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| Category | COMMUNICATIONS AND TRANSPORT | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1999-10-31 | Effective Date | 1999-10-31 |
|
Decision of the Standing Committee of the National People's Congress on amendment to the |
|---|
1. The 12th Meeting of the Standing Committee of the Ninth National (1) The first paragraph of the Article 21 shall be amended as: " Raising (2) Article 36 shall be amended as: " State adopts the measure of "In accordance with law funds raised by collecting taxes for highway (3) Article 76 shall be deleted. In accordance with this decision the 2. The State Council shall abolish various unresonable fee collecting, Chapter I General Provisions Chapter II Highway Planning Chapter III Highway Construction Chapter IV Highway Maintenance Chapter V Highway Administration Chapter VI Toll Highways Chapter VII Supervision and Inspection Chapter VIII Legal Responsibility Chapter IX Supplementary Provisions Article 1 This Law is enacted with a view to enhancing highway Article 2 This Law shall be applicable in engaging in highway planning, The highways referred to in this Law cover highway bridges, highway Article 3 Development of highways should follow the principle of overall planning, rational distribution, quality assurance, assurance
of unimpeded traffic, environmental protection and laying equal stress on Article 4 People's Governments at all levels should adopt strong The State encourages and guides domestic and foreign economic Article 5 The State assists and fosters national minority regions, Article 6 Highways are classified as state highways, provincial highways, Construction of new highways should meet the requirements of technical Article 7 Highways are under state protection. No unit or individual Every unit and individual have the obligation to care for highways, land Article 8 The department of communications under the State Council The departments of communications of local People's Governments above Village, national minority village and township People's Governments The departments of communications of local People's Governemnts above Article 9 All units and individuals shall be prohibited to establish Article 10 The State encourages sci-tech research in the work related Article 11 Provisions for special-purpose highways in this Law apply to Special-purpose highways mean the roads built, maintained and managed by Article 12 Highway planning should be made in accordance with the Article 13 Land use planning for highway construction should be in line Article 14 State highway planning shall be made by the department of communications under the State Council in conjunction with
the departments Provincial highway planning shall be made by the departments of communications of the People's Governments
of the provinces, autonomous County highway planning shall be made by the departments of communications Village highway planning shall be made by the village, national minority County highway and village highway planning approved as prescribed in Provincial highway planning should be in coordination with state highway Article 15 Special-purpose highway planning shall be made by units Special-purpose highway planning should be in coordination with highway Article 16 Partial adjustments in state highway planning shall be For approved provincial highway, county highway and village highway Article 17 Naming and numbering of state highways shall be determined Article 18 In planning and building of new villages, townships and Article 19 The State encourages the use of special-purpose highways Article 20 Departments of communications of the People's Governments Article 21 Raising funds for highway construction may ask for loan from The State encourages investment by domestic and foreign economic Revenue accrued from transfer of highway toll collection right in Raising funds from enterprises and individuals for highway construction Funds for highway construction may also be raised in other ways which Article 22 Highway construction should proceed in accordance with the Article 23 Highway construction projects should, pursuant to the Article 24 Highway construction units should, in accordance with Feasibility study units, survey and design units, construction units Article 25 Construction of highway construction projects must be Article 26 Highway construction must conform to highway engineering Design units, construction units and engineering supervision units Article 27 Land use for highway construction shall be processed Highway construction should implement the principle of earnestly Article 28 For requirements to use the state-owned barren mountains, Article 29 Local People's Governments at all levels should render Article 30 Design and construction of highway construction projects Highway construction projects in highway planning implementing national Article 31 When highway construction affects the normal use of railways, Article 32 Construction units should install clear construction signs Article 33 Acceptance checks should be carried out in accordance with Clear signs should be installed and lines marked on completed highways Article 34 Local People's Governments above the county level should Article 35 Agencies of highway administration should conduct highway Article 36 State adopts the measure of collecting taxes to raise funds In accordance with law funds raised by collecting taxes for highway Article 37 People's Governments at the county level and the village Article 38 People's Governments at the county level and the village Article 39 To ensure the personal safety of highway maintenance Under the prerequisite of not adversely affecting the passage of passing When construction of highway maintenance project affects the passage of vehicles and pedestrians, construction
units should handle the matter in Article 40 Agencies of highway administration should repair and restore Article 41 Agencies of highway administration shall be responsible for Article 42 Planting of trees along highways shall be organized and Trees on land for highway use must not be felled at will; for those trees Article 43 Local People's Governments at all levels should take measures Departments of communications of local People's Governments above the Article 44 No unit or individual shall occupy and dig highways without For necessities to occupy, dig highways or reroute highways because of construction of railways, airports,
