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Management Regulations

Original Language Title: 路政管理规定

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(January 27, 2003 the Ministry released 2003 2nd) Chapter I General provisions article to strengthen management, improve highway management level, ensuring the integrity, security and smooth, according to the People's Republic of China Highway Act (hereinafter referred to as the Highway Act) and other related laws, administrative regulations, this provision is enacted.
    Provisions of this article apply to People's Republic of China territory of state highways and provincial roads, county roads and township roads road management.
    Management in these rules, refers to the people's Governments above the county level transportation departments or the highway authority, to protect legal rights of road managers, operators, users, under the Highway Act and the provisions of other relevant laws, rules and regulations, protecting roads, road and highway affiliated facilities (collectively the "Middle Road") administration.
    Third road management work should follow the "unified management, hierarchical accountability, administration according to law" principle.
    Fourth Ministry under the Highway Act and other relevant laws, administrative regulations for national highways management work.
    Local transportation departments of people's Governments at or above the county level in accordance with the Highway Act and other relevant laws, regulations, rules of the competent management work within their respective administrative areas.
    Local people's Governments at or above the county level Transportation Department's Highway Authority under the Highway Act regulations or according to local transportation departments of people's Governments at or above the county level shall delegate is responsible for the management work of highways. Fifth article County above place Government traffic competent sector or its set of Highway management institutions of highways management duties following: (a) publicity, and implementation Highway management of legal, and regulations and regulations; (ii) protection road produced; (three) implementation highways inspections; (four) management Highway sides building control district; (five) maintained Highway conservation job site order; (six) participation Highway Engineering completion, and completed acceptance; (seven) law investigation various violation Highways Management legal, and regulations, and regulations of case; (eight) legal, and regulations
    Other duties as prescribed.
    Sixth, in line with the relevant provisions of the highway code, road tolling or toll roads built by the domestic and foreign economic organizations to invest in management of highways, local people's Governments at or above the county level transportation departments or set of organizations and personnel responsible for road management agencies.
    Seventh no unit or individual is allowed to destroy, damage or illegally occupied the Middle Road.
    All units and individuals have the obligation to protect the Middle Road, reporting damage, damaged roads and road safety behaviour right.
    Chapter II administration of highways licensing article eighth among highway protection, maintenance, and occupying, or dig the roads, highway, highway construction control zones, as well as updates, logging roads with trees in the ground, shall, under the Highway Act and the regulations, previously reported to the Transportation Department or the highway authority to ratify, agreed.
    Nineth from the construction of railways, airports, power stations, telecommunications facilities, water conservancy projects and other construction projects needed to occupy or dig the roads or highway relocation, building a single should be stipulated in the 44th article of the Highway Act, prior to the Transportation Department or the highway Management Agency submitting an application and design.
    Application prescribed in the preceding paragraph of this article shall include the following elements: (a) the main reasons; (b) the location (road name, number and the distance from the outer edge of the road slope or road markers); (c) safeguards; (d) the construction period, and (e) repairs, road reconstruction measures or compensation.
    Tenth leap, cross roads, bridges, aqueducts or erection, laying of pipelines and other facilities and Highways within the erection, laying pipe (rod) wires, cables and other facilities shall be in accordance with the provisions of article 45th of the highway law, prior to the Transportation Department or the highway Management Agency submitting an application and design.
    Application prescribed in the preceding paragraph of this article shall include the following elements: (a) the main reasons; (b) the location (road name, number and the distance from the outer edge of the road slope or road markers); (c) safeguards; (d) the construction period, and (e) repairs, road reconstruction measures or compensation.
    11th rescue, flood control and need large highway bridge and within 200 meters of the crossing construction of dams, compress or expand the bed shall be stipulated in the 47th article of the Highway Act, prior to the submission of applications and the design of the transportation departments.
    Application prescribed in the preceding paragraph of this article shall include the following elements: (a) the main reasons; (b) the location (road name, number and the distance from the outer edge of the road slope or road markers); (c) safeguards; (d) the construction period.
    12th iron wheel vehicles, tracked vehicles and other equipment that might damage the road surface need to be driving on the highway, shall, in accordance with the provisions of article 48th of the highway law, prior to the Transportation Department or the set of road management organizations submitting an application of travel documents and vehicle or equipment.
    Application prescribed in the preceding paragraph of this article shall include the following elements: (a) the main reasons; (b) the route and time; (c) protective measures taken, (iv) the amount of compensation.
