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Interpretation of the Regulations on Safety Supervision and Management of Railway Dangerous Goods Transport 发布日期:【2020-08-11】 / 浏览次数:【9498】次

       1.Why is it necessary to formulate the "Regulations on the Supervision and Management of Railway Dangerous Goods Transport Safety"?

In March 2013, the railway implemented the reform of separating government and enterprise management system, clarifying that enterprises bear the main responsibility for safety and the government is responsible for safety supervision. In July 2013, administrative approval for railway dangerous goods transportation and consignment was cancelled, and government management shifted from pre-approval to in-process and post supervision. At the same time, newly revised laws and regulations such as the Safety Production Law, Railway Safety Management Regulations, and Dangerous Chemicals Safety Management Regulations have put forward new and higher requirements for the transportation of dangerous goods.

The promulgation of these regulations is necessary to implement relevant laws and regulations, supervise enterprises to fulfill their safety responsibilities, promote industry standardization of safety management, and strengthen government supervision. It is an urgent requirement to ensure the safety of dangerous goods transportation and the safety of public life and property.

  2.What is "dangerous goods" in railway transportation?

Dangerous goods transported by railway refer to substances and items that have hazardous characteristics such as explosion, flammability, toxicity, infection, corrosion, and radioactivity, and are prone to cause personal injury, property damage, or environmental pollution during railway transportation, requiring special protection.

The specific product names include relevant laws, administrative regulations, standards, and railway dangerous goods product names formulated and published by the railway industry supervision and management department of the State Council, such as the "Catalogue of Hazardous Chemicals (2015 Edition)", "List of Dangerous Goods Product Names (GB12268)", "List of Railway Dangerous Goods Product Names (Tieyun [2009] No. 130)", etc.

  3.Can all dangerous goods be transported by railway?

The following situations are strictly prohibited from transportation: firstly, dangerous goods that are prohibited from production and transportation by laws and administrative regulations, such as chlordane, hexachlorobenzene and other substances that pose serious risks to health and the environment, as well as illegally produced prohibited items. The second is items with unknown hazardous properties. The third is items that are excessively sensitive or can spontaneously react and cause danger without taking safety measures, such as ammonium azide, ammonium permanganate, etc. Fourthly, high-speed railways, intercity railways and other passenger dedicated lines, as well as passenger trains, are prohibited from transporting dangerous goods (except as otherwise provided by laws and administrative regulations).

  4.What conditions are required for transporting dangerous goods?

One is the station conditions. Stations, dedicated railways, and railway dedicated lines used for transporting dangerous goods shall comply with laws, administrative regulations, and standards, have the corresponding conditions for handling product names, and pass safety production evaluations.

The second is the equipment and facility conditions. Storage, loading and unloading, safety facilities and equipment, transportation vehicles, containers, other containers, transportation packaging, etc. shall comply with the relevant requirements of these regulations and other conditions stipulated by laws, administrative regulations, safety technical specifications and standards.

Thirdly, practitioners should master the hazardous characteristics of the transported dangerous goods and the requirements for the use of transportation vehicles, packaging materials, and containers, as well as emergency response methods in case of dangerous situations, and pass the assessment.

  5. Is it necessary to obtain qualifications for transporting dangerous goods?

According to the newly revised "Regulations on Railway Safety Management" (State Council Decree No. 639), the administrative license for railway dangerous goods transportation and consignment has been cancelled since July 2013. Carriers and shippers handling the transportation of dangerous goods are no longer subject to administrative approval.

  6.Where can the consignor handle the transportation of dangerous goods?

Railway stations, dedicated railways, and railway dedicated lines can handle the transportation of dangerous goods with corresponding product names as long as they comply with laws, administrative regulations, and standards, meet the corresponding product name handling conditions, and are publicly announced by railway transportation enterprises.

The consignor can choose the corresponding station for handling dangerous goods based on the information published by the railway transportation enterprise, including the name of the dangerous goods station, the location of the operation (freight yard, dedicated railway, railway dedicated line name), the name and number of the goods to be handled, and the shipping method.

  7. In what situations do shippers or consignees need to submit relevant proof materials?

One is the hazardous goods that are subject to license management for production, operation, storage, and use by the state, such as gasoline, benzene, sulfuric acid, and other hazardous chemicals.

The second is dangerous goods that require certification for transportation according to national regulations, such as narcotics, radioactive materials, civilian explosives, and precursor chemicals that belong to dangerous goods.

