Administrative
Rules of Shenzhen Municipality on Urban Roads
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(Adopted
at the 103rd executive meeting of the Third Municipal
Government, promulgated by Decree
No. 129 on February 29, 2004)
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Chapter
¢ñ
General Provisions
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Article
1
In order to strengthen the administration of urban roads, keep
the urban roads in good condition
and fully bring the functions
of urban roads into play, these rules are formulated according
to
the national Administrative Regulations on Urban road, and on
the basis of the actual situation.
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Article
2
These rules shall apply to the construction, maintenance,
reparation and administration of the urban roads within
the
Shenzhen municipality.
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Article
3
The administration of urban roads shall comply with the
principles of unified planning, construction with complete
sets
and equal stress on construction, improvement and maintenance.
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Article
4
The administrative competent department of urban roads of
the Municipal People' s Government (hereinafter referred
to as
the municipal road competent department) shall be in charge of
administration of the urban
roads in the area of this city, and
shall conduct maintenance, reparation and management of the
urban roads under its administration.
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The
administrative competent department of urban roads of the
District People' s Government (hereinafter
referred to as the
district road competent department) shall be in charge of
conducting maintenance,
reparation and management of the urban
roads under its administration.
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The
municipal special management institution of urban roads and
bridges shall be authorized by the
municipal road competent
department to take the specific charge of maintaining, repairing
and managing
the urban roads.
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Article
5
The relevant administrative departments of the municipal
or district people' s government shall cooperate with the
municipal or district road competent department to implement
these rules according to their respective
functions and duties.
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Article
6
The urban roads (including the roads in residence, development
and industry districts, similarly
hereinafter), which are built
with no governmental investment, shall be maintained, repaired
and
managed by their construction units or management
departments.
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The
district road competent department shall supervise and guide the
maintenance, reparation and
management of the roads mentioned in
the preceding paragraph.
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Chapter
¢ò
Construction and Administration
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Article
7
The municipal competent department of planning shall draw
up the yearly construction plan of urban roads according
to the
special development planning of urban roads. The road competent
department shall draw up
the yearly plan of reconstructing or
heavily repairing the urban roads according to the road' s
condition, and apply to the competent department of plan for
approval according to legal procedures.
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Article
8
The planning and designing of urban road, which is to be
constructed under the government' s investment, shall be
organized by the municipal competent department of planning,
according to the special development
planning and yearly
construction plan of urban roads.
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The
design of supporting facilities of the road, which is not to be
constructed under the government'
s investment, shall comply
with the sub-district planning and special development planning
of urban
roads.
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Article
9
When the municipal competent department of planning
examines the initial design scheme of building, expanding or
rebuilding an urban road, it shall solicit opinions from the
road competent department, the communication
administrative
department of public security and the managerial units of pipes,
lines or poles,
which are affiliated to the urban road. Those
departments mentioned above shall give written opinions within
10 working days.
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The
competent department of urban roads shall draw up the design
scheme of reconstructing or heavily
repairing an urban road in
accordance with the requirements of city planning, and shall
solicit
opinions from the traffic department of public security,
and the managerial units of pipes, lines or poles, which
are
affiliated to the urban road. Those departments mentioned above
shall give written opinions
within 10 working days.
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Article
10
The construction of auxiliary facilities of an urban road, such
as pipes, lines or poles of water
supply, drainage, gas,
electronic supply, communication, fire control and cable TV,
shall comply
with the principle of underground first and
over-ground second, and be conducted with the construction of
the urban road in step.
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Article
11
The design and construction units of the urban road shall have
the qualifications corresponding
to the project' s scale. The
design and construction shall satisfy the technical standards
and
operation instructions made by the State and Shenzhen
Municipality.
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Article
12
When the construction of an urban road is finished, the
construction unit shall organize the check and acceptance
according to the stipulated procedures. The project shall not be
put into use until it passes the
check and acceptance.
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Article
13
The construction unit of the urban road, which is built
under the government' s investment, shall hand over the road
to
the municipal or district road competent department for uniform
maintenance and management,
after it finishes the construction
and final accounts.
