How to report illegal transportation of dangerous goods and liquefied gas in vehicles

The transportation of hazardous chemicals requires the approval of the transportation management authority and the public security organ.

The easiest way to do this is to call 110 to report it.

Legal link: Article 49 of the Regulations on the Safety Management of Hazardous Chemicals Without the approval of the public security organ, vehicles transporting hazardous chemicals shall not enter the restricted area of hazardous chemicals transport vehicles. The area where the passage of hazardous chemical transport vehicles is restricted shall be demarcated by the people's public security organs at the county level, and obvious signs shall be set up.

Article 85 Anyone who engages in road transport or water transport of hazardous chemicals without obtaining a permit for road transport of dangerous goods or a permit for water transport of dangerous goods in accordance with the law shall be punished in accordance with the provisions of the relevant laws and administrative regulations on road transport and water transport.

Article 88: In any of the following circumstances, the public security organs are to order corrections and give a fine of between 50,000 and 100,000 RMB; where a violation of the administration of public security is constituted, a public security administrative sanction shall be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Loading hazardous chemicals in excess of the approved load weight of the transport vehicle;

2) The use of vehicles whose safety technical conditions do not meet the requirements of national standards for the transportation of hazardous chemicals;

3) Vehicles transporting hazardous chemicals enter the restricted area of hazardous chemicals transport vehicles without the approval of the public security organs;

4) Transporting highly toxic chemicals by road without obtaining a road transport permit for highly toxic chemicals.

Please complain to the local transportation management department, and please do a good job of collecting evidence.

Legal analysis: If the illegal transportation of liquefied gas does not constitute a crime, administrative punishment shall be given, such as confiscation of illegal gains, fines, etc., and the banquet constituting a crime shall be investigated for criminal responsibility according to the crime of dangerous driving.

Legal basis: "Road transport of dangerous goods management provisions" 57th article in violation of these provisions, road transport of dangerous goods enterprises or units illegal transfer, lease road transport licenses, by the road transport authorities at or above the county level ordered to stop the illegal acts, confiscate the relevant documents, fined 2,000 Yuan and 10,000 yuan; where there are unlawful gains, the unlawful gains are to be confiscated.

Criminal Law of the People's Republic of China》 Article 133-1 Whoever drives a motor vehicle on a road and has any of the following circumstances shall be sentenced to short-term detention and a concurrent fine

1) Chasing and racing, where the circumstances are heinous;

2) Driving a motor vehicle while intoxicated;

C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;

4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where the conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Analysis of the legal calendar: The penalties for transporting liquefied gas by private cars are as follows:

1. Illegal transportation of liquefied gas, which does not constitute a crime, shall be given an administrative punishment, and the road transport administration at or above the county level shall order the suspension of transportation operations;

2. If there are illegal gains, the illegal gains shall be confiscated and a fine of between 2 and 10 times the illegal gains shall be imposed;

3. If there are no illegal gains or the illegal gains are less than 20,000 yuan, a fine of between 30,000 and 100,000 yuan shall be imposed;

4. If a crime is constituted, criminal responsibility shall be pursued in accordance with law.

Legal basis: Article 125 of the Criminal Law of the People's Republic of China Whoever illegally manufactures, buys, sells, transports, mails, or stores firearms, ammunition, or ** items shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; where the circumstances are serious, the sentence is to be 10 or more years imprisonment, life imprisonment, or death. Illegally manufactured, traded, transported, or stored toxic, radioactive, or infectious disease pathogens, endangering public safety, shall be punished in accordance with the provisions of the preceding paragraph.

Where a unit commits the crimes in the two preceding paragraphs, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the first paragraph.

Legal analysis: Liquefied petroleum gas is a flammable and explosive dangerous goods, and the transportation of flammable and explosive dangerous goods requires an administrative license, which belongs to the guidance and supervision of the people's transportation department at or above the county level. According to the relevant regulations, bottled LPG must be transported by special vehicles that meet the requirements for the transportation of dangerous goods.

The use of automobiles to engage in the transportation of bottled liquefied gas belongs to the road transport of dangerous goods, and an application should be submitted to the road transport administration to obtain a road transport license. Without obtaining a road transport permit for dangerous goods, unauthorized road transport of dangerous goods, road transport authorities shall, in accordance with the People's Republic of China road transport regulations, road transport of dangerous goods management provisions to implement penalties.

Legal basis: "Regulations of the People's Republic of China on the Administration of Road Transport" Article 53 The competent departments of transportation at or above the county level shall strengthen the guidance and supervision of the implementation of road transport management by road transport management agencies.

