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Laws of the Shanghai Province |
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Regulations of Shanghai Municipality on the Underground Railway Administration
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| ( Adopted at the 40th Session of the Standing Committee of the 10th Shanghai Municipal People' s Congress on December 12, 1997)
Chapter I General Principles Article 1 With a view to strengthening the underground railway administration, ensuring the smooth construction and safe operation of underground railway, and protecting the legitimate rights and interests of passengers, the present Regulations are formulated in accordance with the stipulations of relevant laws and regulations and in the light of the actual situation of this Municipality. Article 2 The term " underground railway" ( hereinafter referred to as the "metro" ) as mentioned in the present Regulations refers to the urban tracked underground public passenger transportation system, including the stretches on the ground and the overhead railways connected with it. The term "metro facility" as used in the present Regulations refers to the metro tunnels, overheads , tracks, stations (including the entrances , exits, and underground passages), vehicles, mechanical and electrical equipment and other auxiliary installations as well as the relevant facilities installed to ensure the metro operation. Article 3 The present Regulations are applicable to the metro' s planning, construction, operation and relevant metro managemental activities within the administrative areas of this municipality. Article 4 The Shanghai Municipal Public Works Administration ( hereinafter referred to as the SMPWA) is the responsible department of this Municipality for the metro construction and operation, and takes charge of implementing the present Regulations; the Shanghai Metro Corporation (head office)(hereinafter referred to as SMC) is an enterprise organ having the function of administrating public affairs, which is responsible for the specific management on the metro construction and operation within its own jurisdiction and it may enforce administrative punishments in accordance with the power authorized in the present Regulations. The relevant administrative departments of this municipality and the People' s Government of any of the districts or counties along the metro shall coordinate in implementing the present Regulations in compliance with their own responsibility. Article 5 The metro construction and operation of this municipality shall be conducted in the light of the principles of uniform planning, systematic construction, centralized management, unified dispatches, safety first and standardized service. Chapter II Planning and Construction Administration Article 6 The professional metro planning shall be worked out by the SMPWA in the light of the municipal national economy and social developing program , and shall be brought into line with the overall planning of this municipality after being comprehensively equilibrated by the Municipal Planning Administrative Department. Article 7 The SMPWA shall work out the metro construction scheme on the basis of the professional metro planning and shall organize its implementation after the scheme is reported and ratified through the State-stipulated procedures. Article 8 The Municipal Planning Administrative Department shall define the scopes of the areas controlled by the metro planning. The planning administrative department of this Municipality as well as those of the district and the county, when examing and approving any project of building construction , transformation, or extension within an area controlled by the metro planning, shall solicit the opinions of the SMPWA. Article 9 The land designated in the city' s planning for metro construction shall not be used for any other purpose unless the planning is adjusted through statutory procedures. The use of the underground space by the metro construction shall not be restricted by the right of use of land over the underground space used. The metro construction unit shall take adequate measures to reduce the effects on the overground buildings and structures. Article 10 When planning the metro stations, the Municipal Planning Administrative Department shall include a reservation of land for the facilities such as parking lot and public toilets according to the passenger flow, passengers' need of transference as well as the land conditions. The land to be used for the facilities such as the parking lot and the public toilet shall not be diverted to any other purpose. Article 11 The funds for the metro construction shall be raised through various channels in different ways. Enterprises both domestic and foreign as well as other organizations are encouraged to invest in the construction and operation of the metro, and the investor' s legitimate rights and interests shall be protected by law. Article 12 The procedures for demolition and relocation of houses on account of the metro construction and the ways of resettling and compensating thereafter shall be conducted according to the relevant regulations of the State and this Municipality on demolition and relocation of houses involved in the project of municipal public works. Article 13 The reconnaissance, designing and execution of the metro engineering construction project shall comply with the technical criteria stipulated by the State and this Municipality, and conform with the technical regulations on protecting the surrounding buildings, structures and other related facilities. The reconnaissance, design and execution of the metro engineering construction project shall be undertaken by the unit with qualifications of the corresponding level. No unit is permitted to assume any task of reconnaissance, design and execution of a metro engineering construction project without license or beyond the scope specified by its certificate of qualification. Article 14 The trial operation after the completion of the metro project shall not be proceeded until it possesses the basic operating conditions and obtains the ratification from the Municipal People' s Government. The completed metro project shall be examined