|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the Shanghai Province |
[Database Search] [Name Search] [Noteup] [Help]
Regulations of Shanghai Municipality on the Administration of Highways
|
| (Adopted at the 14th Session of the Standing Committee of the 11th Shanghai Municipal People's Congress on November 26,1999) Chapter I General Provisions Article 1 With a view to strengthening the construction and management of highways in this Municipality, promoting the development of highways and giving full play to their role in economic construction, national defense and people's life, these Regulations are formulated in accordance with the provisions of the Highway Law of the People's Republic of China, taking into account the specific conditions of this Municipality. Article 2 Highways as mentioned in these Regulations refer to the state, municipal, county and township roads within the administrative area of this Municipality, including highway bridges, highway culverts and highway tunnels. Highway accessory facilities as mentioned in these Regulations refer to the protective, drainage, maintenance, operation, service, traffic safety, monitoring and control, communication, toll, greening, etc., facilities and equipment, as well as special purpose buildings and structures, of highways. Article 3 These Regulations shall be applicable to the planning, construction, maintenance, operation and use of the highways within the administrative area of this Municipality, as well as to the administration of highways, land for highway use, highway accessory facilities and construction control zones of highways. Article 4 The Shanghai Municipal Highway Administrative Department is the competent authority in charge of highways, and the municipal highway administrative organizations under it are in charge of the specific administration of the highways throughout the Municipality . County (district) highway administrative departments shall be responsible for the administration of the highways within their respective areas of jurisdiction according to scope of duties and power, and the county (district) highway administration organizations under them shall be in charge of the specific administration of the highways within their areas of jurisdiction according to their stipulated duties. Municipal, county (district) highway administrative organizations shall impose administrative penalties as authorized by these Regulations. Township (town) people's governments shall be responsible for the construction and maintenance of the township roads within their respective administrative areas. All relevant administrative departments in this Municipality shall coordinate in the implementation of these Regulations according to their respective duties. Article 5 The construction and development of highways in this Municipality shall follow the principles of overall planning, rational distribution, guaranteed high quality, unimpeded passage, the good protection of environment, the good protection of arable land, and enhancement of afforestation, with equal attention given to construction, renovation and administration. In the administration of highways of this Municipality, the principle of combining unified management with assignment of responsibilities to different levels shall be followed. Article 6 No unit or individual person may destroy, damage or illegally occupy highways, land used by highway and highway accessory facilities. Chapter II Administration of Planning and Construction Article 7 Specialized plans for highways shall be formulated according to the following provisions: 1.Plans for municipal roads shall be drawn up by the Municipal Highway Administrative Department in accordance with plans for state roads, and the needs of the national economic and social development of this Municipality and of national defense, after listening to the opinion of the people's governments of the counties (districts) along the highways and relevant municipal administrative departments. After comprehensive balancing by the municipal planning departments, and after approved by the Municipal People's Government, they shall be integrated into the overall urban planning, and be reported to the transportation authorities of the State Council for the record. 2.The plans for county (including township) roads shall be drawn up by county (district) highway administrative departments in accordance with the plans for municipal roads and county (district) urban planning, and having listened to opinions of competent county (district) administrative departments and the people's governments of the townships (towns) concerned. After preliminary examinations by the county (district) people's governments and the Municipal Highway Administrative Department, they shall be submitted to the Municipal People's Government for approval and filed with competent transportation department of the State Council for the record. 