Shenyang City's Rural Road Management

Original Language Title: 沈阳市农村公路管理办法

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(October 29, 2007 Shenyang Government 12th times Executive Conference considered through November 15, 2007 Shenyang Government makes 76th, announced since January 1, 2008 up purposes) first chapter General first article for strengthening rural highway management, promote rural highway construction fast development, ensure rural highway intact smooth, for rural economic social development service, improved farmers production and life environment, according to People's Republic of China Highway method and Liaoning Province Highway Ordinance, about provides,
    This municipality actually, these measures are formulated.
    Second approach applies to rural roads in the administrative area of the city of construction, maintenance and management of highways.
    Article city, district and County (City) people's Governments shall be the rural road construction, maintenance and management into the Government's plan for national economic and social development, ensure the construction and maintenance of capital investment, the coordination to address the major issues.
    District and County (City) Government is the main responsibility of rural road construction, maintenance and management, is responsible for land acquisition, demolition, and rural highway construction, conservation and related financing activities. Fourth City Department of transportation is the management of rural highway administrative departments. Responsible for planning of highway construction in rural areas, preparing release rural road maintenance program.
    Supervision, inspection, guidance on rural highway construction, implementation of conservation plans and management work, co-ordination arrangement and supervision of rural road construction and maintenance funds.
    District and County (City) traffic Administrative Department in accordance with the responsibilities assigned specific responsibility for rural road construction, maintenance and management of highways.
    Fifth rural roads, road and highway facilities are protected by law and no unit or individual may seize and destroy.
    No units and individuals to protect rural highways, rural roads and rural highway affiliated facilities obligations, right to impeach and accuse traffic Administrative Department destroyed or damaged rural roads, rural roads, rural highway affiliated facilities and rural road safety behaviour.
    Chapter II administration of funds article sixth city, district and County (City) Government for rural highway construction and maintenance funds should be included in the budget, ensure the construction and maintenance of rural roads.
    Seventh district and County (City) traffic administrative departments shall establish a special account for rural highway construction and maintenance funds. Rural funds earmarked for road construction, maintenance, and may change the use purposes.
    No unit or individual is allowed to occupy, use.
    Eighth rural highway construction and maintenance funds should adhere to the pooling of resources, the focus put on the principle, the municipal traffic administrative department based on the rural road construction maintenance plan, balanced, integrated arrangement.
    Nineth relevant government departments should strengthen the rural highway construction and maintenance supervision and management of the use of funds.
    Tenth chapter construction management areas, counties (cities) people's Government compiled within the administrative area of the rural road construction program, implemented after approved by the city traffic administration departments.
    District and County (City) traffic administrative departments should be based on rural road construction plan, prepare annual plans by the municipal traffic administration departments for approval.
    11th of municipal, district and County (City) people's Government shall, in accordance with the rural road-building plan, raising matching funds for highway construction in rural areas, and in rural road construction and maintenance are allocated on time and in full capital account.
    12th in rural road construction project of legal person responsibility, project bidding system, project supervision and contract management system.
    13th construction of rural road construction shall conform to the national standards, construction of traffic safety facilities should be synchronized with the main part of the project, advocating, along the Green and along the main engineering construction.
    14th rural highway construction, reconstruction, repair and overhaul in engineering project construction quality defects, such as accountability. 15th of municipal, district and County (City) traffic administrative departments shall organize the relevant departments for rural road construction project completion and final acceptance.
    Acceptance or unqualified acceptance of works shall not be delivered.
    Maintenance and management of the fourth chapter 16th district and County (City) Highway administrative departments are responsible for the professionalization of rural road maintenance; Township Governments and village committees are responsible for non-specialized maintenance of rural roads.
    17th of municipal, district and County (City) road administrative organizations responsible for conservation planning and reporting, organization and conservation project bidding and contract administration, inspection of maintenance quality and acceptance.
    18th of municipal, district and County (City) people should be based on rural road maintenance plan to raise rural road maintenance funds and are paid on time and dial-in rural road construction and maintenance funds account.
    Article 19th rural road maintenance shall, in accordance with the technical specifications for road maintenance, the quality inspection and evaluation standards for highway maintenance and related regulations.
    Article 20th specialization of rural road maintenance established by bidding for construction professionals.
