Decree of the People’s Government of Guangdong Province
The Provisions of Guangdong Province on the Administration of the Navigation Safety in the Bridge-adjacent Waters adopted at the Twenty-third Executive Meeting of the 12th Session of the People’s Government of Guangdong Province on April 9, 2014 are hereby promulgated and shall become effective as of July 1, 2014.
May 20, 2014
Provisions of Guangdong Province on the Administration of Navigation Safety
in the Bridge-adjacent Waters
These Provisions are formulated for the purposes of maintaining the order of navigation in the bridge-adjacent waters, and protecting bridges and the vessels passing through such waters (including the floating facilities; the same hereafter), in accordance with such laws as the Maritime Traffic Safety Law of the People’s Republic of China, Regulations of the People’s Republic of China concerning the Administration of Traffic Safety on Inland Waters, and Regulations on Highway Safety Protection and in light of the actual situation of this Province.
These Provisions shall apply to the navigation, berthing and operation of vessels, as well as the building, construction and management of bridges that involve waterway traffic safety in the bridge-adjacent waters within this Province.
For the purpose of these Provisions, the term “bridge-adjacent waters” means navigable waters within a certain scope on both sides of the axis of a bridge. Where a bridge spans an inland river, such scope shall start from 400 meters upstream of the bridge axis and end at 200 meters downstream of the bridge axis; where a bridge spans the sea or where there is any special requirement for the definition of such scope, the scope of bridge-adjacent waters shall be delimited upon scientific evaluation and announced by the competent traffic and transportation departments in conjunction with the maritime department.
The maritime departments shall be responsible for supervising and regulating the navigation safety in the bridge-adjacent waters, maintaining a proper environment and order for navigation in such waters, making navigation announcements or warnings, organizing and coordinating the investigation and handling of waterway traffic accidents.
Such departments as those of traffic and transportation, railway, water conservancy, housing and urban-rural development, ocean and fisheries, and work safety supervision shall fulfill their duties in connection with the safety supervision and regulation in water-adjacent waters to the extent of their respective functions and duties.
For a bridge to be built in navigable waters, the waterway traffic safety facilities that meet relevant requirements shall be installed on the basis of the design and navigational specifications of the bridge.
The bridge construction unit shall be responsible for the work safety in connection with such bridge in accordance with law, and shall urge the construction contractor of the bridge to properly implement all the measures ensuring navigation safety during the construction process.
The construction contractor of the bridge shall ensure the waterway traffic safety facilities and main work of the bridge to be concurrently designed, constructed and put to use.
The bridge construction unit shall, within one month after the bridge is launched, submit to the local maritime department the following materials concerning navigation safety of the bridge:
(1) The geographical location and total length of the bridge as well as the arrangement of its span(s);
(2) Information on the collision avoidance capabilities and facilities of the bridge;
(3) The navigation aid signs and facilities as well as safety signs of the bridge;
(4) Specifications of navigational restrictions of the bridge as having been properly calculated and evaluated, including the net horizontal and vertical clearances of the spans of the bridges, the navigability of the spans of the bridge (one-way navigable, two-way navigable or non-navigable), and the speed limits for the adjacent waters of the bridge;
(5) A bathymetric survey chart of the adjacent waters of the bridge, as well as the velocity and direction of water flow in such waters, and the angle between the flow direction and the bridge normal; and
(6) Other information that may be required.
The management unit of a bridge shall formulate a proper safety management system for the bridge, properly maintain the navigation aid signs and waterway traffic safety facilities, identify and eliminate potential safety hazards of the bridge, and guarantee the proper investment in connection with the navigation safety.
The bridge management unit shall, upon discovery of any safety hazard in the bridge that may affect navigation safety, timely issue warnings to vessels passing through the adjacent waters of the bridge, adopt proper emergency measures, and report to the maritime department and waterways management departments.
The following acts are prohibited in the bridge-adjacent waters:
(1) Engaging in fishing, aquaculture and aquatic crop cultivation;
(2) Constructing any new ferry; or
(3) Conducting other acts of affecting the safety of the bridge or navigation.
Vessels shall conform to the following rules during the navigation:
(1) Before entering the bridge-adjacent waters, they shall put the engines on standby, check and ensure, inter alia, the main navigation equipment, lights, and ship type in good working condition;
(2) When passing through a navigable span of the bridge, they shall ensure sufficient spacing between the top of the vessels and the ceiling of the span and sufficient safe spacing between the sides of vessels and the edges of the bridge piers;
(3) They shall enhance navigation lookout and navigate carefully at a safe speed;
(4) They shall refrain from passing through the bridge-adjacent waters when the navigation aid signs or other facilities show abnormal condition in the bridge-adjacent waters which cannot guarantee the safe passage; and the crew of vessels shall promptly take safety measures while reporting the abnormal condition to the local maritime department and competent waterways management department; and
(5) Other provisions of laws, regulations and rules.
A vessel shall not conduct the following activities when it passes through the adjacent waters of a bridge:
(1) Chasing and overtaking any other vessel;
(2) Navigating alongside any other vessel;
(3) U-turning or navigating across the watercourse;
(4) Crossing any non-navigable bridge span;
(5) Engaging in the navigation test (except for the testing of main engines); or
(6) Conducting other activities of affecting the navigation safety in the bridge-adjacent waters.
Except in case of emergencies, no vessels are allowed to be anchored in the bridge-adjacent waters.
Where a vessel is anchored in the adjacent waters of a bridge in emergency, the crew of the vessel shall promptly report to the local maritime department, display the required signals in accordance with relevant provisions, report the status of the vessel through such means as the VHF, and take effective measures to leave the bridge-adjacent waters as soon as possible.
Vessels are not allowed to pass through a bridge in the adjacent waters under one of the following circumstances:
(1) Where the visibility is lower than the required level;
(2) Where the wind force reaches the level on which navigation should be restricted;
(3) Where the water-flow velocity reaches the level on which navigation should be restricted; or
(4) Where any accident occurs in the bridge-adjacent waters or there exists any serious safety hazard in such waters.
Where any of the above circumstances occurs, the maritime department shall release navigation warnings in accordance with law.
Whoever violates Article 9 of these Provisions shall be ordered by the competent maritime department to make corrections, and shall be imposed a fine of not less than 2,000 yuan but not more than 10,000 yuan if he/she fails to do so.
Whoever violates Article 11 or Paragraph 1 of Article 13 of these Provisions shall be imposed a fine of not less than 2,000 yuan but not more than 10,000 yuan by the competent maritime department.
Whoever violates Article 12 of these Provisions shall be ordered by the competent maritime department to make corrections, and shall be imposed a fine of not less than 2,000 yuan but not more than 10,000 yuan if he/she fails to do so.
Where any staff member of the competent maritime department or other competent administrative departments commits dereliction of duty, abuse of power, or conducts illegalities for personal gains or by fraudulent means, such staff member shall be imposed a sanction in accordance with law; where such staff member is suspected of committing a criminal offense, he/she shall be referred to the competent judicial departments for criminal investigation.
These Provisions shall become effective as of July 1, 2014.