3.Plans for special-purpose highways shall be drawn up by the units in charge of the special-purpose highways and submitted to the Municipal Highway Administrative Department for examination and approval. Plans of special-purpose highways shall fit in with the plans of municipal roads and county roads (including township roads). Article 8 If it is necessary to revise approved plans of municipal roads, county roads (including township roads) and special-purpose roads, revision schemes shall be put forward by the original units that drew up the plans, and examined and approved by the original approving authorities. Article 9 Planned building complexes, such as villages, towns and development zones, shall be at a specified distance from highways. It is not permitted to construct building complexes, such as villages, towns and development zones, on both sides of highways. Planned and to be newly constructed municipal and county roads shall, to a specified extent, keep clear of villages, towns and development zones already completed. Article 10 Land used by highway shall be delimited in accordance with the following requirements: 1.If there are side ditches, catchment water drains or slope protection paths on either side of a highway, the area of the land it uses shall extend one meter from the outer side of the side ditches, catchment water drains or slope protection paths. 2.If there are no side ditches, catchment water drains or slope protection path on either side of the highway, the area of the land it uses shall extend 5 meters from the outer side of the highway kerbstones or slope footlines; 3.If the land actually requisitioned exceeds the area specified above, the actually requisitioned land area shall be taken as the land area it uses. Article 11 The name of a highway shall be determined at the instituting of the highway construction project. The highways of this Municipality shall be named in accordance with the standard nomenclature of state that shall be composed of the abbreviated names of the places where they begin and end. At the same time, they shall be assigned serial numbers, depending on whether they extend in a vertical north-to-south direction, or horizontal east-to-west direction. Article 12 Municipal and county (district) highway administrative departments shall draw up construction plans for municipal, county and township roads on the basis of specialized plans for highways, and organize the implementation of such plans after their approval in accordance with construction procedures prescribed by the state and this Municipality. Plans for the new construction, renovation and extension of county roads shall be subject to the examination and verification of Municipal Highway Administrative Department; the Municipal Highway Administrative Department shall be responsible for the coordination of plans for the construction of county roads that pass through different counties (districts). Plans for the new construction, renovation and extension of township roads shall be subject to the examination and verification of county (district) highway administrative departments; the county (district) highway administrative departments shall be responsible for the coordination of plans for the construction of township roads that pass through different townships (towns). Article 13 Highway construction funds shall be raised through the following channels and means: 1.Financial appropriation; 2.Borrowing from foreign or domestic financial institutions or foreign governments; 3.Investment by foreign and domestic economic organizations; 4.Proceeds from assigning the toll of highways in accordance with law; 5.Issuing stocks or debenture bonds by companies developing or operating the highways in accordance with law; 6.Voluntary fund contribution by enterprises or individual persons; 7.Other forms prescribed by law or the State Council. Article 14 To acquire the land to be used for highway construction, the highway owner units shall go through the necessary formalities for the use of the land in accordance with the provisions of the laws and regulations of the State and this Municipality on the use of land for construction purposes. Article 15 Units undertaking survey, design, construction, supervision and consultancy operations for highway construction projects shall secure qualification certificates issued by the construction administrative departments, in addition to registration with industrial and commercial administrative departments in accordance with law. Highway owner units shall sign contracts with duly qualified survey, design, construction and supervision units respectively, defining the rights and duties of both parties. Survey, design, construction and supervision units undertaking highway construction projects shall conduct their survey, design, construction, and supervision operations in accordance with laws, regulations and rules, as well as the requirements of the technical standards and norms of the state and this Municipality for highway projects and the terms of the contracts, so as to ensure the quality of these projects. Tendering procedures shall be performed in accordance with relevant regulations for highway construction projects for which such procedures are required by law or provisions of the State Council. Article 16 Highway owner units shall establish necessary highway accessory facilities for different grades of highways, according to requirements of the technical standards and norms of highway projects; expressways shall be installed with monitoring and control, communication and other related accessory facilities. Highway accessory facilities referred to in the above Paragraph shall be designed and constructed at the same time as the principal part of the highway project. Article 17 Upon the completion of a highway construction project, the municipal or county (district) highway administrative departments shall organize check and acceptance by relevant departments as required. It may not be put into operation unless and until checked and accepted. Road sections or separate projects that are completed