Administrative Measures On Rural Road, Shanghai City

Original Language Title: 上海市农村公路管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351919.shtml

Administrative measures on rural road, Shanghai City

    (March 28, 2011 the 101th meeting of Shanghai Municipal review March 30, 2011, Shanghai Municipal People's Government promulgated as of May 1, 2011, 63rd) Chapter I General provisions

Article I (purpose and basis)

    In order to strengthen the management of rural roads in the city to guarantee smooth rural highways in good condition, promote the integration of urban and rural economic and social development, according to the People's Republic of China Road, Shanghai City Road Act, the regulations and the provisions of other relevant laws and regulations, combined with the city's actual, these measures are formulated.

Article II (scope of application)

    Of rural roads and ancillary facilities within the administrative area of the city planning, construction, maintenance, and management, application of this approach.

Article III (definition)

Rural roads in these measures refers to highway planning and construction standards of compliance, into the City Road, village road, including road and village road bridges, tunnels and culverts.

Xiang DAO is a township (town) people's Government building, connection of township (town) between the jurisdiction of the municipalities and villages and township (town) and township (town) and township (town) Highway with the external network.

    Village Road is a village Committee organization, connecting villages and villages and between villages and roads between external road networks.

Fourth (management responsibility)

Shanghai construction and traffic Administration Department is the Department of rural roads in this municipality, is responsible for organizing the implementation of these measures; city of its highway administrative departments are responsible for the supervision and management of rural roads in the city.

The district (County) of construction and traffic administration in accordance with the responsibility, is responsible for the management of rural roads within their respective jurisdictions; it belongs to the district (County) Highway administrative departments are responsible for the specific management of rural roads within their respective jurisdictions.

    The municipal development and reform, land planning, traffic, traffic ports and greening the city administration in accordance with their respective responsibilities, to coordinate the implementation of these measures.

Fifth (duties of the Township Governments and village committees)

The township (town) people's Government shall be responsible for the area in neixiang county road construction work; a villagers ' Committee under the authority of the local people's Government, in accordance with the principle of villagers volunteered, responsible for road construction work.

    The township (town) people and villagers ' committees shall meet (s) the highway administrative departments good management of maintenance of rural roads and highways.

Sixth (management and publicity requirements)

Area (s) people's Government the establishment of rural highway investment protection system, dangerous bridge reconstruction priority subsidies and rural highway construction closely related to farmers ' production and livelihood.

The district (County) road management agencies and township (town) people's Government shall, in accordance with the realities of rural highway within the jurisdiction, the corresponding regulatory agencies, management personnel and equipment.

    Municipal, district (County) of construction and traffic administration and management institutions and township (town) people's Governments should adopt various forms to promote rural highway related regulations and conservation knowledge, improving their love road, watch the awareness.

Seventh (regulatory capital) Municipal, district (County) of construction and traffic Administration Department shall, jointly with relevant departments to establish rural road construction and maintenance and financial management systems.

Rural road construction and maintenance funds shall be subject to financial, audit supervision, inspection. The township (town) people's Governments shall HONGO (town) along the rural highway construction funds to the highway Township (town) or village government affairs public.

    Villagers ' committees should be raised in the village of rural highway construction in the use of funds, in accordance with the requirements of village affairs public.

    Chapter II planning and construction

Eighth (planning)

Rural road planning should be implemented to protect cultivated land and economizing land use, environmental protection principles and adapted to local needs and economic conditions.

Township roads planned by the district (County) of construction and traffic administration responsive to the district (s) relating to the Administration and to the township (town) people's Government Organization after establishment, district (County), construction and traffic administration departments, and the people's Governments for examination and then submitted to the municipal people's Government.

    Village planning by the township (town) people's Government, in conjunction with the district (County) establishment construction and traffic Administration Department and Planning Department, reported to the district (County) in village planning after the Government approved and submitted to the municipal road management agencies for the record.

Nineth (draft for soliciting opinions) Organization of township road planning, district (County) of construction and traffic administration departments through Government websites, news media, Township road plan draft for public comment.

Draft public notice not less than 10th. Organization of village road planning, Township (town) people villagers along the road planning should be consulted on the draft opinion. In village affairs in the public bar of the village along the draft notification of not less than 10th.

Cun village along a village road planning should be the draft village meetings or villagers ' representative meetings to discuss and summarize the opinions submitted to the township (town) people's Government.

    Town planning and road planning, the establishment of the authority shall, in conjunction with the departments concerned to study the feedback and timely treatment of the reply.

Tenth (construction planning)

The township (town) people's Government shall, in accordance with Township road planning, preparation of township road-building plan, approved by the statutory procedure implementation and report to the district (County) of construction and traffic administration departments for the record.

