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Not only to see, but also to control

Not only to see, but also to control

In June this year, the prosecutor of the Jiangshan Municipal Procuratorate checked the rectification of the monitoring platform of an urban and rural bus company in Jiangshan, and found that the full-time monitoring personnel had been standardized, and could quickly deal with fatigue driving, speeding and other illegal behaviors in enterprise vehicles in a timely manner.

  "We've added full-time monitoring staff and trained and reminded drivers. Now, the early warning information of the vehicle dynamic monitoring platform has dropped from more than 2,000 to 170 per day, and the manual intervention disposal rate has increased from 10% to 87.7%. Since the beginning of this year, there has not been a single traffic fatality in our company. Recently, the procuratorate of Jiangshan City, Zhejiang Province organized a special supervision of the dynamic supervision of road transport vehicles, "looking back", the person in charge of an urban and rural bus company in Jiangshan City told the prosecutor.

  At the beginning of this year, the Jiangshan Municipal Procuratorate deployed a special supervision action for the dynamic supervision of road transport vehicles, and set up a case handling team headed by Yin Yicun, secretary of the party group and chief procurator of the procuratorate. After half a year of supervision by the procuratorate, the dynamic monitoring system of road transport vehicles has truly become the "eye" to grasp the operation of transport vehicles in real time, escorting the standardized driving of road transport vehicles.

  Data collision analysis, linkage to discover case clues

  Jiangshan City is located at the edge of Zhejiang, Fujian and Jiangxi provinces, known as "the key to the southeast, the throat of Fujian", the special geographical location and the large number of industrial and mining enterprises in the territory, making Jiangshan City an important land passage, with an average daily driving of nearly 10,000 freight vehicles.

  In recent years, there has been a high incidence of traffic fatalities in Jiangshan City, which has aroused the concern of the local people. At the beginning of this year, the Jiangshan Municipal Procuratorate sorted out 178 road traffic fatalities in the local area in the past three years, and found that 76 vehicles were transport vehicles, accounting for 42.7%, of which many accidents were caused by irregular driving behaviors such as driver fatigue driving and distracted driving.

  Why is the proportion of traffic accidents caused by transport vehicles still high? Is it because the driver "keeps teaching" or is there another reason? Are there regulatory loopholes?

  In January, a bus accident that injured several people caught prosecutors' attention. Surveillance video shows that at around 7:40 a.m., the bus driver had experienced facial features such as frequent blinking and longer closed eyes, until 7:56 a.m., when the driver completely closed his eyes and fell asleep, and 10 seconds later, the car crashed into a roadside mountain.

  The driver's fatigue driving characteristics are obvious but no one finds it, and the full-time monitoring personnel do not deal with and remind the platform warning in time, and the dynamic monitoring system is in vain...... After grasping the relevant situation, the Jiangshan Municipal Procuratorate based on 44 cases of transport vehicle fatal accidents, took the affiliated enterprises as the analysis object, classified them according to the types of main causes of the accident, and locked the only logistics company in Jiangshan that was listed twice at the provincial level and an urban and rural bus company in Jiangshan as sample enterprises. In the past three years, there have been a total of 8 at-fault traffic fatalities between the two companies, resulting in 10 deaths. After colliding with vehicle information, monitoring platform information, traffic violation information and other data, many accidents occurred before the driver was speeding, fatigue driving, etc., but the vehicle dynamic supervision platform did not make any reminders, warnings or stops.

  Expand the investigation in depth and accurately dig out regulatory loopholes

  According to Article 8 of the Measures for the Dynamic Supervision and Administration of Road Transport Vehicles formulated by the Ministry of Transport, passenger transport enterprises and freight companies with more than 50 heavy trucks shall build their own or entrust a third-party monitoring platform to implement dynamic supervision of vehicles and drivers.

  The Jiangshan Municipal Procuratorate carried out a traceability investigation on the enterprises involved and found that road transport enterprises generally have problems such as insufficient full-time monitoring personnel and ineffective performance of duties. If a logistics company entrusts a third-party company to monitor the platform, it is agreed that the third-party company shall be equipped with 4 customer service personnel to monitor vehicle dynamic data 24 hours a day. However, in fact, the total business volume of the third-party company that needs to monitor more than 4,000 general cargo vehicles, all employees are only 3, which has seriously violated the standard equipment of 1 person for every 100 vehicles connected to the law and the minimum of not less than 2 people, resulting in the problem of unmanned monitoring or supervision without control.

  In the process of comparing the road monitoring data with the traffic management department, the hospital found that the inconsistency between the speeding warning information of the monitoring platform and the actual situation is also very prominent. According to the data captured by road traffic monitoring, in the fourth quarter of 2023, traffic road monitoring captured 17 trucks speeding under the name of Fude Logistics Company, but during the speeding period, the company's own monitoring platform did not have any alarm information.

  During the investigation, the procuratorate also found that road transport enterprises did not effectively implement the dynamic information processing system for traffic violations. In the fourth quarter of 2023, a logistics company received a total of 290 fatigue driving warning messages, but the company only issued warnings, interviews, criticisms and fines for vehicles with a high frequency of speeding, and did not take any management measures for fatigue driving violations. Among them, there were 24 fatigue driving warnings for a vehicle in the fourth quarter, with a duration of up to 7 hours and 43 minutes, but the company did not take any management measures against the driver.

