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Local Regulations No. 5 2013

Original Language Title: Peraturan Daerah Nomor 5 Tahun 2013

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REGULATION OF RIAU PROVINCE AREA

NUMBER 5 YEAR 2013

ABOUT

SETTING UP THE USE OF PUBLIC ROADS AND SPECIAL ROADS

WITH THE GRACE OF GOD ALMIGHTY ESA

GOVERNOR OF RIAU,

DRAWS: A. that the agility, security, safety and

comfort in passing the cross on public roads is the right for any people to be protected by the government as stated in

the country's objectives at the opening of the 1945 Constitution; b.that is empirically the common road condition

within the Riau Province region very quickly experiencing damage from the age of road plans already

determined; c. that road damage may incur a variety of

types of forms the loss of the road user community;

d. that based on consideration as

referred to in letter a, the letter b and the letter c need

form the Regional Rule on the Settings of General Street and Special Path;

Given: 1. Article 18 Verse (6) of the Basic Law of the Republic of Indonesia in 1945;

2. Act No. 61 of 1958 on the Establishment of the Area of Riau (State of the Republic of Indonesia 1958 No. 112 additional

sheet of state of the Republic of Indonesia No. 1646);

3. Law No. 18 of 2004 on

estates (State of the Republic of Indonesia of the Year

2004 Number 85, Additional Gazette of the Republic of Indonesia No. 4411);

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4. Law No. 32 of the Year 2004 on Local Government (Republican Gazette

Indonesia Year 2004 Number 125, Additional Gazette of the Republic of Indonesia No. 4437) as

has been changed several times, last with Invite-Invite Number 12 Year 2008 on Second Amendment to the Law No. 32 Year 2004 concerning

Regional Governance (State Sheet Indonesia 2008 Number 59, Additional Gazette Republic of Indonesia Number 4844);

5. Law Number 38 Year 2004 on Jalan

(Sheet Nerara Republic Indonesia Year 2004 Number 132, Additional Gazette Republic of Indonesia Number 4444);

6. Law Number 26 Year 2007 on Settings

Room (State Sheet Of The Republic Of Indonesia In 2007 Number 68, Additional Gazette Republic Of Indonesia Number 4725);

7. Law No. 04 of 2009 on

Mineral Mining and Coal (State Sheet

Republic Indonesia Year 2009 Number 4, Additional Gazette Republic of Indonesia Number 4959);

8. Act Number 22 Year 2009 About Then

Traffic and Transport Of The Road (republican Gazette

Indonesia Year 2009 Number 96, Additional Gazette Republic Of Indonesia Number 5025);

9. Law No. 12 Year 2011 on the Establishment of the Laws (Sheet

The State of the Republic of Indonesia of 2011 No. 82, Additional Gazette of the Republic of Indonesia Number 5234);

10. Government Regulation No. 41 of 1993 on

Freight Road (sheet State Of The Republic Of Indonesia 1993 No. 58, Additional Gazette Republic Indonesia Number 3527));

11. Government Regulation No. 42 Of 1993 On

Examination Of A Motorized Vehicle On The Road (Sheet

The State Of The Republic Of Indonesia In 1993 Number 60, Additional Gazette Of The Republic Of Indonesia Number

3528); 12. Government Regulation No. 43 of 1993 on

The Prasana and Traffic (1993 republikIndonesia Gazette Number 63, Supplement

Page of the Republic of Indonesia No. 3529);

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13. Government Regulation No. 44 of 1993 on Vehicle and Driver (republican Gazette

Indonesia In 1993 Number 64, Additional Gazette Republic of Indonesia Number 3530);

14. Government Regulation No. 34 of 2006 on

Jalan (Indonesian Republic of Indonesia Year 2006

Number 86, Additional Gazette Republic of Indonesia Number 4655);

15. Government Regulation No. 38 of 2007 on the Division of Government Affairs Between the Government,

Provincial Local Government and the District/City Government (Indonesian Republic of 2007 Page Number 82, Extra Sheet) Country

Republic of Indonesia Number 4737);

16. Rule Of Riau Province Number 2 In 2008About The Affairs Of The Province Of Riau Provincial Government (leaf Province Of Riau Province 2008 Number 2);

With The Joint Agreement

REPRESENTATIVE COUNCIL OF THE PROVINCIAL PEOPLE OF THE PROVINCE RIAU

AND

GOVERNOR RIAU

DECIDE

ESTABLISH: AREA REGULATIONS ON THE SETTING OF PUBLIC ROAD USAGE AND SPECIAL ROADS

BAB I PROVISIONS UMUM

Article 1

In this Regional Regulation referred to by:

1. The government, is the President of the Republic of Indonesia which holds the power of government of the Republic of Indonesia as

referred to in the Basic Law of the Republic of Indonesia in 1945.

