(Adopted at the 87th meeting of the Executive Meeting of the 6th Shenzhen Municipal People's Government on August 7, 2017)
Chapter One General Provisions
Article 1 In order to standardize the operation service and the administration of production safety of modern trams in Longhua, ensure traffic safety and safeguard the legitimate rights and interests of passengers, these Measures are formulated in accordance with the relevant laws and regulations and in light of the actual conditions of Shenzhen Municipality.
Article 2 The operation service, production safety, traffic safety and related management activities of the modern tram in Longhua (hereinafter referred to as the tram) shall apply these Measures.
Article 3 The operation of the tram shall implement franchise.
The tram operating unit shall be determined in accordance with the relevant laws, regulations and rules governing the franchising of public utilities..
Article 4 The Longhua District People's Government (hereinafter referred to as the District Government) shall, in accordance with the authorization, be responsible for supervising the tram operating unit (hereinafter referred to as the operating unit) to perform the obligations stipulated in the franchise agreement, coordinating matters related to the operation and management of trams and the supervision and administration of production safety, and organizing to complete the road traffic safety management work well.
The municipal transportation management department shall be responsible for the supervision and management on the operation service and the production safety of the tram.
The municipal public security organ shall be responsible for the tram public security, fire control and road traffic safety management.
The urban administrative department of Longhua District shall be responsible for the public green space within the special lane of the tram’s greening maintenance and environmental hygiene.
The relevant administrative departments such as planning and land resources, housing and construction, water affairs and market supervision shall, in accordance with their respective duties, coordinate to complete the supervision and management work of tram operation well.
Article 5 The operating unit shall abide by the provisions of these Measures, and abide by the terms of the franchise agreement and other relevant agreements, be responsible for the tram daily operation, bear the tram operation production safety main responsibility , and complete the tram operation order, production safety, fire control, emergency disposal well and other works.
Article 6 Communication, power supply, water supply, drainage, road maintenance and other units shall, in accordance with their respective duties, coordinate in the supervision and management of the operation of trams.
Article 7 Any unit or individual shall abide by the provisions of these Measures, and not endanger the tram operation safety, disrupt the operation order and damage tram facilities.
Any unit or individual discovering theft or damage to tram facilities or other acts endangering the operation safety, shall report to the police or the operating unit in a timely manner.
Chapter Two Operation Service Management
Article 8 The tram construction project shall be checked and accepted in accordance with the regulations, and shall be put into operation after passing the check and acceptance and approval.
Article 9 The municipal transportation management department shall organize the formulation and promulgation of the norms for the tram operation service, guide the operating unit to formulate the Rules of Passengers, and supervise and inspect the operating unit’s operation service situation.
The operating unit shall, in accordance with the norms for the operation service of the tram, formulate the standards for the operation service of the tram, submit them to the municipal transportation management department for approval, and provide tram operation service in accordance with the approved standards.
If the passenger flow increases due to holiday trips, large-scale events or other reasons, the municipal transportation management department may request and notify the operating unit in advance to temporarily adjust the operation service plan, and the operating unit shall implement it.
Article 10 The operating unit shall not suspend the operation of the entire line or part of the road without authorization.
Due to the failure of the tram facilities, natural disasters beyond the preset protection level, emergencies or the temporary occupation of the tram lanes by other units, which seriously affect the operation safety, the operating unit may suspend the operation of relevant road sections and line operation, organize the evacuation of passengers in accordance with the requirements of the emergency plan, report to the municipal transportation management department, the municipal public security organ and the district emergency management department, and release information to the society.
In addition to the circumstances specified in the second paragraph of this Article, where the operation of the tram is suspended due to the care, maintenance or major technical transformation of the facilities, the operating unit shall report to the municipal transportation management department for approval and release the information to the public in advance.
Article 11 The operating unit shall announce the fare table, the passenger code, the departure time of the first and last tram and the operation information of the tram at the obvious location in the station. During the operation of the tram, the operating unit shall broadcast the name of the station and relevant operational service tips, disaster early warning, emergency guidance, safety self-rescue and civilized ride in the carriages through broadcasting, electronic display screen and other forms.
