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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PREVENTION AND PREPAREDNESS AND RESPONSE CHAPTER III REPORT OF RESPONSE INFORMATION CHAPTER IV RESPONSE AND HANDLING OF EPIDEMIC SITUATIONS CHAPTER V SAFEGUARD FOR TRAFFIC PREPAREDNESS AND RESPONSE CHAPTER VI EMERGENCY TRANSPORT CHAPTER VII INSPECTION AND SUPERVISION CHAPTER VIII LEGAL LIABILITIES CHAPTER IX SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. With a view to effectively preventing, timely controlling and eliminating the danger of public health emergencies, avoiding the transmission and spread of major infectious diseases through vehicles, vessels and the personnel in the vehicles and vessels, as well as goods, safeguarding the physical health and life security of passengers, ensuring the timely transport of materials for the provision of public health emergencies, and maintaining the normal social order, the present Provisions are hereby formulated in accordance with the relevant provisions of the Law of the People's Republic of China on Prophylaxis of Infectious Diseases, Measures for the Implementation of the Law of the People's Republic of China on Prophylaxis of Infectious Diseases, the Regulation on Preparedness and Response for Public Health Emergencies, and the Regulation on Domestic Traffic Sanitation and Quarantine. Article 2. The "public health emergencies" mentioned in the present Provisions (hereinafter referred to "emergencies") shall refer to the sudden outburst of a serious infectious disease, colonial disease of unknown causes, major alimentary or occupational toxicosis, which have caused or are likely to cause severe effect on the health of the general public, and other incidents that severely affect the health of the general public. The "major infectious diseases" mentioned in the present Provisions shall refer to the infectious diseases determined in accordance with the relevant provisions of the Regulation on Preparedness and Response for Public Health Emergencies. The "traffic sanitation and quarantine" mentioned in the present Provisions shall refer to the sanitation and quarantine, emergency sanitation disposal, emergency control, temporary quarantine, medical examination and quarantine, and other preparedness and response measures of prevention, control and disposal, which are conducted on vehicles and vessels, ports and stations, passengers, drivers and conductors, and ship's crews, as well as goods, etc., in accordance with the Regulation on Domestic Traffic Sanitation and Quarantine. The "patients of quarantinable infectious disease, and the suspected patients of quarantinable infectious disease" mentioned in the present Provisions, shall refer to the patients of quarantinable infectious diseases and the suspected patients of infectious disease determined and announced by the State Council. The "vehicles and vessels" mentioned in the present Provisions shall refer to the passenger cars and trucks undertaking road transport and passenger ships (including passenger ferries) and cargo ships undertaking water transport. The "ports and stations" mentioned in the present Provisions shall refer to the places where vehicles and vessels stop or berth, passengers get on or off, embark or disembark, goods are loaded or unloaded, including passenger depots, freight depots or stations, passenger berths, cargo berths, freight yards and warehouses of ports, etc.. The "personnel in the vehicles or vessels" shall refer to all the persons in the vehicles and vessels, including drivers and conductors of the vehicles, and crew members and passengers, etc.. Article 3. The principles of focusing on prevention, and being always on the alert shall be followed for the work of traffic preparedness and response for emergencies, and the principle of unified leadership, taking charge by different levels, rapid response, decisive measures, depending on science, and strengthening cooperation shall be implemented to ensure that there shall be no traffic interruption, no halt of passenger movement or flow of goods under the precondition of controlling the transmission and spread of sources of major infectious diseases. Article 4. The Ministry of Communications shall, according to its responsibility, be responsible for the work of traffic preparedness and response for emergencies of the whole country according to law. The competent administrative departments in charge of communications of the local people's governments at or above the county level shall, within the scope of functions of their own departments, be responsible for the work of traffic preparedness and response for emergencies within their own administrative regions. After the occurrence of an emergency, the competent administrative departments in charge of communications of the local people's governments at or above the county level shall set up headquarters for emergency preparedness and response, which shall be responsible for guiding and directing the work of traffic preparedness and response for the emergency. When the competent administrative departments in charge of communications of the local people's governments at or above the county level perform their duty of traffic preparedness and response for emergencies, they shall closely cooperate with the competent administrative departments of health of the people's governments at the corresponding level, and shall coordinate one another in action. Article 5. The competent administrative departments in charge of communications of the local people's governments at or above the county