|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the People's Republic of China |
[Database Search] [Name Search] [Noteup] [Help]
| Category | COMMUNICATIONS AND TRANSPORT | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1996-06-04 | Effective Date | 1996-10-01 |
|
Regulations on the Administration of Urban Roads |
|---|
Article 1 These Regulations are formulated for the purposes of
strengthening the administration of urban roads, guaranteeing urban roads in
good condition, giving full play to the function of urban roads and promoting
the urban economy and social development.
Article 2 For the purpose of these Regulations, the term "urban road"
shall mean either urban roads and bridges providing passage to vehicles and
passengers and with certain technical conditions or attached facilities of
such roads and bridges.
Article 3 These Regulations shall apply to the planning, building,
maintenance, repair and the administration of urban roads.
Article 4 The administration of urban roads shall follow the principles
of unified planning, building complete network, coordinate development and
laying equal stress on building, maintenance and administration.
Article 5 The state shall encourage and support the research in urban
road science and technology, spread advanced technology and raise the
scientific and technical level with regard to the administration of urban
roads.
Article 6 The administrative department for construction of the State
Council shall take charge of the administration of urban roads throughout the
country.
The administrative department for urban construction of people's
governments of provinces and autonomous regions shall be responsible for the
administration of urban roads within their respective regions.
The administrative department for municipal engineering of municipal Article 7 Municipal people's governments at and above the county level The administrative department for municipal engineering shall, in Article 8 The funds for the building of urban roads may, in accordance Article 9 The building of urban roads shall comply with the technical Article 10 In case government invests to build an urban road, the The building of urban roads through investment by units shall be The building of roads in urban residential quarters or development areas Article 11 The state encourages domestic and foreign enterprises, other Article 12 The plans for the installation of various pipes and lines and Article 13 In case a newly built urban road intersects with a main Intersections of urban roads and railway lines shall be constructed in Article 14 Bridges over and tunnels under rivers shall be built in Article 15 Municipal people's governments at and above the county level Article 16 A unit engaging in design or building of urban roads must Article 17 Urban roads shall be designed and built in strict accordance A system for supervision of construction quality shall be adopted in Urban roads may be open to traffic only after passing the inspection; Article 18 A guarantee system shall be adopted to urban roads. The Article 19 With respect to large-scale bridges and tunnels built with The scope and period for charging tolls shall be determined by the Article 20 With regard to urban roads built under its own organization Article 21 Units undertaking to maintain and repair urban roads shall The administrative department for municipal engineering shall carry out Article 22 The maintenance and repair of urban roads built under the Article 23 Checkwells and case lids installed on urban roads for various Article 24 Urban road maintenance and repair works shall be completed Article 25 Vehicles special for urban road maintenance and repair shall Article 26 When performing duties, personnel with duties of road Article 27 The following acts shall be forbidden on urban roads: (1) occupy or dig urban roads without authorization; (2) caterpillar tractors, iron-wheel tractors or trailers or overweight, (3) motor vehicles' testing brakes on bridges or non-designated urban (4) construct buildings or structures on urban roads without (5) erect along bridges gas pipes with a pressure of 4 kg./ sq.cm. (6) put billboards or hang suspended articles on bridges or road lamp (7) other activities damaging or occupying urban roads. Article 28 Where any caterpillar tractor, iron-wheel tractor or trailer Military vehicles which need to go through urban roads when performing Article 29 Only with the approval of the administrative department for Article 30 Without the approval of the administrative department for Article 31 When there is a need to temporarily occupy any urban road due Those approved to temporarily occupy an urban road may not damage the Article 32 Municipal people's governments shall strictly control When there is really a need to occupy urban roads as fair grounds, an The existing occupations of urban roads as fair grounds starting before Article 33 Those who are to dig urban roads for some engineering Urban roads newly built, broadened or rebuilt may not be dug within five Article 34 When any pipe or line buried under urban roads has broken Article 35 Those approved to dig urban roads shall put clear signs and Article 36 Those approved to occupy or dig urban roads shall make the Article 37 Those occupying or digging urban roads under the The schedule of fees for occupation of urban roads shall be drawn up by Article 38 The administrative department for municipal engineering may, Article 39 If anyone commits any of the following acts in violation of (1) undertake to design or build urban roads without qualifications for (2) fail to design or build urban roads in accordance with the technical (3) fail to conduct operations in accordance with design drawings or Article 40 If anyone violates the provisions of Article 17 of these Article 41 If any unit engaging in urban road maintenance and repair Article 42 If anyone violates the provisions of Article 27 of these (1) fail to supply or repair in good time the missing or damages of (2) fail to put clear signs or set up protective walls on the urban road (3) fail to clean up the urban roads after the occupation or digging of (4) install various pipes, lines or pole lines attaching to urban roads (5) fail to go through the procedures for approval in accordance with (6) fail to comply with the approved location, area or period in occupying Article 43 Those violate provisions of these Regulations and commit a Article 44 Personnel of the administrative department for municipal Article 45 These Regulations shall go into effect on October 1, 1996.
