Kunming City Road Management Measures

Original Language Title: 昆明市公路路政管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(On December 26, 2006 Kunming Government 33rd times Executive Conference considered through on January 5, 2007 Kunming Government makes 69th, announced since on March 1, 2007 up purposes) first chapter General first article to strengthening Highway Highways Management, protection highway road produced road right, guarantees Highway intact smooth, promote economic and social development, according to People's Republic of China Highway method, and Yunnan Province Highway Highways Management Ordinance, legal, and regulations of provides, combined this city actual, developed this approach.
    Second approach applies within the administrative area of the city by the municipal or County (City) area traffic administrative departments of management, maintenance of road management.
    Third road management in these measures refers to traffic administrative departments and their management in accordance with legal provisions and regulations, in order to guarantee condition, safe and smooth, protect the management of roads, highway, highway affiliated facilities (hereinafter referred to as the road), as well as control areas on both sides of the road administration. Article Highway management principle of unified leadership and management at different levels.
    Municipal traffic administrative departments in charge of the city road management work counties (cities), the traffic Administrative Department in accordance with the administrative authority responsible for the administration of road management work.
    Public security, construction, planning, land resources, water resources, finance, Commerce, forestry, environmental protection and other relevant administrative departments, as well as along the Township and town people's Governments (city streets), the Community shall, within the scope of their respective duties, road management related work.
    The fifth article of any unit and individual shall abide by the laws, regulations and rules of the road administration, care Highway, of embezzlement, damaged road should be stopped and reported.
    Sixth to protect highway road, units and individuals who made outstanding contributions, transportation administrative departments of people's Governments at or above the county level shall give awards or rewards.
    Chapter II administration of the Highways Agency article seventh city, County (City) district road management agencies established by law subject to the same traffic administrative leaders, specifically responsible for road management and transport commissioned by the Administrative Department at the same level, highway supervision and inspection rights, administrative penalties and road losses the right of recourse.
    The eighth city, County (City) district road administration management of funds by financial guarantees.
    Nineth road management agencies of staff shall be determined in accordance with agency management.
    Tenth road management agencies of staff duties, shall enforce laws impartially, warm service, in accordance with the provisions in uniform, wearing "county road management" chest emblem, and issued by the Ministry of transportation administrative enforcement certificates or documents issued by the Yunnan Provincial people's Government of Yunnan province, administrative enforcement, dedicated parking bat or flags to be used (lamp).
    Road Administration according to law when conducting supervision and inspection, investigation and evidence collection is entitled to the units and personnel, units, and personnel should be compatible with. Third chapter road produced management 11th article without traffic administrative competent sector approved, any units and personal shall not unauthorized in highway road produced range within engaged in following activities: (a) occupied, and mining Highway and highway with to, occupied Highway subsidiary facilities or change highway line; (ii) in highway Shang additional plane cross crossing; (three) set poles, and transformer, and publicity brand, and advertising brand, and slogans, and added water station, and gas station and wash car, and parking points,; (four) cut, and update Highway street trees and flowers; (five) iron round car, and
    Track and other possible damage to Highway paved road vehicles and machines driven on the road; (vi) required the approval of the traffic Administrative Department of the occupation and use of road. 12th article in highway road produced range within ban following behavior: (a) dumping and stacked garbage, and mud, and debris or other non-highway conservation construction material; (ii) mining, and take soil, and dug sand, and raised fish, and planting crop, and burn kiln, and business billet, and composting, and play Sun real, and burning items, and emissions sewage, and stall presence, and for market trading,; (three) occupied Highway engaged in business activities, maintenance, and mess stopped mess put vehicles; (four) filling, and mining drains or using Highway ditches emissions sewage dirt real, using road bridge (culvert), and
    Ditch built dam water, and set gate; (five) in highway Shang test motor vehicle of brake performance; (six) in highway bridge, and tunnel within laying conveying flammable, and easy burst, and toxic gas and liquid of pipeline; (seven) mobile, and altered, and damaged or demolition Highway subsidiary facilities; (eight) legal, and regulations, and regulations provides of other damaged, and pollution Highway, and highway road produced or effect Highway smooth of behavior.
    13th article highway road produced range outside, in highway big, and medium bridge and ferry Shang downstream the 200 meters, and small bridge (culvert) Shang downstream the 50 meters, and highway tunnel above and hole sides 100 meters range within ban following behavior: (a) blasting, and take soil, and dug sand, and compression or spread wide river, and burning,; (ii) dumping garbage, and dirt real, and stacked material; (three) other endanger highway bridge, and ferry, and tunnel security and smooth of behavior. 14th without the approval of overloaded vehicles on the road.