Article 12 The operating unit shall establish a public health management system and be responsible for the environmental hygiene of tram vehicles, stations and parking lots.
The operating unit shall, in accordance with the relevant provisions, take environmental protection measures to ensure that the indexes such as vibration and noise meet the requirements of the tram operation design documents.
Article 13 The fares of trams shall be set by the government. The operating unit shall, in accordance with the relevant provisions of the municipal government or the municipal transportation management department, provide free or preferential ride services.
Article 14 Passenger shall take the tram with valid ticket, and the operating unit shall have the right to inspect the tickets. If passenger take the tram without ticket, with invalid ticket, forged or altered preferential travel certificate, or falsely using other people's preferential travel certificate to take the tram, the operating unit shall make up the fare at 10 times the one-way fare, unless the passengers take the initiative to make up for ticket；where a forged or altered preferential ride certificate is used, the operating unit may transfer it to the public security organ for handling according to law..
The passenger who carries a thing with a weight of more than 20 kg and not more than 30 kg, or a thing of which the sum of length, width and height of external dimensions is more than 1.4 meters and not more than 1.6 meters, shall purchase a luggage ticket equal to the fare of the passenger.
If a tram fails to operate normally for some reasons in the course of operation, the operating unit shall provide the transfer service; if it is unable to provide the transfer service, the ticket shall be refunded.
Article 15 The operating unit shall establish a complaint acceptance system,and publicize the contact information such as the telephone number for complaint acceptance or e-mail address of the municipal transportation administration department and the operating unit at an obvious position in the station and the carriage.
If passenger complains about the tram service, the operating unit shall handle the complaint first. The operating unit shall make a reply within 10 days from the date accepting the complaint.
If the passenger is not satisfied with the reply of the operating unit or the operating unit fails to reply within the time limit, the passenger may lodge a complaint with the municipal transportation management department, and the complaint handling institution of the municipal transportation management department shall complete the handling of the complaint within 10 days; if the handling time needs to be extended due to special circumstances, it may be extended for 10 days with the approval of the person in charge of the complaint handling institution.
Article 16 When riding on a tram, passenger shall abide by the passenger code and public order, and the following acts shall be prohibited:
(1) fighting in the carriage, provoking troubles, molesting others or disturbing public order by other means or infringing upon personal rightst;
(2) operating buttons, switches and other devices with warning signs without authorization, and using emergency safety devices in non-emergency situations;
(3) smoking, spitting, defecating, spitting chewing gum, littering fruit peels, confetti and other wastes in the carriage;
(4) painting, depicting and posting without authorization on the carriages or tram facilities;
(5) peddling, distributing leaflets, begging and performing in the carriage;
(6) other behaviors in violation of the management regulations on the tram operation safety, the operation order, the tram facilities appearance and the environmental health.
Article 17 Passenger shall not carry the following things in violation of the regulations:
(1) explosive, toxic, radioactive, corrosive substances and pathogens of infectious diseases;
(2) guns, ammunition, or crossbows, daggers and other nationally regulated equipment;
(3) live animals that affect the order and safety of riding, except for guide dog carried by blind person and military police dog on missions;
(4) things weighing more than 30 kg or the sum of length, width and height of external dimensions exceeding 1.6 meters;
(5) other prohibited things as stipulated in the passenger code.
The style and catalogue of things prohibited from carrying shall be announced by the municipal public security organ in conjunction with the municipal transportation management department, and shall be posted and displayed by the operating unit in the station.
If the passenger takes a tram with items prohibited by this Article, the operating unit shall refuse to let he/she take the tram.
Article 18 The operating unit may carry out the safety inspection on passengers and their belongings. Passenger shall accept and cooperate with the safety inspection; if he/she does not accept the safety inspection, the operating unit shall refuse to let him/her take the tram.
The operating unit shall cooperate with the public security organ in the public security and anti-terrorism work to ensure the passenger safety on board.
Chapter Three Operation Safety Management
Article 19 The operating unit shall establish and improve production safety management institution, improve production safety management system, establish safety management system and operating rules, and ensure the necessary capital investment for production safety.
The operating unit shall purchase insurance related to the operation in accordance with the relevant provisions.
