Administrative Measures For The Conservation Of Rural Highway Construction In Guizhou Province

Original Language Title: 贵州省农村公路建设养护管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256400.shtml

Administrative measures for the conservation of rural highway construction in Guizhou province

    (December 24, 2009 20th meeting consideration of Guizhou province on December 23, 2009, issued on the 112th of Guizhou province as of February 1, 2010) Chapter I General provisions

    First in order to strengthen rural road construction, maintenance and management, promoting rural economic development and building a new Socialist countryside, according to the People's Republic of China Road Act, the Guizhou Provincial Road Management Ordinance and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Article within the administrative area of this province, rural road construction, maintenance and management, application of this approach.

    Third rural roads in these measures include County Road, rural road and village road and bridges, tunnels and ferries.

    County Road is a county-level administrative area linking town and County in the township (town), main production and distribution roads, and not part of the national highway, provincial roads Highway between the counties.

    Xiang DAO refers primarily to townships (towns) internal roads of economic, cultural, administrative services, and not part of the County Road over Highway Township and town and township and external communication highway.

    Village Road is a direct service to the rural production and living, not part of the Township Road and above the highway formed between and formed the village and township (town) the liaison road.

    Fourth rural road construction, maintenance and management should follow the overall planning, grading and responsible, both construction and maintenance, ensuring smooth principle.

    Fifth people's Governments above the county level rural roads should be incorporated into the national economic and social development plan.

    Provincial Transport Department and is a member of road management agencies, city (State) people's Government or the regional administrative office of transportation authorities, responsible for rural road construction, maintenance and management of guidance and supervision.

    Development and reform, the people's Governments above the county level financial, land and resources, environmental protection, construction, agriculture, public security and other departments, related work of the rural roads in accordance with their respective responsibilities.

    Sixth rural roads within the administrative area of the jurisdiction of the people's Governments at the county level shall be responsible for the construction, maintenance and management, transportation sector is responsible for organization-specific implementation of the people's Governments at the county level.

    The township (town) people on the rural road and village road construction and maintenance is responsible, determined by the people's Governments at the county level.

    Village committees are responsible for road construction, maintenance and management of related work.

    Planning and construction of chapter

    Seventh rural road planning should be based on national economic and social development planning, land-use planning requirements, combined with the construction of new Socialist countryside and the actual preparation of production and life of the people, State and rural road development goals, and national highway, provincial road development plans and other means of transport development planning coordination and links up with urban and rural planning.

    Article eighth County roads planned by the County transportation authority in conjunction with the relevant departments at the same level, through local government approval, city (State) Government or civil administration approval and reported to the provincial departments of transportation.

    Township roads and road planning by the County transportation authority to help Township (town) people's Governments, reported to people's Governments at the county level approval, and report to the provincial traffic Department, city (State) Government or civil administration departments of transportation.

    The township (town) people's Governments of road planning, views along the rural collective economic organizations shall be solicited, if necessary, shall hold a hearing to hear the villagers ' opinions.

    Approved rural road plans need to be modified, shall perform the procedure diyi、er、sankuan of this article.

    Nineth Government transportation authorities at various levels should be in accordance with the principle of adjusting measures to local conditions, determines the standard of rural highway construction.

    County and township road shall generally be in accordance with the standards of highway construction village road and works hard and complicated geological sections of County Road, rural road construction, in accordance with the relevant technical standards for construction of rural highway in the province.

    Tenth County Road, rural road-building should fulfil its state capital construction program, according to conserve land and protect arable land and the principle of protection of the environment, making full use of existing road reconstruction and extension; road construction in accordance with the relevant provisions of national and provincial organizations.

    Construction unit should be disposed of rural highways deserted sand, stone, soil, land use, such as to prevent the destruction of rural eco-environment.

    11th technical standards for four-level highway engineering, medium-level above the bridge and tunnel engineering design should be designed by a qualified entity; up to grade the design of roads and minor, can be organized by the people's Governments above the county level transportation departments have qualified technicians to assume.

    12th rural road construction project investigation, design, construction, supervision and with regard to the construction of important equipment and materials procurement, in line with the scope and scale of national and provincial construction projects bidding standards, should be tender.

    Rural highway construction project supervision up to the tender conditions, commissioned by the owner directly with qualified project management agency or hire qualified technical staff supervision supervision group. 13th rural road-building project in safety production responsibility system and quality responsibility system.

    The people's Government above the county level transportation departments should strengthen highway construction safety and construction quality supervision work.

    People's Governments at the county level transportation departments may recruit rural road construction project design, construction, supervision, and other technical staff in rural road construction safety and construction quality supervision work.

    Rural highway construction in the construction site shall establish a safety and quality responsibility for publicity and publicity relating to responsibility, responsibility, liability issues and reports of phone and so on. Rural highway construction projects should be carried out in accordance with the provisions of article 14th completion, acceptance.

    Acceptance by the project organization, acceptance by the Organization for project design and approval, or by its authorized legal organizations. Rural road construction project completion, acceptance can be merged to.

    County roads generally based on project acceptance Heung Road and village road in the township (town) for batches organizational acceptance.

    15th rural highway construction archives management shall, in accordance with relevant provisions, establish the project file, project end (AC) shall, without delay after the transfer of the County transportation authority.

    Chapter III maintenance and management

    16th rural road maintenance should be carried out in accordance with the technical specifications and procedures, ensuring normal use.

    Article 17th rural highway mileage report by the County transportation authority, city (State) Government or civil administration Transportation Department audit, provincial transport authorities confirmed.

