In recent years, the relevant departments have vigorously carried out the law enforcement and governance of highway norms, and the phenomenon of arbitrary tolls and fines on highways has been improved, but the "2022 Survey Report on the Employment Status of Truck Drivers" released by the Road Freight Branch of the China Federation of Logistics and Purchasing in April 2023 shows that 32.11% of truck drivers still have a negative attitude towards this situation. Among them, on a video platform, a number of users pointed the finger at the truck for installing a water tank and was punished.
It is understood that most of the trucks on the market are drum brakes, and the brake pads are prone to thermal decay in long downhill conditions or in hot weather, resulting in rapid attenuation of braking force. As a result, most truck drivers are equipped with a larger water tank and a sprinkler device to prevent brake pads and tyres from overheating, while the smaller water tank that leaves the factory is mostly used to store domestic water.
In 2016, the Ministry of Transport issued a notice on the "Provisions on Administrative Law Enforcement Procedures for Transportation" (Draft for Comments) for public comment. Paragraph 7 of Article 88 of the Draft for Comments states that "the external dimensions of the body remain unchanged, only the internal shape and structure are changed, such as temporary containers (excluding dangerous goods containers) placed in the compartment, container semi-trailer trucks are equipped with air-conditioning compressors and generators for refrigeration on the trailer, or semi-trailer trucks need to cool down the tires and install water tanks when driving on mountain roads, which does not change the approved load of the vehicle or substantially affect driving safety", the transportation administrative law enforcement department may not impose administrative penalties in the administrative inspection.
However, in the Provisions on Administrative Law Enforcement Procedures for Transportation (Trial), which came into effect on July 1, 2017, this provision does not appear. Since then, it has undergone several revisions, and this situation has not been mentioned again.
But this does not mean a blow to the retrofitting of water tanks to trucks. Because the current "Motor Vehicle Registration Regulations" also clearly states that "freight motor vehicles are equipped with draft shields, water tanks, tool boxes, spare tire racks, etc., without affecting safety and identification plates, the owner of the motor vehicle does not need to change the registration". However, the reporter's search found that there are still some areas that punish truck drivers on the grounds of "illegal modification".
Is it illegal to retrofit a water tank?
In November 2021, the Meichuan Police Station of the Wuxue City Public Security Bureau in Hubei Province intensively punished a batch of trucks with water tanks. According to the administrative penalty decision, the police of the police station in accordance with Article 57 of the "Motor Vehicle Registration Regulations (2012 Amendment)", that is, "if the appearance of the motor vehicle and the relevant technical data that have been registered are changed without authorization, the traffic management department of the public security organ shall order it to restore the original state and impose a warning or a fine of less than 500 yuan", and impose a fine of 500 yuan on the violator.
However, the "Motor Vehicle Registration Regulations (2012 Amendment)" was revised in December 2021, and the current effective "Motor Vehicle Registration Regulations" amended this provision to "if the appearance of the motor vehicle and the relevant technical parameters of the registered motor vehicle are changed without authorization, the traffic management department of the public security organ shall order it to restore the original state and impose a warning or a fine of not more than 500 yuan".
However, as mentioned above, the Motor Vehicle Registration Regulations, both before and after the revision in December 2021, clearly stated that "the owner of the motor vehicle does not need to change the registration if the cargo motor vehicle is equipped with a windshield, water tank, tool box, spare tire rack, etc., without affecting the safety and identification number plate". With the support of this provision, the installation of additional tanks seems to be permissible again.
In this regard, Zhou Zhaocheng of Beijing Anjian Law Firm said that illegal modification refers to the change of registered structure, structure or characteristics of a motor vehicle. The addition of a water tank obviously changed the original structure of the truck and could therefore be considered an illegal modification. Illegally modified vehicles have great safety risks, which may change the stability, handling and braking performance of the vehicle, thereby affecting driving safety. In addition, illegal modifications may also cause damage to the carrying capacity and service life of the vehicle, increasing the probability of accidents. Therefore, in order to maintain road traffic order and ensure public safety, it is necessary to crack down on illegal modifications.
Zhou Zhaocheng also said that some drivers think that the installation of a water tank is to cool down the brake pads and prevent the brake pads from overheating during the downhill process, but this modification method has not been professionally designed and tested for safety, and there may be potential safety hazards. For example, the installation of a water tank may change the weight distribution of the vehicle, affecting the stability and handling of the vehicle, and at the same time, the pipes and connections of the water tank may also be leaking and other safety hazards if they are not installed properly.
Punished "ice machine"
In some areas, the punishment for trucks to install water tanks and drench them while driving is really a last resort.
Li Runlan is a driver with 10 years of experience in driving a truck, she said, when driving in the northern region in the summer, the traffic police will turn a blind eye to the above situation, "they should understand part of (the reason for using the sprinkler)"; but as the temperature drops, the traffic police will strictly investigate this situation, because if the passing truck continues to use the sprinkler, it will form a long slippery road, and in serious cases, a large amount of dark ice will be formed, and other drivers will cause serious traffic accidents such as side slippage and rollover if they are not careful.
In the process of retrieving information, the reporter found that the traffic management departments in different regions often have different standards when dealing with the water tank problem.
Among them, in November 2023, the Fuping Brigade of the Hebei Expressway Traffic Police actively coordinated with the owner unit to set up four large-scale prohibition signs in the direction of Baoding, and produced and issued leaflets to guide the majority of truck drivers to consciously resist the use of watering equipment in winter. At the same time, the brigade also coordinated with the Shanxi police to shut down the water filling points in the proximal service areas in Shanxi during the winter to reduce or reduce the risk of drenching. They relied on toll stations and service areas to dismantle relevant devices on the spot for vehicles that were still drenched in winter.
In December of the same year, the traffic police brigade of Changwu County Public Security Bureau in Xianyang, Shaanxi Province, together with road administration, highway and other departments, formed a working group to rectify the water points along the national highway in the jurisdiction, issued a notice to the people at the water points to eliminate potential safety hazards, explained to the people at the water points the hazards of adding water to large vehicles in winter, and dismantled the water filling facilities such as water pipes and pumps. At the same time, the police force was dispatched to activate the traffic safety inspection service point, keep an eye on the key hours at night and early morning, and carry out forced water release on the downward large trucks at the slope head to ensure that the road surface is dry. At the same time, vigorously carry out night patrols, give early warnings in front of icy road sections, instruct vehicles to slow down, and shout to order moving vehicles to turn off and drench.
This means that there are often big differences in whether or not truck drivers will be penalized in different regions.
Li Runlan said that many truck drivers are out all year round to "pick up work", and the area they drive may span several provinces, but the traffic police around the country not only strictly inspect the water tank and sprinkler at different times, but also the intensity is not the same. Among them, some areas require trucks to be free of water during driving, but there are also areas that require the complete removal of the water tank and water sprinkler to be exempted from punishment. Truck drivers are often fined for not being notified and requested by various districts in a timely manner.
"I installed the water tank and sprinkler for the sake of safety, and the traffic police strictly investigated and dealt with it for the sake of safety. It's all good intentions, but there is a conflict. It's really a punishment, this trip is not only done in vain, but also has to be paid for oil. A truck driver surnamed Wang said, "I hope there can be a unified platform to focus on the time and identification standards of the water tank in various places, the driver is prepared, and the traffic police are not misunderstood." ”
Source: China Traffic Radio (Reporter Ma Mingren)
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