    13th over highways, highway bridge, tunnel or a car ferry limited load, height, width restriction and limit the vehicle, it required driving on the highway, under the Highways Act section 50th and published by the Ministry of over-limit transportation vehicle road regulations shall be followed.
    14th in highway within the highway logo other than the logo shall be in accordance with the provisions of article 54th of the highway law, prior to the Transportation Department or the highway Management Agency submitting an application and design.
    Application prescribed in the preceding paragraph of this article shall include the following elements: (a) the main reasons; (b) the mark; (c) the logo color, size and structure, (d) flag is set (road name, number); (v) flag sets the time and duration of stay.
    15th an additional crossing on the highway, shall, in accordance with the provisions 55th article of the highway law, prior to the Transportation Department or the set of road management agencies submitting applications and blueprints or floor plans.
    Application prescribed in the preceding paragraph of this article shall include the following elements: (a) the main reasons; (b) the location (road name, number); (c) the construction period (iv) safety and security measures.
    16th within control areas on both sides of the highway buried pipe (rod) wires, cables and other facilities, it should be stipulated in the 56th article of the Highway Act, prior to the Transportation Department or the highway Management Agency submitting an application and design.
    Application prescribed in the preceding paragraph of this article shall include the following elements: (a) the main reasons; (b) the location (road name, number and the distance from the outer edge of the road slope or road markers); (c) safeguards; (d) the construction period.
    17th felling highway land in the trees, highway 42nd paragraph of the Act shall, in accordance with the provisions, prior to the Transportation Department or the set of road authorities submitted applications.
    Application prescribed in the preceding paragraph of this article shall include the following elements: (a) the main reasons; (b) the location (road name, number); (c) the type and number of trees (iv) safety and security measures, (v) and (vi) catch-up measures. 18th article except provincial government according to Highway method eighth article second paragraph on State Road, and province road management, and supervision duties made decided outside, highways management license of permission following: (a) belongs to State Road, and province road of, by provincial government traffic competent sector or its set of Highway management institutions handle; (ii) belongs to county road of, by city (set district of city) level Government traffic competent sector or its set of Highway management institutions handle; (three) belongs to Xiang road of,
    Transportation departments of people's Governments at the county level or set of road management agencies. Highways Management licensing matters relating to departmental responsibilities, shall be subject to the Transportation Department or the road set by regulatory approval or consent, in accordance with the provisions of relevant laws and regulations and go through the relevant formalities.
    Among them, the matters provided for in this article 11th, transportation departments of people's Governments at the provincial level, in conjunction with the provincial water conservancy Administrative Department. 19th the Transportation Department or the set of road management agencies from the date of receipt of the application shall make a decision within the 15th.
    Make a decision of approval or consent, shall issue the corresponding license; does not agree with the decisions to approve or not, shall be notified in writing and state the reasons.
    Chapter III the highways case 20th the highways case by case to the jurisdiction of the County Transportation Department road management agencies or its settings.
    Article 21st dispute arises over jurisdiction, submitted to the level above the common people's Government departments of transportation or the highway authority to exercise jurisdiction.
    Lower level people's Governments in charge of Transportation Department, or sets of road management agencies within their jurisdiction over a case, considered necessary by the higher people's Government departments of transportation or the set of road management agencies, can report to the level people's Government departments of transportation or the highway authority decision. Upper level people's Government departments of transportation or the highway authority may consider necessary, you can work directly with belonging to the lower level people's Governments in charge of transportation departments or the highway authorities jurisdiction over a case.

    22nd article reported to the superior Government traffic competent sector or its set of Highway management institutions processing of case and superior Government traffic competent sector or its set of Highway management institutions decided directly processing of case, case occurred to of County Government traffic competent sector or its set of Highway management institutions should first stop violations, and do protection site, work, superior Government traffic competent sector or its set of Highway management institutions should timely determine jurisdiction right. Fourth chapter administrative punishment 23rd article has following violations one of of, in accordance with Highway method 76th article of provides, ordered stop violations, can at 30,000 yuan following of fine: (a) violation Highway method 44th article first paragraph provides, unauthorized occupied, and mining highway of; (ii) violation Highway method 45th article provides, without agreed or not according to highway engineering technology standard of requirements built across, and through highway of bridge, and aqueduct or erection, and laid pipeline, and cable, facilities of; (three) violation Highway method 47th article provides, without approved engaged in endanger Highway security job of; (four) violation Highway method 48th article provides, iron round car, and track car and other may damage road of machines unauthorized in highway Shang super limited driving of; (five) violation Highway method 50th article provides, vehicles super limited using car ferry or in highway Shang unauthorized super limited driving of; (six) violation Highway method 52nd article, and 56th article provides, damaged, and mobile, and altered Highway subsidiary facilities or damaged, and
    Moving building controlling stakes, boundary markers, which may endanger road safety.