2. Area is Riau Province.

3. The Regional Government is the Governor and the device of the area as an element of the regional government's organizer.

4. The Governor is the Governor of Riau.

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5. DPRD is the Regional People's Representative Council of Riau Province.

6. District/Kota is Regency/City which is in the region of Riau Province.

7. The Head of the Service is the Head of the Riau Provincial Relations Service.

8. The road is for the traffic of the land, above the surface of the water, beneath the surface

the soil and/or water and above the surface of the water, except for the railways, lori roads and the cable road.

9. Public Road is a road that is intended for public traffic.

10. A Special Path is a path built by an instance, an enterprise entity, individual or group of communities for its own sake.

11. Plantation company is an Indonesian national or legal entity established according to Indonesian law and based in Indonesia that manages the plantation business with

a certain scale.

12. Mine is a result of natural products such as petroleum, coal,

iron seeds, mountain stone, crekel, sand, land hogs and more.

13. Plantation output is all goods and services derived from plantations consisting of main products, derived products, products

by side, ikutan products, and other products.

14. A path is an activity that includes setting, coaching, building and road surveillance.

CHAPTER II THE DESTINATION AND SCOPE

Section 2

The setting up of the General Street and Road Specially aimed at: a. Embodied security, order and safety in the use of

roads

b. Embodied a system of useful and successful road network systems to support a unified transportation system;

c. Establish a reliable and prime road service as well as side with the public interest;

d. Embodied the role of the public in the holding and

road supervision;

e. Embodying a technological information system capable of simplifying oversight and preventing the conduct of government apparatus that

violates the law;

f. Embodied the versatgities, alignment and balance for

the road user community;

g. Maintain the sustainability of the environment function and prevent damage.

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Section 3

The Scope of the Local Regulation on the hosting of public roads and special roads includes:

a. settings;

b. coaching;

c. development; and

d. supervision.

CHAPTER III USE OF ROAD USAGE

First Quarter

General Path

Section 4

(1) Any motor vehicle transport of both mine output, results The estate, forestry, and other products are allowed to be transported

by way of public with no more than the Heaviest Axis Charge (MST) of the path already specified through applicable regulations.

(2) If there is a vehicle Motorized freight charge beyond the Heaviest Axis Charge, party. mandatory transport

unload the overload at a predetermined place.

(3) The Local Government is required to create a demolition site

overload of freight vehicles on each Timbang Bridge be within its territory.

(4) In terms of the dismantling of the excess motor vehicle charge

the transport is carried by the Local Government and using the facilities provided by the Local Government, it is levied.

Second Section

Special Path

Article 5

Any freight motor vehicle freight freight which is the heaviest axis permitted must pass a special path.

Article 6

(1) The special path can be categorized into 3 (three): a. a special path only used alone with the type, size, and

load the heaviest axis of the vehicle not the same as the vehicle

that used to be common;

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b. a special path only used alone with the same type, size, and axis charge of the same vehicle as the vehicle that is

used for the public; and c. special path used alone and allowed to be used for

general.

(2) Special Path as referred to in paragraph (1) among others:

a. road in the plantation area;

b. roads in the agricultural region; c. roads in forestry areas, including roads in the region

conservation;

d. roads in the mining area; e. road in industrial area;

f. roads in residential areas that have not been submitted to

general road organizers; and

g. the road while implementation of the construction.

(3) The use of the Special Path must meet the Oblicity as follows;

a. Any Company that uses transit beyond the required provisions in the Regulation of this area must build a special path;

b. The obligation of making a special path as referred to in verse (1) includes the creation of underpass and or flyover at a cross or crossing with a common path;

c. The creation of underpass and or flyover of a cross or crossing is performed after receiving technical considerations from the instance or

in accordance with the applicable provisions.

Section 7

(1) The Road Specifically, the arterial road that the motor vehicle can pass with a wide size does not exceed 2,500 millimeters, the length

does not exceed 18,000 mlilimeter and the most high size of 4200 millimeters from the ground surface.

(2) The Road special as referred to in Section 7 indicated with

rambu or sign that stated that the intended path is not for the public.

(3) The road specifically does not release users against the regulations

safety and compulsory attention to all aspects of the Environment.

(4) The street is responsible for the full responsibility.

(4) The street is fully responsible against the road conditions that

assessed is not safe to use.

Article 8

(1) Instance, enterprise, individual can build and maintain special roads with local government permissions.

