Qinghai Province's Rural Road Maintenance And Management

Original Language Title: 青海省农村公路养护与管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367211.shtml

Qinghai province's rural road maintenance and management

    (June 29, 2011 83rd meeting consideration of Qinghai province on July 22, 2011, 78th release from the people's Government of Qinghai province as of August 22, 2011) Chapter I General provisions

    First to strengthen rural road maintenance and management, achieving Lane, rural roads in good condition, security, open, promoting sustainable development of rural economy and society, in accordance with the People's Republic of China Highway Act and the relevant regulations of the State, combined with the facts of the province, these measures are formulated.

    Article maintenance and management of rural roads in the administrative area of the province, these measures shall apply.

    Rural roads in these measures refers to the County and township roads and road.

    County roads, rural roads, village road naming and numbering, the transportation departments of the province, determined in accordance with relevant regulations of the transportation departments of the State Council.

    Following the third rural road maintenance and management and manpower planning, grading and responsible, County-and township (town) coordination and management according to law, safeguard the principle of unimpeded. Article fourth rural roads, highways and its affiliated facilities are protected by law.

    No unit or individual is allowed to damage or occupation, shall not impede maintenance operations.

    Citizens and organizations have the right to impeach and accuse corrupt or encroach on rural highways, roads, ancillary facilities and other impacts of rural road safety behaviour.

    Chapter II conservation and management responsibilities

    Article fifth province, State (or municipal) people's Governments shall strengthen the management of rural road maintenance and leadership. Provincial Communications Department for maintenance and management of rural roads in the province, highway administrative departments are responsible for the supervision of its provincial rural road maintenance and management.

    State (or municipal) traffic within the departments responsible for the administration of rural road maintenance and management.

    Development and reform, the people's Governments above the county level financial, land and natural resources, public safety, housing and urban-rural construction, water conservancy, agriculture and animal husbandry, forestry, environmental protection and other sectors in accordance with their respective responsibilities, to rural road maintenance and management of related work. County is the sixth article in the administrative area of rural road maintenance and management responsibility, shall establish and improve rural road maintenance and management system.

    Organization departments and township (town) people's Governments rural road maintenance and management.

    The township (town) people under the leadership of the County, is responsible for the administrative area in neixiang County, daily maintenance and management of the road and village road.

    Article seventh County Transportation Department responsible for the administration of rural highway in conservation and management, carry out the following functions:

    (A) is responsible for the preparation and monitoring of implementation of rural road maintenance plans;

    (B) is responsible for the management and use of rural road maintenance fund, and to the public;

    (C) the supervision and inspection, evaluation, quality of rural road maintenance;

    (D) guidance of township (town) people's Government conservation Heung Road and village road;

    (E) the establishment of rural road maintenance base data files;

    (Vi) responsible for road management work in the rural area.

    Eighth village (animal husbandry) Committee of township (town) people's Government under the guidance of voluntary according to the villagers, the principles of democratic decision-making, organizations of farmers and herdsmen to do the maintenance and management of roads within the village.

    Chapter conservation funding

    Nineth people's Governments above the county level should establish stable dominated by Government conservation funding, allocation mechanisms to incorporate the rural road maintenance funds budget, and according to revenue growth and the needs of the development of rural roads, increase rural road maintenance funds.

    Encourage the making of investment to support the participation of rural road maintenance.

    Article tenth rural highway transportation departments at the county level shall, in accordance with the administrative data, road conditions, and prepare an annual plan for rural road maintenance, and escalate the provincial Transportation Department.

    Provincial traffic authorities approved the regional annual rural road maintenance program, in conjunction with the provincial Finance Department annual rural road maintenance plan according to the regions, according to determine what percentage of the overall arrangement of rural road maintenance grant money.

    Provincial transportation departments should establish and improve the province's rural road maintenance database.

    11th national and provincial financial assistance for rural road maintenance funds, according to an annual plan for rural road maintenance, timely, adequate funds and in accordance with the relevant provisions.

