Regulations of the People's Republic of China on Administration of Traffic Safety in Inland Rivers (2019 Amendment)

Regulations of the People's Republic of China on Administration of Traffic Safety in Inland Rivers (2019 Amendment) Regulations of the People's Republic of China on Administration of Traffic Safety in Inland Rivers (Issued by the Order No. 355 of the State Council of the People's Republic of China on June 28, 2002, revised for the first time in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations by the Order No. 588 of the State Council on January 8, 2011; and revised for the second time in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 1, 2017; and amended in accordance with the Decision of the State Council to Amend Certain Administrative Regulations on March 2, 2019) Chapter I General Provisions Article 1 These Regulations are formulated for the purposes of strengthening the administration of traffic safety in inland waters, maintaining traffic order in inland waters, and ensuring the safety of life and property of the people. Article 2 These Regulations must be complied with in navigation, berthing, operation and other activities related to traffic safety in navigable inland waters of the People's Republic of China. Article 3 The administration of traffic safety in inland waters shall comply with principles of safety and prevention first, convenience for the public and administration according to law, so as to ensure the safety, good order and smooth flow of traffic in inland waters. Article 4 The competent communications department of the State Council shall take charge of the administration of traffic safety in inland waters throughout the country. The maritime safety authority of the State shall, under the leadership of the competent communications department of the State Council, be responsible for the supervision over and administration of traffic safety in inland waters throughout the country. The maritime safety authority established by the competent communications department of the State Council in water areas administered by the Central Government and the maritime safety authority established by the people's government of a province, autonomous region or municipality directly under the Central Government in water areas other than those administered by the Central Government (hereinafter collectively referred to as the maritime safety authority) shall, in accordance with their respective duties and powers, carry out supervision over and administration of waterborne traffic safety in navigable inland waters under their jurisdiction. Article 5 The local people's governments at or above the county level shall enhance the administration of traffic safety in inland waters in their respective administrative areas, establish and improve the responsibility system for administration of traffic safety in inland waters. The people's governments of towns (townships) shall perform the following duties in the administration of traffic safety in inland waters in their respective administrative areas: (1) to establish and improve the responsibility system for vessel safety of administrative villages and vessel owners; (2) to implement the responsibility system for safety administration of ferries, crewmembers, and passenger quota; (3) to appoint specially assigned personnel for administration of traffic safety of vessels; (4) to urge owners, operators and crewmembers of vessels to comply with laws, administrative regulations and rules on traffic safety in inland waters. Chapter II Vessels, Floating Facilities and Crewmembers Article 6 Vessels shall not navigate unless they meet the following requirements: (1) having been surveyed according to law by a ship survey organization accredited by the maritime safety authority, and holding the certificates of survey duly-issued; (2) having been registered according to law with the maritime safety authority, and holding the certificates of registry; (3) having been manned in conformity with the provisions of the competent communications department of the State Council; (4) having necessary nautical publications onboard. Article 7 Floating facilities shall not conduct relevant activities unless they meet the following requirements: (1) having been surveyed according to law by a ship survey organization accredited by the maritime safety authority, and holding the certificates of survey duly-issued; (2) having been registered according to law with the maritime safety authority, and holding the certificates of registry; (3) having been manned with crewmembers having real grasp of techniques for waterborne traffic safety in accordance with the provisions of the competent communications department of the State Council. Article 8 Vessels and floating facilities shall be maintained in a state suitable for safe navigation, berthing and other relevant activities. The stowage and mooring of vessels and floating facilities shall be in conformity with the technical safety standards of the State. Article 9 Only those who have received professional training in waterborne traffic safety, passed the examination by the maritime safety authority and obtained certificates of competency or other equivalent documents may serve as crewmembers, while crewmembers of passenger vessels and vessels carrying dangerous goods shall, in addition, complete the relevant special training. Crewmembers without certificates of competency or other equivalent documents shall be prohibited from serving onboard. Crewmembers shall comply with their professional ethics, enhance their professional quality and perform their duties in full compliance with law. Article 10 Owners or operators of vessels or floating facilities shall strengthen the safety management of their vessels or floating facilities, establish and improve appropriate traffic safety management system, and be responsible for the traffic safety of their vessels or floating facilities, and they shall not employ anyone without the certificate of competency or other equivalent documents as crewmembers and shall not instigate or force any crewmember to operate in breach of relevant rules. Article 11 Owners or operators of vessels or floating facilities shall properly dispatch vessels or use floating facilities on the basis of their technical conditions, the status of their crewmembers, the waters and the hydrographic and meteorological conditions. Article 12 For vessels that must obtain the insurance documents or the certificates of financial security for liabilities for pollution damage and liabilities for salvaging sunken vessels in accordance with the provisions of the State, their owners or operators shall obtain such insurance documents or certificates of financial security and provide a copy thereof onboard. Article 13 Any forgery, alteration, buying or selling, renting or fraudulent use of certificates of ship survey, certificates of ship registry, certificates of competency or other equivalent documents of crewmembers shall be prohibited. Chapter III Navigation, Berthing and Operation Article 14 Vessels navigating in inland waters shall fly their national flags and have their names, ports of registry and load lines explicitly marked. Vessels and floating facilities that shall be scrapped in accordance with the provisions of the State shall not navigate or operate. Article 15 Vessels navigating in inland waters shall maintain a proper watch-keeping and proceed at a safe speed. The safe speed shall be determined on the basis of such main factors as visibility, traffic density, the maneuverability of the vessel, wind, wave, current, routing and surroundings. Any vessel with radar shall take into account the characteristics, efficiency and limitations of