section by section and have independent use values may be subjected to check and acceptance section by section. Upon their checks and acceptance, they may be put into operation first. Highway accessory facilities shall be completed and checked and accepted at the same time as the principal part of the project. After the completion, check and acceptance of the highway construction project, the construction unit shall submit completion files within a specified time limit to the urban construction archives organization. Article 18 A system of quality warranties shall be implemented for highway construction projects. The warranty period shall be agreed on by contract and it shall be not less than one year. If quality problems of the highways are discovered during the warranty period, the construction unit shall first make repairs or do the work over again. If the construction unit refuses to make repairs or do the work over again within a specified time limit, the owner unit shall organize their repair or doing the work over again, the cost of doing the work over again shall be borne by the party at fault. Article 19 If the construction of highways affects the normal operation of railways, water conservancy, electric power and post and telecommunication facilities and other public facilities, the highway owner units shall secure the prior approval of the departments concerned. If the construction of highways causes damages to such facilities or requires their relocation, the highway owner units shall have them repaired or restored according to technical standards not lower than their original ones or make due economic compensations therefor. Article 20 When rebuilding or extending highways, the construction unit shall put up conspicuous construction signed and safety signs at both ends of the road section under construction. Where it is necessary for vehicles to make detours, the construction unit shall put up signs at the cross roads leading to the detour; If detours are impossible, the owner unit shall organize the construction of temporary passage roads. Article 21 The Municipal Highway Administrative Department may declare the abandonment of municipal and county roads that outlive their usefulness and county (district) highway administrative departments may do so with township roads in the same conditions, subject to the approval of planning departments of the same level. Municipal or county (district) highway administrative departments and township (town) people's governments shall lose no time in announcing to the public the highways that are abandoned and putting up conspicuous signs therefor. Planning departments shall redefine the nature of the use of the land of the abandoned highways in accordance with the requirements of land use plans. Chapter III Maintenance and Management Article 22 Municipal and county (district) highway administrative departments shall strengthen the supervision and inspection of the maintenance of highways. Municipal and county (district) highway management organizations shall be responsible for the maintenance and management of highways and their accessory facilities so as to keep them in good conditions. Article 23 This Municipality, shall implement the system of the separation of the management of the maintenance of highways and their maintenance operations. Highway maintenance operating units shall meet the qualifications set by the Municipal Highway Administrative Department. Municipal and county (district) highway management organizations shall select qualified units to undertake highway maintenance operations. Where tendering procedures are required for maintenance operations, they shall be conducted in accordance with the provisions of laws and regulations. Article 24 Units undertaking highway maintenance operations shall maintain highways and their accessory facilities in accordance with the technical specifications and operational procedures set by the state and this Municipality, as well as with the terms of the contract, so as to keep highways in good conditions at all times. Where overhauling operations are necessary for highways, they shall be subjected to completion and check and acceptance, and be provided with quality warranties in accordance with the provisions of Articles 17 and 18 of these Regulations. Article 25 Highway maintenance operating units shall conduct their maintenance operations in accordance with the following safety regulations: 1.Necessary safety and protective measures shall be taken and necessary traffic safety facilities put up, according to the technical grades of the highways; 2.Highway maintenance personnel shall wear warning uniforms; 3.When vehicles are used in maintenance operations, conspicuous operation signs shall be put up on them; 4.When maintenance operations are conducted at night, or in bad weather conditions, such as rain, snow and fog, warning lights shall be put up on the work site; 5. Highway maintenance operations shall be so scheduled as to avoid the rush hours. In their operations, highway maintenance operational vehicles shall be exempt from the restrictions of highway markers and markings as to their routes and directions, provided they do not interfere with the passing vehicle traffic, with the exception of vehicles conducting maintenance operations on expressways. The cleaning and greening maintenance operations on expressways shall be conducted mainly by machinery. When it is necessary to conduct such operations by man, the maintenance operating