海上交通安全法.docx

1、海上交通安全法海上交通安全法 Maritime Traffic Safety Law of the Peoples Republic of China (Adopted at the Second Meeting of the Standing Committee of the Sixth National Peoples Congress and promulgated by Order No. 7 of the President of the Peoples Republic of China on September 2, 1983) Contents Chapter I Genera

2、l Provisions Chapter II Inspection and Registration of Vessels Chapter III Personnel on Vessels and Installations Chapter IV Navigation, Berthing and Operations Chapter V Safety Protection Chapter VI Transport of Dangerous Goods Chapter VII Rescue from Disasters at Sea Chapter VIII Salvage and Remov

3、al of Sunken and Drifting Objects Chapter IX Investigation and Handling of Traffic Accidents Chapter X Legal Responsibility Chapter XI Special Provisions Chapter XII Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in order to strengthen the control of maritime

4、traffic; ensure the safety of vessels, installations, human life and property; and safeguard the rights and interests of the state. Article 2 This Law shall apply to all vessels, installations and personnel and to the owners and managers of such vessels and installations that navigate, berth or oper

5、ate in the coastal waters of the Peoples Republic of China. Article 3 The harbour superintendency agencies of the Peoples Republic of China shall be the competent authorities responsible for the unified supervision and administration of traffic safety in the coastal waters. Chapter II Inspection and

6、 Registration of Vessels Article 4 Vessels and their major equipment relating to navigation safety must have valid technical certificates issued by vessel inspection departments. Article 5 A vessel must have a certificate showing its nationality, a vessel registry certificate or a vessel license. Ch

7、apter III Personnel on Vessels and Installations Article 6 Vessels shall be manned with qualified crew members according to a standard quota to ensure the vessels safety. Article 7 The captain, chief engineer, pilot, engineers, radio and telephone operators and similar personnel on board seaplanes o

8、r submersibles must hold valid job certificates. All other crew members must undergo specialized technical training required for their work. Article 8 In accordance with state provisions, all installations shall be provided with personnel who have mastered the techniques of collision avoidance, sign

9、aling, communications, fire control, life-saving and other operations. Article 9 All personnel on vessels and installations must observe relevant rules and regulations concerning maritime traffic safety, follow the operating rules and ensure the safety of the vessels and installations in navigation,

10、 berthing and operations. Chapter IV Navigation, Berthing and Operations Article 10 While navigating, berthing or carrying out operations, vessels and installations must abide by the relevant laws, administrative statutes and rules and regulations of the Peoples Republic of China. Article 11 Non-mil

11、itary vessels of foreign nationality may not enter the internal waters and harbours of the Peoples Republic of China without the approval of its competent authorities. However, under unexpected circumstances such as critical illness of personnel, engine breakdown or the vessels being in distress or

12、seeking shelter from weather when they do not have the time to obtain approval, they may, while entering Chinas internal waters or harbours, make an emergency report to the competent authority and shall obey its directions. Military vessels of foreign nationality may not enter the territorial waters

13、 of the Peoples Republic of China without the approval of the Government of the Peoples Republic of China. Article 12 Vessels sailing on international routes that enter and leave the harbours of the Peoples Republic of China must accept inspection by the competent authorities. Vessels of Chinese nat

14、ionality sailing on domestic routes that enter and leave such harbours must obtain port entry and departure visas. Article 13 Vessels of foreign nationality entering and leaving a harbour of the Peoples Republic of China, navigating or shifting berths in the harbour area, or approaching or leaving m

15、ooring points or loading spots outside the harbour must be navigated by a pilot designated by the competent authority. Article 14 When entering or leaving harbours or passing through controlled traffic areas, crowded navigable areas or areas where navigational conditions are restricted, vessels must

16、 observe the special regulations promulgated by the Government of the Peoples Republic of China or by the competent authority. Article 15 Vessels shall be prohibited from entering or passing through restricted navigation zones unless specially permitted by the competent authority. Article 16 Towing