the radar. Vessels navigating in speed-limited areas or navigating during the high-level flooding time shall proceed at a speed set forth by the maritime safety authority. Article 16 When navigating in inland waters, upstream vessels shall proceed in slack waters or along the outer sides of the fairway, while downstream vessels shall proceed along the mainstream or in the middle of the fairway. Vessels navigating in tidal areas, lakes, reservoirs or calm waters shall proceed along the starboard side as possible as they can. Article 17 Vessels navigating in inland waters shall maneuver with caution to ensure safety. Where the movement of an approaching vessel is uncertain, or the sound signals are confusing, or close situation occurs, vessels shall reduce speed, stop or reverse engine to prevent collision. When vessels come to close quarters, all of them shall take care to avoid collision. The vessel shall give way under the rules of navigation must take the initiative to give the way to the others; the vessel that is given way shall keep watch on the give-way vessel and take measures as appropriate to assist in avoiding collision. Vessels involved in avoiding collision shall not alter their collision-avoiding actions once the intention of avoiding collision has been agreed thereupon. The specific rules on navigation, collision-avoiding and signaling of vessels shall be formulated by the competent communications department of the State Council. Article 18 For a vessel to enter or leave a port in an inland river, the voyage plan, riverworthiness, crew, cargo, and passengers, among others, of the vessel shall be reported to the maritime safety administration. Article 19 The following vessels that are to navigate in inland waters shall apply to pilot organizations for piloting: (1) vessels of foreign nationalities; (2) power-driven sea-going vessels of 1, 000 GT or more, other than those whose captains have had the experience of maneuvering vessels of the same type in the same inland waters within the last two months; (3) vessels with restricted navigability; (4) passenger vessels and vessels carrying dangerous goods that shall apply for piloting as specified by the competent communications department of the State Council. Article 20 When entering or leaving ports or passing traffic-control zones, dense traffic zones or areas with restricted navigation conditions, vessels shall comply with the relevant navigation rules promulgated by the maritime safety authority. No vessel may enter or cross without authorization the prohibition zones published by the maritime safety authority. Article 21 Vessels engaged in transporting goods or passengers shall meet the technical safety requirements on strength, stability, draught, fire prevention, life saving, etc. and conditions set forth by the competent communications department of the State Council for carrying goods or passengers. No vessel may overload goods or passengers. Article 22 Vessels carrying or towing over-weight, over-length, over-height, over-width or semi-submerged objects in navigable inland waters shall, 24 hours in advance of such loading or towage, report the intended route and time to the maritime safety authority for approval, and take necessary measures to ensure safe carriage or towage. Vessels in need of escort shall apply to the maritime safety authority for escort. Article 23 Under any of the following circumstances, the maritime safety authority may, in the light of prevailing conditions, take temporary measures such as time restriction of navigation, one-way traffic or prohibition of navigation to restrict and direct the traffic and make a public announcement therefor: (1) heavy weather; (2) large scale surface engineering operations; (3) waterborne traffic accidents affecting navigation; (4) large waterborne activities of the masses or sports events; (5) other circumstances under which safe navigation is substantially affected. Article 24 Vessels shall berth at wharves, berths or other waters announced as anchorages, lay-bys or operation areas according to law. In case of emergency where a vessel needs to berth in other waters, it shall make a report thereon to the maritime safety authority. When taking berth, vessels shall signal in accordance with provisions and shall not obstruct or endanger the safe navigation, berthing or operations of other vessels. Berthing vessels shall maintain sufficient number of crewmembers on duty aboard to ensure safety. Article 25 Anyone who is to carry out the following operations or activities in navigable inland waters or along the banks, which might affect safe navigation in inland waters, shall make a report thereon in advance to the maritime safety authority for approval: (1) exploration, exploitation or explosion; (2) construction, installation, repair or dismantling of structures or facilities at surface or underwater; (3) establishment of bridges or cable linkages; (4) laying, servicing or removal of cables or pipelines at surface and underwater; (5) installation of facilities such as mooring buoys, pontoons or bollards etc.; (6) construction of fairways, dredging at fairway or wharf front; (7) holding large mass activities or sports events. If a feasibility study is needed for carrying out the operations or activities listed in the preceding paragraph, the opinions of the maritime safety authority shall be solicited in the study; where, in accordance with the provisions of laws or administrative regulations, such operations or activities need to be approved by other relevant departments, relevant formalities for examination and approval shall be gone through according to law. Article 26 In examining and approving the operations or activities set forth in Article 25 of these Regulations, the maritime safety authority shall make a decision of approval or disapproval within 30 days from the date of receiving the application and inform the applicant thereof the decision in writing. In case of emergency where repair of fairways or dredging at fairway or wharf front is needed, those engaging in such repair or dredging may start their work while the application therefor is in progress. Article 27 Plant growing, aquaculture and establishment of permanently fixed facilities shall not be conducted in fairways. Where an aquaculture area is involved when delimiting a fairway, the competent department for fairway administration shall solicit the opinions of the competent department for fishery administration. Where a fairway is involved when establishing an aquaculture area, the competent department for fishery administration shall solicit the opinions of the competent department for fairway administration and the maritime safety authority. Article 28 The following operations to be conducted in navigable inland waters, which might affect safe navigation, shall be reported to the maritime safety authority for the record in advance: (1) meteorological observation, measurement or geological survey; (2) routine maintenance of fairways; (3) clearing of surface rubbish in a large area; (4) other activities that might affect the traffic safety in navigable inland waters. Article 29 In conducting the operations and activities set forth in Article 25 and Article 28 of these Regulations, marks shall be set up and signals shall be made in the areas where such operations and activities are conducted, and appropriate safety measures shall be taken in accordance with the provisions of the maritime safety authority to ensure safety of navigation. Upon completion of operations and activities referred to in the preceding paragraph, no objects impeding navigation shall be remained. Chapter IV Supervision and Administration of Dangerous Goods Article 30 Whar......