    State (or municipal), county level people's Government required the mobilization of rural road maintenance funds by the financial departments of transportation departments under rural road maintenance plan for the year, according to the relevant provisions in full and on time allocation.

    Article 12th rural funds earmarked for road maintenance, no unit or individual may intercept or diverted or misappropriated.

    County transportation departments shall establish a conservation fund management system, improve capital efficiency, subsidies to mass publicity along the conservation funds, and step by step the use of annual funds submitted to the provincial Transportation Department records.

    Financial, auditing and supervisory departments should supervise and inspect the use of funds for rural road maintenance.

    The fourth chapter of rural road maintenance

    13th rural roads should be in accordance with national and provincial highway maintenance technical specifications and operating procedures maintenance, maintain slope stability, pavement, shoulders clean, smooth drainage, bridge and culvert structures in good condition.

    14th rural road maintenance and pavement and bridges high above, technical maintenance, transportation departments at the county level in accordance with sections or areas, selected through bidding professional conservation units. 15th article County Road by County traffic competent sector organization professional conservation units conservation, and signed conservation contract; Xiang road by Xiang (town) Government through hired, and delegate, and contracting, way, organization along farmers and herdsmen segment for daily conservation, and signed conservation contract; village road by village (MU) people Committee through a thing a on the Organization farmers and herdsmen used segment contracting conservation, and masses concentrated conservation, way for daily conservation ; The roads in the village by village (animal husbandry) the Committee to discuss everything that determine compliance with local organizations of farmers and herdsmen in the way conservation.

    Conservation of outstanding achievements, by the county-level people's Governments shall award compensation.

    Units and individuals shall support along the rural roads of rural road maintenance.

    16th section of county-level departments of transportation for highway maintenance technology training for farmers and herdsmen, and technical guidance for rural road maintenance.

    Xiang road, along the road to the village of the township (town) people's Government Guide (animal husbandry) Commission Organization of farmers and herdsmen in rural road condition inspections, found roads collapsed, pits, uplift, such as damage, shall promptly to the township (town) people the County Transportation Department reports.

    Article 17th rural road maintenance operations, shall comply with the following safety requirements:

    (A) the operation interval or noticeable warning signs on both ends of the construction;

    (B) professional maintenance personnel should wear safety signs suit;

    (C) maintenance of vehicles, machinery and equipment should be obvious homework flag is set;

    (Iv) at night or under adverse weather conditions the job site should be conspicuous warning signs;

    (E) the maintenance has been completed, should promptly clean up the remnants.

    During the 18th rural road 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 departments in advance to society announcements, and bypass flag is set by the regulation. 19th State (or municipal) and County transportation departments should develop a rural road repair emergency. Silt landslides, snow, ice, water damage and other serious natural disasters in rural highway when interrupted or severely damaged, timely report to the local people's Governments, organized by plan to repair, restore transportation as soon as possible.

    We can't fix in the short term, should the construction detour or the bypass line.

    County and township roads is interrupted, the County Transportation Department shall promptly report to the County transportation departments of people's Governments and superiors. 20th transportation departments of County and township (town) people's Governments shall strengthen the rural highway traffic signs, signs and other facilities maintenance and management.

    Bridge, tunnel, sharp road bends and steep slopes or prone to dangerous road sections, according to the requirement of obvious traffic signs and safety protection facilities.

    21st County and township (town) people's Governments and manpower required to address rural road maintenance to dig sand, stone field, soil, water and work, the village (animal husbandry) Commission should provide necessary support and assistance.

    22nd transportation departments of County and township (town) people's Governments shall, in accordance with the requirements of green planning and road maintenance technical specifications, in accordance with the "suitable for the forest, preferably grass grass" principle, in line with local conditions, rural highway virescence and beautification work.

    Conservation of rural highways shall comply with the relevant laws and regulations to strengthen protection of the ecological environment along the rural roads, preventing soil erosion.

