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Regulations on Administration of Urban Roads

(Promulgated by Decree No. 198 of the State Council of the People’s Republic of China on June 4, 1996, and effective as of October1, 1996)

Chapter I General Provisions

Article 1 These Regulations are formulated for the purpose of enhancing the administration of urban roads, ensuring the good condition of urban roads, bringing the functions of urban roads into full play, and promoting urban economic and social development .

Article 2 Urban roads referred to in these Regulations mean roads, bridges and auxiliary facilities thereof with certain technical conditions in cities which are used for vehicles and pedestrians to pass through.

Article 3 These Regulations are applicable to urban road planning, construction, maintenance, service and road administration.

Article 4 The administration of urban roads shall apply the principles of unified planning, matching facility construction, coordinated development and of paying equal attention to construction, maintenance and administration.

Article 5 The State encourages and supports the scientific and technical research into urban roads, and the dissemination of advanced technologies and the upgrading of the scientific and technical level in the administration of urban roads.

Article 6 The competent construction administrative department of the State Council is in charge of the work of administration of urban roads in the whole country.

The competent urban construction administrative departments of the people’s governments of provinces and autonomous regions are in charge of the work of administration of urban roads in their respective administrative areas.

The competent municipal engineering administrative departments of the people’s governments of the cities at or above the county level are in charge of the work of administration of urban roads within their respective administrative areas.

Chapter II Planning and Construction

Article 7 The people’s governments of cities at or above the county level shall organize the departments of municipal engineering, urban planning, public security and communications to work out, based on the overall municipal planning, the urban road development planning.

The competent administrative departments of municipal engineering shall produce, based on the urban road development planning, the annual plan for urban road construction, which will be implemented upon the approval by the city governments.

Article 8 The funds for urban road construction may be raised, in accordance with relevant provisions of the State, through such channels as government investment, raising funds, domestic or foreign loans, revenue derived from the compensated use of State-owned land and the issuance of bonds.

Article 9 The construction of urban roads shall comply with the technical standards for urban roads.

Article 10 Where the government invests in the construction of urban roads, the competent administrative department of municipal engineering shall, based on the urban road development planning and the annual construction plan, organize the construction thereof.

Where an institution invests in the construction of urban roads, the construction thereof shall comply with urban road development planning, and be approved by the competent administrative department of municipal engineering.

The roads in urban residential quarters and development zones shall be respectively incorporated into the construction plan of the residential quarters and development zones, and be built as matching facilities therefor.

Article 11 The State encourages the investment in the construction of urban roads by domestic and foreign enterprises and other organizations as well as individuals according to the urban road development planning.

Article 12 The construction plans for pipe and pole facilities appendant to urban roads, such as water supply, drainage, gas, thermosetting, power supply, communications, fire prevention, etc., shall be harmonized with urban road development planning and annual construction plans. These facilities shall be built in step with the development of urban roads on the basis of the construction principle that underground facilities precede those above the ground.

Article 13 Where newly-built urban roads and trunk railways intercept each other, spaces for the construction of grace separation traffic facilities shall be preserved on the basis of necessity in city planning.

The construction of railway crossings at the interception of urban roads and railways shall comply with the relevant technical standards of the State and the grade separation traffic facilities shall be built up step by step. The investment needed for the construction of grade separation traffic facilities shall be decided upon by relevant departments through consultation on the basis of relevant provisions of the State.

Article 14 The construction of bridges and tunnels across or through rivers shall comply with the standards for flood control and navigation set by the State and other relevant technical norms.

Article 15 The people’s governments of cities at or above the county level shall, in a planned way, renovate and broaden the intersections of urban roads and highways according to the technical norms of urban roads, and the competent highway administrative departments may, in accordance with relevant provisions of the State, give monetary subsidies.

Article 16 The units undertaking the designing and construction of urban roads shall be in possession of corresponding level of credentials, and undertake the tasks of designing and construction of urban roads in conformity with their level of credentials.

Article 17 The designing and construction of urban roads shall rigorously follow the technical norms on the designing and construction of urban roads stipulated by the State and localities.

The construction of urban roads shall practise the engineering quality supervision system.

Urban roads may be commissioned to use upon completion only after they have been confirmed as up to standards through examination; no urban roads may be commissioned into use if they have not been examined or have failed to pass the examination.

Article 18 Urban roads shall practise a system of construction quality guarantees. The term of guarantee of urban roads is one year, which is counted from the date of being commissioned into use. If defects in quality are detected during the period of the term of the guarantee, the units which bear responsibility shall be liable to keep the urban roads in good repair.

Article 19 As to the large-scale bridges, channels, etc. constructed by using loans or raising funds, the municipal engineering administration departments may, within a certain period, collect tolls from vehicles (excluding military vehicles)passing through to repay the loans or funds raised, and the tolls collected shall not be misappropriated for other purposes .

The scope and time limit of toll collection shall be stipulated by the people’s governments of the provinces, autonomous regions and the municipalities directly under the Central Government.