power stations, telecommunications Article 45 Construction of bridges or aqueducts or erection and laying Article 46 No unit or individual shall set up stalls or sales points, Article 47 No sand digging, quarrying, soil collection, waste dumping, For construction of dykes and dams, shrinkage or expansion of river beds Article 48 Except for agricultural machinery which need to drive for Article 49 The axle-load quality of vehicles running on highways Article 50 Vehicles exceeding the standards of restrictions in weight, Departments of communications shall help the transportation units unable Article 51 Motor vehicle manufacturing plants and other units must not Article 52 No unit or individual shall damage, shift without The ancillary facilities of highways in the preceding paragraph refer to Article 53 Those responsible for causing damage to highways should Article 54 No unit or individual shall, without the approval of the Article 55 Establishment of additional surface crossing points on Article 56 Except for those required for highway protection and The range of construction control areas prescribed in the preceding Upon demarcation of the range of the construction control areas by Article 57 Except for the provisions of the second paragraph of Article Article 58 The State permits building of toll highways according to law, Except for the highways prescribed in Article 59 of this Law which may Article 59 The following highways which comply with the technical grades (1)highways built by departments of communications of local People's (2)highways of the preceding section of which domestic and foreign (3)highways built with investment by domestic and foreign economic Article 60 The time period of toll collection of toll highways built Highways the toll collection right of which has been transferred with Construction of highways with investment by domestic and foreign Article 61 The transfer of the toll collection right of the state The minimum knock-down price of the transfer of the toll collection right Article 62 Domestic and foreign economic organizations accepting the Article 63 Toll collection units shall put forward proposals for rates Article 64 Establishment of toll stations for the collection of vehicle Distance between two toll stations must not be shorter than the standards Article 65 On expiration of the duration agreed upon in the contract Toll highways built with investment and operated by domestic and foreign Article 66 The maintenance work of the highways the transfer of the toll Tree-planting along the highways and soil and water conservation within Provisions of Chapter V of this Law apply to highway administration of the highways prescribed in the first
paragraph. The duties and Article 67 For engagement in activities on toll highways listed in Article 68 Specific control measures for toll highways shall be worked Article 69 Departments of communications and agencies of highway Article 70 Departments of communications and agencies of highway Article 71 No unit or individual shall obstruct when highway supervisor- Highway operators, users and other concerned units and individuals Highway supervisor-inspectors should wear badges and identification tags Article 72 Departments of communications and agencies of highway Article 73 Uniform signs and warning lights should be installed on Article 74 Whoever set up posts and collect tolls on highways without Article 75 Whoever carry out construction on their own without the Article 76 Whoever has committed any of the following illegal acts, the (1)occupying and digging highway without authorization in violation of the first Paragraph of Article 44 of this Law; (2)construction of bridges, aqueducts or erection of wires and laying of pipes and cables without approval or not in
accordance with the requirements (3)engagement in operations endangering highway safety in violation of the provisions of Article 47 of this Law; (4)Iron-wheel vehicles, tracked vehicles and other machineries which (5)vehicles using motor vehicle ferries exceeding the restrictions or (6)damaging, shifting and altering of highway ancillary facilities or Article 77 Whoever causes damage to the road surface of highways, Article 78 Whoever causes damage to highways and fails to report the Article 79 Whoever installs signs other than highway signs within the Article 80 Whoever establishes additional surface crossing points Article 81 Whoever constructs buildings and surface structures or Article 82 Except for the provisions of Articles 74 and 75 of this Law, Article 83 Obstruction of highway construction or highway emergency For damage and destruction of highways or shifting of highway signs For rejection and obstruction of performance of duties by highway Article 84 Whoever commits violations of the relevant provisions of Article 85 Whoever causes damage to highways in violation of the Vehicles causing great damage to highways must stop forthwith, the Article 86 Functionaries of the departments of communications and Article 87 This Law shall come into force as of January 1, 1998. Article 19 Whoever commits any of following acts in disrupting public (1)Disrupting order in organs, societies, enterprises and institutions ...... (7)Refusing and obstructing functionaries of the State in performing Article 20 Whoever commits any of the following acts in jeopardizing ...... (8)Digging pits and holes, placing obstacles, damaging, destroying
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People's Congress decided to make following amendment to the
funds for highway construction may ask for loan from domestic and foreign
financial organizations according to law, besides financial allocations
from people's governments at various level including funds for specified
item of highway construction by raise through in accordance with law
collecting taxes turned to as allocations."
collecting taxes to raise funds for maintenance of highway according to law.
