Laws & Regulations
Shanghai Rail Transit Safety Management Measures
2013-11-25 16:19:38 Source:Website Editor

(Order of Shanghai Municipality People's Government No. 22)

"Shanghai Rail Transit Safety Management Measures” was approved during 62nd Standing Meeting of Shanghai People's Government on November 23, 2009. It is hereby enacted and shall be effective from March 1, 2010.

Mayor: Han Zheng

December 9, 2009

Shanghai Rail Transit Safety Management Measures

(Order of Shanghai People's Government No. 22 enacted on December 9, 2009)

Chapter I General Provisions

Article 1 Purpose and Basis

To strengthen rail transit safety management, guarantee operation safety and protect passengers’ legitimate rights and interests, we hereby develop the Measures based on related laws and regulations such as “Law of the People's Republic of China on Work Safety" and "Regulations of Shanghai Municipality on Rail Transit Management " (hereinafter referred to as the "Regulations"), as well as the actual situations in Shanghai,.

Article 2 Application Scope

The Measures shall be applicable to the rail transit safety and its related management.

Article 3 Regulators

Supervising organizations on work safety would implement comprehensive supervision and management to the rail transit operation in accordance with relevant national regulations.

Transportation administration department shall, within its duty scope, be responsible for supervision and management of rail transit operation in accordance with the Measures. Its affiliated transportation organization shall be responsible for the daily supervision of rail transit safety.

Other administrative departments such as development and reform, construction, public safety, and district (county) governments shall, within their own duty scopes, implement the Measures in.

Article 4 Operation Unit

The rail transit operation unit (hereinafter referred to as “operation unit”) shall conduct daily operation safety management in their own operation range, establish rail transit operation safety control system, develop and implement relevant rules and regulations so as to ensure rail transit safety.

Chapter II Management on Safety Facilities and Protected Area

Article 5 Operation Safety Requirements on Construction Unit

The construction unit of rail transit project (hereinafter referred to as the “construction unit”) shall develop rail transit safety monitoring and rescue system during the construction, and ensure the system functions could meet the demands of safety operation.

When the project is accepted, the construction unit shall submit the as-built drawing of the floor plan of railway lines to transportation administration department for recording.

Article 6 Safety Facility

Operation unit shall deploy the following safety facilities and equipments in station and carriages in accordance with national and municipal standards on rail transit safety facilities and equipment:

(1) Emergency facilities and equipment such as alarm, fire-fighting, escape, flood-control, anti-explosion, emergency lighting, emergency communications and emergency guidance systems;

(2) Signs for safety, fire-fighting and evacuation guides;

(3) Video monitoring system.

The safety facilities and equipment passengers would use in emergency shall have clear labels indicating use conditions and operation method.

Article 7 Maintenance and Rectification

Operation unit shall carry out routine maintenance and inspection to safety facilities and equipment, carry out safety evaluation in accordance with "Rail Transit Operation Safety Evaluation Standard" to ensure the facilities and equipments are in good conditions.

For safety facilities, equipments with changed specification standards, the operation unit shall carry out immediate adjustment accordingly.

For safety facilities and equipments that could not meet the actual needs, operation unit shall adjust the existing safety facilities and equipments in accordance with the requirements of the transportation authorities in a timely manner.

Article 8 Safety Zone

When rail transit project is initiated, transportation administration department shall define the detailed scope of safety zone in accordance with Article 30 in the Regulations, and inform planning, housing and other relevant administrative departments.

Planning, housing and relevant administrators shall inform construction units that need to carry out operations prescribed in Article 31 in Regulations within the safety zone to go through formalities in transportation administrations for approval.

Article 9 Operation Management in Safety Zone

After obtaining construction permit, the construction unit shall implement safety management in safety zone defined in the rail transit project.

Work units shall carry out the construction according to the time offset in the construction plan which was approved by the municipal transportation department and take appropriate safety measures. If the work units fail to start the construction in time, it shall repeat the formalities for approval from transportation administrations.

The construction unit or operation unit shall develop safety supervision plan for the operation of the work unit in the safety area and conduct routine supervision to operation safety.

Article 10 Construction Management Outside Safety Zone

For construction outside Safety Zone, construction unit must conduct necessary precautions if the construction equipments could reach or contact the ground station, elevated station and the rail, ensuring the safe operation of the rail transit, and the construction unit shall inform the operation unit in written form.

Operation unit shall send personnel to have safety inspections on the construction site. If there are no safety precautions or the construction could endanger the rail transit safety, the operation unit shall require the construction unit to cease immediately, and take appropriate safety measures and report it to transportation department immediately.