The third is dangerous goods that require the addition of inhibitors, stabilizers, and other special measures before transportation, such as chloroacetone, vinyl acetate, methyl methacrylate, etc.

The fourth is to transport dangerous goods whose packaging and containers are included in the industrial product catalog of the national production license system;

The fifth is other circumstances stipulated by laws, administrative regulations, and national regulations.

  8.What aspects does "transportation unit" include?

Relevant units engaged in railway dangerous goods transportation activities, such as railway transportation enterprises, shippers, consignees, dedicated railways, railway dedicated lines, as well as institutions conducting safety evaluations and consulting activities, all belong to the scope of transportation units. They should bear corresponding responsibilities for the related activities they engage in, such as transportation, consignment, loading and unloading, station management, training, safety evaluation, etc.

  9.What are the main safety obligations for transporting dangerous goods?

Firstly, truthfully explain to the railway transportation enterprise the name, quantity (weight), hazardous characteristics, and emergency response measures in case of dangerous situations of the dangerous goods being transported, and shall not conceal or falsely report the name of the dangerous goods for transportation; It is not allowed to carry dangerous goods in the checked ordinary goods, or carry prohibited goods in the dangerous goods.

The second is to truthfully submit relevant certificates to railway transportation enterprises for dangerous goods that are subject to license management, require certificate transportation, or require special measures as stipulated by the state.

The third is to equip necessary escort personnel and emergency response equipment, devices, and protective gear, and ensure that dangerous goods are always under the supervision of escort personnel.

  10.What are the main safety obligations for transporting dangerous goods?

One is to conduct safety inspections on the transported goods. It is not allowed to handle dangerous goods transportation procedures at non dangerous goods handling stations, transport goods that have not undergone safety inspections, or transport goods that do not comply with safety regulations and may endanger railway transportation safety.

The second is to inspect the relevant proof materials provided by the consignor and consignee for dangerous goods that are subject to license management, require transportation with certificates, or take special measures according to national regulations, and keep them for future reference.

The third is to inform the escort of precautions, inspect the escort personnel, spare parts, facilities, and escort work, and provide necessary working and living conditions for the escort personnel.

  11.How is the safety evaluation of dangerous goods transportation regulated?

Conducting safety assessments for the transportation of dangerous goods is an important technical guarantee for implementing the requirements of the Safety Production Law and the Regulations on the Safety Management of Hazardous Chemicals, as well as for implementing the policy of "safety first, prevention oriented, and comprehensive management". Social forces can be utilized to supervise dangerous goods transportation units, guide them to promptly identify problems, take measures to eliminate hidden dangers, and reduce accident rates. This regulation, in accordance with laws and regulations, absorbs railway management experience, draws on relevant industry practices, and focuses on defining the scope and subject of safety evaluation for the transportation of dangerous goods.

One is the scope of evaluation. Including safety production conditions such as existing hazardous goods loading and unloading, storage workplaces, and facilities; Constructing or renovating workplaces and facilities for loading, unloading, and storing dangerous goods; Increase the handling of dangerous goods categories in existing workplaces; And new names, packaging, and first-time use of railway tankers, containers, and specialized vehicles for loading dangerous goods.

The second is the evaluation subject. Transport units shall conduct safety evaluations in accordance with relevant national regulations. If it is required by laws and administrative regulations to entrust relevant institutions to conduct safety evaluations, transportation units shall entrust institutions with national qualifications and business scope covering railway transportation, hazardous chemicals and other related fields to conduct safety evaluations.

  12.How to ensure the safety of dangerous goods transportation during special periods such as Spring Festival travel rush?

Railway dangerous goods vehicles have a large loading capacity, and once an accident occurs, the consequences are extremely serious. To ensure safety, this regulation requires transportation units to take safety emergency management measures, strengthen safety inspections of railway dangerous goods transportation during peak transportation periods such as statutory holidays and traditional holidays, or under adverse weather conditions, as well as during major national events. If necessary, measures such as suspension, restriction, and detours may be taken.

This regulation further elaborates and clarifies the relevant provisions of the Railway Safety Management Regulations, and considers suspension, restriction, and detours as necessary measures that can be taken when necessary, which is conducive to maintaining national public safety and safeguarding the safety of public life and property, reflecting the spirit of "people-oriented" rule of law. At the same time, it also imposes constraints on the behavior of transportation units, avoiding arbitrary actions, which is conducive to safeguarding the rights and interests of both parties.

