Source: China Emergency Management
Recently, the Hunan Provincial Department of Emergency Management released the accident investigation report.
The direct cause of the accident
After in-depth investigation and comprehensive analysis, it was determined that the direct cause of the accident was that Ou Haihong, the driver of , was driving a motor vehicle that was severely overloaded and did not meet the safety and technical conditions and was driving on the road, and the vehicle's braking system failed. The driver's improper operation and ineffective measures in the face of danger, coupled with the large number of people going to the market on the highway on the day of the incident, amplified the damage consequences of the accident.
Suggestions for handling the units and persons responsible for the accident
(1) Personnel who have been subject to criminal compulsory measures by judicial authorities
1. Suspected of traffic accidents
(1) Ou Haihong, male, 52 years old. He was arrested with the approval of the procuratorate on suspicion of traffic accident.
2. Suspected of major liability accident crime
(2) Tan Junliang, male, 47 years old, is the legal representative of Julong Logistics. He was arrested with the approval of the procuratorate on suspicion of serious accidents.
(3) Tan Wenbin, male, 67 years old, is the person in charge of production safety at Julong Logistics. He was arrested with the approval of the procuratorate on suspicion of serious accidents.
(4) Wen Bin, female, 29 years old, is a weigher at Julong Logistics. He was arrested with the approval of the procuratorate on suspicion of serious accidents.
3. Suspected of producing and selling counterfeit and inferior products
(5) He Jiming, male, 49 years old, is one of the shareholders of Aoxiang Company and is responsible for the daily management of the company. He was arrested with the approval of the procuratorate on suspicion of selling counterfeit and substandard products.
(6) Deng Sijian, male, 32 years old, was a salesman of Aoxiang Company at that time. The vehicle No. A20816 that caused the accident was sold by Deng Sijian to Zhou Weizhi. He was arrested with the approval of the procuratorate on suspicion of selling counterfeit and substandard products.
4. Suspected of providing false certification documents
(7) Tan Kai, male, 55 years old, is the agency for the first registration of Hunan A20816 vehicle. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(8) Liu Hai, male, 37 years old, is the agency that registered Hunan A20816 car in 2015. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(9) He Lu, male, 42 years old, is the deputy director of the Wangcheng Xing’an Motor Vehicle Inspection Station in Changsha City. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(10) Cheng Jun, male, 44 years old, Xiangtan County deputy, is the legal representative of Ji'an Company. With the permission of the Xiangtan County People's Congress Standing Committee, he was arrested by the procuratorate on suspicion of providing false certification documents.
(11) Zhang Yong, male, 32 years old, is a driver of Ji'an Company. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(12) Xie Lu, female, 33 years old, is a dispatcher of Ji'an Company. He was released on bail by the public security organ pending trial on suspicion of providing false certification documents.
(13) Peng Zeyong, male, 52 years old, is the agent for the annual inspection of Hunan A20816 vehicle from 2016 to 2018. He was released on bail by the public security organ pending trial on suspicion of providing false certification documents.
(14) Zhou Weizhi, male, 42 years old, is the first owner of Hunan A20816 car. He was released on bail by the public security organ pending trial on suspicion of providing false certification documents.
(15) Zhao Tiechi, male, 46 years old, is the fifth owner of Hunan A20816 car. He was released on bail by the public security organ pending trial on suspicion of providing false certification documents.
(2) Related enterprises
on Hengshan County Julong Logistics Company, Changsha Aoxiang Automobile Sales and Service Co., Ltd., Changsha Wangcheng District Xing'an Motor Vehicle Inspection Co., Ltd., Xiangtan Ji'an Motor Vehicle Service Co., Ltd. 4 enterprises For violations of laws and regulations by relevant personnel, it has been recommended that relevant local authorities impose administrative penalties in accordance with the law; personnel suspected of criminal offenses should be transferred to judicial authorities for processing.
(3) Relevant public officials
Materials on problems found during the investigation of the accident regarding the performance of public servants of party committees, governments and relevant departments at all levels have been handed over to the Hunan Provincial Commission for Discipline Inspection and the Provincial Supervisory Committee. Party and government disciplinary sanctions against relevant personnel and handling opinions of relevant units shall be proposed by the disciplinary inspection commissions and supervisory commissions at all levels with corresponding management authority.
The following is the full text of the accident investigation report ↓↓
Xiangtan County Huashi Town "9·22" major road traffic accident
Investigation report
At about 8:42 on September 22, 2019, a major road traffic accident occurred in Huashi Town, Xiangtan County , causing 10 deaths, 16 injuries, and direct economic losses of 12.55 million yuan. After the
accident, Liu He, member of the Political Bureau of the CPC Central Committee and Vice Premier of the State Council, State Councilor Wang Yong, State Councilor and Minister of Public Security Zhao Kezhi issued important instructions, Huang Ming, Party Secretary of the Ministry of Emergency Management, Li Xiaopeng, Minister of Transport, Hunan Province Du Jiahao, Secretary of the Party Committee, and Xu Dazhe, Deputy Secretary of the Party Committee of Hunan Province and Governor of Hunan Province, respectively issued instructions on the accident rescue and aftermath work, requiring all efforts to rescue the injured, promptly carry out aftermath work, identify the causes as soon as possible, learn lessons, investigate potential safety hazards, and compact Work responsibilities to ensure safety and stability.
In accordance with relevant regulations such as the "Production Safety Law" and the "Regulations on Reporting, Investigation and Handling of Production Safety Accidents", and with the approval of the Hunan Provincial People's Government, the "9·22" major road in Huashi Town, Xiangtan County was established on September 24, 2019. Traffic Accident Investigation Team (hereinafter referred to as the Investigation Team). The investigation team consists of the Provincial Emergency Department, the Provincial Public Security Department, the Provincial Department of Transportation, the Provincial Federation of Trade Unions, the Provincial Department of Industry and Information Technology, the Provincial Department of Commerce, the Provincial Market Supervision Bureau and the people of Xiangtan City, Hengyang City, Changsha City The investigation team is composed of government , and Zhou Saibao, Secretary of the Party Leadership Group of the Provincial Emergency Department, serves as the leader of the investigation team. The Hunan Provincial Commission for Discipline Inspection and the Provincial Supervisory Committee established an accident liability review and investigation team to intervene in the accident investigation in advance. The Xiangtan Municipal Public Security Bureau set up a task force to investigate the direct perpetrators of the accident and related production and operation units and related personnel suspected of illegal crimes.
The investigation team conscientiously implemented the spirit of the relevant leadership instructions of the Central Committee and the Provincial Party Committee and the Provincial Government, adhered to the principles of "scientific rigor, compliance with laws and regulations, seeking truth from facts, and focusing on practical results". Through on-site inspections, investigation and evidence collection, inspection and appraisal, and comprehensive analysis, they identified the The course and cause of the accident were verified, the losses were verified, the nature of the accident was determined, problems existing in the supervision of the relevant local party committees, governments and relevant departments were identified, suggestions for handling the relevant responsible units and personnel were put forward, and the exposed provided relevant suggestions for improving the work.
The accident investigation team determined that the "9·22" major road traffic accident in Huashi Town, Xiangtan County was a major production safety accident.
1. Relevant circumstances of the accident
(1) The incident occurred
After verification and analysis of relevant videos, it was determined that at around 6:00 on September 22, 2019, driver Ou Haihong of Huashi Town, Xiangtan County drove the low-speed dump truck No. A20816 of Hunan from Huashi Town. Rihua Village set out to load sand from Hengshan Julong Logistics Co., Ltd. (hereinafter referred to as Julong Logistics). At about 7:17, Ou Haihong drove the truck to load 10,410kg of sand from Julong Logistics and drove out. At about 8:00, he installed 5 cement culverts (weighing 300kg) at the Lingpo Street Cement Culvert Factory in Hengshan County, Lingpo Township, 8 At about 42:00, when the vehicle was driving to the downhill section of Rihua Village, Huashi Town, County Road During the downhill process, the kinetic energy was huge. Ou Haihong stepped on the brake pedal continuously to slow down, causing the high-pressure air in the air reservoir to leak from the cracked and damaged front wheel brake hose and the damaged cup of the left rear wheel brake pump. The braking efficiency was reduced. It gradually dropped, causing the brakes to fail, causing an out-of-control collision and crushing of people going to the market.
(2) Emergency Rescue Situation
After the accident, Su Jie, Director of the Comprehensive Coordination Department of the Ministry of Emergency Management, Li Wei, Deputy Director of the Traffic Management Bureau of the Ministry of Public Security, and Cai Tuanjie, Deputy Director of the Transportation Services Department of the Ministry of Transport, led comrades from relevant departments respectively. Go to the scene to guide accident handling.
Member of the Standing Committee of the Provincial Party Committee and Executive Vice Governor of the Provincial Government Xie Jianhui, Vice Governors Chen Fei, and Xu Xianhui led respectively Yi Jialiang and Zhang Yinqiao, Deputy Secretary-Generals of the Provincial Government, Li Dajian, Director of the Emergency Department, Zhou Haibing, former Director of the Department of Transportation, and Deputy Director of the Department Luo Delong, Deputy Director of the Public Security Department Tang Xiangrong, Deputy Director of the Department of Transportation Qian Junjun, Captain of the Traffic Police Corps of the Public Security Department Jiang Jianxiang and other department comrades rushed to the scene in time to handle the accident.
Xiangtan Municipal Party Committee Secretary Cao Jiongfang, Mayor Zhang Yingchun, Municipal Party Committee Standing Committee Member and Municipal Party Committee Political and Legal Committee Secretary Dai Deqing, Vice Mayors Chen Xiaoshan, Fu Jun, Luo Wei, Xiangtan County Party Committee Secretary Fu Guoping, County Party Committee Deputy Secretary and County Mayor Duan Weichang and other cities and counties Leaders led comrades from emergency, public security, traffic police, transportation, health, fire protection and other departments to the scene for dispatch and disposal. The injured were sent to the hospital for treatment, and the body of the deceased was sent to the funeral parlor. On-site rescue operations ended at around 15:00 that day, on-site traffic control was lifted and the road resumed traffic.
(3) Road conditions
After consulting relevant historical archives and entrusting Hunan Provincial Transportation Planning, Survey and Design Institute Co., Ltd. to conduct inspection and evaluation, the accident site was located at the bottom of the downhill section of Rihua Village, Huashi Town, Xiangtan County, Line X018, and the accident section was a county-level two-way road. It is a 2-lane road with a technical level of Class IV. The road surface is 6m wide and runs north-south. The road section at the center of the accident is a straight road. There are ditches on both sides of the road. The width is 75cm. There are no brake marks on the road surface at the site. The driving direction of the accident car is downhill. The slope It is 377.83m long and has a slope of 6.8%. (See Figure 1)
Figure 1 Overview of the accident scene and copy of the on-site investigation
1. Pavement inspection conclusion. The smoothness, structural depth, lateral force coefficient and pavement damage of pavement all meet the requirements of the "Technical Specifications for Maintenance of Highway Cement Concrete Pavement" (JTJ073.1-2001).
2. Route evaluation conclusion. linear indicators: horizontal curve radius, maximum longitudinal slope, minimum slope length, maximum slope length of different longitudinal slopes, minimum radius of convex vertical curve, minimum radius of concave vertical curve, and vertical curve length all comply with the "Highway Route Design Specifications" (JTG D20) -2006) requirements.
3. Evaluation conclusion of traffic signs and markings and traffic safety facilities. The village signs, level crossing signs, and notices of "Crack down on road occupation and store operation in accordance with the law" set up by ① comply with the relevant provisions of " Road Traffic Signs and Markings " (GB5768-1999). Setting up continuous curve warning signs does not violate the relevant provisions of "Road Traffic Signs and Markings" (GB5768-1999). ② Failure to set up sharp curve signs and steep slope signs does not violate the relevant provisions of the "Road Traffic Signs and Markings" (GB5768-1999). ③ Failure to set up roadway edge lines and roadway dividing lines does not violate the relevant regulations of "Road Traffic Signs and Markings" (GB5768-1999).
(4) Driver situation
Ou Haihong, male, Han nationality, born on July 9, 1967, registered in Rihua Village, Huashi Town, Xiangtan County, is the driver of the low-speed dump truck No. A20816 in Hunan, and his driving license is approved It is C1, the date of first obtaining the license is September 30, 2014, and the driving license status is normal.
was inspected by the Physical Evidence Appraisal Institute of the Xiangtan Municipal Public Security Bureau and the inspection results were issued (Tan Gong Wu Jian (Physical and Chemical) Zi [2019] No. 157). At the time of the accident, Ou Haihong was not found to be driving under the influence of drugs or alcohol.
(5) Basic conditions of the vehicle
1. Factory condition. Xiang A20816 dump low-speed truck, produced by Beiqi Foton Automobile Co., Ltd. (hereinafter referred to as Beiqi Foton) Changsha Automobile Plant, vehicle model BJ5815PD16, engine AGA14006306, vehicle identification code 1VBL3PBBXFN060720, usage nature is freight, registered owner is Zhou Weizi (male, 42 years old, registered place of residence is No. 75, Congmutang Group, Huazhajie Village, Pingtang Town, Yuelu District, Changsha City), factory date is January 30, 2015, initial registration date is February 2015 On the 6th, the inspection is valid until February 29, 2020. Compulsory traffic insurance is purchased and the insurance period is until February 6, 2020. The motor vehicle registration system shows that the vehicle is in normal condition. The vehicle's approved load mass is 1490kg, the curb weight of the certificate is 2490kg, and the total mass is 4110kg. However, the actual curb weight of the vehicle when leaving the factory is 3833kg, which exceeds the curb weight stated on the certificate by 1343kg.
