Provisions on the Administration of Road Transport of Radioactive Articles (2016 Revision)

Provisions on the Administration of Road Transport of Radioactive Articles (2016 Revision) Provisions on the Administration of Road Transport of Radioactive Articles (Issued by the Ministry of Transport on October 27, 2010 and amended in accordance with the Decision of the Ministry of Transport on Amending the Provisions on the Administration of Road Transport of Radioactive Articles, Order No. 71 [2016] of the Ministry of Transport on September 2, 2016) Chapter I General Provisions Article 1 For purposes of regulating the road transport of radioactive articles, guaranteeing the life and property security of the people, and protecting the environment, these Provisions are developed in accordance with the Road Transport Regulation and the Regulation on the Administration of Road Transport of Radioactive Articles. Article 2 Whoever conducts the road transport of radioactive articles shall abide by these Provisions. Article 3 For the purpose of these Provisions, “radioactive articles” mean the articles containing radioactive nuclide, of which the activity and specific activity are both higher than the exemption value set forth by the state. For the purpose of these Provisions, “special vehicles for the road transport of radioactive articles” (hereinafter referred to as “special vehicles”) mean trucks that meet specific technical conditions and requirements and are used for the road transport of radioactive articles. For the purpose of these Provisions, “road transport of radioactive articles” means the use of special vehicles to conduct the road transport of radioactive articles. Article 4 Based on the features of radioactive articles and the degree of their potential hazards to human health and the environment, radioactive articles are classified into Categories I, II and III. “Category I radioactive articles” mean radioactive articles that will cause significant radiation effects to human health and the environment after being discharged into the environment, such as Class I radioactive sources, high-level radioactive wastes and spent fuels. “Category II radioactive articles” mean radioactive articles that will cause ordinary radiation effects to human health and the environment after being discharged into the environment, such as Class II and Class III radioactive sources and middle-level radioactive wastes. “Category III radioactive articles” mean the radioactive articles that will cause minor radiation effects to human health and the environment after being discharged into the environment such as Class IV and Class V radioactive sources, low-level radioactive wastes and radioactive drugs. The specific categorization and directory of radioactive articles shall be governed by the specific categorization and directory of radioactive articles formulated by the nuclear safety regulatory department of the State Council jointly with the competent departments of public security, health, customs, transport, railways, civil aviation and nuclear industry of the State Council. Article 5 Anyone who engages in the road transport of radioactive articles shall ensure security, conduct legal transport, and have good faith. Article 6 The competent transport department of the State Council shall take charge of the administration of road transport of radioactive articles nationwide. The competent transport departments of local people's governments at and above the county level shall be responsible for organizing and leading the administration of road transport of radioactive articles of their administrative regions. The road transport administrative authority at or above the county level shall be responsible for conducting the specific administration of road transport of radioactive articles of its administrative region. Chapter II Licensing of Transport Qualification Article 7 Whoever applies for engaging in the road transport of radioactive articles shall meet the following conditions: (1) It has special vehicles and equipment satisfying the relevant requirements. (a) Requirements for special vehicles. (i) The technical requirements for special vehicles shall conform to the relevant provisions of the Provisions on the Technical Administration of Road Transport Vehicles. (ii) Five or more vehicles are owned by the enterprise. (iii) The vehicles with the approved laden mass of one ton or less are van-type vehicles or enclosed trucks. (iv) The provided vehicles satisfy online monitoring requirements and are equipped with global positioning systems with the functions of traveling data recorders. (b) Equipment requirements. (i) It has valid means of communication. (ii) It has necessary radioaction protection articles and monitoring equipment passing periodical inspection in accordance with the law. (2) It has employees who satisfy the relevant requirements. (a) The drivers of special vehicles have obtained corresponding motor vehicle driving licenses and are below the age of 60. (b) The drivers, loading and unloading management personnel and transport escorts that engage in the road transport of radioactive articles have passed the examination held by the competent transport department of the local people's government at the level of a districted city, and have obtained the road transport qualification certificate of the category of “road transport of radioactive articles” (hereinafter referred to as the “road transport qualification certificate”). (c) It has safety management personnel having radiation protection and the relevant safety knowledge. (3) It has sound work safety management rules. (a) It has emergency response plans for work safety. (b) It has work safety management rules for employees, vehicles, equipment and parking ground. (c) It has work safety operation rules and measures for the management of radiation protection. (d) It has rules for work safety supervision and inspection and responsibility rules. Article 8 Where an entity that produces, sells, uses or disposes of radioactive articles (including an entity operating urban radioactive waste bases of a province, an autonomous region or a municipality directly under the Central Government that engages in the transport of radioactive articles in the storage of radioactive wastes) meets the following conditions, it may use special vehicles prepared by it to conduct the road transport of radioactive articles not as a business serving its own needs. (1) It possesses a valid certificate for producing, selling, using or disposing of radioactive articles approved by the relevant department in accordance with the law. (2) It has containers for the transport of radioactive articles that satisfy the requirements of the state. (3) It has professional technicians with radiation protection and safety protection knowledge. (4) It has drivers, special vehicles, equipment and work safety management rules meeting the conditions as set forth in Article 7, but the number of special vehicles may be less than five. Article 9 The state encourages entities that produce, sell, use or dispose of radioactive articles with abundant technical strength and good equipment and transportation conditions to apply for engaging in the road transport of radioactive articles not as a business according to the conditions as set forth in Article 8. Article 10 An entity that applies for engaging in the road transport of radioactive articles shall file an application with the local municipal road transport administrative authority at the level of a districted city, and submit the following materials: (1) An Application Form for the Business of Road Transport of Radioactive Articles, including the basic information on the applicant, the scope of radioactive articles to be transported upon application (categories or name) and other content. (2) The identity certificate of the person in charge of the enterprise and the photocopy thereof, the identity certificate of the person who handles specific matters and the photocopy thereof, as well as the letter of authorization. (3) Documents proving the conditions of special vehicles and equipment, including: (a) Where no vehicles are purchased, it shall submit a letter of commitment on vehicles to be used, including the quantity, types, technical grades, total mass, approved laden mass, number of axles, outer dimensions and other relevant information of vehicles to be purchased. (b) Where the vehicles have been purchased, the vehicle license, ratings of technical grades of vehicles and the photocopies thereof and other relevant materials shall be provided. (c) Materials on explaining the information on the provision of equipment such as radiation protection products and monitoring equipment shall be provided. (4) The road transport qualification certificates of the relevant drivers, loading and unloading management personnel and transport escorts and the photocopies thereof, the drivers' driving licenses and the photocopies thereof, and work certificates of safety management personnel. (5) The enterprise's business plan and texts of the relevant work safety management rule......