The specific measure of implementation and its steps shall be stipulated by
State Council."
maintenance must be used for specific item of maintaining and reconstructing
highway."
and effective as of the date of promulgation.
determine rational range of taxes collecting and adopt effective measure to
prevent from increasing of burden on peasant, at same time shall prevent from
increasing of burden on units who consuming oil not for vehicle, when
formulates the measure of implementation for changing fee collecting of
highway and vehicle to taxes collecting.
Appendex: Highway Law of the People's Republic of China (1999)
(Adopted at the 26th Session of the Standing Committee of the Eighth
National People's Congress on July 3, 1997 and revised according to the
Decision Concerning the Revision of the
National People's Congress on October 31, 1999)
Contents
Chapter I General Provisions
construction and administration, promoting the development of highways and
meeting the requirements of socialist modernization and people's life.
construction, maintenance, operation, use and administration within the
territory of the People's Republic of China.
tunnels and highway ferries.
construction, transformation and maintenance.
measures to foster and promote highway construction. Highway construction
should be integrated into the national socio-economic development plan.
organizations to invest in highway construction and operations in accordance
with law.
remote border regions and poor regions in the development of highway
construction.
county highways and village highways in accordance with their respective
status in the highway network, and are classified as expressways, grade-one
highways, grade-two highways, grade-three highways and grade-four highways
in accordance with technical grades. Specific classification standards shall
be worked out by the department of communications under the State Council.
grades. Measures should be taken to gradually transform those previously
built highways outside the grades which fail to meet the requirements of the lowest technical grade into highways meeting the requirements
of technical grades.
shall destroy, damage or illegally occupy highways, land for highways and
ancillary facilities of highways.
for highways and ancillary facilities of highways, have the right to report
and charge acts of destruction and damage of highways, land for highways,
ancillary facilities of highways and acts affecting highway safety.
is in charge of the work related to highways throughout the country.
the county level are in charge of the work related to highways within their
respective administrative areas; however, the duties and responsibilities of the departments of communications of local People's
Governments above the
county level in the administration and supervision of state highways and
provincial highways shall be determined by the People's Governments of the
provinces, autonomous regions and municipalities directly under the Central
Government.
are responsibile for the construction and maintenance of village highways
within their respective administrative areas.
the county level may decide that agencies of highway administration shall
perform their duties and responsibilities in highway administration in
accordance with the provisions of this Law.
posts, collect toll, impose fines and intercept vehicles on highways.
to highways and shall give rewards to units and individuals that have
scored outstanding achievements in highway sci-tech research and applications.
special-purpose highways.
enterprises or other units which provide transport services exclusively or
mainly for those enterprises or units.
Chapter II Highway Planning
requirements of the national socio-economic development and national defense
buildup and in coordination with urban construction development planning and
development planning of other modes of communications and transport.
with overall land use planning, and land used for construction of the year
should be integrated into annual land use plan for construction.
concerned under the State Council and in consultation with the provinces,
autonomous regions and municipalities directly under the Central Government
along the state highways and shall be submitted to the State Council for
approval.
regions and municipalities directly under the Central Government in
conjunction with the departments concerned at the same level and in
consultation with the People's Governments at the next lower level along
the provincial highways and shall be submitted to the People's Governments
of the provinces, autonomous regions and municipalities under the Central
Governments for approval and submitted to the department of communications
under the State Council for the record.
of the People's Governments at the county level in conjunction with the
departments concerned at the same level and shall be submitted to the
People's Governments at the next higher level for approval upon examination
and finalization by the People's Governments at the same level.
village and township People's Governments with the assistance of the
departments of communications of the People's Governments at the county
level and shall be submitted to the People's Governments at the county
level for approval.