2. Registration status. On February 3, 2015, Changsha Wangcheng District Xing'an Motor Vehicle Inspection Co., Ltd. (hereinafter referred to as Xing'an Company) conducted a pre-registration vehicle inspection on the vehicle and issued the " Motor Vehicle Safety Technical Inspection Report". On February 6, 2015, the Vehicle Management Office of the Traffic Police Brigade of the Wangcheng Branch of the Changsha Municipal Public Security Bureau compared the "Motor Vehicle Safety Technical Inspection Report" issued by Xing'an Company with the technical parameters of the announced catalog and issued the motor vehicle license plate and driving license. certificate.
3. Vehicle inspection status. The car has undergone a total of 5 safety technical inspections. Among them, the new car pre-registration inspection was conducted at Xing'an Company on February 3, 2015, and the new car pre-registration inspection was conducted on January 13, 2016, January 18, 2017, and January 2018. On the 23rd, three motor vehicle safety technical inspections were conducted at Changsha Jin'an Automobile Inspection Center Co., Ltd. (hereinafter referred to as Jin'an Company). The latest one was on January 26, 2019 at Xiangtan Ji'an Motor Vehicle Service Co., Ltd. (hereinafter referred to as Ji'an Company) ) to conduct motor vehicle safety technical inspections.
4. Vehicle transaction status. The car was traded a total of 6 times from the factory to before the accident, as follows: ① On February 2, 2015, Zhou Weizhi bought the car from Shuangzhou, Wangcheng District, Changsha City, for 79,800 yuan (including handling fees, the naked car price was 56,880 yuan) Aoxiang Automobile Sales and Service Co., Ltd. (now renamed Changsha Aoxiang Automobile Sales Co., Ltd., hereinafter referred to as Aoxiang Company) purchased the car; ② On April 3, 2018, Zhou Weizhi transferred it to second-hand car dealer Huang Tao (male) for 38,000 yuan , 30 years old, his registered place is Tongchong Group, Shuangfeng Village, Heling Town, Yuhu District, Xiangtan City); ③On April 26, 2018, Huang Tao transferred to Luo Jie (male, 26 years old, his registered place is 49,000 yuan) Group 3, Zhongyan Village, Xujiaqiao Hui Uyghur Township, Dingcheng District, Changde City); ④ On May 4, 2018, Luo Jie was transferred to Chen Bo (male, 41 years old, registered place of residence is Wushi Town, Xiangtan County) for 48,800 yuan. Xingcun Construction New Group); ⑤ On May 8, 2018, Chen Bo transferred to Zhao Tiechi (male, 41 years old, registered place of residence is Xinhua Group, Herong Village, Paitou Township, Xiangtan County) for 54,200 yuan; ⑥ On March 22, 2019, Zhao Tiechi The vehicle was replaced with the Xiang C51859 low-speed dump truck owned by Ou Haihong, and Ou Haihong compensated Zhao Tiechi for the price difference of 23,000 yuan. The car has never gone through the transfer procedures during many transactions, and the registered owner of the car is still Zhou Weizhi.
5. Vehicle violations. has accumulated 10 traffic violation records, all of which have been dealt with.
6. Vehicle inspection and appraisal status. Inspection report (2019-10-002) issued by the Hunan Automobile and Motorcycle (Complete Vehicle) Product Quality Supervision and Inspection Authorization Station:
(1) Vehicle safety technical performance appraisal. The car's air horn is damaged and its sound level cannot be inspected; the front and rear brake hoses and the left rear wheel brake cylinder cup are aged, cracked and damaged, and do not comply with regulations; the brake cylinder cannot provide effective braking function; the brake light does not work normally, and the safety technical condition of the vehicle does not meet the relevant requirements after inspection; because the vehicle's braking system is faulty, the steering characteristics under dynamic conditions were not tested, and the steering system showed no abnormalities in static conditions.
(2) Vehicle speed identification. The speed of the car when it passed the reference line and hit the pedestrian was about 25km/h.
(3) Vehicle collision morphology identification. The vehicle was loaded with 10.71 tons of sand and other cargo before the accident, which seriously exceeded the allowable loading mass. During the downhill process, the vehicle had huge kinetic energy. In addition, the driver continuously stepped on the brake pedal to slow down, causing the high-pressure air in the air tank to crack and break. The front wheel brake hose and the left rear wheel brake pump cup leaked from the damaged parts, which gradually reduced the braking efficiency, causing the brake to fail. The vehicle rolled forward with the brake ineffective and the left front part of the bumper collided with the left side of the road. The front part, tires and chassis parts of the car hit the pedestrian in front and crushed the pedestrian as it moved forward.
(4) Vehicle modification and modification identification. tires and steel rims were replaced after registration, rear-illuminating lamps were installed on the left, right and rear of the vehicle, the rear protective device was removed, and the auxiliary springs of the rear leaf springs were replaced with thickened steel plates. The accident vehicle In violation of regulations, after the registration of , was illegally modified. After comprehensive analysis, it was found that the modified parts of the car had no direct causal relationship with the accident.
(6) Vehicle loading status
Verified by the Traffic Police Brigade of the Xiangtan County Public Security Bureau: the vehicle's overall (empty) mass is 4180 kg, the weight of the sand carried is 10410kg, the weight of the five cement culverts is 300kg, and the actual total weight is 14890kg . The curb weight registered on the driving license is 2490kg, the approved load capacity is 1490kg, and the total weight is 4110kg. Therefore, the actual overload weight of the car is 10780kg, which is an overload of 262%.
(7) Rihua Village Road Market Situation
After consulting information and investigation and verification, the market is located in the central street section of Rihua Village, Huashi Town, Line X018, Xiangtan County. It runs north-south and is the seat of the former Rihua Township People’s Government. It was gradually established in the early 1990s. A street is formed, and local people go to the market on the fourth and ninth day of the lunar calendar, usually starting at 5:30 and ending at about 11:00, and they implement spontaneous management. In recent years, the Xiangtan County People's Government has organized many road market rectifications. In particular, it organized a comprehensive rectification in April 2018, which clearly required the closure of 58 road markets in the county, including the Rihua Village Road Market. During the renovation process, the People's Government of Huashi Town built a new market on Rihua New Street (about 103 meters away from the original road market, see Figure 2). The main body was completed in March 2019. Due to the incomplete supporting facilities, vendors were unable to enter the market. Despite the willingness to move into a new market and the obstruction of merchants along the street, the road market could not be banned and the renovation work did not achieve the expected results.
Figure 2 The management situation of the awnings along the newly built market in Rihua Street
the road market. There are currently 36 steel structure awnings erected on both sides of the market (see Figure 3). The awnings are as close as 0.7 meters to the edge of the road and as far away as less than 1 meter. According to feedback from local people, the local government organized the dismantling of awnings along the street in 2014 and provided a subsidy of 300 yuan per household for the removal. The awnings on both sides of the street have been basically dismantled. However, there was a rebound from the second half of 2018, and the current awnings were basically built from the second half of 2018 to the first half of 2019.
Figure 3 Awnings along the road market (the picture on the right is a top view of the awning)
(8) Weather conditions
From 7 to 10 o'clock on September 22, 2019, there was no precipitation in Xiangtan County, and the temperature, humidity, air pressure, and wind speed were all normal, and there was no severe weather Weather phenomena occur.
2. The direct cause of the accident
After in-depth investigation and comprehensive analysis, it was determined that the direct cause of the accident was driver Ou Haihong driving a motor vehicle that was severely overloaded and whose safety and technical conditions did not meet the standards. The vehicle's braking system failed while driving on the road. The driver's improper operation and ineffective measures in the face of danger[1], coupled with the large number of people going to the market on the road on the day of the incident, amplified the damage consequences of the accident.
[1] Their actions violated Article 48 of the "Road Traffic Safety Law of the People's Republic of China" "Motor vehicle loads shall comply with the approved load capacity, and overloading is strictly prohibited;...", Second Article 11 “Before driving a motor vehicle on the road, the driver shall carefully check the safety and technical performance of the motor vehicle; he shall not drive a motor vehicle with incomplete safety facilities or parts that do not meet technical standards and other potential safety hazards.”, Second Paragraph 1 of Article 12 “Motor vehicle drivers shall abide by the provisions of road traffic safety laws and regulations, and drive safely and civilly in accordance with operating specifications.”
3. Main issues of enterprises
(1) Hengshan County Julong Logistics Company
Department The source unit of the goods loaded in the vehicle causing the accident is one of the key freight source units in Hengshan County. It failed to fulfill its main responsibility for safety production and had the problem of illegal overloading. The workflow settings are unreasonable, and basic overflow control facilities such as freight source network monitoring and access control systems are not equipped. The video surveillance at the vehicle weighing area cannot be used normally; the registered vehicle license, driver's license, and operating license are not strictly checked when loading goods; The company fabricated the incoming and outgoing goods flow ledger to cope with supervision and inspection; after the incident, the company destroyed or concealed the real incoming and outgoing goods registration ledger, relevant documents, video surveillance and other information.
(2) Beiqi Foton Changsha Automobile Plant
is the manufacturer of the vehicle involved in the accident. After preliminary verification, the company failed to fulfill its main responsibility for the consistency of automobile product production. The actual parameters and announced parameters of the 927 dump low-speed trucks produced during 2015 It does not match, and a certificate of conformity was issued for this batch of products. There is a production consistency problem.
(3) Changsha Aoxiang Automobile Sales and Service Co., Ltd.
is a sales company of the vehicle involved in the accident. Knowing that the actual maintenance quality of the vehicle involved in the accident was obviously inconsistent with the maintenance quality marked on the certificate and that it could not be registered, in order to obtain improper benefits, Together with relevant personnel from intermediaries and testing agencies, sales are carried out by promising to include a license plate. After preliminary verification, as of the time of the accident, the company had sold a total of 30 vehicles of the same model as the vehicle involved in the accident.
(4) Changsha Wangcheng District Xing'an Motor Vehicle Inspection Co., Ltd.
is the testing organization for the first vehicle registration of the car involved in the accident. The driver He Lu and the intermediaries Tan Kai and Liu Hai used a qualified Foton Times King Kong (model 628) The low-speed dump truck replaced the unqualified overweight vehicle that caused the accident and passed the line inspection, and issued a motor vehicle safety technical inspection report. After preliminary verification, as of the time of the accident, the company had issued similar motor vehicle safety technical inspection reports for five vehicles of the same model.
(5) Changsha Jin'an Automobile Inspection Center has Co., Ltd.
The vehicle involved in the accident conducted three motor vehicle inspections at the company on January 13, 2016, January 18, 2017, and January 23, 2018. Safety technical inspections all meet relevant requirements.
(6) Xiangtan Ji'an Motor Vehicle Service Co., Ltd.
is the testing agency for the 2019 annual vehicle inspection of the vehicle involved in the accident. The driver Zhang Yong was instructed by the legal representative Cheng Jun and requested by Zhao Tiechi (former owner) to send the actual vehicle inspection through the dispatcher Xie Lu The axle weight (curb weight) of 4180kg was tampered with to 2478kg, and a false technical inspection report was issued.
4. Main issues related to local party committees, governments and departments
(1) Xiangtan City
1. Xiangtan County Transportation Bureau
(1) failed to declare and set up over-limit and overload mobile detection points as required, and failed to take the lead in establishing a long-term mechanism for joint law enforcement. After investigation, the county applied for approval to set up two fixed over-limit detection stations (Wujiagang over-limit detection station is located at 1777KM+100M on line 107, and the Hekou unloading site is on line S216 of Hekou Village, Hekou Town, , Huashi, Xiangtan County). The daily traffic flow survey data of highway trucks at the observation point is 300 vehicles. The bureau has not studied and applied for the establishment of mobile over-limit detection points in addition to fixed detection stations, taking into account the regional road freight flow direction, road network structure, over-limit and overloading characteristics of vehicles, and the establishment of highway traffic police law enforcement stations.
After investigation, Xiangtan County has 120,097 cars, 7,535 eight-category key vehicles, and 7,308 low-speed trucks. The average daily traffic flow survey data of highway trucks from January to September 2019 at the Wujiagang Over-limit Detection Station is: 2,977 vehicles; from January to September 2019, only 20 over-limit and overloaded vehicles were investigated and punished in the county, and road administration fined 2.5858 million yuan (including overloading fines of 179,100 yuan). The traffic police fined only 2,400 yuan, and the penalty rate was low. The bureau did not take the lead in organizing normalized joint law enforcement. The overtaking control station mainly focused on road administrative penalties and did not fully implement the joint law enforcement model and the penalty rate was low. It was not in compliance with the Ministry of Transport and the Ministry of Public Security's "On the Normalization and Institutionalization of Joint Law Enforcement to Control Vehicle Overruns and Overloading" Implementation Opinions of the Work (Trial)” (Jiaogongfa [2017] No. 173), Hunan Provincial Department of Transportation and Hunan Provincial Department of Public Security issued the “Implementation of the Normalization and Institutionalization of Joint Law Enforcement in Hunan Province to Control Over-limit and Overloaded Vehicles” Plan" (Xiangjiao Road [2018] No. 55) [2].
[2] Hunan Provincial Department of Transportation and Hunan Provincial Public Security Department issued the "Implementation Plan for the Regularization and Institutionalization of Joint Law Enforcement in Controlling Overlimited and Overloaded Vehicles in Hunan Province" (Xiangjiao Road [2018] No. 55): Transportation and Public Security Departments It is necessary to study and formulate the setting and optimization plan of over-limit detection stations and over-limit detection points based on the regional road freight flow direction, road network structure, over-limit and over-loading characteristics of vehicles, and the setting of public security and traffic police law enforcement stations, and submit it to the provincial people's government for approval. implementation. Information related to over-limit testing stations (points) must be disclosed in a timely manner in accordance with relevant regulations.
(2) The ground structures in the construction control areas on both sides of the highway in the accident section were not demolished by law. After investigation, the bureau found that the problem of illegally built awnings rebounding in the construction control area of the Rihua Village Road Market section of X018 County Road in Xiangtan County in 2018 was not enforced and dismantled in a timely manner, which did not meet the requirements of the Highway Law [3].
