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No. 262 Order of Wuhan Municipal People’s Government
    2017-03-10

  It is hereby promulgated that the Measures of Wuhan Municipality for the Administration of Rail Transit Safety have been adopted at the 124th Executive meeting of Wuhan Municipal People’s Government on March 31st, 2015, and shall be implemented as of June 10, 2015.

 

 

Mayor: Wan Yong

May 11, 2015

 

 

 


Measures of Wuhan Municipality for the Administration of Rail Transit Safety

 

Chapter One   General Provisions

Article 1   With a view to strengthening the administration of rail transit safety of this Municipality, ensuring rail transit safety and protecting the legitimate rights and interests of passengers, these Measures are formulated in accordance with the Work Safety Law of the People's Republic of China, the Regulations on Internal Security of Enterprises and Institutions (Order No. 421 of the State Council), the Regulations of Wuhan Municipality on the Administration of Rail Transit (hereinafter referred to as the “Regulations”)and other laws and regulations, and in the light of the actual situation of this Municipality.

Article 2   These Measures are applicable to the administration, control and supervision of rail transit safety of this Municipality.

Article 3   Scientific and comprehensive approaches shall be applied to the administration of rail transit safety, with safety first and prevention focused.

Article 4   The Municipal People’s Government shall establish a comprehensive coordination mechanism for rail transit safety under which the major issues related to rail transit safety of this Municipality are arranged and coordinated by overall planning.

The people’s governments at the district level along the rail transit lines (including the administrative committees of Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park, the same hereinafter) shall be responsible for providing relevant services to ensure the rail transit safety within their respective districts and cooperating with relevant departments in coordinating and solving relevant problems.

Article 5   The competent municipal administrative department of transportation shall be responsible for the supervision and administration of rail transit safety of this Municipality, as well as the industrial guidance and supervision on rail transit safety. The municipal rail transit operation management agency, which is affiliated to the competent municipal administrative department of transportation, shall be in charge of the routine supervision work.

The municipal public security organ shall be responsible for the maintenance of public security and order and for the anti-terrorist work during rail transit, as well as the supervision and administration of fire protection and security check.

The municipal departments of development and reform, land and planning, city management, urban and rural construction, safety supervision, and health shall be responsible for the related work of rail transit safety in line with their respective responsibilities.

Article 6   The rail transit operating unit (hereinafter referred to as the “operating unit”) shall, in accordance with these Measures, bear the main body responsibility for rail transit safety, exercise routine management over the daily operation, establish and improve its safety control system, formulate rules and procedures, and specify and fulfill safety responsibilities, so as to ensure the operation safety.

Article 7   The relevant departments under the Municipal People’s Government and the operating unit shall publicize by various ways the legal provisions and knowledge on urban rail transit safety to strength the citizens’ safety awareness.

 

Chapter Two   Management of Safety Facilities and Protection Zones

Article 8   The rail transit developer (hereinafter referred to as the “developer”) shall, during project construction, provide the following safety facilities and equipment and ensure that their functions meet the needs of operation safety:

(1) safety and emergency facilities and equipment for alarm, fire protection, escape, gate, flood protection, explosion protection, terrorism, urgent evacuation lighting, emergency communication, and emergency guidance system, etc.;

(2) signs for safety, fire protection, evacuation, etc;

(3) video monitoring system; and

(4) police office, police signs, and the supporting equipment for communication and riot control, etc.

For the safety facilities and equipment which may be used by passengers in emergency, their service conditions and operation procedures shall be indicated explicitly.

Article 9   After the final acceptance of a rail transit project, the developer shall submit for the record the general layout of rail transit line to the municipal rail transit operation management agency, as well as the administrative department of rail transit security and the fire department under the municipal public security organ.

Article 10   The operating unit shall conduct routine maintenance and inspection as required over the safety facilities and equipment, so as to ensure their normal operation.