A villagers ' Committee shall, in accordance with implementation of road planning and construction funds, preparation of village road construction plans, district (County) of construction and traffic administration departments for the record.

Trans-regional (County) or townships (towns) of the Township Road and village road construction plan, respectively, by the urban construction and traffic Administration Department or the district (County) of construction and traffic Administration Department is responsible for coordination.

    The district (County) of construction and traffic Administration Department shall Township Road, village road construction plans and their implementation, after urban construction and traffic administration departments for the record.

11th (rural roads)

Rural highway construction land use shall, in accordance with the provisions of the relevant laws, regulations, rules and approval procedures.

    After the rural collective land reclamation, increased cultivated land requisition-compensation balance indicator gives priority to road-building plan of the village village road construction needs.

12th (construction standards) Township roads may not be lower than three Highway standards.

Sections subject to topography, geology and other natural conditions, district (County) road management organization verification, can be subject to lower standards for ensuring security, but not below the grade road standards. Village road construction may not be lower than grade Highway standards.

Among them, village road construction standards for public transport vehicles shall be not less than four-lane highway standards.

    Rural roads should be in accordance with the relevant provisions of the State and this municipality and standard set of traffic signs, markings, security facilities, traffic safety facilities.

13th (capital)

Township road construction funds of township (town) people's Government financial funds, municipal, district (County) shall give appropriate subsidies.

Road construction funds to the self-financing of the villagers ' Committee, municipal, district (County) and township (town) people with appropriate subsidies.

    Encourage rural highway construction in through legal channels and other ways to raise funds.

14th (construction management) Rural roads should be in accordance with the relevant laws, rules, regulations, and technical standards and specifications for construction.

The district (County) road management agencies should be imposed on rural highway construction quality and safety supervision and management. Belonging to the same townships (towns) two per cent of the rural road and tendering for construction projects, the township (town) people's Government in the district (County) road management agencies, under the guidance of merged bid.

Bridge, the bridge of tendering for construction projects should be organized separately.

    Apart from the legally required supervision units were determined by bidding, and other road-building project, by the district (County) road management agencies set up project management group, provides supervision services for free.

15th (technical advice)

    Rural highway construction units shall be construction drawing design documents to the district (County) road management agencies for comment, district (County) road management agencies should provide technical guidance in a timely manner.

16th (name and number)

Rural road before acceptance, Township (town) people's Government rural road name should be reported to the district (County) of construction and traffic administration departments, district (County) of construction and traffic administration departments to seek the district (County) names after the Department determined.

Districts (counties) name of a rural road by the district (s) reported construction and traffic Administration Department, construction and traffic administration, the urban construction and traffic administration departments to seek city names after the Department determined.

    Rural roads numbered in accordance with the relevant provisions of the State.

17th (transferred to take over)

Construction, reconstruction of rural roads after the acceptance, the construction unit shall be to the district (s) writing conservation construction and traffic Administration Department of a transfer application, and highway infrastructure as required quantity lists, files and other management information. The district (County) of construction and traffic Administration Department shall, to the conservation of a transfer application at first instance, and will meet the requirements of the application and related information submitted to the urban construction and traffic administration departments. Urban construction and traffic Administration Department shall, upon receipt of the application in the 30th, rural highway work to identify and communicate results to the district (County) of construction and traffic administration departments.

Municipal road management should be based on the results in time for the highway infrastructure, rural roads into the city.

    Rural road after it has been identified, district (County) of construction and traffic Administration Department shall sign transfer of rural road maintenance and construction units to take over agreement.

18th (abandoned and announcement)

The township (town) people's Governments and villagers ' committees shall report the lost function of rural highway district (County) construction and traffic Administration Department, and the district (County) of construction and traffic administration with the consent of the district (County) plan announced after the Administration agreed to scrap.

The district (County) of construction and traffic administration departments and township (town) people's Government should be deserted rural highway announced to the public in a timely manner, and the establishment of clearly marked.

    Area (s) planning administrative departments shall, in accordance with the requirements of the land use planning, and redefine the nature of land use of abandoned rural roads.

    Chapter III maintenance and management

19th (maintenance management)
Highway facilities of rural road into this city, by the district (County) road administrative organizations responsible for conservation management.

Changes need to be adjusted because of highway planning Highway administrative levels in rural areas, abandoned or lost use of rural highway features, district (County) to the municipal road construction and traffic Administration Department shall promptly change management agency for road facilities.

20th (conservation and management plan)

The district (County) road management agencies should be based on highway infrastructure, rural road maintenance technical specifications and maintenance quota, preparation of rural road maintenance and management of the annual plan, and its inclusion in the annual conservation and management plan of the area highways, district (County) of construction and traffic Administration for approval before implementation.

    Technical specification for rural road maintenance and preservation of the fixed, developed by the municipal construction and traffic administration departments.

