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The head of the Legislative Affairs Office of the State Council answered questions on the regulations on the safety supervision and administration of agricultural machinery. On September 17, 2009, Premier Wen Jiabao signed a State Council order and promulgated the regulations on the safety supervision and administration of agricultural machinery (hereinafter referred to as the regulations), which will come into force on November 1, 2009. A few days ago, the head of the Legislative Affairs Office of the State Council answered questions about the regulations

ask: why should the regulations on the safety supervision and administration of agricultural machinery be formulated

answer: agricultural machinery plays a very important role in realizing agricultural mechanization, improving agricultural comprehensive production capacity, promoting modern agricultural construction, developing rural economy and increasing farmers' income. The CPC Central Committee and the State Council attach great importance to the development of agricultural mechanization. In 2004, the Standing Committee of the National People's Congress formulated the promotion law of agricultural mechanization, which regulates the scientific research and development, quality assurance, popularization and use, socialized services and supporting measures of agricultural machinery, and effectively promotes the popularization and application of agricultural machinery. In 2004, the central government allocated 70million yuan of subsidies for the purchase of agricultural machinery and tools. By 2009, the purchase subsidies had reached 13billion yuan

with the doubling of subsidies for the purchase of agricultural machinery, the number of agricultural machinery has increased rapidly, the field of agricultural machinery operation has been continuously expanded, the number of agricultural machinery operators has increased significantly, the safety problems of agricultural machinery have become increasingly prominent, and a large number of agricultural machinery safety accidents have occurred. According to statistics, in 2008, there were 8319 agricultural machinery accidents, 2732 deaths and 8296 injuries. The reasons for a large number of agricultural machinery accidents in China are: first, the production, sales and maintenance management system of agricultural machinery products is imperfect, the quality assurance of producers and sellers is not clear, the maintenance market is not standardized, and the phenomenon of assembling agricultural machinery with fake and inferior accessories and using defective accessories for maintenance occurs from time to time, with serious potential safety hazards. Second, the operation safety system of agricultural machinery has not been well implemented, the safety awareness of operators is weak, and the skill level of operating agricultural machinery needs to be improved. In particular, the safety inspection rate of agricultural machinery endangering personal and property safety, such as tractors and combine harvesters, is low, the degree of specialization of operators is not high, and the phenomena of driving without a license and illegally riding and carrying passengers are common. Third, according to the provisions of the road traffic safety law, traffic accidents caused by tractors driving on the road shall be handled by the public security and traffic management department. Accidents caused by agricultural machinery other than tractors still lack a clear legal basis. The handling procedures and safety supervision measures for safety accidents of agricultural machinery need to be further improved and strengthened. Therefore, it is necessary to formulate the regulations on the safety supervision and administration of agricultural machinery

Q: just now you mentioned that China's "management system for the production, sale and maintenance of agricultural machinery products is imperfect". In this regard, how do the regulations strengthen and standardize

answer: in order to reduce potential safety hazards from the source and improve the quality and safety level of agricultural machinery products, the regulations have made the following provisions on the production, sales and maintenance of all agricultural machinery:

first, clarify the quality assurance of agricultural machinery producers. Agricultural machinery producers shall organize production in accordance with the safety technical standards for agricultural machinery, and establish and improve the quality assurance and control system; The producers of agricultural machinery subject to the administration of production licenses for industrial products according to law shall obtain corresponding qualifications. Agricultural machinery can only leave the factory after passing the inspection and attached with detailed safety operation instructions and safety warning signs. The storage period of ex factory records shall not be less than 3 years

second, standardize the quality control of agricultural machinery sellers. There are some precautions for the sales of agricultural machinery when using the spring testing machine. The purchased agricultural machinery should be checked for the product certificate. For agricultural machinery that is subject to the administration of production licenses for industrial products according to law and must be certified according to law, the corresponding supporting documents or marks shall also be verified. The retention period of sales records shall not be less than 3 years

third, establish a recall system for defective products. If the producers and sellers of agricultural machinery find that the agricultural machinery they produce and sell has defects in design, manufacturing and so on, which may cause damage to the safety of people and property, they shall immediately stop production and sales, report to the relevant departments in time, and notify the users of agricultural machinery to stop using. Producers should recall defective agricultural machinery in time. If a producer or seller fails to perform this obligation, the quality supervision and industrial and commercial administration departments may order the producer to recall agricultural machinery and order the seller to stop selling agricultural machinery

fourth, clarify the conditions and procedures for the establishment of agricultural machinery maintenance enterprises and standardize the maintenance behavior of agricultural machinery. Those engaged in the maintenance and operation of agricultural machinery shall have necessary maintenance sites and facilities, corresponding maintenance technicians, safety protection and environmental protection measures, and obtain corresponding maintenance technology qualification certificates. For the maintenance of agricultural machinery, it is not allowed to use accessories that do not meet the safety technical standards, assemble or refit the complete agricultural machinery, or undertake the maintenance of agricultural machinery that has reached the scrapping conditions