Article 63 Anyone who violates the provisions of these Regulations and engages in road transport business without obtaining a road transport business license shall be ordered to stop operating by the road transport administration at or above the county level; where there are gains from violating the Liquid Law, the illegal gains shall be confiscated and a fine of between 2 and 10 times the illegal gains shall be imposed; where there are no unlawful gains or the unlawful gains are less than 20,000 RMB, a fine of between 30,000 and 100,000 RMB is to be given; where a crime is constituted, criminal responsibility is pursued in accordance with law

Regulations on the Administration of Road Transport of Dangerous Goods》 Article 2 engaged in road transport of dangerous goods activities, shall comply with these provisions. Exceptions are made for the transport of military dangerous goods.

Legal analysis: If the illegal transportation of liquefied gas does not constitute a crime, administrative penalties shall be given, such as confiscation of illegal gains, fines, etc., and criminal responsibility shall be investigated according to the crime of dangerous driving if a crime is constituted. Gas is flammable and explosive, transportation and storage of gas must have professional qualifications, in the absence of the qualification to transport dangerous goods, illegal transportation and storage of liquefied gas cylinders, will constitute the crime of illegal manufacturing, trading, transportation and storage of dangerous substances.

Driving a motor vehicle on the road, transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, and endangering public safety shall be sentenced to criminal detention and a fine.

Legal basis: Article 57 of the provisions on the management of road transport of dangerous goods in violation of these provisions, in any of the following circumstances, the road transport administration at or above the county level shall order the cessation of transport operations, and if there are illegal gains, confiscate the illegal gains and impose a fine of more than 2 times and 10 times the illegal gains; where there are no unlawful gains or the unlawful gains are less than 20,000 RMB, a fine of between 30,000 and 100,000 RMB is to be given; where a crime is constituted, criminal responsibility is pursued in accordance with law

A) without obtaining a road transport permit for dangerous goods, unauthorized road transport of dangerous goods;

B) the use of invalid, forged, altered, cancelled and other invalid road transport of dangerous goods license engaged in the transport of dangerous goods on the road;

C) beyond the permitted matters, engaged in the transport of dangerous goods on the road;

D) non-commercial road transport of dangerous goods units engaged in road transport of dangerous goods.

Summary. Article 225 stipulates that the crime of illegal business operation refers to a person who, in violation of state regulations, commits any of the following illegal business activities, disrupts market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and/or shall be fined not less than one time but not more than five times the amount of illegal gains; where the circumstances are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property.

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Dear, if you are liquefied gas transportation, you also need a company that has the qualification to transport liquefied gas hail per mu before you can source it, and it is illegal to run this business without a license.

Is it now subject to administrative punishment or criminal detention?

No, now I am facing this problem, and I don't know what the serious consequences are.

If it is only an administrative penalty, it is generally a fine, and if it constitutes a criminal offense, it will involve a criminal penalty.

Article 225 stipulates that the crime of illegal business operation refers to a person who violates state regulations by committing any of the following illegal business activities and disrupting market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and/or shall be fined not less than one time but not more than five times the amount of illegal gains; where the circumstances are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property.

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Summary. Criminal Law of the People's Republic of China" Article 225: Where state provisions are violated by any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains is to be given, and where the festival is especially serious, a sentence of not less than five years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property:

1. Operating franchises, monopoly goods or other restricted items stipulated by laws and administrative regulations without permission;

2. Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated by laws and administrative regulations;

3. Illegally operating **, **, or insurance business without the approval of the relevant competent state authorities, or illegally engaging in fund payment and settlement business;

4. Other illegal business activities that seriously disrupt the market order.

Where foreign exchange is illegally bought or sold outside of the trading venues provided by the state, disrupting market order, and the circumstances are serious, it is to be convicted and punished in accordance with article 225 of the Criminal Law.

I have a dangerous goods transport vehicle with the qualification to transport liquefied gas, and I go to the liquefied gas station tank to the people, saying that I am operating illegally.

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It is operating illegally.

Criminal Law of the People's Republic of China》 Article 200: Article 25: Where state regulations are violated by any of the illegal business activities listed below, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between one and five times the amount of unlawful gains is to be given, and where the festival is particularly serious, a sentence of not less than five years imprisonment is to be given, and a concurrent fine of between one and five times the amount of unlawful gains or confiscation of property: 1. Engaging in a franchise as provided for by laws and administrative regulations without permission, monopoly items or other items restricted from trading; 2. Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated by laws and administrative regulations; 3. Illegally operating **, **, or insurance business without the approval of the relevant competent state authorities, or illegally engaging in fund payment and settlement business; 4. Other illegal business activities that seriously disrupt the market order. Where foreign exchange is illegally bought or sold outside of the trading venues provided by the state, disrupting market order, and the circumstances are serious, it is to be convicted and punished in accordance with article 225 of the Criminal Law.

In accordance with the "Regulations on the Administration of Urban Gas", "Regulations of the People's Republic of China on Road Transport" and other relevant laws and regulations, bottled liquefied gas must be transported by special vehicles that meet the requirements of dangerous goods transportation and transportation chains, and the vehicles in transit need to be equipped with professionally qualified escorts, so that the driver must also obtain the corresponding qualification certificate through professional training.

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