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Measures of Beijing Municipality for the Administration of Urban Roads

(Promulgated by Decree No.156 of the People’s Government of Beijing Municipality on June, 1,2005)

CHAPTER I GENERAL PROVISONS

Article 1 These Measures are formulated in accordance with the Regulations for the Administration of Urban Roads, by taking into account the particular situations of this Municipality, for the purposes of strengthening the administration of the urban roads of this Municipality, guaranteeing the good condition of these roads and putting them to the best use.

Article 2 These Measures shall apply to the planning, construction, maintenance, supervision and administration of the urban roads within the administrative area of this Municipality.

For the purposes of these Measures, urban roads refer to the high-speed roads, main roads, sub-main roads, branch roads and the auxiliary bridges.

Article 3 The transportation administrative department of this Municipality shall be the competent department for the administration of the urban roads of this Municipality. The municipal transportation and road administrative department shall be responsible for the supervision and administration of the construction, maintenance of high-speed roads, main roads and the auxiliary bridges, and provide instructions for the administration of urban roads at the district and county levels; the transportation and road administrative departments at the district and county levels shall be responsible for the supervision administration of the construction and maintenance of sub-main roads, branch roads and the auxiliary bridges within their respective administrative areas.

The administrative departments for planning, development and reform, construction, civil administration, parks and woods, water affairs, public security and traffic administration shall be responsible for the administration of issues relevant to urban roads in light of their corresponding functions and duties.

Article 4 The principles of overall planning, coordinated construction, cooperated development shall be adopted for the administration of the urban roads in this Municipality, and equal stress shall be laid on construction and maintenance.

Article 5 This municipality encourages the scientific and technical research on urban roads, promotes advanced technologies and techniques with a view to improve the scientific and technical levels of the administration on urban roads.

Article 6 It is everyone’s duty to protect urban roads. All units and individuals shall have the right to inform against and report such activities as endangering the safety of urban roads.

The transportation and road administrative department shall commend the units and persons that have made conspicuous achievements in urban road protection.

CHAPTER II PLANNING AND CONSTRUCTION

Article 7 The municipal administrative departments for planning and transportation shall, together with relevant departments, organize the drawing up of the plan for the urban road network of this Municipality in accordance with the master planning of this Municipality.

The municipal transportation administrative department shall, together with relevant departments, organize the drawing up of the annual construction plan for urban roads in accordance with the plan of the urban road network of this Municipality which shall be implemented upon being submitted to the municipal development and reform administrative department for overall balance.

The annual construction plan for urban roads shall be drawn up before the end of the previous year.

Article 8 The underground pipes of newly-built urban roads shall be planned together with the urban roads, and be constructed together with the urban roads in light of the principle of “underground first, surface second”. And the shared corridors shall be constructed together with the urban roads if the situations permit.

Annual construction plans of underground pipes drawn up under the comprehensive coordination by the civil administrative department shall be linked up to the annual construction plan of urban roads.

Article 9 The project reconnaissance, design, construction and supervision units undertaking urban road construction shall be qualified for their work, obey the provisions of the laws and regulations of the State and this Municipality and carry out the technical standards and specifications as stipulated.

Article 10 Where an urban road construction project is completed, the construction unit shall organize the completion acceptance and execute the formalities of entering in the records. Where a construction project passes the inspection, it shall be turned over to the transportation and road administrative department for maintenance, and the relevant materials on project completion shall be transferred by the constructing unit according to regulations.

The constructing unit of auxiliary underground pipes of urban roads shall, in accordance with the relevant regulations of this Municipality, transfer the archive materials of the underground pipes project to the relevant department together with the information and data of the underground pipes according to law.

Article 11 Where a newly built urban road runs across a railway or an urban track transportation line, or a newly built railway or an urban track transportation line runs across an urban road, an overpass facility shall be constructed, and the expense shall be born by the construction unit.

The present plain railway crossings shall be reconstructed into overpasses gradually. The reconstruction expenses to be born by the railway departments and the urban roads construction units shall be determined upon consultations in accordance with the relevant regulations of the State.

CHAPTER III MAINTENANCE

Article 12 The person responsible for the maintenance shall ensure the good condition of urban roads.

Urban roads constructed with government investment shall adopt such competitive methods as bid invitation and professional maintenance units with competent maintenance capacities shall be chosen as the person responsible for the maintenance.

Where an urban road is constructed with non-governmental investment, the responsibility of maintenance shall be born by the investing and construction units. Where it is otherwise agreed between the investing and construction unit and the professional maintenance unit, the agreement shall prevail.