level shall establish and improve the responsibility system of traffic prevention and preparedness and response for emergencies to ensure the smoothly carrying out of the work of traffic preparedness and response for emergencies. Article 6. Any entity or individual shall have the right to report the acts of the competent administrative departments in charge of communications of the local people's governments at or above the county level, who fail to perform their duties of traffic preparedness and response for emergencies, or fail to perform their duties required, to their competent administrative departments in charge of communications of the superior local people's governments. The competent administrative departments in charge of communications of the local people's governments at or above the county level shall grant awards to the entities or individuals that make great contributions in reporting the emergencies occurred at the vehicles and vessels, or ports and stations, and in reporting the acts of derelict of duty for traffic preparedness and response for such emergencies. CHAPTER II PREVENTION AND PREPAREDNESS AND RESPONSE Article 7. The competent administrative departments in charge of communications of the people's governments at or above the county level shall formulate the traffic preparedness and response plan for emergencies in combination with the actual conditions of the communications of their own administrative regions or scope of jurisdiction. The business operators of road transport and those of water transport shall establish sanitation responsibility system in light of the relevant provisions, and make their own emergency preparedness and response plans. Article 8. The emergency traffic preparedness and response plans shall be made on the basis of the kind of the emergencies and the requirements for rapid response, and the opinions of the competent administrative departments of health of the people's governments at the corresponding level shall be solicited. The following main contents shall be included in the emergency traffic preparedness and response plans, which are made for the prevention and handling of emergencies of major infectious diseases: (1) The composition of the headquarters for the traffic preparedness and response for emergencies and the functions and duties of relevant institutions; (2) The preparedness and response plans for treating the patients of major infectious diseases, suspected patients of major infectious diseases, and the persons who are likely to be infected by the patients of major infectious diseases at the relevant vehicles and vessels, ports and stations; (3) The preparedness and response plans for handling the relevant vehicles and vessels, ports and stations being polluted, and the pollutants related to the emergencies; (4) Plans for transport of the relevant personnel group, epidemic prevention personnel, and the medical aid personnel relating to the emergencies; (5) Plans for transport of the relevant pharmaceuticals, equipment and appliances for medical treatment and rescue, and other materials for the emergencies; (6) The emergency preparedness and response plans for maintenance and administration of the relevant vehicles and vessels, ports and stations, roads, sea-routes, and locks; (7) The emergency preparedness and response plans for the collection, analysis, report, circulation of report, and publicity of the relevant traffic information; (8) The emergency preparedness and response plans for the reserve and dispatching of relevant materials and transport forces; (9) The execution institutions for emergency traffic preparedness and response and their tasks; (10) The traffic preparedness and response plans for organizing and training the personnel for handling the emergencies; (11) The plans for the inspection on and supervision over the work of traffic preparedness and response for emergencies; and (12) Other relevant plans for the work of emergency traffic preparedness and response. The traffic preparedness and response plans for emergencies, which are made for the prevention and handling of other emergencies shall include the contents of the preceding paragraph of the present Article, though the provisions of items (2), (3), and (8) shall be excluded, and shall include the preparedness and response plans for the reserve and dispatching of the traffic facilities and equipment, and other relevant materials for the emergencies. The traffic preparedness and response plan for emergencies shall be amended and supplemented in time according to the issues encountered in the change of the emergencies and implementation of the plan. Article 9. The competent administrative departments in charge of communications of the people's governments at or above the county level shall, according to the requirements of the traffic preparedness and response plans for emergencies, ensure the transport forces for traffic response for emergencies and the relevant reserve of materials. Article 10. Business operators of road transport and those of water transport shall, according to the relevant state provisions, keep good sanitary conditions for passenger cars, passenger ships, and passenger depots or stations, and eliminate the insects and rats that can transmit an infection and the dangers of other infected animals at the vehicles and vessels or ports and stations. Article 11. The competent administrative departments in charge of communications of the people's governments at or above the county level shall carry out the publicity and education on the knowledge of traffic preparedness