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(2) The Special Path as referred to in paragraph (1) may be used for general traffic, as long as it does not harm

the interests of the special road organizers based on the approval of the road organizers special.

Third Part

The Special Path Change Status Becomes a Public Path

Article 9

The special path may change its status into a public road if:

a. The organizers are submitted to the Government.

b. The organizers are taken over by the Government based on the development needs of the region and or the development of the population.

c. The organizers are taken over by the Government under the consent of the two parties.

Article 10

(1) The hosting of special roads to the District/City Government as referred to in Article 9 of the 1 letter a letter is proposed by the special road organizer who is equipped for reasons

submission.

(2) The Regent/Mayor may accept the submission of the hosting

special after considering the reason for submission and benefit to the community.

(3) In terms of a special path is unprotected or derelict

and/or no longer required by special road organizers but desired by the public as a public road, hence the proposal of a special road submission into a public road may be conducted by

the public, addressed to the organizers Special road and to the Regent/Mayor.

(4) If the dedicated road organizer gives permission for the public proposal as referred to in paragraph (3), then the Regent/Mayor may accept the proposal of the submission of such a special path.

(5) If the organizers of the special road do not give permission for the community's proposal as referred to in paragraph (3), then the Regent/Mayor

may reject the public's proposal or take control of it after evaluating its benefits for the community.

(6) The Road It's the only thing that's left of the city. Reported to the Governor.

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The Fourth Part Of The Common Road User Obligation

For Freight Freight

Section 11

Any holder of the General Street Use permit must meet the following obligations:

a. Use the transportation mode that meets the appropriate requirements

with the provisions in the invite-invite rule.

b. Perform rebalancing and internal charge load checks

before entering the exit portal and public road.

c. Installing software that contains all vehicle data provided by the government.

d. Install and close tarp or other materials on the top of the charge that can guarantee safety and public road hygiene.

e. Perform washing and or ensure that the wheels or tires of the vehicle are free of clay or mud or other particles that can interfere with other road users when entering the street

general.

f. Perform public road clearing through neglect of the charge/load packaging system.

g. Complying with the provisions of the amount of weight allowed in accordance with the MST of the road and the specifications of the vehicle and the charge height limit and

the vehicle's completeness as contemplated in the invite, as well as applicable regulations.

h. Using a capable driver of the transport vehicle, skilled, disciplined

on the road and spared bad habits harms other road users.

Fifth Part Sistim Information and Traffic Communication

and Road Transport

Article 12

(1) To support security, safety, order, agility of lulu

across traffic and freight and transparency are organized with using a unified Information Systems and communication.

(2) Organizing information systems and traffic communication and transit

the road is hosted by the provincial government and the District/City government under applicable provisions and perinvitations.

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(3) Hosting of Information and Traffic communications and road transit includes;

a. The path of the road planner

b. The area of the means and the infrastructure of traffic and road transport c. Registration and identification of motor and driver vehicle identification,

law enforcement, traffic management and traffic engineering as well as traffic education.

(4) Traffic Information and Communication Systems and Road Transport.

as referred to in paragraph (3) is a subsystem in the Traffic and Road Traffic Information System.

(5) the Traffic Information and Communications System and the integrated Road Transport as referred to in paragraph (1) controlled by a control center that integrates data, information, and communication from

any subsystem.

(6) Data, information, and communication as referred to in paragraph (5)

must be accessible to any of the Traffic and Road Transport and Law Enforcement pursuant to its authority and be accessible to the IBM Cloud Service. Open by the public through the community-based network.

The Sixth Part

Management of Information and Communications Systems

Article 13

(1) In realizing the Information System and the Traffic and Transit Communications as referred to in Article 12 of the paragraph (2) any

Traffic and Freight Transit is mandatory to manage information subsystems and traffic communication and Road Transport in accordance with its authority.

(2) The information and communication subsystems built by each of the Last Enlargers Traffic and Road Transport is integrated in the control center of the Information Systems and Traffic Communications and Road Transport.

(3) The control center as referred to in paragraph (2) is managed by the Riau Provincial Relations Service and the State Police. Republic of Indonesia.

Seventh Quarter

Development Information and Communication Systems

Article 14

(1) To fulfill the principal tasks and functions of various stakeholders, developed Information Systems and Traffic Communication

and the Road Transport covering the system structured, information networks, communication networks, and data centers.

(2) structured systems, information networks, communication networks, and centers

data as referred to in paragraph (1) include:

a. planning; b. policy formulation;

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c. monitoring;

d. surveillance; e. control;

f. Geographical information; g. Tracking; h. Road User information;

i. Traffic flow detection; j. Motor vehicle number recognition recognition, and/or

k. Motor vehicle identifiers in the Traffic Room.