Where the maintenance is assigned to a professional maintenance unit, an agreement shall be entered into to specify the rights, obligations and responsibilities of both sides.

Article 13 For an urban road the maintenance of which is funded by the government, the transportation and road administrative department shall, in light of its functions and duties, draw up the annual maintenance plan according to its the grade, amount, condition and quota of maintenance, and the maintenance expense shall be included in the financial budget of the government at the same level.

Article 14 The persons responsible for maintenance shall set up inspection, examination and evaluation systems and perform maintenance and remove hidden perils according to the technical standards and regulations of maintenance without delay so as to make sure the good condition of the urban roads.

Article 15 During a maintenance operation of an urban road, safety signs shall be set up and safety measures shall be adopted. The vehicles and equipments shall use unified operation signs. The maintenance personnel shall wear unified safety clothes.

Article 16 Where the load carrying ability of an urban bridge decreases without reaching the dangerous stage, the person responsible for maintenance shall timely change the load carrying ability signs, set up safety signs and take measures to reinforce the bridge.

Where the load carrying ability of an urban bridge decreases and reaches the dangerous stage or an urban road subsides, breaks or other unexpected incidents that impede transportation safety happens, the person responsible for maintenance shall immediately set up safety signs, take emergency measures and report to the traffic administration department and the transportation and road administrative department.

Article 17 The persons responsible for maintenance shall set up and improve urban road maintenance information archives, record the maintenance work, inspection, examination and other relevant information thoroughly and timely, preserve the information well and provide it to the transportation and road administrative departments truthfully.

Article 18 The examination wells and their lids or covers of the auxiliary underground pipes of urban roads shall be in conformity with the standards of urban roads maintenance. Where the well lids or covers are missing, displaced or sunk and affect the transportation and safety, the relevant units holding the property rights shall have them replaced or repaired.

CHARPTER IV SUPERVISION AND ADMINISTRATION

Article 19 All units and individuals shall have the duty to maintain the safety of urban roads and shall have the right way.

No unit or individual may change the planned usage of urban roads. Except for traffic control implemented according to law, no unit or individual may enclose urban roads or restrict the transportation of vehicles and passengers.

Article 20 The following activities are forbidden:

(1) destroying, changing and removing urban roads facilities or setting up obstacles without authorization;

(2) setting up buildings or structures on urban roads without authorization;

(3) vehicles making trying brakes on bridges or non-designated urban roads;

(4) using urban bridges to perform construction works such as stretching and hoisting;

(5) other activities that damage or occupy urban roads.

Article 21 The transportation and road administrative department shall set up examination and evaluation systems for urban roads and organize regular examinations and evaluations on the reliability of urban roads. Where, upon examination and evaluation, the load carrying ability of an urban road is determined to have decreased or has reached the dangerous stage, the person responsible for maintenance shall be informed who shall remove the hidden perils within a prescribed period.

The examination and evaluation of urban roads shall be undertaken by professional examining institutions, and the examining institutions and the relevant individuals shall bear the pertinent legal responsibilities for the examination results.

Article 22 Where it is necessary to occupy or dig urban roads, or to overpass or run across urban bridges in order to set up or increase pipes and the following requirements are met, the construction shall be carried out within the permitted scope and time period upon getting the permission of transportation and road administrative department; where the traffic safety is affected, the construction unit shall also get the permission of the traffic administration department. However, where it is otherwise stipulated in Article 23 of these Measures, these stipulations shall be followed.

(1) being in accordance with the management plans of urban road occupying or digging;

(2) having a traffic split-flow and dredging plan which may reduce the impact on traffic to the utmost;

(3) where a road is dug, such working plans as night operation that may reduce the impact on traffic shall be adopted;

(4) having a plan of protective measures that may maintain the safety of traffic, urban roads and auxiliary pipes;

(5) having necessary emergency preparations; and

(6) meeting other requirements as required by laws, rules and regulations.

The management plan of urban road occupying or digging as mentioned in first item of the previous paragraph shall be drawn up by the transportation and road administrative department and implemented upon being made known to the public.

Article 23 The newly-built, rebuilt and expanded urban roads which were put into use less than 5 years ago or those the major repairs of which were completed less than 3 years ago shall not be dug. Where it is necessary to dig such roads due to specific circumstances, the digging operation shall be examined by the transportation and road administrative department and then reported to the people’s government at the same level for approval.

