REGULATIONS OF THE PEOPLES' REPUBLIC OF CHINA CONCERNING THE AD-MINISTRATION OF TRAFFIC SAFETY ON INLAND WATERS

 Important Notice:

This English document is coming from the "LAWS AND REGULATIONS OF THE

PEOPLE''S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)

which is compiled by the Brueau of Legislative Affairs of the State

Council of the People''s Republic of China, and is published by the China

Legal System Publishing House.

In case of discrepancy, the original version in Chinese shall prevail.

(Promulgated by the State Council on December 16, 1986)
    
            Chapter I General Provisions

　

Article 1

These Regulations are formulated to improve the administration of traffic

safety on inland waters, ensure the safety of vessels, rafts,

installations, human lives and property and thus facilitate the

development of socialist construction.

Article 2

These Regulations shall apply to all vessels, rafts, installations and

personnel, and to the owners and operators of vessels, rafts and

installations (hereafter shortened to "owners" and "operators") that

navigate, berth, or operate on the inland navigable waters of the People''s

Republic of China.

The inland navigable waters mentioned in the previous paragraph shall also

cover the waters under Chinese jurisdiction in border rivers. However, if

agreements have been concluded between the Chinese government and the

governments of other countries, the agreements shall prevail.

Article 3

The harbour superintendencies set up by the communications departments at

various levels shall be the competent authorities responsible for

exercising the unified supervision and control of traffic safety on inland

waters.

       Chapter II Vessels, Rafts, Installations and Personnel

　

Article 4

Vessels must meet the following requirements before they are allowed to

navigate:

(1) holding technical certificates or documents verified as qualified by

the vessel inspection departments after the inspection whereon;

(2) holding vessel nationality certificates, or vessel registration

certificates or vessel licences;

(3) holding insurance policies or insurance certificates as is required of

vessels which must take out vessel insurance according to the relevant

stipulations of the State;

(4) being manned with, according to the relevant State stipulations, crew

members in charge of technical work, chief crewmen, ferrymen and other

crew members who are holding valid certificates of job qualification.

Article 5

The captains, chief engineers, pilots, engineers and radio and telephone

operators of power-driven vessels shall pass examinations and hold valid

certificates of job qualification.

The chief crewmen and ferrymen of non-motorized vessels shall pass

examinations and hold qualification documents.

All other crew members must go through safety instructions and specialized

technical training.

Article 6

Bamboo and wooden rafts shall be fitted out with necessary equipment for

safe navigation, lifesaving appliance and rafters qualified for safe

navigation. The fixed number of rafters to be provided shall be stipulated

by the competent department in charge of forestry. Chief rafters shall

have received special training by the department in charge of forestry and

hold qualification documents.

The administration of rafters for tourist rafts shall be stipulated by the

competent authorities in conjunction with relevant departments.

Article 7

Installations shall be fitted out with safety equipment and personnel

according to stipulations of the State.

Article 8

Vessels shall, in accordance with stipulations of the State, pay harbour

dues to the competent authorities.

               Chapter III Owners and Operators

　

Article 9

Owners and operators must abide by these Regulations and the stipulations

of the State concerning traffic safety.

Article 10

Owners and operators must be responsible for the safety of the vessels,

rafts and installations they own or operate and shall perform the

following obligations:

(1) administration of vessels, rafts and installations shall be

strengthened in terms of safety and technology to keep them in good shape

for navigation or good technical conditions;

(2) the relevant State stipulations must be accorded with in employing

crew members, rafters or other personnel. It is forbidden to employ

captains, chief engineers, pilots, engineers, radio operators, telephone

operators, chief crewmen, ferrymen and rafters who do not hold valid

certificates of job qualification or qualification documents;

(3) technical training and safety instructions shall be strengthened for

crew members, rafters and other personnel; the employees may not be forced

to operate against regulations;

(4) vessels shall be properly dispatched according to the technical

functions of vessels, the qualifications of crew members, the conditions

of the assigned navigation areas and also the hydrological and

meteorological conditions;

(5) they shall be subject to the supervision, examination and

administration of the competent organs.

