Administrative Measures On Rural Highway In Liaoning Province

Original Language Title: 辽宁省农村公路管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387138.shtml

Administrative measures on rural highway in Liaoning province

    (11th session of the people's Government of Liaoning province, January 14, 2013 the 65th General Meeting January 23, 2013, No. 278, promulgated by the people's Government of Liaoning province as of April 1, 2013) Chapter I General provisions

    First in order to strengthen the management of rural roads to guarantee smooth rural highways in good condition, and promoting rural economic and social development, in accordance with the People's Republic of China Highway Act (hereinafter referred to as the Highway Act) and other laws and regulations, combined with the province, these measures are formulated.

    Second rural roads in these measures refers to include highway planning, according to the national or provincial technical standards for the construction of county roads and township roads, village roads and bridges and culverts, tunnels, and ferries. Article these measures apply to the province within the administrative area of the rural road planning, construction, maintenance, management, and use activities.

    Otherwise provided for by the State, from its provisions.

    The fourth rural road planning, construction, maintenance and management should follow the same leadership, management, and custody at the county level, the principle of coordinated development.

    Fifth municipalities and counties (including County-level cities and districts, the same below) people's Governments shall be the rural road development into local economic and social development plan, to take effective measures to support and promote the development of rural roads.

    County is a district of rural highway construction, maintenance, management liability, rural roads should be integrated into government objectives, and to organize and coordinate the relevant departments to promote rural highway.

    City, County and township (town) people's Governments shall gradually entered into objective responsibility of rural highway, targets, in accordance with the relevant provisions included in the performance appraisal.

    The sixth province, city and County traffic within the administrations responsible for the administration of rural highway, road management organizations to which they belong shall perform the administrative duties of rural highway.

    Development and reform, financial, land and natural resources, environmental protection, urban construction, agriculture, water conservancy, forestry and public security departments, according to their respective responsibilities relevant work on rural roads.

    The township (town) people's Government of the people's Government at the County within the established terms of reference, is responsible for the Township Road, village road construction, maintenance and management of the work.

    Seventh rural highway construction and maintenance needed to sand, gravel, soil, land, water and power supply, shall be reported to the county people's Governments in accordance with the relevant provisions and the relevant units through overall planning.

    Planning and construction of chapter

    Eighth rural road planning should be based on the national economic and social development planning, combined with people's lives need to be prepared, in line with national and rural road development goals, and national highway, provincial road development plans and other means of transport development planning coordination and links up with urban and rural planning.

    Rural highway passenger and freight terminals should be unified with rural road planning, co-ordination, development and meet the prescribed standards.

    Nineth plans of county roads by County traffic Administration Department in conjunction with the relevant departments at the same level, through local government approval, submitted to the municipal people's Government and provincial communications administration departments.

    Town planning by County Road and village road traffic administrative departments to assist Township (town) people's Governments, county governments approved and submitted to the provincial and municipal traffic administration departments.

    Rural road plans need to be modified, the original approval authorities, and report to the traffic administrative department level on record.

    Road planning and to modify submitted for approval shall be subject to the villagers ' meetings or villagers ' representative meetings for discussion and adoption.

    Tenth promoted the county roads and township roads, named and numbered by traffic administrative departments of the province determined in accordance with relevant regulations of the State Council, provincial; promoted Village Road, naming and numbering by the municipal traffic administration determined in accordance with relevant provisions of the provincial communications administration. 11th rural highway construction (including new construction and renovation projects, the same below) infrastructure programs shall, in accordance with national requirements and relevant regulations of the State, province, county people's Government is responsible for and county administrative departments of transportation and road management organisations implement.

    The township (town) people's Governments and village committees in rural road construction in specific responsibilities identified by the County.

    12th County traffic administrative departments should be based on rural road planning, based on actual local, rural highway construction in the preparation of annual proposals agreed by the County, municipal traffic administrative departments approved, according to the provincial transport administration and finance departments jointly issued the annual construction funds, matching funds, subsidies and, to issue annual construction subsidy plan, and report to the provincial communications administration departments.

    Approved rural road-building plans need to be modified, the original approval authority.

    13th rural road construction shall conform to the national and provincial highway engineering technique standard, economical use of resources, protecting the ecological environment, rational use of the old road.

    Protection of rural roads, drainage and traffic signs, traffic safety and other subsidiary facilities should be synchronized with the main building.

    14th technical standard for four per cent of the rural roads and bridges, tunnel design, shall be borne by the design unit with the appropriate qualification; other rural highway project design can be borne by the County's traffic administrative departments in engineering.

    15th rural road construction project legal person responsibility system should be in accordance with the relevant provisions, bidding tender system, the contract system and the project supervision system, and in accordance with the relevant provisions of responsibility system for production safety and quality responsibility system.

    16th rural highway construction after the completion of the project, approved by original design unit in accordance with the relevant provisions of the State Organization of acceptance and archives management in accordance with the relevant provisions of the, collect, collate, save project information to establish project archives; after acceptance transferred to County traffic administrative departments saved.

    Chapter III maintenance

    17th the county people's Governments shall establish and improve road maintenance of rural road maintenance management system and operating mechanism.

    The 18th rural road maintenance shall be in accordance with national and provincial technical specifications and the operating rules, embankment, slope stability, pavements, structures in good condition, smooth drainage, afforestation and beautification to ensure normal highway use.