units shall take effective safety protection measures. If highway maintenance operations interfere with the passage of vehicles and pedestrians, or endanger the safety of their passage, the maintenance operating units shall abide by the provisions of Article 20 of these Regulations. Article 26 Municipal or county (district) highway management organizations and township (town) people's governments shall conduct regular inspections on those highway bridges under their jurisdiction in accordance with the technical norms for highway maintenance. If necessary, they shall entrust duly qualified agencies to conduct the checking and testing. If the load of a highway bridge is found through checking and testing to fall short of the original standards, the municipal or county (district) highway management organizations and township (town) people's governments shall lose no time in taking effective measures, such as repairs and reinforcing. During the period of repair or reinforcing, conspicuous signs of weight limits shall be put up. If a highway bridge is found through checking and testing to have been severely damaged, thus endangering the safety of traffic, municipal or county (district) highway management organizations and township (town) people's governments shall first put up NO THOROUGHFARE signs, and lose no time in taking repair measures. At the same time, they shall report to municipal or county (district) highway administrative departments and to public security traffic administrative departments. Article 27 Unauthorized felling or relocation of trees within the limits of highways and highway land shall not be permitted. Where there is a proven need to fell trees for the sake of replanting, examination and approval procedures shall be performed and replanting carried out in accordance with the provisions of relevant laws and statutes, subject to the approval of the Municipal Highway Administrative Department. Chapter IV Road Affairs Administration Article 28 Highway construction control zones shall be delineated on both sides of highways in accordance with state regulations. The extent of highway construction control zones shall be proposed by the Municipal Highway Administrative Department in consultation with the municipal planning departments in accordance with state regulations and reported to the Municipal People's Government for approval before their final delineation. After the delineation of the extent of highway construction control zones, municipal or county (district) highway management organizations shall put up conspicuous sign posts and boundary posts. The construction of buildings or surface structures within the construction control zones on either side of highways shall be prohibited, unless it is because of highway protection and maintenance needs. If it is necessary to lay pipes, cables or power lines within the construction control zones, prior approval of municipal or county (district) administrative departments shall be secured. The existing buildings and structures within the highway construction zones may not be extended. If it is necessary to demolish them because of highway construction and management needs, due compensations shall be made therefor in accordance with regulations. Article 29 The following acts shall be prohibited within the area of highways and highway land: 1.Using highway bridges for attaching cables, towing, tugging and hoisting operations, or setting up high tension power transmission lines that exceed prescribed standards and easily combustible or explosible pipelines; 2.Docking ships under highway bridges, dumping and storing easily combustible or explosible goods and materials, using open fire in operations without permission, erecting or constructing permanent facilities or erecting temporary facilities without permission inside bridge openings; 3.Conducting excavation or explosion operations; 4.Putting up obstacles or digging ditches or canals; 5.Setting up stores and stands, dumping and storing goods, threshing and sunning grains, planting crops and grazing or raising livestock; 6. Dumping solid waste residues, garbage and burning up waste materials; 7.Blocking drains of highways and filling in or burying side ditches ; 8.Dripping, dropping, leaking and littering goods by motorized vehicles or throwing objects from vehicles by personnel riding on them; 9.Using highways as grounds for checking and testing the performance of the brakes of motorized vehicles; 10.Damaging, tampering with, or moving highway accessory facilities without permission; 11.Damaging or polluting highways and other acts that impede the passage of vehicles on highways. Article 30 Unauthorized occupation or digging of highways or highway land by any unit or individual shall not be permitted. Where there is a proven need to temporarily occupy or dig highways or highway land in infrastructure or other important construction projects, applications shall be submitted to municipal or county (district) highway management organizations, and temporary occupation or digging may be undertaken only after approval is secured. Where traffic safety is affected, the approval of public security traffic administrative departments shall also be secured. Units or individuals digging highways or highway land shall undertake to have them repaired or restored according to their original standards or bear related expenses. Article 31 No digging shall be permitted on newly constructed, extended or renovated highways within 5 years from their date of