Laws of the Shanghai Province

In order to strengthen the administration of city railway communication, promote the construction of city railway communication, safeguard safe operation and protect the legitimate rights and interests of passengers, these Regulations are formulated in accordance with the provisions of relevant laws and regulations, and with full consideration to the actual circumstances of this Municipality.

Article 2

The city railway communication (hereinafter referred to as the CRC) mentioned in these Regulations refers to this Municipality' s systems of city railway public passenger transport such as underground railway (metro) and light railway.

The CRC facilities mentioned in these Regulations refer to the railways, tunnels, elevated roads, stations (including entrances, exits, passages), vehicles, mechanic and electric equipment, communication signal systems and other auxiliary facilities of CRC as well as related facilities set up to ensure the operation of CRC.

Article 3

These Regulations apply to the planning, investment, construction and operation of CRC and related management activities thereof in this Municipality' s administrative area.

Article 4

The Shanghai Municipal City Traffic Administration (hereinafter referred to as the MCTA) is the competent administrative department of this Municipality' s CRC, in charge of the organization of implementation of these Regulations, and its subordinate the Shanghai Municipal City Railway Communication Administration Section (hereinafter referred to as the MCRCAS) takes charge of the specific administration work of this Municipality' s CRC. The MCTA may entrust the MCRCAS to impose the administrative punishment that is to be imposed by the MCTA as provided by these Regulations.

The CRC line operating unit is responsible for the routine management work of CRC operation within its operation scope. The CRC line operating unit, which the MCTA affirms to have met the requirements for imposing the administrative punishment, shall impose the administrative punishment according to the authorization of the these Regulations.

The municipal plan, construction, planning and other related administrative departments shall, according to their respective functions and duties, implement these Regulations.

Article 5

The principles of united planning, multiple investments, construction of complete-set, normalized operation, concentrated management, and safety and convenience are followed in this Municipality' s CRC.

Article 6

This Municipality gives top priority to the development of CRC of public passenger transport. The people' s governments at all levels in this Municipality shall give support to the investment, construction and operation of CRC.

This Municipality' s CRC network planning shall be drawn up through organization by the municipal planning administrative department in accordance with the plan of this Municipality' s national economy and social development.

This Municipality' s specialized planning of CRC shall be drawn up through organization by the MCTA in accordance with the planning of CRC network and incorporated into the city overall planning after comprehensive balance by the municipal planning administration department.

For the drawing up of the planning of CRC network and specialized planning, opinions shall be solicited from the district/county people' s governments and all related parties as well as the citizens, so as to make a rational arrangement of links for transfer between different lines of CRC and between CRC and other city public communication.

Article 8

The MCTA shall, according to the specialized planning of CRC, organize the drawing up of the CRC construction plan and the formulation of norms of operating function arrangements for CRC operation management, line facilities, station facilities, etc.

The CRC construction plan shall be organized and carried out after approval according to the procedure of capital construction set by the State and this Municipality.

The municipal plan and construction administrative departments shall, jointly with the MCTA, examine the letter of suggestions, the feasibility study report and the preliminary design of CRC construction project.

Article 9

This Municipality delimits the control area of CRC planning, and the specific scope shall be designated by the municipal planning administrative department jointly with the MCTA.

The municipal, district and county planning administrative departments, when examining the projects to be newly built, re-built or extended within the CRC planning control area, shall solicit in writing the opinion of the MCTA.

Article 10

The land defined by the city planning for the use of CRC shall not change the purpose of use without the adjustment by legal procedure.

The CRC construction that uses the underground space is not subject to the restriction of the use rights of the land above. The construction of CRC project shall take measures to prevent and reduce the affect to the upper and surrounding existing buildings and structures and to ensure their safety.

Article 11

The municipal planning administrative department, when it makes planning of the land to be used for CRC stations, shall, according to the CRC network planning and specialized planning as well as passenger flow, needs of passengers' transfer and land-use condition, reserve in advance land to be used for the hub of transfers, parking lots of motor and non-motor vehicles, public toilets, and other public communication and public facilities.

