The safety production supervision and management departments of the people's governments at or above the county level shall implement comprehensive supervision and management of the water traffic safety work within their respective administrative areas.
The traffic administrative department of the people's government at or above the county level shall be in charge of the management of water traffic safety within their respective administrative areas.
The relevant administrative departments of water conservancy (fishery), agriculture, public security, construction, tourism and sports of the people's governments at or above the county level shall, in accordance with the provisions of these Regulations and their respective statutory duties, be responsible for the management of water traffic safety in their respective industries and management areas. The maritime administrative agency established by the traffic administrative department of the people's government at or above the county level shall be responsible for the supervision and administration of water traffic safety in navigable waters within their respective administrative areas. If there is another waterway management institution in the province, it shall be responsible for the corresponding safety supervision and management in accordance with the division of responsibilities.
Fishery agencies set up by the fishery administrative departments of the people's governments at or above the county level shall be responsible for the safety supervision and management of fishing boats and fishery waters within their respective administrative areas.
The township (town) people's government shall be responsible for the daily work of water traffic safety supervision and management within its administrative area in accordance with the provisions of these regulations. Water traffic safety management responsibilities of the people's governments at or above the county level:
(a) to establish a joint meeting system and linkage mechanism for water traffic safety of the government at the corresponding level, formulate water traffic safety management measures, organize, supervise and support relevant departments and units to perform their duties of water traffic safety supervision and management according to law, and coordinate and solve major problems in water traffic safety management;
(two) according to the water traffic safety laws, regulations, rules and the relevant provisions of the state and province, establish and improve the water traffic safety target management system, safety responsibility system and safety accountability system;
(III) Formulate and improve emergency rescue plans, establish and improve pre-control mechanisms for water traffic safety, emergency rescue and command, and provide necessary personnel and financial support for water traffic safety supervision and management, township ship management agencies and public welfare ferries in accordance with relevant national and provincial regulations;
(4) Organizing publicity and education activities on water traffic safety to raise citizens' awareness of water traffic safety;
(five) other responsibilities of water traffic safety management stipulated by laws, regulations and rules and the people's government at a higher level. The responsibilities of the township (town) people's government for the management of water traffic safety:
(a) responsible for organizing and coordinating the safety work of ship owners, operators, crew members and relevant units and individuals within their respective administrative areas, supervising and rectifying potential safety hazards, and organizing safety publicity and safety inspection activities;
(two) to establish and improve the responsibilities and management system of passenger ferry signing and shipping management personnel, and to be responsible for the safety evaluation and assessment of water traffic safety management personnel within their respective administrative areas;
(3) Establish and improve the responsibility system for the safety management of township (town) people's governments, villagers' committees, ship owners, ferries and ferry workers, and be responsible for the registration and management of ships for their own use within their respective administrative areas;
(four) other water traffic safety management work assigned by the people's government at the county level and relevant departments according to law.
Sub-district offices shall exercise the responsibilities of water traffic safety management in accordance with the first paragraph of this article. The traffic administrative departments at or above the county level and their shipping and maritime administrative agencies, waterway administrative agencies and fishery administrative agencies shall perform the following duties of water traffic safety management according to law:
(a) responsible for the publicity and implementation of national and provincial laws, regulations, rules and guidelines, policies, standards and norms related to water traffic safety management;
(two) responsible for the implementation of water traffic safety target management system, safety responsibility system and safety accountability system;
(three) to guide and urge the relevant units to establish, improve and implement the responsibility system for water traffic safety production and safety management;
(four) to organize and guide the investigation of water traffic safety hazards and supervise the rectification work;
(five) responsible for the supervision and management of water traffic safety in navigable waters within the scope of duties;
(six) responsible for the management and protection of waterways, ports and their facilities, to stop and deal with all kinds of occupation and destruction of waterways, ports and their facilities according to law;
(seven) other duties of water traffic safety supervision and management as stipulated by laws, regulations and rules. The management institutions or owners of closed waters such as reservoirs, scenic spots, nature reserves and urban gardens are responsible for the daily management and maintenance of water traffic safety in the waters under their jurisdiction.
Public security organs shall be responsible for the public security management of ferries, docks and ships according to law, and investigate and deal with illegal acts that disturb public security and water traffic order and destroy water traffic facilities according to law. The main person in charge of the water transport production and business operation unit shall be fully responsible for the safety production of the unit and perform the following duties:
(a) to establish and improve the safety management system and safety management responsibility system;
(two) to establish and improve the internal safety supervision institutions, equipped with safety management personnel;
(three) to formulate the management, maintenance, overhaul and maintenance system, operating rules and norms of ships and other safety facilities and equipment, and improve the safety production and labor protection measures;
(four) to supervise and inspect the safety work, eliminate the hidden dangers of production safety in time, and report the accidents of water traffic safety production according to the regulations;
(five) to organize the formulation and implementation of safety emergency rescue plans;
(six) to ensure the capital and technical input required for safe production and safety management. The owner or operator of a ship shall apply for ship registration and ship inspection in accordance with the Regulations of the People's Republic of China on Ship Registration and the Regulations of People's Republic of China (PRC) on Inspection of Ships and Offshore Facilities.
