Authoritative interpretation of management methods of highway overrun detection stations

Interpretation of "Administrative Measures for Highway Overload Detection Stations" by the Ministry of Transport

According to "People's Republic of China (PRC) Highway Law", "Notice of General Office of the State Council on Strengthening the Management of Vehicle Overload" and "Notice on Printing and Distributing the Implementation Opinions on the Long-term Management of Vehicle Overload in China", since 2005, in order to further consolidate and expand the achievements of overload control and continuously and steadily promote the national overload control work, the Ministry of Transport has organized all localities to carry out the construction of highway overload control detection stations in a planned way. With the gradual completion and improvement of the monitoring network for pavement overload control and the gradual deepening of standardization and information management of inspection stations, it is urgent to introduce corresponding management systems to adjust and standardize them. In addition, due to the limitations of unloading sites, loading and unloading equipment and other factors, it is difficult to implement measures to correct illegal and over-limit behaviors. In some places, there are some irregularities in law enforcement, such as fines for violating the law, simple law enforcement, and replacing correction with fines, which not only damages the credibility of law enforcement and the image of the government, but also seriously infringes on the legitimate rights and interests of the people. It is necessary to further standardize law enforcement and prevent the phenomenon of "three chaos" on highways from rebounding. 2011On March 7th, the State Council promulgated the Regulations on Highway Safety Protection, which provided sufficient legal basis for the establishment and management of highway overrun detection stations and put forward higher management requirements. In order to effectively strengthen the management of checkpoints and standardize law enforcement, the Ministry of Transport listed the Measures as a first-level legislative item in 20 1 1. Article 39 of the Regulations on Highway Safety Protection stipulates: "With the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the relevant transportation authorities may set up fixed out-of-gauge checkpoints with necessary equipment and personnel. Fixed overrun detection sites should standardize law enforcement and publish supervision telephone numbers. Highway management agencies should strengthen the management of fixed over-limit detection sites. "

The Notice of the General Office of the State Council on Strengthening the Management of Vehicle Overloading (No.30 [2005] of the State Council) stipulates: "(3) Strengthen the construction of monitoring network. Combined with the construction of highway infrastructure, we will make unified planning and rational layout, build a number of standardized and standardized overload detection stations that have passed the metrological verification, gradually form a national monitoring network for overloaded vehicles, and implement long-term and effective monitoring and testing for overloaded vehicles. "

The Notice of nine ministries and commissions of the State on Printing and Distributing the Implementation Opinions on Long-term Control of Vehicle Overload in China (Jiao Gong Fa [2007] No.596) stipulates: "(2) Establish and improve the monitoring network for road overload control. Strengthen the standardization of overload detection sites, build a number of overload detection sites and overload information management systems with unified identification, complete facilities, standardized management and information sharing nationwide, and improve the national overload monitoring network. " This method is divided into six chapters, represented by ***4 1. Including general rules, planning and construction, operation management, law enforcement management, legal responsibility, supplementary rules and four annexes. Generally speaking, the "Measures" mainly focus on the standardized management of over-limit detection stations in accordance with the requirements of the Regulations on Highway Safety Protection, and solve the problems of how to plan, build and operate over-limit detection stations, and how to carry out the work of law enforcement personnel stationed at stations. It is a summary of many years of practical experience. The main contents are as follows:

First, the legal status and work responsibilities of the highway overrun detection station are clarified.

The "Measures" stipulate that the highway overrun detection station refers to the law enforcement places and facilities set up on the highway to ensure the integrity, safety and smoothness of the highway, carry out overrun detection on vehicles, identify, investigate and correct illegal acts. The "Measures" position the highway overrun detection station as the dispatched office of the highway management organization, and undertake seven specific responsibilities: first, publicize, implement and enforce the laws, regulations, rules and policies of the state on vehicle overrun control; The second is to formulate various management systems for highway overrun detection stations; The third is to carry out over-limit detection of vehicles driving on expressways according to law, identify, investigate and correct illegal acts; The fourth is to urge the parties to take corrective measures to eliminate illegal situations such as unloading and repackaging of over-limit transport vehicles; The fifth is to collect, sort out and report data and dynamic information about detection and law enforcement; The sixth is to manage and maintain the facilities, equipment and information system of the highway overrun detection station; Seventh, other duties stipulated by laws and regulations.

The second is to determine the layout planning requirements of highway overrun detection stations.