Article 20 The operating unit shall establish the facilities and the equipment inspection and maintenance accounting system and file in accordance with the relevant provisions, regularly inspect, maintain and update the tram vehicle, the track, the station and the related facilities and ensure the facilities and the each system’s equipment are in good condition, if it finds hidden safety dangers in the operation of the tram, the corresponding measure shall be taken in time to control or eliminate the hidden safety dangers.
Article 21 The operating unit shall regularly carry out educational training activities for employees in production safety, emergency rescue, first aid skill, civilized operation and high-quality service, and establish and improve the corresponding business assessment system.
The operating unit shall provide professional training and production safety education to the tram driver, dispatcher and other staff involved in production safety and emergency disposal, and these staff shall not be arranged to take up the post until they have passed the examination.
The tram driver shall also obtain the corresponding driver's license in accordance with the relevant provisions.
Article 22 When the tram vehicle leaves the factory and delivered to the operating unit, the operating unit shall organize the acceptance testing in accordance with the design standard and the relevant provisions, make the vehicle registration after passing the acceptance, and keep a record in accordance with the relevant provisions.
Article 23 The operating unit shall formulate and implement the vehicle safety management system to ensure the safety and reliability of the operating vehicle and meet the following requirements:
(1) the vehicle shall be clean and tidy, the facilities shall be in good condition, and the performance shall meet the relevant technical specifications and the relevant requirements for safe operation;
(2) setting the emergency window, life hammer, fire extinguisher and other facilities in accordance with the relevant provisions.
Article 24 The operating unit shall, before leaving the vehicle to carry passengers each day, check and confirm that the safety condition of the track along the line is well, check the safety condition of the tram running for the first time every day before departure, and turn on the real-time monitoring equipment for the running status of the tram.
If the driver drinks alcohol, takes psychotropic drug or narcotic drug controlled by the State, or suffers from illness that hinders the safe driving, or gets excessive fatigue affecting safe driving, the operating unit shall not arrange him to drive the tram.
Article 25 The following acts endangering the operation safety of the tram shall be prohibited:
(1) setting up, moving, occupying, covering up or damaging the road traffic safety facilities for the operation of the tram, such as traffic sign, traffic marking, traffic signal and traffic monitoring without authorization;
(2) planting tree and other plants on both sides of the road and the isolation zone, or installing billboard and pipeline, to block street light, traffic signal light or traffic sign, thereby obstructing the safe sight distance of the tram and affecting traffic;
(3) damaging the vehicle, track, roadbed, bridge, mechanical and electrical equipment and other facilities and equipment of the tram, as well as the facilities and equipment in the station, or interfering with the normal operation of the electromechanical equipment, charging device and communication signal system of the tram;
(4) placing obstacle in the tramway or deliberately throwing objects against the moving tram;
(5) illegally intercepting or forcibly boarding or riding the tram, thereby affecting the normal operation of the tram;
(6) storing explosive, flammable and explosive, toxic, corrosive and other substances within the scope of track and station;
(7) other acts that endanger the operation safety of the tram.
The operating unit shall establish a daily inspection system to detect and stop the acts specified in the preceding paragraph in a timely manner.
Article 26 The safety protection zone shall be set up along the tram line, including the following areas:
(1) within 30 meters on both sides of the base line which is the central line of the tram traffic line;
(2) within 20 meters of the outside of the bridge, tunnel, car park, vehicle depot, substation, communication base station, cable channel, water supply and drainage pipe.
The operating unit shall, in accordance with the provisions of the preceding paragraph and the actual situation, prepare a plan for establishing the safety protection zone, submit it to the planning and land department of their jurisdiction for review and approval, and then publish it to the public.
Article 27 If, in addition to emergency rescue, the construction operations are carried out in the safety protection zone, the work unit shall, after soliciting the opinions of the operating unit in writing, apply to the relevant administrative departments for planning, construction permit and other administrative permits according to law.
If the work unit solicits the opinions of the operating unit in writing in accordance with the provisions of the preceding paragraph, the operating unit shall, within 10 days from the date of receipt of the relevant materials, issue written opinions to the work unit. If the operating unit fails to issue written opinions within the time limit, the work unit may directly apply to the relevant administrative departments for planning, construction permit and other administrative permits in accordance with the law.
