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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

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Rural Highway conservation and management approaches in Blue Heavy Province

(Adopted at the 83th Standing Meeting of the People's Government of Blue Sea, 29 June 2011, No. 78 of 22 July 2011, by Decree No. 78 of 22 August 2011)

Chapter I General

Article 1 aims to strengthen the conservation and management of rural roads, to ensure that rural roads are well, safe and accessible, to promote sustained socio-economic development in rural economies, and to develop this approach in line with the People's Republic of China Highway Act and relevant national provisions.

Article 2

This approach refers to rural roads, land, commune and village.

The designations and numbers of communes, communes and villages are determined by provincial transport authorities in accordance with the relevant provisions of the Department's transport authorities.

Article 3. Rural road conservation and management are guided by the principles of integrated planning, parenthood, commune and commune (community) villages, which are regulated by law and secure access.

Article IV provides legal protection for rural roads, roads and their subsidiary facilities. Any unit or individual shall not be damaged or intrusive and shall not impede the conservation of construction operations.

Citizens and organizations have the right to investigate and prosecute damage or to intrus rural roads, roads, subsidiary facilities and other practices that affect rural road safety.

Chapter II

Article 5 Governments of provinces, states (localities, municipalities) should strengthen the leadership of rural road conservation and management.

The provincial transport authorities are responsible for the conservation and management of rural roads throughout the province, with their own high-level management body responsible for overseeing the conservation and management of rural roads throughout the province. State (territory, municipal) transport authorities oversee the conservation and management of rural roads within the present administration.

In accordance with their respective responsibilities, the development of reforms, finance, land resources, public safety, rural and urban construction, water, pastoral, forestry and environmental conservation in rural highway conservation and management.

Article 6 The Government of the People's Government is responsible for the conservation and management of rural roads.

The People's Government, under the leadership of the People's Government, is responsible for the day-to-day conservation and management of communes in the administrative region.

Article 7

(i) To prepare and monitor the implementation of rural road conservation plans;

(ii) Manage funds for the use of rural road conservation and provide social indications;

(iii) Monitoring the quality of inspection, archipelagic road conservation;

(iv) To guide the Government of the People's Government in the conservation of communes and villages;

(v) Establishment of basic data files for rural road conservation;

(vi) The management of rural roads within the Territory.

Under the guidance of the People's Government of the Village (Langger), the Villages (Grazing) organize the conservation and management of the road in the village, in accordance with the principle of the voluntary and democratic decision-making of the villagers.

Chapter III Conservation funds

Article 9. The Government of the people at the district level should set up conservation funds that are vested in the Government, allocate mechanisms for the integration of rural road conservation funds into the current fiscal budget and, in accordance with the growth in financial revenues and the development of rural roads, gradually increase the financing of rural road conservation.

Social investment is encouraged to support participation in rural road conservation.

Article 10 Regional transport authorities should prepare annual rural road conservation plans based on basic data, road conditions, etc. in the current administrative region, and report on provincial transport authorities on a case-by-step basis.

The provincial transport authorities are responsible for the approval of the annual rural highway conservation plan for all regions, and the provincial financial sector will be organized in an integrated manner, in accordance with the regional Rural Highway conservation plan.

Provincial transport authorities should establish a database for the conservation of rural roads throughout the province.

Article 11. Funds for rural road conservation for national and provincial financial subsidies are paid in full accordance with the annual Rural Highway Conservation Plan.

Rural Highway conservation funds raised by the State (territorial, municipal) and the Government at the district level are provided by the Finance Department, in accordance with the Annual Rural Highway Conservation Plan, in accordance with the relevant provisions.

Article 12. Rural Highway conservation funds are earmarked and no units or individuals may be stopped, crowded or diverted.

The district-level transport authorities should establish a system for the management of conservation funds, improve the efficiency of the use of funds, demonstrate the standards for the conservation of funds to the public at large along the border and submit annual funds to the provincial transport authorities on a case-by-step basis.

The financial, audit and inspection services should monitor the use of funds for the conservation of rural roads.

Chapter IV

Article 13. Rural roads should be conserved in accordance with national, provincial road conservation technical norms and operating protocols, maintain stability in the road trajectory, live side by side, sequestration and water availability, and the content of the bridge.

Article 14. Rural Highway works for more technically sound conservation, such as repair of conservation and higher-level access and bridges, are chosen by district-level transport authorities in accordance with the road paragraph or by region, to select professional conservation units, including through tendering.

Article 15. Districts are organized by district-level transport authorities to conserve professional conservation units and conclude conservation contracts; communes are organized by the commune (communes) people's Government, including through employment, commissioning, contracting, etc., to organize daily conservations along the farmer's subparagraphs along the line and to conclude conservation contracts; villages are organized by the Village (Grazing) People's Committee, for example, through the adoption of sub-contracting, mass condom conservation, etc.; and in the village, the village roads are defined by the Villagers' Commission in a manner consistent with local farming organizations. The achievements of conservation work have been highlighted, and awards have been made by the communes.

Units and individuals along rural roads should support collaboration with rural road conservation.

Article 16 provides technical training for pastoralists engaged in road conservation and technical guidance for rural road conservation.

The communes of the village, along the village commune (communes) are guided by the Government of the People's Council to organize a survey of the situation of rural roads by farmers of pastoralists, finding that the road collapses, pit tanks, Lunges, etc. should be reported promptly to the commune or district transport authorities.

