Turnpike Regulations

Original Language Title: 收费公路管理条例

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(August 18, 2004 its 61st Executive meeting of the State Council on September 13, 2004, People's Republic of China promulgated by Decree No. 417, published as of November 1, 2004) Chapter I General provisions article in order to strengthen the management of toll roads, regulating toll, maintenance of toll road operators and managers and users of the legitimate rights and interests, and promote the development of highways, according to the People's Republic of China Highway Act (hereinafter referred to as the highway code), this Ordinance is enacted.
    Toll road referred to in article II of this Ordinance refers to consistent with the highway code and the provisions of this Ordinance, approved according to law to charge tolls for roads (bridges and tunnels). Third people's Governments at various levels should take positive measures to support and promote the development of roads.
    Road development should adhere to non-toll roads, proper development of toll roads.
    Fourth of all comes from the Government or social organizations and individuals donated road-building, and shall not charge tolls.
    Fifth no unit or individual may violate the highway code and the provisions of this Ordinance, on the road station (card) charge tolls.
Article sixth of illegal toll booths on the highway (card) charge tolls, no unit or individual shall have the right to refuse to pay. No units or individuals to illegally set up toll booths on the highway (card), illegal charges or tolls, illicit transfer of toll road rights or illegal acts such as extension of the fee period, have the right to report to the traffic, pricing, financial and other sectors. Departments shall, in accordance with the Division of responsibilities of the receipt of reports promptly investigated and dealt with according to law; the right to investigate, and shall promptly transfer the right to investigation of the Department.
    Admissible, departments must provide their own receipt of reports or transfer within 10th of the material in the investigation.
Article toll road management, approved by the law have the right to charge tolls for access toll road vehicles.
Military vehicles and armed police vehicles on toll roads in the area of public security organs dealing with traffic accidents, perform a normal patrol and respond to emergencies, the unification flag standard police cars, as well as by the transportation departments of the State Council or provincial, autonomous region or municipality approved vehicles to perform rescue and relief tasks, exempt from tolls. Transport of combine harvesters, combine harvester for trans-regional operations (including transplanters) vehicles exempt from tolls.
    Combine harvester shall not pass on the highway.
    Eighth no unit or individual may unlawfully interfere with in any form of toll road operation and management, appropriate or diversion of toll road operators and managers legally collected tolls.
    Chapter II toll road construction and toll station of the Nineth building toll roads, shall conform to the national and the provincial, autonomous region, municipality directly under the highway development plan, consistent with the provisions of this Ordinance the technical level of toll roads and scale.
    Tenth local transportation departments of people's Governments at or above the county level shall use loans to enterprises, individuals paid funds construction of highways (hereinafter referred to as Government loan), domestic and foreign economic organizations invest in or in accordance with the provisions of the highway code to allow the Government to pay loan fees the right road (hereinafter referred to as business Highway), after approval by the law before they can collect tolls.
11th construction and management of the Government loan Highway, shall be in accordance with the principle of separation of politics and law dedicated not for profit legal entity.
The provinces, autonomous regions and municipalities within the administrative area of the transportation departments of the Government to pay loan, unified management, consolidated loans, repayments can be implemented.
Commercial highway construction projects should be announced to the public, by bidding to select investors.
    Operational route from highway construction, operation and management of enterprise established according to law. 12th toll road toll station of the setting, the people's Governments of provinces, autonomous regions and municipalities directly under the examination and approval in accordance with the following provisions: (a) expressways and other toll roads closed, apart from the outside on both sides may not be set on the main toll station.
However, provinces, autonomous regions and municipalities except as absolutely necessary to set up a charging station between.
    (B) the non-toll roads closed on the same line, spacing between adjacent toll shall be not less than 50 km. 13th expressways and other toll roads closed, should be introduced for computer network fees, reducing the toll stations, improving efficiency.