completion and 3 years for overhauled highways. Where digging is necessary because of special circumstances, applications shall be submitted to municipal or county (district) management organizations and, after examination and verification by these organizations, forwarded to municipal or county (district) highway administrative departments for approval. At the same time, payments amounting to one to five times the cost of restoring the dug roads shall be made, as required, to the municipal or county (district) highway management organizations to cover the related expenses. Where traffic safety is affected, they shall also be approved by public security traffic administrative departments. If troubles that occur with underground pipelines or cable network make it necessary to dig highways and highway land for the purpose of emergency repairs, the repair unit may dig the road first , but shall immediately notify the municipal or county (district) highway management organizations and public security traffic administrative departments and perform the necessary make-up formalities for emergency road digging operations within 24 hours. Article 32 The construction of bridges and the installation or laying of pipelines or cable network over or through highways, and the installation or laying of pipelines, cable network or power transmission lines within the limits of highway land shall have the prior approval of municipal or county (district) highway management organizations. Where traffic safety is affected, they shall have the approval of the public security traffic administrative departments as well. Pipeline and cable network units shall lose no time in dismantling or relocating the pipelines and cable network referred to in the previous Paragraph if the rebuilding or expansion of highways make such dismantlement or relocation necessary. Article 33 The opening of additional level crossings on highways shall be subject to the approval of municipal highway management organizations or county (district) highway administrative departments and that of public security traffic administrative department. Article 34 The approved installation or laying of pipelines or cable network or the opening of road crossings on highways or within the limits of highway land shall meet the requirements of highway engineering and technical standards. If highways or highway accessory facilities are damaged, due compensations shall be made therefor. Article 35 The erection of sign boards, advertisement boards or other non-highway signs on highways or within the limits of highway land is subject to the approval of municipal highway management organizations or county (district) highway administrative departments and necessary examination and approval procedures shall be performed in accordance with relevant regulations thereupon. The use of highway traffic safety facilities, traffic signs and pavement trees for advertisement purposes shall not be permitted. Where the rebuilding or expansion of highways makes it necessary to dismantle advertisement signs, rendering it impossible to continue the performance of the contracts on the erection of advertisement boards, due compensations may be made to the erection units therefor. Article 36 If it is necessary for vehicles or vehicle-carried cargoes that exceed the weight limits or restrictive passage conditions of highways to pass through, they shall first apply for approval of municipal or county (district) highway management organizations and that of public security traffic administrative departments and take reinforcing measures on the highways as required or bear related expenses. Article 37 The setting up or relocation of stations and stops for public transport vehicles or other passenger transport vehicles with fixed routes is subject to the prior approval of municipal or county (district) highway management organizations and public security traffic administrative departments. If the location of such stations and stops affects the operational functions of highways or highway accessory facilities, the units that set them up shall be responsible for restoring them to their original state or bear related expenses. Article 38 When dealing with applications in accordance with these Regulations, the municipal or county (district) highway administrative departments and highway management organizations shall hand down their written examination and approval decisions within 15 days of their acceptance. Article 39 The removal of vehicles that develop troubles or cause accidents and other obstacles, such as litters, from expressways shall be the responsibility of municipal highway management organizations. Vehicles clearing obstacles shall be installed with sign lights and painted with conspicuous signs. When engaged in clearing operations, they shall turn on their sign lights and flash warning lights. Towing of vehicles that develop troubles or cause accidents on expressways by vehicles other than those specialized in obstacle-clearing operations is prohibited. Article 40 If it is necessary to close roads or bridges to traffic because of construction work or maintenance operations, municipal or county (district) highway administrative departments and public security traffic administrative departments shall jointly issue through new media announcements on the closure of these roads or bridges three days before they are officially closed. If traffic safety on expressways is endangered because of disastrous weather conditions or accidents, the