The "Measures" stipulate that highway overrun detection stations are divided into primary detection stations and secondary detection stations according to their layout and functions. I-level checkpoints are mainly used to monitor important sections and nodes of the national highway network, such as provincial boundary entrances of national or provincial highways, intersections of multiple national or provincial highways, and main channels for inter-provincial cargo transportation. Secondary checkpoints are mainly used to monitor important sections and nodes of the regional highway network, such as ports, docks, factories and mines and other cargo distribution centers, the main access sections of freight stations and the main channels of cargo transportation in the province.

The setting of highway overrun detection stations shall be in accordance with the principles of unified planning, rational layout, total control and timely adjustment, and the transportation departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall put forward a plan and submit it to the provincial people's government for approval; Among them, the setting of the first-class detection station should also conform to the planning of the Ministry of Transport on the over-limit detection station. The location of the overrun detection station should give priority to the key nodes of the highway network, try to choose places with broad vision, convenient water and electricity use and convenient life, and make overall consideration of the factors such as the operation monitoring of the highway network and the emergency material reserve of highway emergencies, make full use of the existing facilities, equipment, manpower, information and other resources along the highway, enhance the comprehensive functions of the station and reduce the operating cost. The transportation departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize relevant departments to conduct post-evaluation on the overall layout of highway over-limit detection stations within their respective jurisdictions on a regular basis, and make timely and reasonable adjustments to the over-limit detection stations according to factors such as traffic flow and vehicle over-limit changes.

Third, strengthen the informatization construction of highway overrun detection stations.

The "Measures" require that highway over-limit detection stations should strengthen information construction, and their information systems should meet the data exchange standards issued by the Ministry of Transport, and meet the needs of remote inquiry of license and illegal record information, informatization of law enforcement in stations, and three-level networking management of departments, provinces and stations; Vehicle overrun management information system is managed and maintained by highway overrun detection station. At the same time, the highway management agencies of all provinces, autonomous regions and municipalities directly under the Central Government are required to regularly sort out and summarize the illegal information of out-of-gauge transportation, and send a copy to the relevant departments, which will deal with road transport enterprises, freight vehicles and their drivers according to law, and strive to build a credit management system for out-of-gauge transportation through the informatization construction of overload control.

The fourth is to clarify the working mode of the highway overrun detection station.

The "Measures" stipulate that the highway overrun detection station should take fixed detection as the main working mode. For areas where the road network density near the detection station is relatively high, the detection is intentionally bypassed or the short-distance over-limit transportation is serious, the highway over-limit detection station may, in accordance with the relevant provisions of the transportation departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, adopt mobile detection methods such as mobile detection equipment to carry out supervision and inspection. The illegal over-limit transport vehicles identified by traffic detection shall be guided to the nearest highway over-limit detection station for processing. At the same time, it is required to prohibit traffic detection on the main line of expressway.

Five, the establishment of road administration, traffic police and other personnel stationed in the station law enforcement management model.

Taking into account the diversity of local management models and the requirements of the state to establish a long-term mechanism for overload control, Article 6 of the Measures stipulates that the transportation departments of local people's governments at or above the county level may, under the unified leadership of the people's governments at the corresponding levels, jointly organize law enforcement personnel such as road administration and traffic police with relevant departments to jointly enforce the law on overloaded vehicles at highway overload detection stations according to their respective responsibilities. In terms of organization and management, the highway management organization is the management department of the highway overrun detection station, which is responsible for the specific supervision and management of the construction and operation of the detection station. In terms of law enforcement norms, according to the requirements of administration according to law, law enforcement officers stationed in the station should exercise law enforcement power in the name of the original stationed unit according to their respective responsibilities. Allowing departments with road law enforcement power to send personnel to the station to jointly enforce the law on vehicles that are out of gauge will effectively avoid repeated stops and inspections of vehicles and improve road traffic capacity.

Sixth, the civilized service requirements of highway overrun detection stations are put forward.

The "Measures" stipulate that highway overrun detection stations should set up convenient service facilities such as supervision suggestion boxes, boiling buckets, first-aid boxes and toilets in the station area to keep the environment inside and outside the station clean and tidy. At the same time, the law enforcement officers of the highway overrun detection station are required to wear signs and hold certificates in accordance with the relevant provisions of the state, adhere to administration according to law, civilized law enforcement and code of conduct, and be well dressed, disciplined, dignified and enthusiastic in service.

Seven, establish a safety system to punish and prevent the "three chaos" of the expressway.