The land to be used for the hub of passengers' transfers, parking lots of motor and non-motor vehicles, public toilets and other public communication and public facilities shall not be diverted for other purposes.

Article 12

The funds of CRC construction shall be raised through multiple channels and ways. This Municipality encourages domestic and foreign enterprises and other organizations to invest in the construction and operation of CRC. The legitimate rights and interests of investors are protected by law.

The matters of investment and financing of CRC construction are in the charge of the special organization for CRC investment and financing designated by the municipal people' s government.

Article 13

The prospecting, design, construction work and supervision of the construction project of CRC engineering shall observe the technical standards set by the State and this Municipality, and conform to the technical provisions concerning the protection of surrounding buildings and structures as well as other related facilities.

The prospecting, design, construction work and supervision of the construction project of CRC engineering shall be undertaken by the unit with appropriate qualification grade through public bidding.

Article 14

The CRC construction shall conform to the requirements of the standards of CRC operating function arrangement.

The CRC project construction unit, when organizing the design and construction of engineering project, shall arrange safe and reliable operation facilities and service facilities (including public toilets), build a perfect CRC safety monitoring and rescue security system to ensure the passengers' riding safety and convenience.

Article 15

Upon the completion of CRC engineering, the CRC project construction unit shall, according to the design standard, organize the preliminary testing of the engineering. The completed engineering with basic operation qualification shall be affirmed by relevant departments and experts organized by the MCTA, and shall be allowed to conduct trial operation after approval by the municipal people' s government.

Upon completion, the CRC engineering shall be checked and accepted as stipulated by the relevant State provisions, and only after passing the check and acceptance, it shall be delivered for official operation.

Article 16

Within the limits of land defined by the city planning for the use of CRC, the CRC project construction unit or its entrusted CRC line operating unit shall enjoy the operating rights of real estate development, commerce and advertising activities.

The operating unit of CRC line shall be determined through public bidding. Under special circumstances, it may be also determined with approval of the municipal people' s government by direct entrustment.

The way of invitation and tender of bids and the examination and approval procedure of the direct entrustment of CRC line operation shall be jointly formulated by the municipal planning administrative department and the MCTA separately according to relevant laws and regulations.

Article 18

The MCTA shall draw up the service norms of this Municipality' s CRC operation. The CRC line operating unit shall fulfill the requirements of the service norms to ensure normal operation of CRC, conveying passengers safely and punctually.

The CRC line operating unit shall publish in conspicuous places of stations the first and last running time of trains, notes of train' s running state and directions on transfer. If the train is late more than 15 minutes for some reason or the adjustment is needed for the first or last running time, a notice shall be put up timely to inform the passengers.

Article 19

The operator, dispatcher and other post staff of the CRC line operating unit shall pass the qualification test by the MCRCAS before getting on post by certificate.

The staff of CRC line operating unit shall wear uniforms and signs, attend to passengers politely, offer service in a civilized way, announce arrivals timely, and broadcast clearly.

The ticket price of CRC shall coordinate with the ticket price of other public communication of this Municipality. For determination and adjustment of ticket price, hearings shall be held in accordance with the relevant provisions, opinions broadly solicited from all sides of society, and approval obtained from the Municipal People' s Government after examined and verified by the municipal price control administrative department.

The CRC line operating unit shall implement the ticket price approved by the municipal people' s government and make it public. The municipal price control administrative department shall supervise and inspect the implementation of CRC ticket price.

The MCTA shall work out the uniform CRC ticket that is convenient for the passengers to transfer.

Article 21

The CRC line operating unit shall provide safe and convenient passenger transport service, ensuring the legitimate rights and interests of passengers.

When a breakdown occurs in the running course of CRC and affects operation, the CRC line operating unit shall organize forces to fix the breakdown in time and restore operation. If the operation cannot be restored in a short time, the CRC line operating unit shall organize the dispersion and transfer of passengers.

