Transporting dangerous chemicals, that's what you need to know

2023/04/27 16:45

1. Can hazardous chemical transport vehicles transport general goods?


Tank type special vehicles or special vehicles for transporting dangerous toxic, infectious or corrosive goods may not be used for transporting general goods. Other dangerous goods transport vehicles can be used to transport general goods if they meet certain conditions, such as cleaning and elimination of dangerous goods or hazard elimination treatment and inspection standards. Dangerous goods are not allowed to be mixed with general goods.


2. Can ordinary vehicles transport dangerous chemicals?


The answer is no. In accordance with Article 56 of the Provisions on the Administration of the Transport of Dangerous Goods on Road, anyone who violates these Provisions and commits one of the following acts shall be ordered to stop the transport operation by the road transport administrative authority at or above the county level. If there is any illegal income, the illegal income shall be confiscated and a fine of not less than 2 times but not more than 10 times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 20,000 yuan, a fine of not less than 30,000 yuan but not more than 100,000 yuan shall be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law:


(1) engaging in the transport of dangerous goods on road without obtaining the road transport permit;


(2) Engaging in the transport of dangerous goods on road by using invalid, forged, altered or cancelled license for the transport of dangerous goods;


(3) engaging in the transport of dangerous goods by road beyond the permitted matters;


(4) Non-operational road transport units engaged in road transport of dangerous goods.


3. Does the shipper bear responsibility for misstating or concealing the type of goods?


The answer is yes. If the shipper fails to inform the driver of the cargo, he shall bear the corresponding legal liability.


In accordance with Article 29 of the Provisions on the Administration of the Transport of Dangerous Goods on Road, the shipper of dangerous goods shall, in strict accordance with the relevant provisions of the State, properly pack and place signs on the outer package, and explain to the carrier the name, quantity, hazard and emergency measures of the dangerous goods. Where it is necessary to add inhibitors or stabilizers, the shipper shall add them in accordance with regulations and inform the carrier of relevant precautions.


In consigning hazardous chemicals, the shipper of dangerous goods shall also submit safety technical instructions and safety labels that are identical to the hazardous chemicals consigned.


In accordance with Item 2 of Article 60 of the Provisions on the Administration of the Transport of Dangerous Goods by Road, the shipper fails to explain to the carrier the type, quantity and dangerous characteristics of the dangerous chemicals consigned and the emergency measures for handling dangerous situations, or fails to properly pack the dangerous chemicals consigned and place corresponding marks on the outer package in accordance with the relevant provisions of the State.


In case of violation of relevant regulations, the road transport administrative authority at or above the county level shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan. Those who refuse to make corrections shall be ordered to stop production and business for rectification; If the case constitutes a crime, criminal responsibility shall be investigated according to law.


If the circumstances are relatively severe, there is a realistic possibility of accidents leading to heavy casualties and other serious consequences, endangering public safety, then the driver, escort and logistics person in charge may also be detained by criminal coercive measures, their suspected illegal acts are placed on file and investigated, facing fixed-term imprisonment.


Of course, if a driver illegally loads dangerous chemicals, whether it is intentional or not, he or she will also be liable for the corresponding penalties.


4. Can hazardous chemical goods be mixed?


The answer is also no. Vehicles engaged in the transport of hazardous chemicals are not to say that as long as they have the corresponding qualifications to load hazardous chemicals, but also to comply with the relevant transport regulations, especially some hazardous chemicals may exist chemical reactions, can not be mixed, drivers, escorts, managers and shippers need to master enough knowledge of hazardous chemicals.


According to Article 114 (1) of the Criminal Law of the People's Republic of China [Crime of endangering public security by dangerous means] : Whoever endangers public security by any other dangerous means, if no serious consequences have been caused, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.


Article 133 Whoever drives a motor vehicle on roads under any of the following circumstances shall be sentenced to criminal detention and concurrently be fined:


(1) pursuing competitive driving in a vicious manner;


(2) driving a motor vehicle while intoxicated;


(3) engaging in school bus business or passenger transport, seriously exceeding the number of passengers carried by the rated passengers, or seriously exceeding the prescribed speed;


(4) Transporting hazardous chemicals in violation of the regulations on the safety control of hazardous chemicals, thereby endangering public safety.


If the owner or manager of a motor vehicle is directly responsible for the acts in Item 3 or 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.


Conditions for the transportation of hazardous chemicals:


1. Driver:


Valid driving license issued by the public security department;


The qualification certificate for the transportation of dangerous goods for commercial road transport drivers issued by the competent transportation department.


2. Vehicle:


The road transport license issued by the competent transportation department shall be affixed with the special seal for the transport of dangerous goods on road;


Valid driving license issued by the vehicle administration department of public security;


Valid tank quality inspection certificate issued by the quality and technical supervision department;


Road Permit for the transport of highly toxic chemicals (transport of highly toxic chemicals);


Hang up the traffic signs and signs issued by the traffic department as required.


3. Escort:


The road dangerous goods operation certificate (Escort Certificate) issued by the competent transportation department.


Technical requirements for hazardous chemical transport vehicles:


1. Disc brake and ABS system. The front axle of dangerous goods vehicle must be equipped with disc brake, and the whole vehicle must be equipped with ABS system;


2. Exhaust pipe. The engine exhaust pipe of the dangerous goods transport vehicle should be in front, and exhaust spark extinguisher should be installed at the tail end of the exhaust pipe to cool the motor vehicle exhaust gas;


3. Vehicle speed. The maximum speed of dangerous goods transport vehicles shall not exceed 80 km/h;


4. Emergency cutting device. The tank car is installed at the liquid and gas interface of liquefied petroleum gas or liquefied gas tank car. The function is to close the valve by itself when the medium leaks.


5. Warning signs. Dangerous goods transport vehicles must be painted with safety notices, explosive diamond-shaped signs, hazard lights and the word "Explosive" in orange;


6. Electrostatic rubber drag belt. Dangerous goods vehicles need to be installed on the bottom frame of the electrostatic rubber tow belt;


7, traffic recorder, cargo compartment ventilation design, ion smoke fire detector, electrostatic conductive rubber plate, antiexplosion container and other accessories installation, dangerous goods vehicles are much higher than ordinary trailer requirements.