        Chapter IV Navigation, Berthing and Operations

　

Article 11

In navigation, berthing and operations, vessels, rafts and installations

must abide by the relevant laws, regulations and other rules and

regulations concerning harbour navigation of the People''s Republic of

China.

Article 12

Vessels of foreign nationality entering and leaving the inland harbours of

the People''s Republic of China that are open to foreign vessels must

obtain the approval of the competent authorities and apply to be navigated

by a Chinese pilot in advance. While they are entering and leaving the

harbours or navigating in inland rivers, foreign vessels must be subject

to the examination and supervision of the competent authorities.

Article 13

Vessels of Chinese nationality entering and leaving inland harbours shall

get port entry and departure visas or accept inspection.

Article 14

When entering or leaving the harbours or passing through traffic control

areas, crowded navigable areas and regions with limited navigational

capacities, vessels must observe the special provisions promulgated by the

Ministry of Communications of the People''s Republic of China or the

competent authorities.

Article 15

Except as specially permitted by the competent authorities, vessels and

rafts are prohibited from entering or cutting across restricted navigation

zones.

Article 16

Vessels shall not engage in transportation with overload. Vessels not

equipped for carrying passengers are prohibited from taking on passengers

without permission.

Article 17

Vessels engaged in towing navigation shall observe the relevant

stipulations.

Article 18

Vessels shall navigate in the approved navigation areas at a speed which

is fast enough to ensure their own safety but not so fast as to endanger

the safety of other vessels, rafts and installations. Vessels shall

navigate at the prescribed speed in the areas where speed is restricted

and during periods of high water levels in flood seasons.

Article 19

The berthing of vessels and rafts shall not obstruct other vessels and

rafts from navigating normally or endanger the safety of installations and

dykes. Except for unmanned tug boats, there must be adequate number of

crew members on duty on board the vessels lying at anchor to ensure the

vessels'' safety.

　
Article 20

Manned or towed bamboo and wooden rafts in navigable rivers shall observe

the relevant stipulations formulated by the competent authorities in

conjunction with the competent department in charge of forestry.

Article 21

The competent authorities shall have the right to forbid a vessel, raft or

installation from leaving the harbour, or order it to stop navigation,

cease operations or sail to the designated spot, under any one of the

following circumstances:

(1) it has violated relevant laws, regulations or other rules and

regulations of the People''s Republic of China;

(2) it is in a condition not suitable for navigation or towing;

(3) it is involved in a traffic accident and the formalities have not been

completed;

(4) it has not paid the fees that are due, nor has it submitted a suitable

guarantee therefor, to the competent authorities or relevant department;

or

(5) it will in any way jeopardize traffic safety.

Article 22

When vessels, rafts and installations are involved in accidents that

jeopardize or may jeopardize traffic safety, the competent authorities has

the right to handle the matter by adopting compulsory measures.

        Chapter V Control of Dangerous Goods

　

Article 23

When vessels, rafts and installations store, load, unload and transport

dangerous goods, they must abide by the provisions of the State concerning

the control of dangerous goods and their transport.

Article 24

When vessels load and unload dangerous goods at harbours or carry them

into or out of harbours, they shall report to the local competent

authorities for approval in advance according to the relevant provisions

of the State.

            Chapter VI Administration of Ferries

　

Article 25

The setting-up or removal of urban ferries shall be approved by the organs

designated by local people''s governments. The setting-up or removal of

other ferries shall be approved by the people''s governments at the county

level or above. It is forbidden to set up or remove ferries or ferry

passengers before the approval is obtained.

Article 26

Departments of ferry administration shall strengthen safety control of

ferries. The competent authorities shall strengthen supervision and

direction for this purpose.

               Chapter VII Guarantee for Safety

　

Article 27

Administrative departments for navigation channels and navigational aids

shall strengthen administration and maintenance of navigational channels

and navigational aids, keep channels unblocked and navigational aids

distinct and effective.