The operating unit shall adjust its safety facilities and equipment promptly if the requirements and standards for safety facilities and equipment have been changed. If the safety facilities and equipment cannot meet the actual needs of operation safety, the operating unit shall improve or replace the unqualified safety facilities and equipment according to the requirements of the municipal rail transit operation management agency, and the administrative department of rail transit security and the fire department under the municipal public security organ.

Article 11   The operating unit shall demarcate the specific areas of safety protection zones of a rail transit line (hereinafter referred to as the safety protection zones) in accordance with the following provisions, and submit them to the municipal department of land and planning for approval:

(1) within 50 meters outside the outer side boundary of underground station and tunnel;

(2) within 30 meters outside the outer side boundary of ground and elevated station as well as rail;

(3) within 10 meters outside the outer side boundary of buildings (structures) such as exits, ventilation shafts and substations etc; and

(4) within 150 meters outside the outer side boundary of underwater tunnel structure.

The municipal department of land and planning shall publicize the safety protection zones that have been approved, and meanwhile circulate a notice to Changjiang Water Resources Commission, Changjiang Maritime Safety Administration, Changjiang Waterway Bureau, the municipal departments of urban and rural construction, city management, water, ports and maritime affairs, and other related departments and units, as well as the people’s governments at the district level.

Where adjustment of the safety protection zones is necessary due to the geological conditions or other special circumstances, the operating unit shall work out and submit a specific proposal to the municipal department of land and planning for approval.

Article 12   Where administrative licensing is required for the following works to be carried out by a construction unit or individual within the safety protection zones, the municipal administrative departments of land and planning, urban and rural construction, city management, fire (under the municipal public security organ), water, ports and maritime affairs, and other related departments and units shall, before issuing a license, solicit comments in writing from the operating unit with respect to the planning and design scheme, construction scheme and safety protection scheme (including monitoring scheme) submitted by the applicant, and shall determine whether to issue a license based on the comments of technical review made by the operating unit. For the works that involve complicated techniques or may endanger the rail transit safety, the corresponding administrative departments and units shall organize expert review. The municipal rail transit operation management agency and the operating unit shall be informed promptly after a decision on administrative licensing is made:

(1) new construction, extension, renovation or dismantling of buildings (structures);

(2) pipe works, excavation, drilling, explosion, pile foundation works, and ground stabilization;

(3) well digging, sand excavation, quarrying, soil borrowing and storage, and waterway dredging; and

(4) other works that may endanger the rail transit safety.

If the works specified in the first paragraph requires no administrative licensing, a construction unit or individual shall solicit comments in writing from the operating unit with respect to the planning and design scheme, construction scheme and safety protection scheme (including monitoring scheme).

The operating unit shall issue its comments of technical review and reply in writing within five working days, and meanwhile submit the comments to the municipal rail transit operation management agency for the record.

Article 13   A construction unit or individual shall, before commencing the works specified in the first paragraph of Article 12,sign with the operating unit a safety agreement prescribing that it shall strictly follow the construction scheme during its construction, strictly abide by the relevant national safety standard and construction safety code, take effective measures to ensure the rail transit safety, etc. Without signing of a safety agreement, construction shall not be commenced.

The operating unit shall conduct routine supervision on the work safety within the safety protection zones. In the event of finding out any existing or potential safety risk, it shall require the construction unit or individual concerned to suspend construction and to take measures to remove the hazards, and report to the unit that issues the license or the municipal rail transit operation management agency. The unit that has received the report shall deal with the circumstance immediately in accordance with the law. 

The relevant departments under the people’s governments at the district level along the rail transit lines shall strengthen their routine administration over the safety protection zones. Changjiang Water Resources Commission, Changjiang Maritime Safety Administration, Changjiang Waterway Bureau and the Municipal Bureau of Ports and Maritime Affairs shall, in accordance with the law, exercise administration over the safety protection zones of related waterways and water areas. In the event of finding out any illegal construction, the construction unit or individual concerned shall be ordered to suspend construction immediately and be punished according to law; and the punishment result shall be submitted promptly to the municipal rail transit operation management agency.  