Where it is necessary to dig an urban road because of the rush repairs of the underground pipes in an emergent accident, the repairing unit may repair first and report it to the traffic administration department and transportation and roads administrative department at the same time and get the permission to dig afterwards within 24 hours.

Article 24 Where an urban road is occupied upon permission, the occupying fees shall be turned in to the transportation and road administrative department.

Where an urban road is dug upon permission, the digging unit shall entrust the maintenance unit of the urban road with the work of completing the repair in a timely manner before the time limit of the permission expires, and shall pay repairing fees to the maintenance unit. The maintenance unit shall be responsible for the quality of the repairs.

The collection standards of urban road occupying fee and digging repairing fees shall be implemented in accordance with the Regulations for Administration of Urban Roads.

Article 25 Where a creeper truck, an iron-wheel vehicle or a super-heavy, super-high or super-long vehicle needs to travel on the urban roads, a passing plan shall be drawn up and be approved by the transportation and road administrative department, and the vehicle shall travel at the time, route and speed designed by the traffic administration department and obvious signs shall be hung on it.

Article 26 When doing such operations as dredging the waterways, digging sand, exploding and other works that might affect the safety of a bridges within 50 meters of the bridge, the operating unit shall draw up a plan on the protection of the urban bridge and the inspection measures the safety of which shall be discussed and approved by experts and traffic administration departments, transportation and road administrative department and other relevant departments.

Article 27 Where the safety of an urban road is affected while an operating unit is digging the urban road or carrying out operations in accordance with the provisions of Article 26 of these Measures, the operating unit shall stop operation immediately, take emergency measures to prevent the expansion of the dangers, notify the maintenance unit of urban roads and report to the traffic administration and transportation and road administrative department; where the safety of auxiliary pipes is affected, the operating unit shall also report it to the unit holding the property rights and relevant administrative departments.

Article 28 Transportation administrative department shall coordinate such administrative departments for planning, construction, civil administration, public security, traffic administration, transportation and road administration, so as to realize the sharing of the administrative information of urban roads.

Transportation and road administrative department shall set up and improve the information database of the loading abilities, maintenance, occupying and digging of urban roads and regularly release information about the maintenance, occupying and digging of urban roads.

CHAPTER V LEGAL RESPONSIBILITIES

Article 29 Where an administrative organ or any of its functionaries grants an administrative permission or punishment in violation of laws, or causes a safety responsibility accident by failing to perform the functions and duties of safety production supervision and administration, or intentionally delay to report, falsely report, or conceal a safety production accident, or fails to perform their functions and duties in other ways, the organ or the individual shall be ordered to rectify by the organ at the next higher level; where the circumstances are serious, the person-in–charge or other persons with direct responsibility shall be given administrative sanctions according to law; where a crime is committed, the criminal responsibility shall be investigated for according to law.

Article 30 Where, in violation of Article 14 of these Measures, a person responsible for maintenance fails to set up an inspection, examination and evaluation system, he shall be ordered to rectify within a prescribed period and given a warning by the transportation and road department; where the circumstances are serious, he shall be fined not less than 10,000 Yuan nor more than 30,000 Yuan.

Article 31 Where anyone acts in violation of Article 20, the first paragraph of Article 22 or Article 25 of these Measures, he shall be punished in accordance with the Regulations for Administration of Urban Roads.

Article 32 The illegal activities, the punishment and the rectifying of the units responsible for the maintenance of urban roads shall be recorded by the enterprises’ credit information system.

Article 33 Where anyone causes damages to the urban roads in violation of these Measures, he shall bear the responsibilities of repairing and compensation according to law.

Where a person responsible for a damage fails to fulfill his duty of repairing, the maintenance units of urban roads shall organize the repairing first, and the repairing fees shall be born by the person responsible for the damage.

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 34 These Measures shall enter into force as of August 1, 2005. The Interim Measures of Beijing Municipality for the Administration of Urban Roads and Bridges promulgated by the People’s Government of this Municipality on January 24, 1986; the Measures of Beijing Municipality for the Administration of Temporary Occupying of Roads promulgated by the People’s Government of this Municipality on November 18, 1993 and amended on December 31, 1997; and Article 3, Article 4, Article 6(2), Article 6(3), Article 6(4) and Article 7 of Regulations of Beijing Municipality on Strengthening the Administration of Overpasses and Underground Passages promulgated by the People’s Government of this Municipality on October 13, 1988 and amended on August 27, 2001 shall be repealed simultaneously.