  Procuratorial public hearings have broadly gathered consensus on rectification and reform

  The investigation of the hospital found that the problem of non-standardized vehicle dynamic monitoring occurred in addition to factors such as enterprises not paying attention to dynamic supervision and not paying attention to them, as well as problems such as lax law enforcement and inadequate supervision by administrative organs. In order to fundamentally plug the loopholes and promote the administration of administrative departments according to law, on March 27 this year, the Jiangshan City Procuratorate held a hearing and organized more than 40 people, including deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, volunteers of "benefiting the public interest", people's supervisors, representatives of the Road Traffic Safety Committee, and representatives of relevant departments.

  "Road traffic safety is related to the public interest and the safety of people's lives and property, and the public interest litigation of the procuratorate can be completely done!" At the hearing, after full discussion, the hearing officer unanimously supported the procuratorate to supervise the problems existing in the dynamic supervision of road transport vehicles.

  "If it weren't for this prosecutorial hearing, it's really hard to imagine what the driver would be doing with the transport vehicles speeding down the road!" At the hearing, Zhou Gen, a representative of the Jiangshan Municipal People's Congress, said with emotion, "The vehicle dynamic monitoring platform is the 'eye' to grasp the operation of transport vehicles in real time, and it must be paid attention to." ”

  Combined with the conclusion of the hearing, the procuratorate is to publicly deliver the procuratorial recommendation to the relevant administrative organs. Under the promotion of the Jiangshan Municipal Procuratorate, in April this year, the Jiangshan Municipal Government took the lead in convening the city's road transport vehicle safety rectification deployment meeting, requiring the local public security, transportation, housing and other departments to highlight the key points and make targeted efforts, comprehensively eliminate all kinds of risks and hidden dangers, form a coordinated and linked, joint management of the governance pattern, and improve the long-term mechanism of road traffic safety management.

  "Through hearings and deployment meetings to promote the safety rectification of road transport vehicles, the form is very novel, and it also has the effect of 'red face sweating'." At the Jiangshan City Road Transport Vehicle Safety Rectification Deployment Meeting, Huang Yi, Deputy Mayor of Jiangshan Municipal Government, said.

  In response to the problems exposed in the special supervision, the administrative law enforcement departments are not performing their duties in place, and the Jiangshan Municipal Procuratorate also cooperated with the local Municipal Political and Legal Committee and the Bureau of Justice to formulate and issue the "Implementation Opinions on Strengthening the Convergence of Legal Supervision and Administrative Law Enforcement Supervision to Promote the Standardization of Administrative Law Enforcement", through data collaboration, multi-cross collaboration, and business collaboration, to further improve the legal supervision and administrative law enforcement supervision and coordination system, and provide institutional and institutional guarantees for promoting the modernization of regional governance.

  The whole system has been rectified and the effectiveness of governance has been continuously amplified

  Increase the allocation of full-time monitors, conduct business training, and remind drivers who drive in violation of regulations...... After several months of rectification, road transport vehicle enterprises have become more standardized in the use of dynamic supervision platforms.

  In order to ensure that the procuratorial recommendations can be fully implemented, the Jiangshan Municipal Procuratorate has maintained close contact with the administrative department, supervised it to carry out more than 30 inspections of dynamic supervision and full coverage of 18 "two passengers and one danger" and more than 50 general cargo transportation enterprises in the city, issued 2 rectification notices, and imposed administrative penalties on 7 enterprises.

  In the process of implementing the procuratorial recommendations, the relevant administrative departments also conducted a collective interview with the third-party companies that undertake the dynamic supervision business, requiring them to fully equip monitoring personnel and perform their duties in accordance with the regulations, strengthen the level of manual intervention, and deal with illegal acts such as vehicle speeding and fatigue driving in a timely manner, and require the third-party platform to access the dynamic monitoring data of enterprise vehicles to the traffic law enforcement supervision platform to further improve the efficiency of law enforcement supervision.

  Jiangshan City Procuratorate found that a driver had a drinking behavior during driving, and the platform immediately issued an early warning signal, and the full-time monitoring personnel locked the vehicle that drove in violation of the regulations according to the early warning signal, and reminded the driver to standardize driving through the real-time intercom system. The urban and rural bus company has also established a dynamic monitoring and management system, and regularly reminds drivers with illegal driving behaviors and fines according to early warning data.

  It is understood that through the special supervision of dynamic supervision of road transport vehicles, the law enforcement behavior of the administrative department is more standardized, the understanding of the dynamic monitoring of vehicles by various enterprises has been improved, and the technical strength and service responsibility of the third-party platform have been supplemented and compacted. "In the first half of this year, our company and a logistics company achieved the goal of 'zero fatalities' in transportation. To tell the truth, the supervision of your procuratorate is also for our own good, and for our drivers to drive safer. The person in charge of an urban and rural bus company told the prosecutor.

Source: Procuratorate Daily