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城市道路管理条例 REGULATIONS ON THE ADMINISTRATION OF URBAN ROADS

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国务院令第198号
(Promulgated by Decree No. 198 of the State Council of the People's Republic of China on June 4, 1996)
颁布日期:19960604  实施日期:19961001  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated for the purposes of strengthening the administration of urban roads, guaranteeing urban roads in good condition, giving full play to the function of urban roads and promoting the urban economy and social development.

  Article 2 For the purpose of these Regulations, the term “urban road” shall mean either urban roads and bridges providing passage to vehicles and passengers and with certain technical conditions or attached facilities of such roads and bridges.

  Article 3 These Regulations shall apply to the planning, building, maintenance, repair and the administration of urban roads.

  Article 4 The administration of urban roads shall follow the principles of unified planning, building complete network, coordinate development and laying equal stress on building, maintenance and administration.

  Article 5 The state shall encourage and support the research in urban road science and technology, spread advanced technology and raise the scientific and technical level with regard to the administration of urban roads.

  Article 6 The administrative department for construction of the State Council shall take charge of the administration of urban roads throughout the country.

  The administrative department for urban construction of people's governments of provinces and autonomous regions shall be responsible for the administration of urban roads within their respective regions.

  The administrative department for municipal engineering of municipal people's governments at and above the county level shall be responsible for the administration of urban roads within their respective regions.

  Chapter II Planning and Building

  Article 7 Municipal people's governments at and above the county level shall organize the departments of municipal engineering, city planning, public security and communications, etc. to work out a planning for the development of urban roads in accordance with the general city planning.

  The administrative department for municipal engineering shall, in accordance with the planning for the development of urban roads, make an annual plan for the building of urban roads and implement the plan after it has been approved by the municipal government.

  Article 8 The funds for the building of urban roads may, in accordance with relevant provisions of the state, be raised through various channels such as government investment, pooling resources, domestic or external loans, income from compensated use of state-owned land and issuing bonds.

  Article 9 The building of urban roads shall comply with the technical standards of urban roads.

  Article 10 In case government invests to build an urban road, the construction shall be organized by the administrative department for municipal engineering in accordance with the planning for the development of urban roads and the annual plan for the building of urban roads.

  The building of urban roads through investment by units shall be consistent with the planning for the development of urban roads and must be submitted to the administrative department for municipal engineering for approval.

  The building of roads in urban residential quarters or development areas shall be incorporated in the plan for the development and construction of the residential quarter or development area as a necessary part of the plan.

  Article 11 The state encourages domestic and foreign enterprises, other organizations and individuals to make investment in the building of urban roads in accordance with the planning for the development of urban roads.

  Article 12 The plans for the installation of various pipes and lines and pole lines attached to urban roads for urban drainage, supply of water, gas, heating power and electricity, communications and fire fighting, etc. shall be coordinated with the planning for the development of urban roads and the annual plan for the building of urban roads. Such facilities shall be installed in step with the building of urban roads by following the principle of underground operations first.

  Article 13 In case a newly built urban road intersects with a main railway line, the relevant city planning shall, in the light of the need, leave space for the future construction of overpass installations.

  Intersections of urban roads and railway lines shall be constructed in accordance with the state's technical standards, and overpass installations shall be built at such intersections step by step in the light of the need. The investment needed for the construction of overpass installations shall be determined through consultation by relevant departments according to relevant provisions of the state.

  Article 14 Bridges over and tunnels under rivers shall be built in accordance with the state's flood control standards, navigation standards and other relevant technical standards.

  Article 15 Municipal people's governments at and above the county level shall, in accordance with the technical standards for urban roads and in a planning way, rebuild and broaden junctures of urban roads and highways, and the department for highway administration may give financial support in accordance with relevant provisions of the state.

  Article 16 A unit engaging in design or building of urban roads must have a qualification degree and take on corresponding design or building of urban roads in accordance with its qualification degree.

  Article 17 Urban roads shall be designed and built in strict accordance with the national and local technical standards for urban road design and building.

  A system for supervision of construction quality shall be adopted in urban road building.

  Urban roads may be open to traffic only after passing the inspection; those without inspection or failing to pass the inspection may not be open to traffic.

  Article 18 A guarantee system shall be adopted to urban roads. The guarantee period for urban roads shall be a year, counting from the date of its opening to traffic. The relevant unit shall be responsible for any construction quality problem arising within the guarantee period.

  Article 19 With respect to large-scale bridges and tunnels built with loans or pooling resources, the administrative department for municipal engineering may, within a certain period, charge tolls from passing vehicles(excluding military vehicles)。 Tolls charged may not be used for purposes other than repaying the loans or pooling resources.

  The scope and period for charging tolls shall be determined by the people's government of province, autonomous region or municipality directly under the central government.

