Safety production month 丨 take good navigation and safety customs as the first responsible person

The river waves are white but ruthless

Shi Wenzhou covered people

Keep the law and take the responsibility to take the monarch to go

Longfeng sending a boat thousands of miles

In June 2022, it was the 21st "Safety Production Month" in my country. The theme was "the person in accordance with the first responsible person to comply with the safety production law".

The "selection of accident cases" in this issue allows us to approach the typical cases of criminal responsibility for safety production responsibilities in the water traffic accident.

01

"Unlicensed" driving caused 7 people to die

Overview

At 18:40 on September 29, 2016, Dongguan's divertal sand ship "Guangdong Dongguan ***" was carried out in the process of navigation in Hong Kong. The "Zhejiang Worker ***" round collisions, the accident caused the "Zhejiang Workers ***" rotation, 8 people in the ship were fell into the water, one of them was rescued and 7 died! Establish a larger level of water traffic accidents.

Before the incident, the deputy Lin of the "Guangdong Dongguan ***" was drove by the ship to the sailor Wang Wang. At the time of the incident, only Wang was on duty at the driver.

"Guangdong Dongguan ***" Wheel collision marks

"Zhejiang Gong ***" Wheel collision trace

Conclusion

"Guangdong Dongguan ***" Rotor driver is unwell and the driver's Taiwan has not maintained a valid duty. During the navigation of Hong Kong, he looked at negligence, did not fully judge the danger of collision and drove carefully; The anchor duty stipulates and keeps watching continuously. The above is the direct cause of the accident.

The actual shipowner of "Guangdong Dongguan ***" illegal operation and management ships, the company has not fulfilled the responsibility of the main body of production safety, and the safety management is not in place; the company's security management is not in place. The above is the indirect cause of the accident.

"Guangdong Dongguan ***" is the main responsibility of the accident, and "Zhejiang Yonggong ***" is a secondary responsibility. "Guangdong Dongguan ***" rotating class sailor Wang is the main responsible person of the accident. The actual shipowner Lu and the company's legal representative Wu are an important responsible person in the accident; Personal person in charge of the accident.

Handling

1. Wang, "Guangdong Dongguan ***" rotating sailor, is responsible for driving a ship at the time of the incident, violating the relevant provisions such as the "Law on Maritime Traffic Safety of the People's Republic of China" and "Avoiding Rules". Essence On June 26, 2018, the second trial of the Ningde Intermediate People's Court of Ningde City, Fujian Province: The defendant Wang had committed a traffic accident and sentenced to three years and six months in prison.

2. Lu Mou, the actual shipping of "Guangdong Dongguan ***", illegally managed and managed ships, was not equipped with a suitable crew, and carried out the production and operation of cross -navigation areas without authorization. On November 13, 2018, the second instance of the Ningde Intermediate People's Court of Ningde City, Fujian Province: The defendant Lu Mou had a major liability accident and sentenced to two years in prison.

3. Wu, the legal representative and general manager of the "Guangdong Dongguan ***" round management company, as the main responsible person of the company's production safety, has a comprehensive responsibility for the company's safety management management. On August 27, 2019, the Fuding City People's Court of Fujian Province sentenced to the first instance: The defendant Wu Mou had a major responsibility accident and sentenced to two years in prison and three years in probation.

02

Three people died in the negligence

Overview

At 13:39 on December 18, 2017, the Guangzhou Sataron "Shunhui ***" was driven from Shenzhen Airport to the 30LD anchor on the way to the east side of the lamp on the east side of Guangzhou Port. About 1 nautical miles on the east side of the floating east, collided with the anchored individual fishing boat "Yue Zhan Fishing ***", causing the fishing boat to sink. Four fishermen on the ship fell into the water, three of which died of drowning. *"Rotation starts. The accident constituted a large level of water traffic accidents.

"Shunhui ***" wheel

"Yuezhan Fishing ***" Ship (Photo after the accident)

Crash accident diagram

Before the collision, her ship monitoring screen

Conclusion

The "Shunhui ***" rotation suddenly looked at it, and the "Yuezhan fishing ***" ship that was anchored was not found. Someone is the person in charge of the accident; the "Yue Zhan Yu ***" ship has not arranged personnel to anchor on duty. It is not time for the collision to find the boat. It is too late to take a warning to the boat and avoid collision. The second responsibility of the accident, the captain of the ship, Liang, is the person responsible for the accident.

Handling

Feng Mou drove a major traffic accident in the death of the three people. The main responsibility of the accident, and his behavior had constituted a traffic accident. On October 27, 20020, the second instance of the Guangzhou Intermediate People's Court of Guangzhou Province sentenced Feng to a traffic accident and sentenced to five years in prison.