Chapter III Maintenance and Repair

Article 20 The competent municipal engineering administrative departments shall, in light of the grades, milages of urban roads and quotas for maintenance and repair, ratify annual maintenance and repair outlays, and make arrangements, in a unified way, for the maintenance and repair funds for urban roads whose construction they have organized and which they administer .

Article 21 Units which undertake maintenance and repair of urban roads shall strictly follow the technical norms of maintenance and repair of urban roads, regularly carry out maintenance and repair of urban roads, and ensure the quality thereof.

The competent municipal engineering administrative departments are responsible for the supervision and examination of the quality of maintenance and repair of urban roads, and ensure the good condition of urban roads.

Article 22 The urban roads whose construction was organised and which are administered by the competent municipal engineering administrative departments shall be maintained and repaired by units of maintenance and repair of urban roads entrusted by the competent municipal engineering administrative departments. The urban roads invested in and administered by institutions shall be maintained and repaired by the institutions investing in the construction or their entrusted units. The roads in urban residential quarters and development zones shall be maintained and repaired by construction units or their entrusted units.

Article 23 The checking wells, shaft lids of various kinds of pipes and lines laid under the urban roads or the auxiliary facilities attached to urban roads shall comply with the norms of maintenance and repair of urban roads. When traffic and safety is adversely affected due to the absence or damage of these facilities, the owners of property rights concerned shall promptly fill in that which is missing or make repairs.

Article 24 The maintenance and repair project of urban roads shall be completed within a specified time limit, and distinct markers and protection enclosure facilities shall be installed at the construction site of the maintenance and repair project to ensure the safety of pedestrians and vehicles.

Article 25 Vehicles exclusively used for the maintenance and repair of urban roads shall use unified symbols; and they shall not be restricted by routes and traffic directions when they are on duties on condition that traffic flow is smooth and safe.

Chapter IV Administration of Urban Roads

Article 26 When performing their official duties, the personnel of competent municipal engineering administrative departments who carry out the administration of urban roads shall wear credentials, and go about their duties with their certificates according to the relevant provisions.

Article 27 The following acts are prohibited in the vicinity of urban roads:

(1) occupying or digging urban roads without authorization;

(2) driving without authorization caterpillars, iron-wheeled vehicles or overloaded, overhigh or overlong vehicles on urban roads ;

(3) testing brakes of motor vehicles on bridges or non-designated urban roads;

(4)constructing buildings, structures on urban roads without authorization;

(5) setting up on bridges gas pipes with pressure over of 4kg/cm2 (0.4Mpa), electric power lines with the voltage of over 10KV and other inflammable and explosive pipes and lines;

(6) installing billboards or other hanging objects on bridges or road lamps without authorization;

(7) other acts that may damage and take up urban roads.

Article 28 Where a caterpillar, an iron-wheeled vehicle or an overloaded, overhigh, or overlong vehicle needs to be driven on urban roads, prior consent shall be acquired from the competent municipal engineering administration department, and the time and routes designated by the public security and traffic administrative departments shall be followed when driving.

Where military vehicles need to be driven on urban roads for carrying out missions, they may not be restricted by the preceding paragraph, but safety and protection measure shall be taken in accordance with provisions.

Article 29 The construction of such facilities as various pipes and lines, and pole networks appendant to urban roads shall be carried out upon approval of the competent municipal engineering administrative departments.

Article 30 No units or individuals may occupy and use or dig urban roads without the approval of the competent municipal engineering administrative departments and the public security and traffic administration departments.

Article 31 The temporary occupancy and use of urban roads due to extraordinary circumstances must be approved by the competent municipal engineering administrative department and the public security and traffic administrative departments, and the roads in question may thus be occupied and used as approved.

The temporary occupatncy and use with approval shall not damage urban roads, the sites occupied and used shall be promptly cleaned up and restored to the original conditions of urban roads upon the expiration of the approved occupation and use duration; if damage is made to the urban roads they shall be repaired or compensation shall be made therefor.

Article 32 The people’s governments of cities shall strictly control the occupancy and use of urban roads as venues of fairs and markets.

Where it is indeed necessary to occupy and use roads as venues of fairs and markets, it shall be approved by the people’s governments at or above the county level; for those who, without approval, occupy and use urban roads as venues of fairs and markets without authorization, the competent municipal engineering administrative departments shall give an order of clearing off within a given time to restore their functions as urban roads.

As regards the occupancy and use of urban roads as venues of fairs and markets without approval of the people’s governments of cities at or above the county level before the effectiveness of these Regulations, the examination and approval formalities shall be gone through again in accordance with the provisions of these Regulations .

Article 33 Where it is required by construction projects to dig urban roads, the examination and approval formalities shall be gone through with the competent municipal engineering administrative department and public security and traffic administration department, on the strength of the documents issued with approval of the municipal planning authorities and the relevant design documents.

No newly-built, extended or renovated urban road, within 5 years of its completion, and no urban road to which major repairs have been made, within 3 years of the completion of the repair, may be dug up. Where it is needed to dig up due to special circumstances, it shall be approved by the people’s governments of cities at or above the county level.

Article 34 Where pipes or lines laid under urban roads have broken down and need rush repairs, urban roads may first be dug up for rush repairs, and the competent municipal engineering administrative departments and the public security and traffic administrative departments shall be informed simultaneously, and the approval formalities shall be undertaken within 24 hours after the event according to the relevant provisions.