Source: China Emergency Management
Recently, the Hunan Provincial Department of Emergency Management released the accident investigation report.
The direct cause of the accident
After in-depth investigation and comprehensive analysis, it was determined that the direct cause of the accident was that Ou Haihong, the driver of , was driving a motor vehicle that was severely overloaded and did not meet the safety and technical conditions and was driving on the road, and the vehicle's braking system failed. The driver's improper operation and ineffective measures in the face of danger, coupled with the large number of people going to the market on the highway on the day of the incident, amplified the damage consequences of the accident.
Suggestions for handling the units and persons responsible for the accident
(1) Personnel who have been subject to criminal compulsory measures by judicial authorities
1. Suspected of traffic accidents
(1) Ou Haihong, male, 52 years old. He was arrested with the approval of the procuratorate on suspicion of traffic accident.
2. Suspected of major liability accident crime
(2) Tan Junliang, male, 47 years old, is the legal representative of Julong Logistics. He was arrested with the approval of the procuratorate on suspicion of serious accidents.
(3) Tan Wenbin, male, 67 years old, is the person in charge of production safety at Julong Logistics. He was arrested with the approval of the procuratorate on suspicion of serious accidents.
(4) Wen Bin, female, 29 years old, is a weigher at Julong Logistics. He was arrested with the approval of the procuratorate on suspicion of serious accidents.
3. Suspected of producing and selling counterfeit and inferior products
(5) He Jiming, male, 49 years old, is one of the shareholders of Aoxiang Company and is responsible for the daily management of the company. He was arrested with the approval of the procuratorate on suspicion of selling counterfeit and substandard products.
(6) Deng Sijian, male, 32 years old, was a salesman of Aoxiang Company at that time. The vehicle No. A20816 that caused the accident was sold by Deng Sijian to Zhou Weizhi. He was arrested with the approval of the procuratorate on suspicion of selling counterfeit and substandard products.
4. Suspected of providing false certification documents
(7) Tan Kai, male, 55 years old, is the agency for the first registration of Hunan A20816 vehicle. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(8) Liu Hai, male, 37 years old, is the agency that registered Hunan A20816 car in 2015. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(9) He Lu, male, 42 years old, is the deputy director of the Wangcheng Xing’an Motor Vehicle Inspection Station in Changsha City. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(10) Cheng Jun, male, 44 years old, Xiangtan County deputy, is the legal representative of Ji'an Company. With the permission of the Xiangtan County People's Congress Standing Committee, he was arrested by the procuratorate on suspicion of providing false certification documents.
(11) Zhang Yong, male, 32 years old, is a driver of Ji'an Company. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(12) Xie Lu, female, 33 years old, is a dispatcher of Ji'an Company. He was released on bail by the public security organ pending trial on suspicion of providing false certification documents.
(13) Peng Zeyong, male, 52 years old, is the agent for the annual inspection of Hunan A20816 vehicle from 2016 to 2018. He was released on bail by the public security organ pending trial on suspicion of providing false certification documents.
(14) Zhou Weizhi, male, 42 years old, is the first owner of Hunan A20816 car. He was released on bail by the public security organ pending trial on suspicion of providing false certification documents.
(15) Zhao Tiechi, male, 46 years old, is the fifth owner of Hunan A20816 car. He was released on bail by the public security organ pending trial on suspicion of providing false certification documents.
(2) Related enterprises
on Hengshan County Julong Logistics Company, Changsha Aoxiang Automobile Sales and Service Co., Ltd., Changsha Wangcheng District Xing'an Motor Vehicle Inspection Co., Ltd., Xiangtan Ji'an Motor Vehicle Service Co., Ltd. 4 enterprises For violations of laws and regulations by relevant personnel, it has been recommended that relevant local authorities impose administrative penalties in accordance with the law; personnel suspected of criminal offenses should be transferred to judicial authorities for processing.
(3) Relevant public officials
Materials on problems found during the investigation of the accident regarding the performance of public servants of party committees, governments and relevant departments at all levels have been handed over to the Hunan Provincial Commission for Discipline Inspection and the Provincial Supervisory Committee. Party and government disciplinary sanctions against relevant personnel and handling opinions of relevant units shall be proposed by the disciplinary inspection commissions and supervisory commissions at all levels with corresponding management authority.
The following is the full text of the accident investigation report ↓↓
Xiangtan County Huashi Town "9·22" major road traffic accident
Investigation report
At about 8:42 on September 22, 2019, a major road traffic accident occurred in Huashi Town, Xiangtan County , causing 10 deaths, 16 injuries, and direct economic losses of 12.55 million yuan. After the
accident, Liu He, member of the Political Bureau of the CPC Central Committee and Vice Premier of the State Council, State Councilor Wang Yong, State Councilor and Minister of Public Security Zhao Kezhi issued important instructions, Huang Ming, Party Secretary of the Ministry of Emergency Management, Li Xiaopeng, Minister of Transport, Hunan Province Du Jiahao, Secretary of the Party Committee, and Xu Dazhe, Deputy Secretary of the Party Committee of Hunan Province and Governor of Hunan Province, respectively issued instructions on the accident rescue and aftermath work, requiring all efforts to rescue the injured, promptly carry out aftermath work, identify the causes as soon as possible, learn lessons, investigate potential safety hazards, and compact Work responsibilities to ensure safety and stability.
In accordance with relevant regulations such as the "Production Safety Law" and the "Regulations on Reporting, Investigation and Handling of Production Safety Accidents", and with the approval of the Hunan Provincial People's Government, the "9·22" major road in Huashi Town, Xiangtan County was established on September 24, 2019. Traffic Accident Investigation Team (hereinafter referred to as the Investigation Team). The investigation team consists of the Provincial Emergency Department, the Provincial Public Security Department, the Provincial Department of Transportation, the Provincial Federation of Trade Unions, the Provincial Department of Industry and Information Technology, the Provincial Department of Commerce, the Provincial Market Supervision Bureau and the people of Xiangtan City, Hengyang City, Changsha City The investigation team is composed of government , and Zhou Saibao, Secretary of the Party Leadership Group of the Provincial Emergency Department, serves as the leader of the investigation team. The Hunan Provincial Commission for Discipline Inspection and the Provincial Supervisory Committee established an accident liability review and investigation team to intervene in the accident investigation in advance. The Xiangtan Municipal Public Security Bureau set up a task force to investigate the direct perpetrators of the accident and related production and operation units and related personnel suspected of illegal crimes.
The investigation team conscientiously implemented the spirit of the relevant leadership instructions of the Central Committee and the Provincial Party Committee and the Provincial Government, adhered to the principles of "scientific rigor, compliance with laws and regulations, seeking truth from facts, and focusing on practical results". Through on-site inspections, investigation and evidence collection, inspection and appraisal, and comprehensive analysis, they identified the The course and cause of the accident were verified, the losses were verified, the nature of the accident was determined, problems existing in the supervision of the relevant local party committees, governments and relevant departments were identified, suggestions for handling the relevant responsible units and personnel were put forward, and the exposed provided relevant suggestions for improving the work.
The accident investigation team determined that the "9·22" major road traffic accident in Huashi Town, Xiangtan County was a major production safety accident.
1. Relevant circumstances of the accident
(1) The incident occurred
After verification and analysis of relevant videos, it was determined that at around 6:00 on September 22, 2019, driver Ou Haihong of Huashi Town, Xiangtan County drove the low-speed dump truck No. A20816 of Hunan from Huashi Town. Rihua Village set out to load sand from Hengshan Julong Logistics Co., Ltd. (hereinafter referred to as Julong Logistics). At about 7:17, Ou Haihong drove the truck to load 10,410kg of sand from Julong Logistics and drove out. At about 8:00, he installed 5 cement culverts (weighing 300kg) at the Lingpo Street Cement Culvert Factory in Hengshan County, Lingpo Township, 8 At about 42:00, when the vehicle was driving to the downhill section of Rihua Village, Huashi Town, County Road During the downhill process, the kinetic energy was huge. Ou Haihong stepped on the brake pedal continuously to slow down, causing the high-pressure air in the air reservoir to leak from the cracked and damaged front wheel brake hose and the damaged cup of the left rear wheel brake pump. The braking efficiency was reduced. It gradually dropped, causing the brakes to fail, causing an out-of-control collision and crushing of people going to the market.
(2) Emergency Rescue Situation
After the accident, Su Jie, Director of the Comprehensive Coordination Department of the Ministry of Emergency Management, Li Wei, Deputy Director of the Traffic Management Bureau of the Ministry of Public Security, and Cai Tuanjie, Deputy Director of the Transportation Services Department of the Ministry of Transport, led comrades from relevant departments respectively. Go to the scene to guide accident handling.
Member of the Standing Committee of the Provincial Party Committee and Executive Vice Governor of the Provincial Government Xie Jianhui, Vice Governors Chen Fei, and Xu Xianhui led respectively Yi Jialiang and Zhang Yinqiao, Deputy Secretary-Generals of the Provincial Government, Li Dajian, Director of the Emergency Department, Zhou Haibing, former Director of the Department of Transportation, and Deputy Director of the Department Luo Delong, Deputy Director of the Public Security Department Tang Xiangrong, Deputy Director of the Department of Transportation Qian Junjun, Captain of the Traffic Police Corps of the Public Security Department Jiang Jianxiang and other department comrades rushed to the scene in time to handle the accident.
Xiangtan Municipal Party Committee Secretary Cao Jiongfang, Mayor Zhang Yingchun, Municipal Party Committee Standing Committee Member and Municipal Party Committee Political and Legal Committee Secretary Dai Deqing, Vice Mayors Chen Xiaoshan, Fu Jun, Luo Wei, Xiangtan County Party Committee Secretary Fu Guoping, County Party Committee Deputy Secretary and County Mayor Duan Weichang and other cities and counties Leaders led comrades from emergency, public security, traffic police, transportation, health, fire protection and other departments to the scene for dispatch and disposal. The injured were sent to the hospital for treatment, and the body of the deceased was sent to the funeral parlor. On-site rescue operations ended at around 15:00 that day, on-site traffic control was lifted and the road resumed traffic.
(3) Road conditions
After consulting relevant historical archives and entrusting Hunan Provincial Transportation Planning, Survey and Design Institute Co., Ltd. to conduct inspection and evaluation, the accident site was located at the bottom of the downhill section of Rihua Village, Huashi Town, Xiangtan County, Line X018, and the accident section was a county-level two-way road. It is a 2-lane road with a technical level of Class IV. The road surface is 6m wide and runs north-south. The road section at the center of the accident is a straight road. There are ditches on both sides of the road. The width is 75cm. There are no brake marks on the road surface at the site. The driving direction of the accident car is downhill. The slope It is 377.83m long and has a slope of 6.8%. (See Figure 1)
Figure 1 Overview of the accident scene and copy of the on-site investigation
1. Pavement inspection conclusion. The smoothness, structural depth, lateral force coefficient and pavement damage of pavement all meet the requirements of the "Technical Specifications for Maintenance of Highway Cement Concrete Pavement" (JTJ073.1-2001).
2. Route evaluation conclusion. linear indicators: horizontal curve radius, maximum longitudinal slope, minimum slope length, maximum slope length of different longitudinal slopes, minimum radius of convex vertical curve, minimum radius of concave vertical curve, and vertical curve length all comply with the "Highway Route Design Specifications" (JTG D20) -2006) requirements.
3. Evaluation conclusion of traffic signs and markings and traffic safety facilities. The village signs, level crossing signs, and notices of "Crack down on road occupation and store operation in accordance with the law" set up by ① comply with the relevant provisions of " Road Traffic Signs and Markings " (GB5768-1999). Setting up continuous curve warning signs does not violate the relevant provisions of "Road Traffic Signs and Markings" (GB5768-1999). ② Failure to set up sharp curve signs and steep slope signs does not violate the relevant provisions of the "Road Traffic Signs and Markings" (GB5768-1999). ③ Failure to set up roadway edge lines and roadway dividing lines does not violate the relevant regulations of "Road Traffic Signs and Markings" (GB5768-1999).
(4) Driver situation
Ou Haihong, male, Han nationality, born on July 9, 1967, registered in Rihua Village, Huashi Town, Xiangtan County, is the driver of the low-speed dump truck No. A20816 in Hunan, and his driving license is approved It is C1, the date of first obtaining the license is September 30, 2014, and the driving license status is normal.
was inspected by the Physical Evidence Appraisal Institute of the Xiangtan Municipal Public Security Bureau and the inspection results were issued (Tan Gong Wu Jian (Physical and Chemical) Zi [2019] No. 157). At the time of the accident, Ou Haihong was not found to be driving under the influence of drugs or alcohol.
(5) Basic conditions of the vehicle
1. Factory condition. Xiang A20816 dump low-speed truck, produced by Beiqi Foton Automobile Co., Ltd. (hereinafter referred to as Beiqi Foton) Changsha Automobile Plant, vehicle model BJ5815PD16, engine AGA14006306, vehicle identification code 1VBL3PBBXFN060720, usage nature is freight, registered owner is Zhou Weizi (male, 42 years old, registered place of residence is No. 75, Congmutang Group, Huazhajie Village, Pingtang Town, Yuelu District, Changsha City), factory date is January 30, 2015, initial registration date is February 2015 On the 6th, the inspection is valid until February 29, 2020. Compulsory traffic insurance is purchased and the insurance period is until February 6, 2020. The motor vehicle registration system shows that the vehicle is in normal condition. The vehicle's approved load mass is 1490kg, the curb weight of the certificate is 2490kg, and the total mass is 4110kg. However, the actual curb weight of the vehicle when leaving the factory is 3833kg, which exceeds the curb weight stated on the certificate by 1343kg.