and response for emergencies to improve the awareness of the practicing personnel in the road and water transport and of the passengers for prevention of and the ability to handle the emergencies. Article 12. Where an emergency occurs in the vehicles and vessels or ports and stations, the competent administrative departments in charge of communications of the people's governments at or above the county level shall assist the competent administrative departments of health of the people's governments at the corresponding level to organize experts to make a comprehensive evaluation on the emergency, and make a preliminary judgment on the type of the emergency, and put forward suggestions to the people's governments at or above the provincial level according to the relevant provisions on whether to initiate the emergency preparedness and response plan. Article 13. Where after the State Council or the people's governments at the provincial level have decided to initiate the emergency preparedness and response plans, the competent administrative department in charge of communications of the people's governments at or above the county level at the place where the emergencies occur shall, according to the type of the emergencies, initiate the corresponding traffic preparedness and response plans for emergencies at once, and announce to the general public the relevant traffic preparedness and response plans for emergencies. CHAPTER III REPORT OF RESPONSE INFORMATION Article 14. The competent administrative departments in charge of communications of the people's governments at or above the county level shall establish watch-keeping system of emergency traffic preparedness and response, emergency response report system, and emergency response prosecution system, and publicize the unified telephone number for report and prosecution of emergencies to ensure that the traffic response information on emergencies shall be unblocked. Article 15. The competent administrative departments in charge of communications of the people's governments at or above the county level shall report the following relevant information on emergencies according to the relevant provisions to the competent administrative departments in charge of communications of the superior people's governments: (1) The actual occurrence of the emergencies; (2) Information on the prevention, control and handling of the emergencies; (3) Information on the transport of materials for the emergencies; (4) Information on ensuring that the traffic shall be unblocked; and (5) Other relevant information on response to the emergencies. The business operators of road transport and those of water transport shall, according to the relevant provisions, report the relevant information on the prevention, control and handling of the emergencies and the transport of emergency materials to the competent administrative departments in charge of communications and the competent administrative departments of health of the people's governments at or above the county level. Article 16. The competent administrative departments in charge of communications of the people's governments at or above the county level shall, within one hour after receiving the relevant report on the emergencies, report to the competent administrative departments in charge of communications of the superior people's governments and the competent administrative departments of health of the people's governments at the corresponding level, and according to the requirements of the competent administrative departments of health, take relevant prevention and control measures at once, and assist the competent administrative departments of health of the people's government at the corresponding level to organize the relevant personnel to investigate and verify and confirm the reported matters, and take necessary control measures. The competent administrative departments in charge of communications of the people's governments at or above the county level at the place where the emergencies occur shall, within two hours after finishing the preliminary investigation for the first time, report the relevant investigation conditions to the competent administrative departments in charge of communications of the superior people's government. The competent administrative departments in charge of communications of the superior people's governments shall, within one hour after receiving the relevant report of competent administrative departments in charge of communications of the people's governments at the lower level on emergencies, report to the direct competent administrative departments in charge of communications of their superior people's governments. The competent administrative departments in charge of communications of the people's governments at or above the county level at the place where the emergencies occur shall, circulate a report on the relevant emergency information in time to the competent administrative departments in charge of communications of the people's governments at or above the county level, which are adjacent to it and those at other relevant places. Article 17. No entity or individual may disguise or delay the report, give false report or secretly instruct others to disguise or delay the report or give false report on the relevant emergencies and the traffic preparedness and response to the emergencies. CHAPTER IV RESPONSE AND HANDLING OF EPIDEMIC SITUATIONS Article 18. Where after the occurrence of a major infectious disease, the competent administrative departments in charge of communications of the people's