Expressway Operation Management In Zhejiang Province Way 2011 (Revised)

Original Language Title: 浙江省高速公路运行管理办法(2011年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369181.shtml

Expressway operation management in Zhejiang Province way 2011 (revised) (193th release of the July 7, 2005, Zhejiang Provincial people's Government on July 8, 2008 order No. 246, published by the people's Government of Zhejiang Province, Zhejiang Province, Zhejiang Province people's Government to amend the lightning disaster prevention and emergency response 3 rules of decision fixed on December 31, 2011 for the first time, order No. 289 Zhejiang Province people's Government promulgated by December 31, 2011, the Zhejiang Provincial people's Government on changes of urban road management in Zhejiang Province

    14 second amendments to regulatory decisions) Chapter I General provisions

    First article to strengthening on highway of management, guarantees highway of intact, and security and smooth, maintenance highway traffic order, prevention and reduced traffic accident, protection Highway investors, and operators and using who of lawful rights and interests of, according to People's Republic of China Highway method, and People's Republic of China Road traffic security method and People's Republic of China charges Highway Management Ordinance, legal, and regulations of provides, combined this province actual, developed this approach. Second provincial highways within the administrative area of conservation, use, fees and management, application of this approach.

    Otherwise provided by laws and regulations, from its provisions. Third of provinces, districts and municipal transport Administration Department for highways work within their respective administrative areas.

    Provincial and district Highway administrative departments in charge of highways, road management, maintenance management, and based on the peer transport decision of the administrative authority the exercise of other administrative duties.

    Provincial public security organs traffic management department head the province's Highway Traffic Safety Administration, and may appoint a district municipal public security traffic management Department management.

    Provincial development and reform, housing and urban-rural construction, land and natural resources, Commerce, environmental protection, price and other relevant departments and Governments at all levels and relevant departments along the highway, highway management is undertaken in accordance with their respective responsibilities.

    Fourth provincial, district and municipal people's Government in accordance with the road traffic safety law, responsibilities and requirements of the regulations, establish and improve the coordination mechanism of highway traffic safety work, highway traffic safety management plan and the implementation of programmes and their implementation.

    Fifth in highway management enterprises or other organizations (hereinafter referred to as highway operating unit), made in accordance with the law right, advertising management, service rights are protected by law.

    Freeway Management Unit should be actively and coordinate the relevant departments of people's Governments and their management Highways Management.

    Sixth article of any units and individuals must observe the road laws and regulations and these rules shall not be destroyed, damaged or illegal occupation of highway, freeway and expressway attached facilities.

    Seventh article of any units and individuals must comply with the road traffic safety laws and regulations and these rules, maintenance of highway traffic order, to prevent traffic accidents.

    Chapter II conservation and management

    Eighth Highway operating unit responsible for conservation of the Expressway and ancillary facilities, ensure it is in good technical condition.

    Highway business unit does not have the qualification of Expressway maintenance, shall, by way of tender, commissioned road maintenance unit with appropriate qualifications to carry out maintenance, and submitted to the provincial highway authority record. Nineth Highway business unit shall, in accordance with national and provincial transport authorities provide, prepare annual maintenance plans, and their implementation.

    Annual maintenance plan should be submitted to the provincial highway management authority record.

    Article tenth of Expressway maintenance operations should comply with the State standards and norms. Highway maintenance personnel jobs, should be wearing a uniform safety signs suit. Job site shall be in accordance with the regulations place signs, safety signs, direction signs, take protective measures to ensure traffic safety and the smooth flow.

    Vehicles and equipment should start yellow warning lights.

    Highway maintenance vehicles on site, you must follow the Guide flag is set, avoid operating vehicles, equipment and personnel.

    11th Highway administrative departments should strengthen supervision and inspection of highway maintenance work, found Expressway and ancillary facilities do not meet technical standards, shall order the highway business unit within conservation discovered highway maintenance and management irregularities, shall order the highway road maintenance unit of the business entity or its delegate to correct it.

