Measures for dynamic supervision and management of road transport vehicles
(On January 28th, 2014, state administration of work safety, Ministry of Transport, issued the first amendment according to the Decision of state administration of work safety, Ministry of Transport, Ministry of Public Security on Amending the Measures for Dynamic Supervision and Management of Road Transport Vehicles on April 20th, 2016, and the second amendment according to the Decision of Emergency Management Department of Ministry of Transport on Amending the Measures for Dynamic Supervision and Management of Road Transport Vehicles on February 14th, 2022).
Chapter I General Principles
Article 1 In order to strengthen the dynamic supervision and management of road transport vehicles and prevent and reduce road traffic accidents, these Measures are formulated in accordance with the Law of People’s Republic of China (PRC) on Work Safety, the Regulations for the Implementation of the Law of the People’s Republic of China on Road Traffic Safety, the Regulations of the People’s Republic of China on Road Transport and other relevant laws and regulations.
Article 2 These Measures shall apply to the installation and use of satellite positioning devices (hereinafter referred to as satellite positioning devices) and related safety supervision and management activities of road transport vehicles.
Article 3 The term "road transport vehicles" as mentioned in these Measures includes passenger cars, dangerous goods transport vehicles, semi-trailer tractors and heavy trucks (ordinary freight vehicles with a total mass of 12 tons or more) used for road operation.
Article 4 The dynamic supervision and management of road transport vehicles shall follow the principles of enterprise monitoring, government supervision and networked joint control.
Article 5 Road transport management institutions, traffic management departments of public security organs and emergency management departments shall, according to their statutory duties, jointly supervise and manage the dynamic monitoring of road transport vehicles.
Chapter II System Construction
Article 6 The platform of satellite positioning system for road transport vehicles shall meet the following standards:
(1) Technical Requirements for Platform of Satellite Positioning System for Road Transport Vehicles (GB/T 35658);
(2) Terminal Communication Protocol and Data Format of Satellite Positioning System for Road Transport Vehicles (JT/T 808);
(3) Data Exchange of Satellite Positioning System Platform for Road Transport Vehicles (JT/T 809).
Article 7 Satellite positioning devices installed on road transport vehicles shall meet the following standards:
(1) Technical Requirements for Vehicle Terminal of Satellite Positioning System for Road Transport Vehicles (JT/T 794);
(2) Terminal Communication Protocol and Data Format of Satellite Positioning System for Road Transport Vehicles (JT/T 808);
(3) Technical Conditions for Motor Vehicle Operation Safety (GB 7258);
(4) Vehicle Driving Recorder (GB/T 19056).
Article 8 Road passenger transport enterprises, road dangerous goods transport enterprises and road goods transport enterprises with 50 or more heavy trucks or tractors shall build a dynamic monitoring platform for road transport vehicles according to standards, or use a qualified socialized satellite positioning system monitoring platform (hereinafter referred to as the monitoring platform) to monitor and manage the running process of their road transport vehicles and drivers in real time.
Ninth road transport enterprises to build or change the monitoring platform, before it is put into use, it should be filed with the road transport management institution that originally issued the Road Transport Business License.
Article 10 Whoever provides socialized service for dynamic monitoring of road transport vehicles shall file a record with the provincial road transport management institution and provide the following materials:
(1) Business license;
(2) Service format clauses and service commitments;
(3) Relevant certification materials on the ability to perform services.
Article 11 Tourist buses, chartered buses, Class III buses and dangerous goods transport vehicles shall be equipped with satellite positioning devices that meet the standards before leaving the factory. Heavy trucks and semi-trailer tractors shall be installed with standard satellite positioning devices before leaving the factory, and connected to the national public supervision and service platform for road freight vehicles (hereinafter referred to as the public platform for road freight vehicles).
After a vehicle manufacturing enterprise installs a satellite positioning device that meets the standards for road transport vehicles, it shall attach relevant installation certification materials with the vehicle.
Twelfth road transport operators should purchase and install vehicles that meet the standards of satellite positioning devices, and access the monitoring platform that meets the requirements.
Thirteenth road transport enterprises should complete and accurately enter the basic information of their road transport vehicles and drivers in the monitoring platform, and update them in time.
Article 14 The monitoring platforms of road passenger transport enterprises and road dangerous goods transport enterprises shall be connected to the national networked joint control system of key operating vehicles (hereinafter referred to as networked joint control system), and the dynamic information of vehicles and relevant information of enterprises, drivers and vehicles shall be uploaded to the national public exchange platform of dynamic information of road transport vehicles step by step as required.