    Rural roads were damaged resulting from severe natural disasters, traffic, highway administrative departments shall organize a repair is difficult to fix, by people's Governments at all levels organize relevant departments to repair, restore transportation as soon as possible.
    21st rural highway greening plan implemented by the Forestry Department is responsible for the preparation and organization.
    Fifth chapter Highways Management 22nd article in rural highway and highway with to range within, ban following behavior: (a) built hut, and set stalls, and signs, and roadblocks, and gas station and maintenance places, and wash car, and parking points and the other facilities; (ii) using motor vehicle accounted for road business, and play, and Sun grain, and dumping garbage, and residual soil, and snow and the stacked other non-highway conservation, and construction material; (three) mining, and take soil, and composting, and raised fish, and emissions sewage, and burning items, and burn kiln, and business billet, and planting crop, other hinder passage of job;
    (D) filling, dredging or the use of irrigation, drainage ditches, (v) unauthorized non-highway signs, marking; (vi) unauthorized toll; (VII) open level crossing without authorization; (VIII) rural traffic, pollution and the impact of other damage.
    23rd in rural roadside mountains fried stone, cut down trees and other construction work shall not jeopardize the safety of roads and ancillary facilities; damage should be repaired or pay (compensation) claims.
    Article 24th without authorization, no unit or individual is allowed to occupy or dig, damaged rural roads; not allowed across the rural highway advertising, signs and other facilities.
    Construction of the bridge across the rural highway, aqueduct or the erection, laying pipelines, shall solicit the views of the traffic Administrative Department.
    25th in rural highway and rural highway construction inside the zone may be supplemented, construction of buildings, structures, needed to build, should seek the views of traffic administrative departments.
    Article 26th overload transportation vehicles, iron wheels of car, tracked vehicles and other equipment that might damage the road surface may not be driving on rural roads, really necessary, protective measures should be taken, damage to rural roads and should be compensated.
    Sixth chapter legal responsibility 27th article violation this approach provides, in rural highway Shang or rural highway with to range within has following behavior one of of, by traffic administrative competent sector ordered its stop violations, and by following provides punishment: (a) set stalls, and signs of, sentenced 20 Yuan above 200 Yuan following fine; (ii) set roadblocks, and hut of, sentenced 300 yuan above 1000 Yuan following fine; (three) composting, and play, and Sun real, and burning items of, sentenced 50 Yuan above 500 Yuan following fine;
    (Four) set gas station and maintenance, and wash car, and parking points of, sentenced 1000 Yuan above 3000 Yuan following fine; (five) using motor vehicle accounted for road business of, sentenced 50 Yuan above 200 Yuan following fine; (six) dumping and stacked garbage, and mud or other non-highway conservation construction material of, sentenced 500 Yuan above 5000 Yuan following fine; (seven) mining, and take soil, and dug sand, and raised fish, and planting crop, and burn kiln, and business billet, and emissions sewage of, sentenced 1000 Yuan above 10,000 yuan following fine; (VIII) filling, dredging or the use of irrigation, drainage ditches, and sentenced to between 100 Yuan and 500 Yuan fines; (IX) on the road set up checked posts without authorization, charging, confiscate the illegal income and imposed illegal gains fined a maximum of 3 times; no illegal proceeds, fined a maximum of 20,000 yuan.
    To persons who are directly in charge and other direct liable persons shall be given administrative sanctions; (j) unauthorized addition of level crossing on the highway, shall be ordered to make restitution, and a fine of 30,000 yuan and 50,000 yuan fine.
    28th article violates these rules, without consent, secondary occupation, mining, damaged roads, by traffic administrative departments be ordered to desist from the illegal act, compensation, and a fine of 3000 Yuan and 30,000 yuan fine.
    Without city, and district, and County (City) traffic administrative competent sector agreed or not according to highway engineering technology standard of requirements across, and through highway built bridge, and aqueduct or erection, and laid pipeline, and cable, facilities, and in highway with to range within erection, and laid pipeline, and cable of, by traffic administrative competent sector ordered its stop violations, and sentenced 10,000 yuan above 30,000 yuan following fine.
    29th article violates these rules, without authorization in highway construction control of construction of buildings and structures in the district, the traffic Administrative Department shall order its demolition, and a fine of 10,000 yuan and 50,000 yuan fine.
    30th article violates these rules, extra heavy vehicle without permission in limited standard of public roads, traffic administrative departments be ordered to desist from the illegal act and fined 1000 Yuan and 30,000 yuan fine.
    Without approval, the iron-wheeled vehicles, tracked vehicles and other equipment that might damage the road surface, driving on the highway, traffic administrative departments be ordered to desist from the illegal act and fined 1000 Yuan and 30,000 yuan fine. 31st party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law, if no application for reconsideration, not prosecuted, nor performs the decision, by the decision authority apply to the people's Court for compulsory execution.

    32nd hinder rural highway construction and maintenance, as well as insults, beatings of road administration personnel, preventing personnel in performing their duties, the public security organs shall be punished; constitutes a crime, criminal responsibility shall be investigated according to law.
                                                                Seventh chapter supplementary articles article 33rd these measures shall take effect on January 1, 2008.