2. Registration status. On February 3, 2015, Changsha Wangcheng District Xing'an Motor Vehicle Inspection Co., Ltd. (hereinafter referred to as Xing'an Company) conducted a pre-registration vehicle inspection on the vehicle and issued the " Motor Vehicle Safety Technical Inspection Report". On February 6, 2015, the Vehicle Management Office of the Traffic Police Brigade of the Wangcheng Branch of the Changsha Municipal Public Security Bureau compared the "Motor Vehicle Safety Technical Inspection Report" issued by Xing'an Company with the technical parameters of the announced catalog and issued the motor vehicle license plate and driving license. certificate.
3. Vehicle inspection status. The car has undergone a total of 5 safety technical inspections. Among them, the new car pre-registration inspection was conducted at Xing'an Company on February 3, 2015, and the new car pre-registration inspection was conducted on January 13, 2016, January 18, 2017, and January 2018. On the 23rd, three motor vehicle safety technical inspections were conducted at Changsha Jin'an Automobile Inspection Center Co., Ltd. (hereinafter referred to as Jin'an Company). The latest one was on January 26, 2019 at Xiangtan Ji'an Motor Vehicle Service Co., Ltd. (hereinafter referred to as Ji'an Company) ) to conduct motor vehicle safety technical inspections.
4. Vehicle transaction status. The car was traded a total of 6 times from the factory to before the accident, as follows: ① On February 2, 2015, Zhou Weizhi bought the car from Shuangzhou, Wangcheng District, Changsha City, for 79,800 yuan (including handling fees, the naked car price was 56,880 yuan) Aoxiang Automobile Sales and Service Co., Ltd. (now renamed Changsha Aoxiang Automobile Sales Co., Ltd., hereinafter referred to as Aoxiang Company) purchased the car; ② On April 3, 2018, Zhou Weizhi transferred it to second-hand car dealer Huang Tao (male) for 38,000 yuan , 30 years old, his registered place is Tongchong Group, Shuangfeng Village, Heling Town, Yuhu District, Xiangtan City); ③On April 26, 2018, Huang Tao transferred to Luo Jie (male, 26 years old, his registered place is 49,000 yuan) Group 3, Zhongyan Village, Xujiaqiao Hui Uyghur Township, Dingcheng District, Changde City); ④ On May 4, 2018, Luo Jie was transferred to Chen Bo (male, 41 years old, registered place of residence is Wushi Town, Xiangtan County) for 48,800 yuan. Xingcun Construction New Group); ⑤ On May 8, 2018, Chen Bo transferred to Zhao Tiechi (male, 41 years old, registered place of residence is Xinhua Group, Herong Village, Paitou Township, Xiangtan County) for 54,200 yuan; ⑥ On March 22, 2019, Zhao Tiechi The vehicle was replaced with the Xiang C51859 low-speed dump truck owned by Ou Haihong, and Ou Haihong compensated Zhao Tiechi for the price difference of 23,000 yuan. The car has never gone through the transfer procedures during many transactions, and the registered owner of the car is still Zhou Weizhi.
5. Vehicle violations. has accumulated 10 traffic violation records, all of which have been dealt with.
6. Vehicle inspection and appraisal status. Inspection report (2019-10-002) issued by the Hunan Automobile and Motorcycle (Complete Vehicle) Product Quality Supervision and Inspection Authorization Station:
(1) Vehicle safety technical performance appraisal. The car's air horn is damaged and its sound level cannot be inspected; the front and rear brake hoses and the left rear wheel brake cylinder cup are aged, cracked and damaged, and do not comply with regulations; the brake cylinder cannot provide effective braking function; the brake light does not work normally, and the safety technical condition of the vehicle does not meet the relevant requirements after inspection; because the vehicle's braking system is faulty, the steering characteristics under dynamic conditions were not tested, and the steering system showed no abnormalities in static conditions.
(2) Vehicle speed identification. The speed of the car when it passed the reference line and hit the pedestrian was about 25km/h.
(3) Vehicle collision morphology identification. The vehicle was loaded with 10.71 tons of sand and other cargo before the accident, which seriously exceeded the allowable loading mass. During the downhill process, the vehicle had huge kinetic energy. In addition, the driver continuously stepped on the brake pedal to slow down, causing the high-pressure air in the air tank to crack and break. The front wheel brake hose and the left rear wheel brake pump cup leaked from the damaged parts, which gradually reduced the braking efficiency, causing the brake to fail. The vehicle rolled forward with the brake ineffective and the left front part of the bumper collided with the left side of the road. The front part, tires and chassis parts of the car hit the pedestrian in front and crushed the pedestrian as it moved forward.
(4) Vehicle modification and modification identification. tires and steel rims were replaced after registration, rear-illuminating lamps were installed on the left, right and rear of the vehicle, the rear protective device was removed, and the auxiliary springs of the rear leaf springs were replaced with thickened steel plates. The accident vehicle In violation of regulations, after the registration of , was illegally modified. After comprehensive analysis, it was found that the modified parts of the car had no direct causal relationship with the accident.
(6) Vehicle loading status
Verified by the Traffic Police Brigade of the Xiangtan County Public Security Bureau: the vehicle's overall (empty) mass is 4180 kg, the weight of the sand carried is 10410kg, the weight of the five cement culverts is 300kg, and the actual total weight is 14890kg . The curb weight registered on the driving license is 2490kg, the approved load capacity is 1490kg, and the total weight is 4110kg. Therefore, the actual overload weight of the car is 10780kg, which is an overload of 262%.
(7) Rihua Village Road Market Situation
After consulting information and investigation and verification, the market is located in the central street section of Rihua Village, Huashi Town, Line X018, Xiangtan County. It runs north-south and is the seat of the former Rihua Township People’s Government. It was gradually established in the early 1990s. A street is formed, and local people go to the market on the fourth and ninth day of the lunar calendar, usually starting at 5:30 and ending at about 11:00, and they implement spontaneous management. In recent years, the Xiangtan County People's Government has organized many road market rectifications. In particular, it organized a comprehensive rectification in April 2018, which clearly required the closure of 58 road markets in the county, including the Rihua Village Road Market. During the renovation process, the People's Government of Huashi Town built a new market on Rihua New Street (about 103 meters away from the original road market, see Figure 2). The main body was completed in March 2019. Due to the incomplete supporting facilities, vendors were unable to enter the market. Despite the willingness to move into a new market and the obstruction of merchants along the street, the road market could not be banned and the renovation work did not achieve the expected results.
Figure 2 The management situation of the awnings along the newly built market in Rihua Street
the road market. There are currently 36 steel structure awnings erected on both sides of the market (see Figure 3). The awnings are as close as 0.7 meters to the edge of the road and as far away as less than 1 meter. According to feedback from local people, the local government organized the dismantling of awnings along the street in 2014 and provided a subsidy of 300 yuan per household for the removal. The awnings on both sides of the street have been basically dismantled. However, there was a rebound from the second half of 2018, and the current awnings were basically built from the second half of 2018 to the first half of 2019.
Figure 3 Awnings along the road market (the picture on the right is a top view of the awning)
(8) Weather conditions
From 7 to 10 o'clock on September 22, 2019, there was no precipitation in Xiangtan County, and the temperature, humidity, air pressure, and wind speed were all normal, and there was no severe weather Weather phenomena occur.
2. The direct cause of the accident
After in-depth investigation and comprehensive analysis, it was determined that the direct cause of the accident was driver Ou Haihong driving a motor vehicle that was severely overloaded and whose safety and technical conditions did not meet the standards. The vehicle's braking system failed while driving on the road. The driver's improper operation and ineffective measures in the face of danger[1], coupled with the large number of people going to the market on the road on the day of the incident, amplified the damage consequences of the accident.
[1] Their actions violated Article 48 of the "Road Traffic Safety Law of the People's Republic of China" "Motor vehicle loads shall comply with the approved load capacity, and overloading is strictly prohibited;...", Second Article 11 “Before driving a motor vehicle on the road, the driver shall carefully check the safety and technical performance of the motor vehicle; he shall not drive a motor vehicle with incomplete safety facilities or parts that do not meet technical standards and other potential safety hazards.”, Second Paragraph 1 of Article 12 “Motor vehicle drivers shall abide by the provisions of road traffic safety laws and regulations, and drive safely and civilly in accordance with operating specifications.”
3. Main issues of enterprises
(1) Hengshan County Julong Logistics Company
Department The source unit of the goods loaded in the vehicle causing the accident is one of the key freight source units in Hengshan County. It failed to fulfill its main responsibility for safety production and had the problem of illegal overloading. The workflow settings are unreasonable, and basic overflow control facilities such as freight source network monitoring and access control systems are not equipped. The video surveillance at the vehicle weighing area cannot be used normally; the registered vehicle license, driver's license, and operating license are not strictly checked when loading goods; The company fabricated the incoming and outgoing goods flow ledger to cope with supervision and inspection; after the incident, the company destroyed or concealed the real incoming and outgoing goods registration ledger, relevant documents, video surveillance and other information.
(2) Beiqi Foton Changsha Automobile Plant
is the manufacturer of the vehicle involved in the accident. After preliminary verification, the company failed to fulfill its main responsibility for the consistency of automobile product production. The actual parameters and announced parameters of the 927 dump low-speed trucks produced during 2015 It does not match, and a certificate of conformity was issued for this batch of products. There is a production consistency problem.
(3) Changsha Aoxiang Automobile Sales and Service Co., Ltd.
is a sales company of the vehicle involved in the accident. Knowing that the actual maintenance quality of the vehicle involved in the accident was obviously inconsistent with the maintenance quality marked on the certificate and that it could not be registered, in order to obtain improper benefits, Together with relevant personnel from intermediaries and testing agencies, sales are carried out by promising to include a license plate. After preliminary verification, as of the time of the accident, the company had sold a total of 30 vehicles of the same model as the vehicle involved in the accident.
(4) Changsha Wangcheng District Xing'an Motor Vehicle Inspection Co., Ltd.
is the testing organization for the first vehicle registration of the car involved in the accident. The driver He Lu and the intermediaries Tan Kai and Liu Hai used a qualified Foton Times King Kong (model 628) The low-speed dump truck replaced the unqualified overweight vehicle that caused the accident and passed the line inspection, and issued a motor vehicle safety technical inspection report. After preliminary verification, as of the time of the accident, the company had issued similar motor vehicle safety technical inspection reports for five vehicles of the same model.
(5) Changsha Jin'an Automobile Inspection Center has Co., Ltd.
The vehicle involved in the accident conducted three motor vehicle inspections at the company on January 13, 2016, January 18, 2017, and January 23, 2018. Safety technical inspections all meet relevant requirements.
(6) Xiangtan Ji'an Motor Vehicle Service Co., Ltd.
is the testing agency for the 2019 annual vehicle inspection of the vehicle involved in the accident. The driver Zhang Yong was instructed by the legal representative Cheng Jun and requested by Zhao Tiechi (former owner) to send the actual vehicle inspection through the dispatcher Xie Lu The axle weight (curb weight) of 4180kg was tampered with to 2478kg, and a false technical inspection report was issued.
4. Main issues related to local party committees, governments and departments
(1) Xiangtan City
1. Xiangtan County Transportation Bureau
(1) failed to declare and set up over-limit and overload mobile detection points as required, and failed to take the lead in establishing a long-term mechanism for joint law enforcement. After investigation, the county applied for approval to set up two fixed over-limit detection stations (Wujiagang over-limit detection station is located at 1777KM+100M on line 107, and the Hekou unloading site is on line S216 of Hekou Village, Hekou Town, , Huashi, Xiangtan County). The daily traffic flow survey data of highway trucks at the observation point is 300 vehicles. The bureau has not studied and applied for the establishment of mobile over-limit detection points in addition to fixed detection stations, taking into account the regional road freight flow direction, road network structure, over-limit and overloading characteristics of vehicles, and the establishment of highway traffic police law enforcement stations.
After investigation, Xiangtan County has 120,097 cars, 7,535 eight-category key vehicles, and 7,308 low-speed trucks. The average daily traffic flow survey data of highway trucks from January to September 2019 at the Wujiagang Over-limit Detection Station is: 2,977 vehicles; from January to September 2019, only 20 over-limit and overloaded vehicles were investigated and punished in the county, and road administration fined 2.5858 million yuan (including overloading fines of 179,100 yuan). The traffic police fined only 2,400 yuan, and the penalty rate was low. The bureau did not take the lead in organizing normalized joint law enforcement. The overtaking control station mainly focused on road administrative penalties and did not fully implement the joint law enforcement model and the penalty rate was low. It was not in compliance with the Ministry of Transport and the Ministry of Public Security's "On the Normalization and Institutionalization of Joint Law Enforcement to Control Vehicle Overruns and Overloading" Implementation Opinions of the Work (Trial)” (Jiaogongfa [2017] No. 173), Hunan Provincial Department of Transportation and Hunan Provincial Department of Public Security issued the “Implementation of the Normalization and Institutionalization of Joint Law Enforcement in Hunan Province to Control Over-limit and Overloaded Vehicles” Plan" (Xiangjiao Road [2018] No. 55) [2].
[2] Hunan Provincial Department of Transportation and Hunan Provincial Public Security Department issued the "Implementation Plan for the Regularization and Institutionalization of Joint Law Enforcement in Controlling Overlimited and Overloaded Vehicles in Hunan Province" (Xiangjiao Road [2018] No. 55): Transportation and Public Security Departments It is necessary to study and formulate the setting and optimization plan of over-limit detection stations and over-limit detection points based on the regional road freight flow direction, road network structure, over-limit and over-loading characteristics of vehicles, and the setting of public security and traffic police law enforcement stations, and submit it to the provincial people's government for approval. implementation. Information related to over-limit testing stations (points) must be disclosed in a timely manner in accordance with relevant regulations.