  Chapter III Maintenance and Repair

  Article 20 With regard to urban roads built under its own organization and under its own administration, the administrative department for municipal engineering shall, in the light of the grades and amount or number of the urban roads as well as the maintenance and repair quotas, fix the financial appropriations annually for the maintenance and repairs, and arrange the maintenance and repair funds in a unified way.

  Article 21 Units undertaking to maintain and repair urban roads shall strictly implement the technical norms for urban road maintenance and repair, conduct the maintenance and repair regularly and ensure the quality of the maintenance and repair works.

  The administrative department for municipal engineering shall carry out supervision over and inspection on the quality of the maintenance and repair works, and ensure the urban roads in good condition.

  Article 22 The maintenance and repair of urban roads built under the organization and under the administration of the administrative department for municipal engineering shall be entrusted to an urban road maintenance and repair unit(s)by said department. Urban roads built with investment by a unit and under the control of the same unit shall be maintained and repaired by the investing unit or other units entrusted by the investing unit. Roads in residential quarters and development areas shall be maintained repaired by the construction unit or other units entrusted by the construction unit.

  Article 23 Check wells and case lids installed on urban roads for various pipes and lines and the attached facilities of urban roads shall conform to the standards for urban road maintenance. In case where any of them is damaged or missing resulting in being harmful to traffic and safety, the relevant title unit shall supply the missing or repair the damages in good time.

  Article 24 Urban road maintenance and repair works shall be completed within prescribed periods and clear signs and protective walls shall be put and set up on the operation sites so as to ensure the safety of pedestrians and traffic.

  Article 25 Vehicles special for urban road maintenance and repair shall bear a uniform symbol; when carrying out tasks, they are not subject to restrictions on routes or directions so long as the traffic safety is ensured and the traffic can be kept going.

  Chapter IV Road Administration

  Article 26 When performing duties, personnel with duties of road administration of the administrative department for municipal engineering shall, in accordance with relevant provisions, wear a badge and hold the certificate.

  Article 27 The following acts shall be forbidden on urban roads:

  (1) occupy or dig urban roads without authorization;

  (2) caterpillar tractors, iron-wheel tractors or trailers or overweight, over height or over length vehicles' going on urban roads without authorization;

  (3) motor vehicles' testing brakes on bridges or non-designated urban roads;

  (4) construct buildings or structures on urban roads without authorization;

  (5) erect along bridges gas pipes with a pressure of 4 kg./ sq. cm. (0.4 megopa scale) or power lines with high-tension of more than 10 Kv. or other inflammable or explosive pipes or lines;

  (6) put billboards or hang suspended articles on bridges or road lamp installations without authorization; or

  (7) other activities damaging or occupying urban roads.

  Article 28 Where any caterpillar tractor, iron-wheel tractor or trailer or any overweight, over height or over length vehicle needs to go through urban roads, a permit shall be obtained in advance from the administrative department for municipal engineering, and the vehicle shall go through at the time and along the route designated by the department for administration of public security and communications.

  Military vehicles which need to go through urban roads when performing duties are not subject to provisions of the preceding paragraph, but shall take safety and protective measures in accordance with relevant provisions.

  Article 29 Only with the approval of the administrative department for municipal engineering may pipes, lines or pole lines be built attaching to urban roads.

  Article 30 Without the approval of the administrative department for municipal engineering and the department for the administration of public security and communications, no unit or individual may occupy or dig urban roads.

  Article 31 When there is a need to temporarily occupy any urban road due to some special reasons, an approval must be obtained from the administrative department for municipal engineering and the department for the administration of public security and communications. Only with such approval may the urban road be occupied in accordance with relevant provisions.

  Those approved to temporarily occupy an urban road may not damage the urban road and shall, upon the expiration of the occupation, immediately clean up the occupied site and make the urban road restore to the original state; those having made damages to the urban road shall make renovation or give compensation.

  Article 32 Municipal people's governments shall strictly control occupying urban roads as fair grounds.

  When there is really a need to occupy urban roads as fair grounds, an approval shall be obtained from the municipal people's government at or above the county level; those occupying urban roads as fair grounds without authorization shall be ordered, by the administrative department for municipal engineering, to evacuate and clean up the occupied urban roads and make them restore to functions.

  The existing occupations of urban roads as fair grounds starting before the implementation of these Regulations without the approval of the municipal people's government at or above the county level shall go through the procedures for examination and approval in accordance with provisions of these Regulations.

  Article 33 Those who are to dig urban roads for some engineering operation shall go through the procedures for examination and approval with the administrative department for municipal engineering and the department for the administration of public security and communications by producing the approval documents issued by the city planning department and relevant design papers. Only with the approval of the administrative department for municipal engineering and the department for the administration of public security and communications can the urban roads be dug in accordance with relevant provisions.