17、operations on the open sea involving large-sized installations and mobile platforms must undergo towing inspection conducted by vessel inspection departments and be reported to the competent authority for examination and approval. Article 17 If the competent authority finds the actual condition of a

18、 vessel to be not in conformity with what is stated in the vessels certificates, it shall have the right to require the vessel to apply for a new inspection or notify its owner or manager to adopt effective safety measures. Article 18 If the competent authority believes that a vessel presents a mena

19、ce to the safety of a harbour, it shall have the right to forbid the vessel from entering the harbour or to order it to leave the harbour. Article 19 The competent authority shall have the right to forbid a vessel or an installation from leaving the harbour or order it to suspend its voyage, change

20、its route or cease its operations under any one of the following circumstances: (1) if it violates any law, administrative statute or other rule or regulation of the Peoples Republic of China; (2) if it is in a condition unsuitable for navigation or towing; (3) if it is involved in a traffic acciden

21、t and has not completed the necessary formalities; (4) if it has not paid the fees that are due or furnished appropriate security to the competent authority or the department concerned; or (5) if the competent authority considers that there are other circumstanc es that will jeopardize or might jeop

22、ardize maritime traffic safety. Chapter V Safety Protection Article 20 Construction operations to be carried out on the surface or underwater in coastal waters and the demarcation of corresponding safe operation zones must be reported to the competent authority for examination and approval and must

23、be publicly announced. Vessels not involved in the construction project may not enter the safe operation zones. The construction unit may not enlarge such zones without authorization. When shore lines are to be used in harbour areas or when construction work, including overhead operations, is to be

24、carried out on the sea surface or underwater in such areas, the plan and a drawing thereof must be submitted to the competent authority for examination and approval. Article 21 The designation of restricted navigation zones in coastal waters must be approved by the State Council or the competent aut

25、hority. However, the designation of restricted navigation zones for military purposes shall be approved by the competent department of the state in charge of military affairs. The restricted navigation zones shall be announced by the competent authority. Article 22 Without the approval of the compet

26、ent authority, no installations may be established or constructed, nor may any activities that hinder navigational safety be carried out in harbour areas, anchorages, navigation lanes, or crowded navigable areas, as well as in navigation routes announced by the competent authority. With respect to a

27、ny installations which have been established or constructed in the above-mentioned areas without authorization, the competent authority shall have the right to order their owners to remove or dismantle the installations within a given period. Article 23 It shall be forbidden to damage navigation aid

28、s or navigational facilities. Whoever has damaged navigation aids or navigational facilities shall immediately report the damage to the competent authority and be liable for compensation. Article 24 Vessels and installations shall promptly make a report to the competent authority if they discover an

29、y of the following situations: (1) if navigation aids or navigational facilities malfunction or become abnormal; (2) if an obstacle or drifting object jeopardizing the safety of navigation is discovered; or (3) if there are other abnormal situations jeopardizing the safety of navigation. Article 25

30、No obstacle affecting the efficacy of navigation aids may be erected or installed in areas surrounding the aids. Any lights in the vicinity of the navigation aids or navigational lanes that jeopardize navigation safety shall be properly screened. Article 26 When removing or dismantling installations

31、, salvaging or removing sunken ships or objects, and handling the finishing operations of underwater projects, no hidden dangers shall be left to menace navigational or operational safety. Before the aforesaid operations have been properly completed, their owners or managers must be responsible for

32、erecting markers as required and making an accurate report to the competent authority on the type, shape, size and location of the obstacle and the depth of water over it. Article 27 Safety administration must be strengthened with respect to harbour wharves, mooring points and loading spots outside of harbour areas as well as ship locks, so that they are always kept in good condition. Article 28 To meet the requirements of maritime traffic safety, the competent authority shall fix and adjust traffic control areas and harbour anchorag