If CRC cannot run normally due to a breakdown, the passenger with a valid ticket has the right to request the CRC line operating unit to refund the original ticket price.

Article 22

The MCTA shall work out "Rules of CRC Passengers" . Passengers shall observe the "Rules of CRC Passengers" when entering the station and taking a ride.

Article 23

The passenger shall take a ride with a valid ticket. For those who take a ride without ticket or with an invalid ticket, the CRC line operating unit may collect retroactively the ticket money at the total one-way ticket price, and may collect less than five times the ticket money in addition.

Article 24

The following acts are prohibited within the area of CRC facilities:

(1) Intercepting the train;

(2) Entering rails or tunnels

(3) Climbing or striding over enclosure, bars, railings, revolving brakes;

(4) Forcedly getting on or off

(5) Smoking, spitting, urinating or defecating, throwing up chewing gum residue, littering peels, paper scraps or odds and ends

(6) Bringing cat, dog and other pets along;

(7) Scribbling, scrawling, cutting or posting bills without authorization;

(8) Without authorization, pitching stalls, making a living as a performer or engaging in sales activity;

(9) Panhandling, lying on the ground;

(10) Other acts in violation of provisions of laws and regulations.

Article 25

Passengers are forbidden to carry inflammable, explosive, poisonous, radioactive, corrosive or other dangerous substances on board.

The CRC line operating unit has the right to make safety inspection on articles carried by passengers and order any passenger carrying inflammable, explosive, poisonous or radioactive, corrosive and dangerous articles that jeopardize public safety, to leave the station. In case of refusal to leave the station, such a passenger shall be transferred to the public security department to be dealt with according to law.

Article 26

The construction unit of CRC project shall follow the provisions on the administration of fire control and accident rescue, and set up fire-fighting, anti-floods, protection, alarm, and rescue equipment and installation in the facilities of CRC. The CRC line operating unit shall keep the above-mentioned equipment and installation in a good state.

In case of fire, flood or other emergency, the staff of the CRC line operating unit shall immediately report to the police, and take measures to extinguish fire, drain off water and remove the danger, and take other emergency rescue measures.

Article 27

The public security department shall be responsible for the security administration of CRC, and shall maintain the security order of CRC.

Power, water supply, communication and related units shall guarantee the need of CRC for power, water and communication, assisting the CRC line operating unit in ensuring the normal operation of CRC.

Article 28

The MCRCAS and the CRC line operating unit shall institute the system of handling complaints, and accept passengers' complaints against acts in violation of the provisions of these Regulations concerning operation and against service quality.

The CRC line operating unit shall make a reply within 10 work days from the date of receiving complaints. If disagrees with the reply, the passenger may appeal to the MCRCAS.

The MCRCAS shall make a reply within 15 work days from the date of receiving the passenger' s complaint or appeal.

The CRC line operating unit shall be responsible for the management and maintenance of CRC facilities. The CRC line operating unit shall make regular inspection, timely maintenance and renovation of operation facilities and service amenities, ensuring the CRC facilities in a state of availability for safe operation, keeping the equipment such as ticket selling and inspecting, automatic escalators, vehicles, ventilation and lighting in good condition, maintaining the stations and railway carriages clean and tidy, and making entrances, exits and passages unimpeded and all signs conspicuous.

The CRC line operating unit shall install public telephone, litter-box and other necessary service amenities at the station. Advertisements set up in the stations and vehicles shall be legal, normalized, well-laid-out and civilized.

Article 30

The CRC shall have safety protection areas, whose scope is set below:

(1) Within 50 meters from the outside of outer sideline of the underground station and tunnel;

(2) Within 30 meters from the outside of outer sideline of the ground station and elevated station and railway line;

(3) Within 10 meters from the outside of outer sideline of entrance, exit, ventilation pavilion, transformer sub-station and other buildings and structures.