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However,
the construction unit may hand over the urban road right after
it passes the check and
acceptance with the approval of the
municipal government and on the basis of the needs of city
traffic.
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The
construction unit shall take charge of the maintenance and
management of the road before it
is handed over. All the
expenses thereof shall be paid by the construction unit itself,
and shall
not be counted in the investment cost of the project.
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The
construction unit of the urban road, which is built under the
government' s investment, shall
not change its use before it is
handed over to the competent road department for uniform
maintenance
and management.
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Article
14
The guarantee system of projection quality shall be
practiced for the urban roads. The guarantee period shall be
the
project' s reasonable useful life stipulated in the design
document. If the urban road, which
has been handed over to the
competent road department for uniform maintenance and
management, has
quality problem in the guarantee period, the
construction unit shall be responsible for the reparation.
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Chapter
¢ó
Maintenance, Reparation and Management
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Article
15
The road competent department shall regularly organize
the inspection and general examination of the urban roads
in the
area under its administration, according to relevant technical
standards of the country.
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Article
16
The road competent department shall check and ratify the
maintenance and reparation funds in the city maintenance
budget
year by year, on the basis of the level, quantity of the urban
roads under its administration,
and the quota of maintenance and
reparation funds.
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Article
17
The expansion, rebuilding, reformation and reparation of
urban roads shall be arranged uniformly and constructed
by
stages. The traffic department of public security shall be
solicited opinions about the organization
plan of construction,
and shall give written opinions within 10 working days.
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Article
18
The construction unit, which undertakes the maintenance
and reparation of urban roads, shall comply strictly with
the
technical standards promulgated by the State concerning the
maintenance and reparation of urban
roads, to maintain and
repair urban roads according to the plan and ensure the quality
of the maintenance
and reparation projects.
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The road competent department shall supervise
and inspect the quality of the maintenance and reparation
projects of urban roads.
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Article
19
It is encouraged to hand over the road, which is built and
managed without governmental investment
and is used for city
traffic, to the municipal or district road competent department
for administration.
The road for handing over shall satisfy the
requirements of the national check and acceptance standards
concerning the construction projects of urban roads and bridges.
The transference of title shall not be
conducted until the
Municipal or District People' s Government approves.
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The
road, which is constructed and managed without governmental
investment and needs to be used
in traffic according to the
development of city traffic, shall be kept unblocked and has no
profitable
parking slot nor section for parking motor vehicles
provisionally.
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Article 20 The well covers or trench covers installed on urban roads, or
auxiliary facilities of urban roads shall comply with
the
technical standards on urban road maintenance.
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The
unit owning the property shall regularly check the installed
well covers or trench covers on
the urban road, and keep them in
complete forms and correct positions. In case that a well cover
or trench cover is damaged, moved or lost, the unit owning the
property shall set caution symbols immediately
upon knowledge,
and renew the damaged, supplement the lost or put the moved back
in time.
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Article
21
The special vehicles for urban road maintenance and
reparation shall use uniform symbols. When the special vehicles
are used in exercising the job of maintenance and reparation,
they shall not be confined in certain
driving routes or
direction in the operation section of the road on the premise of
ensuring the
safety and smoothness of traffic.
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Chapter
¢ô
Administration of Urban roads
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Article
22
The following activities are prohibited in the area of
urban roads:
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1.occupying,
breaking open urban roads or opening entries to urban roads
arbitrarily;
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2.
driving caterpillar or iron-wheel vehicles, or vehicles
exceeding the limits for tonnage, dimensions
of height or length
on urban roads arbitrarily;
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3.
driving or stopping powered vehicles on the pavements or covers
of underground pipeline;
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4.
repairing vehicles in disintegration on urban roads;
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5.
building provisional structure or fixtures etc. on urban roads
arbitrarily;
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6.
erecting pipelines of gas or liquefied petroleum gas whose
pressure is above 4 Kg per square
centimeter (0.4 mega-Pascal),
electrical wires whose voltage is above 10 kilovolt, or other
flammable,
explosive pipelines on bridges;
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7.
erecting advertisement boards or other hanging objects on roads,
bridges or their auxiliary facilities
arbitrarily;
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8.
destroying the road' s auxiliary facilities;
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9.
other activities damaging or embezzling urban roads, or
affecting the functions of urban roads.
