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On September 17th, 2020, the Chinese Ministry of Transport issued a notice on its website, announcing to solicit public comments on the draft revision to the Provisions on Safety Administration of Railway Transport of Dangerous Goods [1]. The public consultation is set to end on October 16 this year.
In the wake of the 2015 Tianjin explosions [2] and the 2019 Xiangshui blast [3], the Chinese central government has rolled out a series of documents and instructions, urging authorities and local governments to fundamentally address the safety issues surrounding hazardous chemicals. The transport of dangerous goods is certainly an important part in this cause.
The draft revision, according to MOT, is formulated referring to relevant higher-level laws and regulations, international practices and experience from sectors like road transport, waterway transport, etc. The major changes made in the document include the following three aspects:
An improved application scope
According to the draft revision goods which can be recognized as dangerous goods as per relevant laws, regulations or standards, besides those included in the List of Dangerous Goods for Railway Transport published by the National Railway Administration, shall be handled following the Provisions.
Clarified exemptions
Some dangerous goods can be exempted from relevant requirements under certain circumstances. The draft revision specified three special circumstances in which dangerous goods are not subject to the Provisions or part of the Provisions, as long as relevant technical requirements are met, including:
Ø The dangerous goods to be carried are components of transport facilities
Ø The dangerous goods are to be carried for emergency purposes
Ø Safety technical conditions as stipulated in relevant standards are met
Clearer responsibilities and penalties
As with other regulations on safety issues of hazardous chemicals and dangerous goods, the draft revision makes it clear that enterprises shall assume primary responsibilities. It also intensifies requirements concerning the monitoring and IT-enabled management of transport facilities as well as personnel training.
For railway transport enterprises and shippers which violate the Provisions, their violations will be recorded on the National Credit Information Sharing Platform and the National Enterprise Credit Information Publicity System.