    18th rural road repair and maintenance work, county roads and township roads by the County transportation authority is a member of road management agencies; village road in the township (town) transport under the guidance of the villagers ' Committee is responsible for the management station.

    Article 19th rural road maintenance, repair and conversion proposals plan prepared by the County Transportation Department, city (State) Government or civil administration Transportation Department audit, upon approval by the provincial Transportation Department, implemented by the people's Governments at the county level transportation departments.

    Accident-prone sections of highway in rural areas set safety protection devices or warning signs, and other security projects, should be integrated into the rural road maintenance, repair and renovation projects, and gradually implemented.

    Article 20th rural road maintenance, repair and alterations shall be in accordance with the relevant technical norms and standards for the design, construction, and comply with the requirements for acceptance.

    Rural road maintenance, repair and conversion work, in accordance with sections or regions select specialization construction through bidding or competition. Article 21st rural roads resulting from natural disasters or other unexpected events interrupt, serious damage to endanger road safety, people's Governments at the county level shall organize a repair.

    When necessary, mobilize and organize along the organs, organizations, enterprises, institutions and local people to repair, restore transportation as soon as possible.

    22nd article according to rural highway daily conservation, and street trees planted, and highway logo set, and subgrade consolidation, need, County Government should in County Road and Xiang road determine Highway sides ditches (cut ditch, and slope feet slope road) outside origin many Yu 1 meters of highway with to; village Committee should will village road sides ditches (cut ditch, and slope feet slope road) outside origin many Yu 1 meters of land into highway with to management range.

    23rd County and township (town) people's Government on rural highway construction, maintenance of sand, stone, soil and water, should provide necessary support and assistance. 24th above county level people's Government or the regional administrative office of transportation authority to the County Road, rural road maintenance management evaluation, inspection of village road conservation management.

    Inspection and examination results as a rural road-building projects, funding arrangements and the implementation of the incentive basis.

    The fourth chapter funding and management

    25th Government into rural road construction and maintenance, multi-channel funding mechanism to encourage community participation. 26th rural road repair and maintenance funding arranged by County finance, highway mileage of custody or custody costs, financial arrangements for funding accordingly.

    Provincial, city (State) Government and regional administrative office depending on the financial arrangements for the appropriate funding.

    Rural road management funds in accordance with the classification accountability into the budget. Rural road maintenance, repair and reconstruction project funded by the provincial government in accordance with the Central transfer payments the size and organization of standards, issued by the provincial Transportation Department.

    Provincial, city (State) Government, civil administration and the County depending on the financial arrangements for the appropriate funding for rural highway, repair and conversion work.
27th rural highway construction and maintenance funded by the people's Governments at the county level transportation departments implement special account management, special accounts, earmarking.

    Financial, auditing and supervision departments above the county level people's Government according to their respective duties, be responsible for rural road construction, conservation and management to supervise the use of funds, check.

    The fifth chapter Highway protection

    28th rural roads, road and highway affiliated facilities are protected by law, and may disrupt, damage, or illegally occupied.

    No units and individuals to protect rural highways, roads and highway affiliated facilities obligations, right to inform and bring charges against destruction, damage or unauthorized occupation of rural roads, land for roads, ancillary facilities of roads and road safety act.

    29th County Department of transportation and the highway administrative departments are responsible for county roads and township roads road management work, in accordance with the People's Republic of China Highway Act and other related laws or regulations implementing highway protection. Village Committee in the township (town) people's Government is responsible, under the guidance of village road conservation efforts. Protection of villagers ' committees should be road into the village rules.

    Content shall not violate the protection of the village road in the village rules and legal provisions and regulations.

    Article 30th on the road the following actions are forbidden:

    (A) unlawfully set up checked posts, charges, fines and stop the car;

    (B) land within the village road and village road damage, pollution and affecting passages of the village activity;

    (C) in the village along with the scope and impact of dumping waste in road safety areas, mining, blasting;

    (D) in the village road with buildings and structures on the ground;

    (V) overload;

    (Vi) ancillary facilities damaged village road.

    31st village Committee in the village set up facilities limit overload on road vehicles, should be under the authority of the County transportation authority.

    The sixth chapter legal liability

    32nd road violations at the County and township roads, by the County Department of transportation and the highway authority in accordance with the People's Republic of China highway law and other laws and regulations for penalties.

    33rd article violation this approach 30th article subsection (a) items provides, in village road Shang illegal set up checked posts, and charges, and fine and intercept vehicles of, by County Government traffic transport competent sector ordered corrected violations, confiscated illegal proceeds, and can at 500 Yuan above 5000 Yuan following of fine; no illegal proceeds of, can at 500 Yuan following of fine; involved national administrative organ and institutions of, on has directly responsibility of competent personnel and other directly responsibility personnel, law give administrative sanctions.

    Violation this approach 30th article subsection (ii), and (three), and (four), and (five), and (six) items provides, plot serious of, by County Government traffic transport competent sector ordered corrected violations, can at 1000 Yuan above 5000 Yuan following of fine; caused village road blocking or endanger bridge, and tunnel, and ferry security of, by County Government traffic transport competent sector ordered corrected violations, can at 5000 Yuan above 10,000 yuan following of fine.

    34th State administrative organs and institutions staff in rural road construction, maintenance and management of abuse of authority, dereliction of duty and favoritism, and does not constitute a crime, administrative sanctions according to law.

    The seventh chapter by-laws 35th these measures shall come into force on February 1, 2010.