and accepted in compliance with the relevant regulations of the State, and shall be handed over for operation only after it has been accepted as qualified. Article 15 Within the area of land designated by the city' s planning for the metro construction, the SMC has the priority of dealing in the business activities such as real estate, commerce and advertising. Article 16 The Municipal People' s Government shall provide relevant preferences in the policies concerning the metro construction and operation. Chapter III Operation Management Article 17 The SMC shall ensure the normal operation of the metro so as to transport passengers safely and promptly. The related departments, such as of power, telecommunication and water shall assist the SMC in ensuring the normal operation of the metro. Article 18 The SMC shall provide reliable operating facilities and keep the ticket selling and checking equipment, escalators and vehicles in good condition, the stations and compartments clean, the entrances, exits and passages unimpeded, and the signs conspicuous. Article 19 The staff members of the metro shall wear uniform and identification mark on, receive and treat passengers with politeness in a standard serving language, as well as broadcast clearly, accurately and timely. Article 20 To fix the prices of metro tickets, the SMPWA shall make the proposal, which shall be verified by the municipal price control department, and then be submitted to the Municipal People' s Government for approval. Article 21 The SMC shall formulate the Rules for the Metro Passenger, which shall be implemented after being reported to and approved by the SMPWA. The passenger shall abide by the Rules for the Metro Passenger when entering the station and taking the metro. Article 22 The passenger shall get on board with a valid ticket. As to the passenger who gets on board with no ticket or with an invalid ticket, the SMC shall urge him to make up the ticket based on the total price of a one-way ticket with an additional sum 20 times as much as the ticket price. Article 23 Passengers are forbidden to perform the following actions within the area of the metro facilities: 1. Intercepting the train; 2. Entering the tracks or the tunnels; 3. Climbing or striding over the walls , fences, railings or revolving doors; 4. Forcing their way into or out of the train; 5. Smoking, spitting and relieving the bowls randomly, or littering with the remains of chewing gum , fruit skins or paper scraps; 6. unwarranted scribbling, smearing, carving or posting; 7. Setting up selling stands and conducting sales promotion without authorization; 8. Begging, street-performing, or lying on the ground, or 9. Other behaviors that violate the stipulations of laws or the regulations. Article 24 The passenger is forbidden to carry any dangerous article on board that is inflammable, explosive, or poisonous. The staff members of the metro are empowered to check the articles carried by the passenger for the sake of security and shall instruct those passengers carrying the inflammable, explosive or poisonous objects that threaten the public security to get out of the station; those who refuse to retire from the station shall be transferred to the Public Security Department to be punished according to law. Article 25 If any breakdown occurs in the process of the metro operation which affects further traveling, the SMC shall organize man power to fix the breakdown in time and resume the operation; in case the operation can not be restarted temporarily, the SMC shall organize the passengers to disperse and handle properly the refunding of ticket; passengers are forbidden to open the compartment doors and windows at will and force their way out. Article 26 The SMC shall, in accordance with the relevant provisions on fire protection administration and emergency rescue, install instruments and equipment for fire extinguishing, flood preventing, protecting, alarming and rescuing in the metro facilities. If a fire or any other emergency occurs, the metro personnel shall report to the police immediately and at the same time shall take emergency measures to extinguish the fire or remove the danger, or take any other measures as the circumstances require. Article 27 The Public Security Department is responsible for administrating and protecting the public order in the metro. Chapter IV Administration of Facilities Article 28 The SMC shall strengthen the maintenance on the facilities, conduct regular inspection, timely repairing and renewing so as to ensure that the metro facilities are always kept in a good condition and in a state of safe operation. The SMC shall install indispensable facilities in the metro station, such as public telephones and dustbins. The advertising board set in the compartment or in the station shall be legal, standardized, tidy and civil. Article 29 Safety and protective zones shall be set up in the metro, the scope of these zones shall be: 1. Outside areas within 50 meters away from the external line of the underground stations and the tunnel structures; 2. Outside areas within 30 meters away from the external line of the overground stations, the elevated stations and the railway tracks; and 3. Outside areas within 10 meters away from the external line of the buildings or structures, such as entrances and exits, ventilation kiosk and power substations. Article 30 Any unit or individual person that intends to conduct the following operations within the safety and protective zones shall only start the operation after the scheme is approved by the SMC: 1. Constructing or demolishing buildings or structures; 2. Carrying out construction work such as piling, excavating, underground tunnel boring, exploding, erecting, water-descending and substructure consolidating; or 3. Other activities such as increasing or decreasing loads on a large area. Article 31 No buildings, structures or trees that might obstruct the driver' s view shall be constructed or planted inside of the curving parts of the overground railway. Article 32 No unit or individual person shall park vehicles or pile up jumbles at the entrance or the exit of the metro station or within the area of passages. Article 33 The following acts devastating to the metro