The work unit shall sign a safety agreement with the operating unit before construction, and the construction process shall be subject to the safety monitoring of the operating unit.
If, as a result of emergency rescue, it is necessary to operate within the scope of the tram safety protection zone, the construction work unit shall inform the operating unit immediately, and the operating unit shall promptly send staff to the site to cooperate with the construction upon receipt of the notification to ensure the operation safety of the tram.
Article 28 The relevant units and individuals along the tram line shall support and cooperate with the operating unit in carrying out the safety inspection, control or elimination of relevant hidden dangers along the tram line.
If other units or individuals cause hidden dangers to the safety of tram facilities or equipment, the units or individuals shall be responsible for eliminating the hidden dangers, or entrust the operating unit to eliminate the hidden dangers, but shall bear the corresponding expenses. If the units or individuals refuse to eliminate the hidden dangers, the operating unit shall eliminate the hidden dangers and may recover the relevant expenses according to law.
Chapter Four Traffic Safety Management
Article 29 When running on a road, the tram shall abide by the relevant provisions of road traffic safety laws, regulations, rules and these Measures, and obey the command of the traffic police.
Article 30 The traffic management department of the municipal public security organ shall be responsible for the record of the tram on the road and the number of the tram vehicle that has been put on record. The specific provisions for the record shall be formulated separately by the traffic management department of the municipal public security organ.
Article 31 The person applying for the motor vehicle driver's license for the tram shall, after passing the examination by the traffic management department of the municipal public security organ, be issued the motor vehicle driver's license for driving the tram.
Article 32 Special lane sign, marking or curb shall be set for the special lane of the tram. Lane isolation facilities, guidance sign, safety warning sign and other facilities shall be set up on the accident-prone sections.
At the intersection where the tram pass, special signal light, stop line and tram lane line shall be set up.
Article 33 The tram running on roads shall abide by the following general rules:
(1) when operating normally, driving on the right side of the two-track and two-way road section;
(2) the maximum speed of driving on the special lane of the tram shall not exceed 70 km/h;
(3) when passing through an intersection, the maximum speed shall not exceed 30 km/h;
(4) when driving at night or on the dangerous road section, as well as in the event of hail, rainstorm, thick fog and other adverse weather conditions, the driving speed shall be reduced;
(5) other general rules prescribed by laws, regulations and rules.
Article 34 When the tram passes through the intersection, the driver shall follow the traffic signal instruction, and other motor vehicles and non-motor vehicles shall pay attention to avoiding.
If traffic police command at the scene, the tram driver shall obey the command; if there is no traffic signal instruction or the instruction is not clear, the tram driver shall park the tram outside the stop line, not pass the intersection and report to the traffic management department of the public security organ, the traffic management department of the public security organ shall arrange for traffic police to be present and command in a timely manner.
Article 35 Except in an emergency, the tram driver shall not park the vehicle in the area of a crosswalk or intersection, and shall not disembark outside the platform.
Article 36 When the tram passes through an intersection and needs to stop for treatment due to failure, the driver shall turn on the flash of danger alarm and report it to the operating unit and the traffic management department of the public security organ, the operating unit shall take timely measures to deal with it.
Article 37 Non-motor vehicle and pedestrian are prohibited from entering the special lane of the tram or other tram traffic areas with no entry signs.
Pedestrian is prohibited from trampling on tramway switches, signal equipment and other facilities. Except for crossing the crosswalk, pedestrian is prohibited from walking and staying on the tramway within the intersection area.
Chapter Five Emergency and Accident Handling
Article 38 The district government and the municipal transportation management department shall, in accordance with the relevant provisions on the management of the emergency plan, formulate the tram emergency plans for the government and its departments, which shall be implemented after approval.
For emergencies involving terrorist attacks and public security, the municipal public security organ shall be responsible for initiating the corresponding emergency plans for anti-terrorism and public security, and shall organize, direct and deal with them.
The operating unit shall, in accordance with the relevant provisions on the management of emergency plans, formulate the special emergency plans for the operation of the tram, and report the major emergency plans to the relevant management departments for the record.