  Urban roads newly built, broadened or rebuilt may not be dug within five years from its opening to traffic and urban roads having undergone big repair may not be dug within three years from the completion of the repair; when there is a need to make digging due to some special reasons, an approval shall be obtained from the municipal people's government at or above the county level.

  Article 34 When any pipe or line buried under urban roads has broken down and needs rush repair, the urban road may be dug and rush repair conducted immediately and, in the meanwhile, a report shall be submitted to the administrative department for municipal engineering and the department for the administration of public security and communications and the procedures for approval shall be gone through within twenty-four hours.

  Article 35 Those approved to dig urban roads shall put clear signs and set up protective walls on the operation sites and, after the completion of the operation, immediately clean up the sites and notify the administrative department for municipal engineering for inspection.

  Article 36 Those approved to occupy or dig urban roads shall make the occupation or digging at the approved location and within the approved area and period. When there is a need to change the location or extend the area or period, they shall go through in advance the procedures for approving the changes.

  Article 37 Those occupying or digging urban roads under the administration of the administrative department for municipal engineering shall pay fees for the occupation or renovation-after-digging of urban roads to the said department.

  The schedule of fees for occupation of urban roads shall be drawn up by the administrative department for construction of the people's government of province or autonomous region or by the administrative department for municipal engineering of the people's government of municipality directly under the central government, and submitted to the departments of finance and price control at the same level for ratification. The schedule of fees for renovation-after-digging of urban roads shall be formulated by the administrative department for construction of the people's government of province or autonomous region or by the administrative department for municipal engineering of the people's government of municipality directly under the central government, and submitted to the departments of finance and price control at the same level for filing.

  Article 38 The administrative department for municipal engineering may, in the light of the need of municipal construction or other special needs, make decision with regard to temporary occupation of urban roads by units or individuals to reduce the area of occupation, shorten the period of occupation or stop the occupation and, in accordance with the actual situation, refund some of the fees already paid for the occupation.

  Chapter V Penalty Provisions

  Article 39 If anyone commits any of the following acts in violation of these Regulations, the administrative department for municipal engineering shall order them to suspend the design or building and make corrections within a prescribed time limits, and may impose a fine up to 30,000 yuan or, when circumstances are serious, suggest to the department issuing the credentials for design or building that such credentials be revoked, if they have already been issued:

  (1) undertake to design or build urban roads without qualifications for design or building or beyond their qualification degree for design or building;

  (2) fail to design or build urban roads in accordance with the technical standards for design or operation; or(3) fail to conduct operations in accordance with design drawings or alter the design drawings without authorization.

  Article 40 If anyone violates the provisions of Article 17 of these Regulations by using without authorization urban roads that have not been inspected or fail to pass the inspection, the administrative department for municipal engineering shall set a time limit for correction and give a warning and may concurrently impose a fine up to two percent of the cost of the works.

  Article 41 If any unit engaging in urban road maintenance and repair violates the provisions of these Regulations and fails to conduct regular maintenance and repair or fails to complete the repairs within the prescribed time limits and refuse to accept the supervision and inspection by the administrative department for municipal engineering, the administrative department for municipal engineering shall set a time limit for correction, give a warning, and impose a disciplinary sanction to the person in charge directly responsible and other person directly responsible.

  Article 42 If anyone violates the provisions of Article 27 of these Regulations or commits any of the following acts, the administrative department for municipal engineering or other relevant department shall set a time limit for correction and may impose a fine up to 20,000 yuan, or if any losses have been caused, the party responsible shall bear the responsibility for compensation:

  (1) fail to supply or repair in good time the missing or damages of check wells or case lids of various pipes or lines on urban roads or facilities attached to urban roads;

  (2) fail to put clear signs or set up protective walls on the urban road operation sites;

  (3) fail to clean up the urban roads after the occupation or digging of urban roads;

  (4) install various pipes, lines or pole lines attaching to urban roads without going through procedures for approval in accordance with provisions;

  (5) fail to go through the procedures for approval in accordance with relevant provisions after a rush repair of pipes or lines buried under urban roads; or

  (6) fail to comply with the approved location, area or period in occupying or digging urban roads, or change the location or extend the area or period without going through the procedures for approval in advance.

  Article 43 Those violate provisions of these Regulations and commit a crime shall be investigated for criminal responsibility by the judicial organ; if the circumstances are not serious enough to constitute a crime but a penalty for public security should be given, a penalty shall be imposed in accordance with provisions of the Regulations on Administrative Penalties for Public Security.

  Article 44 Personnel of the administrative department for municipal engineering who commit a crime by neglecting duties, abusing powers or playing favoritism and committing irregularities shall be investigated for criminal responsibility or, if the circumstances are not serious enough to constitute a crime, be given a disciplinary sanction in accordance with the law.

  Chapter VI Supplementary Provisions

  Article 45 These Regulations shall go into effect on October 1, 1996.

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