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| Reply of the Supreme People's Court on Whether Safety Supervision Departments Have the Power to Impose Administrative Penalties regarding Road Traffic Safety Issues by Applying the Work Safety Law and the Regulation on the Report, Investigation and Handling of Work Safety Accidents, and Issues concerning the Application of Law | | 最高人民法院关于安监部门是否有权适用《安全生产法》及《生产安全事故报告和调查处理条例》对道路交通安全问题予以行政处罚及适用法律问题的答复 |
| (No. 12 [2010] of the Supreme People's Court) | | （【2010】行他字第12号） |
| The Higher People's Court of Hubei Province: | | 湖北省高级人民法院： |
| In accordance with Article 2 of the Work Safety Law, where there is any special provision on the relevant road traffic safety issues in the Road Traffic Safety Law and any other laws and administrative regulations, such special provision shall apply. Where there is no such special provision, safety supervision departments may apply the Work Safety Law and the Regulation on the Report, Investigation and Handling of Work Safety Accidents to deal with such problems. | | 根据《安全生产法》第二条规定，《道路交通安全法》等法律、行政法规对道路交通安全有关问题有特别规定的，应当适用特别规定。没有特别规定的，安监部门可以适用《安全生产法》和《生产安全事故报告和调查处理条例》的规定处理。 |
| Where a transport enterprise violates Article 21 of the Work Safety Law, the safety supervision department may impose a penalty on the transport enterprise by applying paragraph 3 of Article 82 of the Work Safety Law. Where the failure to fulfill the obligation of work safety education and training is not the direct cause for a traffic accident, it is improper for the work safety department to impose an administrative penalty on the relevant transport enterprise by applying Article 37 of the Regulation on the Report, Investigation and Handling of Work Safety Accidents. | | 运输企业违反《安全生产法》第二十一条规定的，安监部门可以适用《安全生产法》第八十二条第三款予以处罚。未履行安全生产教育和培训义务不是发生交通事故直接原因的，安监部门适用《生产安全事故报告和调査处理条例》第三十七条对相关运输企业实施行政处罚不妥。 |
| October 27, 2010 | | 二〇一〇年十月二十七日 |
| Annex: | | 附： |
| Request of the Higher People's Court of Hubei Province for Instructions on Whether Work Safety Supervision Departments Have the Power to Impose Administrative Penalties on Transport Enterprises that Cause Road Traffic Safety Accidents and Issues concerning the Application of Law | | 湖北省高级人民法院关于安全生产监督部门是否对造成道路交通安全事故的运输企业具有行政处罚权及法律适用问题的请示 |
| The Supreme People's Court: | | 最髙人民法院： |
| The Intermediate People's Court of Xiangfan City, Hubei Province filed a request for instructions with the Higher People's Court of Hubei Province regarding the issue of application of law when it tried a case about administrative penalty between Hengxin Travel Transport Co., Ltd. of Jingzhou City and the Work Safety Supervision Bureau of Xiangfan City. Upon deliberation, the Judicial Committee of the Higher People's Court of Hubei Province files its request for instructions to the Supreme People's Court as follows: | | 我省襄樊市中级人民法院审理的荆州市恒信旅游运输有限公司诉襄樊市安全生产监督局行政处罚案，因涉及法律适用问题向我院请示。我院审判委员会经过讨论，请示如下： |
| I. Basic Facts | | 一、基本案情 |
On February 25, 2008, a large bus (E D05481) driven by Xu from Hengxin Travel Transport Co., Ltd. of Jingzhou City ran out of control and rolled over to the fast and slow lanes of the express highway near the Handan Railway Bridge in Hubei Province, which caused three deaths, and 22 people were injured in various digress. After the accident happened, the Government of Xiangfan City established a joint investigation team composed of the Safety Supervision Bureau, the Public Security Bureau, and the Supervision Bureau of Xiangfan City to conduct investigation into the accident. It was found upon investigation that the direct cause for the accident was high speed of the large bus E D05481 and the bus Lu F14460 in freezing rain. It was also found that the owners of both buses, Hengxin Travel Transport Co., Ltd. of Jingzhou City and Yantai Traffic Transport Group Co., Ltd. of Shandong Province, provided inadequate education and training for their drivers, and the safety awareness, safety skills, and on-scene handling capabilities of drivers were inefficient, and both owners should assume accident management responsibilities. The joint team suggested that the Safety Supervision Bureau of Xiangfan City should impose administrative penalties on both companies in accordance with law. On October 10, 2008, the Safety Supervision Bureau of Xiangfan City made a penalty decision and determined that Hengxin Travel Transport Co., Ltd. of Jingzhou City violated Article 21 of the Work Safety Law of the People's Republic of China for its failure to provide adequate education and training for its employees. In accordance with paragraph 2 of Article 37 of the Regulation on the Report, Investigation and Handling of Work Safety Accidents, the Safety Supervision Bureau of Xiangfan City decided to impose an administrative penalty of a fine of 200,000 yuan on Hengxin Travel Transport Co., Ltd. of Jingzhou City. Hengxin Travel Transport Co., Ltd. of Jingzhou City refused to accept the penalty decision and filed an administrative litigation with the People's Court of Fancheng District, Xiangfan City.
．．．．．． | | 2008年2月25日，荆州恒信公司驾驶员许某驾驶鄂D05481大型普通客车行驶至湖北省境内汉丹铁路大桥附近时，车辆方向失控侧翻于高速公路快车道及慢车道上，造成3人死亡，22人不同程度受伤。事故发生后，襄樊市政府组织市安监局、公安局、监察局等部门组成联合调查组，对事故进行调查。经调査认定，该事故的直接原因系鄂D05481及鲁F14460两车在雨雪气象条件下车速过快所致。同时认为，两车产权单位荆州恒信公司与山东省烟台交运集团有限责任公司对驾驶员教育培训不够，驾驶员安全意识、安全技能和现场处置能力不得力，应承担事故管理责任。建议由襄樊市安监局依法对二公司实施行政处罚。2008年10月10日，襄樊市安监局作出处罚决定，认定荆州恒信公司因对员工教育培训不够，违反《中华人民共和国安全生产法》第二十一条规定，依据《生产安全事故报告和调查处理条例》第三十七条第二款，决定给予罚款20万元的行政处罚。荆州恒信公司不服向襄樊市樊城区人民法院提起行政诉讼。
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