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Administrative Measures On Rural Road, Shanghai City

Original Language Title: 上海市农村公路管理办法

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Rural Highway management approach in Shanghai

(It was considered at the 101st ordinary meeting of the Government of the Shanghai City, held on 28 March 2011, through Decree No. 63 of 30 March 2011 of the Government of the Shanghai City, which was issued as from 1 May 2011)

Chapter I General

Article 1

In order to strengthen rural road management in this city, rural roads are guaranteed smoothly, to promote economic and social development integration in rural and urban areas, and to develop this approach in line with the provisions of the People's Highway Act, the Shanghai City Highway Regulation and other relevant laws, regulations.

Article 2

This approach applies to the planning, construction, conservation and management of rural roads and their subsidiary facilities within the city's administration.

Article 3 (Definition)

This approach refers to rural roads that are included in the city's road planning and are in line with the set-up communes, villages, including communes, bridges, tunnels and holes within the village.

communes refer to the construction by the commune (commune) people's government, which is connected to the location of the commune (communes) people's government and its administrative villages under its jurisdiction, between communes (communes) and communes (communes) and external road networks.

Villages refer to roads organized by the Village People's Commission to link between the administrative village and the administrative village and the external road network.

Article IV (Management responsibilities)

The construction of the transport administration sector in the Shanghai City is the authorities of the rural roads in this city responsible for organizing this approach, and its municipal road management is responsible for the supervision of rural roads throughout the city.

The regional (territorial) construction of the transport administration sector is responsible for the management of rural roads within the Territory, and the district (zone) highway management is responsible for the specific management of rural roads within the Territory.

The executive branch, such as the city's development reform, the planning of the land, public safety transport, transport ports and the greening city, is implementing this approach in line with their respective responsibilities.

Article 5

The Government of the commune (communes) is responsible for the construction of the communes within the Territory; the Village People's Commission, under the guidance of the local people's Government, is responsible for the construction of village trajectories, in accordance with the principle of the voluntaryity of villagers.

The People's Government and the Village People's Commission should work in conjunction with the Regional (Parliament) Highway management for rural roads.

Article 6 (Management and advocacy requirements)

The people's Government should establish a rural highway investment security system that will prioritize the rehabilitation of dangerous bridges and the construction of rural roads that are closely linked to the productive lives of farmers.

The authorities, managers and equipment should be implemented in accordance with the realities of rural roads within the Territory.

Governments of the urban, district (zone) to build transport administration and road management and communes (communes) should promote the management provisions and conservation knowledge of rural roads and increase farmers' access to roads, escorts.

Article 7

The construction of the transport administration sector in the city and in the district should lead to the establishment of a rural road construction and conservation of financial financing management system with the relevant sectors. Rural road construction and conservation finance should be subject to financial, auditing and inspection.

The Government of the commune (communes) should make use of financial funds for the construction of the rural highway to the cities along the road (communes) and the village public. The villagers' councils should make use of funds for the construction of rural roads from which the village is self-funded, as requested by the villagers.

Chapter II Planning and construction

Article 8 (planning)

The development of rural road planning should follow up on the principles of the protection of arable land, saving land, environmental protection and adapt to local real needs and economic conditions.

The commune planning is prepared by the Regional (Parliament) to build the transport administration sector to hear the views of the relevant executive branch and the concerned communes (communes), with the approval of the city's Government following the first instance of the People's Government and the municipal transport administration.

Village planning is organized by the People's Government of the commune (communes) to build the transport administration sector and the planning management, to integrate village planning after the approval of the People's Government of the District (Parea) and to report on the municipal road management system.

Article 9

When commune planning is organized, the construction of the transport administration sector (zone) should seek social public advice through government websites, the media, etc. The draft was not less than 10 days.

In organizing village mapping, the Government of the commune (communes) should seek the views of villagers along the village. The draft was not less than 10 days in the village announcement. The Villagers' Committee along the village should convene villagers' meetings or villagers' representatives meetings on the draft village plot planning and submit their views to the commune (communes).

The organizational structure for commune planning and village planning should conduct research with the relevant authorities on feedback and respond to the comments in a timely manner.

Article 10

The Government of the communes (communes) should prepare, in accordance with the communes, a commune building plan, which is implemented after the approval of the statutory process and to report on the establishment of a transport administration sector.

Villagers' councils should prepare village construction plans in accordance with village planning and funding implementation, as well as the construction of transport administrations in the region (zone).

Cross-zonal (zone) or cross-communication (community) communes, village construction plans are coordinated by the municipal transport administration sector or by the district (area) construction of transport administration.