    The fifth chapter management

    23rd transportation departments at the county level shall be in accordance with local practice, development of road inspection system, highways, law enforcement personnel and organizations conducting traffic inspections on a regular basis, fill out the inspection records, investigating the destruction, damage or unauthorized occupation of highways, roads and ancillary facilities of roads and road safety act.

    24th rural roads on both sides of the control areas of scope: Xiang road, county road less than 10 metres, of not less than 5 m, village road, not less than 1.5 metres.

    25th without authorization, no unit or individual is allowed to occupy rural and mining the roads.

    Absolutely necessary to occupy or dig the roads in rural areas, the unit or individual shall agree on the prior consent of the County Transportation Department, affecting the safety of traffic, shall be subject to approval of the traffic management authorities; it takes, mining village road, shall first seek consent of the village (animal husbandry) Commission's consent.

    To occupy or dig the rural highway construction units or individuals shall not be lower than the existing technical standards for highway repair, alteration, or compensation.

    26th no unit or individual may in rural highways and rural roads used to scope the following acts:

    (A) cleaning drying grain and keep their cattle;

    (B) collected from the spot;

    (C) Man Road, ditch water, soil, irrigation;

    (D) dumping, leakage dirt;
(E) piling materials, set up other obstacles.

    27th over limit transport vehicles on the road in the countryside.

    Long, high and wide of transport vehicles, when absolutely necessary to drive rural roads, must be approved by the County Transportation Department, and require effective protection measures affect traffic safety, should also be approved by the public security organs traffic management departments at the same level.

    The sixth chapter legal liability

    Disobey article 26th of 28th article damaged, affecting the County and township roads safe, the transportation departments of the County shall order rectification; refuses, the following shall be punished:

    (A) in violation of the provisions of the first, second, and impose a fine of 50 Yuan;

    (B) comply with the third requirement of, and fined 200 Yuan more than 1000 Yuan fines;

    (C) violation of the provisions of the fourth and fifth, a fine of 50 Yuan and 200 Yuan fines.

    Violating these rules article 26th damage, affecting road safety, the village (animal husbandry) members shall order the party to desist from the illegal act, restitution who refuses to desist from the illegal act, the village (MU) the Committee shall promptly report the township (town) people's Government, the transportation departments of the county level in accordance with the provisions of the preceding paragraph.

    29th the County and township (town) people's Government above the county level and the departments of transportation and road management agencies of any of the following acts, by its superior transportation departments of people's Governments or shall order rectification directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) failing to perform their duties of rural road maintenance;

    (B) the mobilization of rural road maintenance funds allocated not according to stipulations;

    (C) to embezzle, retain the Conservation Fund;

    (D) other acts of negligence, malpractice, abuse.

    Article 30th maintenance units in violation of the rules of any of the following acts, by the traffic authorities warned that the circumstances are serious, fined 200 Yuan more than 2000 Yuan the following fines:

    (A) in violation of the technical specifications and maintenance procedures;

    (B) no obvious warning signs is set in the conservation area;

    (C) free to interrupt traffic;

    (D) failing to collect waste, cleaning, maintenance, damage the ecological environment along the country road.

    31st rural road maintenance operations or assault management and maintenance personnel cause bodily harm by public security organs in accordance with the People's Republic of China public security management punishment law provides for penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    Articles 32nd County Road in these measures refers to where the people's Governments at the county level is connected with the Department's administrative area in neixiang County, (town) where the people's Governments, the main production and distribution roads, and not part of the national highway, provincial road, the main highway between the counties.

    Township Road is a county road that do not belong to the above the township (town) and township (town) and township (town) Highway with the external connections.

    Village Road is not belong to Township Road over highway construction and formed between and formed with external connection of the village road.

    33rd in the application of these measures by the provincial Communications Department is responsible for the interpretation of the specific problems. 34th article of the rules as of August 22, 2011.