Measures for handling agricultural machinery accidents (revised in 2022)

Chapter 1 General Provisions Article 1 In order to standardize the handling of agricultural machinery accidents, maintain the safe production order of agricultural machinery, and protect the legitimate rights and interests of parties involved in agricultural machinery accidents, in accordance with the "Agricultural Machinery Safety Supervision and Administration Regulations" and other laws, regulations and formulates these Measures. Article 2 Agricultural machinery accidents (hereinafter referred to as agricultural machinery accidents) as mentioned in these Measures refer to incidents in which agricultural machinery causes personal casualties and property losses during operation or transfer.

Agricultural machinery accidents are divided into particularly serious agricultural machinery accidents, major agricultural machinery accidents, larger agricultural machinery accidents and general agricultural machinery accidents:

(1) Especially serious agricultural machinery accidents refer to those that cause more than 30 people to be injured. Death, or an accident that seriously injures more than 100 people, or an accident that causes a direct economic loss of more than 100 million yuan;

(2) A major agricultural machinery accident refers to an accident that causes the death of more than 10 people and less than 30 people, or the death of more than 50 people Accidents that seriously injure less than 100 people, or accidents that cause direct economic losses of more than 50 million yuan and less than 100 million yuan; (3) Larger agricultural machinery accidents refer to accidents that cause the death of more than 3 but less than 10 people, or 10 Accidents that seriously injure more than 50 people, or accidents that cause direct economic losses of more than 10 million yuan but less than 50 million yuan;

(4) General agricultural machinery accidents refer to accidents that cause the death of less than 3 people, or the death of less than 10 people Serious injury, or accident causing direct economic loss of less than 10 million yuan. Article 3 The agricultural mechanization department of the local people's government at or above the county level is responsible for the identification, mediation and handling of agricultural machinery accident liability.

The agricultural machinery safety supervision and management agencies affiliated to the agricultural mechanization departments of local people's governments at or above the county level (hereinafter referred to as the agricultural machinery safety supervision agencies) are responsible for the specific work of handling agricultural machinery accidents in their jurisdictions.

If laws and administrative regulations have other provisions on the handling department of agricultural machinery accidents, those provisions shall prevail. Article 4 For particularly serious, major or relatively large agricultural machinery accidents, the Ministry of Agriculture and Rural Affairs, the agricultural mechanization administrative department of the provincial people's government and the agricultural mechanization administrative department of the prefecture (municipal) level people's government shall respectively send personnel to participate in the investigation and handling. Article 5 The handling of agricultural machinery accidents shall follow the principles of fairness, openness, convenience and efficiency. Article 6 Agricultural machinery safety supervision agencies shall, in accordance with the standardized construction requirements for agricultural machinery accident handling, be equipped with necessary personnel and accident investigation vehicles, on-site investigation equipment, warning signs, imaging equipment, on-site marking equipment and other equipment.

The agricultural mechanization departments of local people's governments at or above the county level shall include the construction and working expenses of agricultural machinery accident handling equipment into their own department's financial budget. Article 7 Agricultural machinery safety supervision agencies shall establish a 24-hour duty system, announce duty telephone numbers to the public, and maintain smooth communication. Article 8 Agricultural machinery safety supervision agencies shall do a good job in reporting agricultural machinery accidents within their respective jurisdictions, and promptly, accurately and completely submit the situation of agricultural machinery accidents to the agricultural mechanization administrative department at the same level and the higher-level agricultural machinery safety supervision agency.

The competent agricultural mechanization department shall regularly submit the statistics and explanatory materials on agricultural machinery accidents to the superior agricultural mechanization competent department, and send a copy to the work safety supervision and management department at the same level.

No unit or individual shall report late, omit to report, lie or conceal agricultural machinery accidents. Article 9 Agricultural machinery safety supervision agencies shall establish and improve the agricultural machinery accident file management system and designate dedicated personnel to be responsible for the management of agricultural machinery accident files. Chapter 2 Reporting and Acceptance Article 10 After an agricultural machinery accident occurs, agricultural machinery operators and other personnel on site shall immediately stop the operation or transfer of agricultural machinery, protect the site, and report the case to the county-level agricultural machinery safety supervision agency where the accident occurred; , measures should be taken immediately to rescue the injured; if a fatality is caused, the case should be reported to the public security organ at the place where the accident occurred. If the scene is changed due to rescuing injured persons, the location of the equipment and personnel at the time of the accident should be marked.

If an agricultural machinery accident occurs, no personal casualties are caused, and the parties have no dispute over the facts and causes, they may evacuate the scene after reaching an agreement on relevant matters. Article 11 If a party concerned escapes after an agricultural machinery accident occurs, witnesses and other insiders at the scene of the agricultural machinery accident shall report it to the county-level agricultural machinery safety supervision agency or public security agency where the accident occurred.

The agricultural machinery safety supervision agency that receives the report shall assist the public security agency in carrying out investigation work. Article 12 When the agricultural machinery safety supervision agency receives an accident report, it shall record the following contents:

(1) Reporting method, reporting time, name and contact information of the reporter, and if the report is made by telephone, the reporting telephone number shall also be recorded;

(2) Time and place of agricultural machinery accident;

(3) Casualties and property losses;

(4) Type and number of agricultural machinery license plate number, loaded items, etc.;

(5) Whether the suspect involved in the accident has escaped, etc. Article 13 Upon receiving a report from the accident site, the county-level agricultural machinery safety supervision agency shall immediately send personnel to investigate the site and decide whether to file a case within 24 hours from the time of the site investigation.

If the party concerned fails to report the case at the accident site and requests the agricultural machinery safety supervision agency to handle the incident after the accident, the agricultural machinery safety supervision agency shall record it in accordance with the provisions of Article 12 of these Measures and make a decision within 3 days on whether to file the case. Decide. Article 14: If it is verified that the facts of an agricultural machinery accident exist and are within the jurisdiction, the agricultural machinery safety supervision agency shall file a case and notify the parties involved. If the facts of the agricultural machinery accident cannot be proven after verification, or the facts are not within the jurisdiction, the case will not be filed and the parties will be notified in writing and the reasons will be explained.