 

Chapter Three   Safe Operation Management

Article 14   Before the trial run of a rail transit line, a developer shall, in accordance with the Code for Safety Evaluation before the Trial Run of Urban Rail Transit, entrust a qualified safety evaluation agency to provide safety evaluation, and submit the relevant evaluation documents to the municipal department of work safety for the record. A developer shall promptly make corrections against the problems found out during safety evaluation.

After passing the safety evaluation of a rail transit line, the operating unit shall file an application with the competent municipal department of transportation for review of the basic conditions for trial run; and the latter shall, as entrusted by the competent provincial department of transportation, organize relevant departments and experts to carry out review, and after the review is passed, submit the relevant review documents to the Municipal People’s Government for approval. Trial run is allowed only after being approved by the Municipal People’s Government.

During the trial run, the operating unit shall, in accordance with the design standards and technical specifications, carry out safety monitoring and comprehensive verification over the running conditions and operations of rail transit facilities and equipment.

Article 15   The competent municipal department of transportation shall urge the operating unit to evaluate its rail transit safety and to conduct safety emergency drills, and guide and supervise the operating unit in law enforcement activities.

Article 16   The public security organs shall maintain the security and order during rail transit, investigate and punish the acts endangering the security and order of rail transit, establish a rail transit anti-terrorist commanding system, improve their anti-terrorist emergency plans and organize drills, so as to ensure the rail transit safety.

Article 17   The operating unit shall provide security check facilities and equipment and select a qualified unit to conduct security checks over the passengers entering the rail transit stations as well as their belongings. The public security organs shall provide guidance and supervision over security checks.

Passengers shall accept security checks; or else their entry shall be refused by security checkers. In the event of forcible entry or boarding or disturbance of the order of security checks by a passenger who refuses to accept security checks, such passenger may be transferred to a public security organ for punishment according to law.

Security checkers shall wear security check badges during their security checks. Passengers have the right to refuse security checks by a security checker who fails to wear a security check badge.

Entry of any articles that are hazardous to rail transit safety is forbidden in the rail transit operation areas. The operating unit shall, in accordance with the provisions of the public security organs and the regulations of the municipal rail transit operation management agency, publicize the specific catalogue and descriptions of hazardous articles in the metro stations by posting, display or other means.  

Article 18   The operating unit shall, in accordance with the national and industrial codes, equip the metro stations, trains and other rail transit operation areas with fire facilities, check, maintain and replace the fire facilities periodically, and ensure that the evacuation route and emergency exit are unblocked.

Article 19   The advertising facilities and commercial outlets set up by the operating unit in the metro stations shall meet requirements under the Regulations of Wuhan Municipality on the Advertising Management of Rail Transit Stations and Trains and the Regulations of Wuhan Municipality on Commercial Outlet Management of Rail Transit Stations, without endangering the rail transit safety.

Article 20   The people’ governments at the district level along the rail transit lines shall organize relevant departments to maintain the security order, traffic order and city appearance outside the water drip of rail transit stations and station buildings, so as to keep the evacuation exits unblocked in case of large or excessive passenger flows.

Article 21   The operating unit shall work out a safety plan for the extension or renovation of rail transit or the improvement of facilities, and submit it to the municipal rail transit operation management agency for the record. Where suspension of rail transit service or adjustment of service time is necessary, the operating unit shall report to the municipal competent department of transportation, and via media and broadcast of subway stations and trains, make it known to the public five days prior to its suspension or adjustment.  

In the event of suspension of rail transit service or adjustment of service time, the operating unit shall make arrangements appropriately to ensure the safety and convenience of passengers.

Article 22   The operating unit shall accept periodic checks on its rail transit safety, and take safety measures and work out special improvement plans against the safety risks found out by the municipal departments of work safety, transportation, public security, fire, water, etc.