21st (maintenance funds)

Management of rural road maintenance funding to the district (County) Government financial resources, and state highway maintenance and management of funds appropriated to this city with appropriate subsidies.

    The township (town) people's Government according to the actual situation of the jurisdiction, certain funds for rural road maintenance.

22nd (maintenance units)

The district (County) road management should take the form of open tendering, selected principals of rural road maintenance operations.

    To rural roads do not have legal tender repairs and maintenance jobs, district (County) along the highway authority may delegate the township (town) people's Government selected conservation units.

23rd (works)

The district (County) road management should follow the highway technology status evaluation standards, rural roads at least once a year the technical inspection and investigations, identify rural roads, repair projects in a timely manner.

    Rural roads, repair projects, quality inspection and assessment of highway maintenance, shall, in accordance with the standards for acceptance.

24th (bridge)

Urban construction and traffic administration departments shall organize the development of the rural municipality of Highway and bridge maintenance and management system and maintenance procedures. The district (County) road management institutions shall set up full-time bridge maintenance engineer.

Bridge maintenance engineer is responsible for the following:

(A) for rural road and bridge maintenance and management guidance;

(B) drafting of annual maintenance and management plans of rural highway bridge;

    (C) Organization of rural road maintenance unit of bridge technology technician training.

25th (bridge inspection)

The district (County) Highway administrative departments shall, in accordance with the rural highway and bridge maintenance and management system for the area of quality and safety of roads and bridges in rural areas carry out inspection duties, and make inspection records.

Any of the following circumstances, the district (County) road management agencies should entrust a qualified testing unit testing of bridge:

(A) the bridge by flood erosion, neo impacts, natural disasters or damage caused by overweight vehicles;

(B) bridges in poor condition to reach category four, five standard or extent of damage reasons of bridge, as well as difficult to ascertain;

(C) the bridge need to increase load;

(D) there is a need for testing in other circumstances.

    The district (County) road management agencies should be according to the relevant inspection results, the timely replacement of load limit signs and management of rural highway bridge work requires organizations to implement bridge maintenance, reinforcement and renovation measures.

26th (disposal of damaged bridges)

On the badly damaged bridge that affect traffic safety, district (County) road management organizations or of township (town) people's Government should take immediate measures to prohibit or restrict access, and promptly notify the public security traffic Administrative Department. The district (County) road management should be the bridge for damage and repair recommendations, report (s), roads, construction and traffic Administration Department and regulatory agencies.

    The district (County) of construction and traffic administration departments should give priority to the implementation of relevant funding organizations implement bridge maintenance operations in a timely manner.

27th (archives and information management)

The district (County) road management agencies shall establish a rural road maintenance management.

The district (County) road management organizations should be collected, updated on a regular basis data of rural highway information and related statistical and analytical work, and provide the basis for conservation and management.

    Rural roads, highway information, data information should be integrated into the management system.

28th (felling of trees) Township roads and trees shall not be felled, in the context of migration.

Need to update cut, shall obtain the concurrence of the urban construction and traffic administration departments, in accordance with the relevant laws and regulations and approval procedures, and updating the replant.

    Village Road and its use within the trees need to be cut down or transfer shall be agreed by the village Committee; road surface is flat, village road damaged base and slope affect the prevailing security situation, the villagers ' Committee shall require the applicant to take safety measures and promptly repaired.

    The fourth chapter management

29th (prohibited acts)

Without approval, no units or individuals may set up checked posts in the rural roads, pay.

Rural road and its land area is prohibited to engage in the following behavior:

(A) use of rural highway bridges with cable, stretching, lifting and other construction work, set in excess of the prescribed standards of high-voltage power lines and combustible and explosive pipelines;

(B) in the mooring of vessels under the rural roads and bridges;

(C) in rural highway bridge, bridge piling up inflammable or explosive goods, hot work, build a permanent facility without authorization or permission to build temporary facilities;

(D) borrow or blasting operations;

(E) obstacles, ditch water;

(F) setting up stalls, stacked items, and cleaning grain drying and the planting of crops and keep their cattle;

(G) the dumping of waste, refuse, incineration wastes;

(VIII) of blocking drainage ditches, filling ditches;

(I) the motor leaking, scattered, flying parabolic out or attendant;

(10) rural roads as a venue for testing vehicle braking performance;

(11) damage to or unauthorized alteration, moving, ancillary facilities of roads in rural areas;

    (12) damage, pollution, rural roads and other acts affecting rural highway operation.