Case warning

shipping company

The main person in charge of the company is the first responsible person of ship safety and pollution prevention, and is fully responsible for the safety production work of the unit. Other persons in charge are responsible for safety production within the scope of their responsibilities. The relevant person in charge of the company has the following responsibilities or obligations:

(1) Ensure that ships have safe production conditions stipulated in the production and operation activities of the ship's premiums on the production conditions stipulated in the production and operation activities of the safety production conditions stipulated in the production and operation activities of the ship.

(2) Establish and improve the management system of safety and pollution, improve safety and pollution conditions, ensure ship safety, and prevent ship pollution to the waters environment.

(3) Provide sufficient resources and shore -based support to the ship, monitor safety and pollution prevention work, and maintain effective connection between the ships. (4) Equipped with appropriate safety and polluting managers, and clarify their job responsibilities. The main safety and pollution management personnel shall not be part -time on the ship or part -time shipping company.

(5) Equipped with the ship for the ship who meets the minimum safety supporting staff.

(6) Determine the captain's final decision in terms of ship safety and pollution management.

(7) Establish an education and training system, strengthen and standardize the education and training of safety and pollution knowledge, ensure that relevant personnel are familiar with the relevant regulations and operating procedures of safety and pollution, master the corresponding operating skills, and improve the safety and pollution prevention of ship safety and prevention of pollution Emergency response ability.

(8) Establish a system of ship safety and pollution prevention and inspection to ensure effective maintenance and maintenance of ships and equipment.

(9) Formulate corresponding shore, shore, and ship emergency plans according to factors such as the type of ship and the aviation area, and regularly organize training exercises.

(10) When a ship accident, a major danger, or being stranded, report to the maritime management agency directly under the Ministry of Transport of the shipbuilding port or the maritime management agency of the Maritime Management Agency or the provincial traffic authority as soon as possible.

captain

Captain is the first responsible person of ship safety management. He has independent decision -making rights and end responsibilities in protecting the safety of water personal and property, ship security, and prevention and control of ship pollution. It has the following responsibilities or obligations:

(1) Ensure that ships and crew members carry certificates, documents, and relevant navigation information;

(2) Formulate a ship emergency plan and ensure the effective implementation of it;

(3) Ensure that ships and crew members are in a safe and appropriate state when sailing, ensure the minimum safety supporters of the ship in accordance with the regulations, and ensure the normal duty of the ship;

(4) Instructions for the implementation of maritime management agencies on water traffic safety and prevention of ship pollution, if a ship occurs in a water traffic accident or pollution accident, submit an accident report to the maritime management agency;

(5) Perform daily training and assessment of the crew members of the boat, and truthfully record the crew's performance of the crew's service book in the crew's crew staff;

(6) The ship enters the port, leaves the port, berth, and is berted. It is through traffic -intensive areas, dangerous airlines and other areas, or in severe weather and sea conditions, or water traffic accidents, ship pollution accidents, ship security incidents, and other urgent emergencies In the case, the duty shift should be on duty, and the ship should be directly commanded if necessary;

(7) Safety of ensuring the safety of people on board and temporary shipbuilding;

(8) When a ship accident occurs, when the personnel and property of the board are safe, the crew and other personnel on the ship shall be organized to do their best to rescue;

(9) When abandoning the ship, all measures should be taken. First, organize passengers to leave the ship safely, and then arrange the crew to leave the boat. The captain should finally leave the boat. Before the ship is left, the captain shall direct the crew to rescue the navigation logs, cabin logs, oils, oils, and oil Record books, wireless radio logs, navigation diagrams and documents used in this voyage, as well as valuables, emails and cash.

crew

The crew is a direct responsible person for ships related to safety operations. It has but not limited to the following responsibilities or obligations:

(1) Putting valid documents stipulated in these regulations;

(2) Grasp the airlines of the ship and the navigation guarantee of the route, as well as the necessary information such as the weather and sea conditions of the air area;

(3) Comply with the management system and duty regulations of the ship, manipulate, control and manage the operating rules of the water traffic safety and control of ship pollution in accordance with water traffic safety and control of ship pollution, and to fill out the legal documents of the ship truthfully, shall not hide, tamper or destroy relevant statutory certificates and documents of the ship;

(4) Participate in the emergency training and exercises of the ship, and implement various emergency prevention measures in accordance with the requirements of the emergency deployment of the ship;

(5) Comply with the ship's report system, discover or occur in danger, accidents, security incidents, or affect sailing safety, it should be reported in a timely manner;

(6) In the case of not seriously endangering their own safety, try their best to rescue the dangerous personnel;

(7) Do not use the private carrier, cargo, and unbalanced items.

