcement" in the enterprise product categories and parameters, strengthen the management of production consistency, prohibit false calibration. Vehicle production and sales enterprises shall not sell vehicles that do not meet the mandatory national standards. The traffic administrative department of the public security shall not register or issue license plates and driving licenses for freight vehicles produced or modified in violation of the provisions of the preceding two paragraphs. Article 26 No unit or individual may change the registered structure, structure or characteristics of freight vehicles without authorization. It is forbidden to change the registered structure, structure or characteristics of freight vehicles on the highway without authorization. Article 27 Road transport management institutions and public security traffic management departments shall inform the industrial and information technology, quality and technical supervision departments of the information of freight vehicle production and modification enterprises about the seized freight vehicles that have changed their registered structure, structure or characteristics without authorization, and investigate and deal with them according to law. The investigation department shall promptly report the results of the investigation to the administrative department for industry and commerce and the information reporting unit. Chapter IV Legal Liability Article 28 If any staff member of a road transport management institution, highway management institution, public security traffic management department or other relevant departments commits one of the following acts, he shall be punished by his unit or supervisory organ; If it constitutes a crime, it shall be investigated for criminal responsibility according to law: (1) handling traffic permits for over-limit freight vehicles in violation of regulations; (two) in violation of the provisions of the release of overloaded vehicles or only fines, fees, not the implementation of unloading; (3) Fines or charges by itself or fines or charges by itself; (four) in violation of the provisions of the freight vehicle production, modification registration, license plate and driving license; (5) Failing to investigate and deal with cases transferred or notified by relevant departments in time; (six) after receiving a complaint or report, it fails to organize verification in time and deal with it according to law; (seven) other acts that fail to perform or improperly perform the duties of overload control, abuse their powers, engage in malpractices for selfish ends, and neglect their duties. If the staff specified in the preceding paragraph are administrative law enforcement personnel, the legal institution of the government shall, according to the seriousness of the case, temporarily suspend or revoke the administrative law enforcement certificate, cancel the qualification of administrative law enforcement, and suggest that the unit to which it belongs conduct full-time training or be removed from the law enforcement post. Those who engage in overloading law enforcement without obtaining the qualification of administrative law enforcement shall be ordered to stop law enforcement activities, and the responsibilities of relevant departments and units shall be investigated. Twenty-ninth in violation of the provisions of the provisions of article eighteenth, the road transport management institution shall order it to make corrections within a time limit, and if it fails to make corrections within the time limit, it shall be fined between one thousand yuan and two thousand yuan. Thirtieth in violation of the provisions of the provisions of article nineteenth, the road transport management institution shall order it to make corrections, and impose a fine of one thousand yuan per vehicle. Where the supplier of dangerous chemicals loads or stores dangerous chemicals in violation of the provisions of Item (2) and Item (3) of Article 19 of these Provisions, the road transport management institution shall transfer them to the safety production supervision and management department, order them to make corrections, and impose a fine of 1 10,000 yuan per vehicle. Thirty-first in violation of the provisions of the second paragraph of article twentieth of these measures, the administrative licensing and other relevant departments shall ban the production and operation according to law. Thirty-second in violation of the provisions of the second paragraph of article twenty-third, the road transport management institution shall order it to make corrections and impose a fine of not less than five hundred yuan but not more than one thousand yuan; If serious consequences are caused, the freight operator shall be ordered to suspend business for rectification until the road transport business license is revoked according to law. Thirty-third in violation of the provisions of the second paragraph of article twenty-fourth, the traffic management department of public security shall be given administrative punishment according to law. If a freight vehicle or driver is overloaded more than three times (including three times) within one year, the road transport management institution shall revoke its road transport certificate or qualification certificate. Thirty-fourth in violation of the provisions of the first paragraph of article twenty-fifth, the administrative department of industry and information technology shall report to the relevant departments of the state step by step, and cancel the announcement qualification of the vehicle manufacturing enterprises and products of this product; For the sold, illegally produced and modified freight vehicles, the enterprise will recall them by itself; Refusing to recall, the administrative department of quality and technical supervision shall order the recall within a time limit. In violation of the provisions of the second paragraph of article twenty-fifth, the administrative department for Industry and commerce shall investigate and deal with it according to law. Thirty-fifth in violation of the provisions of the first paragraph of article twenty-sixth, by the industrial and commercial administration, quality and technical supervision, public security traffic management and other relevant departments to investigate and deal with according to law. In violation of the provisions of the second paragraph of article twenty-sixth, the public security traffic management department and the road transport management institution shall be given administrative punishment according to law, and the person responsible for the violation shall be ordered to make restitution within a time limit in accordance with the national mandatory standards; If it fails to make corrections within the time limit, it shall be forcibly restored to its original state, and the expenses shall be borne by the person responsible for the violation. Thirty-sixth in violation of the provisions, overloading freight vehicles driving on the highway, the highway management agencies in accordance with the provisions of the "People's Republic of China (PRC) Highway Law", the illegal responsible person shall be given administrative punishment. Among them, in any of the following circumstances, a heavier punishment shall be given within the scope prescribed by law: (1) the total weight of vehicles and goods exceeds 55 tons (excluding 55 tons); (two) the total vehicle weight exceeds the prescribed standard 100%; (3) assembling the goods twice after the investigation; (4) obstructing or refusing the inspection. Thirty-seventh people's governments at or above the county level shall organize the investigation of the responsibility of freight vehicles that are seriously overloaded. Check the supply unit, the vehicle production or modification enterprise, the unit to which the vehicle belongs, the unit or individual passing through the overload detection station or the mobile overload detection unloading point. Where the accountability involves enterprises or individuals, the administrative department shall hold the legal representative and the person directly responsible accountable; Involving administrative organs and their staff, the responsibility of the relevant personnel shall be investigated by their superior administrative organs or supervisory organs; Involving the implementation of the administrative law enforcement responsibility system, the government legal institutions to implement accountability; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirty-eighth hinder overload law enforcement officers to perform official duties according to law, which constitutes a violation of public security management, the public security organ shall promptly investigate and deal with it in accordance with the provisions of the "People's Republic of China (PRC) Public Security Management Punishment Law"; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 39 The administrative leaders of the people's governments of cities and counties (cities, districts) with districts and relevant departments who fail to carry out the responsibility of overload control and conscientiously perform their duties, and the overloaded vehicles are not effectively controlled, especially the administrative leaders of the people's governments of cities and counties (cities, districts) where major safety accidents have occurred, shall be investigated for responsibility by the administrative organs at higher levels; Dispose of the directly responsible personnel in charge and the directly responsible personnel; If a crime is constituted, criminal responsibility shall be investigated according to law. Chapter V Supplementary Provisions Article 40 These Provisions shall come into force on August 1 day, 2065438.