the third Paragraph and the fourth Paragraph should be submitted to the
departments of communications of the People's Governments at the next
higher level of the approval organs for the record.
planning. County highway planning should be in coordination with provincial
highway planning. Village highway planning should be in coordination with
county highway planning.
in charge of the special-purpose highways and shall be submitted to the
departments of communications of the People's Governments above the county
level for examination and verification upon examination and finalization by
the competent departments at the next higher level.
planning. Upon discovery of incoordination between special-purpose highway
planning and state highway, provincial highway, county highway and village
highway planning, the departments of communications of the People's
Governments above the county level should put forth suggestions for revisions,
and the competent departments and units of the special-purpose highways
should make corresponding revisions.
decided upon by the organs which originally made the plans. For state highway
planning which requires major revisions, the organs which originally made
the plans shall put forth schemes for revision to be submitted to the State
Council for approval.
planning that require revisions, the organs which originally made the plans
shall put forth schemes for revision to be submitted to the original approval
organs for approval.
by the department of communications under the State Council; naming and
numbering of provincial highways, county highways and village highways
shall be determined by the departments of communications of the People's
Governments of the provinces, autonomous regions and municipalities directly
under the Central Government in accordance with the relevant provisions of
the department of communications under the State Council.
development zones, the prescribed distance from the highways should be kept
and constructions should be avoided corresponding to either side of the
highways in order not to turn highways into streets and affect highway
operational safety and unimpeded traffic.
for public transport of society. The special-purpose highways when used
mainly for public transport of society, the competent unit of the special-
purpose highways or the sides concerned shall submit applications and the
special-purpose highway can be reclassified as provincial highway, county
highway or village highway with the consent of the competent unit of the
special-purpose highway and the approval of the department of communications
of the People's Governments of the provinces, autonomous regions and
municipalities directly under the Central Government.
Chapter III Highway Construction
above the county level should, pursuant to their duties and responsibilities,
maintain order in highway construction and enhance supervision and
administration in highway construction.
domestic and foreign financial organizations according to law, besides
financial allocations from people's governments at various level including
funds for specified item of highway construction by raise through in
accordance with law collecting taxes turned to as allocations.
organizations in highway construction. Highway development and operating
companies may raise funds by issuing stocks and company bonds in accordance
with the provisions of laws and regulations.
accordance with the provisions of this Law must be used for highway
construction.
must be based on requirements and possibilities, the principle of voluntarism
must be adhered to and there shall be no forcible apportionment, and must be
in line with the relevant provisions of the State Council.
are in line with the provisions of law or the State Council.
procedures of capital construction prescribed by the State and the relevant
provisions.
relevant provisions of the State, practise corporate responsibility system,
tender and bidding system and engineering supervision system.
the characteristics and technical requirements of highway construction
projects, select survey and design unit, construction unit and engineering
supervision unit with corresponding qualifications, and pursuant to the
provisions of relevant laws, rules and regulations and requirements of highway engineering technical standards, sign separate contracts
clearly
defining the rights and obligations of both sides.
and engineering supervision units undertaking highway construction projects
must hold certifications of qualifications and quality prescribed by the
State.
submitted to departments of communications of People's Governments above
the county level for approval in accordance with the provisions of the
department of communications under the State Council.
technical standards.
undertaking highway construction projects should, pursuant to the relevant
provisions of the State, establish sound quality assurance system, practise
job responsibility system and carry out design, construction and supervision
in accordance with the relevant laws, rules and regulations as well as the
requirements of highway engineering technical standards and agreement in
the contracts to ensure the quality of highway engineering.
pursuant to the provisions of the relevant laws and regulations.
protecting cultivated land and economy in land use.
wasteland or requirements to dig sand, quarry and collect soil on the
state-owned barren mountains, wasteland, flood land and beach for highway
construction, when the formalities are completed pursuant to the provisions
of the relevant laws and regulations, no unit or individual shall obstruct
or illegally collect fees.
support and assistance in highway construction land use and shifting of inhabitants according to law.
should comply with the requirements for the protection of the environment,
protection of cultural relics and ancient sites and prevention of soil and
water loss in accordance with law.
defense requirements should carry out construction in strict accordance with
the plans to ensure the communications requirements of national defense.