BAB IV

COACHING AND SUPERVISION OF FREIGHT VEHICLES

PART COACHING

Section 15

(1) The local government conducts coaching to improve the observance of efforts and/or the use of Road use permit

General in setting up transport of mining results, plantations, forestry and other freight transport.

(2) The supervision in this area ' s regulations originates from the permit expenditure Vehicle eligibility is based on the applicable Rules and Appliances.

(3) Coaching as referred to in paragraph (1) of the counseling regarding the regulations of this Area.

(4) Guna carries out the coaching duties as referred to the paragraph

(1) can be formed Team unified.

Second Section Oversight

Article 16

(1) Officials issued eligibility permits that do not match

actual conditions may be in Provide the sanction according to the provisions of the Invite Invite and the rules that govern it

(2) The Test Officer must carry out the full test

liability under the rules.

(3) The results of the mandatory motorized vehicle testing were given the system

monitoring based Information Technology that contains the entire data vehicle the test result of the test provided by the designated officer.

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(4) This data may be emitted and must be able to be perfectly captured on predefined check posts or places

an undefined check using the Technology-based technology Information.

(5) The surveillance of unregistered vehicles in Propinsi Riau and which settled in Riau exceeds 30 days carried out using the Information Technology System.

(6) Appliances and costs arising to install, data, disapproval of the regulations of this area is charged to APBD. The officer is not justified to collect from any party.

(7) Officers who violate the provisions in the Perda and in the Invite the other governing regulations may be granted the Sanctions and

punished in accordance with the rules that govern it.

(8) Concurrent supervisors make the Integrity and supervised pact by both fixed and ad hoc supervisors.

(9) The governor in accordance with his authority is conducting oversight of the observance of the General Street User's permission to comply with the terms of the IBM International Basic General Terms. with

the terms of the requirements and obligations set forth in the Regulation This area

(10) To perform surveillance as referred to in paragraph (1)

The governor may appoint the Chief of Service and/or be formed of the Integrated Supervising Team.

(11) The Head of the Service /Supervising Team is carrying out the task

The supervision includes;

a. Monitoring and Evaluation of the observance of the requirements and obligations of the permit;

b. Provides a supervising post, as well as other surveillance means;

c. Ensure the information openness and information about this Technological Infomation is continuous and can be watched by

the entire community via a website that is broadcast in real time and current.

Part Third

Supervision Of Freight Freight

Article 17

(1) Any motor vehicle, freight train and pasting trains that

imported, made and/or assembled are operated on the road to meet requirements and pass the testing as evidenced by the authorized document.

(2) The Driver And/or Transit Companies are required to comply with the provisions of the loading, load, vehicle dimensions, and

street classes.

(3) To oversee the fulfillment of the provisions as referred to in paragraph (1) are conducted surveillance Freight charge.

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(4) The transport load surveillance of the goods is carried out using the balancing tool with CCTV connected to the holder,

the executor, and the policy supervisor as well as being able to be unstopped by the whole community through the Government website.

(5) Any balancing performed in any displacement must be accompanied by CCTV observations connected and broadcast live through the Government Site.

(6) The Information System applied Must ensure a continuous, non-stop, non-stop, report The balance of the verse (3) consists of:

a. a fixed fixed balancing tool; or b. Transferable rebalancing tool.

(7) Government and government-weigh bridge officers and local governments are not justified to receive any levies in place of surveillance.

Article 18

(1) Tools Fixed balance is installed on a specific location.

(2) The location of the location, operation and closing of the balancing tool that is installed on the Path as the referred to the paragraph (1) is carried out by the Government, with regard to its potential

Aberration.

(3) Operating and balancing tool maintenance installed

remains done by the Government's designated balancing unit.

(4) The installed balancing tool officer is required to be required to use the following types of data.

goods transported, freight weight, and destination.

Article 19

(1) The rebalancing tool as referred to in Section 17 of the paragraph (6) letter b is used in the examination of the Motor Vehicle in the The path and investigation of a felony charge violation.

(2) The operation of the tool the balancing for the inspection of the Motor Vehicles on the Road as referred to in verse (1) was carried out by the Motor Vehicle Inspector.

(3) The operation of the balancing tool as referred to in paragraph (1) is carried out with the Service Relationship with State Police officer

Republic of Indonesia.

Fourth Quarter

Road User Safety

Article 20

(1) Local Government of the State Police Indonesia Compulsory

providing safety coaching to Vehicle Users About how to drive and transport safely to attainment without any accidents.