Article 35 Where the digging up of urban roads is approved, distinct markers and protection enclosure facilities shall be installed at the construction sites; the sites shall be promptly cleared up after the completion of the construction, the competent municipal engineering administrative department shall be notified to check and accept the project.

Article 36 The occupancy and use or the digging up of urban roads with approval shall be carried out in conformity with the approved location, area and time limits. Where the location is to be moved, area be expanded, or, time limit be extended, the examination and approval procedures for such changes shall be gone through in advance.

Article 37 Fees for occupying and using urban roads or fees for restoration after the digging up of urban roads shall be paid to the competent municipal engineering administrative departments if the urban roads in question are administered by them.

The standards for charging fees for occupying and using urban roads shall be decided upon by the competent construction administrative departments of the people’s governments of provinces and autonomous regions, and the competent municipal engineering administrative departments of the people’s governments of the municipalities directly under the Central Government, and be submitted to the competent fiscal departments and pricing departments at the corresponding level for examination and approval; the standards for charging fees for restoration after the digging up of urban roads shall be determined by the competent construction administrative departments of the people’s governments of provinces and autonomous regions, and by the competent municipal engineering administrative departments of the people’s governments of the municipalities directly under the Central Government, and be submitted to the competent fiscal and pricing departments at the corresponding level for the record .

Article 38 For units or individuals who temporarily occupy and use urban roads, the competent municipal engineering administrative departments may, in light of municipal construction and other special requirements, decide to reduce the area occupied and used, shorten the duration of occupancy and use of urban roads, or put an end to the occupancy and use, and refund, according to concrete conditions, part of the fees for the occupancy and use of urban roads.

Chapter V Penalty Provisions

Article 39 Whoever, in violation of the provisions of these Regulations, commits one of the following acts shall be ordered by the competent municipal engineering administrative departments to stop designing or construction, and to make corrections within a given time, and may be imposed concurrently a fine of less than 30,000 yuan. For those who have already obtained the qualification certificate for designing or construction, if the circumstances are serious, the competent municipal engineering administrative departments shall request the original issuing organs to revoke the qualification certificate for design or construction.

(1) undertaking the design or construction of urban roads without the qualifications to design or construct, or in failing to be in conformity with their credential level.

(2) failing to design or construct in line with the norms governing designing and constructing of urban roads.

(3) failing to carry out the construction in line with the design drawings, or altering the design drawings without authorization.

Article 40 Whoever, in violation of the provisions of Article 17 of these Regulations, uses without authorization urban roads not examined and accepted or which have failed to pass the acceptance examination, shall be ordered to make corrections within a given time and be given a warning, and may be imposed concurrently a fine of less than 2% of the total cost of the project by the competent municipal engineering administrative department.

Article 41 Where the units that are responsible for the maintenance and repair of urban roads, in violation of these Regulations, fail to regularly carry out maintenance and repair work, or fail to complete the necessary repair work within the prescribed time limit, and decline the supervision and inspection of the competent municipal engineering administrative department, the competent municipal engineering administrative department shall order them to make corrections within a given time limit, give them a warning; those persons in charge bearing direct responsibility and other persons directly responsible shall be given administrative sanctions according to law.

Article 42 Whoever violates the provisions of Article 27 of these Regulations, or commits one of the following acts, shall be ordered by the competent municipal engineering administrative departments or other relevant departments to make corrections within a given time, and may be imposed a fine of less than 20,000 yuan; and shall bear liability for compensation for any losses arising therefrom according to law:

(1) failing to promptly fill in that which is missing or make repairs to damaged the checking wells, shaft lids of various kinds of pipes and lines laid under urban roads, or auxiliary facilities attached to urban roads;

(2) failing to install distinct markers and protection enclosure facilities at the construction sites of urban roads;

(3) failing to clear up the sites after the expiration of the time for occupation of urban roads or after the digging up of urban roads;

(4) failing to go through the examination and approval formalities according to relevant provisions for the construction of such facilities as pipe and lines and pole networks appendant to urban roads;

(5) failing to go through the approval formalities after the event according to the provisions after the rush repair of pipes and lines laid under urban roads;

(6) failing to occupy and use or dig up urban roads in conformity with the approved location, area and time limit, or failing to go through examination and approval formalities in advance for changes in the location, expansion of the area and extension of the time limit.

Article 43 Where the violation of these Regulations constitutes a crime, criminal responsibility shall be investigated by judicial organs in accordance with law; where it does not constitute a crime, but deserves administrative penalty for public security, such penalty shall be imposed in accordance with the provisions of Regulations on Administrative Penalties for Public Security.

Article 44 Where any member of the competent municipal engineering administrative department neglects his duties, abuses his powers and commits illegalities for personal interests or by fraudulent means, if a crime is constituted, criminal responsibility shall be investigated according to law; if a crime is not constituted, administrative sanctions shall be given according to law.

Chapter VI Supplementary Provisions

Article 45 These Regulations shall take effect as of October 1, 1996.