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
people's governments at and above the county level shall be responsible for
the administration of urban roads within their respective regions.
Chapter II Planning and Building
shall organize the departments of municipal engineering, city planning,
public security and communications, etc. to work out a planning for the
development of urban roads in accordance with the general city planning.
accordance with the planning for the development of urban roads, make an
annual plan for the building of urban roads and implement the plan after it
has been approved by the municipal government.
with relevant provisions of the state, be raised through various channels
such as government investment, pooling resources, domestic or external loans,
income from compensated use of state-owned land and issuing bonds.
standards of urban roads.
construction shall be organized by the administrative department for
municipal engineering in accordance with the planning for the development of
urban roads and the annual plan for the building of urban roads.
consistent with the planning for the development of urban roads and must be
submitted to the administrative department for municipal engineering for
approval.
shall be incorporated in the plan for the development and construction of the
residential quarter or development area as a necessary part of the plan.
organizations and individuals to make investment in the building of urban
roads in accordance with the planning for the development of urban roads.
pole lines attached to urban roads for urban drainage, supply of water, gas,
heating power and electricity, communications and fire fighting, etc. shall
be coordinated with the planning for the development of urban roads and the
annual plan for the building of urban roads. Such facilities shall be
installed in step with the building of urban roads by following the principle
of underground operations first.
railway line, the relevant city planning shall, in the light of the need,
leave space for the future construction of overpass installations.
accordance with the state's technical standards, and overpass installations
shall be built at such intersections step by step in the light of the need.
The investment needed for the construction of overpass installations shall be
determined through consultation by relevant departments according to relevant
provisions of the state.
accordance with the state's flood control standards, navigation standards and
other relevant technical standards.
shall, in accordance with the technical standards for urban roads and in a
planning way, rebuild and broaden junctures of urban roads and highways, and
the department for highway administration may give financial support in
accordance with relevant provisions of the state.
have a qualification degree and take on corresponding design or building of
urban roads in accordance with its qualification degree.
with the national and local technical standards for urban road design and
building.
urban road building.
those without inspection or failing to pass the inspection may not be open to
traffic.
guarantee period for urban roads shall be a year, counting from the date of
its opening to traffic. The relevant unit shall be responsible for any
construction quality problem arising within the guarantee period.
loans or pooling resources, the administrative department for municipal
engineering may, within a certain period, charge tolls from passing vehicles
(excluding military vehicles). Tolls charged may not be used for purposes
other than repaying the loans or pooling resources.
people's government of province, autonomous region or municipality directly
under the central government.
Chapter III Maintenance and Repair
and under its own administration, the administrative department for municipal
engineering shall, in the light of the grades and amount or number of the
urban roads as well as the maintenance and repair quotas, fix the financial
appropriations annually for the maintenance and repairs, and arrange the
maintenance and repair funds in a unified way.
strictly implement the technical norms for urban road maintenance and repair,
conduct the maintenance and repair regularly and ensure the quality of the
maintenance and repair works.
supervision over and inspection on the quality of the maintenance and repair
works, and ensure the urban roads in good condition.
organization and under the administration of the administrative department
for municipal engineering shall be entrusted to an urban road maintenance
and repair unit(s) by said department. Urban roads built with investment by a
unit and under the control of the same unit shall be maintained and repaired
by the investing unit or other units entrusted by the investing unit. Roads
in residential quarters and development areas shall be maintained repaired by
the construction unit or other units entrusted by the construction unit.
pipes and lines and the attached facilities of urban roads shall conform to
the standards for urban road maintenance. In case where any of them is
damaged or missing resulting in being harmful to traffic and safety, the
relevant title unit shall supply the missing or repair the damages in good
time.
within prescribed periods and clear signs and protective walls shall be put
and set up on the operation sites so as to ensure the safety of pedestrians
and traffic.
bear a uniform symbol; when carrying out tasks, they are not subject to
restrictions on routes or directions so long as the traffic safety is ensured
and the traffic can be kept going.
Chapter IV Road Administration
administration of the administrative department for municipal engineering
shall, in accordance with relevant provisions, wear a badge and hold the
certificate.
overheight or overlength vehicles' going on urban roads without authorization;
roads;
authorization;
(0.4 megopascal) or power lines with high-tension of more than 10 Kv. or
other inflammable or explosive pipes or lines;
installations without authorization; or
or any overweight, overheight or overlength vehicle needs to go through urban
roads, a permit shall be obtained in advance from the administrative
department for municipal engineering, and the vehicle shall go through at the
time and along the route designated by the department for administration of
public security and communications.
duties are not subject to provisions of the preceding paragraph, but shall
take safety and protective measures in accordance with relevant provisions.
municipal engineering may pipes, lines or pole lines be built attaching to
urban roads.
municipal engineering and the department for the administration of public
security and communications, no unit or individual may occupy or dig urban
roads.