The registration and inspection of military, public security, sports and fishing vessels shall be carried out in accordance with the relevant provisions of the state.
The owner of a self-use ship shall apply to the local township (town) people's government and the sub-district office for a self-use ship registration certificate.
Owners of recreational and drifting boats (rafts) in non-navigable waters such as reservoirs, scenic spots, nature reserves and urban gardens shall apply to the water management agencies for registration. Crew members shall apply for registration in accordance with the provisions and obtain a crew service book.
As a seaman, he shall obtain the corresponding certificates of competency and other certificates of competency. No unit or individual may employ persons without certificates of competency or other certificates of competency as crew members on board.
The crew shall participate in the corresponding safety study and training in accordance with the provisions within the validity period of the competency certificate and certificate. If a crew member commits one of the following acts, the shipping and maritime administrative agency and fishery administrative agency shall be punished according to law, and may be ordered to participate in compulsory safety training:
(1) The ship has potential safety hazards that have not been corrected or eliminated within the prescribed time limit;
(2) Manipulating a ship in an unsafe way, causing great danger or accidents above average;
(3) repeatedly violating the navigation rules of the ship;
(four) illegal discharge of pollutants outside the ship;
(5) Fatigue driving, overtime driving and drunk driving;
(six) other acts endangering personal and property safety. When a ship is sailing, berthing or working, the installation of floating facilities shall conform to the safety conditions stipulated by the state and the province, and conform to the navigation safety regulations issued by the Regulations on Collision Avoidance in People's Republic of China (PRC) and the domestic river and navigation maritime management agencies and waterway management agencies. It is forbidden for ships without ship certificates, certificates and crew certificates to engage in water traffic activities.
Except for ferries deployed on ferries approved by the people's government at the county level, ships engaged in commercial transportation are prohibited from sailing in non-navigable waters.
It is forbidden to set up floating facilities without approval. Fishing vessels and self-use vessels shall be used in accordance with the prescribed purposes and scope, and the number of passengers and cargo weight shall not exceed the approved number.
Ships for their own use shall sail within the approved navigation area.
Fishing boats and self-use boats are strictly prohibited from engaging in commercial transportation. When a ship is sailing, berthing and working, the following acts are strictly prohibited:
(1) Sailing under the conditions of overload, towing, width and height;
(2) Sailing in poor visibility;
(3) Night flight on non-night legs;
(four) when the navigation is suspended, the ferry is suspended, the water depth is insufficient or the hydrological situation of the waterway is unknown;
(5) Sailing when the ship is in poor technical condition or the necessary equipment is not equipped properly;
(6) Anchoring in waters where anchoring is prohibited;
(seven) overtaking or formation, leaving the operation in the controlled flight segment;
(eight) other circumstances that hinder the safe navigation of the ship. When carrying or towing overweight, super-long, super-high, super-wide, semi-submersible and other bulky goods and objects, a ship shall report to the maritime administrative agency 24 hours before loading or towing, verify the planned sailing route and time, and take necessary safety measures to ensure the safety of carrying or towing the ship.
Where a ship needs to be escorted, it shall submit a written application for escort to the shipping maritime administrative agency. Enterprises engaged in the ship transportation of dangerous goods such as bulk chemicals, liquefied gas and oil products shall have corresponding transportation business qualifications, obtain corresponding business licenses, establish and improve safety management systems in accordance with relevant state regulations, and obtain corresponding ship safety management certificates.
Managers and on-site operators engaged in the transport of dangerous goods by ship shall participate in training and examination in accordance with relevant state regulations and obtain corresponding qualification certificates. Ships shall not load, unload, transport or store highly toxic and dangerous goods and other dangerous goods prohibited by the state from being transported by ships.
Containers carrying dangerous goods and ships carrying containers and dangerous goods shall hold valid certificates issued by the maritime administrative agency or the statutory ship inspection agency.
Units engaged in ship container packaging shall be equipped with qualified on-site container inspectors. The shipper and the carrier declarer shall truthfully declare the type, name and quantity of the goods loaded, and shall not conceal or make false reports.
Before a ship carrying dangerous goods carries out cabin washing operations, it shall submit a written application to the shipping and maritime administrative agency, and the operation can only be carried out after approval. Water facilities engaged in catering and entertainment services shall, in accordance with the provisions of the state and province on the management of waterways and port coastlines, apply for the examination and approval procedures for the use of coastlines. In accordance with the provisions of the provincial transportation administrative department on the safety management of catering and entertainment vessels, it is equipped with corresponding fire fighting, lifesaving and anti-pollution equipment, auxiliary facilities to ensure the safety of vessels and facilitate the safe passage of personnel, and berths in accordance with the berthing areas and berthing methods stipulated by shipping and maritime administrative agencies.
Leisure drifting boats (rafts) shall not engage in business activities outside navigable waters or waters approved by the maritime administrative agency.