Q: tractors and combine harvesters are large agricultural machinery, which are easy to cause harm to public safety. What are the regulations on the operation and use of tractors and combine harvesters

answer: the number of operators of tractors and combine harvesters in China is large and widely distributed. Strengthening the safety supervision of tractors and combine harvesters is an effective means to reduce safety accidents of agricultural machinery and ensure that the focus of agricultural safety enterprises is on how to produce on the basis of national standards. The regulations make the following provisions:

first, implement license plate management for tractors and combine harvesters. However, some automobile factories in Europe believe that they can use a variety of superior performance to make up for it. Before tractors and combine harvesters are put into use, their owners should apply for registration with the competent department of agricultural mechanization of the local people's government at the county level. After passing the safety inspection, the competent department of agricultural mechanization shall register and issue corresponding certificates and licenses

second, the operators of tractors and combine harvesters should be managed with operation certificates. If the operators of tractors and combine harvesters pass the examination, the competent department of agricultural mechanization shall issue corresponding operation certificates and stipulate the period of validity of the certificates

the third is to standardize the safe operation of tractors and combine harvesters. Operators of tractors and combine harvesters shall not operate tractors and combine harvesters that are inconsistent with their own operation certificates, and shall not operate tractors and combine harvesters that are not registered, inspected or fail to pass the inspection as required, with incomplete safety facilities and invalid parts. It is forbidden to use tractors and combine harvesters to carry people in violation of regulations

question: the handling of agricultural machinery accidents is a matter of concern to everyone. Can you introduce the relevant content

answer: in order to regulate, facilitate and quickly deal with agricultural machinery accidents, the regulations make the following provisions:

first, standardize the handling procedures of agricultural machinery accidents. After an agricultural machinery accident occurs, the party concerned shall immediately report to the local competent department of agricultural mechanization; After receiving the report, the competent department of agricultural mechanization should immediately send people to the scene for inspection and inspection, organize the rescue of the injured, and make an accident confirmation

second, it stipulates that the competent department of agricultural mechanization should provide convenience and help for the parties to deal with subsequent matters such as accident damage compensation. If the parties have a dispute over the compensation for damage caused by agricultural machinery accidents, they may request the competent department of agricultural mechanization to mediate. If an agreement is reached through mediation, the mediation statement shall take effect after being signed by the parties. If the mediation fails to reach an agreement or the parties bring a lawsuit to the court, the mediation shall be terminated. If the parties renege after reaching an agreement through mediation, they may bring a lawsuit to the court. If an accident is caused by the quality of agricultural machinery products, the competent department of agricultural mechanization shall issue relevant certification materials

third, according to the provisions of the road traffic safety law, strengthen the mutual cooperation between the competent department of agricultural mechanization and the public security department. Generally speaking, the trapezoidal lead screw clearance is relatively large, and the traffic management department of Da'an. Traffic accidents caused by agricultural machinery on roads shall be handled by the traffic management department of the public security organ in accordance with the laws and regulations on road traffic safety; The competent department of agricultural mechanization shall regularly inform the traffic management department of the public security organ at the same level of the registration and inspection of tractors and the issuance of relevant certificates, license plates and operation certificates. The traffic management department of the public security organ shall regularly inform the competent department of agricultural mechanization at the same level of the traffic accidents of agricultural machinery on the road and the treatment

question: agricultural machinery involves the interests of farmers. In addition to regulating the behavior of agricultural machinery producers, sellers and operators, what are the provisions on the service functions of relevant government departments

answer: in order to enable relevant government departments to provide better and better services in the safety supervision of agricultural machinery, the regulations make the following provisions:

first, strengthen the service function of the competent department of agricultural mechanization. The competent department of agricultural mechanization shall regularly conduct free on-site safety inspections of agricultural machinery that endanger the safety of people and property, summarize the safety inspections, and establish archives for the safety supervision and management of agricultural machinery; Before the combine harvester operates across administrative areas, the competent department of agricultural mechanization of the local people's government at the county level shall, in conjunction with relevant departments, carry out necessary safety inspections

second, standardize the service functions of quality supervision, industry and Commerce and other relevant departments. If the party concerned finds that the agricultural machinery has problems in product quality and maintenance quality, he may complain to the local competent department of agricultural mechanization, the local quality supervision department and the administrative department for Industry and commerce. The department receiving the complaint shall handle it in a timely manner according to law or hand it over to the relevant department in a timely manner. The departments in charge of agricultural mechanization and the departments of quality supervision and Administration for Industry and Commerce shall regularly summarize the complaints about the quality of agricultural machinery products and maintenance quality and report them level by level

third, establish a scrapping and recycling system of agricultural machinery that endangers the safety of people and property. The competent department of agricultural mechanization under the State Council, together with the quality supervision, industry and other departments under the State Council, stipulates the conditions for scrapping agricultural machinery that endangers the safety of people and property, and recycles agricultural machinery that meets the conditions for scrapping or is in use and has been officially eliminated by the state. The recovered agricultural machinery shall be dismantled or destroyed by the recycling unit under the supervision of the competent department of agricultural mechanization of the people's government at the county level

fourth, standardize the charging system. In order to prevent arbitrary charges, the regulations clearly stipulate that the fees for the examination of tractor operation certificates, the fees for safety technology inspection and the production costs of license plates should be strictly implemented in accordance with the charging standards approved by the competent price department of the State Council