water conservancy projects, electric and postal and telecommunications
facilities, the highway construction unit should seek the consent of the
departments concerned in advance; when highway construction causes damage
to the facilities concerned, the highway construction unit should repair
and restore the same in accordance with the technical standards not lower
than the original technical standards of the facilities, or give
corresponding financial compensation.
and safety signs at either end of the construction sector of the road when
engaged in highway reconstruction. Signs should be installed at the
diversion entrance when vehicles are required to divert; temporary road
must be built to ensure the passage of vehicles and pedestrians when
impossible to divert.
the relevant provisions of the State upon completion of highway construction
projects and highway repair and restoration projects; those projects without
going through acceptance checks or those failing to pass acceptance checks
must not be handed over for use.
in accordance with the provisions of the department of communications under
the State Council.
determine the land for highway use no less than one meter from the outer
fringe of the side trenchs(water trenches, slope-protection path at the
foot of slope, the same hereinafter) on either side of the highway.
Chapter IV Highway Maintenance
maintenance in accordance with the technical specifications and operational
procedures prescribed by the department of communications under the State
Council to ensure the highways are constantly in a good technical state.
for maintenance of highway according to law. The specific measure of
implementation and its steps shall be stipulated by State Council.
maintenance must be used for specific item of maintaining and reconstructing
highway.
level should render support and assistance in sand digging, quarrying,
soil collection and water collection required for highway maintenance.
level should, within the scope of rural obligatory labor and in accordance
with the relevant provisions of the State, organize rural inhabitants on
either side of highways in fulfilling the obligations of providing services
for highway construction and maintenance.
personnel, highway maintenance personnel should wear uniforms eith safety
signs on them when engaging in maintenance operations; visible operations
signs should be installed on highway operations vehicles when employing
vehicles in maintenance operations.
vehicles, highway maintenance vehicles in operation shall be subjected to
the restrictions of highway road signs and the marked lines in their route
and direction of driving; passing vehicles should pay attention to avoid
or yield to highway maintenance vehicles and personnel.
accordance with the provisions of Article 32 of this Law.
in time the state highways and the provincial highways the traffic of which is
suspended due to serious natural disasters; when agencies of highway
administration find it difficult to repair and restore them in time, local
People's Governments above the county level should organize the organs,
societies, enterprises, institutions and rural and township inhabitants
of the locality in time in emergency repair, and may request local army
units for support to resume the traffic as quickly as possible.
the soil and water conservation of the slopes and wasteland within the range
of land for highway use.
carried out by agencies of highway administration in accordance with highway
engineering technical standards.
which need to be felled for renewal, formalities for examination and approval
in accordance with the provisions of the
of communications of the local People's Government above the county level
and the task of supplementary planting for renewal fulfilled.
Chapter V Highway Administration
to step up highway protection.
county level should conscientiously perform their duties and responsibilities,
conduct the work of highway protection successfully according to law and
strive to adopt scientific management methods and advanced technical means
to improve highway management level, gradually perfect highway services
facilities and ensure that highways are in perfect condition, safe and
unimpeded in traffic.
authorization.
facilities, water conservancy projects and other construction projects,
the construction units should obtain the consent of the departments of communications concerned in advance; for those affecting communications
safety, consent has also to be obtained from the public security organs
concerned. For occupation, digging of highways or rerouting of highways,
the construction units should repair, restore, reconstruct the sector of the highway according to the technical standards not lower
than the
original technical standards or give corresponding financial compensation.
of wires or pipes and other facilities over or across highways, as well as
erection or laying of wires or pipes and cables and other facilities should
obtain the consent of the department of communications concerned in advance,
and for those affecting communications safety, consent has also to be obtained
from the public security organ concerned; the facilities to be constructed,
erected or laid should comply with the requirements of highway engineering
technical standards. For those causing damage to highways, compensation
should be given according to the extent of the damage.
pile up goods, dump garbage, put up obstacles, dig trenches to draw water or
use the side trenches of highways to drain sewage or engage in other
activities damaging, polluting highways and affecting unimpeded traffic of highways.
nor explosion operations and other activities endangering the safety of highways, highway bridges, highway tunnels and highway ferries
shall be
conducted within the range of 200 meters around big- and medium-size
highway bridges and ferries, within the range of 100 meters above highway
tunnels and from tunnel entrances as well as within a certain distance
within either side of highways.