The construction of the transport administration sector should be summarized in the communes, village construction plans and their implementation, and the construction of transport administration in the city.

Article 11

The construction of land in rural roads should be conducted in accordance with the relevant laws, regulations and regulations.

After the return of the rural collective land, the increased cropland represents a balanced indicator that will give priority to the construction needs of the villages identified in the village land construction plan.

Article 12

The construction criteria for communes should not be lower than the three-tier road standards. Paragraphs of the natural conditions, such as terrain, geological conditions, may be properly reduced in the context of ensuring safety without lower than the four-tier highway standards, following an argument by the regional (zone) road management body.

The construction criteria in the village are not lower than the four road standards. Among them, the construction criteria for the village of transport vehicles are not lower than the four road standards for two vehicles.

Rural roads should establish transport safety facilities, such as transport markings, mark lines, safety and security facilities, in accordance with the relevant provisions and standards of the State and the city.

Article 13

The capital of the communes is dominated by financial funds from the communes (communes) Government, which receive appropriate subsidies from the municipalities and districts (at the district).

The construction of the village has been dominated by the self-financing fund of the Village People's Committee, which has been properly subsidized by the Government of the urban, district (zone) and communes (communes).

Funding for rural road construction is encouraged through other legitimate channels and approaches.

Article 14.

Rural roads should be built in accordance with relevant laws, regulations, regulations and technical standards, norms. Regional (territorial) road management should monitor the quality and safety of rural roads.

More than two rural highway projects in the same commune (commune), the communes (communes) may organize joint tenders under the guidance of the district (zone) road management. However, tenders should be organized separately for the construction of the bridge, the special bridge.

In addition to the need for the establishment of a prison unit through tenders by law, other village construction projects could be established by the Regional (Parea) Highway Authority to establish a engineering unit free of charge.

Article 15 (Technical guidance)

The construction units of the rural highway construction project should seek advice from the construction map design document to the district (zone) road management body, which should provide technical guidance in a timely manner.

Article 16 (name and number)

Prior to the completion of the rural roads, the Government of the communes (communes) should build the transport administration sector in the rural Highway name area (at the district) and be determined by the establishment of the transport administration sector to seek advice from the topographic management in the district (zone).

The Rural Highway name of the Trans-Sector (Parliament) has been established by the establishment of the transport administration sector in the district (zone) to report on the construction of the transport administration sector, which has been determined by the municipal transport administration to seek advice from the municipal topographic management.

The number of rural roads is implemented in accordance with the relevant national provisions.

Article 17

After the new construction, alteration of rural roads have been completed, construction units should submit a written request for conservation transfers to the area (the district) construction of transport administrations, as well as conservation information, such as the request for lists of highway facilities, the completed engineering archives.

The construction of the transport administration sector should take place in the first instance of the request for conservation transfers and submit the requested applications and relevant information to the municipal transport administration. The city-building transport administration should complete the rural highway identification process within 30 days of receipt of the request and inform the district (zone) of the results in the construction of the transport administration. The urban highway management structure should incorporate rural roads into the city's highway facilities in a timely manner, based on the finding.

Following the determination of the rural roads, the construction of the transport administration sector in the district (zone) should conclude a rural road conservation agreement with the construction units.

Article 18

The communes (communes) and the Village People's Committee should build the transport administration sector in the rural highway where the function is lost, with the consent of the district (zone) to plan the management sector.

The construction of the transport administration sector and the commune (communes) people's Government should make the abandoned rural roads available to society in a timely manner and establish clear signs.

The zonal (zone) planning administration should redefine the land-use nature of the abandoned rural roads, as required by land-use planning.

Chapter III Conservation management

Article 19

Rural roads that incorporate the volume of road facilities in the city are managed by the district (zone) road management.

As a result of the changes in road planning requires the adjustment of the administrative level of rural roads or the loss of functionality of rural roads, the construction of the transport administration sector in the district (zone) should, in a timely manner, process changes in road facilities to the urban road management authorities.

Article 20

Regional (territorial) highway management agencies should prepare the annual plan for conservation and management of rural roads, based on highway facilities, rural road conservation technical norms and conservations, and include them in the annual conservation and management plans of the Territory's Highway, with the approval of the transport administration sector.

Rural road conservation technology norms and conservations are developed by municipal transport management agencies.

Article 21

Rural Highway conservation management funds are dominated by the financial funds of the people's governments in the district (zone) and are adequately subsidized under the State's Highway Conservation Fund allocated to the city.