The monitoring platform of road freight enterprises should be connected with the public platform of road freight vehicles, upload the relevant information of enterprises, drivers and vehicles to the public platform of road freight vehicles as required, and receive the dynamic information of freight vehicles forwarded by the public platform of road freight vehicles.
Fifteenth road transport management institutions shall, when handling the operation procedures, review the installation of satellite positioning devices and access system platforms for road transport vehicles.
Article 16. No unit or individual may dismantle the satellite positioning device installed on newly-built vehicles at will. The domain name setting of the on-board terminal monitoring center of freight vehicles shall not be changed, except that the dangerous goods transport vehicles are set up in accordance with the relevant standards when accessing the monitoring platform of the networked joint control system.
Seventeenth road transport management agencies responsible for the construction and maintenance of road transport vehicles dynamic information public service platform, the implementation of maintenance funds, to the local people’s government for inclusion in the annual budget. The road transport management institution shall establish a step-by-step assessment and notification system to ensure the long-term stable operation of the networked joint control system.
Eighteenth road transport management institutions, traffic management departments of public security organs and emergency management departments shall establish an information sharing mechanism.
The traffic management department and emergency management department of the public security organ may, according to needs, access the national dynamic monitoring data of road transport vehicles in the system at any time or regularly through the public service platform of road transport vehicle dynamic information.
Article 19 No unit or individual may disclose, delete or tamper with the historical and real-time dynamic data of the satellite positioning system platform without authorization.
Chapter III Vehicle Monitoring
Twentieth road transport enterprises are responsible for the dynamic monitoring of road transport vehicles.
Twenty-first road passenger transport enterprises, road dangerous goods transport enterprises and road goods transport enterprises with 50 or more heavy trucks or tractors shall be equipped with full-time monitoring personnel. In principle, the full-time monitoring personnel shall be equipped according to the standard of 1 person for every 100 vehicles connected to the monitoring platform, with a minimum of 2 people.
Monitoring personnel should master the relevant national laws and policies, and take up their posts after passing the training and examination of transportation enterprises.
Twenty-second road freight vehicles public platform is responsible for the dynamic monitoring of individual freight vehicles and small road freight transport enterprises (with less than 50 heavy trucks or tractors). The public platform of road freight vehicles sets limits for monitoring speeding and fatigue driving, and automatically reminds drivers to correct illegal behaviors such as speeding and fatigue driving.
Twenty-third road transport enterprises should establish and strictly implement the dynamic monitoring management system, standardize the dynamic monitoring work:
(a) the construction, maintenance and management system of the system platform;
(2) The system of installation, use and maintenance of vehicle-mounted terminals;
(3) The post responsibilities and management system of the monitoring personnel;
(four) the dynamic information processing and statistical analysis system of traffic violations;
(5) Other systems that need to be established.
Article 24 A road transport enterprise shall, in accordance with the relevant provisions of laws and regulations and the actual situation of vehicles driving on the road, set the limit for monitoring speeding and fatigue driving, and verify the operation route, area and night driving time, etc., so as to monitor and manage the vehicles and drivers in real time during the operation of their vehicles.
Setting the limits of speeding and fatigue driving shall conform to the requirements that the cumulative driving time of passenger drivers in 24 hours shall not exceed 8 hours in principle, continuous driving in the daytime shall not exceed 4 hours, continuous driving in the night shall not exceed 2 hours, and the stopping time shall not be less than 20 minutes each time, and the speed of passenger vehicles at night shall not exceed 80% of the daytime speed limit.
Twenty-fifth monitoring personnel should analyze and process the dynamic information of vehicle driving in real time, remind drivers to correct illegal acts such as speeding and fatigue driving in time, and record them in the dynamic monitoring ledger; Drivers who continue to drive illegally after being reminded shall report to the enterprise safety management agency in time, and the safety management agency shall take immediate measures to stop them; For those who refuse to implement the measures to stop driving illegally, the road transport enterprise shall promptly report to the traffic management department of the public security organ and dismiss the driver afterwards.
Dynamic monitoring data shall be kept for at least 6 months, and illegal driving information and handling conditions shall be kept for at least 3 years. The road transport enterprise shall promptly deal with the drivers who have traffic violation information afterwards.
Twenty-sixth road transport operators should ensure the normal use of satellite positioning devices and keep the vehicle running online in real time.