(2) The ground structures in the construction control areas on both sides of the highway in the accident section were not demolished by law. After investigation, the bureau found that the problem of illegally built awnings rebounding in the construction control area of the Rihua Village Road Market section of X018 County Road in Xiangtan County in 2018 was not enforced and dismantled in a timely manner, which did not meet the requirements of the Highway Law [3].
[3] Article 81 of the "Highway Law of the People's Republic of China" stipulates that "anyone who violates the provisions of Article 56 of this Law by constructing buildings or ground structures within the highway construction control area or burying pipelines, cables and other facilities without authorization shall be subject to The competent transportation department shall order it to be demolished within a time limit and may impose a fine of not more than 50,000 yuan. If the construction is not demolished within the time limit, the competent transportation department shall dismantle it, and the relevant costs shall be borne by the builder and constructor."
2. The Traffic Police Brigade of Xiangtan County Public Security Bureau
(1) failed to investigate and deal with traffic violations of low-speed trucks. After investigation, the brigade has not actively participated in joint law enforcement to control overflow traffic and carried out targeted special rectification actions for low-speed truck traffic safety law enforcement since 2019, which is not in compliance with the Hunan Provincial Department of Transportation and the Hunan Provincial Public Security Department’s "Hunan Province Vehicle Control Law" issued by the Hunan Provincial Department of Transportation and the Hunan Provincial Public Security Department. Implementation Plan for the Normalization and Institutionalization of Joint Law Enforcement of Overlimit and Overloading" (No. 55, Xiangjiao Road [2018]), General Office of the People's Government of Hunan Province "Opinions on Further Strengthening Rural Road Traffic Safety Work" (issued by the Hunan Government Office [2016] No. 61) [4] requirements.
[4] "Opinions on Further Strengthening Rural Road Traffic Safety Work" issued by the General Office of the People's Government of Hunan Province (Xiangzhengbanfa [2016] No. 61): Strengthening rural road traffic safety management: focusing on solving the management problems of five types of vehicles. People's governments at all levels should focus on strengthening the rectification of five types of vehicles operating in rural areas, including passenger buses, minivans, motorcycles, school buses, and low-speed trucks, and take effective measures to prevent and reduce traffic accidents. The relevant requirements of Tanzhengbanfa [2017] No. 31 are the same as above.
(2) Did not organize or participate in regular joint law enforcement inspections and road control in the road market. After investigation, the brigade did not organize or participate in the regular joint law enforcement inspection and road control of the Rihua Street rural market in 2019. On the day of the accident, the brigade and its subordinate No. 6 Squadron did not target the Rihua Street rural market road. Enforcement of traffic safety is inconsistent with the "Opinions on Further Strengthening Rural Road Traffic Safety" (Tanzhengbanfa [2017] No. 31) and the "Emergency Notice on Effectively Strengthening Rural Local Road Accident Prevention" by the Xiangtan Municipal People's Government Office 》 (Xiang Road Committee [2019] No. 4) [5], "Xiangtan County Rural Road Safety Protection Action Work Plan" (Tan Road Committee [2019] No. 7).
5 Article 2 of the "Notice" stipulates: It is necessary to increase the supervision of law enforcement during key periods and key sections of rural roads, especially during key periods such as folk festivals, rural gatherings, primary and secondary school students returning home from school on weekends, and returning to school on Sundays.
(3) Vehicle registration is not properly controlled. No issue with the safety technical inspection agency providing false inspection reports was found, and vehicles that did not meet the announced parameters were registered.
3. After investigation, the Xiangtan County Commerce Bureau
found that when the bureau organized the acceptance of road market rectification work in October 2018 and organized a "look back" in April 2019, it urged the Huashi Town Government to study and solve measures to solve road market problems. The inspection and acceptance of the renovation of the Rihua Road Market in Huashi Town is not strict, and the follow-up supervision is not in place.
4. After investigation, the Xiangtan County Market Supervision and Administration Bureau
found that the supervision and management of the inspection and testing institutions of Xiangtan Ji'an Company was not in place, and no illegal behavior was found by the staff of Xiangtan Ji'an Company in tampering with the axle weight (maintenance quality) data of the accident vehicle. In line with the "Management Measures for the Qualification Certification of Inspection and Testing Institutions" ( General Administration of Quality Supervision, Inspection and Quarantine No. 163) [6] and the Ministry of Public Security and General Administration of Quality Supervision, Inspection and Quarantine " Opinions on Strengthening and Improving Motor Vehicle Inspection Work" " (Transportation Administration [2014] No. 138) [7] requirements.
[6] "Measures for the Administration of Qualification Certification of Inspection and Testing Institutions" (No. 163 of the State Administration of Quality Supervision, Inspection and Quarantine): Article 5 The quality and technical supervision departments of the people's governments at or above the county level are responsible for the supervision and management of inspection and testing institutions within their jurisdiction.
Article 33 The quality and technical supervision departments at the prefectural (city) and county levels shall supervise and inspect the inspection and testing institutions within their jurisdiction, investigate and deal with illegal activities in accordance with the law, and report the investigation results to the provincial qualification accreditation department. If it involves the National Certification and Accreditation Administration or other provincial qualification accreditation departments, the provincial qualification accreditation departments shall be responsible for reporting or notifying.
[7] "Opinions on Strengthening and Improving Motor Vehicle Inspection Work" by the General Administration of Quality Supervision, Inspection and Quarantine of the Ministry of Public Security (Business Administration [2014] No. 138): Quality supervision departments in various regions should speed up the improvement of classified supervision of inspection agencies and strengthen the implementation of national agency regulations on inspection agencies. Supervision of the status of motor vehicle safety technical inspection standards, and regular supervision and inspection of the inspection qualifications, inspection equipment, management systems, inspection environment, inspection processes, inspection reports, etc. of the inspection agencies.
5. The People’s Government of Huashi Town, Xiangtan County
(1) does not have adequate driver education management. After investigation, Ou Haihong, the driver of the vehicle involved in the accident, failed to go through the transfer procedures in time after purchasing the vehicle involved in the accident in March 2019. He had a weak safety awareness, ignored the safety and technical condition inspection of the vehicle, and drove on the road with a serious overload. The town's local education management Not in place.
(2) The main responsibility of the road market rectification work was not implemented well, and the Rihua Road Market was not completely banned. First, the town people's government did not pay enough attention to the road market regulation work and acted slowly. The clean-up and crackdown were not timely and incomplete, and it was notified by Xiangtan County many times. Second, the supporting facilities of the newly-built Rihua Market were not perfect, such as water, electricity, Toilets, awnings and other facilities are not in place, and the town party committee and government have not actively studied countermeasures and taken effective measures to solve the above problems. The town government has not made progress in time, and the market relocation has still not been completed in the past six months; third, the market relocation in 2018 is still not completed. From the first half of 2019 to the first half of 2019, 36 steel structure awnings were illegally erected on both sides of the Rihua Market again. Publicity, supervision and persuasion were not in place, and the law enforcement forces of various departments were not actively organized and coordinated for their timely removal.
(3) There is insufficient attention to road traffic safety in the Rihua Road Market and poor management and control. After investigation, on the day of the incident, the town government did not take targeted preventive measures to organize and coordinate relevant departments to dispatch personnel to strengthen safety management and control on this road section, which was inconsistent with the "Opinions on Further Strengthening Rural Road Traffic Safety Work" by the Xiangtan Municipal People's Government Office (Tan Government Office issued [2017] No. 31) [8].
[8] Xiangtan Municipal People's Government Office's "Opinions on Further Strengthening Rural Road Traffic Safety" (Tanzhengbanfa [2017] No. 31): Implementing rural road traffic safety responsibilities (1) Strengthening territorial management responsibilities. The people's governments of all counties and cities, parks and demonstration zones, and management committees must establish and improve the responsibility system of "the party and government share the same responsibilities, and one post has dual responsibilities" for rural road traffic safety, and conscientiously implement the county-level people's governments, parks, and demonstration zones management committees It is a working mechanism for rural road traffic safety management that takes overall responsibility and the township people's governments take the main responsibility. The people's governments of all counties and cities, as well as the management committees of parks and demonstration areas, must strictly implement the policy that county-level leaders guarantee townships and main transportation roads, township cadres guarantee villages and rural roads, and village committee (community neighborhood committee) cadres guarantee vehicles and road sections. , "Guarantee Responsibility System" for rural road traffic safety that covers drivers, and effectively strengthen rural road traffic safety management, supervision and inspection. Improve the comprehensive supervision working mechanism for rural road traffic safety at the three levels of city, county and township (town). Townships (including agriculture-related offices) should establish a coordination mechanism for rural road traffic safety and be responsible for implementing the work deployment of the higher-level road traffic safety committee, research and implementation The annual traffic safety work tasks of this administrative region are to coordinate and solve specific problems related to traffic safety work.
6. Xiangtan County People's Government
(1) After investigation, the county's anti-overtaking work mainly focused on road administrative penalties, failed to fully implement the joint law enforcement model and the penalty rate was low, failed to declare and set up mobile inspection points in accordance with regulations, and failed to take the lead in establishing joint The organization and guidance on issues such as the long-term mechanism for law enforcement are insufficient.
(2) did not strictly inspect and accept the banning results of some road markets. After investigation, on March 18, 2019, the Xiangtan County People's Government reported that all road markets in the county had been banned [9]. However, until the day of the incident, the Rihua Village Road Market had not been banned. The comprehensive improvement acceptance assessment of the road market Work control is not strict, and the supervision and implementation of the rectification work of some road markets in 2018 is not in place.
[9] Xiangtan County People's Government Office "Notice on the Assessment Results of the Comprehensive Road Market Improvement Work in 2018" (Tan County Government Office Letter [2019] No. 22).
7. Xiangtan Municipal Transportation Bureau
After investigation, it was found that this bureau is the leading unit of the municipal overflow control office. In the city’s overflow control work, it mainly focuses on road administrative penalties, fails to fully implement the joint law enforcement model[10], and fails to declare and set up mobile traffic in accordance with regulations. Major issues such as inspection points and the failure to establish a long-term mechanism for joint law enforcement are poorly organized and guided.
[10] The Ministry of Transport and the Ministry of Public Security's "Implementation Opinions on the Normalization and Institutionalization of Joint Law Enforcement for Controlling Overlimited and Overloaded Vehicles (Trial)" (Jiaogong Road Fa [2017] No. 173): The public security department and the transportation department found that overloaded vehicles were used during law enforcement. For overloaded vehicles, in addition to being ordered to unload and receiving penalty points according to law, the relevant information should be sent to the transportation management department, and the transportation management department will impose penalties on freight vehicles, drivers, and transportation companies in accordance with the law. And the transportation law enforcement agency will impose penalties on freight site operators in accordance with the law.
Notice from the Hunan Provincial Department of Transportation and the Hunan Provincial Public Security Department on the issuance of the "Hunan Province Implementation Plan for the Normalization and Institutionalization of Joint Law Enforcement to Control Overlimited and Overloaded Vehicles" (Xiangjiao Road Administration [2018] No. 55): Station-based joint law enforcement has not been implemented , the transportation department is responsible for weighing, testing and supervising the elimination of illegal activities, and notifying the public security department, which must arrive at the station in time to implement penalties and score points.
(2) Hengyang City
8. Hengshan County Highway Maintenance Center (formerly Hengshan County Highway Administration Bureau)
failed to declare and set up over-limit and overload mobile detection points as required, and failed to take the lead in establishing a long-term mechanism for joint law enforcement. After investigation, the county applied for approval to set up a fixed over-limit detection station (Baliping over-limit detection station is located at G107 1749K+300m, and Shaquan over-limit detection station was canceled in June 2019). The bureau did not combine the freight transportation in the region. Based on the traffic flow direction, road network structure, over-limit and overloading characteristics of vehicles, and the setting up of highway traffic police law enforcement stations, study and apply for the establishment of flow over-limit detection points. There is no over-limit detection station set up on the quarry section of Kaiyun Town, and no reasonable mobile law enforcement plan has been formulated.
After investigation, the county's Supermarket Control Station detected a total of 17,545 over-limit vehicles from January 1 to September 1, 2019. However, the penalty ledger as of September 26, 2019 showed that 483 vehicles were punished, and the penalty rate was low. . The minutes of the bureau’s monthly meeting on September 5, 2019 showed that “this year, 446 vehicles were investigated and punished, with a fine of 1.018 million yuan, but they were not handed over to the traffic police and transportation management.” The bureau did not take the lead in organizing regular joint law enforcement. It mainly focused on road fines and had little interaction with the traffic police and transportation management. It was not in line with the implementation opinions of the Ministry of Transport and the Ministry of Public Security on the normalization and institutionalization of joint law enforcement for over-limit and overloaded vehicles. (Trial)" (Jiao Gong Road Fa [2017] No. 173), the Hunan Provincial Department of Transportation and the Hunan Provincial Public Security Department issued the "Implementation Plan for the Normalization and Institutionalization of Joint Law Enforcement in Controlling Overlimited and Overloaded Vehicles in Hunan Province" (Xiang Jiao Road [2018] No. 55) [11].
[11] "Implementation Plan for the Normalization and Institutionalization of Joint Law Enforcement to Control Over-limit and Overloaded Vehicles in Hunan Province" (Xiangjiao Road [2018] No. 55): Transportation and public security departments at all levels must carry out regular inspections on ordinary highways, expressways, and freight Joint law enforcement will be fully implemented in areas such as the source, and the illegal over-limit and over-load transportation behavior where the total mass of vehicles and cargo exceeds the "Identification Standards for Over-limit and Over-loading of Highway Freight Vehicles" will be strictly regulated to avoid repeated penalties.
(1) Joint law enforcement at fixed points. For over-limit detection stations located at interprovincial, intersections of multiple national or provincial highways, or main cargo transportation channels, local highway management agencies and public security and transportation management departments should implement station-based joint law enforcement.