Chapter III Safety Operation Management

Article 11 Identification of Basic Operating Conditions

If the rail transit project needs trial operation after it is finished, the operation unit shall apply for the basic operating conditions identification to transportation administration department, and the transportation administration department shall start basic operating conditions identification within 30 working days from the application date.

Project that meets the basic operation conditions could start trial operation after being approved by Shanghai Municipal Government; for project that fails to meet basic operation conditions, transportation administration department shall inform construction units or operation units problems of the project and require it to make improvements in given time.

The detailed requirements of basic operation conditions shall be developed by transportation administration department, development and reform commission, construction administration management departments.

Article 12 Qualification Requirement

Operation unit shall train and test its staff to ensure they are equipped with safety knowledge and management ability of rail transit in accordance with national and municipal regulations.

Train drivers of operation units shall receive driving training of no less than 5,000 km and shall pass test to gain certificates before start driving. Dispatchers and train attendants shall receive trainings no less than 300 hours, and shall pass test to gain certificates before start working.

Article 13 Staff’s Safety Responsibilities

Operation unit station’s staff shall perform the following duties:

(1) Maintain order in the station to guide passengers to be on/off board in good order;

(2) Guide passengers to evacuate in time when sudden accidents occur;

(3) Dissuade and deter passengers to conduct behaviors with potential danger, and send passengers who refuse to take advices to the police;

(4) Report potential threats immediately once they are discovered.

Train drivers of operation units shall perform the following duties:

(1) Follow safety procedures for driving;

(2) Monitor passengers when they are on/off board to ensure the platform screening door and the train’s door would open and close safely.

Article 14 Passengers’ Requirement

Passengers shall obey prescriptions in the Regulations and Code for Rail Transit Passengers as well as the following provisions:

(1) Shall not bring articles that exceed the given size on board;

(2) Shall not bring bicycles (including folding bike) on board;

(3) Shall not bring pets (include cats, dogs etc.) to station and on board;

(4) Shall not use skateboards, roller skates and other equipments in station and carriage.

Operation units shall strengthen the management of order in station. The operation unit could refuse to let passengers who violate the provisions mentioned above to enter the station. If passengers refuse to obey the provisions, the operation unit could send them to the police.

Article 15 Safety Checks

Passengers are not allowed to bring flammable, explosive, toxic, radioactive, erosive articles and items and other dangerous articles and items that could threat the safety of life and property into the station and be on board. The list of dangerous articles and items shall be determined by operation unit and posted, displayed in the station.

Operation unit shall deploy safety check equipments and trained security personnel in stations in accordance with relevant provisions and standards, and carried out safety checks to articles and items brought by passengers according to related provisions.

Passengers shall accept and cooperate with safety checks; if they refuse, the operation unit shall refuse them to enter or to be on board.

Safety measures shall be adopted once dangerous articles and items are detected and operation unit shall report to the police in accordance with relevant provisions.

When safety inspectors enforce safety checks, they shall wear safety inspection certificate; if they do not wear safety inspection certificate to inspect, the passenger is entitled to refuse the inspection.

Individuals other than passengers shall obey this provision when enter into station and be on board.

Article 16 Management of Advertising Facilities, Commercial Outlets

The advertising facilities and commercial outlets in station shall not affect the operation safety.

Apart from commercial outlets and auto-vendors determined in the layout plan of the station, no other commercial outlets are allowed in the entrance, exit and passage of the station.

Operation units shall strengthen safety checks to advertising facilities and commercial outlets. The materials used in advertising facilities and commercial outlets shall be flame retardant and comply with prescriptions in laws and regulations of fire protection laws, as well as technical specifications.

Apart from emergencies, advertising facilities and commercial outlets shall be set up or maintained during non-operation hours.

Article 17 Reconstruction, Expansion and Operation Suspension

If operation unit needs to reduce operation time or suspend the operation due to reconstruction, expansion or renovation, it shall develop safety precaution plan and submit it to transportation department for recording. The operation shall inform passengers the adjustment 10 days beforehand through the broadcasting system, notice boards or media.

For operation units that need to reduce operation time or suspend the operation, transportation administration departments shall make arrangements to ensure passengers’ convenience and safety.

Article 18 Rectification

The operation units shall strengthen operation safety to eliminate potential hazards in time; for those that could not be eliminated in time, operation units shall take safety measures and develop specific rectification program.

Operation unit shall report safety measures and special rectification program to the municipal transportation department for the record.

Article 19 Delegated Administration

If the operation unit entrusts projects or facilities, equipments related to the operation safety to other units, the unit shall have relevant qualities to take over the management.

