第八章 附则

第三十四条 对违反海上交通安全管理法规进行违章操作，虽未造成直接的交通事故，但构成重大潜在事故隐患的，港务监督可以依据本条例进行调查和处罚。

第三十五条 因海上交通事故产生的海洋环境污染，按照我国海洋环境保护的有关法律、法规处理。

第三十六条 本条例由交通部负责解释。

第三十七条 本条例自发布之日起施行。

名称 REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE INVESTIGATIONAND HANDLING OF MARITIME TRAFFIC ACCIDENTS

题注

Important Notice: (注意事项)


英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民

共和国涉外法规汇编》(1991年7月版).

当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.

This English document is coming from the "LAWS AND REGULATIONS OF THE

PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)

which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House. In case of discrepancy, the original version in Chinese shall prevail.

Whole Document (法规全文)

REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE INVESTIGATION AND HANDLING OF MARITIME TRAFFIC ACCIDENTS

(Approved by the State Council on January 11, 1990, promulgated by Decree No. 14 of the Ministry of Communications on March 3, 1990) Chapter I General Provisions

Article 1

These Regulations are formulated according to the relevant provisions of the Maritime Traffic Safety Law of the People's Republic of China in order to strengthen the control of maritime traffic safety and promptly investigate and handle maritime traffic accidents.

Article 2

The harbour superintendency establishments of the People's Republic of China shall be responsible for implementing these Regulations.

Article 3

These Regulations shall apply to the maritime traffic accidents happening to the vessels and installations in the coastal waters of the People's Republic of China. If there exist special provisions in state laws and administrative regulations for the investigation and handling of the maritime traffic accidents happening in the fishing port waters or of the maritime traffic accidents happening between fishing vessels or between military vessels in the coastal waters, these special provisions shall prevail.

Article 4

The maritime traffic accidents referred to in these Regulations mean the following accidents happening to vessels and installations:

(1) collision, strike or damage by waves;

(2) hitting hidden rocks or running aground;

(3) fire or explosion;

(4) sinking;

(5) damage or loss of machinery parts or important tools during a voyage which affects the vessel's seaworthiness;

(6) other maritime traffic accidents which cause losses in property and human lives.

Chapter II Report

Article 5

The persons in charge of the vessels and installations which are involved in maritime traffic accidents must report immediately to the harbour superintendency administration at the nearest harbour by a high-frequency telephone, radiotelegram or other effective means. The content of the reports shall include: name of the vessel or installation, call sign, nationality, port of departure and port of arrival, owners or managers of the vessel or installation, when and where the accident happened and the attending circumstances on the sea, the extent of damage of the vessel or installation, request for salvage, etc.

Article 6

The persons in charge of the vessels and installations which are involved in maritime traffic accidents must, in addition to making brief reports immediately in accordance with the provisions in Article 5, submit the Report Concerning Maritime Traffic Accidents and other necessary documents and materials according to the following stipulations to the harbour superintendency administration:

(1) If maritime traffic accidents happen to vessels or installations within the waters of the harbour areas, it is necessary to submit a report and other materials to the local harbour superintendency administration within 24 hours after the accidents.