    Transportation departments of the toll and the specific measures formulated by the State Council in conjunction with the departments concerned. 14th toll road toll period, the people's Governments of provinces, autonomous regions and municipalities directly under the examination and approval in accordance with the following criteria: (a) to pay loan fees the term of the Government, in accordance with the repayment of the loan, the repayment of paid funds raised the principle of charging determined should not be longer than 15 years.
Designated by the State's Central and Western provinces, autonomous regions and municipalities directly under the terms of Government pay loan fees, should not be longer than 20 years. (B) operating highway toll period, determined according to the principle and has a reasonable return on investment recovery, and should not be longer than 25 years.
    Designated by the State's Central and Western provinces, autonomous regions and municipalities operating highway toll period, should not be longer than 30 years.
15th toll charges, should be in accordance with laws, administrative regulations, make provision for a hearing, and in accordance with the following program review and approval: (a) the Government to pay loan fees, transportation departments of people's Governments of provinces, autonomous regions and municipalities in conjunction with the competent departments after examination, the financial sector, the people's Governments at the corresponding level for examination and approval.
    (B) operating highway toll criteria by provinces, autonomous regions and municipalities after the Transportation Department in conjunction with the competent departments, reported the people's Governments at the corresponding level for examination and approval. 16th road toll charges should be based on the technical level, total investment for Highway, local price, repayment of the loan or the paid period of funds raised and payback period, and traffic calculation.
For in the National Green passage of vehicles transporting fresh agricultural products, can reduce toll charges or exemption from tolls.
Construction not related to toll road operation and management of facilities, excessive construction of toll road operation and management of facilities and services, the costs of not as factors for determining fees.
    Toll rate needs to be adjusted, this 15th of the Ordinance shall be in accordance with the procedure provided for in article.
    17th article in accordance with this Ordinance provides of program review approved of charges Highway charges station, and charges term, and vehicles passage fee charges standard or charges standard of adjustment programme, approval organ should since review approved of day up 10th within will about file to state traffic competent sector and State price competent sector record; which belongs to Government loan highway of, also should since review approved of day up 10th within to State financial sector record. Article 18th building toll roads, shall comply with the following technical level and scale: (a) continuous highway mileage of 30 kilometers.
However, except for the urban and local airport to the highway.
(B) the highway mileage of 50 km or more in a row.
(C) independent of the two-lane bridges, tunnels, length 800 m; independent of the four-lane bridge, tunnel, more than 500 metres in length. Technical grade II level (ii) roads shall not be charged.
    However, the set for the country's Central and Western provinces, autonomous regions and municipalities directly under the construction of secondary roads, and its more than 60 km of straight, approved by the law, you can collect tolls.
    Chapter III transfer of toll road rights 19th in accordance with the provisions of this Bill transfer rights of toll road should be announced to the public, adopts the way of bidding, fair, just and open selected operating Manager and transfer agreement entered into under the law.
20th interests of the toll road, including premium rights, advertising rights, right to operate services.
    Transfer of rights of toll road, it shall protect the legitimate interests of investors.
Article 21st the Government right to pay loan interest charges may apply for extension of the fee period, but extended periods of not more than 5 years.
    Transfer of undertakings in the interests of road toll right shall not extend the charging period.
    Of the 22nd under any of the following circumstances, toll road charges right rights shall not be transferred: (a) the length is less than 1000 m two-lane independent bridge and tunnel, (ii) class II, (iii) fees for more than approval of the term 2/3.
    Article 23rd Government pay loan interest income must be paid to the State Treasury, except for repayment of the loan and paid outside the funds raised must be used for highway construction.
    24th toll-road transfer of specific measures by the Transportation Department under the State Council in conjunction with the development of reform and financial sector development.
Management of the toll roads in the fourth chapter 25th toll road is completed, should be carried out in accordance with the relevant provisions of the State acceptance; acceptance before they can collect tolls.
    Construction of the toll road may not charge.