Article 31

When the following operations are conducted in the CRC safety protection area, the operation plan shall have approval of the MCRCAS and take appropriate measures of safety protection:

(1) Erecting or demolishing buildings and structures;

(2) Engaging in construction work operations of piling, digging, underground pushing ahead, blasting, erecting, making water subsided, and reinforcing foundations;

(3) Other activities of increasing or reducing load on large area.

The MCRCAS shall first submit the scheme for the above-mentioned operation to related units for technical examination. When a CRC engineering is under construction, the scheme for the above-mentioned operation shall be submitted to the construction unit of CRC project for technical examination. When the CRC engineering project is completed and delivered for operation, the scheme for the above-mentioned operation shall be submitted to the CRC line operating unit for technical examination. After that the MCRCAS, based on the opinion of the technical examination, has decided whether it approved with the operation scheme, it shall timely notify the related construction unit of CRC project or line operating unit of its decision.

Article 32

The construction unit of CRC project or line operating unit shall follow the opinion of technical examination, and make routine supervision over safety of the operations provided under Article 31 clause 1.

If operations are conducted in the CRC safety protection area without approval, the construction unit of CRC project or line operating unit shall notify that such operations should be stopped immediately, and report them to the MCRCAS. If operations are conducted in the CRC safety protection area with approval but there arise in the process of operations conditions that endanger the safety of CRC, the construction unit of CRC project or line operating unit shall notify that such operations should be stopped immediately, and take appropriate safety measures, and report the case to the MCRCAS at the same time.

Article 33

No building or structure blocking the lookout of the running train shall be erected, nor trees blocking the lookout of the running train shall be planted on the inner side of any curve of CRC line.

To abandon odds and ends and garbage in the CRC area is prohibited.

Article 34

It is prohibited to park vehicles, pile up odds and ends, and pitch stalls at random affecting the entry and exit of passengers at the entrance and exit of CRC station.

Article 35

The following acts of endangering CRC facilities are prohibited:

(1) Putting to use emergency or safety installations under a non-emergency state;

(2) Damaging vehicle, tunnel, railway and their equipment, roadbed, and station facilities;

(3) Damaging and interfering mechanical and electrical equipment, cable and communication signal system;

(4) Other acts of damaging CRC facilities.

Injuries and deaths in accidents that arise in the operation of CRC shall be handled in the principles of first rescuing the wounded, removing the obstacles, restoring normal operation in time, and then dealing with the accident, and no unit or individual person is allowed to impede the normal operation of CRC.

Article 37

When an accident with personal injuries and deaths arises in the operation of CRC, the CRC line operating unit shall keep the scene intact, and maintain order. The public security department shall make timely survey and inspection, and dispose of according to law the corpse of the dead in the accident.

Article 38

The aftermath of accident of personal injuries and deaths shall be dealt with through consultation and according to law by the CRC line operating unit and the victim.

Article 39

The CRC line operating unit shall be responsible to compensate the losses of the passengers for injuries and deaths arising in the course of transportation, except that the injury and death is caused by the passenger' s own bad health or is caused intentionally by the passenger or caused by the major fault of the passenger.

For injuries and deaths of persons other than passengers caused by their intruding into, crossing or climbing over CRC facilities in violation of the rules and regulations, the CRC line operating unit shall not bear any compensation responsibility.

Violators of the provisions on the administration of CRC planning, investment and construction shall be dealt with according to related laws and regulations by relevant administrative departments.

Article 41

If the CRC construction does not conform to the requirements of the standard of CRC operating function arrangement stipulated in the provision of Article 14 of these Regulations with failure to provide and establish safe and reliable operation and service facilities, or failure to build a perfect system of safety monitoring and rescue security, the MCTA shall order the correction within a time limit and impose a fine of between not less than 20,000 yuan and not more than 200,000 yuan.

Article 42

An act in violation of the provision of Article 18 clause 2 of these Regulations with failure to publish or notify relevant matters as provided shall be ordered by the MCTA to make correction.