(2) Mobile joint law enforcement. For ordinary highways that do not have over-limit detection stations, the highway management agency and the public security and transportation management department should establish a consultation mechanism to jointly carry out mobile detection from time to time. For areas where deliberate detours are used to avoid detection or short-distance over-limit transportation is serious, the frequency of joint mobile inspections should be increased.
9. After investigation, the Hengshan County Transportation Bureau
found that the bureau lacked effective supervision over Julong Logistics, a key freight source unit. Stationing, patrolling, and spot checks were just a formality. It also failed to manage the long-term absence of Julong Logistics personnel, which was not in compliance with the " Opinions on Further Improving the Control of Illegal Modifications and Overloading of Trucks" (Jiaogong Highway Fa [2016] No. 124) [12].
[12] "Opinions on Further Improving the Control of Illegal Modifications and Overloading of Trucks" (Jiaogong Road Fa [2016] No. 124): Strengthen supervision of cargo loading sources and road law enforcement (7) Strengthen supervision of key freight sources. Local road transport management agencies, together with relevant departments, will strengthen inspections of cargo distribution centers such as mines, cement plants, ports, and logistics parks, identify key freight source units, and report to the local government for approval before announcing them to the public; guide freight source units to install and use weighing equipment, and take measures to Law enforcement officers will be stationed at locations, inspected, and video monitored to strengthen the supervision of cargo loading work in key freight source units, and prevent over-limit and overloaded vehicles from driving on the road from the source. Clean up and ban illegal coal yards, sand and gravel yards and other cargo distribution stations along the highway to prevent trucks from loading midway.
10. After investigation by the Traffic Police Brigade of Hengshan County Public Security Bureau
, it was found that the brigade failed to investigate and deal with illegal traffic violations by low-speed trucks. Since 2019, it has not actively participated in joint law enforcement to control overloading and carried out targeted low-speed truck traffic safety law enforcement and special rectification actions, which is inconsistent with the Hunan Provincial Department of Transportation and the Hunan Provincial Public Security Department’s issuance of the "Hunan Provincial Joint Law Enforcement to Control Overlimited and Overloaded Vehicles" Implementation Plan for the Regularization and Institutionalization of Law Enforcement" (Xiangjiao Road [2018] No. 55), and the General Office of the Hunan Provincial People's Government "Opinions on Further Strengthening Rural Road Traffic Safety" (Xiangzhengbanfa [2016] No. 61) requirements.
11. Hengshan County People's Government
After investigation, the county's overload control work has insufficient supervision and management of key freight source units. The overload control station mainly focuses on road administrative penalties. The joint law enforcement model is not fully implemented and the penalty rate is low and regulations are not followed. There was insufficient supervision and guidance on issues such as applying for the establishment of mobile testing points and failing to take the lead in establishing a long-term mechanism for joint law enforcement.
12. Hengyang Municipal Highway Construction and Maintenance Center (formerly Hengyang Municipal Highway Administration Bureau)
After investigation, it was found that this bureau is the leading unit of the municipal overload control office. It has failed to deploy and provide guidance for the special work of overload control and overload control. Mainly focusing on road administration penalties, major problems such as failure to fully implement the joint law enforcement model, failure to declare and set up mobile inspection points in accordance with regulations, and failure to establish a long-term mechanism for joint law enforcement have been neglected.
13.Hengyang Municipal People's Government
Hengyang Municipal People's Government does not pay enough attention to the work of overtaking control. It leaves the key and difficult work of overtaking control, which requires multi-department coordination and law enforcement, to the Municipal Highway Construction and Maintenance Center of the public institution to take the lead, which is neither consistent nor consistent. The country’s overall requirements for the de-administrative reform of public institutions have also affected the effectiveness of super governance.
(3) Changsha City
14. Changsha Industrial and Commercial Bureau High-tech Zone Branch
After investigation, this bureau is responsible for the supervision and management of automobile brand sales within its scope of responsibility, and the daily supervision and inspection of the involved company Changsha Aoxiang Automobile Sales and Service Co., Ltd. is not detailed , no problem was found that the quality of the vehicles sold by the company was inconsistent with the certificates and announced parameters. It does not meet the requirements of Hunan Provincial Administration for Industry and Commerce "Notice on Issuing the Functional Configuration, Internal Structure and Staffing Regulations of the Changsha Administration for Industry and Commerce" (Xiang Gongshang Zi [2002] No. 11) [13].
[13] Hunan Provincial Administration for Industry and Commerce "Notice on Issuing the Functional Configuration, Internal Structure and Staffing Regulations of the Changsha Administration for Industry and Commerce" (Xiang Gongshang Zi [2002] No. 11): Organize and supervise the market in this city in accordance with the law Transaction behavior, organize and supervise the quality of commodities in the circulation field, and organize the investigation and punishment of counterfeiting and other illegal activities.
15. Wangcheng District Market Supervision and Administration Bureau
After investigation, the bureau failed to supervise Wangcheng Xing'an Company's illegal behavior of using qualified vehicles instead of online inspections and falsifying maintenance and quality data five times, including on February 3, 2015, Xing'an Company used qualified vehicles The "Motor Vehicle Safety Technical Inspection Report" issued to the accident vehicle was issued in place of the online inspection of the accident vehicle and the quality data of the repair and maintenance was forged. It does not comply with Articles 5 and 33 of the "Management Measures for the Qualification Certification of Inspection and Testing Institutions" (No. 163 of the General Administration of Quality Supervision, Inspection and Quarantine) and the "Opinions on Strengthening and Improving Motor Vehicle Inspection Work" of the Ministry of Public Security and the General Administration of Quality Supervision, Inspection and Quarantine (State Administration of Quality Supervision, Inspection and Quarantine No. 163). The requirements of Article 18 of the Public Transport Administration (2014) No. 138).
16. Traffic Police Brigade of Wangcheng Branch of Changsha Public Security Bureau (formerly Traffic Police Brigade of Wangcheng County Public Security Bureau)
After investigation, the motor vehicle inspection and registration work of the Vehicle Management Office of this brigade was not properly managed. Although the identity certificate of the owner of the vehicle involved in the accident and the uniform invoice for motor vehicle sales were reviewed, no illegal behavior of Wangcheng Xing'an Company's falsification of maintenance and quality data was found five times, and motor vehicle license plates and driving licenses were issued. Among them, on February 6, 2015 The "Motor Vehicle Safety Technical Inspection Report" issued by Xing'an Company was compared with the technical parameters of the announced catalog. No problem was found that the actual maintenance quality was inconsistent with the certificate and the announced parameters. The motor vehicle license plate and driving license were issued, and they did not meet the requirements. The requirements of the Ministry of Public Security and the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China on "Opinions on Strengthening and Improving Motor Vehicle Inspection Work" (General Administration of Public Transport [2014] No. 138) [14].
[14] "Opinions on Strengthening and Improving Motor Vehicle Inspection Work" by the General Administration of Quality Supervision, Inspection and Quarantine of the Ministry of Public Security (Business Administration [2014] No. 138): Article 18 Establish a joint supervision and inspection mechanism. The traffic management departments of public security organs in various places should set up special agencies or arrange specialized personnel to strengthen the supervision and management of inspection agencies through network monitoring, patrol inspections, file review, etc. Establish a supervision and spot check system for inspection system software. Those who do not comply with national standards, reserve tampered data interfaces, install tampered data programs and other irregularities will be blacklisted and notified nationwide. The persons in charge of the inspection agencies and inspection software companies involved and those who directly The responsible persons shall be held accountable in accordance with the law, and if a crime is constituted, criminal responsibility shall be resolutely pursued in accordance with the law.
17. After investigation, the Changsha Municipal Commerce Bureau
found that the bureau, which is responsible for automobile brand sales management, does not carry out industry management work well in the field of commodity circulation (auto sales), and does not conduct detailed daily supervision and inspection of automobile sales enterprises. It does not meet the requirements of Article 39[15] of the "Implementation Measures for Automobile Brand Sales Management" (Ministry of Commerce Order No. 10, 2005) of the Ministry of Commerce, the National Development and Reform Commission, and the State Administration for Industry and Commerce.
[15] Article 39 of the "Implementation Measures for Automobile Brand Sales Management" of the National Development and Reform Commission of the Ministry of Commerce and the State Administration for Industry and Commerce (Ministry of Commerce Order No. 10, 2005) "The competent commerce departments and industrial and commercial administrative departments must Take effective measures within the scope of their respective responsibilities to strengthen the supervision and management of automobile trading activities and automobile trading markets, and investigate and deal with illegal business activities in accordance with the law."
18. After investigation, the Changsha Municipal Market Supervision Administration
inspected the county and city quality supervision departments. The supervision and inspection work of the inspection agency was ineffective. From July 11, 2011 to November 6, 2016, 164 low-speed trucks (including accident vehicles) with inconsistent maintenance quality passed the inspection at the inspection agency in violation of regulations and did not meet the requirements of the " Articles 5 and 33 of the "Measures for the Administration of Qualification Certification of Inspection and Testing Institutions" (State Administration of Quality Supervision, Inspection and Quarantine No. 163) and in accordance with the "Opinions on Strengthening and Improving Motor Vehicle Inspection Work" (General Administration of Public Transport [2014] No. 138) Requirements of Article 18.
5. Suggestions for handling the units and persons responsible for the accident
(1) Persons who have been subject to criminal compulsory measures by judicial authorities
1. Suspected of traffic accidents (1 person)
(1) Ou Haihong, male, 52 years old. He was arrested with the approval of the procuratorate on suspicion of traffic accident.
2. Suspected of major liability accidents (3 persons)
(2) Tan Junliang, male, 47 years old, is the legal representative of Julong Logistics. He was arrested with the approval of the procuratorate on suspicion of serious accidents.
(3) Tan Wenbin, male, 67 years old, is the person in charge of production safety at Julong Logistics. He was arrested with the approval of the procuratorate on suspicion of serious accidents.
(4) Wen Bin, female, 29 years old, is a weigher at Julong Logistics. He was arrested with the approval of the procuratorate on suspicion of serious accidents.
3. Suspected of producing and selling counterfeit and inferior products (2 people)
(5) He Jiming, male, 49 years old, is one of the shareholders of Aoxiang Company and is responsible for the daily management of the company. He was arrested with the approval of the procuratorate on suspicion of selling counterfeit and substandard products.
(6) Deng Sijian, male, 32 years old, was a salesman of Aoxiang Company at that time. The vehicle No. A20816 that caused the accident was sold by Deng Sijian to Zhou Weizhi.He was arrested with the approval of the procuratorate on suspicion of selling counterfeit and substandard products.
4. Suspected of providing false certification documents (9 people)
(7) Tan Kai, male, 55 years old, is the agency for the first registration of Hunan A20816 car. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(8) Liu Hai, male, 37 years old, is the agency that registered Hunan A20816 car in 2015. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(9) He Lu, male, 42 years old, is the deputy director of the Wangcheng Xing’an Motor Vehicle Inspection Station in Changsha City. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(14) Zhou Weizhi, male, 42 years old, is the first owner of Hunan A20816 car. He was released on bail by the public security organ pending trial on suspicion of providing false certification documents.
(15) Zhao Tiechi, male, 46 years old, is the fifth owner of Hunan A20816 car. He was released on bail by the public security organ pending trial on suspicion of providing false certification documents.
(2) Relevant companies
violated the law against four companies and related personnel: Hengshan County Julong Logistics Company, Changsha Aoxiang Automobile Sales and Service Co., Ltd., Changsha Wangcheng District Xing'an Motor Vehicle Inspection Co., Ltd., and Xiangtan Ji'an Motor Vehicle Service Co., Ltd. For violations, it has been recommended that relevant local authorities impose administrative penalties in accordance with the law; persons suspected of criminal offenses will be transferred to judicial authorities for processing.
(3) Relevant public officials
Materials on problems found during the investigation of the accident regarding the performance of public servants of party committees, governments and relevant departments at all levels have been handed over to the Hunan Provincial Commission for Discipline Inspection and the Provincial Supervisory Committee. Party and government disciplinary sanctions against relevant personnel and handling opinions of relevant units shall be proposed by the disciplinary inspection commissions and supervisory commissions at all levels with corresponding management authority.
6. Suggestions on accident prevention measures
(1) Earnestly implement the spirit of the Fourth Plenary Session of the 19th CPC Central Committee and comprehensively strengthen the construction of government governance capabilities
The occurrence of accidents is somewhat accidental, but it also reveals the consequences of individual local governments and their law enforcement and supervision departments in our province. The problem of poor management. Departments of industry, information technology, and market supervision must supervise the production consistency of automobile manufacturers' products, and quality inspection, market supervision departments, and public security and traffic police must inspect vehicles before they are put on the road. Controlling overcrowding is a key task in road transportation and traffic safety supervision. The national regulations on controlling overcrowding are very detailed, but grassroots governments and departments have not carefully studied it thoroughly, and the lessons learned from the accident are profound. Therefore, in order to reverse the passive situation of production safety, formalism and bureaucracy must be overcome. Regulatory departments must perform their duties correctly and strictly enforce the law. They must follow the principle of hierarchical territorial management and consolidate the responsibilities of local governments and departments in the supervision of production safety. Only then can production safety accidents be effectively contained and social governance capabilities improved.
(2) Improve the joint overload control mechanism in accordance with the law and implement the main responsibility of the source of overload control.
In accordance with the requirements of the Ministry of Transport and the Ministry of Public Security's "Implementation Opinions on the Normalization and Institutionalization of Joint Law Enforcement for Controlling Overlimited and Overloaded Vehicles (Trial)", establish Normalized joint supervision working mechanism. Governments at all levels should strengthen the organizational leadership of the work of controlling ultraviolet rays, increase investment in superfluity control, improve the level of scientific and technological ultraviolet control, strengthen education and training in superfluity control, and improve the safety awareness of employees. Transportation and public security traffic management departments should actively carry out joint law enforcement at fixed points, mobile, highway entrances, and freight sources, conscientiously implement the "one super, four investigation" system, further refine the joint law enforcement work process of inspection stations, and strictly investigate illegal activities such as overloading and overloading in accordance with the law. . Strengthen the supervision and rectification of the source of freight, urge enterprises to implement their main responsibilities for controlling overloading and safe production, and prevent over-limit and overloaded vehicles from leaving the terminal at the source.