necessitated by rushing to deal with an emergency or flood prevention
within the range of the preceding paragraph, submission of report should be
made in advance to the departments of communications of People's Governments
of the provinces, autonomous regions and municipalities directly under the
Central Government for approval in conjunction with the departments of water
administration, and effective measures taken to protect the security of the
highways, highway bridges, highway tunnels and highway ferries in question.
a short distance on highways for local field operations, no iron-wheel
vehicles, tracked vehicles and other machinery which may damage highway
surface shall drive on highways. Those vehicles which have the actual
requirements to be driven on highways, approval has to be obtained from
department of communications of local People's Government above the county
level, effective protective measures taken and they are driven at the time
and on the route designated by public security organs. Those causing damage
to highways should pay compensation according to the extent of damage.
should conform to the requirements of highway engineering technical
standards.
height, width and length for highways, highway bridges, highway tunnels or
motor vehicle ferries must not run on highways, highway bridges or in
highway tunnels with restricted standards, and must not use motor vehicle
ferries. The vehicles exceeding the standards of restrictions for highways
or highway bridges which actually need to run thereon must be submitted to
the approval of departments of communications of local People's Governments
above the county level, and effective protective measures taken in accordance
with requirements; those affecting traffic safety should also be subjected to
the approval of public security organs at the same level; vehicles
transporting and carrying indisintegrated articles exceeding the restrictions
should run at the time, speed limit per hour and on the route designated, and
hoist visible signs.
to take protective measures in accordance with the provisions of the
preceding paragraph to take protective measures, and necessary expenses
shall be borne by the transportation units.
use highways as vehicle testing sites for testing and measuring the braking
performance of motor vehicles.
authorization and alter the ancillary facilities of highways.
facilities and equipment of highway protection, drainage, maintenance,
administration, services, traffic safety, ferrying, monitoring,
telecommunications and toll collection installed for highway protection
and maintenance and ensuring highway safety and unimpeded traffic as well
as special-purpose constructions and structures.
report in time to agencies of highway administration and accept the on-the-
spot investigation of the agencies of highway administration.
department of communications of People's Governments above the county level,
install any other signs other than highway signs within the range of land
for highway use.
highways must be subjected to approval in accordance with the relevant
provisions of the State and constructed in accordance with the technical
standards prescribed by the State.
maintenance, construction of buildings and surface structuress within the
construction control areas on either side of highways is forbidden; where
such facilities of laying of pipes, wires and cables are necessary within
the construction control areas, approval of the department of communications
of local People's Government above the county level should be obtained in
advance.
paragraph shall be demarcated by local People's Governments above the county
level according to the principle of ensuring highway operational safety and
economy in land use and in accordance with the provisions of the State
Council.
local People's Governments above the county level pursuant to the provisions
of the preceding paragraph, the departments of communications of local
People's Governments above the county level shall install sign markers
and boundary markers. No unit or individual shall damage and move the
sign markers and boundary markers without authorization.
47 of this Law, the duties and responsibilities performed by departments of communications prescribed in this Chapter can be performed
by agencies of highway administration pursuant to the provisions of the fourth paragraph
of Article 8 of this Law.
Chapter VI Toll Highways
and in the meantime exercises control over the number of toll highways.
collect tolls for vehicle passage, collection of tolls for vehicle passage
by any highway shall be prohibited.
and scales prescribed by the department of communications under the State
Council may collect tolls for vehicle passage in accordance with law:
Governments above the county level by utilizing loans or funds raised from
enterprises and individuals;
economic organizations are the tranferees of the toll collection right of toll
highways in accordance with law; and
organizations in accordance with law.
by the departments of communications of local People's Governments above the
county level with loans or raised funds shall be determined by the People's
Governments of the provinces, autonomous regions and municipalities directly
under the Central Government in accordance with the principle of paying back
the loans and raised funds with collected tolls pursuant to the provisions of the department of communications under the State Council.
compensation, the transferees shall collect the tolls and operate the
highways upon transfer of the toll collection right. The time period for
the transfer of toll collection right shall be agreed upon by the tranferor
and transferee and submitted to the examination and approval organ of transfer of toll collection right for examination and approval;
however,
the longest time period must not exceed the duration of years prescribed by
the State Council.
