Interim Measures For Shanxi Province Highway Management

Original Language Title: 山西省高速公路管理暂行办法

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(September 17, 2003 Standing Committee of the 10th Shanxi province people's Government considered on September 24, 2003, Shanxi province people's Government released 166th) Chapter I General provisions article in order to strengthen the management, protection of highways in good condition, safe and smooth, and maintain the legitimate rights and interests of investors, operators and users of the highway.
    In accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Highways in these measures in article, refers to having more than four lanes and a median, all interchanges and has improved traffic safety facilities, administrative facilities and service facilities, and full control access, designed for high-speed driving roads.
    Third article this regulation is applicable in the province within the administrative area of the highway maintenance, operation, use and management.
    Fourth Highway management should adhere to centralized, uniform, efficient and, streamlining principles.
    Encourage the use of advanced science and technology, continuously improve the intelligent management level, for the passage of vehicles and driver and conductor to provide safe, efficient and civilized service.
    Fifth provincial transportation departments provincial highway, can be decided by provincial highway authorities to exercise management responsibility and the power of administrative penalty.
    Provincial public security organs competent highway traffic safety work in the province, the public security organs traffic management is responsible for highways in the province of law and order, traffic safety, traffic and traffic accidents.
    Sixth province traffic Department and the public security organs traffic management departments shall, in accordance with their respective responsibilities to strengthen inspections to ensure highway safety.
    In addition to police emergency services, investigates the influx of criminal suspects and the highways outside managers need to stop violations, no unit or individual may intercept vehicles on the highway.
    Chapter II conservation management seventh Province Highway Management Agency and trading enterprises shall, in accordance with the highway Highway technical specifications and practice for highway maintenance work, protection of highways in good technical condition.
    Highway maintenance mechanization and specialization should be made, and gradually implement the bidding system.
    Highway maintenance unit shall have the appropriate qualification for road maintenance.
    Eighth Freeway maintenance work in traffic should I choose smaller periods.
    Highway maintenance operations require completely interrupting traffic or half break traffic more than a kilometer, the provincial highway Management Agency and construction sections of Freeway Management Enterprise shall prepare the site management plan, approved by the provincial Communications Department and the public security organs traffic management departments, one day before the construction by public media and variable information board publish maintenance section, information such as the time, set a bulletin board at the entrance in front of construction section.
    Nineth Expressway maintenance job site shall be in accordance with the highway maintenance requirement of road traffic control signs, red warning lights shall be provided at night (drum).
    Maintenance personnel must observe the traffic rules, safety signs, and wearing a helmet. Highway maintenance vehicles, machinery should be sprayed a unified symbol, and when lights should open revelation, without prejudice to the premise of vehicles in the past and, if necessary, route and direction can not be limited by highway signs and lines.
    Passing vehicles on highway maintenance vehicles and personnel should be taken to avoid.
    Tenth province, highway authorities and Freeway Management Enterprise Expressway and ancillary facilities should be inspected and the inspection found embankment, road, tunnel, bridge and auxiliary facilities are not up to the technical specifications, as well as other highway safety health-threatening, shall organize a repair or take action to clear the danger.
    11th province, highway authorities and highway management enterprises shall Highway median on both sides and for green, improve and beautify the environment.
    12th provincial transportation departments should be on highway maintenance quality and their subsidiary facilities inspected, not up to Freeway specifications, should be entrusted with provincial expressway or Freeway Management Enterprise to take corresponding measures within management institutions, ensuring Highway and affiliated facilities in good condition.
    Chapter III service and charging 13th Province Highway management agencies and highway management enterprises shall establish and improve rules and regulations, improve services, and fees for public services, subject to public supervision. 14th province, highway authorities and highway management enterprises shall guarantee service facilities in good condition, smooth rescue calls.
    Expressway should be provided with good accommodation, catering, parking, vehicle repair, refueling and other services.
    15th province, highway authorities and Freeway Management Enterprise shall set the variable information Board at the highway entrance, and to collect, summarize, highway traffic, construction, weather and other information associated with the road network, or variable information to the public through the public media.
