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People's Republic Of China Highway Regulations

Original Language Title: 中华人民共和国公路管理条例

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  People's Republic of China promulgated by Decree No. 543, announced the State Council on changes of People's Republic of China decided to highway regulations, as of January 1, 2009. Premier Wen Jiabao, the State Council on December 27, 2008 on the revision of the People's Republic of China highway regulations decision of the State Council decided on the People's Republic of China Highway Management Ordinance to amend as follows: first, the Nineth article is changed to: "highway construction funds can take the following way: national and local investment, private investment, joint ventures, fund raising, loan and vehicle acquisition tax. "Second, the 33rd to 31st, deletion of the article about the institution of" road levies inspection station cards "rules, and modify this article to:" approved by the people's Governments of provinces, autonomous regions and municipalities, departments in charge of highways, in addition to road, bridge, ferry and tunnel set up charge a toll station.

"Third, the deletion of article 18th, 19th and 35th.

In addition, other provisions in the order adjusted accordingly.

This decision shall enter into force on January 1, 2009.



People's Republic of China highway regulations revised in accordance with this decision, republished.

People's Republic of China Road regulations (October 13, 1987 issued by the State Council on December 27, 2008, the State Council on changes of People's Republic of China Road decision on amendments to regulations) Chapter I General provisions article to strengthen the construction and management of highways, road to play in the national economy, national defense and the role of people's lives, and meet the needs of socialist modernization, and regulations are formulated.

Article II of this Ordinance shall apply to People's Republic of China territory of national trunk highways (hereinafter referred to as national highway), the provinces, autonomous regions and municipalities directly under the trunk road (hereinafter referred to as provincial road), County Road (hereinafter referred to as County Road) and Township Road (hereinafter referred to as Township Road).

Provisions concerning special roads of this Ordinance, apply to apecial roads.

Article People's Republic of China Director of traffic, the national highway. Forth road management work under unified leadership and management principles.

National Highway, provincial road from provinces, autonomous regions and municipalities, road authorities are responsible for the construction, maintenance and management.

State road across provinces, autonomous regions and municipalities directly under the highway, approved by the Ministry responsible for the construction, maintenance and management.

County by County (City) departments in charge of highways is responsible for the construction, maintenance and management.

Township Road by the township (town) people's Government is responsible for the construction, maintenance and management.

Special roads be built, maintained and managed by the special unit.

Fifth Road, highway and road facilities protected by national law, any entity or individual may seize and destroy.

Chapter Sixth roads development of highway construction plan should be based on national economy, national defense construction, and based on the needs of people's livelihood, and with rail, sea, air and pipeline development planning coordination, cooperate with urban development planning.

Seventh national development plan prepared by the Ministry and submitted to the State Council for examination and approval.

Provincial road development plan prepared by the highway departments of provinces, autonomous regions and municipalities, approval of the provinces, autonomous regions and municipalities, and reported to the Ministry of communications filing.

County Road development plan by the prefecture-level city (or equivalent institutions of the prefecture-level city) departments in charge of highways, and submitted to the provincial, autonomous regional and municipal people's Government or its Agency for approval.

Township road development plan prepared by the County Highway Department, reported to the County for approval.

Private road-building plan, prepared by the Special Unit and submitted to the competent authorities for approval and reported to the local departments in charge of highways. Eighth State encourages special roads for public transport.

Private roads are mainly used for Community transport, approved by the highway departments of provinces, autonomous regions and municipalities, can be converted to provincial or county roads.

Nineth highway construction funds can take the form of raising: national and local investment, private investment, joint ventures, fund raising, loan and vehicle acquisition tax.

Highway construction can also be taken by civilian workers, non-government subsidized and food-for-work approach.

Tenth Highway Department to use funds, loans to build highways, arterial roads, secondary roads and major roads and bridges, tunnels and ferry terminal, can contribute to the toll of the passing vehicles, for the reimbursement of funds and loans.

Toll collection measures shall be formulated by the Ministry in collaboration with the Treasury and the commodity prices.

11th highway construction land, in accordance with the People's Republic of China land management provisions of the Act.

12th according to road development plan, identify new roads or widening the existing highway land, construction of other road facilities required by the local people's Government into its overall land use planning.

13th built Highway affect railway, pipeline, water conservancy, electricity, post and telecommunication facilities during normal use, the construction unit shall agree on the prior consent of the relevant authorities. 14th road authorities are responsible for the quality of highway construction supervision and inspection.

Not according to relevant regulations of the State acceptance of the road may not be delivered.

15th building roads, which should include building roads for the protection, conservation, environmental protection and other facilities.

After the road was built, should be required to set up various traffic signs.

Chapter road maintenance 16th highway departments should strengthen highway maintenance work to keep roads in good condition, smooth, smooth, enhance durability and resilience. Highway maintenance should be set for the term. During construction, measures should be taken to ensure vehicle traffic.