If the satellite positioning device fails to keep online, the road transport operator shall not arrange for it to engage in road transport business activities.
Twenty-seventh any unit or individual shall not destroy the satellite positioning device or maliciously interfere with or shield the signal of the satellite positioning device, and shall not tamper with the data of the satellite positioning device.
Twenty-eighth satellite positioning system platform should provide continuous and reliable technical services to ensure the authenticity and accuracy of vehicle dynamic monitoring data, and ensure the safe and stable operation of the system platform providing monitoring services.
Chapter IV Supervision and Inspection
Article 29 The road transport management institution shall give full play to the role of the monitoring platform, regularly supervise and assess the dynamic monitoring work of road transport enterprises, and incorporate it into the content of enterprise quality and reputation assessment as an important basis for the bidding and annual inspection of transport enterprises.
Thirtieth the traffic administrative department of the public security organ may take the traffic violation information recorded by the dynamic monitoring system of road transport vehicles as the basis for law enforcement and investigate and deal with it according to law.
Thirty-first emergency management departments shall, in accordance with the relevant provisions, seriously carry out accident investigation and severely punish the responsible units and personnel who violate the provisions of these measures.
Thirty-second road transport management institutions, traffic management departments of public security organs, emergency management departments of supervision and inspection personnel can know the situation from the inspected units and individuals, consult and copy the relevant materials. Units and individuals under supervision and inspection shall actively cooperate with the supervision and inspection, and truthfully provide relevant information and explanations.
In the event of a traffic accident on a road transport vehicle, the responsible unit of the road transport enterprise or the public platform for road freight vehicles shall immediately seal up the vehicle dynamic monitoring data after receiving the accident information, cooperate with the accident investigation, and truthfully provide the vehicle dynamic monitoring data; If the vehicle involved in the accident is equipped with an on-board video device, video materials shall also be provided.
Thirty-third encourage all localities to use satellite positioning devices to make statistical analysis of the safe driving mileage of operating drivers and carry out safe driving driver competitions.
Chapter V Legal Liability
Article 34 The road transport management institution shall not issue or verify the Road Transport Certificate for vehicles that fail to install satellite positioning devices as required, or that have installed satellite positioning devices but fail to display normally in the networked joint control system (heavy trucks and semi-trailer tractors fail to display on the public platform of road freight vehicles).
Thirty-fifth in violation of the provisions of these measures, road transport enterprises in any of the following circumstances, the road transport management institutions at or above the county level shall be ordered to make corrections. Refuses to correct, a fine of more than 3000 yuan in 1000 yuan:
(1) The road transport enterprise fails to use the standard monitoring platform, the monitoring platform is not connected to the networked joint control system, and the dynamic information of road transport vehicles is not uploaded as required; ?
(two) the dynamic information processing system for traffic violations has not been established or effectively implemented, and the handling rate of traffic violations for drivers is less than 90%; ?
(three) not equipped with full-time monitoring personnel in accordance with the provisions, or monitoring personnel did not effectively perform their monitoring duties.
Article 36 Where a road transport operator, in violation of the provisions of these Measures, engages in business activities by using a transport vehicle that cannot be kept online with a satellite positioning device, the road transport management institution at or above the county level shall educate him and order him to make corrections. If he refuses to make corrections or the similar violation occurs again after correction, he shall be fined from 200 yuan to 800 yuan.
Article 37 If, in violation of the provisions of these measures, a road transport enterprise or a unit providing socialized service for dynamic monitoring of road transport vehicles forges, falsifies or deletes the data of dynamic monitoring of vehicles, the road transport management institution at or above the county level shall order it to make corrections and impose a fine of more than 2,000 yuan on 500 yuan.
Thirty-eighth in violation of the provisions of these measures, the occurrence of road traffic accidents, with thirty-fifth, thirty-sixth, thirty-seventh cases, the responsibility of the relevant personnel shall be investigated according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 39 If the staff of the road transport management institution, the traffic management department of the public security organ and the emergency management department neglect their duties, abuse their powers or engage in malpractices for selfish ends in the implementation of these measures, they shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Fortieth heavy trucks and semi-trailer tractors that have entered the transportation market before the implementation of these Measures shall all install and use satellite positioning devices before December 31, 2015, and access the public platform of road freight vehicles.
Dynamic supervision and management of rural passenger vehicles can be implemented with reference to these measures.
Article 41 These Measures shall come into force as of July 1, 2014.