    16th provincial highway management enterprises should turn on the main line and highway toll stations and toll charges at the ramp, vehicle to normal traffic, and to gradually adopt advanced management methods such as toll and improve efficiency.
    Indeed need to close crossings must be approved by the provincial Department of communications.
    Article 17th approved by the provincial government, the provincial highway management bodies and Freeway management companies can charge tolls. Toll collection standards, belongs to the fees, prices, by province, in conjunction with the provincial Treasury and transportation departments for review, submitted to the provincial people's Government belonging to management fees, prices, by province, in conjunction with the provincial Transportation Department review, submitted to the provincial people's Government for approval.
    Fees should be in charge of the station prominently be publicized. Approved by the provincial Department of communications, carrying not overrun the collapse or exceed Highway limits contained in standard freight car entering the highway, highway management agency or collected at the expressway operating enterprises can be collecting tolls.
    Concrete charges in accordance with provincial departments and provincial financial sector regulations.
    18th into freeway traffic will be in accordance with national and provincial regulations to pay tolls, must not escape, refused to pay; no longer account for charges crossing, disturbing traffic order.
    19th collection of tolls should be used in accordance with the relevant provisions of the State Finance Department or provincial tax department printed bills.
    20th-South highway toll station staff is equipped with should be commensurate with the number of lanes, traffic flow, toll.
    Loan in toll-highway toll stations imposed personnel equipped with the main contract, a standard formulated by the provincial Communications Department.
    21st provincial Expressway management agencies and highway management enterprises and their staff shall not be any of the following acts: (a) unauthorized raising charging standards and (ii) expanding the scope of charges without authorization, (iii) forced to provide reasonable services. Fourth chapter administration 22nd highway road management in the performance of their duties, in accordance with regulations in dress uniform, wearing signs certificates.
    Special vehicles to perform management tasks in accordance with State provisions of unified signs and warning lights.
    23rd in addition to Highway management, traffic safety and maintenance and construction personnel, no person shall within the highway fence to walk, work and stay. 24th more than Highway, highway bridges, highway tunnels limit load, height, width restriction and limit the vehicle, not on the highway or Freeway, highway bridges tunnels. Is really necessary, and must be approved by the provincial communications departments, and required to take effective protective measures affect traffic safety should also be approved by the public security organs traffic management departments.
    Carriers can take protective measures, the provincial traffic departments to help them take protective measures, the costs borne by the carrier.
    Provincial transportation departments can overload detection device is at the highway entrance, to test for the vehicle.
    25th article Highway and with to range within ban following behavior: (a) destroyed green facilities, and flowers trees; (ii) dug ditch diversion, and using Highway ditches emissions dirt real; (three) stall presence, and stacked items, and dumping garbage, and set obstacles; (four) transport easy spilled items not by provides take effective closed measures of vehicles and other lossy highway road of machines driving; (five) other damaged, and pollution Highway and effect Highway smooth of behavior. 26th no unit or individual is allowed to damage or move or alter ancillary facilities and the highway Highway stakes, boundary markers.
    Banned from climbing over the highway shielding. 27th due to the construction of railways, airports, power stations, telecommunications facilities, water conservancy projects and other construction projects, is absolutely necessary to occupy or dig the freeway or highway occupied lands, the construction unit shall first seek consent of the provincial Transportation Department agreed to affect traffic safety, subject to the approval of the public security organs traffic management departments.
    To occupy or dig the expressway, the construction unit shall be not less than the original highway engineering technique standard rehabilitation or for appropriate financial compensation. 28th across, crossing highway bridges, aqueduct or the erection, laying pipelines, cables and other equipment, as well as highways within the erection, laying pipelines, cables and other facilities and temporary jobs on the highway, should be given by the provincial Transportation Department; impact on traffic safety, subject to the approval of the public security organs traffic management departments. The construction, erection, laying facilities, shall comply with the requirements of highway engineering technique standard.
    Damage to highways, the construction unit shall be not less than the original highway engineering technique standard rehabilitation or for appropriate financial compensation. 29th the following acts shall be subject to approval of the provincial Communications Department: (a) the highway within the highway marks or other marks, and (ii) in highway construction control zones set structures, public or commercial signs and (iii) on the highway transportation of items that might wreak havoc on highways and its facilities.