If the CRC line operating unit violates the provision of Article 19 of these Regulations by arranging posts to related staff who have not been checked up or do not offer normalized service, the MCTA shall order the operating unit to correct within a time limit, and the violation of the provision of clause 1 by arranging posts to related staff who have not been checked up may be penalized with a fine of between not less than 500 yuan and not more than 5,000 yuan.

Violation of the provision of Article 29 of these Regulations with failure to manage well and maintain the CRC facilities shall be ordered by the MCTA to do correction within a time limit, and the failure to do correction before the deadline shall be subject to a fine of between not less than 3,000 yuan and not more than 30,000 yuan.

Any person who violates the provision of Article 24 of these Regulations by doing the acts banned by Items (1), (2) and (3) shall be ordered to make correction, and be penalized with a fine under 500 yuan by the CRC line operating unit.

Any person who violates the provision of Article 24 of these Regulations by doing the acts banned by Items (5), (6),(7),(8) and (9) shall be ordered to make correction, and be penalized with a warning or a fine under 100 yuan by the CRC line operating unit.

Any person who violates the provision of Article 35 of these Regulations by endangering the CRC facilities shall be ordered to make correction, and be penalized with a fine of between not less than 500 yuan and not more than 5,000 yuan by the CRC line operating unit.

Article 44

For violation of the provision of Article 31 clause 1 of these Regulations by conducting operations in the safety protection area without approval or not according to the approved scheme for operation, the MCTA shall order the wrongdoers to make correction, and impose a fine of between not less than 20,000 yuan and not more than 200,000 yuan.

Article 45

For violation of the provision of Article 33 clause 1 of these Regulations by erecting a building or structure that blocks the lookout of the running train, the MCTA shall order the wrongdoer to make correction within a time limit. For planting trees that block the lookout of the running train, the MCTA shall order the pruning or removal of such trees within a time limit.

For violation of the provision of Article 33 clause 2, by abandoning odds and ends and garbage in the CRC area, the MCTA shall give a warning and may impose a fine of not more than 100 yuan.

For violation of the provision of Article 34, by parking vehicles, piling up odds and ends, randomly pitching stalls at the entrance and exit of the CRC station, affecting the entry and exit of passengers, the public security traffic administration department and the organization in charge of the city appearance and environmental sanitation shall handle the case according to relevant laws and regulations.

Article 47

Any person who refuses or impedes the staff of the MCTA, the MCRCAS, or the CRC line operating unit in their performance of duties according to law, or who impairs the CRC operation order, or endangers the CRC facilities in violation of the "Regulations of the People' s Republic of China on Public Security Administration and Imposition of Punishment" shall be punished by the public security department according to law. If the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law.

Article 48

Any person who violates the provisions of these Regulations and causes damage to the CRC facilities shall bear corresponding civil liability for compensation in addition to the administrative punishment given according to law.

If any building or structure is damaged due to the CRC construction or operation, the unit liable shall make renovation according to the degree of damage, or give appropriate economic compensation.

Article 49

The staff members of the MCTA, the MCRCAS or the CRC line operating unit who commit negligence, abuse power or engage in malpractice for selfish end shall be given administrative punishment by their work unit or higher authorities according to law. If the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law.

Article 50

The party concerned, if disagreeing with the specific administrative act of the MCTA, the MCRCAS or the CRC line operating unit, may apply for administrative reconsideration or lodge an administrative lawsuit according to the provisions of the "Law of the People' s Republic of China on Administrative Reconsideration" or the "Administrative Litigation Law of the People' s Republic of China" .

If the party concerned does not apply for reconsideration of the specific administrative act, nor lodges a lawsuit, nor performs the act before the deadline, the MCTA, the MCRCAS or the CRC line operating unit may apply to the people' s court for enforcement.

Article 51

The construction, operation and management of magnetic levitation railway communication shall be conducted in reference to these Regulations.

Article 52

These Regulations shall become effective on July 1, 2002. The "Regulations of Shanghai Municipality on Administration of Underground Railway" shall be repealed at the same time.