Shanghai Expressway Management

Original Language Title: 上海市高速公路管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201311/20131100393723.shtml

Shanghai Expressway management

    (September 9, 2013, Shanghai Municipal People's Government at the 22nd Executive session on September 10, 2013, Shanghai Municipal People's Government released 5th come into force November 1, 2013) Chapter I General provisions

    Article I (purpose and basis)

    , Highways, in order to strengthen the management and protection of highways in good condition, safe and smooth, according to the People's Republic of China highway code, road safety protection Ordinance, the toll road regulations, the Shanghai Highway Management Ordinance and other relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.

    Article II (scope of application)

    This approach applies to this city in the administrative area of highway construction, maintenance, operation, use and management.

    Highways in these measures, including the Turnpike (including government loan Expressway, business Highway) and free way.

    Article III (regulators)

    Urban construction and traffic administration departments is the highway authority, if the specific Highway Administration of municipal road management agencies.

    Highway district (County) Government and the municipal development and reform, public security, finance, planning and land, green city, water supply and transport and port sector in accordance with their respective responsibilities, coordinate the implementation of these measures.

    Fourth (information disclosure)

    Urban construction and traffic Administration Department shall, in accordance with State regulations, publicize the turnpikes and toll station name, duration of charges, fees, charges and other information.

    Toll road operators and managers should be in accordance with State regulations, announced to the social toll payments on a regular basis.

    Chapter II administration of construction and maintenance

    Fifth (building management system)

    Newly built, rebuilt or expanded highway construction should be in accordance with the national requirements procedures and related mandatory technical standards, and to ensure a reasonable construction period and construction time.

    Of government investment in Expressway construction project, the Municipal Finance Department, construction and traffic administration departments, shall, together with the use of funds for construction supervision.

    Of domestic and foreign economic organizations to invest in highway construction projects, urban construction and traffic Administration Department shall indicate the construction funds and the use of supervision and inspection.

    Sixth (quality and safety management)

    Highway construction and maintenance unit shall establish and improve construction quality and safety management system, implementation of project quality and safety management responsibility.

    Seventh (project management)

    Expressway construction project proposal and project feasibility study report prepared by the municipal construction and traffic administration, approved by the municipal development and reform Department; Expressway construction project preliminary design documents and construction drawing design documents formulated by the highway project construction, urban construction and traffic administration departments for approval.

    Highway construction needs imposed by law on land and housing, filling ditches, adjusting the ground channel along the district (County) Government should provide necessary support and assistance.

    Eighth (subsidiary facilities) Highway construction units shall in accordance with the State and city construction monitoring for technical standards, fees, communications, overload detection, traffic observation, electronic toll collection lanes and other ancillary facilities.

    Subsidiary facilities of Expressway construction standards in the city by the urban construction and traffic administration departments.

    Subsidiary facilities of Expressway should be synchronized with the highway engineering design, synchronization, simultaneous acceptance of construction, delivery.

    Nineth (network information system)

    Municipal road management should establish the city's Highway network management information systems.

    Highway before the trial run, highway construction units shall communications, monitoring, system access, network management information system, and the municipal road management agencies of the network test. Newly built, rebuilt or expanded Highway, according to the national communications, technical standards, and the laying of pipelines, pipeline capacity redundancy should be reserved for management information system of the network expansion, upgrading purposes.

    Highways managers above duct capacity for other purposes, shall be liable for the cost of relocating the communication pipeline.

    Tenth (non-transfer of highways took over)

    After Expressway completion acceptance, highway construction units shall in time to the area (s) following the transfer of construction and traffic Administration facilities, area (s) construction and traffic Administration Department shall promptly take over, conservation:

    (A) the overpass highway bridge;

    (B) under the channel Highway and its pumping station;

    (C) connection fees and other road facilities.

    11th (maintenance requirements)

    Highways managers shall, in accordance with national and municipal technical specifications related to maintenance and operation procedures, preventive and regular maintenance of Expressway, highway in good technical condition.

    Encourages the use of new technologies, new materials, new processes, new equipment, maintenance, and improve the level of maintenance of Expressway and ancillary facilities.

    12th (annual maintenance plan)

    Highway operators and managers should be based on technology of Expressway and ancillary facilities and usage, in accordance with the provisions of the State and this municipality conservation standards and quotas, requirements for the implementation of the conservation, preparation of annual maintenance plan of Expressway. Government loan Expressway and Freeway free of annual maintenance plan shall be subject to consent of urban construction and traffic administration organization.