26th toll-road operators and managers shall, in accordance with the State standards and norms on toll roads and road facilities for routine inspection, maintenance, guarantee the Turnpike in good technical condition, provide quality services for vehicles and personnel.
    Toll road maintenance should be strictly in accordance with the duration of construction, completion, without any delay duration, shall not affect the safe passage of vehicles.
    27th toll-road operators and managers should be in charge of the station prominently, sets the name containing a toll station, approval authorities, charging unit, fees, pay starting and ending period and monitor phone calls and other content of the Bulletin Board, subject to public supervision.
28th toll-road operators and managers shall, in accordance with the State standards, road traffic conditions, road facilities, installation of traffic signs and lines. Traffic signs, markings should be clear, accurate and easy to identify.
    Access important information should be repeated prompts.
    29th toll-crossing sets shall meet the requirements of traffic safety toll crossing number, should meet the needs of vehicles through may not cause traffic jams. 30th toll station equipped with, should adapt to the charge number of crossings, traffic, should not be increased.

Toll road operators and managers should strengthen the operations of toll station staff training and education, charge staff be courteous, standardized service.
31st event of road damage, construction or traffic accidents, which affect road safety situation, toll road operators and managers should set safety protection devices at the scene and toll road entrance and exit speed limits, warning prompts or use variable information boards along the toll road and other facilities shall be announced, causing traffic jams, and shall promptly report to the relevant departments and to help ease traffic. In case of serious damage, bad weather conditions or a major traffic accident and serious vehicle safety and traffic situations, the public security organ shall, where appropriate, take the speed limit traffic, closed roads and traffic control measures.
    Toll road operators and managers shall cooperate with the public security organs, timely information about traffic control prompts to the vehicles. 32nd toll-road operators and managers to charge tolls, must be issued to toll road users pay bills. Government to pay loan fees Bill, centrally by the financial Department of the people's Governments of provinces, autonomous regions and municipalities of printing (monitor) system.
    Operating highway toll bills, the people's Governments of provinces, autonomous regions and municipalities directly under the tax Department of India (data).
33rd toll-road operators and managers to pay according to law and refusing to pay, escape, less tolls of vehicles, to refuse passage, and required to pay tolls payable.
No person shall refuse to pay, escape, pay tolls and deliberately blocked toll crossing, broke, beating Turnpike managers, charges for damaged facilities or engage in other activities disturbing the order of toll road operation and management.
    Disrupt the toll road operation order provided for in the preceding paragraph when toll road operators and managers shall report to public security organs in a timely manner, the public security organs shall be dealt with.
Article 34th on the Turnpike cannot overload.
    When vehicles found overloaded, Turnpike managers shall report to public security organs in a timely manner, the public security organs shall be dealt with.
35th article charges Highway business managers shall not has following behavior: (a) unauthorized improve vehicles passage fee charges standard; (ii) in vehicles passage fee charges standard zhiwai added received or generation received any other costs; (three) forced charged or to other not due means by vehicles charged a a during of vehicles passage fee; (four) not issued charges notes, issued without province, and autonomous regions, and municipalities government financial, and tax sector unified printing (prison) business of charges notes or issued has expired failure of charges notes.
    One of the acts listed in the preceding paragraph, of vehicles are entitled to refuse to pay tolls.
Article 36th Government pay loan managers collect toll revenue should pay all financial account, strict application of the two lines of income and expenditure management.
    Government loan highway tolls, except the necessary management and maintenance costs from the financial toll outside the budget expenditures approved by the Department, must be used to repay the loan and pay funds raised may not be diverted to any other use.
37th toll-road fees expires, the fee must be terminated.
Pay loan fees approved by the Government before the expiry of paid off loans, pay off the compensation funds raised, charging must be terminated.