Article 23   The operating unit shall, in accordance with the national and municipal provisions, organize safety trainings and assessments for its employees, so that the employees have adequate safety knowledge and safety management capability for rail transit service.

A train driver of the operation unit shall have a training mileage of not less than 5,000 kilometers and be inducted on the strength of a qualification certificate. Train dispatchers, controllers and attendants shall receive trainings on operation theories and skills and be inducted on the strength of a qualification certificate. 

Article 24   The attendants of the operating unit shall fulfill the following duties and responsibilities:  

(1) maintaining the order in metro stations, and guiding passengers to get on and off trains orderly;

(2) preventing or stopping any act that may cause danger, and if prevention or stopping does not works, reporting to the public security organs promptly;

(3) reporting potential accidents promptly; and

(4) guiding passengers to evacuate promptly in case of danger.

Train drivers of the operation unit shall fulfill the following duties and responsibilities:

(1) abiding by the safety regulations for train driving; and

(2) checking the passengers’ getting on and off trains, and ensuring the safe opening and closing of platform screen doors and train doors.

Article 25   Within the rail transit operation areas, beside the Regulations, the following provisions shall also be abided by:

(1) It is prohibited to beg, make a living as street entertainers, collect scraps, raise donations, do missionary work or give out promotional materials within the areas of subway stations, trains, exits or passageways;

(2) It is prohibited to carry hydrogen balloons, hacksaws, iron rods, bicycles (expect folding bicycles whose dimensions meet the requirements), motorized bicycles or carts, etc;

(3) It is prohibited to push or pull, horse around or go in a reverse direction on escalators, lean on or out of escalator rails, or block passageways such as staircases or ticket gates;                   

(4) It is prohibited to purposely damage rail transit facilities and equipment such as escalators, automatic ticket machines, public transportation card charging and checking machines, or video surveillance cameras.

 

Chapter Four   Emergency and Accident Management

Article 26   The municipal competent department of transportation shall, in accordance with the relevant laws and regulations as well as the overall emergency plan of this Municipality, work out an emergency plan and a drill plan for the rail transit operation of this Municipality, and before implementation, submit them to the Municipal People’s Government for approval. 

The operating unit shall work out an in-house rail transit emergency plan, and submit it to the municipal competent department of transportation for the record.

Article 27   The operating unit shall, as required by the emergency plan, establish an emergency rescue team, staff standby emergency rescuers, set up emergency repair and rescue stations, prepare rescue equipment and devices, reserve emergency rescue materials, and organize emergency rescue trainings and regular emergency drillings to improve its emergency response capacity.

Article 28   In the event of any emergency during rail transit operation, the operating unit shall initiate its emergency plan immediately, and meanwhile report to the Municipal People’s Government, the municipal public security organ and the municipal competent department of transportation.

The Municipal People’s Government shall, with consideration of the controllability, seriousness and scope of influence of an emergency, initiate the rail transit emergency plan of the corresponding level, and organize and direct the emergency disposal immediately so as to resume the rail transit operation as quickly as possible.

The relevant departments under the Municipal People’s Government, the people’s governments at the district level, as well as the power, telecommunications and water authorities shall provide emergency supply and emergency rescue in accordance with the rail transit emergency plan. In the event of any terrorist attack or public security emergency, the municipal public security organ shall initiate the corresponding anti-terrorist or public security emergency plan and deal with the emergency according to law. 

After completion of emergency disposal, the operating unit shall double check the involved rail transit facilities and equipment to ensure their being in good conditions.

Article 29   In the event of any natural disaster, severe meteorological condition, safety accident or other emergency that may seriously impact the rail transit safety, the operating unit may suspend operation of the involved rail line or section, organize evacuation of passengers, report to the municipal competent department of transportation, and make it known to the public.  

In the event of suspension of rail transit due to a major disaster such as earthquake or fire, the municipal competent department of transportation shall organize a safety check over rail transit, as well as expert verification or assessment by an entrusted professional agency. The operation shall resume only after the conditions for safe operation prove to be met. 

