Decree?of Tianjin Municipal People’s Government
The “Provisions of Tianjin Municipality on?the Administration of Railway Safety”,?which were?adopted at the 175th?executive meeting of the municipal people’s government on December?24, 2021, are?hereby promulgated and shall come into force as of March?1, 2022.
????????????????????????????????????????Mayor of Tianjin
????????????????????????????????????????December 31, 2021
The Provisions of Tianjin Municipality on?the Administration of Railway Safety
Article 1 In order to strengthen railway safety management, to ensure the safety and smoothness of railway transportation, and to protect the safety of people's lives and properties, these provisions are hereby formulated in accordance with the Railway Law of the People's Republic of China, Railway Safety Management Regulations and other laws and regulations, and in light of the actual situation of this municipality.
Article 2 These regulations shall apply to the railway safety management activities within the administrative area of this Municipality.
Article 3 The railway safety management adheres to the principles of putting safety first, prevention first, and comprehensive management, and implements the working principle of combining government overall planning, enterprise responsibility, industry supervision, and territorial security.
Article 4 The Municipal People's Government shall establish and improve a comprehensive coordination mechanism for railway safety management involving the relevant departments of the Municipal People's Government, railway supervision and management agencies, and railway transport enterprises, and coordinate and solve major problems in railway safety management as a whole.
The people's governments of the districts along the railway lines shall strengthen the education on safeguarding railway safety, implement the responsibility system for road protection and joint prevention, prevent and stop acts endangering railway safety, coordinate and handle matters related to safeguarding railway safety, and do a good job in safeguarding railway safety.
The township people's governments and sub-district offices along the railway lines shall do a good job in ensuring the safety of railways within their respective jurisdiction.
Article 5 The railway supervision and management agency established by the railway industry supervision and management department of the State Council is?responsible for the supervision and management of railway safety within the administrative area of this Municipality and investigate and punish illegal acts endangering railway safety in accordance with the law.
Article 6 The relevant departments of the people's government of the municipality and the districts along the railway line should, in accordance with their respective duties, do a good job in ensuring the safety of the railway in accordance with the law.
The transportation management department shall be responsible for coordinating and coordinating relevant departments to do a good job in ensuring railway safety, responsible for the safety protection and maintenance management of highway bridges crossing railway lines, strengthening the construction management of highway crossing, or crossing railways, and cooperating with railway transportation enterprises to solve existing security risks on the parallel road sections between roads and railways.
The public security authorities?are responsible for establishing and improving mechanisms for the exchange and sharing of railway public security management information, early warning and prevention, on-duty linkage, law enforcement cooperation, and emergency response, and maintain the public security order at railway stations, trains and other railway sites and along the railway lines.
The urban management department is responsible for the management of domestic waste and construction waste along the railway, supervises and inspects the operation and management of municipal public infrastructure such as heating, gas, and urban roads and bridges along the railway, guide township people's governments and sub-district offices to investigate and deal with illegal construction activities along the railway without obtaining the planning permission for construction projects, and do a good job in the environmental sanitation management along the railway.
The planning and resources department is responsible for guiding the investigation of potential safety hazards of trees on both sides of the railway line, prohibiting, and investigating illegal land occupation, mining, and illegal construction activities not carried out in accordance with the construction project planning permission along the railway line in accordance with the law, and responsible for organizing the prevention and control of geological disasters along the railway line.
The agricultural and rural departments are responsible for guiding and supervising the investigation and rectification of potential safety hazards in agricultural planting and breeding facilities such as agricultural film, plastic greenhouses, reflective film, and insect-proof and bird-proof nets along the railway.
The emergency management department is responsible for establishing an information notification system and a transportation safety production coordination mechanism with the railway supervision and management agency, and organizes the investigation and rectification of hidden dangers in the production and operation of hazardous chemicals along the railway according to law.
The ecological environment department is responsible for supervising and guiding the inspection, management, and maintenance of dust nets on both sides of the railway.
Development and reform, housing and urban-rural development, market supervision, water affairs, meteorology and other departments shall, in accordance with their respective responsibilities, do a good job of safety management along the railway line.
Article 7 Railway transportation enterprises shall perform the main responsibility of railway safety production, conduct regular inspections, maintenance and hidden danger investigations along the railway lines, and take timely measures to eliminate railway safety hazards discovered; for major safety hazards that are difficult to eliminate by themselves, they shall promptly report to railway regulatory agencies and the people's governments of the relevant district to deal with it according to the law.
