Ministry of Railways (1995) Document No. 118

Interim Measures for the Inspection and Management of Dangerous Goods for Railway Passengers (Tieyun [1995] No. 118)

Execution Date: 1995-10-01

Dangerous Goods for Railway Passengers Interim Measures for Inspection and Management

(Railway (1995) No. 118, September 11, 1995)

Article 1 is to ensure the safety of railway transportation and passengers’ lives and property, regulate and strengthen For railway passenger transport safety inspections, these measures are specially formulated in accordance with the provisions of the Railway Law of the People's Republic of China and the Regulations on Railway Transport Safety Protection.

Chapter 1 General Provisions

Article 2 Dangerous goods inspection (hereinafter referred to as danger inspection) is an important part of railway security and passenger transportation safety work, and is the responsibility of the railway public security and transportation departments. ***Same responsibilities. Both parties must perform their respective duties and cooperate closely to carry out risk assessment work.

Article 3: Dangerous goods as mentioned in these Measures refer to items that are likely to explode, burn, corrode, poison, or are radioactive, as well as items such as guns and controlled knives that may endanger public safety. The specific types and names of goods are subject to the "Dangerous Goods Transport Rules", "Dangerous Goods Name List", "Railway Passengers and Luggage Package Transport Regulations" issued by the Ministry of Railways, as well as documents issued by the Ministry and the relevant regulations on the management of firearms and controlled knives by the State Council and the Ministry of Public Security. .

Article 4 Passengers are obliged to undergo transportation security inspection when visiting the following places.

(1) Railway station building;

(2) Ticketing, baggage consignment and storage places as part of the station;

(3) Station The designated waiting area outside the station building;

(4) Joining the queue to check in and enter the station;

(5) The passage and platform inside the ticket gate;

(6) Passenger trains.

Article 5 Stations and trains should publicize the relevant laws and regulations on the management and punishment of dangerous goods to passengers through various means such as broadcasts, slogans, billboards, etc., and inform passengers of the names of the goods and the restricted quantities. Passenger Announcements.

Chapter 2 Organization and Management

Article 6: The passenger transport department is responsible for the organization, leadership, planning and deployment of dangerous goods inspection work. Relevant departments should make corresponding arrangements according to planning and deployment.

Article 7 Stations and passenger (train) sections should formulate work plans that are consistent with their departments based on the specific conditions of the region and the actual production, transportation, and sales of dangerous goods, and incorporate risk assessment into work procedures , insist on regularization and institutionalization.

Chapter 3 Personnel and Equipment

Article 8 Stations that carry an average of 3,000 passengers or more per day should be equipped with no less than one dangerous goods inspection instrument (hereinafter referred to as the instrument). The station submits purchase plan suggestions to the branch office every year, and the branch office reports to the Railway Bureau for summary and then submits them to the Transportation Bureau of the Ministry of Railways for review.

Luggage safety inspections should be gradually implemented with instruments. The equipment required for private rooms should be included in the plan.

Article 9: The Ministry of Railways and the Railway Bureau shall each bear 50% of the cost of instrument purchase, and shall be included in the insured price. The purchase plan should be included in the scope of renovation and renovation, and the price guarantee department should provide financial guarantee.

Article 10: The Transportation Bureau of the Ministry of Railways is responsible for the selection and purchase of instruments.

Article 11: Instruments are managed by the passenger transport department. Each bureau should determine an instrument maintenance base to undertake maintenance tasks within the department to ensure that the instruments are always in good working condition.

Article 12: Fixed assets of instrument train stations. Each level arranges the overhaul, intermediate repair and maintenance costs of instruments according to their management authority.

Article 13: Stations should have dangerous goods inspectors (hereinafter referred to as inspectors) who specialize in operating instruments. The capacity will be adjusted by the transportation department.

Article 14: Inspectors should be trained in relevant laws, regulations, rules and basic business skills such as instrument operation, simple maintenance and identification of dangerous goods, and can only take up their posts after passing the examination. The professional training of inspectors is the responsibility of the passenger transport department.

Chapter 4 Implementation of Inspections

Article 15 Inspections of dangerous goods shall be carried out by public security personnel and railway employees authorized by the Ministry of Railways.

Article 16: When conducting inspections, public security personnel must wear the "On Duty" badge; station employees must wear the "Railway Transport Safety Inspection Certificate" on their chests; passenger train crew members must wear the train crew badge.

Passengers have the right to refuse inspection if they do not wear the above signs for inspection.

Article 17: The methods of inspection include instrument inspection and manual unpacking inspection. When manual bag opening and inspection is implemented, passengers generally open their luggage or carry items with them for inspection. If necessary, the inspection personnel can also open the package for inspection.