Article 17 In the area of rural road conservation operations, the following security provisions should be observed:

(i) The establishment of clear warning signs between the area of operation or the construction route;

(ii) Professional conservation operators should be bound by security markers;

(iii) The conservation of operating vehicles, mechanical equipment should establish clear operational symbols;

(iv) To operate at night or under harsh weather conditions, a warning signal should be installed on the ground;

(v) The residues should be cleaned in a timely manner after the completion of the conservation operation.

During the rural Highway conservation operation, the basic conditions and safety of vehicle movement should be guaranteed and the transportation shall not be interrupted by the conservation operation.

Transport must be disrupted by conservation operations, which should be made available in advance to the public security authorities' transport authorities and be marked by the provision of circumventories.

Article 19 states (territory, municipal), district-level transport authorities should develop rural road hiding emergencies. In the event of severe natural disasters, such as cement, snowfall, cigarette and water degradation, causing disruption or serious damage to rural roads, the local people's Government was requested to restore traffic as soon as possible, in accordance with the pre-emption organization. In the short term, it should be constructed either on a temporary basis or on a point of departure.

The district-level transport authorities should report in a timely manner on the state of the population and the secondary transport authorities.

Article 20 Traffic authorities at the district level, communes (communes) Governments should strengthen the maintenance and management of facilities such as rural road traffic signs, brands. The establishment of clear traffic symbols and security protection facilities is provided for in terms of bridges, tunnels, acute slopes or dangerous road blocks.

Article 21, the communes, the communes (communes), the Government of the people should integrate the exhumations required to address the conservation of rural highways, stones, access to water, and operational lands, and the Village (grazing) Committee should provide support and assistance.

In accordance with article 22, the authorities of the communes, the communes (communes) should be able to green the rural road, in accordance with the requirements of the green planning and road conservation technology norms, in accordance with the principle of “inferred forests”.

The conservation of rural roads should be subject to the relevant laws, regulations, strengthening the protection of the ecological environment along rural roads and combating water erosion.

Chapter V

Article 23 Traffic authorities at the district level should establish a road inspection system in accordance with local practice and organize regular road visits by road law enforcement officials, such as the completion of the inspection records, the timely destruction, damage or the unlawful occupation of roads, roadfields and road subsidiary facilities and activities affecting road safety.

Article 24 covers the area of construction control on both rural roads: no less than 10 metres, no less than 5 metres in communes and less than 1.5 m in the village.

No unit or individual shall take ownership of and excavate rural roads.

There is a need to be occupied, excavated rural roads, construction units or individuals should, in advance with the consent of district-level transport authorities, affect the safety of transportation, subject to approval by the public security transport management authorities; and the need for occupation, excavation of village tunnels, should also obtain prior consent from the Village (Grazing) Committee.

Construction units or individuals who occupies, exhumes rural roads should be rehabilitated, renovated or compensated in accordance with the technical standards of the former Highway.

No units and individuals shall be allowed to carry out the following acts in rural roads and in rural roads:

(i) Concrete food and livestock;

(ii) To be seated;

(iii) Exhumation of water, extraction and irrigation;

(iv) dumping of garbage and subsoilers;

(v) Soils and other barriers.

Article 27 Overflights, hyperstigated transport vehicles must be approved by the district-level transport authorities and in accordance with the requirements for effective protection measures; they should also be approved by the transport management of the same public safety authority.

Chapter VI Legal responsibility

Article 28, in violation of article 26 of this approach, provides for damage, affecting the safe passage of communes and communes, and is being rectified by the order of the district transport authorities; rejects the correctness and punishes the following:

(i) A fine of 50 dollars in violation of article 1, paragraph 2,;

(ii) In violation of the third provision, a fine of up to 2,000 dollars;

(iii) In violation of article 4, paragraph 5, a fine of up to 50 million yen.

In violation of article 26 of the present approach, damage, affecting the safe passage of village tunnels, members of the village (grazing) shall be responsible for the cessation of the violation by the parties and the restoration of the status quo; the refusal to stop the violation shall report in a timely manner to the Government of the people of the village (community), which shall be dealt with by the district-level transport authorities in accordance with the preceding paragraph.

Article 29, People's Government and district authorities and their high-level transport authorities are one of the following acts, which are rectified by the Government of their superiors or by the transport authorities; administrative disposition of persons directly responsible and other direct responsibilities by law; and criminal liability by law:

(i) Failure to fulfil the responsibility for the conservation of rural roads in accordance with the law;

(ii) Mobilization of funds for the conservation of rural roads, as prescribed;

(iii) Expropriation, misappropriation and seizure of conservation funds;

(iv) Other acts of negligence, favouring private fraud and abuse of authority.

Article 33, in violation of this approach, is one of the following acts, which are warned by the transport authorities in accordance with the law and are severely punished by fines of over two thousand dollars:

(i) Violations of the regulatory and operational aspects of conservation technologies;

(ii) There are no visible warning signs in the area of conservation operations;

(iii) Arbitrary interruption of transport;

(iv) No timely collection, clean-up of waste and damage to the ecological environment along rural roads.

Article 31 impedes the construction of rural roads or inflicts physical harm on the management of the conservator, which is punished by the public security authorities in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China; and constitutes a criminal offence punishable by law.

Chapter VII

Article 32 of this approach refers to the location of the commune (commune) government, the main commodity production and catchment roads, and the main intergenerational roads that do not belong to the State, the province.

The communes refer to roads that are linked to external links between communes and communes ( Towns).

Villages refer to roads between the construction villages that do not belong to the roads and the construction villages, as well as the construction of villages and external links.

Specific issues in the application of this approach are explained by the provincial transport authorities.

Article 34 of this approach is implemented effective 22 August 2011.