The Decree of Handan Municipal People’s Government
The Provisions of Handan Municipality on the Non-spot (Off-site) Penalty Enforcement about Over-limit of Freight Vehicles, which was adopted on the 24th executive meeting of Handan Municipal People’s Government on September 25, 2018, is hereby promulgated and shall come into force on December 1, 2018.
Wang Litong, Mayor
October 8, 2018
Provisions of Handan Municipality on the Non-spot (Off-site) Penalty Enforcement on Over-limit of Freight Vehicles
Article 1. With a view to governing illegal actions of the freight vehicles’ over-limit, to protecting the life safety and property safety of citizens, and to ensuring the safety and smoothness of the highway, the Provisions are formulated in accordance with the relevant laws and regulations, for instance, the Law of the PRC on Administrative Penalty, the Law of the PRC on Highways, the Regulations Governing Management of Highways, in the light of current circumstances of this Municipality.
Article 2. The Provisions shall apply to Non-spot Enforcement of the freight vehicles’ over-limit within the administrative district of Handan Municipality (hereinafter referred to as “Non-spot Enforcement”), together with its supervision and administration.
The Non-spot Enforcement shall refer to a management model of making administrative penalty decision to the owner of freight vehicles according to the law, during which the technical monitoring equipment to collect information related to illegal over-limit freight vehicles are used and corresponding records of illegal facts are saved.
Technical Monitoring shall refer to the use of automatic weighing and image recording equipment set in important sections of highways to automatically detect, shoot and record the electronic data including total weight, number of axles, license plates number and direction of freight vehicles in motion, as well as the time and place of violation.
Article 3. The Municipality and county transportation departments shall be in charge of managing the Non-spot Enforcement within their own administrative district. The highway management authority under The Municipality and county transportation departments shall be specifically responsible for the Non-spot Enforcement in accordance with these provisions.
Article 4. The freight vehicles of any of the following circumstances shall be regarded as over-limit:
(i) The total height of vehicle together with goods exceeds 4 meters from the ground;
(ii) The total width of vehicle together with goods exceeds 2.55 meters;
(iii) The total length of vehicle together with goods exceeds 18.1 meters;
(iv) Two-axle freight vehicle with a total mass of the vehicle and goods over 18,000kg;
(v) Three-axle freight vehicle with a total mass of the vehicle and goods over 25,000kg; the three-axle freight vehicle serial with a total mass of the vehicles and goods over 27,000kg;
(vi) Four-axle freight vehicle with a total mass of the vehicle and goods over 31,000kg; the four-axle freight vehicle serial with a total mass of the vehicles and goods over 36,000kg;
(vii) The five-axle freight vehicle serial with a total mass of the vehicles and goods over 43,000kg;
(viii) The six-axle freight vehicle serial and above with a total mass of the vehicles and goods over 49,000kg. If the driving truck is a single-axle vehicle, a total mass of the vehicles and goods becomes over 46,000kg.
Apart from the standards mentioned above, the identification of the over-limit shall comply with the following requirements
(i) Two-axle group will be counted as two axles; Three-axle group will be counted as three axles；
(ii) Except the driving axles, for the axle of two-axle group, three-axle group, semitrailer and full trailer, the tires on each side will be calculated as double tire. Where there is only one tire on each side for each axle, there shall be a reduction of 3000kg in limit, unless otherwise the wider tires complying to the relevant national requirement is installed；
(iii) The maximum allowable total mass of the vehicle shall not exceed the sum of the maximum allowable axle load of each axle；
(iv) The limit for tractors, farm vehicles and low-speed trucks shall be subject to the total mass as approved by the driving license；
(v) Refrigerated vehicles, vehicle serials, vehicles with air suspension, and specialized operation vehicles, which meet the requirement of Limits of dimensions, axle load and masses for motor vehicles, trailers and combination vehicles (GB1589), shall not be deemed as over-limit transport vehicles;
(vi) In case it is provisioned otherwise by the state, the related provisions by state shall apply.
Article 5. The Municipal transportation department shall be responsible for establishing a highway over-limit transportation management information system and implementing information management for the Municipality's highway over-limit transportation.
The Highway Over-Limit Transportation Management Information System shall be interconnected with the relevant information systems of the public security organization's traffic management departments, Highway Transportation Management Agencies and other relevant administrative departments, realizing the information sharing between departments.
Article 6. The highway management organization shall, on the basis of the need to protect the highway, set up technical monitoring equipment on the significant sections and nodes of ordinary highways and expressways, including the main highways of goods transportation, the entrance of important bridges, so as to investigate and penalize illegal practices of over-limit transportation according to the laws in force.
The technical monitoring equipment used for Non-spot Enforcement shall be made public 15 days before it is officially put into use.
