What should transportation companies do in the event of a safety incident?

Updated on society 2024-05-16
3 answers
  1. Anonymous users2024-02-10

    In the process of transportation, the carrier shall bear the liability for compensation for the damage or loss of the goods;

    However, if the carrier can prove that the loss of the goods is not its fault, but is caused by force majeure, the nature of the goods themselves, reasonable wear and tear and the fault of others, it may not be liable for damages.

    In other words, in the carriage of goods, if the loss of goods caused by the carrier's subjective intention or fault can be proved by the carrier, it shall not be liable for compensation.

    If the goods transported are perishable products such as fruits, and are delivered within the agreed time, but there is still loss, the carrier is not responsible.

    1. Who shall bear the loss of the contract of carriage of goods.

    Chinese law adopts the principle of presumption of fault for cargo damage liability, that is, if the carrier cannot prove the three types of exemptions of "force majeure, the natural nature of the goods themselves or reasonable wear and tear, and the fault of the shipper and the consignee", it will bear the liability for compensation. It can be seen that when the shipper or the consignee claims compensation from the carrier for cargo damage, it only needs to prove the fact that the contract of carriage was formed, the goods were delivered and the cargo damage occurred, and there is no need to provide evidence to prove that the carrier's transportation behavior was improper or other faulty; As long as the carrier cannot prove the existence of the three types of exemptions provided for in this article of the Civil Code, the carrier shall be liable for the cargo damage.

    2. What are the responsibilities of the parties in the contract of carriage?

    The parties to the contract of carriage shall bear the following responsibilities: the shipper's responsibilities in the contract of carriage: if the packaging of the goods is defective and damaged, causing pollution, corrosion, damage or personal damage to other goods or means of transport or machinery and equipment, the shipper shall be liable for compensation; The shipper shall be liable for accidents such as entrainment in general cargo, concealment of dangerous goods, misdeclaration of the weight of bulky cargo, etc.

    When transporting goods by tanker, if the consignee is unable to unload the goods due to the consignee's inability to unload the goods due to the consignee's unloading of the goods, the shipper shall pay the carrier the deposit and liquidated damages for unloading. The carrier's responsibilities are as follows: if the carrier transports the goods to the place of arrival or the person receiving the goods by mistake, it shall deliver the goods to the place of arrival or the person receiving the goods as stipulated in the contract free of charge.

    If the goods are overdue, the carrier shall pay liquidated damages for late delivery; In the event of loss, shortage, deterioration, pollution or damage to the cargo during transportation, the carrier shall compensate the shipper according to the actual loss of the cargo, including packaging charges and transportation and miscellaneous expenses; In the event of loss, shortage, deterioration, pollution or damage to the intermodal cargo, the carrier shall be liable for compensation, and the carrier shall recover from other carriers at the terminal stage.

    Article 832 of the Civil Code provides that the carrier shall be liable for compensation for the damage or loss of goods during transportation.

    However, if the carrier proves that the damage or loss of the goods is caused by force majeure, the natural nature of the goods themselves or reasonable wear and tear, or the fault of the shipper or consignee, the carrier shall not be liable for compensation.

  2. Anonymous users2024-02-09

    As a kind of special transportation, the transportation of dangerous goods generally needs to be strictly reviewed by the relevant functional departments of the state, and have the corresponding facilities and equipment to ensure the safe transportation of dangerous goods, in order to be qualified for the transportation of dangerous goods.

    Different from the general transportation contract, in the event of a transportation accident during the transportation of dangerous goods, both parties shall bear the accident loss according to their responsibilities.

    When transporting dangerous goods, if the shipper fails to notify the carrier in writing of the detailed information of the dangerous goods and the measures to prevent hazards, the carrier may unload and destroy the goods according to the actual situation, and shall not be liable for compensation;

    At the same time, in the above circumstances, if the carrier suffers losses due to an accident, the shipper shall compensate for the loss.

    Article 832 of the Civil Code stipulates that the person carrying Kuanshu shall be liable for compensation for the damage and loss of the goods during transportation. However, the carrier proves that the goods were damaged;

    If the loss is caused by force majeure, the natural nature or reasonable wear and tear of the goods, or the fault of the shipper or consignee, no liability shall be assumed.

  3. Anonymous users2024-02-08

    Summary. In accordance with Article 109 of the Work Safety Law of the People's Republic of China, in the event of a production safety accident, the responsible production and business operation unit shall be required to bear the corresponding compensation and other responsibilities in accordance with the law, and the production safety supervision and management department shall impose a fine in accordance with the following provisions:

    1) Where an ordinary accident occurs, a fine of between 200,000 and 500,000 RMB is to be imposed;

    2) Where a larger accident occurs, a fine of between 500,000 and 1,000,000 RMB is to be imposed;

    3) Where a major accident occurs, a fine of between 1,000,000 and 5,000,000 RMB is to be imposed;

    4) Where a particularly serious accident occurs, a fine of between 5 million and 10 million RMB is to be imposed; where the circumstances are especially serious, a fine of between 10 million and 20 million RMB is to be given.

    Criminal penalties for employees of transportation companies in the event of a major traffic accident under the Work Safety Law.

    Do you mean how to punish employees, dear.

    Yes. How much responsibility an employee has.

    In accordance with Article 109 of the Law of the People's Republic of China on Work Safety, in the event of a production safety accident, the responsible production and business operation unit shall be required to bear the corresponding compensation and other responsibilities in accordance with the law, and the production safety supervision and management department shall impose a fine in accordance with the following provisions: (1) In the event of a general accident, a fine of not less than 20 yuan but not more than 500,000 yuan shall be imposed; (2) Where a larger accident occurs, a fine of between 500,000 and 1,000,000 RMB is to be imposed; 3) Where a major accident occurs, a fine of between 1,000,000 and 5,000,000 RMB is to be imposed; 4) Where a particularly serious accident occurs, a fine of between 5 million and 10 million RMB is to be imposed; where the circumstances are especially serious, a fine of between 10 million and 20 million RMB is to be given.

    This is a penalty for the company.

    What about the staff. Employees are negotiated according to their responsibilities and within the company.

    It depends on the situation.

    Tell me about the specific situation, pro.

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