governments at or above the county level shall, according to the decisions of the people's governments at the provincial level on determination of the quarantine epidemic-stricken area, and on the implementation of traffic preparedness and response for vehicles entry and exit of the quarantine epidemic-stricken area and the personnel in the vehicles and vessels, as well as the materials thereof, establish traffic sanitation and quarantine stations or quarantine and examination stations, and carry out traffic sanitation and quarantine according to law at the passenger depots or stations, passenger ferries and intersections with the administrative departments of health of the people's governments at the corresponding level. Article 19. Where after the occurrence of a major infectious disease, the competent administrative departments in charge of communications of the people's governments at or above the county level shall timely inform the relevant business operators of road transport and those of water transport of the relevant epidemic situation, which is circulated and reported by the competent administrative departments of health of the people's governments at or above the county level. The competent administrative departments in charge of communications of the people's governments at or above the county level shall, together with the competent administrative departments of health of the people's governments at the corresponding level, make corresponding publicity to and educate the operators of road transport and those of water transport and the personnel in the vehicles and vessels on the basic knowledge of pubic health and epidemic prevention in time. Article 20. Where after the occurrence of a major infectious disease, the business operators of road transport and those of water transport shall sterilize the vehicles and vessels, ports and stations, and goods required or make other necessary sanitation disposal. They shall not be put into operation or undertake transport until they have passed the quarantine of the institutions for disease prevention and control under the competent administrative departments of health of the local people's governments at or above the county level, and received the Certificate of Conformity for Traffic Sanitation and Quarantine. The printing, issuance and use of the Certificate of Conformity for Traffic Sanitation and Quarantine shall be carried out in accordance with the relevant provisions of the Plans for Implementation of the Regulation on Domestic Traffic Sanitation and Quarantine, which were promulgated jointly by the Ministry of Communications and the Ministry of Health, and the relevant administrative departments of the State Council. Article 21. Where after the occurrence of a major infectious disease, the business operators of road passenger transport and those of water passenger transport shall organize the health examination on the drivers, conductors, and the ship's crew, and shall not arrange those who have the quarantine symptoms to get on the bus or embark. Article 22. Where after the occurrence of a major infectious disease, the business operators of road transport and those of water transport shall post the relevant publicity materials concerning the prevention and control of epidemic diseases at the eye-catching places of the vehicles and vessels, and other business places, and remind the passengers not to get on the vehicles or vessels that haven't obtained the Certificate of Conformity for Traffic Sanitation and Quarantine or the qualification of a business operator of road passenger transport or that of water passenger transport, and not to carry or consign the luggage and goods having been infected by the contagious disease. Where after the occurrence of a major infectious disease, the passenger cars and passenger ships shall let the passengers get on and get off or embark and disembark at the passenger depots or stations or passenger ferries approved according to law and which conform to the emergency traffic preparedness and response plans. Article 23. Where after the occurrence of a major infectious disease, the passengers shall, when buying tickets or ship tickets, fill out the Passenger Health Declaration Card formulated uniformly by the Ministry of Communications together with the relevant departments. In case the passengers really have difficulty in filling it out, the staff members of the ports or stations shall help them fill it out. When selling passenger tickets, the passenger depots or stations shall verify all the facts on the Passenger Health Declaration Card. To the passengers who fail to fill out the Passenger Health Declaration Card required, the passenger depots or stations shall not sell tickets. Where the passengers need to embark and disembark or get on and off on the way, the passenger cars and ships shall enter into the transferring passenger depots or stations, and the passengers who got on the vehicles or ships from the starting depots or stations shall not be required to fill out the Passenger Health Declaration Card once again. Article 24. Where after the occurrence of a major infectious disease, passengers who are to take vehicles or vessels shall accept traffic sanitation and quarantine. If, after the preliminary examination, they are proved to be the patients of quarantinable infectious disease, suspected patients of quarantinable infectious disease, and patients who are likely to be infected with the quarantinable infectious disease, or the patients of infectious disease, or suspected patients of infectious disease and those