    19th County traffic administration under the rural highway technology status, annual, specialization in the conservation plan, by the approval of the County, municipal traffic administrative departments, provincial communications administration departments.

    Rural road repair works and non-specialized maintenance plans by County Highway administrative departments are responsible for the preparation of the traffic Administrative Department, reported to county administrative departments of transportation approval, submitted to the municipal traffic administration departments.

    20th County Road maintenance and road, specialization of village road conservation by County Highway administrative departments are organizing the implementation of the traffic administrative departments.

    Non-specialized road and village road conservation by the township (town) people's Governments and village committees are responsible for, building mass and professional conservation organization or contracted by the individual segment.

    21st County traffic administrative departments should strengthen the rural highway bridge maintenance, keep it in good technical condition, affecting the safety of dangerous bridges, shall, in accordance with the relevant provisions in time limit flag is set, and take the appropriate repair measures.

    County traffic administrative departments should strengthen the rural road safety facilities maintenance and management, sharp bends, steep slopes, prone to dangerous sections along the River, according to the requirement of obvious traffic signs and safety protection facilities.

    The 22nd County and township (town) people's Governments shall, in accordance with the requirements of road maintenance technical specifications, combined with the realities of rural highway, according to local conditions of rural highway landscaping work.

    23rd rural highway during maintenance work, should guarantee the basic conditions and traffic safety, not maintenance free to interrupt traffic.

    Due to maintenance work is absolutely necessary to interrupt traffic, together with public security organs traffic management sector to society announcements, and bypass flag is set by the regulation. The 24th due to natural disasters or other emergencies resulting in rural highway when interrupted or severely damaged, County and township (town) people's Governments shall promptly start the emergency plan and tissue repair.

    If necessary, the law along the mobilization and organization of organs, organizations, enterprises, institutions and local people to repair, restore transportation as soon as possible.

    25th a province, city and County traffic administrative departments shall establish the administrative management of rural road maintenance database, rural highway maintenance management information system for road management and maintenance in rural areas to provide technical support and service.

    The fourth chapter management

    26th road County traffic administrative departments administrative agency shall be responsible for the rural road management work in the administrative area, receiving provincial and municipal traffic Administrative Department and Highways Department of industrial management and operational guidance.

    27th County traffic road management agencies of the Executive Department of this rural road management work within the administrative area shall perform the following duties:

    (A) the control areas of rural highway management;

    (B) the road right of way management;

    (C) approval for rural highway administrative matters;

    (D) overlimit on a rural road management;

    (E) establish routine inspections of rural highway system, suppress, investigate and correct the violated management regulations according to law;

    (F) rural roads within their respective administrative areas emergency plans;

    (VII) other duties stipulated by laws and regulations.

    28th rural highway control areas the scope of the distance from the road out extraterrestrial origin criteria:

    (A) the County not less than 10 m;

    (B) the road less than 5 m;

    (C) Village Road, less than 3 meters.

    Fifth chapter funding and management

    29th of municipal and county governments should establish government public finances, multi-channel financing, encourages the community to participate in rural road construction, management and maintenance funding mechanisms.

    Rural road construction, management and maintenance by county governments are responsible for the mobilization of funds, provincial and municipal finance in accordance with the provisions of the corresponding benefits, including provincial grant funds disbursed shall be in accordance with the current transfer payment procedures.

    In any form is prohibited on rural roads charging tolls, and tolls.

    30th in rural road construction, management and maintenance funds source:

    (A) the financial allocation;

    (B) the Special Fund for highway construction;

    (C) the fiscal transfer payment funding;

    (D) the provincial transport administration grant money;

    (E) voluntary funding for social donations, enterprises and individuals;

    (Vi) otherwise stipulated by laws, administrative regulations or the State Council.

    Rural highway construction in the 31st by the provincial traffic regulations for the executive authorities and the provincial financial funding, municipal financial grants in accordance with not less than standard, other parts of the capital raised by the County Government.

    Establishing special subsidies for rural road maintenance, according to the provincial transport administration authorities and the financial sector for management and maintenance of rural highway mileage, maintenance periodic and objective evaluation of decomposition given county governments, municipal finance not less than standards set by the province in accordance with the funds supporting conservation, conservation of other parts of the capital by county governments in accordance with the criteria set by the province raise the necessary resolve, and incorporated into the County budget. Rural road maintenance funds should be based on the maintenance road mileage increased and increased government financial resources.

    Rural highway traffic mileage by county administrative departments, municipal traffic administrative departments, provincial transportation Administration confirmed.

    Rural highway mileage is approved once every two years, the financial sector should be based on approved mileage after adjustments in a timely manner to the Conservation Fund.

    32nd of municipal and county governments put for the rural highway construction and maintenance funds should be adequate funds in place in a timely manner; not in full and on time, provincial transport administration in conjunction with the provincial Finance Department, will be proportionally reduced provincial subsidies.

    33rd in rural road construction, management and maintenance funds should be introduced for budget management, accounting of special accounts, earmarking, auditing, supervision and inspection of financial, transportation and other sectors, no unit or individual may intercept or misuse and misappropriation.

    The sixth chapter legal liability

    The 34th article violates these rules, rural road construction and repair work is being urgently constitute violations of law and order, in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized constitutes a crime, criminal responsibility shall be investigated according to law.

    35th article violates these rules, on rural roads, highways as well as ancillary facilities damage, property damage, shall bear civil liability.

    The seventh chapter by-laws 36th these measures come into force on April 1, 2013.