Temporary closed, should be announced in advance by the public security traffic management organs.

17th road maintenance is performed professional maintenance combined with civilian workers to the conservation system.

Civilian workers, car not exceeding State standards.

18th road traffic during serious disasters were disrupted, the local people's Governments above the county level shall immediately mobilizes and organizes the nearby garrison, authorities, associations, schools, enterprises, institutions, urban and rural residents assist the departments in charge of highways repair.

19th due to road construction, maintenance, and ground take Earth or rocks, mountains, rivers, beaches, shall obtain the consent of the County (City) people's Government.

At the location in soil near the quarry shall not affect buildings, electricity, communications and water conservancy facilities, and farmland soil and water conservation.

In counties (cities) people's Government approved the highway yard soil quarry, no unit or individual shall not excuse stand or ask for payment.

20th road greening efforts, overall planning and implementation by the highway authority.

Highway planting must be carried out in accordance with the technical standards of highway.

Roadside forests shall not be felled, cut needs to be updated, must be approved by the highway departments.

The fourth chapter 21st motorway management departments in charge of Highways Management and conservation of roads, road and highway facilities, shall have the right to check, curb, dealing with embezzlement, destruction of roads, road and highway facilities. Prohibited by article 22nd in highway and road construction of facilities on the ground and the planting of crops.

Prohibition of arbitrary use of roadside ditches for irrigation, or emissions.

Article 23rd road mountain, cutting timber and construction should not endanger the safe road and highway facilities. 24th shall on a major highway bridges and roads crossing the upper and lower reaches 200 meters within the excavation of gravel, construction of dams, dumping trash, compress or widen the river beds, conducting blasting operations.

Not in highway tunnel above the entrances and within 100 metres of arbitrary removal of Earth, stone, wood.

25th use a highway ferry personnel and their vehicles must comply with the ferry's management regulations. Article 26th without approval of the departments in charge of highways, tracked vehicles and iron-wheeled vehicles shall not be driving on paved roads road over bridge limit load standards of vehicles, objects may not cross the bridge.

In exceptional circumstances, must pass Highway, bridge, effective technical protection measures should be taken. 27th the construction of railways, airports, power stations, reservoirs, canals, laying a pipeline or other construction projects, the need to dig the roads, mining, occupy or use the roads and highway facilities, construction unit must first obtain the consent of departments in charge of highways, affecting traffic, subject to the approval of the public security traffic management authorities agree.

After the project is completed, the construction unit shall, in accordance with the technical standards, or consultation in accordance with planning standards for repair or rebuilding roads.

28th building across the highway bridges, aqueducts, erection of pipelines, should take into account the perspective development of the highway, in line with technical standards of highway, and the prior agreement of the local highway departments and public security traffic management authorities agree.

29th in highway construction of permanent facilities on both sides, the spacing between the outer edge of the edge of a building and roadside ditches are: national road less than 20 meters, DART for not less than 15 m, county road less than 10 meters, Township road less than 5 meters.

Article 30th crossroads on the road, must be approved by the highway departments and public security traffic management authority.

Design and construction of crossroads must comply with the national standards.

31st article approved by the people's Governments of provinces, autonomous regions and municipalities, departments in charge of highways, in addition to road, bridge, ferry and tunnel set up charge a toll station.

32nd fifth chapter legal liability for violations of the provisions of this Ordinance units and individuals, departments in charge of highways, respectively, ordered to surrender, restitution and compensation, confiscation and fines.

33rd party refuses to accept the penalty given to departments in charge of highways, can up-grade Highway Department complaint; is dissatisfied with a decision of the superior departments in charge of highways, May 15th days after receiving the written decision to the courts; expiration suit does not comply, the Highway Department may request the people's Court for compulsory execution.

Article 34th Highway administrative personnel who violate these regulations, the highway authority take disciplinary or financial penalties.

35th in violation of this Ordinance shall be subject to administrative penalties for public security, dealt with by the public security organs constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
Sixth chapter supplementary articles article 36th of this regulation the following terms mean:

"Highway" means determined by the highway departments and acceptance of city, urban and rural, country vehicle on public roads.

Highways include Highway subgrade and pavement, bridges, culverts and tunnels. "Highway" is a road side ditch (or Swales) and ditches (or Swales) of not less than 1 m away from the land.

Road to the specific scope of the people's Governments above the county level shall determine.

"Roads" refers to the highway drainage and protective structures, intersection, boundary markers, log piles, security facilities, communications facilities, inspecting and monitoring facilities, maintenance facilities, services, facilities, ferry terminal, flowers and trees, private housing and so on.

37th article of the Ordinance shall be interpreted by the Ministry, the Ministry according to the implementing rules for the enactment of this Ordinance.

38th article of the regulations come into force on January 1, 1988.