who have close contacts with them, against whom the emergency control measures should be taken prescribed by the administrative department of health of the State Council, they shall also accept the temporary quarantine, medical examination or other medical measures for meeting the emergency carried out by the quarantine and examination station or the institutions for disease prevention and control under the competent administrative departments of health. The passenger depots or stations shall carefully check the Passenger Health Declaration Card and tickets, and shall not let those failing to fill out the Passenger Health Declaration Cards get on the passenger cars or ships, and explain the reasons to them. Article 25. Where after the occurrence of a major infectious disease, the passenger depots or stations shall hand in the Passenger Health Declaration Cards to the drivers or captains or conductors or stewards of the vehicles or vessels the passengers got on in light of the train number or flight number. After arriving at the passenger depots or stations of final destination, the drivers, captains or conductors or stewards shall hand in the Passenger Health Declaration Cards to the passenger depots or stations of final destination for keeping. Where passengers get off the vehicles at the transferring passenger depots or stations, the drivers, captains or conductors or stewards of the vehicles or vessels shall hand in the Passenger Health Declaration Cards of those passengers to the transferring passenger depots or stations for keeping. Article 26. In case such patients are found in vehicles and vessels as the patients of quarantinable infectious disease or suspected patients of quarantinable infectious disease, patients who are likely to be infected with the quarantinable infectious disease, and the patients of infectious disease, suspected patients of infectious disease and those having close contact with them, against whom emergency control measures need to be taken prescribed by the competent administrative department of health of the State Council, the drivers or captains shall organize the relevant personnel to take the following temporary measures according to law: (1) Notifying the next berth or stop, and reporting to the owners or business operators of the vehicles or vessels and the starting passenger depots or stations; (2) Carrying out emergency sanitation disposal and temporary quarantine on the patients of quarantinable infectious disease, suspected patients of quarantinable infectious disease, patients who are likely to be infected with the quarantinable infectious disease, and other patients of major infectious disease, suspected patients of major infectious disease and patients who are likely to be infected with the major infectious disease, as well as those having close contact with them determined by the competent administrative department of health of the State Council; (3) Closing down the areas that have been polluted or may be polluted, and no pollutants may be drained outside; (4) Driving the vehicles or vessels to the designated berths or bus stops quickly, and submit the Passenger Health Declaration Cards and the name lists of the personnel in the vehicles and vessels to the competent administrative departments in charge of communications of the local people's governments at or above the county level; and (5) Sanitation disposal shall be carried out on the vehicles and vessels having carried the patients of quarantinable infectious disease, suspected patients of quarantinable infectious disease, patients who are likely to be infected with the quarantinable infectious disease, and the patients of major infectious disease, suspected patients of major infectious disease and patients who are likely to be infected with the major infectious disease and those having close contact with them determined by the competent administrative department of health of the State Council, and on the places of berth or stop that may be polluted. After receiving the relevant report, the next station or berth of vehicles or vessels, owners or business operators thereof and the starting passenger depots or stations shall immediately report to the competent administrative departments in charge of communications and the competent administrative departments of health of the local people's governments at or above the county level. After receiving the report, the competent administrative departments in charge of communications of the people's governments at or above the county level shall, together with the competent administrative departments of health of the people's government at the corresponding level, immediately organize the relevant personnel to go to the site, and take corresponding measures for traffic sanitation and quarantine. Article 27. The competent administrative departments in charge of communications of the people's governments at or above the county level shall, when finding out that the running vehicles or steaming vessels carry patients such as the patients of quarantinable infectious disease or suspected patients of quarantinable infectious disease, patients who are likely to be infected with the quarantinable infectious disease, and the patients of infectious disease, suspected patients of infectious disease and those having close contact with them, against whom emergency control measures shall be taken as prescribed by the competent administrative department of health of the State Council, inform the owners or business operators of the passenger cars or ships immediately, and circulate a report to