Article 39 In case of any tram emergency, the operating unit shall organize emergency repair, rescue, personnel evacuation and information release according to the requirements of the special emergency plan, and report to the relevant management department.
The relevant management departments shall, according to the situation, timely start the tram emergency plan, organize and command the emergency response.
After the emergency is handled, the operating unit shall conduct safety inspection on the tram traffic facilities and equipment involved, and the operation shall be resumed only after passing the inspection.
Article 40 The operating unit shall set up the emergency rescue team, be equipped with the corresponding emergency rescue equipment, organize the emergency handling training and emergency rescue exercise on a regular basis, establish the emergency support linkage mechanism with the relevant units, and improve the collaborative disposal ability.
Article 41 In the event of a tram traffic accident, the driver shall immediately stop the vehicle, turn on the hazard warning flash, protect the scene and report to the police promptly.
In the event of a tram traffic accident that causes casualties, the operating unit shall immediately notify the emergency department, report to the traffic management department of the municipal public security organ and other relevant departments, and record the situation at the scene of the accident, waiting for handling.
In the event of a tram traffic accident that causes no casualties and the parties concerned may move the vehicle on their own, the operating unit and the party concerned in the accident shall, under the condition of ensuring safety, take pictures of the scene or mark the location of the vehicles in the accident, move the vehicles to a safe place that does not interfere with traffic, negotiate on its own or report it to the traffic management department of the municipal public security organ, and wait for handling.
The traffic management department of the municipal public security organ may, according to the accident conditions and the degree of road traffic impact, notify the operating unit to suspend the line operation; upon the completion of the accident scene investigation, immediately notify the operating unit to resume the line operation, and the operating unit shall obey the command.
Other procedures relating to the handling the tram accident shall be carried out in accordance with the laws, regulations and rules on road traffic safety.
Article 42 If an accident occurs within the tram lane and facilities, which constitutes a production safety accident, the accident shall be investigated and handled in accordance with the relevant laws, regulations and rules of production safety management.
Chapter Six Legal Liability
Article 43 Under any of the following circumstances, the operating unit shall be ordered to make corrections and fined 10,000 yuan by the municipal transportation administration department:
(1) in violation of the provisions of Paragraph 2 of Article 9 of these Measures, failing to formulate the standards for the operation service of the tram in accordance with the provisions or failing to submit the standards for the operation service to the municipal transportation management department for approval, or providing operation service that do not meet the approved standards for the operation service of the tram;
(2) in violation of the provisions of Paragraph 3 of Article 9 of these Measures, refusing to implement the temporary operation service plan put forward by the municipal transportation management department;
(3) in violation of the provisions of Paragraph 2 and Paragraph 3 of Article 10 of these Measures, failing to report to the relevant departments or announce information to the public;
(4) in violation of the provisions of Article 11 of these Measures, failing to announce information in accordance with the provisions;
(5) in violation of the provisions of Paragraph 1 and Paragraph 2 of Article 15 of these Measures, failing to announce the manner in which the complaints are accepted or to handle passenger the complaints in accordance with the provisions.
Article 44 Under any of the following circumstances, the operating unit shall be ordered to make corrections within a time limit and fined 30,000 yuan by the municipal transportation management department:
(1) in violation of the provisions of paragraph 3 of Article 10 of these Measures, suspending the operation of the whole line or part of the road section without approval;
(2) in violation of the provisions of Paragraph 2 of Article 19 of these Measures, failing to purchase insurance related with the operation in accordance with the provisions;
(3) in violation of the provisions of Paragraph 3 of Article 38 of these Measures, failing to prepare the emergency plan or submit it for the record in accordance with the provisions;
(4) in violation of the provisions of Paragraph 1 of Article 39 of these Measures, failing to implement the emergency plan in accordance with the provisions.
Article 45 If the operating unit violates the provisions of Paragraph 1 of Article 19, Article 20, Paragraph 1 and Paragraph 2 of Article 21, Article 23, Article 24 or Article 40 of these Measures, it shall be punished in accordance with the relevant provisions of Production Safety Law of the People's Republic of China.
Article 46 If the operating unit violates the provisions of Paragraph 1 of Article 12 of these Measures and fails to perform the responsibility of environmental sanitation management, the district urban administrative department shall punish it in accordance with the relevant provisions of the city appearance and environmental sanitation management.