30th (restrictions)

Villagers or other units and individuals in the village road and village road within the following acts, shall, with the consent of the villagers Committee; after villagers ' committees agree, shall be submitted to the district (County) road management agencies for the record:

(A) the temporary occupation of land and mining village road and village road;

(B) cross, cross the village road bridge or the erection, laying of pipelines and other facilities and village road within the erection, laying pipelines, cables and other facilities;

(C) addition of the level crossing on the village road;

(D) the land within the village road and village road signs, billboards and other non-road signs;

(E) the objects over road vehicles or vehicles carrying limited set out standards or restrictive traffic conditions but is really necessary to pass.

Villagers ' committees to implement the provisions of the preceding paragraph shall be submitted to the district (County) road record.

Township roads and township roads within the range specified in the first paragraph of this article, shall, in accordance with the relevant laws and regulations and approval procedures.

    Implementation of the above Act, district (County) road management agencies should send teams to provide technical guidance, and avoid damage to rural roads.

31st (closed rural road)

Closed construction and maintenance jobs needed rural roads, district (County) road management agencies should be noticeable warning signs on both ends of the rural roads you can bypass traffic should also be set at the detour passage crossing signs.

    Rural road closure measures by 3rd district (County) road management institutions shall notify the township (town) people's Governments and village committees, and, in conjunction with the public security traffic Administrative Department through the news media and village affairs public bar, such as circular jointly issued a sealed rural road.

32nd (daily)

The district (County) road management agencies should establish routine inspections of rural highway system, suppress, investigate and correct violations of road administration in accordance with law.

    Along the township (town) people's Governments and villagers ' committees shall assist routine inspections of rural highway and found violations of the road administration or receiving the report, shall promptly report the district (County) road management agencies.

33rd (emergency)

The district (County) of construction and traffic administration departments should develop rural highway emergency contingency plans in this area.

Rural roads due to emergency and ancillary facilities damaged and serious impact on traffic safety, the area (s) to highway authorities or township (town) people's Government sent its staff to the site before disposal, and immediately to the district (County) Government report of the traffic and construction administrative departments.

    The district (County) of construction and traffic Administration Department shall, in accordance with the emergency plan demands immediate repair; hard to fix in the short term, should the construction detour or marked at the intersection of bypass line.

    The fifth chapter legal liability

34th (has any regulations)

    Violating these rules, laws, regulations and rules have been stipulated, from its provisions.

35th (violations of the prohibition of processing)

First paragraph of article 29th of this approach, set up checked posts in the village road, charges, by the district (County) of construction and traffic Administration Department shall order to stop the illegal practice, and a fine of 200 Yuan more than 1000 Yuan fine.

Violation this approach 29th article second paragraph provides, in village road Shang engaged in subsection (a), and (ii), and (three), and (four), and (11), and (12) items ban behavior of, by District (County) construction traffic administration sector ordered stop violations, and can sentenced 100 Yuan above 500 Yuan following of fine; plot serious of, sentenced 500 Yuan above 5000 Yuan following of fine.

    Violation this approach 29th article second paragraph provides, in village road Shang engaged in subsection (five), and (six), and (seven), and (eight), and (nine), and (10) items ban behavior of, by District (County) construction traffic administration sector ordered deadline corrected, and can sentenced 100 Yuan above 500 Yuan following of fine; plot serious of, sentenced 500 Yuan above 3000 Yuan following of fine; late not corrected of, district (County) construction traffic administration sector can on behalf of clear, about costs by violations people bear.

Article 36th (of highways licensing violations)
Disobey 30th article, without the permission of the village on the road from the district (County) of construction and traffic administration departments to be dealt with in accordance with the following provisions:

(A) in paragraph (a), (b), (e), shall be ordered to desist from the illegal act and punishable by a fine of less than 100 Yuan and 500 Yuan, causing serious consequences is punishable by fines of less than 500 Yuan more than 5000 Yuan.

(B) in paragraph (c), order the restitution and fined 1000 Yuan and 10,000 yuan fine.

    (C) in paragraph (d), shall be ordered to dismantle and fined 500 Yuan more than 5000 Yuan fines; fails to dismantle the, be torn down, the costs borne by the violation.

37th (delegate penalties)

    The district (County) of construction and traffic Administration may appoint a district (County) Highway administrative departments administrative penalties stipulated in the implementation of these procedures.

38th (administrative)

Violation of this regulation, municipal, district (County) of construction and traffic Administration Department and highway administrative departments and township (town) people's Government and other relevant administrative departments and their staff, one of the following acts, by the unit or by the competent authorities directly responsible for and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) no law violations, does not discharge the responsibilities of rural highway management and supervision according to law;

(B) without statutory basis or violation of legal procedure;

(C) abuse of power, dereliction of duty or engages in other activities.

    Urban construction and traffic administration departments should be on the city's rural road maintenance checks and management of the assessment, examination next year as a result of municipal maintenance and management of subsidy funds allocated based on one of the.

    The sixth chapter supplementary articles

39th (date) These measures come into force on May 1, 2011.