    Chapter III administration of highways

    12th prohibits the following highway damage, pollution, jeopardize highway safety, affecting smooth flow of action:

    (A) in the context of land for highways, highway stall set up, borrow it, burn it, stacking, dumping of garbage, obstacles, ditch water, using the highway ditches discharging dirt and so on;

    (B) in highway large bridge and ferry 200 m, tunnel entrances and within 100 metres above and on the sides of Highways within a certain distance, dredging sand, gravel, Earth, dumping waste, blasting, and drilling operations;

    (C) in highway construction within the control area highway construction, maintenance, protection of buildings and structures on the ground outside;

    (D) damage or highway or move or alter ancillary facilities;

    (E) persons out of his car and throw items on the bus;

    (Vi) to towing vehicles dripping articles or its things touch;

    (G) the laws and regulations of the other Act and the regulations.

    13th engages in the following activities shall be approved by the highway authority affecting road safety, should ask the Department of the public security organs traffic management:

    (A) by the construction of railways, airports, telecommunications facilities, water conservancy projects and other projects needed to occupy or dig the freeway or expressway route;

    (B) cross, crossing the highway bridge, aqueduct or the erection, laying of pipelines and other facilities, as well as on the highway within the erection, laying pipelines, cables and other facilities;

    (C) in highway construction inside the zone construction for highway construction and maintenance, protection of buildings and structures on the ground, or the laying of pipelines, cables and other facilities;

    (Iv) iron-wheeled vehicles, tracked vehicles and other machines that may damage of Expressway pavement, needed at highway speeds;

    (E) vehicles exceed Highway limits set out standards required at highway speeds.

    Permission of the matters prescribed in the preceding paragraph in accordance with the relevant provisions of the road administration regulations of Zhejiang Province determined.

    Article 14th 13th of activities under these measures, and its subsidiary facilities of Expressway caused damage or cause other damage to Highway business unit shall, in accordance with national and relevant provisions of the province to repair, alteration, or compensation. 15th road management agency review of the 13th article of the matter, should seek the views of Expressway management unit; the highway dispute management unit, road management agencies should organize consultations of the parties concerned and, if necessary, you can organize relevant professional demonstration.

    Of the hearing shall be held in accordance with law, managed by the Highways Agency in accordance with the relevant provisions of the law procedure of hearing.

    Highway administrative departments shall, according to listen to advice and negotiation, argumentation, and hearing transcripts, timely decisions to approve or not to approve. 16th Highway operating unit should be on the highway population and tunnel facilities prominently, sets the limit on Expressway load, limits high and wide notice, limit standards limit signs.

    Illegal over limit transport vehicles, highway management unit should be denied access. Highway administrative departments can be on the highway entrances, service areas, and approved by the provincial people's Government set overload detection stations and other places within the overload check cargo vehicles of the past.

    Laden vehicles shall be in accordance with the boot flag in the past to designated locations, the check by the highway authority.

    17th in highway construction inside the zone construction for highway construction and maintenance, protection of buildings and structures on the ground, not for other purposes; you no longer use, it should be immediately removed.

    18th Highway operating unit is responsible for setting and maintaining traffic sign, road marking.

    Installation of traffic signs, marking should conform to the standards set by the State, and adjusted according to changes in Expressway road network.

    Road traffic accidents are common on the traffic signs, markings, the provincial highway authority in conjunction with the provincial public security authorities and commercial highway traffic management departments and business units to revise the programme, managed by the highway unit is responsible for the implementation.

    19th in the highway lands within non-highway signs, shall conform to the provisions of the provincial transport Administration Department set the standards, and approved by the highway authority.

    20th planning and new towns along the highway, and development zone shall keep a set distance from the highway and avoid both sides of highway involving highway construction control zones, should seek the provincial road management agencies, transportation authorities, and districts.