municipal highway management organizations may first impose speed limits on sections or the whole length of the highways or have them closed for a specified period of time before promptly informing public security traffic administrative departments thereof. Chapter V Management of Toll Highways Article 41 This Municipality shall establish toll highways in accordance with the principles of overall planning, rational distribution and strict control, as well as the provisions of relevant laws and administrative statutes. The establishment of toll highways is subject to the approval of the Municipal People's Government. Article 42 Proposals on toll rates for the passage of vehicles on toll highways shall be put forward by highway toll units and, after examination and verification by the Municipal Highway Administrative Department, submitted to the municipal financial and pricing departments for examination and approval. Article 43 The establishment of toll stations on toll highways shall be examined and verified by the Municipal Highway Administrative Department before being submitted to the Municipal People's Government for approval. In case of those toll highways whose tolling period has expired, the municipal highway management departments shall see that the toll units lose no time in dismantling their toll stations and facilities. Article 44 Motorized vehicles passing through toll highways shall pay tolls for their passage. The collection of tolls from military vehicles shall be subject to relevant state regulations. Article 45 The maintenance of toll highways invested and operated by domestic or foreign economic entities and those that are operated on granted tollage shall be the responsibility of the enterprises operating the said highways. All highway-operating enterprises shall maintain their highways in accordance with the technical standards and operational procedures laid down by the State and this Municipality or entrust qualified highway maintenance operation units to undertake maintenance. Article 46 The road administration of toll highways invested and operated by domestic or foreign economic entities and those that are operated on granted tollages shall be the responsibility of municipal highway management organizations. Temporary occupation or digging of toll highways, carrying out pipeline and cable network operations or opening access connections thereto is subject to the prior consent of highway operating enterprises, in addition to the approval of municipal highway management organizations. If damage is done to the highway operating enterprises, due compensations shall be made therefor. Article 47 The tolling duration of toll highways shall be approved by the Municipal People's Government, but may not exceed the limit on the number of years set by the State. Toll highways invested and operated by domestic or foreign economic entities shall be recovered without compensation by the Municipal People's Government upon the expiration of their term of operation. Chapter VI Legal Liability Article 48 If , in violation of the provisions of Paragraphs 2 and 3, Article 23 of these Regulations, municipal or county (district) highway management organizations select unqualified units to undertake highway maintenance operations or if unqualified maintenance operation units undertake highway maintenance operations, they shall be ordered to stop their operations and may be fined from 2000 to 20,000 yuan inclusive by the Municipal Highway Administrative Department. Article 49 If anyone, in violation of the provision of Paragraph 1, Article 24 of these Regulations, fail to conduct maintenance operations in accordance with prescribed technical standards shall be ordered to stop their operations and may be fined from 2,000 to 20,000 yuan inclusive by the municipal or county (district) highway administrative departments. Article 50 If anyone, in violation of the provision of Paragraph 4, Article 28 of these Regulations, construct buildings or surface structures or conduct unauthorized pipeline or cable works in the highway construction control zones shall be ordered to dismantle them within a specified time limit and may be subjected to a fine of 50,000 yuan at the maximum by the municipal or county (district) highway administrative departments. If they refuse to dismantle them within the time limit, the municipal or county (district) highway administrative departments may have them dismantled by force and the expenses thereof shall be borne by the party at fault. Article 51 Anyone who violate the provisions on prohibited acts of Items 1, 2, 3, 10and 11 of Article 29 of these Regulations shall be ordered by the municipal or county (district) highway management organizations to stop such violations and may be fined 1,000 yuan at the maximum or from 1,000 to 30,000 yuan, inclusive in case of serious violations. Anyone who violate the provisions on prohibited acts of Items 4, 5, 6, 7, 8 and 9 of Article 29 of these Regulations shall be ordered by the municipal or county (district) highway management organizations to make corrections within a specified time limit and may be fined 1,000 yuan at the maximum or from 1,000 to 5,000 yuan inclusive, in case of serious violations. In case of refusal to make corrections within the time limit, the municipal or county (district) highway management organizations may clear them on their behalf and the expenses thereof shall be borne by the party at fault. Article 52 Anyone who, in violation of the provisions of