The Government of the commune (communes) should arrange some funding for rural road conservation, in accordance with the realities of the Territory.

Article 2 (Conservation operations unit)

Regional (territorial) road management agencies should take open tenders to select units that are responsible for rural road conservation operations.

In the case of small rural road repairs that do not have statutory solicitation conditions, the district (zone) highway management can entrust the Government with the selection of conservation units.

Article 23.

Regional (territorial) highway management agencies should conduct at least a technical situation test and survey of rural roads, in accordance with the criteria for the assessment of the state of the highway technology, with the timely identification of rural roads and medium-term engineering projects.

The rural highway and medium-sized construction projects should be completed in accordance with the criteria for the quality test of road conservation works in the city.

Article 24 (Migration management)

The city-building transport administration sector should organize the development of a regulatory system for the management of rural road bridges and conservation technology.

Regional (zone) road management should establish dedicated bridge conservation engineers. The Maximization Engineer is responsible for:

(i) Technical guidance on the management of rural road bridges;

(ii) Drafting the annual conservation and management plan for rural road bridges;

(iii) Organizing training on the technical operation of the rural Highway Conservation Unit related to technical personnel.

Article 25

Regional (territorial) highway management should perform inspection duties on the quality of the rural roads in the Territory, in accordance with the rural road bridge management system, and keep the relevant inspection records.

In one of the following cases, the regional (territorial) highway management should commission a corresponding qualitative test unit to test the bridge:

(i) The damage caused by the damage caused by the floods, the collisions of objects, natural disasters or heavy vehicles;

(ii) The poor state of the bridge technology meets four categories, five criteria or the causes of the damage and the extent to which it is difficult;

(iii) Bridges need to increase the pay cycle;

(iv) Other cases where testing is necessary.

Regional (territorial) highway management agencies should organize, in accordance with the relevant inspection findings, timely replacement of the mark and the implementation of bridge maintenance, consolidation and rehabilitation measures, as required by the rural Highway management system.

Article 26

The Government of the People's Government should take immediate measures to prohibit or limit movement and inform the public security transport authorities in a timely manner of the bridge that has been affected by severe damage.

Regional (territorial) road management agencies should build transport administration and municipal road management authorities in a timely manner. The construction of the transport administration sector should prioritize the implementation of the related funding and the timely organization of bridge maintenance operations.

Article 27

Regional (zone) road management authorities should establish rural road conservation management files.

Regional (territorial) road management agencies should collect, update and provide statistical and analytical work on the basis of conservation management.

Rural highway data should be included in the urban highway information management system.

Article 28

There shall be no arbitrary logging and relocation of trees within their communes. There is a real need to update the harvest and, with the consent of the municipal transport administration, to process the approval process in accordance with the relevant provisions of the law, regulations and regulations and to update them.

Villages and trees within their land area require deforestation or relocation, with the consent of the Village People's Committee; there is a security situation affecting the roads of the village, the village's roads and the slopes, which should require the applicant to take security measures and to rehabilitate them in a timely manner.

Chapter IV

Article 29

No units and individuals shall be allowed to establish cards and fees on rural roads without legal approval.

Rural roads and their use are prohibited by:

(i) The use of rural road bridges to carry out construction exercises such as cables, bandwidth, loading, and the setting of high power lines exceeding the prescribed standards and flammable trajectory lines;

(ii) To shut down vessels under rural road bridges;

(iii) Removable items, unauthorized fire operations, permanent facilities or self-help temporary facilities at a bridge on rural roads;

(iv) Explore or destroy operations;

(v) Obstacles and exhumation;

(vi) To establish assessment points, rescinded items, staple foods, crop cultivation and livestock;

(vii) The dumping, garbage and burning of all types of wastes;

(viii) Seizure of watersheds, landing blocks;

(ix) Reakage of motor vehicles, dispersion, enclaves or escorts;

(x) To use rural roads as a venue for testing motor vehicle mobility;

(xi) Damage or unauthorized alteration of paints, mobile rural highway facilities;

(xii) Damage, pollution of rural roads and other acts affecting the accessibility of rural roads.

Article 33 (Constraints)

Villagers or other units and individuals are engaged in the following acts within village and village land, with the consent of the Village People's Committee, and the villagers' Committee has agreed that the District (Parea) Highway management case should be reported:

(i) Temporary occupation and excavation of village and village land;

(ii) Construction of bridges or structures, planting lines, etc. across, through village routes, and facilities such as the construction, planting line, cables, etc. within the area of village land;

(iii) The addition of a parallel crossroads on village routes;

(iv) The setting of non-road signs, such as brands, advertisements, within the area of village and village spaces;

(v) The vehicle or vehicle vehicle vehicle is carrying more than the village trajectory criterion or the restricted condition of movement, which is required.