Operation units shall coordinate the operation safety work and undertake relevant responsibilities.

Article 20 Supervision and Inspection

Departments of work safety and transportation shall conduct supervision and inspection to operation safety of rail transit.

During the inspection, the time, location, content, problems detected and treatment shall be recorded.

Inspectors shall show licenses before inspection, and shall not interfere with normal operation.

Chapter IV Emergency and Accident Handling

Article 21 Preparation of Contingency Plan

Departments of work safety, transportation, and public security shall, according to laws and regulations as well as Shanghai’s contingency plans against emergency, develop contingency plans within their own scope and submit to municipal government for recoding.

The operation unit shall develop their specific contingency plan based on the general version and submit to transportation department for recording.

Article 22 Emergency

For emergencies in rail transit that meet the requirements of launching contingency plan, transportation department shall launch the plan according to relevant regulations; administration departments and operation units shall handle emergencies in accordance with national, municipal regulations and contingency plan.

When emergency is properly handled, operation unit shall conduct safety inspection to facilities and equipments to ensure they are in good conditions.

Article 23 Accident Handling

Operation unit shall set up rescue sites at proper locations and deploy rescue workers.

If safety accident occurs during operation, operation units shall organize rescue according to handling requirements to reduce injuries and loss of properties.

If safety accidents interfere with the normal operation, operation unit shall inform passengers via broadcasting, notice and media and transfer passengers to safe places. Administration departments shall come to the site to handle the accidents so as to recover the operation as soon as possible.

Transportation administration department shall develop regulations on handling the operation safety accidents.

Article 24 Limit Passenger Crowding and Operation Suspension

For situations threatening the operation safety such as surge of number of passengers, operation units could adopt temporary measures to limit passenger crowding to ensure operation safety.

When limit passenger crowding could not ensure operation safety, operation unit could suspend part of or all operation of a section and report to transportation department immediately.

If operation unit limit passenger crowding or suspend the operation, it shall inform passengers via broadcasting, notice or media; if the rail transit could not be recovered in time, operation unit shall provide delay certificate, informing the details of refunding or renew of the ticket, and help to evacuate passengers.

Article 25 Reporting

For rail transit that delay for over 15 min, operation unit shall report to transportation department immediately and submit delay reasons and handling measures in written form with 3 days after the operation is recovered.

Chapter V Legal Liability

Article 26 Penalties for Construction Units

For construction units that violate Article 5, paragraph 2, that is, fail to submit for recording, transportation department shall require them to rectify in a given time, and if no there is no rectification, construction units shall be fined for more than RMB1,000 to less than RMB3,000.

Article 27 Penalties for Operation units

For operation units that violate provisions herein, transportation department shall penalize as follows:

(1) For operation units that violate Article 6 or Article 23, paragraph 1, that is, fail to setup safety facilities or rescue sites and workers, transportation department shall require them to rectify in a given time; and if no there is no rectification, construction units shall be fined for more than RMB10,000 to less than RMB30,000.

(2) For operation units that violate Article 13, that is, fail to perform safety duties, transportation department shall issue warnings and operation units shall be fined for more than RMB3,000 to less than RMB10,000.

(3) For operation units that violate Article 16, that is, fail to setup, maintain advertising facilities and commercial outlets, transportation department shall require rectification in a given time, and if there is no rectification, operation units shall be fined for more than RMB10,000 to less than RMB30,000.

(4) For operation units that violate Article 17, paragraph 1, or Article 25, that is, fail to inform or report according to requirements, they shall be fined for more than RMB1,000 to less than RMB3,000.

(5) For operation units that violate Article 18, paragraph 1, that is, fail to perform safety inspection duty or adopt safety precautions and develop specific rectification plan, they shall be fined for more than RMB10,000 to less than RMB30,000.

Article 28 Penalties to Construction Units

For construction units that violate Article 10, paragraph 1, that is, fails to construct according to requirements, which influence the operation safety, transportation administration department shall order them to improve within a given period of time; if no there is no improvement, the construction units would be fined for an amount of more than RMB10,000 and less than RMB50,000.

Article 29 Commissioned Penalties

Transportation administration department may entrust the law enforcement agencies to carry out the penalties prescribed herein.

Article 30 Other Penalties

Violation of the provisions herein shall be punished by relevant administration departments in accordance with the "Regulations" or other laws and regulations, if there are existing provisions regarding the violation.

Chapter VI Supplementary Provisions

Article 31 Reference

Safety Management of Maglev Communication shall also be subject to the Measures.

Article 32 Effective Date

These measures shall come into effect from March 1, 2010.

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