    Annual maintenance plan in operating highways, it shall seek the views of city road management agencies organization.

    Urban construction and traffic Administration Department shall, jointly with relevant departments of highway maintenance funding implementation and use of supervision and inspection.

    13th (daily) Highways managers shall, in accordance with the relevant provisions of the State and this municipality, to patrol the highway and produce inspection records.

    Found highways collapsed, pit, raised or that the fences, glare, noise barriers and other ancillary facilities damaged, endangering traffic safety shall be promptly set up warning signs and take action to fix.

    14th (road inspection, testing)

    Highways managers shall, in accordance with relevant technical standards, highway on a regular basis for testing and evaluation, technical conditions are not up to national highway and city-related technical standards, maintenance should be carried out; which does not meet the requirements of traffic safety shall also notify the public security traffic Administrative Department, and timely dissemination of relevant information. Municipal road management should regularly check on the highway, testing.

    The technical conditions are not up to the technical standards of highway, shall instruct managers to take corresponding measures within the highway.

    15th (bridge, tunnel management) Highways managers shall, in accordance with the requirements of the State and this municipality, setting up bridge and tunnel maintenance technicians from bridge, tunnel inspection and testing.

    Highway bridges and tunnels special inspection shall entrust a qualified professional inspection unit.

    Highway bridges, tunnels and tested load capacity cannot meet the original design standards, highway managers should limit set out in a timely manner, strengthening measures Bridge, tunnel seriously damaged, affecting the safety of vehicles, shall notify the public security traffic Administrative Department, and take it to the appropriate traffic management measures.

    16th (repair and maintenance)

    Managers shall, in accordance with the highway, highway maintenance, and the technical specifications of Expressway and ancillary facilities to carry out routine maintenance and repair minor damage.

    17th (repairing and overhauling management)

    Highway repair project by Expressway and ancillary facilities management depth in the preliminary design documents preparation of project feasibility studies, organization approved by the municipal road management agencies in order to implement.

    Overhaul project of Expressway and ancillary facilities up to the freeway managers were preparing engineering feasibility studies and preliminary design, urban construction and traffic administration departments for approval.

    18th (repair and overhaul project acceptance)

    Highway maintenance and major repair works shall, in accordance with and acceptance of the relevant provisions of the Organization of the city.

    Monitoring, prior to overhaul in the acceptance of communications and billing systems, municipal road management agencies of the network test should be adopted.

    19th (emergency maintenance)

    Highway is due to natural disasters, accidents and other emergencies and their accessory facilities damaged, affecting normal traffic and road safety, highway managers shall immediately organize a corresponding qualification of maintenance and emergency repair operations.

    20th (safety requirements for maintenance work) Highway maintenance personnel jobs, should be wearing a uniform safety signs suit.

    Road maintenance vehicles, machinery and equipment operations, should be obvious homework flag is set, turn on hazard warning lamps.

    Maintenance of vehicle safety, highway managers should set safety protection facilities at the job site, and through the electronic display facilities, such as speed limits, warning prompts and seriously affect the safe driving of the vehicle, shall prepare a maintenance of traffic organization scheme, and before the implementation of municipal road management agencies and public security traffic administrative departments for the record.

    Chapter III fees, services and application management

    21st (fee)

    Toll road operators and managers should be in accordance with approved standards and rates of term, charged to access toll highway vehicle tolls, but exempt from tolls vehicles except in accordance with law. Access by vehicles leaving the export cannot provide effective credentials and cannot provide proof of entering the entrance, or ascertained swap access credentials, Turnpike managers can follow the furthest from the export path in the network charge tolls, and cannot provide proof of passage of the cost of vehicle charging users to enter credentials.

    Users vehicles provide proof of entering the entrance charge managers should be based on the actual mileage of Expressway tolls.
22nd (rapid transit vehicles protection)

    Toll road operators and managers should be based on traffic volume, opening a sufficient number of toll crossing, vehicle to normal traffic. In addition to public security traffic management to traffic management measures, the toll crossing for paying vehicle queue length when over a distance of urban construction and traffic Administration Department, Turnpike managers shall, without prejudice to the case of smooth road ahead, take part or all of the lanes at the toll crossing free release measures.

    Toll road operators and managers should set a free release within the specified distance signs and monitoring facilities.