    Article 21st motorway and ancillary facilities damaged, the Parties shall immediately report the authority, accepting its field investigations and legally undertake the compensation responsibility.

    Road damage, violation of road management laws and regulations and these rules, managed by the Highways Agency law.

    22nd Highway administrative departments should strengthen Highway Administration, suppression and investigation of violations of road management laws and regulations and these rules of behavior.

    Road administration personnel carrying out their duties, shall wear signs, certificates; special vehicles for Highway Highways Management should set unified signs and warning lights.

    23rd building highway of this chapter relating to highway construction control areas, advertising signs management requirements.

    Fourth chapter of traffic safety

    24th prohibits entry of personnel, vehicles of the following highways:

    (A) pedestrians;
(B) non-motorized vehicles;

    (C) motorcycles, tractors, agricultural vehicles, battery vehicles, wheeled machinery, full trailer;

    (D) does not install the hazard warning lamps, fog lights, seat belts and not equipped with warning signs and the rear lights damaged motor vehicles;

    (E) vehicles;

    (F) the design maximum speed of less than 70 km of motor vehicles.

    Engaged in highway maintenance, highway management, fault clearing and emergency rescue personnel and special vehicles, machines, prescribed in the preceding paragraph shall not apply.

    25th entering highway vehicle drivers and equipped with seat belts seat car personnel, must be in accordance with the provisions of seat belts.

    26th vehicles from the ramp into the highway, should the speed on the acceleration lane and turn on the left turn signal, without prejudice of a vehicle on the highway under normal conditions drove into the driveway.

    Vehicles leave the motorway, lane should be connected according to the exit notice sign into exports, slow; leave the motorway from the ramp, should turn on the right turn signal after you enter the deceleration lane left.

    27th vehicles need to pass or change lane must turn on turn signal, must transform using the high and low beam lights at night, after making sure that security, then drove into the lane.

    28th due to traffic jam parked in front, vehicles with lane keeping an appropriate distance, open the hazard warning lamps, and shall not occupy the emergency parking strips and road shoulders, get off by car drivers and other personnel must not be arbitrary.

    29th vehicles at highway speeds, there shall be the following:

    (A) reversing, retrograde or across the median to turn around;

    (B) ride, lane dividing lines or driving on the shoulder;

    (Iii) the ramp, acceleration lanes or slow down overtaking;

    (D) non-emergency driving on the emergency lane;

    (E) non-parking due to malfunctions, traffic jams, and other special circumstances;

    (F) test or learn to drive. 30th article vehicles in highway Shang occurred traffic accident, or occurred steering, and lighting, and signal device fault, or occurred other fault and cannot normal driving Shi, driver should immediately opened dangerous alarm Flash (night must while open revelation wide lamp and taillights), will vehicles moved to not hamper traffic of place Park, and in car tail rear 150 meters yiwai set fault car warning logo brand; does cannot mobile of, should continued opened dangerous alarm Flash.

    Vehicles should move quickly to the right of the persons on the road shoulder or emergency Lane, and early warning.

    On the highway maintenance of vehicles is prohibited.

    31st Highway business unit vehicles found overloaded, or the carriage of dangerous chemicals in breach of the provisions of, should be denied access, and report to the public security organs traffic management departments, traffic management by public security organs to investigate and punish.

    32nd Highway conservation construction code of the business was closed more than 1 lane, and lasts for more than 12 hours, or at night jobs, highway work units shall report to public security organs traffic management departments in advance, and take appropriate protection measures such as warning or announcement. Construction takes half a piece of closure or disruption of traffic, highway business unit shall first seek consent of the public security organs traffic management and road authorities agreed, and take appropriate protective measures, warning and guidance.

    Except in cases of emergency, highway operating unit in advance 5th main route of mass media to society announcements, and through such means as electronic display tips vehicles.

    33rd-removal, rescue work on the highway from Highway business unit is responsible for the implementation, and accept public security organs traffic management and road management field organization and scheduling.