(a) the "measures" stipulates that in the approved highway management budget, the overall arrangement of the funds for the construction and operation of highway overrun detection stations and the implementation of earmarking will help to fundamentally eliminate the incentives for "arbitrary fines" and "arbitrary charges". At the same time, it is stipulated that the fines imposed by law enforcement officers of highway over-limit detection stations shall be determined separately from the fines collected, and all the fines collected shall be turned over to the state treasury. It is forbidden for any unit or individual to issue or issue fines indicators in disguise to law enforcement officers of over-limit detection stations. In addition, it is also required to carry out over-limit inspection on vehicles, and no inspection fee shall be charged; No parking fee shall be charged for vehicles parked at the inspection station for investigation and handling; If it is necessary to assist in unloading, repackaging or keeping the unloaded goods, the relevant charging standards must be strictly implemented in accordance with the standards approved by the competent price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

(II) The Measures put forward systematic and comprehensive requirements for the layout planning and functional use of highway overrun detection stations, which is helpful to improve the monitoring network for highway overload control, provide necessary law enforcement means for the effective implementation of unloading and load sharing measures, and effectively put an end to the phenomenon of "only punishing without correcting" and "substituting punishment for unloading". In addition, the Measures also require highway management agencies to strengthen the organization, management, supervision and assessment of highway overrun detection stations, and implement the stationmaster responsibility system and the stationmaster regular rotation exchange system; And strengthen the information construction of checkpoints, implement joint prevention and control of illegal and over-limit transport vehicles, and minimize the subjectivity of front-line law enforcement personnel.

(3) The Measures put forward strict requirements for law enforcement discipline. First of all, the highway overrun detection station is required to standardize and publicize the workflow of detection, punishment and unloading, so as to promote the standardization of law enforcement behavior and the dynamic transparency of work. Second, it is required that the law enforcement officers of the highway overrun detection station strictly prohibit the following acts in their work: First, they do not wear signs or work without certificates as required; The second is to insult and beat the parties; Third, collecting fines on the spot, not issuing a receipt for fines or not filling in the amount of fines truthfully; Fourth, unauthorized use of detained vehicles and unauthorized disposal of unloaded goods; The fifth is to release the over-limit transport vehicles that have not eliminated the illegal state; The sixth is to accept invitations and gifts related to law enforcement; Seventh, shield, protect and condone illegal acts; Eight is to instruct or assist external personnel to take cars around and rush cards; Nine is to engage in business activities related to authority; Ten is corruption, misappropriation of funds and fines. Third, the highway management agencies of all provinces, autonomous regions and municipalities directly under the Central Government are required to set up public telephones to receive complaints and reports from the masses, and to establish a rapid handling mechanism for dealing with overload letters and visits. Checkpoints and law enforcement officers who violate the "Ten Prohibitions" of law enforcement discipline shall be notified and dealt with severely according to law. (a) to carry out standardized construction of highway overrun detection stations. On June 5438+February 65438+February 3, 2005, the Implementation Plan for Standardization Construction of National Overload Detection Stations was issued, and Beijing, Hebei and Shanxi provinces were organized to carry out the pilot work of standardization construction of detection stations. On the basis of summing up the pilot experience, on February 7, 2006, the Notice on Doing a Good Job in Standardizing the Construction of Overload Detection Stations, the Design Guide for Highway Overload Detection Stations (Pilot Project Edition), and the National Data Exchange Standard for Overload Control Information System (Trial Implementation) and other documents and technical regulations were issued to guide all localities to carry out construction work.

(two) to carry out information system networking. On September 27th, 2009, the Notice on Carrying out the Management of National Overrun Information System Networking was issued to guide all localities to speed up the informatization construction, and strive to complete the nationwide networking of the three-level overrun information systems at the departmental, provincial and station levels within two years, so as to realize the timely exchange and national * * * * sharing of overrun information, and implement the whole process monitoring and joint prevention and control of overrun transport vehicles.

(three) regulate the overload law enforcement behavior. On August 10, 2005, the Notice on Strengthening the Management of Overloaded Sites and Standardizing Law Enforcement Behavior was issued, which clarified the requirements of law enforcement discipline. On September 27, 2009, the Notice on Further Strengthening and Regulating the Illegal Governance of Vehicle Overloaded Transportation was issued, requiring all localities to strengthen and standardize law enforcement in seven aspects: improving working mechanism, improving monitoring network, strengthening road enforcement, unifying the standards for identifying overrun, implementing the benchmark system for illegal punishment, strictly enforcing the law and strengthening safety management.