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Article
23
Anyone, who needs to occupy an urban road temporarily because of
important celebration or construction,
shall apply to the
municipal or district road competent department administering
the road for approval.
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In
case that the temporary occupation of urban road may affect the
traffic safety, the road competent
department shall solicit
opinions from the traffic department of public security. The
traffic department
of public security shall give written
opinions of consent or dissent within 5 working days.
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The
road competent department shall make a decision on whether to
approve the application or not
within 10 working days upon
receiving the application, and shall make a written explanation
if
it refuses to give approval.
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Article
24
Anyone, who occupies an urban road temporarily with
approval, shall occupy the road according to the approved
purpose, scope and time limit, and pay the charge for occupation
of road to the road competent department
according to relevant
provisions.
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The
time limit of occupying urban road temporarily because of
important celebration shall not exceed
1 month. The time limit
of occupying urban road temporarily because of construction
shall be determined
according to the term of the construction
project.
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Anyone,
who needs to change the use purpose, scope or time limit, shall
apply for check and approval
in advance.
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The
charge of occupying urban road shall be turned in to the
municipal or district people' s government,
and shall only be
used especially in the maintenance, reparation and
administration of urban roads.
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Article
25
Anyone, who occupies an urban road temporarily with
approval, shall not damage the road, and shall clear the site
at
the end of occupying period in time, resume the original
appearance of the road, and make reparation
or pay compensation
if the road is damaged.
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Article
26
Anyone, who occupies an urban road for the use of parking
with time-meter, shall comply with relevant provisions
of the
municipal government.
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Article
27
Anyone, who uses an urban road to establish civil
facilities, such as mail box, ash bin, telephone box, sentry
box, pole and line, or pipeline etc., shall get an approval from
the municipal or district road competent
department
administrating the road, and the competent department of
planning.
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When
the establishing unit transfers or removes the above facilities,
it shall clear away the hangovers,
such as isolated pole, line
or foundation, and resume the original appearance of the urban
road.
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When
the urban road is to be expanded or rebuilt, the establishing
unit shall transfer or remove
the above facilities according to
the requirements of design.
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Article
28
The installing unit shall report to the municipal road
competent department for record, when it establishes or moves
a
station for bus, or passenger transportation vehicle along fixed
lines. The expenses for strengthening
the urban road to protect
civil pole and line shall be borne by the establishing unit.
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Article
29
The erecting unit shall apply to the municipal or district road
competent department of the bridge
for approval before it erects
pipelines clinging to the urban bridge, and regularly check them
to ensure safety.
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When
an urban bridge is to be rebuilt or expanded, the unit owing the
property of the pipelines,
mentioned in the preceding paragraph,
shall dismantle or move the pipelines gratuitously in time.
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Article
30
No unit nor individual may break open an urban road
arbitrarily (including conduct the project of pushing or digging
for underground pipelines under the groundwork of an urban
road). Anyone, who needs to break open
urban roads under special
situation or because of project construction, shall apply for
approval
to the municipal or district road competent department
administrating the road.
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If the breaking of an urban road affects
traffic safety, the road competent department shall solicit
opinions from the traffic department of public security. The
traffic department of public security shall give
written
opinions of consent or dissent within 5 working days.
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The road competent department shall make the
decision on whether to approve or not within 15 working days
upon receiving the application, and shall give written
explanation when it disapproves the application.
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Article
31
Anyone, who needs to break open an urban road under
special situation and is involved in anyone of the following
situations, shall apply to the municipal people' s government
for approval:
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1.
breaking open the urban road, which has been used for less than
5 years after being built, expanded
or rebuilt, or less than 3
years after being heavily repaired;
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2.
breaking open the main road crosswise, which has more than 6
traffic lanes of two directions.