    Carrier not disintegration large items of super limited transport vehicles road driving, must prior proposed application, by traffic administrative competent sector approved Hou in its supervision Xia passage, and bear on Highway, and bridge, and culvert, take technology protection measures, and guardianship measures of costs; caused highway road produced loss of, should bear highway road produced loss compensation fee; effect traffic security of, in accordance with People's Republic of China Road traffic security method of provides implementation.
    Road management agencies approved by the provincial government in the test site or mobile detection methods deal with overloaded transport vehicles.
    15th among public security traffic administration, forestry, setting station (card), without approval of the provincial government, any unit and individual is prohibited in stations on the highway (card) intercept, inspect vehicles.
    16th transport of goods drop, spill, leak-prone, transport must be in closed compartments or take effective measures to prevent the cargo onto pollution and damaged roads.
    Prohibited vehicles operating in the case of transport of goods.
    17th when road renovation, expansion and maintenance, construction, construction the highway maintenance material piled up, shall conform to the requirements of national highway maintenance technical specifications, guaranteed traffic.
    18th building, rebuilding across the highway bridges, aqueducts and pipelines, arches and other facilities, the design clearance shall be not less than the relevant legal regulations or technical standards required safety distances, span shall not be less than the width of the roadbed of highway development plan.
    In the context of road laying of underground pipelines, pipeline, 1 meter deep.
    Added on the 19th in the road level crossing, shall meet the requirements of driving sight distance.
    With the level-crossing Highway lapped surface hardening measures should be taken. 20th in highway construction safety distance requirements shall be established on the obvious warning signs, warning red light shall be hung at night. Construction vehicles, machines should be installed warning lights, spray the obvious pattern, operations should open revelation of police lights.
    Construction jobs require vehicles to bypass, bypass flag is set; closed roads, traffic administrative departments and public security organs should be reported to the approval of the traffic management Department, 7th prior to construction to society announcements, and established at the earlier crossing signs. 21st motorway street trees trees and lack of overhead power line from Yunnan province, power supply and overhead power line facilities focused on protected areas under the regulations the shortest distance or telecommunication cable less than 2 meters, electric power and telecommunications sector can trim branches.
    Pruning off the above provisions from the top, should ask the traffic Administrative Department for permission.
    22nd road change use, after approved by the traffic Administrative Department, should be submitted to the Ministry of land and resources, Administrative Department for planning change procedures.
    23rd new roads and highway relocation, renovation or expansion, the construction unit shall, on the completion of the highway after the acceptance of the transfer of information on road traffic administrative departments.
    Article 24th of road damage caused by, the Parties shall protect the site and report road management agencies, under the investigation and handling the road management, and liability.
    25th public security organs traffic management departments dealing with traffic accidents, damaged road should be notified of the local highway authorities in time.
    Fourth chapter management of road administration article 26th road refers to domestic and foreign economic organizations invest in or in accordance with the provisions of the Highway Act allow the Government to toll road on the right of the loan.
    27th operating Highway management right exercised by the municipal road management agencies according to law, the highways authority and operating road company signed a management agreement and specify the rights and obligations of both parties.
    Road management agencies operating Highway Highways road damages charged by management fees, cleaning fees, fees, according to remit the channel paid after financial, full earmarked for road repair (restoring) complex.
    Fifth chapter 28th road of highway construction control management on both sides of the control areas, refers to the outer edge of the road side ditch (the highway fence) extend outward at arm's length. The scope of control areas on both sides of the road: Highway not less than 30 metres on each side; DAO, not less than 20 meters on each side; provincial highway not less than 15 m on each side; not less than 10 m on either side of the county line Heung Road and village road on each side of not less than 5 m; interchange to the outside edge of the fence 50 meters 50 meters on each side of the viaduct. No obvious ditches, slopes on both sides of the road, with the outer edge of the road shoulder, State (provincial) road, County Road 3 m, 4 m road and village road within a distance of 2 m, as roadside ditches.
    Road curves inside and near the level-crossing Highway control areas of control, according to the travel needs of stadia or converted to interchanges, traffic administrative departments and departments of land and resources administration defined according to law.
    National Highway, provincial roads, county roads and township roads Highway to Highway technology such as, its area of control extended Highway standards.
    After the specific delineation of the scope of the control areas on both sides of highway, the traffic Administrative Department is responsible for setting unified with the obvious identity stakes, and boundary markers.