    Holidays and events specific periods in accordance with State regulations, such as the introduction of free movement, urban construction and traffic Administration Department shall, in conjunction with relevant departments and toll road operators and managers to take appropriate measures to ensure highway safety, running smoothly.

    23rd (electronic toll collection management)

    The Turnpike managers shall, in accordance with relevant technical standards, State and this city, set up and run the electronic toll lanes.

    Electronic toll collection specific management measures, enacted separately by the urban construction and traffic administration departments.

    24th (network charges apply)

    Toll Expressway networking toll in this city.

    Turnpike managers commonly agreed units in charge of the Turnpike toll funds settlement and clearing, management of the corresponding costs are borne jointly by the Turnpike managers.

    25th (service)

    Municipal road management agencies should be established in conjunction with the highway management information release system for expressway, through the Web site, hotline, electronic guidance system provides to the community, such as highway traffic reports, weather forecast and other information services.

    26th (service management) Toll road operators and managers should be in accordance with the planning, configuration service, parking, public toilets, vehicle maintenance, gas stations, restaurants and other facilities, and keep it in good running condition.

    When parking, public toilets and cannot meet the needs of the public, should be rebuilt or extended in a timely manner.

    Turnpike managers needed service area are temporarily closed due to maintenance reasons, must pass through the Highway Administration.

    27th (towing rescue traction services) Highway managers can configure to meet the technical specifications of towing rescue towing vehicles or entrust a qualified towing rescue traction service enterprises, provides Freeway towing rescue towing services.

    Municipal road management institutions shall guide the highway towing rescue traction. Highways Manager after receiving the repair rescue information, it should be immediately sent repair traction vehicles and rescue personnel rushed to the scene for emergency treatment.

    According to the principle of nearest, safe and convenient, and will drag the obstacle or failure of vehicles from the incident to the nearest exit or place agreed by the parties.

    Highways managers or its authorized repair rescue traction service enterprises shall be formulated in accordance with the Municipal Department in charge of price fees for Highway towing rescue traction services charge a fee without increasing fees, increasing charges.

    On expressways, the prohibition of other units and individuals to implement repair rescue traction activities.

    28th (service request) Toll road operators and managers should be strengthened to charge personnel training and professional education.

    Toll personnel should be courteous, standardized service.

    The Turnpike managers shall set up a complaint handling mechanism for complaints to the public, timely feedback comments.

    29th (submitted information)

    Highways managers shall, in accordance with relevant regulations of the State and this municipality to the municipal road management agencies to provide timely charges, payments, road conditions, traffic, relating to the conservation and management of information.

    30th (vehicle requirements)

    Vehicles entering the highway and expressway, and shall not be any of the following acts:

    (A) refuses to pay, get sex, pay tolls;

    (B) the breach into the electronic toll lanes;

    (C) goods in transit in Freeway and Expressway.

    The fourth chapter management

    31st (inspection system),

    Municipal road management agencies shall establish a highway inspection system of highways, highway protection work in accordance with law.

    Highways Manager discovered during routine inspections against the Highways Act, should be promptly stopped, protect the scene and reports on municipal road management agencies according to law.

    32nd (areas controlled by the building management)

    Highway construction control for highways out extraterrestrial origin is 30 meters distance corners inside, interchange as well as the range of the control areas in accordance with the level-crossing safety requirements such as range.

    Highways in accordance with the provisions of the preceding paragraph to determine when the control areas, municipal road management should set the control areas demarcation signs, according to the national provisions relating to the areas controlled by the building management and the city administration.

    33rd (overlimit check)

    Highway operators and managers should be on the highway entrances and tunnel facilities prominently, set the vehicle limit load, height, width limit sign.

    Except with the approval of dissolution of the delivery is not available overloaded transport vehicles, overloaded transport vehicles on the highway.

    Municipal road management agencies to freeway entrances, service areas and other places do not affect the main passage overload check over-limit transportation vehicle is found, should be booted to the nearest fixed unlimited testing site for processing.

    34th (prohibited acts)

    In addition to complying with the provisions of article 29th of the road management in Shanghai, a no unit or individual shall not be expressways and Highways within the land to engage in the following behavior:

    (A) the items piled up with tunnels, culverts, building facilities and the laying of high voltage wires and transporting flammable, explosive or toxic gases, liquid pipeline;

    (B) use highway affiliated facilities set up piping, hanging objects.