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Article
32
Anyone, who applies for breaking open an urban road,
shall submit the approval document made by the planning
department, relevant design documents and plan of civilized
construction on site. The plan of civilized
construction on site
shall include the following items:
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1.
the plane layout drawing of the construction spot, including the
schematic drawing of the actual
breaking area and enclosure
area, the layout drawing of construction facilities, machines
and tools,
and the schematic drawing of stacks of finished
products, semi-finished products, raw materials and waste
materials;
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2.
the single design plans of temporary buildings, structures, land
hardening and road;
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3.
the design of treating and discharging sewage on the site, and
rules of controlling dust and
noise;
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4.
the protection rules of the current civil pipe network in the
construction area and its surrounding
buildings and structures;
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5.
the rules of sanitation and safety protection on the site;
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6.
the organizations and persons in charge of the civilized
construction on the site.
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Article
33
Anyone, who is approved to break open an urban road,
shall conduct enclosure operation within the approved area and
time limit. Anyone, who needs to change the area or time limit,
shall apply for examination and
approval in advance.
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Anyone,
who is approved to break open an urban road, shall pay
reparation fees to the road competent
department for breaking
open urban road, except those who cause no damage to the surface
of urban
road in pulling through or digging for pipeline under
the ground. From those, who break open the urban road, which
has
been used for less than 5 years after being built, expanded or
rebuilt, or less than 3 years
after being heavily repaired, the
road competent department shall collect one to five times of the
reparation fees for breaking according to the years ahead of
normal.
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The reparation fees for breaking open urban
roads shall be turned in to the municipal or district people' s
government and shall be specially used in the reparation of
urban roads.
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Article
34
If a unit owning the property of the pipelines for water
supply, water drainage, combustion air, electric supply,
communication, fire control, cable television or traffic sign in
city needs to break
open an urban road for construction, it shall submit the
construction plan to the
municipal or district road competent
department administrating the road for uniform arrangement in
the first month of each quarter of a year. The road competent
department shall be responsible for organizing
relevant
departments to hold a coordination meeting concerning the
breaking plan.
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In
case that an underground pipeline needs to be repaired
immediately under emergent accident, relevant
unit may break
open the urban road in advance for immediate reparation, and
shall inform the road
competent department and the traffic
department of public security. It shall go through supplementary
procedures of approval for breaking open urban road under
emergency within 1 working day afterwards.
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Article
35
Anyone, who is approved to break open an urban road,
shall construct during the time when the traffic is not busy,
and construct in the enclosure on the premise of not blocking
the traffic. He shall clear the site
and inform the road
competent department for examination and acceptance in time
after the construction
is finished. The road competent
department shall organize the reparation immediately after
receiving
the information and resume the road' s original
appearance.
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If the construction period on an urban road is more
than 10 days, the construction unit shall publicize the period
to the public 2 days ahead, and hang a placard on the
construction site to publicize the daily
construction progress.
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Before the beginning of construction on urban
road, the construction unit or the road competent department
shall draw up rules on leading traffic together with the traffic
department of public security.
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In case that a construction project may damage
urban road, the construction unit or building unit shall reach a
protection agreement with the road competent department before
starting the construction.
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Article
36
Anyone, who occupies or breaks open an urban road, shall set
up enclosures, caution boards or signal boards on the
construction site according to the following provisions:
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1.
the breaking site shall be surrounded by continual, closed
enclosures or simple enclosures, where
reflector buckets and
belts shall be installed, and safety caution signals and lamps
shall be hung;
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2.
the height of the installed continual and closed enclosures
shall not be less than 1 meter;
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3.
the construction signal boards shall be hung on conspicuous
places and indicate the project'
s name, breaking area,
approved occupation or breaking period (or finishing time),
serial number
of the occupation or breaking license, telephone
numbers of the construction unit, building unit and contact
person, and the telephone number for accepting complaints;
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4.
the construction caution board shall be hung 100-120 meters far
from the construction site when
breaking open the carriage ways
of a main express road, or 50-80 meters far from the
construction
site when breaking open a road of other kind.
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5.
the safety caution lamps shall be hung when constructing at
night.