to some special reasons, an approval must be obtained from the administrative
department for municipal engineering and the department for the
administration of public security and communications. Only with such approval
may the urban road be occupied in accordance with relevant provisions.
urban road and shall, upon the expiration of the occupation, immediately
clean up the occupied site and make the urban road restore to the original
state; those having made damages to the urban road shall make renovation or
give compensation.
occupying urban roads as fair grounds.
approval shall be obtained from the municipal people's government at or above
the county level; those occupying urban roads as fair grounds without
authorization shall be ordered, by the administrative department for
municipal engineering, to evacuate and clean up the occupied urban roads and
make them restore to functions.
the implementation of these Regulations without the approval of the municipal
people's government at or above the county level shall go through the
procedures for examination and approval in accordance with provisions of
these Regulations.
operation shall go through the procedures for examination and approval with
the administrative department for municipal engineering and the department
for the administration of public security and communications by producing the
approval documents issued by the city planning department and relevant design
papers. Only with the approval of the administrative department for municipal
engineering and the department for the administration of public security and
communications can the urban roads be dug in accordance with relevant
provisions.
years from its opening to traffic and urban roads having urdergone big
repair may not be dug within three years from the completion of the repair;
when there is a need to make digging due to some special reasons, an approval
shall be obtained from the municipal people's government at or above the
county level.
down and needs rush repair, the urban road may be dug and rush repair
conducted immediately and, in the meanwhile, a report shall be submitted to
the administrative department for municipal engineering and the department
for the administration of public security and communications and the
procedures for approval shall be gone through within twenty-four hours.
set up protective walls on the operation sites and, after the completion of
the operation, immediately clean up the sites and notify the administrative
department for municipal engineering for inspection.
occupation or digging at the approved location and within the approved area
and period. When there is a need to change the location or extend the area or
period, they shall go through in advance the procedures for approving the
changes.
administration of the administrative department for municipal engineering
shall pay fees for the occupation or renovation-after-digging of urban roads
to the said department.
the administrative department for construction of the people's government of
province or autonomous region or by the administrative department for
municipal engineering of the people's government of municipality directly
under the central government, and submitted to the departments of finance and
price control at the same level for ratification. The schedule of fees for
renovation-after-digging of urban roads shall be formulated by the
administrative department for construction of the people's government of
province or autonomous region or by the administrative department for
municipal engineering of the people's government of municipality directly
under the central government, and submitted to the departments of finance and
price control at the same level for filing.
in the light of the need of municipal construction or other special needs,
make decision with regard to temporary occupation of urban roads by units or
individuals to reduce the area of occupation, shorten the period of
occupation or stop the occupation and, in accordance with the actual
situation, refund some of the fees already paid for the occupation.
Chapter V Penalty Provisions
these Regulations, the administrative department for municipal engineering
shall order them to suspend the design or building and make corrections
within a prescribed time limits, and may impose a fine up to 30,000 yuan or,
when circumstances are serious, suggest to the department issuing the
credentials for design or building that such credentials be revoked, if they
have already been issued:
design or building or beyond their qualification degree for design or
building;
standards for design or operation; or
alter the design drawings without authorization.
Regulations by using without authorization urban roads that have not been
inspected or fail to pass the inspection, the administrative department for
municipal engineering shall set a time limit for correction and give a
warning and may concurrently impose a fine up to two percent of the cost of
the works.
violates the provisions of these Regulations and fails to conduct regular
maintenance and repair or fails to complete the repairs within the prescribed
time limits and refuse to accept the supervision and inspection by the
administrative department for municipal engineering, the administrative
department for municipal engineering shall set a time limit for correction,
give a warning, and impose a disciplinary sanction to the person in charge
directly responsible and other person directly responsible.
Regulations or commits any of the following acts, the administrative
department for municipal engineering or other relevant department shall set
a time limit for correction and may impose a fine up to 20,000 yuan, or if
any losses have been caused, the party responsible shall bear the
responsibility for compensation:
checkwells or case lids of various pipes or lines on urban roads or
facilities attached to urban roads;
operation sites;
urban roads;
without going through procedures for approval in accordance with provisions;
relevant provisions after a rush repair of pipes or lines buried under urban
roads; or
or digging urban roads, or change the location or extend the area or period
without going through the procedures for approval in advance.
crime shall be investigated for criminal responsibility by the judicial
organ; if the circumstances are not serious enough to constitute a crime but
a penalty for public security should be given, a penalty shall be imposed in
accordance with provisions of the Regulations on Administrative Penalties for
Public Security.
engineering who commit a crime by neglecting duties, abusing powers or
playing favoritism and committing irregularities shall be investigated for
criminal responsibility or, if the circumstances are not serious enough to
constitute a crime, be given a disciplinary sanction in accordance with the
law.
Chapter VI Supplementary Provisions
URL: http://www.asianlii.org/cn/legis/cen/laws/rotaour461