    24th article has following violations one of of, in accordance with Highway method 77th article of provides, ordered stop violations, can at 5,000 yuan following fine: (a) violation Highway method 46th article provides, caused highway road damaged, and pollution or effect Highway smooth of; (ii) violation Highway method 51st article provides, will highway as test motor vehicle car brake performance of test site of.
    25th article violates article 53rd of the Highways Act, causing damage, not reported, in accordance with the 78th of the rules of the highway code, and fined 1000 Yuan fine.
    54th 26th under the Highway Act stipulates that highway within the highway signs other than the flag is set, in accordance with the provisions of article 79th of the highway law, ordered dismantled, will be fined a maximum of 20,000 yuan.
    27th article violates provisions 55th article of the Highway Act, unauthorized setting on the highway level crossing, in accordance with the provisions of article 80th of the highway law, and ordered to make restitution, fines of between 50,000 yuan.
    28th for breach of 56th article of the Highway Act, in highway construction to construct buildings within the control area, ground structures or laying of pipelines, cables and other facilities without authorization, in accordance with the 81st of the rules of the highway code, shall be ordered to dismantle and can be fined a maximum of 50,000 yuan.
    Article 29th of the Highway Act eighth chapter and administrative penalties stipulated in these regulations, local people's Governments at or above the county level transportation departments or the highway authority in accordance with the relevant provisions of the highway code implementation.
    Article 30th highways punishment procedures, in accordance with the traffic regulations on the procedure of administrative penalty shall be followed.
    The fifth chapter road reparation and compensation article 31st citizens, legal persons or other organizations caused road damage, road to Highway administrative departments are paying damage claims (s) compensation fee.
    Article 32nd according to the 44th article of the Highway Act, upon approval, use, mining, road or highway relocation, the construction unit shall not be lower than the road from technical standards to be repaired or rebuilt or appropriate compensation.
    33rd Road damage facts are clear, evidence is full, less the amount of compensation, and the party has not disputed can be processed on the spot.
    Road pay on the spot (s) claims should be made, served on the highway lost (s) notice of claim charged road lose (s) claims fees, charges issued voucher.
    34th article except this provides 33rd article provides can spot processing of Highway lost (fill) claims case outside, processing Highway lost (fill) claims case should according to following program for: (a) filed; (ii) survey Forensics; (three) heard party statement and defence or hearing; (four) making and served Highway lost (fill) claims notice; (five) charged Highway lost (fill) claims fee; (six) issued charges voucher; (seven) closed.
    Investigation and evidence collection should ask parties and witnesses, making the investigative records; need for on-site inspection or identification, should also make a field inspection report or appraisal report.
    35th article of the rules of the road for compensation (s) claims handler-specific matters not covered in the light of the traffic regulations on the procedure of administrative penalty handling.
    Handle the road pay (compensation) claims involving the punishment of highways, can take evidence and processed separately.
    Article 36th on the highway lost (s) a written notice of the facts as found and lost (s) compensation fee amount of doubt, may apply to the highway authority for review.
    Lost Highway administrative departments shall receive Highway (s) completed in the 15th from the claim date of the application for review review and notify the parties in writing the review results.
    The provisions of this article shall not affect the legal rights of parties to civil action to a people's Court according to law.
    37th road for compensation (compensation) claims fee should be used to repair damaged roads and shall not be appropriated for other purposes. Sixth chapter article 38th of compulsory administrative measures on the roads caused great damage, cannot be disposed of on the spot the vehicle, road management agencies should be based on the 85th of the Highways Act the provisions of the second paragraph of article, issued the notification of ordered vehicles are parked, ordered the vehicle to stop and Park in designated places.
    Investigation, treatment has been completed, should immediately release vehicles, the cost borne by the vehicle owner, or use.
    54th of the 39th in violation of the highway code provides, in the highway within the highway logo signs other than, ordered to dismantle in accordance with law and fails to dismantle the set, in accordance with the provisions of article 79th of the highway law forcibly removed.
    40th breach of 56th article of the Highway Act, in highway construction inside the zone to construct buildings, ground structures or buried pipe without authorization (rod) wires, cables and other facilities, according to law shall be ordered to dismantle, Builder, architect fails to dismantle, according to the highway code 81st article forcibly removed.