Article 28

No objects adversely affecting the efficacy of navigational aids may be

erected around them. Strong lights that hinder navigational safety or any

lights that may mix up with navigational aids on both sides of

navigational lanes, shall be properly screened.

Article 29

Without the approval of the competent authorities or administrative

departments for navigation lanes, no units or individuals may remove

navigational aids. If navigational aids have been removed or damaged, it

must be immediately reported to the competent authorities or

administrative departments for navigational lanes.

Article 30

Applications annexed by illustrations shall be made to the harbour

superintendencies for approval before the coastlines of the harbour areas

may be used. Without the examination and approval of the competent

authorities, no installations may be constructed on the coastlines of the

harbour areas.

Article 31

Approval shall be sought from the competent authorities and navigational

warnings or notices be issued before restricted navigation-zones may be

set up and surface or underwater construction, sports competitions and

other activities affecting traffic safety may be carried out.

Before a restricted military navigation zone is designated, agreement

shall be reached through consultation with the competent authorities,

which shall then issue navigational warnings or notices.

Article 32

The designation and adjustment of traffic control zones, anchorages and

berthing areas must be submitted, with the consent of the local people''s

governments, by the competent authorities, to organs at higher levels for

approval.

Article 33

It is forbidden to set up fixed fishing nets and fishing nets cutting

across rivers or to grow water plants in habitual navigational lanes. The

competent authorities shall order the owners of these unauthorized fishing

nets and water plants to eliminate them or have them eliminated by

coercion.

　

Article 34

It is forbidden to dump gravel and trash into navigational lanes.

Article 35

If vessels, installations or objects which obstruct safe navigation sink

in navigable waters, the owners or operators must set up marks according

to the relevant provisions and report to the competent authorities.

Article 36

Sunken and drifting objects that may affect the safety of navigation and

constitute potential threats shall be gotten away with by the owners or

operators before a deadline set by the competent authorities. If these

objects are not duly cleared away, the competent authorities shall have

the right to take coercive measures to that end, and all the costs thereof

shall be borne by the owners or operators of the sunken or drifting

objects. The provisions of the previous paragraph of this Article shall

not affect the rights of owners and operators of sunken or drifting

objects to demand compensation from third parties.

Article 37

Without the approval of the competent authorities, sunken ships and

objects in the navigable waters may not be salvaged or dismantled.

Article 38

After installations are moved or scrapped, sunken ships and objects

salvaged or cleared away, and the rounding-off work of the surface or

underwater construction handled, no objects may be left to hinder the

safety of navigation, berthing and operations.

Article 39

Vessels, rafts, installations and personnel shall promptly report to the

competent authorities if they discover any of the following situations:

(1) if navigational lanes change;

(2) if there are objects hindering safe navigation;

(3) if navigational aids are damaged or abnormal, moved or lost;

(4) if there is any other situation hindering safe navigation.

Article 40

The competent authorities shall be responsible for uniformly issuing and

administering inland water navigational warnings and navigational notices.

             Chapter VIII Assistance and Rescue

　

Article 41

Vessels, rafts and installations that are in distress shall adopt all

effective measures to organize self-help and promptly report to the

nearest competent authorities as well as their owners or operators the

time and scene of the accident, the extent of damage, the assistance

required and the cause of the accident.

Article 42

Vessels, rafts, installations or personnel in the vicinity of the scene of

an accident that have received distress signals, shall do their best to

rescue the personnel and report promptly to the nearest competent

authorities the situation at the scene.

Article 43

The vessels, rafts and installations involved in a collision shall, under

circumstances where there is no danger to their own safety, do their best

to offer assistance and may not leave the scene of the accident without

authorization.

Article 44

Upon receipt of a report calling for rescue, the competent authorities

must immediately organize a rescue operation. Departments concerned and

vessels, rafts, installations and personnel in the vicinity of the scene

of the accident shall follow the unified directions of the competent

authorities.

        Chapter IX Investigation and Handling of Traffic Accidents

　

Article 45

Vessels, rafts and installations involved in traffic accidents shall

present accident reports and related materials to the competent

authorities and subject themselves to investigations and handling of the

matter.

Traffic accidents involving bamboo and wooden rafts shall be investigated

and handled by the competent authorities in conjunction with the

departments in charge of forestry.

Article 46

The competent authorities shall, upon receipt of accident reports,

organize investigations. The parties involved in the accidents and persons

concerned must, during investigation by the competent authorities, provide

truthful information relating to the accidents.

Article 47

If a traffic accident gives rise to a civil dispute, the parties involved

may apply to the competent authorities for conciliation. If the parties do

not apply for conciliation or conciliation is not successful, they may

bring a suit before the people''s court. Parties to a case involving

foreign interests may also, based on a written agreement, submit the case

to an arbitration institution concerning foreign related matters for

arbitration.
  
                 Chapter X Awards and Penalties

　

Article 48

Those units or individuals that have done remarkably in ensuring traffic

safety by preventing or reducing personnel casualties and by preventing or

reducing property losses shall be commended or awarded by the competent

authorities or by their units.

Article 49

With respect to the persons who have violated the provisions of these

Regulations or who are held liable for traffic accidents, the competent

authorities may impose one or a number of the following penalties:

(1) a warning;

(2) withholding or revoking the licences or certificates;

(3) a fine.

Article 50

If a party does not accept the penalty (penalties) imposed by the

competent authorities, he may within 15 days from the date of receiving

the notice of the penalty (penalties), bring a suit before the people''s

court; failure to bring a suit or comply with the penalty (penalties)

within this period shall lead to petition by the competent authorities to

the people''s court for compulsory enforcement.

Article 51

Those punishable according to the relevant provisions concerning public

security administration for violations of these Regulations shall be dealt

with by public security organs; as for those criminally liable, the

judicial organs shall in accordance with the law pursue their criminal

liabilities.

 

             Chapter XI Supplementary Provisions

　

Article 52

The following terms as used in these Regulations are defined as follows:

"Inland navigable waters" refers to the navigable waters in the rivers,

lakes, reservoirs and canals as well as harbours within the People''s

Republic of China. "Vessels" refers to all types of displacement or non-

displacement ships, boats and mobile platforms.

"Installations" refers to all types of structures, installations,

pipelines and electric cables, on the surface or underwater, fixed or

floating, and fixed platforms as well. "Operations" refers to loading and

unloading, exploration, exploitation, survey, construction, dredging,

demolition, salvage, rescue, fishing, aquatic breeding, diving, scientific

experimentation and other surface or underwater construction carried out

in navigable waters and their shorelines.

"Traffic accidents" refers to collision, running aground, running on

rocks, damage through contact, damage by waves, windstorm, fire and other

accidents happening to vessels, rafts and installations.

Article 53

Vessels of foreign nationality entering and leaving the inland rivers

shall observe, in addition to these Regulations, the relevant provisions

of the People''s Republic of China concerning administration of vessels of

foreign nationality.

Article 54

The internal administration of zones under military control and military

vessels as well as public security vessels shall be separately prescribed

by the relevant departments of the State according to these Regulations.

Article 55

The internal administration such as registration and inspection of fishing

vessels, examination and issuing of certificates for crew members of

fishing vessels and investigation and handling of traffic accidents among

fishing vessels shall be separately prescribed according to these

Regulations by the State fisheries administration and fishing ports

superintendency departments in conjunction with the competent authorities.

Article 56

The traffic safety control of the waters at urban scenic spots and gardens

and of the waters exclusively used by factories, mines and other

enterprises as approved by the people''s governments of the provinces,

autonomous regions and municipalities directly under the Central

Government shall be separately prescribed according to these Regulations

by the competent departments or the factories, mines and enterprises

concerned.

　

Article 57

These Regulations shall be interpreted by the Ministry of Communications,

which shall also formulate the rules for the implementation.

Article 58

These Regulations shall become effective as of January 1, 1987.