Railway transport enterprises shall actively cooperate with relevant units to carry out inspection and maintenance of roads, bridges, electric power and other facilities across railway lines, simplify work procedures, and eliminate potential safety hazards in a timely manner.
Article 8 Any?unit or?individual is obliged?to cherish railway facilities and protect railway safety,?and they must?not commit acts that endanger railway safety.
Article 9 The relevant departments of the Municipal People's Government shall strengthen the coordination and cooperation with the relevant departments of Beijing Municipality and Hebei Province on railway safety management, timely report the relevant information on railway safety, and jointly do a good job of railway safety management.
Article 10 This Municipality establishes and improves the road protection and joint prevention responsibility system, defines the road protection and joint prevention organizations at all levels, delimits responsibility areas, and implements the road protection and joint prevention responsibilities.
The road protection and joint prevention organization shall coordinate with relevant departments and units to do a good job in public security rectification along the railway line, investigation and management of potential safety hazards, and publicity of road protection and road protection.
Article 11 The people's governments of the districts along the railway lines, the people's governments of townships and towns, the sub-district offices and the railway transport enterprises shall, in accordance with the relevant regulations of the state and this municipality, implement the "double section length" working mechanism for the safety and environmental management along the railway lines, improve the working system, and jointly undertake the Organize inspections, coordinate consultations, etc., and promptly investigate and deal with problems and hidden dangers affecting railway safety.
Article 12 The survey, design, construction, and supervision of railway construction projects shall abide by the provisions of laws, regulations and rules on the quality and safety management of construction projects, and implement national standards, industry standards and technical specifications.
The safety facilities of a railway construction project shall be designed, constructed, and put into use at the same time as the main project.
Article 13 Upon completion of a railway construction project, the acceptance inspection shall be organized in accordance with the pertinent?provisions of the state, and the railway transport enterprise shall conduct an operational safety assessment. Only those that pass the acceptance and assessment and meet the operational safety requirements can be put into operation.
Article 14 Railway line safety protection zones shall be established on both sides of a railway line. The scope, delimitation and announcement of railway line safety protection zones shall be implemented in accordance with the provisions of the Regulations on the Administration of Railway Safety.
Railway construction units and railway transport enterprises shall set up safety protection zone stakes in accordance with the delineation of railway line safety protection zones, and relevant units and individuals along the railway line shall help.
Article 15 It is prohibited to burn waste, stock livestock, and plant trees and other plants that affect the safety of the railway line and the view of the driver on duty?in the railway line safety protection zone.
It is forbidden to discharge sewage, dump garbage and other substances that endanger railway safety into the railway line safety protection zone.
Article 16 When constructing buildings, structures and other facilities and borrowing soil, digging sand, digging trenches, goaf operations, or stacking or hanging objects within the railway line safety protection zone, the railway transport enterprise shall obtain the consent and sign a safety agreement, and abide by the national standards, industry standards and construction safety specifications for railway safety, and take measures to prevent the impact of railway transportation safety.
The railway transport enterprise shall announce the acceptance channels, handling procedures and deadlines, etc., and dispatch personnel to supervise the safety of the construction site.
Article 17 To set up or widen railway crossings and railway pedestrian passages, the consent of the railway transport enterprise shall be obtained.
The people's governments of the districts along the railway lines shall strengthen the safety management of existing railway crossings, clarify the safety management departments of railway crossings within their respective administrative areas, and organize the supervision and management of unguarded railway crossings to prevent railway crossing accidents.
The relevant departments of the Municipal People's Government, the District People's Government and the railway transport enterprises shall actively promote the closure of the existing railway and road level crossings and the reconstruction of the level crossings.
Article 18 The construction and establishment of places and warehouses for the production, processing, storage or sale of flammable, explosive or radioactive materials and other dangerous goods on both sides of the railway line shall comply with the safety protection distance stipulated by the national standards and industry standards.
Article 19 The buildings, structures, equipment, etc. built or set up in the railway line safety protection zone and its adjacent areas shall not enter the railway building boundaries stipulated by the state.
The distance between planting trees or installing towers, chimneys, and other facilities on both sides of the railway line shall comply with the national standards, industry standards, etc., and the owner or manager shall take protective measures to prevent them from entering the railway building boundary after falling down. If a railway transport enterprise finds that the railway safety is endangered, it shall promptly notify the owner or manager to eliminate the potential safety hazard.