    Public security organs traffic management, road administration and the highway operating unit, fault cars, accident vehicles shall not restrict the parties from their units repaired vehicles.

    34th Highway operating unit fault vehicles, vehicle towing, hauling, you can follow the standard vehicle price approved by the authorities of the province the party charged, are not allowed to raise charges.

    Towing cars, accident vehicles, traction fault, it should be requested by the nearest, safe and convenient, drag from the beginning of the vehicle drag and place the nearest exit with the vehicle or place agreed by the parties, as well as designated by the public security organs traffic management traffic accident disposal sites. 35th public security organs traffic management departments responsible for road management agencies, highway business units make the freeway emergencies emergency response plan for traffic management, establish emergency response coordination mechanisms and, if necessary, can organize drills.

    Highways emergencies emergency response plan for traffic management should be dovetailed with the local emergencies emergency plans.

    Unexpected events referred to in the preceding paragraph, refers to the natural disaster, bad weather, major traffic accidents and other sudden, severe events affecting or could seriously affect traffic safety. 36th article met has burst sex event Shi, police organ traffic management sector can take limit speed, and replacement Lane, and limit passage, and temporary interrupted traffic, traffic control measures, highway business units should timely will about traffic control information to passage vehicles for tips; does needed close highway of, by police organ traffic management sector in sought Highway business units views Hou decided and implementation, and ahead of to social announcement; occurred traffic jam Shi, highway management institutions, and

    Freeway Management units should actively assist the public security organs traffic management departments to regulate traffic.

    When emergencies elimination, the public security organs traffic management authorities should stop the implementation of traffic control, to close highways should be opened immediately, and announced to the public in a timely manner.

    37th provincial transport administration authorities are responsible for organizing the public security organs traffic management and meteorological departments, and highway units, establish and improve the highway information service network, network shares, and provide the community with Freeway traffic, weather and other information services.

    The fifth chapter fees and services

    38th Turnpike fees establishment and adjustment of terms, fees, toll-road management in accordance with the provisions of that Ordinance. 39th Expressway fees implementation of networking, unified billing and management in the province.

    Provincial transport Administration Department in accordance with the relevant provisions of the State, organization of Expressway management unit jointly developed specification for networking programme, the charging process and settlement, and implementation and monitoring.

    40th new highway projects should be according to the province's Highway network operation and management needs, in accordance with the provisions of standard construction of Highway communications, monitoring, charges and facilities management systems.

    Have opened highways do not have facilities conditions laid down in the preceding paragraph, by the business unit is responsible for building the highway. 41st unit responsible for highway toll clearing settlement announced to the highway operating unit on a regular basis.

    Highway operating unit settled charges related to their right to seek information. 42nd in addition to laws and regulations exempt from tolls for vehicles, vehicle traffic must pay tolls on the Turnpike.

    Refused to pay, get sex, pay less tolls of vehicles, highway business unit has the right to demand that its pay; refusing to pay, to refuse passage. Party with Freeway Management units of vehicles to pass or other movement certificates to pay tolls. Forgery, swap access access for documents or the use of forged credentials.

    Damaged, lost or Carnet, compensation shall be made.

    43rd highway work units must open a sufficient number of toll crossing, with corresponding charge personnel to ensure quick and safe passage of vehicles, shall not cause traffic jams.

    Highway operating unit must guarantee the lighting, ventilation and other facilities normally used, are not free to stop using, not to affect the safe passage of vehicles.

    44th Highway operating unit shall establish and perfect rules and regulations, business law, regulating fees, to provide quality services.

    Highway operating unit should strengthen the operations of toll station staff training and education, charge staff should be certified, a courteous, standardized service. Article 45th business units should be to enter the service area of Expressway vehicle, provide vehicle refuelling, maintenance and personnel, such as rest, food and beverage services.

    Engaged in service activities shall comply with the provisions of the relevant laws, rules and regulations, and accept supervision by the competent authorities to check.