the competent administrative departments in charge of communications of the people's governments at or above the level of the counties along the running routes of the vehicles or vessels. Article 28. If any vehicles and vessels, ports and stations, and other places of berths or stops, personnel in the vehicles and vessels, and goods transported refuse to accept the traffic sanitation and quarantine and may transmit quarantinable infectious disease, the competent administrative departments in charge of communications of the local people's governments at or above the county level shall assist the competent administrative departments of health, and take measures according to law for compulsive sterilization or take other necessary traffic sanitation and quarantine measures. Article 29. Where after the occurrence of a major infectious disease, the competent administrative departments in charge of communications of the people's governments at or above the county level find out that the vehicles and vessels have ever carried the patients of quarantinable infectious disease or suspected patients of quarantinable infectious disease, patients who are likely to be infected with the quarantinable infectious disease, and the patients of infectious disease, suspected patients of infectious disease and those having close contact with them, against whom emergency control measures need to be taken as prescribed by the competent administrative department of health of the State Council, they shall immediately send the relevant Passenger Health Declaration Cards to the competent administrative departments of health or the institutions for disease prevention and control designated by them. Article 30. The staff members taking part in the traffic response and handling of major infectious diseases shall, according to the requirements of the emergency traffic preparedness and response plans, take measures of health safeguard, and shall work under the guidance of the professional health officers. CHAPTER V SAFEGUARD FOR TRAFFIC PREPAREDNESS AND RESPONSE Article 31. After the initiation of the emergency traffic preparedness and response plans, the competent administrative departments in charge of communications of the people's governments at or above the county level shall strengthen the maintenance, checking and repairing of the vehicles and vessels, ports and stations, roads, sea-routes, locks, and ferries, so as to ensure that they shall be in good technical status. No entity or individual may interrupt traffic in any ways unless there are necessities to cut the ways of transmission of quarantinable infectious disease or due to other legal reasons and the traffic may be interrupted according to legal procedures. Where the competent administrative departments in charge of communications of the people's governments at or above the county level find that the traffic is interrupted or the emergency transport is blocked, they shall immediately report to the competent administrative departments in charge of communications of the superior people's governments and the local people's governments, and take measures to resume the traffic. If it is difficult to resume traffic, they shall report to the local people's governments to resolve, or refer to the competent administrative departments in charge of communications of the superior people's governments to assist in resolution. Article 32. Where patients such as the patients of quarantinable infectious disease, suspected patients of quarantinable infectious disease, patients who are likely to be infected with the quarantinable infectious disease, and the patients of infectious disease, suspected patients of infectious disease and those having close contact with them, against whom emergency control measures shall be taken as prescribed by the competent administrative department of health of the State Council, are found on the running vessels in non-quarantine epidemic-stricken areas, the competent administrative departments in charge of communications of the people's governments at or above the county level shall assist the competent administrative departments of health of the people's governments at the corresponding level to determine to conduct traffic sanitation and quarantine on the vehicles and the personnel in the vehicles, and the goods according to law. Where patients such as the patients of quarantinable infectious disease, suspected patients of quarantinable infectious disease, patients who are likely to be infected with the quarantinable infectious disease, and the patients of infectious disease, suspected patients of infectious disease and those having close contact with them, against whom emergency control measures shall be taken as prescribed by the competent administrative department of health of the State Council, are found on the running vessels in non-quarantine epidemic-stricken areas, the maritime administrative institutions shall assist the competent administrative departments of health at the corresponding level to carry out traffic sanitation and quarantine according to law on the vessels and the personnel in them, and the goods. Where patients such as the patients of quarantinable infectious disease, suspected patients of quarantinable infectious disease, patients who are likely to be infected with the quarantinable infectious disease, and the patients of infectious disease, suspected patients of infectious disease and those having close contact with them, against whom emergency control measures shall be taken as prescribed by the competent administrative department of health