  13.What are the safety requirements for vehicles carrying dangerous goods?

One is to require the enclosed management of dedicated loading and unloading, storage areas, and safety facilities and equipment, and to set up clear safety warning signs to prevent unrelated personnel from approaching vehicles carrying dangerous goods.

The second requirement is for the consignor to provide necessary escort personnel, emergency response equipment, devices, and protective gear, and to keep dangerous goods under the supervision of the escort personnel at all times.

Thirdly, when vehicles transporting dangerous goods stop on the way, they are required to stay away from crowded places and facilities such as passenger trains and passenger platforms where boarding and alighting operations occur during the stop, and take safety precautions.

Fourthly, when vehicles carrying dangerous goods such as highly toxic substances, explosives, radioactive materials, and gases stop on the way, they shall be guarded by railway transportation enterprises.

Fifth, railway transportation enterprises should develop and improve accident emergency plans, equip emergency rescue personnel and necessary emergency rescue equipment and devices, and regularly organize rescue drills. Once an accident occurs, measures should be taken in a timely manner to prevent the situation from escalating.

  14.What dangerous goods information should railway transportation enterprises report?

Railway transportation enterprises shall keep abreast of the transportation status of dangerous goods in their own units in real time, and report the statistics of dangerous goods transportation volume, handling stations, facilities and equipment, safety and other information to the local railway supervision and management bureau as required. The main content is as follows:

One is traffic volume statistics. Dangerous goods name and number, loading quantity (weight), destination station, operation location, shipping method, vehicle (box) number, consignor, consignee, escort and other information.

The second is to handle the site. Such as the name of the station handling dangerous goods, the location of the operation (freight yard, dedicated railway, railway dedicated line name), the name and number of the goods handled, and the shipping method.

The third is facilities and equipment. Facilities and equipment such as stations, storage, loading and unloading, transportation vehicles, safety, emergency rescue, etc.

The fourth is security information. Relevant information on the time, location, type, loss, cause, measures taken, investigation and handling of dangerous goods transportation accidents that occurred.

  15.What measures can railway regulatory authorities take during supervision and inspection?

According to regulations such as the Safety Production Law, Railway Safety Management Regulations, and Regulations on the Safety Management of Hazardous Chemicals, measures that can be taken include:

One is to enter the railway dangerous goods transportation operation site for inspection, access relevant information, and inquire about the situation from relevant units and personnel.

The second is to correct or require the correction of illegal activities related to the transportation safety of dangerous goods within a specified period of time; For acts that should be subject to administrative penalties according to law, administrative penalty decisions shall be made in accordance with the provisions of laws and administrative regulations.

The third is to order the immediate elimination of hidden dangers in dangerous goods transportation accidents; If safety cannot be guaranteed before or during the elimination of major hidden dangers, the operators in the dangerous area shall be ordered to evacuate, and the relevant facilities and equipment shall be temporarily suspended or stopped from use.

The fourth is to order the immediate cessation of the use of facilities, equipment, devices, materials, transportation vehicles, etc. that do not comply with regulations.

The fifth is to lawfully seal or seize facilities, equipment, and materials that are deemed to be non compliant with national or industry standards for ensuring safety production, and make a decision on handling them;

Sixth, other measures stipulated by laws and administrative regulations.

  16. Which institutions and personnel can conduct safety supervision and inspection of dangerous goods transportation?

Administrative law enforcement personnel of railway regulatory departments, entrusted safety technical institutions, or hired experts and professionals may conduct safety supervision and inspection of dangerous goods transportation in accordance with the law.

  17.How is the illegal transportation of dangerous goods punished?

Those who transport dangerous goods in violation of laws and administrative regulations shall be punished in accordance with the Implementation Measures for Administrative Penalties for Violations of the Railway Safety Management Regulations and relevant laws and administrative regulations; If punishment should be imposed by other departments according to law, relevant departments should be notified to handle it in accordance with the law.

Those who violate laws and administrative regulations by transporting dangerous goods and cause railway traffic accidents or other accidents shall be held accountable for their administrative responsibilities in accordance with the law, including the relevant units, their main responsible persons, and staff; Those suspected of committing crimes shall be transferred to judicial authorities for handling in accordance with the law.