Article 7. The highway management authority shall audit the information recorded by the technical monitoring equipment. The audited information shall be accurate and clear, recording the relevant information of freight vehicles, including total weight, axle number, license plate number, direction, time and place of violation of the law. The checked and confirmed information regarding the illegal practices shall be saved into the Highway Over-limit Transportation Management Information System and shall inform the owner of the freight vehicle by express written notice, text message or telephone call.
The highway management authorities may, where need arises, open the records of technical monitoring equipment in an appropriate manner to the public, for the convenience of the public inquiring over-limit transportation records.
Article 8. The electronic data collected by the highway management authorities using technical monitoring equipment may be used as evidence of administrative penalty.
Article 9. In case any of the following circumstances occurs about the information recorded by the technical monitoring equipment, the parties involved shall provide relevant and credible evidence and the information may be eliminated after verification.
(i) An illegal act has occurred due to forgery of plate number, alteration of plate number or using other’s freight vehicle plate number, resulting in the record of a legitimate freight vehicle;
(ii) It occurred during the theft of the vehicle;
(iii) There is a wrong record of vehicle’s violation information;
(iv) This over-limit transportation act has been processed with an over-limit transportation permit and is transported according to the license requirements;
(vi) Others that may be eliminated.
Article 10. The highway management authority shall use the technical monitoring equipment qualified by the relevant national departments to carry out over-limit detection.
Article 11. The freight vehicles’ behaviors of evading checking detected by the technical monitoring equipment, including intentionally blocking the traffic lanes of the Non-spot Enforcement over-limit detection station and bypassing detection section by “S” shape, shall be identified and treated as an act of disturbing the over-limit detection order.
Article 12. No unit or individual shall intentionally damage, arbitrarily move or dismantle technical monitoring equipment.
Article 13. For the non-spot enforcement freight vehicle registration information recorded belongs to Handan Municipality, it is managed by the highway management authority of where the violation occurred or where the vehicle registered.
For the Non-spot Enforcement freight vehicle registration information recorded that does not belong to Handan Municipality, it shall be managed by the highway management authority of where the violation occurred.
Where necessary, the Municipal Highway Management authority may designate a competent management authority to manage.
Article 14. In the fixed over-limit detection station or highway over-limit transportation enforcement action, where the freight vehicle’s illegal information recorded by the technical monitoring equipment is found, the highway management authority shall handle them together according to law.
Article 15. When handling the annual review (inspection), change of registration or transfer procedures of freight vehicles and finding the information recorded in the technical monitoring equipment of the freight vehicles is not handled as required, the public security organization's traffic management departments and highway transportation management agencies shall urge the owner to handle it promptly as soon as possible.
Article 16. If the owner of a freight vehicle has more than three (3) times of information recorded by the technical monitoring equipment but without being addressed, he shall be included in the list of discredited people in accordance with relevant regulations, which shall be included in the government credit information system.
Article 17. For vehicles with total mass exceeding the limit as regulated in Paragraph 1 of Article 4 from (iv) to (viii) identified by the Non-spot Enforcement, the highway management authority shall impose a fine of 500 Chinese Renminbi Yuan (hereinafter referred to as “CNY”) per 1000 kg, the maximum of which shall be less than 30,000 CNY.
Article 18. If the party involved has taken the initiative to go to the highway management authority for acceptance of punishment within 15 days from the date of knowing or should have reasonably know the illegal information recorded by technical monitoring of illegal information, he may be given a lighter punishment. Lighter punishment shall refer to that the amount of fines may be reduced by less than 20%. The article shall not apply to grave circumstances.
Article 19. In violation of Article 11 of these Provisions, where the order of over-limit detection is disturbed, the highway management authority shall forcefully tow or detain the vehicle and impose a fine of not more than 30,000 CNY in accordance with the Regulations on Protecting Highway Safety.
Article 20. In the case of violating Article 12 of these Provisions, which is to intentionally destroy, arbitrarily move or dismantle technical monitoring equipment, the highway management authority shall order him to revert the equipment to the original state and impose a fine of not more than 30,000 CNY.
Article 21. Where the highway management authority and its staff members fail to perform or fail to fully perform the duties defined in the Provisions, including abuse of power, dereliction of duty, playing favoritism, bribery and committing irregularities, they shall be imposed administrative sanctions according to the law. Where the circumstances are serious or grave enough to constitute a crime, he shall be prosecuted for criminal responsibility according to the law.
Article 22. When the highway management authority carries out over-limit testing of vehicles, no testing fees shall be charged. For the over-limit vehicles that are legally detained or parked for investigation and handling, no parking fees shall be charged or imposed.
Article 23. The Provisions of this law shall enter into full force on 1st December, 2018.