of the State Council, are found on the vessels running at different provinces, autonomous regions, and municipalities directly under the Central Governments in non-quarantine epidemic-stricken areas, the Ministry of Communications shall, together with the Ministry of Health, decide to carry out traffic sanitation and quarantine, and order the vessels not to berth or pass the ports. In case the traffic in the trunk line is interrupted due to the carrying out of sanitation and quarantine, it shall be reported to the State Council for approval. CHAPTER VI EMERGENCY TRANSPORT Article 33. After the occurrence of an emergency, the competent administrative departments in charge of communications of the local people's governments at or above the county level shall take measures to ensure the timely transport of colonial personnel, personnel for epidemic prevention, and medical personnel who are needed for emergency preparedness and response, and the timely transport of pharmaceuticals for medical treatment and sterilization, medical treatment and rescue facilities and equipment, and other emergency materials needed for emergency preparedness and response. Article 34. The epidemic prevention personnel and medical treatment personnel who are responsible for handling the emergencies according to law may purchase in priority the tickets upon the strength of the relevant certificates and their effective identity certificates issued by the competent administrative departments of health of the people's governments at or above the county level. The business operators of road transport and those of water transport shall ensure that these personnel can buy the nearest tickets to the destination. Article 35. The competent administrative departments in charge of communications of the people's governments at or above the county level shall, according to the order of the headquarters for emergency preparedness and response of the people's governments at or above the county level, assist in the urgent transfer of the relevant personnel, vehicles and vessels, and the relevant facilities and equipment. The entities and individuals transferred shall ensure the completion of the task for transporting the relevant personnel and the emergency materials, and shall not delay or refuse to do so. Article 36. The vehicles and vessels needed for undertaking the emergency preparedness and response shall have the Emergency Transport Pass. If the emergency materials are transported through different provinces, the Emergency Transport Pass printed by the Ministry of Communications uniformly shall be used. If the emergency materials are transported within a province, the Emergency Transport Pass printed uniformly by the competent administrative department in charge of communications at the provincial level shall be used. The vehicles and vessels using the Emergency Transport Pass shall be exempted from paying tolls of vehicles, and fees for passing the brake of vessels according to the relevant state provisions, and shall pass in priority. The Emergency Transport Pass shall be printed, issued and used in accordance with the relevant provisions of the Ministry of Communications. Article 37. The business operators of road transport and those of water transport undertaking the emergency transport task of preparedness and response to major infectious diseases shall abide by the following provisions: (1) Washing, sterilizing or making other sanitary treatment on the vehicles and vessels before loading and unloading the goods as required; (2) The relevant transport personnel shall accept health examination and the relevant training on safeguard knowledge before transport, and shall be equipped with corresponding safeguard appliances; (3) Ensuring that the drivers can have good rest and may not drive in fatigue; (4) Strict safeguard measures shall be taken before the vehicles and vessels and the personnel enter the epidemic-stricken areas. After leaving the epidemic-stricken areas, the vehicles and vessels and the personnel shall be sterilized at once or other necessary sanitary treatment measures shall be taken; and (5) The Emergency Transport Pass shall be returned after the emergency transport task is finished. And health examinations shall be conducted on the transport personnel, and rest and observation shall be arranged for them accordingly. Article 38. Where after the occurrence of a major infectious disease, health examination shall be conducted beforehand on the pilotage personnel or tally clerks who embark to make pilotage or tally. And effective safeguard measures shall be taken accordingly. They shall also show their health conformity certificates voluntarily when embarking. CHAPTER VII INSPECTION AND SUPERVISION Article 39. The competent administrative departments in charge of communications of the people' s governments at or above the county level shall strengthen guidance to, supervision over and inspection on the work of emergency traffic preparedness and response within their own administrative regions. The competent administrative departments in charge of communications of the people's governments at the lower level shall cooperate with the competent administrative departments of the superior people's governments for their making guidance to and supervision over and inspection on the work of emergency traffic preparedness and response. Article 40. The staff members of the competent administrative departments in charge of communications of the local people's governments at or above the county level shall, when assisting in or conducting traffic