    30th large highway bridges and ferries around 200 meters, above the tunnel entrances and within 100 metres, and on both sides of the freeway within 50 meters, not sand, gravel, soil, dumping of waste, not conducting explosion operations as well as other highways and highway bridges, tunnels safety activities.
    No unit or individual is allowed on the highway driving under mining.
    31st fault car not equipped with warning signs, jacks, mat boards, round triangular wood, oil spill repair car mats of the vehicle shall be driven into a freeway. 32nd highway repair, vehicle rescue, the provincial traffic Department.
    Surcharge of wrecker, vehicle rescue, according to the provincial pricing Department and Finance Department under the standard.
    33rd highway signs and lines and a set of road safety facilities should be accurate, standardized and scientific. Provincial highways management agencies and highway management enterprises shall prominently at the highway entrance telephone hotlines.
    Driver and conductor on account of road traffic and illegal acts such as blocking traffic report, verified by the departments concerned should be dealt with according to law.
    Fifth chapter traffic safety management article 34th public security organs traffic management departments should strengthen Highway Administration of public security, protection of the driver and conductor, personal and property safety of Freeway management personnel, maintenance of Expressway, the toll station order.
    35th prohibited for pedestrians and non-motor vehicles, tractors, crawler, iron wheels of car, electric vehicles, agricultural vehicles, wheeled mechanical car, trailer, motorcycle, suspension of the test plates and the coach car number plate car, design speed and overloading of the motor vehicle of less than 70 km enter highway. 36th units and residents along the highway should be incapable or with limited capacity to perform monitoring functions.
    Because there is no capacity or with limited capacity for action, production losses, causing a traffic accident or highway road, the guardian shall bear the responsibility. Units along the highway and residents should keep feeding livestock.
    For animals entering the highway, causing a traffic accident or highway road losses, farmers shall bear the responsibility.
    37th motor vehicle when driving on the highway, in case of rain, snow, fog or other hinder normal driving conditions, icy roads, slow down and increase driving distance.
    38th article for bad climate, and natural disasters or major traffic accident, reasons effect vehicles normal driving of, province traffic sector should in highway entrance set obviously of warning logo; led vehicles serious blocked of, police organ traffic management sector, and province traffic sector must according to their duties take emergency, as soon as possible recovery traffic; does needed closed highway of, police organ traffic management sector should with province traffic sector joint released notices. 39th police traffic management and provincial traffic Department received a report from traffic accidents on the highway, it must immediately rushed to the scene, according to their respective responsibilities, exploration site and a road loss to regulate traffic.
    Consent by the public security organs traffic management departments, the provincial traffic Department to clean up the scene of the accident, traffic. Public security organs traffic management departments in dealing with traffic accidents, shall actively assist the provincial traffic Department cover the highway road losses, legal case within the time limits, should be closed after liquidation.
    Traffic accident escape vehicle, provincial transportation departments should actively help the police solve the case.
    40th perform special duties in accordance with the provisions of article, you need to limit vehicle traffic, vehicles should be subject to police traffic management command.
    41st police traffic management should be implemented gradually modernized traffic safety management, rational use of freeways ' intelligent management infrastructure, improving traffic safety management level. 42nd public security organs traffic management departments should strengthen highway patrol on accident-prone strengthen management, adopt effective measures for the prevention of accidents; potential accident is discovered, shall in writing notify the provincial expressway or Freeway Management enterprise management institutions.
    Absolutely necessary to improve the relevant facilities, highway or Freeway Management enterprise management institutions must take timely measures to improve and perfect. 43rd highway traffic accident, before the arrival of the traffic Administrative Department of the people's police of public security organs, via personnel should alarm, rescue the injured, to preserve the site.
    No person shall damage the accident scene, mutilating, looting of goods.
    Sixth chapter legal responsibility 44th article violation this approach tenth article provides, not on Highway and subsidiary facilities for detection, and subgrade, and road, and tunnel, and bridge, and subsidiary facilities not reached provides of technology specification requirements still not organization repair of, by province traffic sector ordered deadline corrected; late not corrected of, province traffic sector can take repair measures, costs by Province Highway management institutions or highway business enterprise bear.