economic organizations must go through formalities of examination and
approval in accordance with the relevant provisions of the State; upon
completion of the highways, the investors shall collect tolls and operate
them. The time period of toll collection and operations shall be agreed
upon by the departments of communications and the investors according to
the principle of recouping the capital outlay and reasonable economic
return and complete formalities of examination and approval in accordance
with the relevant provisions of the State; however, the longest time period
must not exceed the duration of years prescribed by the State Council.
highway sector of the highways prescribed in Section 1 of the first paragraph
of Article 59 of this Law must be subjected to the approval of the department
of communications under the State Council; transfer of toll collection right
of highways other than state highways must be subjected to the approval of the People's Governments of the provinces, autonomous
regions and
municipalities directly under the Central Government, and submitted to
the department of communications under the State Council for the record.
of highways prescribed in the preceding paragraph shall be determined on the
basis of the value evaluated by the state-owned assets evaluation agencies.
transfer of toll collection right and investing in the construction of highways should establish enterprises of highway development
and operations
(hereinafter referred to as highway operations enterprises) in accordance
with law.
for vehicle passage of toll highways which shall be submitted to the
departments of communications of the People's Governments of the provinces,
autonomous regions and municipalities directly under the Central Government
for examination and approval in conjunction with the departyments of price
administration at the same level.
passage toll on toll highways should be submitted to the People's Governments
of the provinces, autonomous regions and municipalities directly under the
Central Government for examination and approval. Establishment of toll
stations for the collection of vehicle passage toll on cross-province,
cross-autonomous region and cross-municipality directly under the Central
Government highways shall be determined by the provinces, autonomous regions
and municipalities directly under the Central Government concerned through
consultation; it shall be decided upon by the department of communications
under the State Council in case of failure in consultation. Establishment of toll stations on the same toll highway built by different
departments of
communications or operated by different highway operations enterprises
should follow the principle of "unified toll collection and percentage
sharing", overall planning and rational establishment.
prescribed by the department of communications under the State Council.
on the transfer of toll collection right, the toll collection right of the
highways the toll collection right of which has been transferred with
compensation shall be withdrawn by the transferors.
economic organizations in accordance with the provisions of this Law shall be
taken back by the State without compensation on expiration of the duration of
operations agreed upon and managed by the departments of communications
concerned.
collection right of which has been accepted or built with investment and
operated by domestic and foreign economic organizations pursuant to the
provisions of Article 59 of this Law shall be the responsibility of the
said respective highway operations enterprises. The said respective highway
operations enterprises should, in accordance with the technical standards
and operations procedures prescribed by the department of communications
under the State Council carry out effective highway maintenance during the
period of operations. The highways should be in a good technical condition
on the expiration of the duration of the transfer of toll collection right
or the expiration of the duration of operations.
the range of land for highways prescribed in the preceding paragraph shall
be the responsibility of the said respective highway operations enterprises.
responsibilities of highway administration of the said highways shall be
performed by the departments of communications of local People's Governments
above the county level or the representative organs and personnel of agencies
of highway administration.
the second paragraph of Article 44, and Articles 45, 48 and 50 of this Law,
in addition to the provisions of the respective Articles, corresponding
compensation should be given for losses caused by the highway operations
enterprises to the highways.
out by the State Council pursuant to this Law.
Chapter VII Supervision and Inspection
administration conduct supervision and inspection on the enforcement of laws and regulations related to highways in accordance with
law.
administration which bear the responsibility of highway administration and
protection have the power to inspect and stop the acts of infringing and
damaging highways, land for highway use and the ancillary facilities of highways as well as other acts in contravention of the provisions
of this
Law.
inspectors conduct supervision and inspection on highways, in construction
control areas, vehicle parking sites and vehicle ownership units according
to law.
should accept the supervision and inspection conducted by highway supervisor-
inspectors according to law and provide facilities for them.
while performing official duties.
administration should step up the administration and education of the
highway supervisor-inspectors under them, require that the highway supervisor-
inspectors be conversant with the relevant laws and provisions of the State,
be just, clean and honest, enthusiastic in services, fair in law enforcement,
should step up supervision and inspection on the acts of law enforcement by
highway supervisor-inspectors, and correct in time their law-breaking acts
and deal with them in accordance with law.
special-purpose vehicles for highway supervision and inspection.