When opening the bag for inspection, make sure that the passenger’s belongings are in good condition. Inspectors shall be liable for compensation if items are accidentally damaged due to work. Compensation is included in accident expenses.

Article 18 When conducting inspections, inspectors should patiently explain and explain, be polite and polite, and should not use crude or insulting language or behavior.

Article 19 When a passenger refuses to undergo inspection without justifiable reasons, the inspector at the station has the right to refuse him entry to the station to board the train or check in his bag. On the train, it is compulsory inspection by the train police.

If the refusal of inspection affects the passenger’s travel or checked baggage, the passenger and the shipper shall be responsible.

Article 20 If the goods are suspected to be dangerous, but the nature of the goods cannot be determined due to limitations of objective conditions, and the passenger cannot provide proof that the goods are safe and can be transported, the danger inspection personnel may refuse entry. Get on the bus at the station or check in the goods.

Chapter 5 Handling

Article 21 The seized dangerous goods and responsible persons shall be handled as follows:

(1) Dangerous goods shall be handled as follows: Confiscate the dangerous goods in accordance with the law and issue a "Decision to Confiscate Dangerous Goods (and Receipt)" to the person being confiscated. However, a small amount of dangerous goods detected before ticket checking and consignment can be taken out of the station by relatives, friends or passengers who send them to the station for processing.

(2) The detected dangerous goods that are contraband or the dangerous goods that are carried or consigned in large quantities shall be handed over to the Railway Public Security Police Station for processing. If the station does not have a police station, the station should promptly notify the railway public security agency to dispatch personnel to handle the matter.

Those who carry dangerous goods into the station and violate public security management and board passenger trains shall be dealt with in accordance with the provisions of the "Public Security Management Punishment Regulations of the People's Republic of China".

If the circumstances of carrying or consigning dangerous goods are serious and constitute a crime, criminal liability shall be investigated in accordance with the relevant provisions of the "Railway Law of the People's Republic of China" and the "Criminal Law of the People's Republic of China" .

(3) If a passenger voluntarily hands over all the dangerous goods he carries after entering the station and getting on the train, the carrier may be given a lighter punishment or be exempted from punishment.

(4) When dangerous goods are confiscated or public security penalties are enforced, the person checking for danger shall notify the parties concerned of their right to file a lawsuit. When the parties concerned apply for reconsideration or file a lawsuit, it will not affect the execution of the confiscation or penalty decision.

Article 22: Dangerous goods confiscated at stations shall be registered and kept separately by the public security and passenger transportation agencies.

Dangerous goods seized on the train shall be properly kept by the on-duty police. Other train crew members assisted. However, firecrackers, starting paper, crackers, crackers, etc. should be soaked immediately. When the train stops, the police officer will hand it over to the police station according to the public security station train handover procedures. If there is no public security police station at the station, the train conductor will compile the passenger transportation record and submit it to the station, and the receiving station will hand it over to the public security department for processing.

Article 23 The station shall regularly report the confiscated dangerous goods to the railway branch (head office) for approval before delivering them for auction. However, items that are not allowed to be traded without permission by law (such as firearms and ammunition) shall be handed over to the relevant departments. deal with.

All proceeds from the auction and confiscated dangerous goods will be turned over to the Finance Department of the Ministry of Railways step by step.

Article 24: No one may use, exchange or dispose of confiscated items without permission. Violators will be subject to administrative sanctions.

Article 25 If a party has objections to being punished in accordance with the "Railway Transport Safety Protection Regulations" and applies for administrative reconsideration, the ruling authority shall be the branch-level management department, and the reconsideration authority shall be the Railway Bureau (Group) company).

Reconsideration and litigation procedures shall be handled in accordance with the "Administrative Reconsideration Regulations" and the "Administrative Litigation Law".

If the party concerned refuses to accept the public security punishment, it shall be handled in accordance with the "Regulations of the People's Republic of China on Public Security Administration Punishments".

Chapter 6 Supplementary Provisions

Article 26 These Measures apply to national railways and temporary business lines of national railways. The inspection of dangerous goods for local railway passenger transportation shall be carried out in accordance with these measures.

Article 27 The Transportation Bureau of the Ministry of Railways is responsible for the interpretation of these regulations.

Article 28 These Measures shall come into effect on October 1, 1995. The "Measures for the Inspection and Handling of Dangerous Goods in Railway Passenger Transport (Trial)" issued by the Ministry of Railways on January 18, 1994 and its accompanying documents were abolished at the same time.

Issuing department: Ministry of Railways Issuing date: September 11, 1995 Implementation date: October 1, 1995 (Central regulations)