    41st implementation costs related to the forcibly removed by law, borne by the set, construction, architect. 42nd article law implementation highways forced measures, should comply with following program: (a) making and served highways forced measures warned book, told party made demolition illegal logo or facilities decided of facts, and reason and the according to, demolition illegal logo or facilities of term, not demolition illegal logo or facilities of legal consequences, and told party law enjoys of right; (ii) heard party statement and defence; (three) review party proposed of facts, and reason and according to; (four) by urged warned,
    Party fails to remove illegal signs or facilities made and sent to the highways enforcement measures written decision (v) implementation of the coercive measures of highways (vi) making highways enforcement record.
    Implementation involved forcibly removed the punishment of highways, can take evidence and processed separately.
    43rd under any of the following circumstances may apply to a court for mandatory enforcement according to law: (a) the party refusing to comply with the highway administrative punishment decision; (b) the demolition had been prevented by force according to law.
    Eighth article 44th of the Highway Act and compulsory administrative measures stipulated in these provisions, local people's Governments at or above the county level transportation departments or the highway authority in accordance with the relevant provisions of the highway code implementation.
    The seventh chapter 45th of supervision and inspection departments of transportation Highway management, road management agencies should be in accordance with the relevant laws and regulations, supervise and inspect the implementation of the regulations.
    46th transportation authorities, road management agencies should strengthen inspections of highways, seriously investigate and deal with a variety of embezzlement, damaged road, highway management and other violations of law, regulations and the provisions of the Act.
    47th highways management personnel shall be on the roads, the control areas, parking places, vehicle units when conducting supervision and inspection, and no unit or individual may obstruct.
    48th road maintenance personnel found destruction, damage or illegally occupied roads and road safety should be stopped, and timely reports to road management agencies to help managers conduct daily management of highways.
    49th road operators, users and other relevant units and individuals shall be subject to the Highways Management personnel shall implement supervision and inspection, and provide convenience.
    50th caused large damage to road vehicles must stop immediately, protect the scene and report to the highway authority.
    51st transportation departments, road management agencies should manage the personnel of law enforcement on the Highways Act to strengthen the supervision and inspection of its violation should be corrected in a timely manner and according to law.
    The eighth chapter personnel and equipment 52nd road management agencies should be equipped with the appropriate professional management staff, which is responsible for the administration of highways.
    53rd highways Manager is equipped with standard transportation departments of people's Governments at the provincial level, in conjunction with the departments concerned in accordance with the "lean and efficient" principle, according to the administrative level of the area highways, grade and level of economic development, the actual situation on the ground determined. 54th road management, hiring should have the following conditions: (I) over the age of 20 years old, but highways officers shall not be more than 45 years of age, (ii) health, (iii) graduate from college or higher education; (d) meet the requirements of the Ministry of examination certificate as job training.

    55th public road administration personnel recruitment, competition, the municipal (district city) Highway management organization implementation, approval of the provincial highways management authority.
    56th road management officer in the execution of their official duties, required uniform, wearing signs certificates.
    57th highways Manager must be dedication, dedication, familiar with the business, honest, civil service and justice.
    Article 58th Transportation Department, highway administrative departments should strengthen the management team construction of highways, improve management level of law enforcement.
    59th Highways Management negligence, malpractice, abuse of administrative sanction constitutes a crime, criminal responsibility shall be investigated according to law.
    60th road management agencies should be dedicated to management of transport, communications and other essential equipment.
    Used for management of transportation, communication and other equipment shall not be used for non-road management activities.
    61st dedicated vehicles for road administration, shall, in accordance with the Highways Act section 73rd and published by the Ministry of special vehicles for Highway supervision and inspection provisions of the regulations, setting unified signs and warning lights.
    Nineth Chapter House management 62nd road management agencies should establish and improve highways house management system, strengthen the work of the housekeeping.
    63rd article highways house management system following: (a) Highways Management personnel post duties; (ii) Highways Management personnel behavior specification; (three) Highways Management personnel law enforcement assessment, and comments system; (four) highways law enforcement and case program; (five) highways inspections system; (six) Highways Management statistics system; (seven) highways archives management system; (eight) other highways house management system.
    64th road management institutions should be public service system, and consciously accept the supervision.
    65th road loss of the tenth chapter schedule (s) claims fees, transportation departments of people's Governments of provinces, autonomous regions and municipalities in conjunction with the fiscal, price departments.
    Format of the 66th road management instruments, formulated by the Ministry.
    67th article this provides that the Ministry of communications is responsible for the interpretation. 68th these provisions come into force on April 1, 2003.
              September 24, 1990 issued by the Ministry of the road administration (for trial implementation), abrogated.