sanitation and quarantine, have with them the certificates, wear symbols, serve the people warm-heartedly, and enforce laws justly. All the entities and individuals shall cooperate with them and shall not obstruct them. Article 41. The competent administrative departments in charge of communications of the people's governments at or above the county level shall strengthen supervision over and inspection on the use of the "Certificate of Conformity of Traffic Sanitation and Quarantine" and the "Passenger Health Declaration Card", and shall discharge at once the vehicles and vessels that have used the "Certificate of Conformity of Traffic Sanitation and Quarantine" and the "Passenger Health Declaration Card" prescribed. No entity or individual shall print, forge, alter, lease, or transfer without authorization the "Certificate of Conformity of Traffic Sanitation and Quarantine" and the "Passenger Health Declaration Card". No entity or individual may use the "Certificate of Conformity of Traffic Sanitation and Quarantine" and the "Passenger Health Declaration Card" which are printed, forged, altered, leased or transferred without authorization. CHAPTER VIII LEGAL LIABILITIES Article 42. In case the competent administrative departments in charge of communications of the local people's governments at or above the county level violate the present Provisions and have any of the following acts, an administrative punishment shall be imposed on their main responsible person according to law: (1) Failing to perform duties of report according to the present Provisions, and disguising, delaying reporting or making false report of the emergencies or instruct others to disguise, delay reporting or make false report; (2) Failing to organize the transport of emergency materials required for completing the emergency preparedness and response according to the present Provisions; or (3) Failing to cooperate with the competent administrative departments in charge of communications of the people's governments at the upper level for their making relevant investigation, or taking other ways to obstruct or interfere with the investigation. In case the competent administrative departments in charge of communications of the people's governments at or above the county level violate the relevant provisions, which leads to the transmission and spread of an infectious disease, or results in other serious harmful consequences to the health of the general public, an administrative punishment of dismission shall be imposed upon the main responsible person in charge and other person liable according to law. If a crime is committed, criminal liabilities shall be prosecuted for according to law. Article 43. In case the competent administrative departments in charge of communications of the people's governments at or above the county level violate the present Provisions, and have any of the following acts, the competent administrative departments in charge of communications of the superior people's governments shall order them to correct, circulate a criticism, or give warnings; or impose administrative punishments such as the demotion or dismission of post on the main responsible person or the person-in-charge who is liable and other persons liable according to law: (1) Being negligent of duty, in breach of duty, in derelict of duty in the work of making investigation into and control of the emergencies; or (2) Refusing to perform duties of emergency traffic preparedness and response. Article 44. In case the business operators of road transport or those of water transport violate the present Provisions, and fail to take corresponding measures against the patients of quarantinable infectious disease, or suspected patients of quarantinable infectious disease they find in the vehicles or vessels in accordance with the relevant provisions, the competent administrative departments of health of the local people's governments at or above the county level shall order them to correct, give them warnings and impose a fine of RMB 1,000 Yuan up to RMB 5,000 Yuan. Article 45. If the patients of quarantinable infectious disease, suspected patients of quarantinable infectious disease and those having close contact with them conceal facts to evade the traffic sanitation and quarantine, the competent administrative departments of health of the local people's governments at or above the county level shall order them to correct within a prescribed time limit, give them warnings, and may impose a fine of less than 1,000 Yuan concurrently. If they refuse to accept the traffic sanitation and quarantine and necessary sanitary disposal, they shall be given warnings and imposed upon a fine of RMB 1,000 Yuan up to RMB 5,000 Yuan. Article 46. Where after the occurrence of an emergency, anyone who has not obtained the respective qualification of business operation of transport undertakes road transport or water transport without permission, or has any other act in violation of the relevant provisions on management of road transport or water transport, a heavier administrative punishment shall be imposed on it/him in accordance with the relevant provisions of laws and regulations on road transport or water transport. CHAPTER IX SUPPLEMENTARY PROVISIONS Article 47. The traffic preparedness and response plans for colonial disease of unknown causes shall be implemented by referring to the traffic preparedness and response plans for major infectious diseases. Article 48. The present Provisions shall come into force as of May 1, 2004. |
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