    Into service of vehicles, personnel should adhere to the management system within the service area and maintain good order of service.

    Provincial Transport Department Expressway management and service standards should be developed, to the public.

    The sixth chapter legal liability

    Article 46th acts in violation of these rules, the highway code, road traffic safety Act and its implementing regulations, toll road regulations stipulated by laws and regulations on punishment, from its provisions.

    47th article violates this article 12th paragraph (a), (e) and (f) provision, resulting in smooth highway road surface damage, pollution or road, the highway authority shall be ordered to desist from the illegal act and may be fined not more than 500 Yuan more than 2000 are serious and may be fined not more than 2000 Yuan more than 5000 Yuan.

    48th article violation this approach 12th article subsection (three) items, and 13th article first paragraph subsection (three) items provides, built, and disposal buildings, and ground structures, or unauthorized laid pipeline, and cable, facilities of, by highway management institutions ordered deadline demolition, can at 5000 Yuan above 20,000 yuan following of fine; refused to demolition of, can at 20,000 yuan above 50,000 yuan following of fine, and can by highway management institutions forced demolition, by needed demolition costs by building who, and build who bear.
49th article has any of the following offences, by road authorities be ordered to desist from the illegal act and may be fined not more than 1000 Yuan and 10,000 yuan in serious cases, may be fined not more than 10,000 yuan and 30,000 Yuan:

    (A) in violation of this article 12th (b) and (d) provision, implement jeopardize highway safety operations, or to damage or move or alter ancillary facilities of Expressway;

    (B) disobey 13th paragraph (a), (b), (d) and (e) provides, without engaging in the alleged acts.

    50th article violation this approach 19th article provides, unauthorized set non-highway logo or set non-highway logo not meet standard of, by highway management institutions ordered deadline demolition or corrected, can at 5000 Yuan above 10,000 yuan following of fine; refused to demolition or corrected of, can at 10,000 yuan above 20,000 yuan following of fine, and can by highway management institutions forced demolition, by needed demolition costs by set who bear.

    51st Highway disobey 34th article of the code of the business, traffic management or road management agencies by public security organs ordered to correct, and returned towing, towing fees collected.

    52nd in violation of paragraph II of this article 42nd, forged, change access credentials or using a fake pass voucher, managed by the Highways Agency ordered corrective action and may be fined not more than 2000 Yuan constitutes a breach of security regulations, the public security organs shall be punished.

    53rd Highway operating unit in violation of the provisions of article 43rd, any of the following circumstances, managed by the Highways Agency ordered corrective action; refused to correct or if there are other serious circumstances, and may be fined not more than 2000 Yuan and 10,000 Yuan:

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

    (B) free to stop using facilities such as lighting, ventilation, vehicle safety and traffic.

    54th highway is operating in violation of this regulation, in accordance with national standards and specifications for highway maintenance, rectification by provincial highways management agencies; it refuses, provincial road authorities can specify units for conservation, conservation costs borne by the highway business unit required, and in accordance with the specification for highway toll settlement in paid traffic costs.

    Administrative Department for 55th transport, road management agencies functionary of the traffic management Department and the public security authorities, abuse of power, dereliction of duty, does not constitute a crime, shall be subject to punishment.

    56th acts in violation of these rules constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

    The seventh chapter by-laws

    57th article this way the meaning of the term is as follows:

    (A) highways: national highway engineering technique standard, specifically for motor vehicles, lane at high speed and fully controlled access highways.

    (B) the subsidiary facilities of Expressway: protection of highways, drainage, conservation, green, service, monitoring, communication, charge, power supply, water supply, lighting and traffic signs, markings and management, facilities, equipment and special-purpose buildings, structures, and so on.

    (C) the highway control areas: both sides of the freeway fence (fence-free from the rim on both sides starting) less than 30 m range.

    Building highways control areas in accordance with the preceding paragraph (c) of rule standards. 58th article this way come into force on September 1, 2005.