    35th (compensation, compensation for damage)

    Any unit and individual damage to Expressway and ancillary facilities, pollution, should be approved by the competent authority in accordance with the municipal finance and price compensation compensation, compensation, compensation standards.

    Highways managers receive damage compensation, when compensation shall be issued in accordance with the fees payable under the certificate to a client, and to repair the damaged facilities according to the technical standards.

    Article 36th (non-Freeway facilities management)

    Across the bridge, beneath Highway channel, facilities such as outdoor advertising facilities along the highway could jeopardize highway safety, facility management units should take immediate steps to repair or removal. Highway facilities Manager discovery stipulated in the preceding paragraph may jeopardize the safety of freeway traffic, shall promptly set up warning signs, and immediately dispose of related facilities management unit.

    The urgency of the situation, you need to remove obstructions on the spot, highway operators and managers should be disposed of immediately.

    Outside the highway construction control in the construction of buildings, structures and other facilities on the ground may not block the road signs, does not impede the safe visual range.

    37th (emergency management)

    Urban construction and traffic administration departments shall organize the development of highways, the city emergency plan, submitted to the municipal people's Government for approval.

    Highway, Expressway emergency, managers should be based on plans to develop specific contingency plans, and submitted to the municipal road management agencies for the record. Managers should be based on the highway emergency organizations emergency response team, stock up on emergency supplies and equipment, emergency drills are regularly organized.

    When an emergency occurs, shall, in accordance with the emergency plan to take appropriate measures and to assist and cooperate with municipal construction traffic administrative departments emergency handling.

    The fifth chapter legal liability

    38th (violating conservation rules) Violation this approach 11th article first paragraph provides, charges Highway business managers not according to national and this city provides of technology specification and operation for Highway conservation of, by city construction traffic administration sector ordered deadline corrected; late not corrected, by urged told still not corrected, its consequences has or may against traffic security of, city construction traffic administration sector can delegate meet conditions of units on behalf of conservation, conservation costs by the charges Highway business managers bear.

    Refusing to assume, from the urban construction and traffic administration departments apply to a people's Court for compulsory execution.

    39th (violation of the speedy passage of the penalties set forth in)

    Violation of the provisions of this article 22nd, Turnpike managers have one of the following circumstances, the urban construction and traffic Administration Department shall order rectification, fined a maximum of 3000 Yuan and 30,000 Yuan:

    (A) is not available in a sufficient number of toll crossing, cause traffic jams;

    (B) subject to payment vehicle queue length exceeds the specified distance, free release vehicles will not interfere when the road is clear ahead, without free release measures;

    (Iii) not in accordance with regulations of the State in a specific time period and free release measures.

    40th (the punishment of violations of service management)

    Violation of the first paragraph of this article 26th, was not in accordance with the provisions of the set of Expressway service facilities, or failing to timely alteration, expansion of parks, public toilets, rectification by the urban construction and traffic Administration Department; it fails, more than 5000 Yuan and fined a maximum of 50,000 yuan.

    41st (violate the provisions of repair rescue traction)

    Violation of paragraph II of this article 27th, highway managers after receiving the repair rescue information does not perform the obligation of repair rescue traction, the urban construction and traffic administration departments to a fine of less than 3000 Yuan and 10,000 yuan in serious cases, the fines of between 50,000 yuan and 10,000 yuan.
Violation of the 27th paragraph fourth of these measures, other units and individuals in the implementation obstacles on the highway rescue traction activities, by the urban construction and traffic administration departments of up to between 5000 and 1000 Yuan fine.

    42nd (breach of exclusive lanes prescribed penalty)

    Breach of this provisions article 30th second vehicle violations access to electronic toll collection Lane, be warned by the urban construction and traffic administration departments are serious, fine at 100 Yuan.

    43rd (delegate penalties)

    Urban construction and traffic Administration may appoint a municipal Highway administrative departments administrative penalties stipulated in the implementation of these procedures.

    44th (administrative)

    Violation of these rules, urban construction and traffic administration departments and the municipal road management agencies as well as other relevant management departments and their staff, one of the following acts, by the unit or by the competent authorities directly responsible for the personnel and other persons given demerits or demerit; serious, demotion or dismissal:

    (A) failing to perform their duties of Highway inspection, testing;

    (B) the over-limit transportation vehicle is found not in accordance with law in the investigation and resulting consequences;

    (C) administrative law enforcement without statutory basis or violation of legal procedures.

    The sixth chapter supplementary articles

    45th (date) These measures shall take effect on November 1, 2013.