The Village People's Committee had committed the pre-implementation of the provision, which should be reported to the District (Parea) Highway administration.

The communes and the communes involved in the conduct of the provisions of paragraph 1 of this article shall be governed by the relevant laws, regulations.

In carrying out the above-mentioned acts, the Highway Authority should be assigned to technical guidance on the ground to avoid damage to rural roads.

Article 31 (closed rural roads)

Due to the fact that construction operations and conservation operations require the closure of rural roads, the zonal (zone) highway management body should set a clear warning signal at both the rural highway; it could be circumvented and should also set instructions at the crossing points.

Prior to the implementation of the closure of rural roads, the Highway Authority should notify the relevant communes (communes) and the villagers' councils, and will jointly issue a notice of closed rural roads, including through the media, village gestures.

Article 32 (Currence)

Regional (territorial) highway management should establish a day-to-day system for rural roads, which will be stopped, inspected and corrected by law violations of road administration.

The People's Government and the Village National Commission should assist in the day-to-day survey of rural roads; identify violations of the management of the roads or report, and should promptly report the relevant situation to the Highway Authority.

Article 33 (Asset disposal)

The construction of the transport administration sector in the district (zone) should develop emergency preparedness cases for rural road emergencies in the Territory.

As a result of the sudden incident, the rural roads and their subsidiary facilities have been damaged and severely affect the safety of transport, the Government of the People's Highway Authority or the communes (communes) should be sent to the local authorities and immediately report on the construction of transport administration.

The construction of the transport administration sector should be organized immediately in accordance with the requirements of the emergency prestigation; in the short term, it is difficult to rehabilitate and should be built either on a temporary basis or at a road point indicating the route.

Chapter V Legal responsibility

Article 34 (The provisions of the law)

In violation of this approach, laws, regulations, regulations and regulations have been provided for in their provisions.

Article 33 (Convention of prohibited acts)

In violation of article 29, paragraph 1, of this approach, the construction of cards and fees in the village area is ordered by the construction of the transport administration in the district (the district) to put an end to the offence and to impose a fine of more than 1000 dollars.

In violation of article 29, paragraph 2, of this approach, the practice of prohibitions under subparagraphs (i), (ii), (iii), (iv), (xi) and (xi) of the village is punishable by the construction of the transport administration sector in the district (zone) and by fines of up to $50 million; in exceptional circumstances, fines of up to 500,000 dollars.

In violation of article 29, paragraph 2, of this approach, it is in the village to engage in prohibited acts under subparagraphs (v), 6, 7, 8), 9 and 10) of Article 29, paragraph 2, of the scheme, with the establishment of the transport administration sector, which is subject to a fine of up to US$ 100 million; in exceptional circumstances, fines of up to 00 million dollars; unprocessarily corrected, the construction of the transport administration sector (at the district) may be removed and the costs incurred by the person concerned.

Article XVI (Conference of a breach of a licence)

In violation of article 31, paragraph 1, of this approach, the construction of the transport administration sector is governed by the following provisions:

(i) In the event of subparagraphs (i), (ii), (v) in order to put an end to the offence and to impose a fine of up to 100 million dollars; and, with serious consequences, a fine of up to $50 million.

(ii) In the event of subparagraph (iii), the restitution of the status quo shall be subject to a fine of more than 1,000 dollars.

(iii) In the event of subparagraph (iv), the deadline for the removal and the fine of up to $50 million could be imposed; the late removal of the cost was mandatory and the costs incurred by the offender.

Article 37 (Option of penalties)

The construction of a transport administration sector can commission administrative sanctions under this approach by the district (zone) road management authorities.

Article 338 (Administrative responsibility)

In violation of this approach, the construction of the transport administration sector and the road administration, the commune (communes), the people's Government, and other relevant administrative departments and their staff, are governed by the law by the units or superior authorities to the competent and other direct responsible personnel directly responsible; constitute offences and hold criminal responsibility under the law:

(i) Non-compliance with the law and non-compliance with the responsibility for the management and oversight of rural roads;

(ii) It is not possible to determine the basis for or violate the law enforcement process;

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

The city-building transport administration sector should conduct a review of the conservation and management of rural roads throughout the city and review the results as one of the basis for the allocation of funds for conservation and management subsidies at the next municipal level.

Annex VI

Article 39 (As of implementation)

This approach was implemented effective 1 May 2011.