Important reminder of maritime affairs

Be careful to catch Qianqiu Chan

"Xiao Xing" sailed for thousands of years

Laws and regulations

1. "Hai'an Law"

Article 116 If you violate the provisions of this Law and constitute a crime, criminal responsibility shall be investigated in accordance with the law.

2. The Regulations on the Safety Management of the River "

Article 79 In violation of the provisions of these regulations, forge, altering, trading, transfers, borrowing, taking ship inspection certificates, ship registration certificates, crew membership certificates, or other appropriate certificates, if they violate the criminal law The provisions of the discounted, trading of state organs, certificates, or other crimes in accordance with the law shall be investigated for criminal responsibility in accordance with the law.

Article 80 If the provisions of these regulations, if the owner of the ship and floating facilities or the operator instructed, or the crew violations of the crew, if the crew caused a major casualties or serious consequences, in accordance with the criminal law on major liability accidents or other crimes, Criminal responsibility in accordance with the law.

Article 81 In violation of the provisions of these regulations, if the ship sails, berth or operates in the inner river, does not comply with the rules of navigation, avoiding and signal display rules, and causes major inland river traffic accidents, in accordance with the criminal law on traffic accidents or other crimes, Criminal responsibility in accordance with the law.

Article 82 In violation of the provisions of these regulations, if the ship does not have safety technical conditions to engage in cargo, passenger transportation, or overloaded transportation, and passengers, if a major casualties occur or cause other serious consequences Or the provisions of other crimes investigate criminal responsibility in accordance with the law. Article 83 In violation of the provisions of these regulations, if a ship and floating facilities escape after an inland traffic accident occurred, the maritime management agency shall give the responsible crew to revoke the appointment certificate or other appropriate certificates; after the certificate or certificate is revoked, 5, 5, 5, 5, 5 During the year, they must not be re -employed; those who violate the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on traffic accidents or other crimes.

Article 84 If you violate the provisions of these regulations, hinders and obstruct the investigation and evidence of the inland traffic accident, or the evidence of lies, conceals, or destruction, shall be given a temporary deduction certificate or other appropriate certificates for more than 12 months until it is revoked until it is revoked until it is revoked until it is revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked until it was revoked, If the punishment of an appointment certificate or other appointment certificates shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on violence and threats to hinder the investigation of the inland river traffic accident investigation and obtaining evidence, in accordance with the law.

3. "Order Regulations"

Article 62 In violation of the provisions of these regulations, if the circumstances are serious and the circumstances constitute a crime, criminal responsibility shall be investigated in accordance with the law.

Related crime punishment

1. Traffic crime

Article 133 of the Criminal Law violations of transportation management regulations, and a major accident occurs, causing serious injuries, death, or suffering from major losses of public and private property, it will be sentenced to imprisonment or detention of less than three years; If there are other particularly bad plots, they will be imprisoned for more than three years and seven years; those who die due to escape will be sentenced to more than seven years in prison.

2. Crime of major liability accidents

Article 134 of the Criminal Law violates relevant safety management regulations in production and operations, and if a major casualties occur or cause other serious consequences, they will be sentenced to three years in prison or detention; For more than seven years and below the year, imprisonment.

3. Crime of major labor safety accidents

Article 135 of the Criminal Law or the conditions for safety production facilities or safety production conditions does not meet national regulations, and if a major casualties occur or cause other serious consequences, they will be directly responsible for The imprisonment or detention; those who are particularly harsh in the circumstances are in prison for three years and seven years.

4. Disrovised official crime

If the Criminal Law "Article 277 If the violence and threats hinders the staff of the state organs to execute their duties in accordance with the law, they will be sentenced to less than three years in prison, detention, control, or fine.

5. Crime of dangerous homework

One of Article 134 of the Criminal Law violates the provisions of safety management in production and operations. There is one of the following circumstances, and there is a real danger of a major casualties or other serious consequences. , Detention or control:

(1) Turn off and destroy the monitoring, alarm, protection, life -saving equipment, facilities, or tampering, concealing, destroying their relevant data and information;

6. Forgery, altering, buying and selling state organs, documents, documents, seal crimes

Article 280 of the Criminal Law of the Criminal Law who forged, altered, traded or stolen, robbed, destroyed by state organs, was in prison, detention, regulation or deprivation of political rights, and punished fines for less than three years. If the circumstances are serious, they will be imprisoned for three years and less than ten years, and a fine.

learn from past experience

I am awe, there is something to do

- END -