(3) Strengthen the management of hidden dangers in the road market and purify the highway traffic environment
There are major safety hazards in the road market, which seriously affect road safety and smoothness. Party committees and governments at all levels must earnestly fulfill their territorial management responsibilities, take effective measures to resolutely ban road markets, strengthen the law enforcement forces of towns and villages, and ensure that work responsibilities are fulfilled. It is necessary to increase financial investment and accelerate the construction of rural trade markets, which will not only eliminate hidden dangers in traffic safety, but also meet the production and living needs of the broad masses of the people.It is necessary to build a long-term management working mechanism with smooth coordination and close cooperation between township governments and functional departments to form synergy.
(4) Strengthen the closed-loop management of vehicle production, sales, testing and registration, and strictly control the source of vehicles.
"Large-ton, small-standard" vehicles are put on the market for sale, which has brought major safety hazards to the road. The industry and information technology departments must strengthen the supervision and management of motor vehicle manufacturing enterprises and product access, and ensure production access. The commerce department should strengthen the supervision and management of vehicle sales enterprises and their related service activities. Market supervision and management departments must strengthen supervision of vehicle production and sales, and investigate and punish illegal activities in violation of mandatory standards in production and sales in accordance with the law. Market supervision and public security departments should target the phenomenon of vehicle testing agencies using computer software to falsify data, strengthen joint law enforcement, innovate regulatory measures, supervise the implementation of the main responsibilities of safety production, rectify the motor vehicle testing industry, and resolutely crack down on violations of vehicle testing laws and regulations.
(5) Strengthen traffic safety publicity and education, and improve drivers’ awareness of self-discipline
It is necessary to improve drivers’ awareness of vehicle safety performance maintenance and repair, promptly eliminate various vehicle hidden dangers that affect safe driving, and ensure driving safety. It is necessary to strengthen safety education, training, and examination work to improve drivers' safety awareness and law-abiding awareness. It is necessary to strengthen news media publicity, produce traffic safety public service advertisements, regularly broadcast driving safety tips and typical traffic accident cases, carry out traffic safety publicity and education through multiple means and channels, and comprehensively improve accident prevention capabilities.
Source: Hunan Provincial Emergency Management Department
[7] "Opinions on Strengthening and Improving Motor Vehicle Inspection Work" by the General Administration of Quality Supervision, Inspection and Quarantine of the Ministry of Public Security (Business Administration [2014] No. 138): Quality supervision departments in various regions should speed up the improvement of classified supervision of inspection agencies and strengthen the implementation of national agency regulations on inspection agencies. Supervision of the status of motor vehicle safety technical inspection standards, and regular supervision and inspection of the inspection qualifications, inspection equipment, management systems, inspection environment, inspection processes, inspection reports, etc. of the inspection agencies.
5. The People’s Government of Huashi Town, Xiangtan County
(1) does not have adequate driver education management. After investigation, Ou Haihong, the driver of the vehicle involved in the accident, failed to go through the transfer procedures in time after purchasing the vehicle involved in the accident in March 2019. He had a weak safety awareness, ignored the safety and technical condition inspection of the vehicle, and drove on the road with a serious overload. The town's local education management Not in place.
(2) The main responsibility of the road market rectification work was not implemented well, and the Rihua Road Market was not completely banned. First, the town people's government did not pay enough attention to the road market regulation work and acted slowly. The clean-up and crackdown were not timely and incomplete, and it was notified by Xiangtan County many times. Second, the supporting facilities of the newly-built Rihua Market were not perfect, such as water, electricity, Toilets, awnings and other facilities are not in place, and the town party committee and government have not actively studied countermeasures and taken effective measures to solve the above problems. The town government has not made progress in time, and the market relocation has still not been completed in the past six months; third, the market relocation in 2018 is still not completed. From the first half of 2019 to the first half of 2019, 36 steel structure awnings were illegally erected on both sides of the Rihua Market again. Publicity, supervision and persuasion were not in place, and the law enforcement forces of various departments were not actively organized and coordinated for their timely removal.
(3) There is insufficient attention to road traffic safety in the Rihua Road Market and poor management and control. After investigation, on the day of the incident, the town government did not take targeted preventive measures to organize and coordinate relevant departments to dispatch personnel to strengthen safety management and control on this road section, which was inconsistent with the "Opinions on Further Strengthening Rural Road Traffic Safety Work" by the Xiangtan Municipal People's Government Office (Tan Government Office issued [2017] No. 31) [8].
[8] Xiangtan Municipal People's Government Office's "Opinions on Further Strengthening Rural Road Traffic Safety" (Tanzhengbanfa [2017] No. 31): Implementing rural road traffic safety responsibilities (1) Strengthening territorial management responsibilities. The people's governments of all counties and cities, parks and demonstration zones, and management committees must establish and improve the responsibility system of "the party and government share the same responsibilities, and one post has dual responsibilities" for rural road traffic safety, and conscientiously implement the county-level people's governments, parks, and demonstration zones management committees It is a working mechanism for rural road traffic safety management that takes overall responsibility and the township people's governments take the main responsibility. The people's governments of all counties and cities, as well as the management committees of parks and demonstration areas, must strictly implement the policy that county-level leaders guarantee townships and main transportation roads, township cadres guarantee villages and rural roads, and village committee (community neighborhood committee) cadres guarantee vehicles and road sections. , "Guarantee Responsibility System" for rural road traffic safety that covers drivers, and effectively strengthen rural road traffic safety management, supervision and inspection. Improve the comprehensive supervision working mechanism for rural road traffic safety at the three levels of city, county and township (town). Townships (including agriculture-related offices) should establish a coordination mechanism for rural road traffic safety and be responsible for implementing the work deployment of the higher-level road traffic safety committee, research and implementation The annual traffic safety work tasks of this administrative region are to coordinate and solve specific problems related to traffic safety work.
6. Xiangtan County People's Government
(1) After investigation, the county's anti-overtaking work mainly focused on road administrative penalties, failed to fully implement the joint law enforcement model and the penalty rate was low, failed to declare and set up mobile inspection points in accordance with regulations, and failed to take the lead in establishing joint The organization and guidance on issues such as the long-term mechanism for law enforcement are insufficient.
(2) did not strictly inspect and accept the banning results of some road markets. After investigation, on March 18, 2019, the Xiangtan County People's Government reported that all road markets in the county had been banned [9]. However, until the day of the incident, the Rihua Village Road Market had not been banned. The comprehensive improvement acceptance assessment of the road market Work control is not strict, and the supervision and implementation of the rectification work of some road markets in 2018 is not in place.
[9] Xiangtan County People's Government Office "Notice on the Assessment Results of the Comprehensive Road Market Improvement Work in 2018" (Tan County Government Office Letter [2019] No. 22).
7. Xiangtan Municipal Transportation Bureau
After investigation, it was found that this bureau is the leading unit of the municipal overflow control office. In the city’s overflow control work, it mainly focuses on road administrative penalties, fails to fully implement the joint law enforcement model[10], and fails to declare and set up mobile traffic in accordance with regulations. Major issues such as inspection points and the failure to establish a long-term mechanism for joint law enforcement are poorly organized and guided.
[10] The Ministry of Transport and the Ministry of Public Security's "Implementation Opinions on the Normalization and Institutionalization of Joint Law Enforcement for Controlling Overlimited and Overloaded Vehicles (Trial)" (Jiaogong Road Fa [2017] No. 173): The public security department and the transportation department found that overloaded vehicles were used during law enforcement. For overloaded vehicles, in addition to being ordered to unload and receiving penalty points according to law, the relevant information should be sent to the transportation management department, and the transportation management department will impose penalties on freight vehicles, drivers, and transportation companies in accordance with the law. And the transportation law enforcement agency will impose penalties on freight site operators in accordance with the law.
Notice from the Hunan Provincial Department of Transportation and the Hunan Provincial Public Security Department on the issuance of the "Hunan Province Implementation Plan for the Normalization and Institutionalization of Joint Law Enforcement to Control Overlimited and Overloaded Vehicles" (Xiangjiao Road Administration [2018] No. 55): Station-based joint law enforcement has not been implemented , the transportation department is responsible for weighing, testing and supervising the elimination of illegal activities, and notifying the public security department, which must arrive at the station in time to implement penalties and score points.
(2) Hengyang City
8. Hengshan County Highway Maintenance Center (formerly Hengshan County Highway Administration Bureau)
failed to declare and set up over-limit and overload mobile detection points as required, and failed to take the lead in establishing a long-term mechanism for joint law enforcement. After investigation, the county applied for approval to set up a fixed over-limit detection station (Baliping over-limit detection station is located at G107 1749K+300m, and Shaquan over-limit detection station was canceled in June 2019). The bureau did not combine the freight transportation in the region. Based on the traffic flow direction, road network structure, over-limit and overloading characteristics of vehicles, and the setting up of highway traffic police law enforcement stations, study and apply for the establishment of flow over-limit detection points. There is no over-limit detection station set up on the quarry section of Kaiyun Town, and no reasonable mobile law enforcement plan has been formulated.
After investigation, the county's Supermarket Control Station detected a total of 17,545 over-limit vehicles from January 1 to September 1, 2019. However, the penalty ledger as of September 26, 2019 showed that 483 vehicles were punished, and the penalty rate was low. . The minutes of the bureau’s monthly meeting on September 5, 2019 showed that “this year, 446 vehicles were investigated and punished, with a fine of 1.018 million yuan, but they were not handed over to the traffic police and transportation management.” The bureau did not take the lead in organizing regular joint law enforcement. It mainly focused on road fines and had little interaction with the traffic police and transportation management. It was not in line with the implementation opinions of the Ministry of Transport and the Ministry of Public Security on the normalization and institutionalization of joint law enforcement for over-limit and overloaded vehicles. (Trial)" (Jiao Gong Road Fa [2017] No. 173), the Hunan Provincial Department of Transportation and the Hunan Provincial Public Security Department issued the "Implementation Plan for the Normalization and Institutionalization of Joint Law Enforcement in Controlling Overlimited and Overloaded Vehicles in Hunan Province" (Xiang Jiao Road [2018] No. 55) [11].
[11] "Implementation Plan for the Normalization and Institutionalization of Joint Law Enforcement to Control Over-limit and Overloaded Vehicles in Hunan Province" (Xiangjiao Road [2018] No. 55): Transportation and public security departments at all levels must carry out regular inspections on ordinary highways, expressways, and freight Joint law enforcement will be fully implemented in areas such as the source, and the illegal over-limit and over-load transportation behavior where the total mass of vehicles and cargo exceeds the "Identification Standards for Over-limit and Over-loading of Highway Freight Vehicles" will be strictly regulated to avoid repeated penalties.
(1) Joint law enforcement at fixed points. For over-limit detection stations located at interprovincial, intersections of multiple national or provincial highways, or main cargo transportation channels, local highway management agencies and public security and transportation management departments should implement station-based joint law enforcement.
(2) Mobile joint law enforcement. For ordinary highways that do not have over-limit detection stations, the highway management agency and the public security and transportation management department should establish a consultation mechanism to jointly carry out mobile detection from time to time. For areas where deliberate detours are used to avoid detection or short-distance over-limit transportation is serious, the frequency of joint mobile inspections should be increased.
9. After investigation, the Hengshan County Transportation Bureau
found that the bureau lacked effective supervision over Julong Logistics, a key freight source unit. Stationing, patrolling, and spot checks were just a formality. It also failed to manage the long-term absence of Julong Logistics personnel, which was not in compliance with the " Opinions on Further Improving the Control of Illegal Modifications and Overloading of Trucks" (Jiaogong Highway Fa [2016] No. 124) [12].
[12] "Opinions on Further Improving the Control of Illegal Modifications and Overloading of Trucks" (Jiaogong Road Fa [2016] No. 124): Strengthen supervision of cargo loading sources and road law enforcement (7) Strengthen supervision of key freight sources. Local road transport management agencies, together with relevant departments, will strengthen inspections of cargo distribution centers such as mines, cement plants, ports, and logistics parks, identify key freight source units, and report to the local government for approval before announcing them to the public; guide freight source units to install and use weighing equipment, and take measures to Law enforcement officers will be stationed at locations, inspected, and video monitored to strengthen the supervision of cargo loading work in key freight source units, and prevent over-limit and overloaded vehicles from driving on the road from the source. Clean up and ban illegal coal yards, sand and gravel yards and other cargo distribution stations along the highway to prevent trucks from loading midway.
10. After investigation by the Traffic Police Brigade of Hengshan County Public Security Bureau
, it was found that the brigade failed to investigate and deal with illegal traffic violations by low-speed trucks. Since 2019, it has not actively participated in joint law enforcement to control overloading and carried out targeted low-speed truck traffic safety law enforcement and special rectification actions, which is inconsistent with the Hunan Provincial Department of Transportation and the Hunan Provincial Public Security Department’s issuance of the "Hunan Provincial Joint Law Enforcement to Control Overlimited and Overloaded Vehicles" Implementation Plan for the Regularization and Institutionalization of Law Enforcement" (Xiangjiao Road [2018] No. 55), and the General Office of the Hunan Provincial People's Government "Opinions on Further Strengthening Rural Road Traffic Safety" (Xiangzhengbanfa [2016] No. 61) requirements.
11. Hengshan County People's Government
After investigation, the county's overload control work has insufficient supervision and management of key freight source units. The overload control station mainly focuses on road administrative penalties. The joint law enforcement model is not fully implemented and the penalty rate is low and regulations are not followed. There was insufficient supervision and guidance on issues such as applying for the establishment of mobile testing points and failing to take the lead in establishing a long-term mechanism for joint law enforcement.