    29th in highway planning and construction villages, market towns, residential quarters, factories, mines, and development zone should be selected on the road side, recent buildings from the road edge and distance from outer edge of the side of roadside ditches are: National Highway and not less than 50 m of high-grade Highway, provincial and county roads less than 20 metres, the rural road and village road less than 10 meters. Article 30th road protection and conservation needs, prohibited in the control areas on both sides of highway construction to permanent buildings, structures, and other facilities.
    Need within the control areas on both sides of Highway pipes, pipelines, cables and other facilities, should be prior to the approval of the traffic Administrative Department.
    Roadside control areas in the historical formation of the permanent buildings, structures and other facilities, not alteration, expansion and addition in place.
    31st in the road on both sides of the control areas really necessary in the construction of temporary buildings, structures and other facilities on the ground, should be agreed by the traffic Administrative Department, when due to road expansion, renovation and other needs, should be removed unconditionally.
    The filling height of the construction of the temporary works shall be 20 cm below the outer edge of the road shoulder elevation.
    Article 32nd planning and construction departments in the cities, towns, and villages along the highway plan, shall solicit the views of the traffic Administrative Department, town planning should be consistent with highway construction control and management of requirements.
    Sixth chapter legal responsibility 33rd article violation this approach 11th article subsection (a) items, and subsection (five) items, and subsection (six) items, and 12th article subsection (six) items, and subsection (seven) items, and 13th article, and 18th article, and 20th article, and 31st article second paragraph provides of, by traffic administrative competent sector ordered stop violations, and recovery undisturbed or compensation loss, and can at 500 Yuan above 30000 Yuan following of fine; has illegal proceeds of, confiscated illegal proceeds.
    34th article violates this way 11th section (b), 30th, 31st article, by traffic administrative departments be ordered to shut down, dismantle, restitution, and to a fine of less than 500 Yuan more than 50000 Yuan; fails to dismantle, by the traffic Administrative Department of demolition, the costs are borne by the builders, building.
    35th article violation this approach 11th article subsection (three) items, and subsection (four) items, and 12th article subsection (a) items, and subsection (ii) items, and subsection (three) items, and subsection (four) items, and subsection (five) items, and subsection (eight) items, and 16th article, and 17th article, and 19th article, and 21st article, and 23rd article provides of, by traffic administrative competent sector ordered stop, and corrected violations, sentenced warning or 50 Yuan above 5000 Yuan following of fine; has illegal proceeds of, confiscated illegal proceeds.
    36th article violates provisions of the first paragraph of this article 14th, as provided for in national laws and regulations for punishment.
    37th article violation this approach 15th article provides, unauthorized in highway Shang set station (card) for charges, and fine and intercept vehicles of, by traffic administrative competent sector ordered stop violations, deadline demolition station (card), confiscated illegal proceeds, and can sentenced 200 Yuan above 20000 Yuan following of fine; late not demolition of, by traffic administrative competent sector demolition, about costs by illegal who bear, on has directly responsibility of competent personnel and other directly responsibility personnel, law give administrative sanctions.
    38th in violation of article 24th of this approach provides that cause damage to the roads did not report in a timely manner, by traffic Administrative Department give a warning or fined a maximum of between 1000 Yuan and 50 Yuan. 39th drivers driving in violation of these rules, cause damage to the road and road pollution refused to accept treatment, or compensate for the loss of more than 1000 Yuan and cannot be dealt with on the spot, traffic administrative departments can withhold vehicle or suspension issued by the traffic management Department of vehicle operating documents, or ordered to suspend road, parked at designated sites, and accept treatment.
    Traffic Administrative Department temporarily suspended when the vehicle or suspend trading documents shall be in accordance with the provisions of laws and regulations issued by withholding documents.
    Withhold vehicles in accordance with the above, the party refused to compensate within the prescribed road loss, fulfilment of the penalty decision, applied for by the traffic Administrative Department of the people's Court for enforcement.
    40th by the traffic Administrative Department of licensing mining, occupy or use of road, the Parties shall, in accordance with the technical standards (restored) complex, or make contributions to road management institutions road damage costs, occupancy costs.
    Road damages, cleaning fee, fee collection standards and management, according to the relevant State provisions.
    41st Highway administrative personnel who violate these rules, dereliction of duty, abuse of authority, who, by their work units, the competent department or compliance department penalties losses, compensation according to law constitutes a crime, criminal responsibility shall be investigated according to law.
    42nd article of obstruction of the road administration personnel carrying out their duties, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security penalties constitutes a crime, criminal responsibility shall be investigated according to law.
    Seventh chapter supplementary articles article 43rd special roads road management in accordance with the measures implemented.
                                                                                                                            The 44th article of the rules take effect on March 1, 2007.