facilities are prohibited: 1. Utilizing the emergency or safety devices on non- emergency occasions; 2. Damaging vehicles, tunnels, tracks, roadbed or facilities in the station; 3. Damaging or disturbing the mechanic or electric equipment, the aerial cables, and the telecommunication and signal system; or 4. Other acts of damaging the metro facilities. Chapter V Handling of Casualty Accident Article 34 A casualty accident that occurs during the metro operation shall be handled on the principle of "rescuing the wounded and clearing the obstacles before handling the accident" , so as to resume the normal operation in time. Article 35 Where a casualty accident occurs during the metro operation, the Public Security Department shall investigate and examine site of the accident in time. The corpses of those killed in the accident shall be disposed of timely on the spot by the public security department in accordance with law. Article 36 The aftermath of the casualty accident shall settled through negotiation between by the SMC and the party involved or settled by the SMC jointly with the public security department. In case the party involved disputes on the assertion of the liabilities of the casualty accident, he may refer the matter to the Accident Appraising Committee for an appraisal on the accident liabilities. The members of the Accident Appraising Committee shall be ratified by the Shanghai Municipal People' s Government.. Article 37 Where the death or injury is caused by the defects of the metro operation administration, the SMC shall be liable for damages in accordance with law; where the accident is caused by force majeure or the fault of the injured party himself, the SMC shall not be liable for damages. Chapter VI Legal Liability Article 38 Anyone who violates the provisions of Section 2 of Article 21 of the present Regulations shall be punished by the SMC in accordance with the Rules for the Metro Passenger. Article 39 Anyone who violates the provisions of Article 30 of the present Regulations shall be instructed by the SMBMEM to make correction and shall be imposed a fine of not more than 200,000 yuan . Article 40 Anyone who violates the provisions of Items 1, 2 or 3 in Article 23 of the present Regulations shall be punished by the SMC with a fine of not more than 500 yuan . Anyone who violates the provisions of Items 4, 5, 6, 7 or 8 in Article 23 or Article 32 shall be given a disciplinary warning, or be imposed a fine of not more than 100 yuan by the SMC. Anyone who violates the provisions of Article 33 of the present Regulations shall be punished by the SMC with a fine of not more than 1000 yuan. In case a damage is brought about , the wrongdoer shall assume the civil liability for damages in accordance will law; if the wrong is serious and constitutes a crime, the wrongdoer shall be prosecuted for criminal liability. Article 41 The SMC shall notify the one who is undertaking operations in violation of Article 30 of the present Regulations to stop their work immediately. Anyone, who has gone through necessary formalities and has been permitted to conduct, in the safety and protective zones of the metro, works as stipulated in Article 30 of the present Regulations, shall however be notified by the SMC to stop the works immediately, when situations jeopardizing the safety of the metro arise in the process of the works. Anyone who violates Article 31 of the present Regulations by constructing buildings or structures which obstructs the views of the traveling train shall be instructed by the SMPWA to demolish the buildings or structures in question; anyone who has planted trees obstructing the views of the traveling train shall be instructed by the SMPWA to trim or fell the trees in question. Article 42 In case the stipulations in Article 18, 19 or 26 of the present Regulations are violated, the SMPWA shall instruct the SMC to rectify the situation within a specific period. Article 43 Anyone who has brought about damages on the metro facilities through violation of the present Regulations shall assume the corresponding civil liability for damages in addition to being given an administrative punishment; in case the wrong constitutes a crime, the wrongdoer shall be prosecuted for the criminal liability. Where a building or structure is damaged on account of the metro construction or operation, the metro construction unit or the responsible unit shall make repairs in accordance with the degree of the damage, or render appropriate economic compensation. Article 44 Any metro staff member who commits dereliction, abuses power or bends the law for private purpose shall be given an administrative disciplinary action by his or her unit or by the superior responsible department; where the wrong constitute a crime, the wrongdoer shall be prosecuted for the criminal liability. Article 45 Anyone who refuses or hinders the metro staff member performance of duties and violate the Regulations of People' s Republic of China on Public Security Administration and Imposition of Punishment shall be punished by the public security department according to law; where the wrong constitutes a crime, the wrongdoer shall be prosecuted for the criminal liability. Article 46 If the party concerned does not accept the specific administrative act made by the SMPWA or the SMC, he or she may apply for administrative reconsideration or bring an administrative action according to the regulations stipulated in the Regulations on Administrative Reconsideration or the Administrative Litigation Law of People' s Republic of China. If the party concerned neither applies for reconsideration, nor institutes an inaction at law and fails to perform the administrative decision within the time limit prescribed by law, the SMPWA or the SMC may apply to the people' s court for enforcement. Chapter VII Supplementary Provisions Article 47 The SMPWA is responsible for the interpretation of the specific applications of the present Regulations. Article 48 The present Regulations are referential to the construction, operation and management of any other urban tracked traffic system. Article 49 The present Regulations shall become effective on January 15, 1998. |
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