Chapter VIII Legal Responsibility
authorization in violation of law or the relevant provisions of the State
Council, the departments of communications shall direct them to stop the
law-breaking acts, confisticate the illegal income and may impose a fine
under RMB 20 000 Yuan; administrative penalties shall be meted out to
persons-in-charge directly responsible and other personnel directly
responsible in accordance with law.
approval of the departments of communications concerned in violation of the provisions of Article 25 of this Law, the departments
of communications
may direct them to stop the construction and may impose a fine under RMB
50 000 Yuan.
department of communications shall direct him/her to stop the illegal acts,
and may impose a fine under RMB 30 000 Yuan:
of the highway engineering technical standards in violation of the provisions
of Article 45 of this Law;
might damage the road surface running on highways without authorization
in violation of the provisions of Article 48 of this Law;
running on highways exceeding the restrictions in violation of the provisions
of Article 50 of this Law; and
damaging and shifting of sign markers and boundary markers within construction
control areas which might endanger highway safety in violation of the
provisions of Articles 52 and 56 of this Law.
pollution or affects unimpeded traffic on highways in violation of the
provisions of Article 46 of this Law; or whoever uses highways as vehicle
testing sites in violation of the provisions of Article 51 of this Law,
the department of communications shall direct him/her to stop the illegal
acts, and may impose a fine under RMB 5000 Yuan.
same in violation of the provisions of Article 53 of this Law, the department
of communications shall impose a fine under RMB 1000 Yuan.
range of land for highway use in violation of the provisions of Article 54
of this Law, the department of communications shall direct him/her to
dismantle the same within the specified period and may impose a fine under
RMB 20 000 Yuan; failure to dismantle the same on expiry of the specified
period, the dismantling shall be carried out by the department of
communications and the expenses involved shall be borne by the installer.
on highways without approval in violation of the provisions of Article 55
of this Law, the department of communications shall direct him/her to
restore the original state, and impose a fine under RMB 50 000 Yuan.
lays pipes, wires and cables in highway construction control areas without
authorization in violation of the provisions of Article 56 of this Law,
the department of communications shall direct him/her to dismantle the same
within the specified time period, and may impose a fine under RMB 50 000 Yuan.
The department of communications shall dismantle those which have not been
dismantled on expiry of the specified time period, and the expenses involved
shall be borne by the or builder or constructor.
the administrative penalty power to be exercised and administrative measures
to be taken by the department of communications as prescribed in this
Chapter may be exercised by agencies of highway administration pursuant to
the provisions of the fourth Paragraph of Article 8 of this Law.
repair resulting in impossibility to carry on normal highway construction
or emergency repair yet without causing serious damage, penalty pursuant to
the provisions of Article 19 of the Penalties for Violation of Public Security
Regulations.
without authorization which might affect traffic safety but not serious
enough to warrant criminal penalties, penalties shall be meted out pursuant
to the provisions of Article 20 of the Penalties for Violation of Public
Security Regulations.
supervisor-inspectors according to law without using methods of violence
and threat, penalties shall be meted out pursuant to the provisions of Article 19 of the Penalties for Violation of Public Security
Regulations.
this Law which constitute a criminal offence shall be investigated of
his/her criminal responsibilities.
relevant provisions of this Law should bear civil responsibilities in
accordance with law.
scene of the accident should be kept intact, a report should be made to
the agency of highway administration and the said vehicle can only leave
upon investigation and handling by the agency of highway administration.
agencies of highway administration whose negligence of duty, malpractices
for selfish ends and abuse of power constitute a criminal offence shall be
investigated of their criminal responsibilities; those whose acts do not
constitute a criminal offence shall be given administrative sanctions
according to law.
Chapter IX Supplementary Provision
APPENDIX:RELEVANT ARTICLES OF PENALTIES FOR VIOLATION OF PUBLIC SECURITY
REGULATIONS
order but not serious enough to be administered criminal penalties shall be
detained for less than 15 days, imposed a fine below RMB 200 Yuan or given
a warning:
resulting in impossibility to carry on normal production, business, medical
treatment, teaching and scientific research without causing serious losses;
duties according to law without using violence and method of threat.
public security shall be detained for less than 15 days, imposed a fine
below RMB 200 Yuan or given a warning.
and shifting indicator signs on railways, highways, navigation channels
in waters, dykes and dams which might affect communications and transport
safety but not serious enough to warrant criminal penalties.
URL: http://www.asianlii.org/cn/legis/cen/laws/dotscotnpcoatthl870