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(2) The Local Government is required to provide medical equipment for the purpose of evacuation, first aid in an accident, with a radius that

is sufficient for road coverage to provide service to the road users so that can suppress death figures.

(3) The Local Government can cooperate with the private sector to save the safety program as well as in cooperation with government or private hospitals in particular in the post

accident.

(4) Private parties that have evacuation and medical facilities are required to provide assistance to accidents that occur within the scope

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(5) The Local Government establishes Emergency Call Information Systems and

Operational Standards of Procedure specified in the Governor's Rule.

Article 21

Further provisions on the surveillance of freight freight are set up by the governor's regulations.

CHAPTER IV OF THE INVESTIGATION PROVISIONS

Article 22

(1) Certain Civil Service officials in the Local Government are granted special authority as an investigator to conduct a probe

a violation of the Regional Rules violation.

(2) The authority of the investigator as contemplated on verse (1) is:

a. Receive reports or complaints from a person regarding a criminal offence for violation of the Regional Regulations and/or other Laws;

b. Perform first actions and checks in the event of the event;

c. Send someone to stop and check out the suspect's self-identification.

d. Commit forfeiture of objects or letters;

e. Take a fingerprint and photograph someone;

f. Calling people to be heard of his description and being examined as a suspect or a witness;

g. Bring the necessary experts in conjunction with

case checks;

h. Conducting a termination of the investigation after receiving instructions from an investigator that there is not enough evidence or event

is not a criminal offence and subsequently through investigators notifying it to the public prosecutor, suspect or

his family;

i. Conduct other actions by law that can be held accountable.

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(3) Investigators as referred to in paragraph (1) notify the commencement of the inquiry and deliver the results of its inquiry to

General Prosecuting through the Investigator of the State Police of the Republic of Indonesia with provisions Law No. 8 Year 1981 on Law

The Criminal Event is in effect.

(4) The Investigations of the Civil Servlet in carrying out a motorized vehicle inspection of the street is required to be accompanied by the Police officer

republic of Indonesia.

(5) In carrying out the authority of the civil servants of the civil servant remains Guidelines on the terms and applicable invitations

BAB V

SANCTION

Section Parts of the Administration sanction

Article 23

(1) The governor is in charge of the Sanctions the administration to any business and business responsibility that violates the prohibition and obligations conditions as set forth in

the regulations of this area.

(2) The form of administrative sanctions imposed as such meant

in paragraph (1) is a form; a. A warning letter for a new misdemeanor is committed once; b. Compulsion in the form of command stops the vehicle that

indicated in violation before entering the public road, the command correcting the infrastructure and the general infrastructure of the breach

which is done; c. Forced money or replacement money if the business is responsible or

Licensee may not comply with the government's coercion order;

d. Administrative fine; e. Temporary suspension of operational transit on public roads; f. Suspension of permission;

g. Revocation of the license.

(3) the imposition of sanctions as referred to in local regulations

this must be preceded by the authentic evidence of the information technology system that records the breach and is made news of the event by a unified team.

(4) The Chief of the Wajib Region gives sanctions as has been set in regulation to the officer if it proves to be a violation.

Second Section of the Criminal Sanction

Article 24

(1) Any person who Violate the provisions of Article 4 of the paragraph (1) and paragraph (2), Article 5, Section 11 and Section 17 of the paragraph (1) and (2), threatened with penal

confinement for the longest 3 (three) months or fine the most Rp 50,000.000.00 (fifty million rupiah).

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(2) Penal Tindak as referred to in paragraph (1), is a violation.

(3) The officer may not receive any levies on the supervision site

done.

(4) In addition to criminal sanctions as referred to in paragraph (1) can

be subject to criminal sanction in accordance with laws.

BAB VI

provisions TRANSITION

Section 25

With the implementation of this Regional Regulation, then any regional regulations

and other lesser regulations if in conflict with the Regulation. This area is declared not applicable and has no binding legal power.

BAB VII

provisions CLOSING

Article 26

Further provisions regarding matters not set in Regulation.

This area along about the technical implementation is set with Governor ' s Rule.

Article 27

The rules of this Region begin to apply 6 (six) months after it is promulred. In order for everyone to know ordering the Rules invitter

This area with its placement in the Riau province Area Sheet.

Set in Pekanbaru

on the date

GOVERNOR RIAU,

H.M. RUSLI ZAINAL

promulsted in Pekanbaru on the date

PROVINCE REGIONAL SECRETARY OF RIAU

H. WAN SYAMSIR YUS

LEAF AREA OF RIAU PROVINCE ' S 2013 NUMBER: