• 法律图书馆

  • 新法规速递

  • MARITIME TRAFFIC SAFETY LAW OF THE PEOPLE'S REPUBLIC OF CHINA

    1. 【颁布时间】1983-9-2
    2. 【标题】MARITIME TRAFFIC SAFETY LAW OF THE PEOPLE'S REPUBLIC OF CHINA
    3. 【发文号】
    4. 【失效时间】
    5. 【颁布单位】The Standing Committee of the National People's Congress
    6. 【法规来源】

    7. 【法规全文】

     

    MARITIME TRAFFIC SAFETY LAW OF THE PEOPLE'S REPUBLIC OF CHINA ——附加英文版

    MARITIME TRAFFIC SAFETY LAW OF THE PEOPLE'S REPUBLIC OF CHINA

    The Standing Committee of the National People's Congress


    MARITIME TRAFFIC SAFETY LAW OF THE PEOPLE'S REPUBLIC OF CHINA


    MARITIME TRAFFIC SAFETY LAW OF THE PEOPLE'S REPUBLIC OF CHINA

    (Adopted at the Second Meeting of the Standing Committee of the
    Sixth National People's Congress, promulgated by Order No. 7 of the
    President of the People's Republic of China on September 2, 1983, and
    effective as of January, 1, 1984)

    Contents
    Chapter I General Provisions
    Chapter II Inspection and Registration of Vessels
    Chapter III Personnel on Vessels and Installations
    Chapter IV Navigation, Berthing and Operations
    Chapter V Safety Protection
    Chapter VI Transport of Dangerous Goods
    Chapter VII Rescue from Disasters at Sea
    Chapter VIII Salvage and Removal of Sunken and Drifting Objects
    Chapter IX Investigation and Handling of Traffic Accidents
    Chapter X Legal Liability
    Chapter XI Special Provisions
    Chapter XII Supplementary Provisions

    Chapter I General Provisions
    Article 1
    This law is formulated in order to strengthen the control of maritime
    traffic; ensure the safety of vessels, installations, human life and
    property; and safeguard the rights and interests of the state.
    Article 2
    This Law shall apply to all vessels, installations and personnel and to
    the owners and managers of such vessels and installations that navigate,
    berth or operate in the coastal waters of the People's Republic of China.
    Article 3
    The harbour superintendence agencies of the People's Republic of China
    shall be the competent authorities responsible for the unified supervision
    and administration of traffic safety in the coastal waters.

    Chapter II Inspection and Registration of Vessels
    Article 4
    Vessels and their major equipment relating to navigation safety must have
    valid technical certificates issued by vessel inspection departments.
    Article 5
    A vessel must have a certificates showing its nationality, a vessel
    registry certificate or a vessel licence.

    Chapter III Personnel on Vessels and Installations
    Article 6
    Vessels shall be manned with qualified crew members according to a
    standard quota to ensure the vessels' safety.
    Article 7
    The captain, chief engineer, pilot, engineers, radio and telephone
    operators and similar personnel on board seaplanes or submersibles must
    hold valid job certificates. All other crew members must undergo
    specialized technical training required for their work.
    Article 8
    In accordance with state provisions, all installations shall be provided
    with personnel who have mastered the techniques of collision avoidance,
    signalling, communications, fire control, life-saving and other
    operations.
    Article 9
    All personnel on vessels and installations must observe relevant rules and
    regulations concerning maritime traffic safety, follow the operating rules
    and ensure the safety of the vessels and installations in navigation,
    berthing and operations.

    Chapter IV Navigation, Berthing and Operations
    Article 10
    While navigating, berthing or carrying out operations, vessels and
    installations must abide by the relevant laws, administrative statutes and
    rules and regulations of the People's Republic of China.
    Article 11
    Non-military vessels of foreign nationality may not enter the internal
    waters and harbours of the People's Republic of China without the approval
    of its competent authorities. However, under unexpected circumstances such
    as critical illness of personnel, engine breakdown or the vessels being in
    distress or seeking shelter from weather when they do not have the time to
    obtain approval, they may, while entering China's internal waters of
    harbour, make an emergency report to the competent authorities and shall
    obey its directions.
    Military vessels of foreign nationality may not enter the territorial
    waters of the People's Republic of China without the approval of the
    Government of the People's Republic of China.
    Article 12
    Vessels sailing on international routes that enter and leave the harbours
    of the People's Republic of China must accept inspection by the competent
    authorities. Vessels of Chinese nationality sailing on domestic routes
    that enter and leave such harbours must obtain port entry and departure
    visas.
    Article 13
    Vessels of foreign nationality entering and leaving a harbour of the
    People's Republic of China, navigating or shifting berths in the harbour
    area, or approaching or leaving mooring points or loading spots outside
    the harbour must be navigated by a pilot designated by the competent
    authorities.
    Article 14
    When entering or leaving harbours or passing through controlled traffic
    areas, crowded navigable areas or areas where navigational conditions are
    restricted, vessels must observe the special regulations promulgated by
    the Government of the People's Republic of China or by the competent
    authorities.
    Article 15
    Vessels shall be prohibited from entering or passing through restricted
    navigation zones unless specially permitted by the competent authorities.
    Article 16
    Towing operations on the open sea involving large-sized installations and
    mobile platforms must undergo towing inspection conducted by vessel
    inspection departments and be reported to the competent authorities for
    examination and approval.
    Article 17
    If the competent authorities finds the actual condition of a vessel to be
    not in conformity with what is stated in the vessel's certificates, it
    shall have the right to require the vessel to apply for a new inspection
    or notify its owner or manager to adopt effective safety measures.
    Article 18
    If the competent authorities believes that a vessel presents a menace to
    the safety of a harbour, it shall have the right to forbid the vessel from
    entering the harbour or to order it to leave the harbour.
    Article 19
    The competent authorities shall have the right to forbid a vessel or an
    installation from leaving the harbour or order it to suspend its voyage,
    change its route or cease its operations under any one of the following
    circumstances:
    (1) if it violates any law, administrative statute or other rule or
    regulation of the People's Republic of China;
    (2) if it is in a condition unsuitable for navigation or towing;
    (3) if it was involved in a traffic accident and has not completed the
    necessary formalities;
    (4) if it has not paid the fees that are due or furnished appropriate
    security to the competent authorities or the department concerned: or
    (5) if the competent authorities considers that there are other
    circumstances that will jeopardize or might jeopardize maritime traffic
    safety.

    Chapter V Safety Protection
    Article 20
    Construction operations to be carried out on the surface or underwater in
    coastal waters and the demarcation of corresponding safe operation zones
    must be reported to the competent authorities for examination and approval
    and must be publicly announced. Vessels not involved in the construction
    project may not enter the safe operation zones. The construction unit may
    not enlarge such zones without authorization. When shore lines are to be
    used in harbour areas or when construction work, including overhead
    operations, is to be carried out on the sea surface or underwater in such
    areas, the plan and a drawing thereof must be submitted to the competent
    authorities for examination and approval.
    Article 21
    The designation of restricted navigation zones in coastal waters must be
    approved by the State Council or the competent authorities. However, the
    designation of restricted navigation zones for military purposes shall be
    approved by the competent department of the state in charge of military
    affairs.
    The restricted navigation zones shall be announced by the competent
    authorities.
    Article 22
    Without the approval of the competent authorities, no installations may be
    established or constructed, nor may any activities that hinder
    navigational safety be carried out in harbour areas, anchorages,
    navigation lanes, or crowded navigable areas, as well as in navigation
    routes announced by the competent authorities.
    With respect to any installations which have been established or
    constructed in the above-mentioned areas without authorization, the
    competent authorities shall have the right to order their owners to remove
    or dismantle the installations within a given period of time.
    Article 23
    It shall be forbidden to damage navigation aids or navigational
    facilities. Whoever has damaged navigation aids or navigational facilities
    shall immediately report the damage to the competent authorities and be
    liable for compensation.
    Article 24
    Vessels and installations shall promptly make a report to the competent
    authorities if they discover any of the following situations:
    (1) If navigation aids or navigational facilities malfunction or become
    abnormal;
    (2) if an obstacle or drifting object jeopardizing the safety of
    navigation is discovered; or
    (3) if there are other abnormal situations jeopardizing the safety of
    navigation.
    Article 25
    No obstacle affecting the efficacy of navigation aids may be erected or
    installed in areas surrounding the aids. Any lights in the vicinity of the
    navigation aids or navigational lanes that jeopardize navigation safety
    shall be properly screened.
    Article 26
    When removing or dismantling installations, salvaging or removing sunken
    ships or objects, and handling the finishing operations of underwater
    projects, no hidden dangers shall be left to menace navigational or
    operational safety. Before the aforesaid operations have been properly
    completed, their owners or managers must be responsible for erecting
    markers as required and making an accurate report to the competent
    authority on the type, shape, size and location of the obstacle and the
    depth of water over it.
    Article 27
    Safety administration must be strengthened with respect to harbour
    wharves, mooring points and loading spots outside of harbour areas as well
    as ship locks, so that they are always kept in good condition.
    Article 28
    To meet the requirements of maritime traffic safety, the competent
    authority shall fix and adjust traffic control areas and harbour
    anchorages. The designation of anchorages outside of harbour areas shall
    be announced by the competent authority after the report relative thereto
    has been submitted to and approved by higher authorities.
    Article 29
    The competent authorities shall, in accordance with relevant provisions of
    the state, be responsible for issuing navigational warnings and
    navigational notices.
    Article 30
    In order to ensure the safety of navigation, berthing and operations, the
    departments concerned shall maintain unimpeded communications facilities,
    ensure distinct and effective navigation aids and navigational facilities
    and, in a timely manner, provide offshore meteorological forecasts and
    necessary books and reference materials concerning maritime navigation.
    Article 31
    When vessels and installations are involved in accidents that jeopardize
    or may jeopardize traffic safety, the competent authorities shall have the
    right to take necessary, compulsory measures to deal with the matter.

    Chapter VI Transport of Dangerous Goods
    Article 32
    When vessels or installations store, load, unload or transport dangerous
    goods, they must maintain safe and reliable equipment and conditions and
    observe the state provisions governing the control and transport of
    dangerous goods.
    Article 33
    When vessels load and transport dangerous goods, they must go through the
    procedures for declaration to the competent authorities and they may not
    enter or leave the harbour or load or unload until approval has been
    obtained.

    Chapter VII Rescue from Disasters at Sea
    Article 34
    When vessels, installations or aircraft are in distress, they shall, in
    addition to issuing distress signals calling for help, use the quickest
    method possible to report to the competent authorities the time and place
    of the accident, the extent of damage, the assistance required and the
    cause of the accident.
    Article 35
    Vessels, installations or aircraft in distress and their owners or mangers
    shall take all effective measures to organize their own rescue efforts.
    Article 36
    When vessels or installations in the vicinity of the scene of an accident
    receive a distress signal or discover that people's lives are endangered,
    they shall do their best to rescue the people in distress insofar as their
    own safety is not seriously endangered, and promptly report to the
    competent authorities the situation at the scene, their own names, call
    numbers and positions.
    Article 37
    Vessels or installations involved in a collision shall exchange their
    names, nationalities and ports of registry and do their best to rescue
    personnel in distress. The vessels involved may not leave the scene of
    the accident without authorization, insofar as their own safety is not
    seriously endangered.
    Article 38
    Upon receiving a request for rescue, the competent authorities shall
    immediately organize a rescue operation. All units concerned and vessels
    or installations in the vicinity of the scene must act under the orders of
    the competent authorities.
    Article 39
    When a foreign country intends to dispatch vessels or aircraft into the
    territorial waters or the airspace over the territorial waters of the
    People's Republic of China to search for and rescue vessels or people in
    distress, it must obtain the approval of the competent [Chinese]
    authorities.

    Chapter VIII Salvage and Removal of Sunken and Drifting Objects
    Article 40
    With respect to sunken or drifting objects that may affect the safety of
    navigation and the management of navigation lanes, as well as those
    constituting a threat of explosion, the owners or managers thereof shall
    salvage and remove such objects within a deadline set by the competent
    authorities. Otherwise, the competent authorities shall have the right to
    take measures to compel the salvage and removal of the objects, and their
    owners or managers shall bear all the expenses incurred thereby.
    The provisions of this Article shall not prejudice the rights of the
    owners or managers of the sunken or drifting objects to demand
    compensation from third parties.
    Article 41
    No sunken vessels or sunken objects in the coastal waters may be salvaged
    or dismantled without the approval of the competent authorities.

    Chapter IX Investigation and Handling of Traffic Accidents
    Article 42
    Any vessel or installation involved in a traffic accident shall submit a
    written accident report and relative materials to the competent
    authorities and accept its investigation and handling of the accident.
    While being investigated by the competent authorities the parties involved
    in the accident and relevant personnel must give a truthful account of
    circumstances at the scene of the accident and other relevant information.
    Article 43
    In the event of a traffic accident that involves a vessel or installation,
    the competent authorities shall ascertain the cause of the accident and
    fix the responsibility for it.

    Chapter X Legal Liability
    Article 44
    The competent authorities shall, in the light of the circumstances, impose
    one or more of the following penalties on anyone who violates this Law:
    (1) warnings;
    (2) withholding or revoking work certificates; or
    (3) fines.
    Article 45
    If a party does not accept the penalty of a fine or revocation of his work
    certificate imposed by the competent authorities, he may bring suit in a
    people's court within 15 days after receiving notification of the penalty.
    If he neither brings suit nor complies with the penalty upon the
    expiration of that period, the competent authorities shall request
    compulsory enforcement from the people's court.
    Article 46
    A civil dispute arising from a maritime traffic accident may be settled
    through mediation by the competent authorities. If the parties are
    unwilling to have the case mediated or if the mediation is unsuccessful,
    the parties may bring suit in the people's court. Parties to a case
    involving foreign interests may also submit the case to an arbitration
    agency for mediation, in accordance with the written agreement concluded
    between them.
    Article 47
    Those whose violation of this Law constitutes a crime shall be
    investigated for their criminal responsibility by judicial organs in
    accordance with the Law.

    Chapter XI Special Provisions
    Article 48
    Within the waters of fishing harbours, the state fisheries administration
    and fishing harbour superintendence agencies shall exercise the functions
    and powers of the competent authorities as provided in this Law, being
    responsible for the supervision and administration of traffic safety and
    for the investigation and handling of traffic accidents between fishing
    vessels in coastal waters. Concrete measures for implementation shall be
    separately prescribed by the State Council.
    Article 49
    The internal administration of offshore military jurisdictional areas and
    military vessels and installations, the administration of surface and
    underwater operations carried out for military purposes, and the
    inspection and registration of public security vessels, the provision of
    their personnel and the issuing of their port entry and departure visas
    shall be separately prescribed by the relevant competent departments of
    the state in accordance with this Law.

    Chapter XII Supplementary Provisions
    Article 50
    For the purpose of this Law, the definitions of the following terms are:
    "Coastal waters" means the harbours, inland waters, territorial waters and
    all other sea areas under the jurisdiction of the state along the seacoast
    of the People's Republic of China.
    "Vessels" means all types of displacement or non-displacement ships,
    rafts, seaplanes, submersibles and mobile platforms.
    "Installations" means all types of surface and underwater structures or
    installations, whether fixed or floating, and fixed platforms.
    "Operations" means investigations, exploration, exploitation, survey
    construction, dredging, demolition, rescue, salvage, towing, fishing,
    aquatic breeding, loading and unloading, scientific experimentation and
    other surface and underwater operations.
    Article 51
    The competent department of the State Council shall, on the basis of this
    Law, formulate rules for its implementation, which shall go into effect
    after being submitted to and approved by the State Council.
    Article 52
    In cases of conflict between laws and regulations pertaining to maritime
    traffic safety hitherto promulgated and this Law, this Law shall prevail.
    Article 53
    This Law shall go into effect on January 1, 1984.




    Important Notice:
    This English document is coming from "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.

    ====================================
    免责声明:
    本站(law-lib.com)法规文件均转载自:
    政府网、政报、媒体等公开出版物
    对本文的真实性、准确性和合法性,
    请核对正式出版物、原件和来源
    客服:0571-88086486更多联系
    ====================================

    中央颁布单位

    Copyright © 1999-2019 杭州法图网络科技有限公司

    浙ICP备10202533号-1

    浙公网安备 33010502000828号