    45th article violates this article 16th paragraph, tollgate crossing of staff without authorization, closing fees, by the provincial Transportation Department ordered corrective action and in accordance with the relevant regulations. Article 46th disobey article 18th, fled or refused to pay highway tolls, the provincial transportation departments can be ordered to pay tolls cannot be approved mileage, you can follow the longest mileage charge tolls and tolls payable more than 1 time fined not more than three times.
    Long crossing of disturbing traffic order, provincial Transport Department vehicle can be dragged off the toll crossing, and liable to a fine of less than 50 Yuan and 500 Yuan.
    47th article violates article 21st of this approach (a), (b) provided, allowed to raise fees or broadening the range of charges, from pricing departments in accordance with the relevant provisions.
    Violation of the article 21st of this approach (c) States, forced to provide reasonable services, industrial and commercial administrative departments in accordance with the relevant provisions.
    48th violates the first paragraph of article 24th of this approach, over the standard limit of vehicles without authorization in highway or highway tunnel in the side of the road, highway bridges, provincial transportation departments shall instruct the carrier or driver to correct its own overload behavior, survey processing, and can be fined a maximum of 2000 more than 30000.
    Of damage to highways, prices should also be in accordance with provincial departments and the provincial financial institutions pay (compensation) compensation standards for compensation (compensation) claims.
    49th article violation this approach 25th article subsection (a), and (ii), and (three), and (five) items provides, in highway Shang destroyed green facilities, and flowers trees, dug ditch diversion, and emissions dirt real, stall presence, and stacked items, and dumping garbage, and set obstacles, and other damaged, and pollution Highway and effect Highway smooth of, by province traffic sector ordered stop violations, give warning, and can sentenced 5000 Yuan following fine. 50th article has following behavior one of of, by province traffic sector ordered stop violations, deadline demolition or recovery undisturbed, and can sentenced 30000 Yuan following fine: (a) violation this approach 25th article subsection (four) items provides, transport easy spilled items not by provides take effective closed measures of vehicles and other lossy highway road of machines driving of; (ii) violation this approach 26th article provides, damaged, and unauthorized mobile, and altered Highway subsidiary facilities and the highway standard pile, and Pillar or climb Highway protection facilities of; (three) violation this approach 27th article provides, unauthorized occupied, and mining highway or unauthorized occupied highway with to of; (four) violation this approach 28th article provides, without agreed or not according to highway engineering technology standard of requirements built across, and through highway of bridge, and aqueduct or erection, and laid pipeline, and cable, facilities of; (five) violation this approach 29th article subsection (three) items provides, without approved,
    Highway Transport of items that might wreak havoc on highways and facilities; (f) disobey article 30th in highway driving under mining and other highway and highway bridges, tunnel safety.
    51st article violation this approach 29th article subsection (a), and (ii) items provides, without approved, in highway with to range within or highway building control district within set Highway logo yiwai other logo or structure real, and public or commercial publicity signs of, by province traffic sector ordered deadline demolition, and can sentenced 20000 Yuan following of fine; late not demolition of, by province traffic sector demolition, about costs by set who bear. 52nd on highway vehicle causing damage, you must stop immediately, protect the scene for investigation and settlement.
    Cannot be dealt with on the spot, the provincial traffic authority may, according to the Shanxi Province Highway Management Ordinance section 42nd, detention of party vehicles or related documents, waiting for them to accept the penalty, release vehicle, return the documents.
    53rd in violation of traffic safety regulations in these measures by the public security organs traffic management departments shall take administrative enforcement measures, given administrative punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    54th provincial traffic Department and the public security organs traffic management Department of dereliction of duty, favoritism, abuse, does not constitute a crime, administrative sanctions according to law constitutes a crime, criminal responsibility shall be investigated according to law.
    The seventh chapter the control areas in supplementary provisions 55th article of the rules refers to highways to 50 meters on each side, overpasses, ramps, highway connecting both sides of the line, within 100 meters of the toll stations of the land. 56th article of the measures shall take effect on November 1, 2003.
                                                                                                    May 30, 2000 issued by the people's Government of Shanxi Province Highway management of highways repealed simultaneously.

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