Paragraphs 1, Article 30, Paragraph 2, Article 31, Paragraph 1, Article 32, Article 36 and Paragraph 2, Article 39, commits one of the following acts shall be ordered by the municipal or county (district) highway management organizations to stop his/her violations and may be cumulatively fined 1,000 yuan at the maximum. If serious consequences have resulted therefrom, he/she shall be fined 1,000 to 30,000 yuan inclusive: 1.Unauthorized occupation or digging of highways or land used by highway; 2.Unauthorized installation or laying of pipelines or cables within the area of highways or land used by highway; 3.Driving over-weight vehicles through highway bridges without authorization; 4.Towing vehicles that develop troubles or cause accidents from expressways by vehicles other than those specialized in obstacle clearing operations; Anyone who, in violation of the provision of Paragraph 1, Article 31, conducts unauthorized digging operations on newly constructed, extended or rebuilt highways within 5 years after their completion, or on overhauled highways within 3 years after their completion shall be ordered by the municipal or county (district) highway administrative departments to stop his/her violations and may be cumulatively fined 3,000 to 30,000 yuan inclusive. Article 53 Anyone who, in violation of the provision of Article 33, opens additional level crossings on highways without authorization shall be ordered by the municipal highway management organizations or county (district) highway administrative departments to restore them to their original state, and may be cumulatively fined 5,000 to 50,000 yuan inclusive. Article 54 Anyone who, in violation of the provision of Paragraph 1, Article 35, use highway traffic safety facilities, traffic signs, or shade trees for advertisement purposes or set up sign boards, advertisement boards, and other non-highway signs without permission within the limits of highways or highway land shall be ordered by the municipal highway management organizations or county (district) highway administrative departments to dismantle them within a specified time limit and may be cumulatively punished with a fine of 20,000 yuan at the maximum. In case of refusal to dismantle them within the time limit, the municipal highway management organizations or county (district) highway administrative departments shall have them dismantled by force, and the expenses thereof shall be borne by those who set them up. Article 55 The Municipal Highway Administrative Department shall order those who, in violation of the provisions of Paragraph 2, Article 41, and Paragraph 1, Article 43 of these Regulations and set up toll highways or toll stations without approval, to stop their violations, confiscate their illegal gains, and impose on them a fine of less than 3 times their illegal gains, or a fine of 20,000 yuan at the maximum in the absence of any illegal gains. Article 56 Anyone who, in violation of the provision of Paragraph 1, Article 44, fails to pay tolls as required shall make default payments ten times the toll for the whole length of the highway. Article 57 Working personnel of the municipal or county (district) highway administrative departments and highway management organizations who neglect their duties, abuse their power, or engage in fraudulent practices to pursue personal ends shall be subjected to administrative penalties by their respective units or administrative departments at higher levels. Those whose wrongful acts constitute crimes shall be prosecuted for their criminal liability. Article 58 If a vehicle has caused major damages to a highway, those who are liable for them shall stop the vehicle at once, keep in fact the scene of the accident and report to the municipal or county (district) highway management organizations for investigation, and shall not leave the scene until after the case has been dealt with. If improper maintenance of highways causes damages to passing vehicles or pedestrians, the highway maintenance units shall be liable for appropriate compensation. Article 59 If municipal or county (district) highway management organizations fail to perform their duties prescribed by these Regulations and make approvals in violation of law, or make other wrong decisions, the municipal or county (district) highway administrative departments shall have the right to order them to make corrections, or set the approvals and decisions aside. If the party concerned has suffered direct economic losses, the municipal or county (district) highway management organizations that make the approvals in violation of laws, or make other wrong decisions shall make compensations in accordance with law. Article 60 Parties that refuse to accept administrative acts of administrative departments or highway management organizations may apply for an administrative review or file an administrative action in accordance with the Law of the People's Republic of China on Administrative Review or the Administrative Litigation Law of the People's Republic of China. If the parties concerned fail to apply for an administrative review of a specific administrative act, or file an action, nor perform the administrative act, within a specified time limit, the department that makes that specific administrative act may apply for enforcement by the people's court. Chapter VII Supplementary Provisions Article 61 These Regulations shall become effective on May 1, 2000. |
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/cn/legis/sh/laws/rosmotaoh668