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Article
37
Anyone, who needs to drive caterpillar vehicles, iron-wheeled
vehicles, or vehicles exceeding the
limits for tonnage,
dimension of height or length, shall apply for approval to the
municipal or
district road competent department administrating
the road section in advance. The road competent department shall
make a decision on whether to approve or not within 3 working
days, and shall give written explanation
if it refuses to
approve.
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The vehicles, which are approved by the road competent
department to run on urban road, shall run at the time, along
the route as specified by the traffic department of public
security.
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If
a vehicles needs to pass through a road or bridge under the
administration of two or more districts,
the municipal road
competent department shall be responsible for the examination
and approval.
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If a vehicle' s load exceeds the designed
carrying capacity of a road or bridge, a safety evaluation for
the heavy vehicle to pass through shall be conducted in advance.
The vehicle shall not pass through until
effective and
protective rules have been adopted. The expenses of conducting
the safety evaluation
and strengthening facilities shall be
borne by the unit or person who owns the vehicle.
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Article
38
If the damage of urban roads affects the passage safety, the
road competent department shall set
up caution signs immediately
and inform the traffic department of public security in time. If
the
passage safety is seriously affected, the road competent
department shall adopt rules to block the road with the
cooperation of the traffic department of public security.
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If
it is necessary to block road to carry out reparation, the road
competent department and traffic
department of public security
shall announce a public notice of blocking road jointly.
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Article
39
Anyone, who plans to engage in an operation, such as
dredging river, digging in river, piling for construction,
pulling through for underground pipelines or blasting in the
safety protection area of an urban
bridge, shall adopt safety
protection rules, and shall not start the operation until the
road competent
department approves.
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Chapter
¢õ
Legal Liabilities
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Article
40
If the design, construction or building unit violates the
provisions of the Article 11 or 12 of
these rules, it shall be
punished by the competent department of planning or construction
according
to relevant laws and regulations.
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Article
41
If the construction unit changes the use of road, in
violation of the provisions of the Article 13 of these rules,
the relevant competent department shall confiscate its illegal
gains and turn them in to the municipal
or district people' s
government.
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Article
42
Anyone, who violates the provisions of Paragraph 2, Article 20
of these rules, shall be imposed
a fine of 1,000 yuan per place
by the road competent department.
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Article
43
Anyone, who violates relevant provisions of Article 22 of these
rules, shall be punished by the
road competent department
according to the following provisions:
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1.
anyone, who violates the provisions of Item 2 or 4, shall be
ordered to make correction, and
may be imposed a fine of 2,000
to 5,000 yuan simultaneously;
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2.
anyone, who violates the provisions of Item 3, shall be ordered
to make correction, and may be
imposed a fine of more than 500
to 1,000 yuan simultaneously;
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3.
anyone, who violates the provisions of Item 5, shall be
compulsorily demolished its illegal structures,
and may be
imposed a fine of 5,000 to 10,000 yuan per place simultaneously;
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4.
anyone, who violates the provisions of Item 6, shall be
compulsorily demolished its illegal structures,
and be imposed a
fine of 10,000 to 20,000 simultaneously;
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5.
anyone, who violates the provisions of Item 7, shall be ordered
to demolish its illegal structures
in a time limit, and be
punished according to relevant administrative regulations on
outdoor advertisement;
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6.
anyone, who violates the provisions of Item 8, shall be imposed
a fine of 2,000 to 5,000 yuan;
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7.
anyone, who violates the provisions of Item 9, shall be imposed
a fine of 1,000 to 3,000 yuan
according to the seriousness of
circumstances.
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Article
44
Anyone, who violates the provisions of Paragraph 1 of Article 23
of these rules, shall be ordered
to make correction, and be
imposed a fine of 1,000 yuan per square meter of the occupied
land by
the road competent department.
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Article
45
Anyone, who doesn' t apply for approval, in violation of the
provisions of Article 24 or 33 of
these rules, shall be ordered
to apply for supplementary approval in a time limit by the road
competent
department; if he doesn' t apply for supplementary
approval in the time limit, he shall be punished according to
the provisions on occupying urban road or digging urban road
without approval.