12. Hengyang Municipal Highway Construction and Maintenance Center (formerly Hengyang Municipal Highway Administration Bureau)
After investigation, it was found that this bureau is the leading unit of the municipal overload control office. It has failed to deploy and provide guidance for the special work of overload control and overload control. Mainly focusing on road administration penalties, major problems such as failure to fully implement the joint law enforcement model, failure to declare and set up mobile inspection points in accordance with regulations, and failure to establish a long-term mechanism for joint law enforcement have been neglected.
13.Hengyang Municipal People's Government
Hengyang Municipal People's Government does not pay enough attention to the work of overtaking control. It leaves the key and difficult work of overtaking control, which requires multi-department coordination and law enforcement, to the Municipal Highway Construction and Maintenance Center of the public institution to take the lead, which is neither consistent nor consistent. The country’s overall requirements for the de-administrative reform of public institutions have also affected the effectiveness of super governance.
(3) Changsha City
14. Changsha Industrial and Commercial Bureau High-tech Zone Branch
After investigation, this bureau is responsible for the supervision and management of automobile brand sales within its scope of responsibility, and the daily supervision and inspection of the involved company Changsha Aoxiang Automobile Sales and Service Co., Ltd. is not detailed , no problem was found that the quality of the vehicles sold by the company was inconsistent with the certificates and announced parameters. It does not meet the requirements of Hunan Provincial Administration for Industry and Commerce "Notice on Issuing the Functional Configuration, Internal Structure and Staffing Regulations of the Changsha Administration for Industry and Commerce" (Xiang Gongshang Zi [2002] No. 11) [13].
[13] Hunan Provincial Administration for Industry and Commerce "Notice on Issuing the Functional Configuration, Internal Structure and Staffing Regulations of the Changsha Administration for Industry and Commerce" (Xiang Gongshang Zi [2002] No. 11): Organize and supervise the market in this city in accordance with the law Transaction behavior, organize and supervise the quality of commodities in the circulation field, and organize the investigation and punishment of counterfeiting and other illegal activities.
15. Wangcheng District Market Supervision and Administration Bureau
After investigation, the bureau failed to supervise Wangcheng Xing'an Company's illegal behavior of using qualified vehicles instead of online inspections and falsifying maintenance and quality data five times, including on February 3, 2015, Xing'an Company used qualified vehicles The "Motor Vehicle Safety Technical Inspection Report" issued to the accident vehicle was issued in place of the online inspection of the accident vehicle and the quality data of the repair and maintenance was forged. It does not comply with Articles 5 and 33 of the "Management Measures for the Qualification Certification of Inspection and Testing Institutions" (No. 163 of the General Administration of Quality Supervision, Inspection and Quarantine) and the "Opinions on Strengthening and Improving Motor Vehicle Inspection Work" of the Ministry of Public Security and the General Administration of Quality Supervision, Inspection and Quarantine (State Administration of Quality Supervision, Inspection and Quarantine No. 163). The requirements of Article 18 of the Public Transport Administration (2014) No. 138).
16. Traffic Police Brigade of Wangcheng Branch of Changsha Public Security Bureau (formerly Traffic Police Brigade of Wangcheng County Public Security Bureau)
After investigation, the motor vehicle inspection and registration work of the Vehicle Management Office of this brigade was not properly managed. Although the identity certificate of the owner of the vehicle involved in the accident and the uniform invoice for motor vehicle sales were reviewed, no illegal behavior of Wangcheng Xing'an Company's falsification of maintenance and quality data was found five times, and motor vehicle license plates and driving licenses were issued. Among them, on February 6, 2015 The "Motor Vehicle Safety Technical Inspection Report" issued by Xing'an Company was compared with the technical parameters of the announced catalog. No problem was found that the actual maintenance quality was inconsistent with the certificate and the announced parameters. The motor vehicle license plate and driving license were issued, and they did not meet the requirements. The requirements of the Ministry of Public Security and the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China on "Opinions on Strengthening and Improving Motor Vehicle Inspection Work" (General Administration of Public Transport [2014] No. 138) [14].
[14] "Opinions on Strengthening and Improving Motor Vehicle Inspection Work" by the General Administration of Quality Supervision, Inspection and Quarantine of the Ministry of Public Security (Business Administration [2014] No. 138): Article 18 Establish a joint supervision and inspection mechanism. The traffic management departments of public security organs in various places should set up special agencies or arrange specialized personnel to strengthen the supervision and management of inspection agencies through network monitoring, patrol inspections, file review, etc. Establish a supervision and spot check system for inspection system software. Those who do not comply with national standards, reserve tampered data interfaces, install tampered data programs and other irregularities will be blacklisted and notified nationwide. The persons in charge of the inspection agencies and inspection software companies involved and those who directly The responsible persons shall be held accountable in accordance with the law, and if a crime is constituted, criminal responsibility shall be resolutely pursued in accordance with the law.
17. After investigation, the Changsha Municipal Commerce Bureau
found that the bureau, which is responsible for automobile brand sales management, does not carry out industry management work well in the field of commodity circulation (auto sales), and does not conduct detailed daily supervision and inspection of automobile sales enterprises. It does not meet the requirements of Article 39[15] of the "Implementation Measures for Automobile Brand Sales Management" (Ministry of Commerce Order No. 10, 2005) of the Ministry of Commerce, the National Development and Reform Commission, and the State Administration for Industry and Commerce.
[15] Article 39 of the "Implementation Measures for Automobile Brand Sales Management" of the National Development and Reform Commission of the Ministry of Commerce and the State Administration for Industry and Commerce (Ministry of Commerce Order No. 10, 2005) "The competent commerce departments and industrial and commercial administrative departments must Take effective measures within the scope of their respective responsibilities to strengthen the supervision and management of automobile trading activities and automobile trading markets, and investigate and deal with illegal business activities in accordance with the law."
18. After investigation, the Changsha Municipal Market Supervision Administration
inspected the county and city quality supervision departments. The supervision and inspection work of the inspection agency was ineffective. From July 11, 2011 to November 6, 2016, 164 low-speed trucks (including accident vehicles) with inconsistent maintenance quality passed the inspection at the inspection agency in violation of regulations and did not meet the requirements of the " Articles 5 and 33 of the "Measures for the Administration of Qualification Certification of Inspection and Testing Institutions" (State Administration of Quality Supervision, Inspection and Quarantine No. 163) and in accordance with the "Opinions on Strengthening and Improving Motor Vehicle Inspection Work" (General Administration of Public Transport [2014] No. 138) Requirements of Article 18.
5. Suggestions for handling the units and persons responsible for the accident
(1) Persons who have been subject to criminal compulsory measures by judicial authorities
1. Suspected of traffic accidents (1 person)
(1) Ou Haihong, male, 52 years old. He was arrested with the approval of the procuratorate on suspicion of traffic accident.
2. Suspected of major liability accidents (3 persons)
(2) Tan Junliang, male, 47 years old, is the legal representative of Julong Logistics. He was arrested with the approval of the procuratorate on suspicion of serious accidents.
(3) Tan Wenbin, male, 67 years old, is the person in charge of production safety at Julong Logistics. He was arrested with the approval of the procuratorate on suspicion of serious accidents.
(4) Wen Bin, female, 29 years old, is a weigher at Julong Logistics. He was arrested with the approval of the procuratorate on suspicion of serious accidents.
3. Suspected of producing and selling counterfeit and inferior products (2 people)
(5) He Jiming, male, 49 years old, is one of the shareholders of Aoxiang Company and is responsible for the daily management of the company. He was arrested with the approval of the procuratorate on suspicion of selling counterfeit and substandard products.
(6) Deng Sijian, male, 32 years old, was a salesman of Aoxiang Company at that time. The vehicle No. A20816 that caused the accident was sold by Deng Sijian to Zhou Weizhi.He was arrested with the approval of the procuratorate on suspicion of selling counterfeit and substandard products.
4. Suspected of providing false certification documents (9 people)
(7) Tan Kai, male, 55 years old, is the agency for the first registration of Hunan A20816 car. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(8) Liu Hai, male, 37 years old, is the agency that registered Hunan A20816 car in 2015. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(9) He Lu, male, 42 years old, is the deputy director of the Wangcheng Xing’an Motor Vehicle Inspection Station in Changsha City. He was arrested with the approval of the prosecutor's office on suspicion of providing false certification documents.
(14) Zhou Weizhi, male, 42 years old, is the first owner of Hunan A20816 car. He was released on bail by the public security organ pending trial on suspicion of providing false certification documents.
(15) Zhao Tiechi, male, 46 years old, is the fifth owner of Hunan A20816 car. He was released on bail by the public security organ pending trial on suspicion of providing false certification documents.
(2) Relevant companies
violated the law against four companies and related personnel: Hengshan County Julong Logistics Company, Changsha Aoxiang Automobile Sales and Service Co., Ltd., Changsha Wangcheng District Xing'an Motor Vehicle Inspection Co., Ltd., and Xiangtan Ji'an Motor Vehicle Service Co., Ltd. For violations, it has been recommended that relevant local authorities impose administrative penalties in accordance with the law; persons suspected of criminal offenses will be transferred to judicial authorities for processing.
(3) Relevant public officials
Materials on problems found during the investigation of the accident regarding the performance of public servants of party committees, governments and relevant departments at all levels have been handed over to the Hunan Provincial Commission for Discipline Inspection and the Provincial Supervisory Committee. Party and government disciplinary sanctions against relevant personnel and handling opinions of relevant units shall be proposed by the disciplinary inspection commissions and supervisory commissions at all levels with corresponding management authority.
6. Suggestions on accident prevention measures
(1) Earnestly implement the spirit of the Fourth Plenary Session of the 19th CPC Central Committee and comprehensively strengthen the construction of government governance capabilities
The occurrence of accidents is somewhat accidental, but it also reveals the consequences of individual local governments and their law enforcement and supervision departments in our province. The problem of poor management. Departments of industry, information technology, and market supervision must supervise the production consistency of automobile manufacturers' products, and quality inspection, market supervision departments, and public security and traffic police must inspect vehicles before they are put on the road. Controlling overcrowding is a key task in road transportation and traffic safety supervision. The national regulations on controlling overcrowding are very detailed, but grassroots governments and departments have not carefully studied it thoroughly, and the lessons learned from the accident are profound. Therefore, in order to reverse the passive situation of production safety, formalism and bureaucracy must be overcome. Regulatory departments must perform their duties correctly and strictly enforce the law. They must follow the principle of hierarchical territorial management and consolidate the responsibilities of local governments and departments in the supervision of production safety. Only then can production safety accidents be effectively contained and social governance capabilities improved.
(2) Improve the joint overload control mechanism in accordance with the law and implement the main responsibility of the source of overload control.
In accordance with the requirements of the Ministry of Transport and the Ministry of Public Security's "Implementation Opinions on the Normalization and Institutionalization of Joint Law Enforcement for Controlling Overlimited and Overloaded Vehicles (Trial)", establish Normalized joint supervision working mechanism. Governments at all levels should strengthen the organizational leadership of the work of controlling ultraviolet rays, increase investment in superfluity control, improve the level of scientific and technological ultraviolet control, strengthen education and training in superfluity control, and improve the safety awareness of employees. Transportation and public security traffic management departments should actively carry out joint law enforcement at fixed points, mobile, highway entrances, and freight sources, conscientiously implement the "one super, four investigation" system, further refine the joint law enforcement work process of inspection stations, and strictly investigate illegal activities such as overloading and overloading in accordance with the law. . Strengthen the supervision and rectification of the source of freight, urge enterprises to implement their main responsibilities for controlling overloading and safe production, and prevent over-limit and overloaded vehicles from leaving the terminal at the source.
(3) Strengthen the management of hidden dangers in the road market and purify the highway traffic environment
There are major safety hazards in the road market, which seriously affect road safety and smoothness. Party committees and governments at all levels must earnestly fulfill their territorial management responsibilities, take effective measures to resolutely ban road markets, strengthen the law enforcement forces of towns and villages, and ensure that work responsibilities are fulfilled. It is necessary to increase financial investment and accelerate the construction of rural trade markets, which will not only eliminate hidden dangers in traffic safety, but also meet the production and living needs of the broad masses of the people.It is necessary to build a long-term management working mechanism with smooth coordination and close cooperation between township governments and functional departments to form synergy.
(4) Strengthen the closed-loop management of vehicle production, sales, testing and registration, and strictly control the source of vehicles.
"Large-ton, small-standard" vehicles are put on the market for sale, which has brought major safety hazards to the road. The industry and information technology departments must strengthen the supervision and management of motor vehicle manufacturing enterprises and product access, and ensure production access. The commerce department should strengthen the supervision and management of vehicle sales enterprises and their related service activities. Market supervision and management departments must strengthen supervision of vehicle production and sales, and investigate and punish illegal activities in violation of mandatory standards in production and sales in accordance with the law. Market supervision and public security departments should target the phenomenon of vehicle testing agencies using computer software to falsify data, strengthen joint law enforcement, innovate regulatory measures, supervise the implementation of the main responsibilities of safety production, rectify the motor vehicle testing industry, and resolutely crack down on violations of vehicle testing laws and regulations.
(5) Strengthen traffic safety publicity and education, and improve drivers’ awareness of self-discipline
It is necessary to improve drivers’ awareness of vehicle safety performance maintenance and repair, promptly eliminate various vehicle hidden dangers that affect safe driving, and ensure driving safety. It is necessary to strengthen safety education, training, and examination work to improve drivers' safety awareness and law-abiding awareness. It is necessary to strengthen news media publicity, produce traffic safety public service advertisements, regularly broadcast driving safety tips and typical traffic accident cases, carry out traffic safety publicity and education through multiple means and channels, and comprehensively improve accident prevention capabilities.
Source: Hunan Provincial Emergency Management Department
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