    In accordance with the provisions of the preceding two paragraphs of this section, termination of toll road charges, the relevant provinces, autonomous regions and municipalities shall be announced to the public, clearly defined date of termination charges, subject to public supervision. Article 38th 6 months before the termination of toll road charges, provincial, autonomous regional and municipal people's Governments departments on the toll road to qualification and acceptance.
    By identification and acceptance, highway meet made charges Highway interests Shi approved of technology grade and standard of, charges Highway business managers party can according to national about provides to traffic competent sector handle Highway transfer procedures; not meet made charges Highway interests Shi approved of technology grade and standard of, charges Highway business managers should in traffic competent sector determine of term within for conservation, reached requirements Hou, party can according to provides handle Highway transfer procedures.
    39th toll road after the termination charge and toll road operators and managers should be removed from the date of termination charges 15th toll facilities.
    40th no unit or individual may by plugging a non-toll road on non-toll roads or toll, forcing traffic toll road.
    41st toll-road operators and managers should be in accordance with State departments of transportation and the transportation departments of people's Governments of provinces, autonomous regions and municipalities request, provide statistical data and information in a timely manner.
    42nd toll road maintenance, landscaping and roads within the soil and water conservation and management, in accordance with the relevant provisions of the highway code.
    43rd State transportation departments and provinces, autonomous regions and municipalities directly under the transportation departments of people's Governments shall exercise supervision over the toll roads check, urged toll road operators and managers perform highway maintenance and water and soil conservation, afforestation and land used within the scope of obligations.
    44th audit institutions shall strengthen auditing and supervision of the toll roads, to investigate the illegal activities according to law.
    Article 45th Executive law enforcement authority shall exercise supervision over the toll road checks, may not charge any fees from toll road operators and managers.
    46th of provinces, autonomous regions and municipalities within their respective administrative areas should be toll roads and toll station names, charges, fees, charging duration and other information to the public, subject to public supervision.
    47th fifth chapter legal liability for breach of the provisions of this Ordinance, without authorization, approved construction of toll roads, toll, charge period, toll charges or transfer of toll road, by the people's Governments of provinces, autonomous regions and municipalities shall be ordered to correct; responsible managers and other persons directly responsible shall be given demerit until dismissal of sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    48th article violation this Ordinance of provides, place Government or about sector and staff illegal intervention charges Highway business management, or crowding out, and misappropriated charges Highway business managers charged of vehicles passage fee of, by superior Government or about sector ordered stop illegal intervention, returned crowding out, and misappropriated of vehicles passage fee; on has responsibility of competent personnel and other directly responsibility personnel law give remember than until fired of administrative sanctions; constitute crime of, law held criminal. 49th article violation this Ordinance of provides, unauthorized in highway Shang established charges station (card) charged vehicles passage fee or should terminated charges and not terminated of, by state traffic competent sector or province, and autonomous regions, and municipalities Government traffic competent sector according to terms, ordered corrected, forced demolition charges facilities; has illegal proceeds of, confiscated illegal proceeds, and at illegal proceeds twice times above 5 times times following of fine; no illegal proceeds of, at 10,000 yuan above 50,000 yuan following of fine
    ; Responsible person in charge and the other persons belonging to the national staff, demerit until dismissal shall be given administrative sanctions.
50th article violation this Ordinance of provides, has following case one of of, by state traffic competent sector or province, and autonomous regions, and municipalities Government traffic competent sector according to terms, ordered corrected, and according to plot weight, at 50,000 yuan above 200,000 yuan following of fine: (a) charges station of set not meet standard or unauthorized change charges station location of; (ii) not according to national provides of standard and specification on charges Highway and the along facilities for daily check, and maintenance of;
(Three) not according to national about provides reasonable set traffic logo, and marking of; (four) crossing set not meet vehicles driving security requirements or crossing number not meet vehicles fast through need of; (five) met has Highway damaged, and construction or occurred traffic accident, effect vehicles normal security driving of case, not according to provides set security protection facilities or not for tips, and announcement, or met has traffic jam not timely grooming traffic of;
    (Vi) shall publish the relevant speed limit traffic or shut down the toll road information is not published in a timely manner. 51st article violation this Ordinance of provides, charges Highway business managers charges Shi not issued notes, issued without province, and autonomous regions, and municipalities government financial, and tax sector unified printing (prison) business of notes, or issued has expired failure of notes of, by financial sector or tax sector ordered corrected, and according to plot weight, at 100,000 yuan above 500,000 yuan following of fine; has responsibility of competent personnel and other directly responsibility personnel belongs to national staff of,
    Demerit until dismissal shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.