Article 30   In the event of a casualty accident during the rail transit operation, the operating unit shall, before handling the accident, rescue the injured first, remove obstacles and resume the operation promptly; no unit or individual shall impede the normal operation of rail transit.

In the event of a casualty accident, the operating unit shall well protect the scene and promptly report to the relevant departments as provided. The municipal departments of public security, work safety, transportation and health shall survey and check the scene and handle the accident according to law.

Article 31   In the event of an emergency that may affect the rail transit operation, the operating unit shall inform passengers of the relevant operation information via station and train broadcasting systems, notices or media, and evacuate and transfer passengers

Article 32   The operating unit shall be liable for damage compensation to the casualties that have entered the rail transit operation areas, except for those whose injury or death is caused by their own health conditions or caused by themselves deliberately.

Article 33   In the event of a surge of the passenger flow volume that may endanger the rail transit safety, the operating unit may adopt temporary measures to restrict the volume. If the operation safety cannot be ensured by such restriction, the operating unit may suspend the operation of several stations or the whole line, while the relevant departments of public security and city management shall cooperate in the evacuation of passengers and maintenance of order.

The operating unit shall, before restriction of the passenger flow volume or suspension of its operation, report to the municipal competent department of transportation promptly, and inform passengers of its decision via the station and train broadcasting systems, notices or media; if the rail transit cannot be resumed timely to a normal operation, the operating unit shall issue a certificate of delay to passengers, inform passengers of the procedures for ticket refund or rescheduling, and evacuate passengers orderly.

Article 34   The operating unit shall establish an incentive report mechanism to encourage the public to find out and report the potential risks endangering the rail transit safety, so as to promptly acquire the safety information.

 

Chapter Five   Legal Responsibilities

Article 35   Any act in violation of these Measures, the Regulations or other laws and regulations shall be dealt with by the relevant departments in accordance with the corresponding provisions.

Article 36   A construction unit or individual who, in violation of Article 12 or Article 13 of these Measures, carry out works within a safety protection zone without authorization, or fails to sign a safety agreement, or refuses to suspend the works that have endangered the rail transit safety or to take measures to eliminate the hazards, shall be warned by the relevant department of the people’s government at the district level and ordered to make corrections; if such act has caused a consequence endangering the rail transit safety, the relevant department of the people’s government at the district level shall order corrections and impose a fine of not less than RMB 50,000 but not more than RMB 100,000 on the involved construction unit or not less than RMB 10,000 but not more than RMB 30,000 on the involved individual.

Article 37   Whoever, in violation of Article 25 of these Measures, endangers the security order of rail transit operation shall be ordered to make corrections; those who refuse to make corrections shall be fined not less than RMB 50 but not more than RMB 200; if a serious consequence is caused, the municipal competent department of transportation and the municipal public security organ shall deal with the case in line of their respective responsibilities.

Article 38   With respect to any illegal act subject to the punishment by the municipal competent department of transportation in accordance with these Measures, the municipal competent department of transportation may entrust the municipal rail transit operation management agency to deal with the act on behalf.

Article 39   A unit engaged in security check who, in violation of the first paragraph of Article 17 of these Measures, fails to perform security checks as required shall be ordered by a public security organ to make corrections within a prescribed time limit; if it failed to make corrections within the prescribed time limit, it shall be punished according to provisions of the Regulations on the Administration of Security Service (Order No. 564 of the State Council) and the Regulations on Internal Security Control of Enterprises and Public Institutions (Order No. 421 of the State Council). 

Article 40   Where any functionary from a relevant department or a people’s government at the district level neglects duties, abuses power or engages in malpractices for personal gains, his/her responsibilities shall be investigated by his/her working unit or a superior competent department according to law; if any loss is caused, such offender shall assume compensation liability according to law; if a crime is constituted, the criminal responsibilities shall be investigated according to law.

 

Chapter Six   Supplementary Provisions

Article 41   These Measures shall come into force as of June 10, 2015.

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