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Article
46
Anyone, who occupies an urban road beyond time limit, or
doesn' t clear the site after digging a road, in violation
of
the Article 25 or 35 of these rules, shall be imposed a fine of
500 to 3,000 yuan by the road
competent department.
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Article
47
Anyone, who violates the provisions of Paragraph 1 of
Article 27 of these rules, shall be demolished its illegal
structures compulsorily, and may be imposed a fine of 5,000 to
10,000 yuan per place by the road
competent department.
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Anyone,
who violates the provisions of Paragraph 2 of Article 27 of
these rules, shall be ordered
to clear the site in a time limit
by the road competent department, and imposed a fine of 1,000 to
3,000 yuan if he fails to clear in the time limit.
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Article
48
Anyone, who breaks open a main road crosswise or
crossroad system without approval£¬in
violation of Article 30 of these rules, shall be imposed a fine
of 20,000 yuan by the road competent
department. Anyone, who
digs an urban road without approval, shall be imposed a fine of
5,000 to
20,000 yuan. Anyone, who constructs pipeline project by
pulling through or digging underground without approval,
shall
be imposed a fine of 5,000 yuan.
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Article
49
Anyone, who violates the provisions of Article 31 of
these rules, shall be imposed a fine of 20,000 yuan by the road
competent department.
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Article
50
Anyone, who violates the provisions of paragraph 2 of
Article 34 of these rules, shall be imposed a fine of 1,000
to
2,000 yuan by the road competent department.
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Article
51
Anyone, who doesn' t set up enclosures, caution boards or
signal boards according to the provisions
of Article 36 of these
rules, shall be ordered to make correction by the road competent
department,
and imposed a fine of 5000 yuan if he fails to make
correction in the time limit.
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Article
52
Anyone, who causes damage to an urban road, in violation
of relevant provisions of these rules, shall be responsible
for
compensation.
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If
a pipeline laid under the ground of an urban road causes damage
to the road because of leak or
explosion, the unit owning the
underground pipeline shall undertake the reparation at first.
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Article
53
Anyone, who violates relevant provisions of these rules
and his act constitutes a crime, shall be investigated for
criminal responsibility by the judicial organ according to law;
if a crime is not constituted,
he shall be given punishment of
security administration according to the provisions of the Regulations
of the People' s Republic of China on Punishments in Public
Order and Security Administration.
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Article
54
If the party doesn' t agree with the administrative
penalty, he may apply for administrative review according to
law, or bring litigation to people' s court. If the party
doesn' t apply for review, bring litigation,
nor implement the
penalty decision in the time limit, the organization making the
penalty decision
shall apply to the people' s court for
coercive implementation.
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Article
55
If a working person of road competent department neglects
his duty, abuses his power or engages in malpractice for
personal gain, and his act constitutes a crime, he shall be
investigated for criminal responsibility
according to law, if a
crime is not constituted, he shall be given administrative
penalty according
to law.
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Chapter
¢ö
Supplementary Provisions
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Article
56
The urban road mentioned in these rules refers to the road in
the city or district (except the
highways) with auxiliary
facilities mainly for vehicles and passengers to pass through,
including:
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1.
carriageway, pavement, road shoulder, slope on sides, channel on
sides, square, separation belt
and land for use lined according
to the red line of urban road planning, whose auxiliary
facilities
include name board of the road, guardrail for
pedestrian, separation banister (or pier) of carriageway,
direction island, safety island and so on;
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2.
urban bridge refers to the structure above water or on land
connecting urban roads for vehicles
and persons to pass through,
including overpass bridge, viaduct, tunnel, culvert, pedestrian
bridge
and pedestrian underground passage etc; its auxiliary facilities
include bridge hole, retaining wall, bridge banister,
anti-crash
banister, pedestrian staircase, name board of bridge, loading
limit board and safety
protection district of urban bridge
(water area or land within 10-60 meters far from the two sides
of the vertical projection of the bridge).
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Article
57
The municipal road competent department shall publicize
the scope of urban roads under the administration of municipal
and district road competent departments respectively.
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Article 58 These rules shall enter into effect as of April 1, 2004. |