52nd in violation of the provisions of this Ordinance, Government loan managers of road tolls are not deposit the full amount of financial accounts or the transfer of Government to pay loan interest income is not paid to the State Treasury in full, shall be recovered by the financial sector, and padded; the persons in charge and other direct liable persons shall be given a demerit until dismissal of administrative sanctions. Violation this Ordinance of provides, financial sector not will Government loan highway of vehicles passage fee or transfer Government loan Highway interests of income for reimbursement loan, and reimbursement paid fund-raising paragraph, or will vehicles passage fee, and transfer Government loan Highway interests of income moved for he with of, by this level Government ordered reimbursement loan, and reimbursement paid fund-raising paragraph, or ordered returned misappropriated of vehicles passage fee and transfer Government loan Highway interests of income; on has responsibility of competent personnel and other directly responsibility personnel,
    Demerit until dismissal shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law. 53rd in violation of the provisions of this Ordinance, after termination of toll road fees, toll road operators and managers removed in time of toll facilities, the transportation departments of people's Governments of provinces, autonomous regions and municipalities shall be ordered to dismantle; fails to remove the forced demolition, removal expenses shall be borne by the original toll road operators and managers.

    54th in violation of the provisions of this Ordinance, and toll road operators and managers not transportation departments under the State Council regulations on technical specifications and procedures for maintenance of toll road, the transportation departments of people's Governments of provinces, autonomous regions and municipalities shall be ordered to correct; it refuses, be ordered to stop charging. Ordered to stop charging in the 30th after failed to perform highway maintenance duties, by provincial, autonomous regional and municipal people's Governments authority to specify other units for conservation, conservation costs borne by the original toll road operators and managers.
    Refusing to assume, by the transportation departments of people's Governments of provinces, autonomous regions and municipalities apply to a people's Court for compulsory execution.
    55th in violation of the provisions of this Ordinance, and toll road operators and managers do not perform the obligation of Highway afforestation and soil conservation, the transportation departments of people's Governments of provinces, autonomous regions and municipalities shall be ordered to correct, and the original toll road operators and managers perform green, 1 time requirements for soil and water conservation obligations to twice times the amount of a fine.
    56th State Council Department in charge of price or the local people's Governments at or above the county level Department in charge of price for price offence against this Ordinance, should be based on the price control provisions of the laws, rules and regulations will be punished.
    57th article violation this Ordinance of provides, for refused make, and escape make, and less make vehicles passage fee and deliberately jam charges crossing, and forced rushed card, and beat charges Highway management personnel, and damage charges facilities or engaged in other disrupt charges Highway business management order activities, constitute violation security management behavior of, by police organ law be punishment; constitute crime of, law held criminal; to charges Highway business managers caused loss or caused personal damage of, law bear civil compensation responsibility.   
    Article 58th in violation of the provisions of this Ordinance, fake military vehicles and armed police vehicles, police uniform marking system police and rescue vehicles to escape tolls, be dealt with by the relevant authorities. Sixth chapter supplementary articles article 59th built before the enforcement of this Act and has been running toll roads, transportation departments under the State Council in conjunction with the development and reform and regulate the financial sector in accordance with the principles set out in the Ordinance.
    Specific measures shall be formulated by the Department of transportation under the State Council.
                                                                                                        60th article of the regulations come into force on November 1, 2004.

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