Article 20 For color steel tiles, asbestos tiles, resin tiles, simple houses, plastic films, plastic greenhouses, dust-proof nets, billboards and other light objects within 500 meters of each side of the railway line, as well as waste collection points, open waste disposal points and other places, their owners or managers should strengthen daily inspections and maintenance, take effective windproof reinforcement measures, and promptly clean up scattered plastic films, dust-proof nets, tin foil, reflective films, iron sheets and other materials to prevent the safety of railway transportation from being endangered under severe weather conditions such as strong winds.
Article 21 It is prohibited to?fly?kites, balloons or other low-level floating objects within 500 meters from either side of the conducting wire of an?electrified railway power line.
Lifting and releasing drones on both sides of high-speed railway power lines shall abide by relevant state regulations.
Article 22 When driving a motor vehicle through a railway bridge over a railway bridge or a road crossing under a railway bridge or culvert, it shall abide by the load, height, width, length and speed restriction rules.
Article 23 Railway transport enterprises shall formulate emergency emergency?plans in accordance with regulations and organize emergency drills. The emergency predetermined plans shall be linked with the relevant emergency predetermined plans of the municipal and district people's governments.
In the event of an emergency at a railway station or along a railway line, the railway transport enterprise shall report to the local people's government in time according to the regulations, and take early disposal measures according to the emergency predetermined plan. The municipal or district people's government shall, in accordance with regulations, initiate emergency predetermined plans at corresponding levels, and organize emergency rescue.
Article 24 During the peak period of railway transportation?like legal holidays and traditional festivals, during major national events or in severe weather conditions, railway transport enterprises shall take necessary emergency safety measures, strengthen railway transport security check, service guarantees, sanitation and epidemic prevention, and cooperate with stations and areas to comprehensively manage and ease traffic to ensure transport safety. The people's government of the areas along the railway shall start the emergency coordination mechanism as needed and do a good job in relevant safety guarantee work.
Article 25 The people's governments of the areas along the railway and relevant departments and railway transportation enterprises shall establish and improve the monitoring and early warning mechanism of potential safety hazards such as earthquake disasters, geological disasters, flood and drought disasters and meteorological disasters along the railway, strengthen daily inspections, and timely find and deal with problems affecting railway safety.
Article 26 If any party, in violation of the provisions of Article 15 of these Provisions, within the safety protection area of a railway line, burns grass on waste land, breeds livestock, grows plants that influence the safety of the railway line and the driving view of trains, or drains wastes, dumps garbage or discharges any other substances jeopardizing railway safety, the competent railway regulatory authority shall order the liable party to correct and impose a fine of not more than 50,000 yuan if the liable party is an entity or a fine of not more than 2,000 yuan if the liable party is an individual.
Article 27 If any party, in violation of the provisions of Article 16 of these Provisions, constructs a building or structure, excavates earth or ores, ditches, conducts any caving operation, or piles up or hangs articles within the safety protection area of a railway line without the consent of the railway transport enterprise or without entering into a safety agreement, or violates the national standards or professional standards for railway safety or the construction safety norms, and jeopardizes railway transport safety, the competent railway regulatory authority shall order the liable party to correct, and may impose a fine of not more than 100,000 yuan.
Article 28 In violation of the provisions of Article 18 of these Provisions, any site or warehouse built or set up for producing, processing, storing or selling inflammable, explosive, radioactive or other dangerous articles on both sides of the railway line fails to satisfy the safety protection distance requirements of national standards and professional standards, the competent railway regulatory authority shall order the liable party to correct and impose a fine of not more than 200,000 yuan but not less than 50,000 yuan if the liable party is an entity or a fine of not more than 50,000 yuan but not less than 10,000 yuan if the liable party is an individual.
Article 29 In violation of the provisions of paragraph 1 of Article 19 of these Provisions, Where any building, structure or facility established or set up in the safety protection area of a railway line or an adjacent area thereof stands within the railway building clearance boundaries as provided for by the state, the competent railway regulatory authority shall order the liable party to correct and impose a fine of not more than 200,000 yuan but not less than 50,000 yuan if the liable party is an entity or a fine of not more than 50,000 yuan but not less than 10,000 yuan if the liable party is an individual.
Article 30 If any party, in violation of the provisions of paragraph 1 of Article 21 of these Provisions, flies?kites, balloons or other low-level floating objects within 500 meters from either side of the conducting wire of a electrified railway power line, the public security authorities?shall order the liable party to correct and impose a fine of not more than 10,000 yuan but not less than 50,000 yuan if the liable party is an entity or a fine of not more than 500 yuan but not less than 2,000 yuan if the liable party is an individual.
Article 31 These provisions?shall come into force as of March?1, 2022.