Article 47 If the operating unit violates the provisions of Paragraph 2 of Article 12 of these Measures and fails to take the environment protection measures in accordance with the provisions, resulting in the indexes of vibration, noise and other failing to meet the requirements of the tram operation design document, the district environment protection department shall order it to make corrections within a time limit and impose a fine of 30, 000 yuan.
Article 48 If the operating unit, in violation of the provisions of Article 13 of these Measures, fails to implement the tram fare policy in accordance with the provisions, it shall be punished by the market supervision and administration department in accordance with the relevant provisions on price management.
Article 49 If passenger violates the provisions of paragraph 1 of Article 16 of these Measures shall be punished by the public security organ in accordance with the relevant provisions of the Law of the People's Republic of China on Public Security Administration.
If passenger violates the provisions of Item 2 and Item 6 of Article 16 of these Measures on the operation safety and the operation order management, the municipal transportation management department shall order him to make corrections and impose a fine of 500 yuan.
If passenger violates the provisions of Item 3 to Item 6 of Article 16 of these Measures on the administration of city appearance and environmental sanitation, the district city administrative department shall punish him in accordance with the relevant provisions on the administration of city appearance and environmental sanitation.
Article 50 Any unit or individual that violates the provisions of Item 1 and Item 2 of Article 25 of these Measures shall be punished by the municipal transportation administration department and the traffic management department of the municipal public security organ in accordance with the relevant provisions of the Regulations of Shenzhen Special Economic Zone on the Administration of Road Traffic Safety.
Any unit or individual that violates the provisions of Item 3 to 7 of Article 25 of these Measures, shall be punished by the municipal public security organ in accordance with the relevant provisions of the Law of the People's Republic of China on Public Security Administration.
Article 51 If the operating unit violates the provisions of Article 22 of these Measures and the tram on the road fails to file with the traffic management department of the municipal public security organ according to the provisions, the traffic management department of the municipal public security organ shall order it to make corrections and impose a fine of 10, 000 yuan.
Article 52 The tram driver who, in violation of the provisions of Paragraph 3 of Article 21 of these Measures, does not obtain the corresponding driving certificate to drive the tram on the road, shall be punished by the traffic management department of the municipal public security organ in accordance with the relevant provisions of the Regulations of Shenzhen Special Economic Zone on Penalties for Illegal Acts of Road Traffic Safety.
If trams, other motor vehicles, non-motor vehicles and their drivers, as well as pedestrians, violate the provisions of Chapter Four of these Measures, the traffic management department of the municipal public security organ shall, in accordance with the relevant provisions of the Regulations of Shenzhen Special Economic Zone on Penalties for Illegal Acts of Road Traffic Safety, punish them.
Article 53 The units and individuals who refuse or obstruct the staff of the relevant administrative departments and the operating unit from performing their duties according to law, in violation of the provisions of the Law of the People's Republic of China on Public Security Administration, shall be punished by the public security organ according to law; if a crime is suspected, transferring to the judicial organ for handling according to law.
Article 54 If the staff of the relevant administrative departments violates the provisions of these Measures, the supervisory organ or the unit to which he belongs shall order him to make correction and investigate the administrative liability of the relevant personnel according to law.
Chapter Seven Supplementary Provisions
Article 55 The meanings of the following terms in these Measures:
(1) tram refers to the public passenger vehicle driven by electricity along the fixed track laid on urban road.
(2) tram facilities refer to the tram track, station (including entrance, exit and passage, etc.), parking lots, depot, vehicle, electromechanical system and other ancillary facilities as well as the relevant facilities set up to ensure the tram operation.
(3) tram lane includes exclusive tram lane and intersection lane:
1. the exclusive tram lane refers to the lane where the fixed track is laid, and curbs, barriers or sign markings are used to isolate trams from other vehicles and pedestrians, and only tram is allowed to pass.
2. the intersection lane refers to the lane where the fixed track is laid within the scope of the intersection for the passage of the tram and other vehicles or pedestrians may pass by.
Article 56 These Measures herein shall come into effect on September 20, 2017.
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