Interpretation of revision of ship safety supervision rules of the people's Republic of China
A few days ago, the Ministry of transport promulgated the decision on Amending the rules of the people's Republic of China on ship safety supervision (hereinafter referred to as the rules) with order No. 6 of 2020, which will come into effect on June 1, 2020. In order to facilitate the relevant units and personnel to better understand the contents of the rules and effectively implement them, the background and main revision contents of the rules are interpreted as follows:
1、 Background of revision
In recent years, the opinions of the CPC Central Committee and the State Council on promoting the reform and development in the field of production safety and the outline for the construction of a transportation power have put forward clear requirements for the work of transportation safety production. With the continuous development of China's economy and society, container transportation has become an important way of international shipping. Overloading and inaccurate weight of containers occur from time to time, threatening the safety of human life and property. In addition, the International Maritime Organization (IMO) has increased the relevant requirements for container weight verification through the form of international conventions and its amendments, and the Ministry of transport has also formed replicable and popularized container safety management experience in the early stage of performance. In order to implement the relevant requirements of transportation safety work, fulfill the international conventions that China has signed and acceded to, and improve the level of safety management, it is necessary to revise the rules.
2、 Main contents of the revision
The first is to define the requirements of container weight verification. According to the provisions of the International Convention for the safety of containers and the International Convention for the safety of life at sea, when a container carries goods, it shall not exceed its maximum total operating mass; according to the provisions of the International Convention for the safety of life at sea, the actual weight of the container must be verified before it is delivered to the ship for transportation. To this end, the Ministry of transport issued the notice of the Ministry of transport on the implementation of the 2015 amendment to Article VI / 2 of the International Convention for the safety of life at sea 1974 (JHF  No. 92), which put forward requirements for the weight verification of foreign trade cargo containers, and achieved positive results. The newly added Article 47 of the rules specifies the obligations of the shipper and the carrier in the weight verification of containers to be delivered to ships for international transportation. The shipper is required to verify the weight of the container before delivery to the ship for transportation. The carrier shall not ship the container without the verification information or the verified weight exceeds the maximum total operating mass. The practical experience will be more than three years To the level of ministry regulations.
The second is to define the method of weight verification and the allowable error range. According to the rules, the weight verification can be carried out by the integral weighing method and the cumulative calculation method, and the common practice of the shipping countries and regions such as the European Union and Japan is used for reference. It stipulates that the error between the verified weight and the actual weight of the shipper shall not exceed 5%, and the maximum error shall not exceed 1 ton.
Third, the legal responsibility of container exceeding the maximum total operating quality and large error is clarified. If the container exceeds the maximum operating total mass or the error between the verified weight and the actual weight is large, it will threaten the safety of ships, terminal facilities and related personnel. Therefore, the "rules" set corresponding legal liabilities for such illegal acts, and explained the maximum total operating quality.
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