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全国人民代表大会常务委员会关于修改《中华人民共和国公路法》的决定 附:修订本 Decision of the Standing Committee of the National People's Congress on amendment to the (Highway Law of the People's Republic of China)

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(Adopted at the 12th Meeting of the Standing Committee of the Ninth National People's Congress on October 31, 1999 and promulgated by Order No. 25 of the President of the People's Republic of China on October 31, 1999)
时效性:已被修正  颁布日期:19991031  实施日期:19991031  失效日期:20040828  颁布单位:全国人大常委会

  1. The 12th Meeting of the Standing Committee of the Ninth National People's Congress decided to make following amendment to the (Highway Law of the People's Republic of China):

  (1) The first paragraph of the Article 21 shall be amended as: " Raising funds for highway construction may ask for loan from domestic and foreign financial organizations according to law, besides financial allocations from people's governments at various level including funds for specified item of highway construction by raise through in accordance with law collecting taxes turned to as allocations."

  (2) Article 36 shall be amended as: " State adopts the measure of collecting taxes to raise funds for maintenance of highway according to law. The specific measure of implementation and its steps shall be stipulated by State Council."

  "In accordance with law funds raised by collecting taxes for highway maintenance must be used for specific item of maintaining and reconstructing highway."

  (3) Article 76 shall be deleted.

  In accordance with this decision the (Highway Law of the People's Republic of China) shall be amended correspondingly and repromulgated again and effective as of the date of promulgation.

  2. The State Council shall abolish various unresonable fee collecting, determine rational range of taxes collecting and adopt effective measure to prevent from increasing of burden on peasant, at same time shall prevent from increasing of burden on units who consuming oil not for vehicle, when formulates the measure of implementation for changing fee collecting of highway and vehicle to taxes collecting.

  Appendex: Highway Law of the People's Republic of China (1999) (Adopted at the 26th Session of the Standing Committee of the Eighth National People's Congress on July 3, 1997 and revised according to the Decision Concerning the Revision of the (Highway Law of the People's Republic of China) adopted at the 12th Meeting of the Standing Committee of the Ninth National People's Congress on October 31, 1999)

  Contents

  Chapter I General Provisions

  Chapter II Highway Planning

  Chapter III Highway Construction

  Chapter IV Highway Maintenance

  Chapter V Highway Administration

  Chapter VI Toll Highways

  Chapter VII Supervision and Inspection

  Chapter VIII Legal Responsibility

  Chapter IX Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is enacted with a view to enhancing highway construction and administration, promoting the development of highways and meeting the requirements of socialist modernization and people's life.

  Article 2 This Law shall be applicable in engaging in highway planning,construction, maintenance, operation, use and administration within the territory of the People's Republic of China.

  The highways referred to in this Law cover highway bridges, highway tunnels and highway ferries.

  Article 3 Development of highways should follow the principle of overall planning, rational distribution, quality assurance, assurance of unimpeded traffic, environmental protection and laying equal stress on construction, transformation and maintenance.

  Article 4 People's Governments at all levels should adopt strong measures to foster and promote highway construction. Highway construction should be integrated into the national socio-economic development plan.

  The State encourages and guides domestic and foreign economic organizations to invest in highway construction and operations in accordance with law.

  Article 5 The State assists and fosters national minority regions,remote border regions and poor regions in the development of highway construction.

  Article 6 Highways are classified as state highways, provincial highways,county highways and village highways in accordance with their respective status in the highway network, and are classified as expressways, grade-one highways, grade-two highways, grade-three highways and grade-four highways in accordance with technical grades. Specific classification standards shall be worked out by the department of communications under the State Council.

  Construction of new highways should meet the requirements of technical grades. Measures should be taken to gradually transform those previously built highways outside the grades which fail to meet the requirements of the lowest technical grade into highways meeting the requirements of technical grades.

  Article 7 Highways are under state protection. No unit or individual shall destroy, damage or illegally occupy highways, land for highways and ancillary facilities of highways.

  Every unit and individual have the obligation to care for highways, land for highways and ancillary facilities of highways, have the right to report and charge acts of destruction and damage of highways, land for highways,ancillary facilities of highways and acts affecting highway safety.

  Article 8 The department of communications under the State Council is in charge of the work related to highways throughout the country.

  The departments of communications of local People's Governments above the county level are in charge of the work related to highways within their respective administrative areas; however, the duties and responsibilities of the departments of communications of local People's Governments above the county level in the administration and supervision of state highways and provincial highways shall be determined by the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government.

  Village, national minority village and township People's Governments are responsibile for the construction and maintenance of village highways within their respective administrative areas.

  The departments of communications of local People's Governemnts above the county level may decide that agencies of highway administration shall perform their duties and responsibilities in highway administration in accordance with the provisions of this Law.

  Article 9 All units and individuals shall be prohibited to establish posts, collect toll, impose fines and intercept vehicles on highways.

  Article 10 The State encourages sci-tech research in the work related to highways and shall give rewards to units and individuals that have scored outstanding achievements in highway sci-tech research and applications.

  Article 11 Provisions for special-purpose highways in this Law apply to special-purpose highways.

  Special-purpose highways mean the roads built, maintained and managed by enterprises or other units which provide transport services exclusively or mainly for those enterprises or units.

  Chapter II Highway Planning

  Article 12 Highway planning should be made in accordance with the requirements of the national socio-economic development and national defense buildup and in coordination with urban construction development planning and development planning of other modes of communications and transport.

  Article 13 Land use planning for highway construction should be in line with overall land use planning, and land used for construction of the year should be integrated into annual land use plan for construction.

  Article 14 State highway planning shall be made by the department of communications under the State Council in conjunction with the departments concerned under the State Council and in consultation with the provinces,autonomous regions and municipalities directly under the Central Government along the state highways and shall be submitted to the State Council for approval.

  Provincial highway planning shall be made by the departments of communications of the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the departments concerned at the same level and in consultation with the People's Governments at the next lower level along the provincial highways and shall be submitted to the People's Governments of the provinces, autonomous regions and municipalities under the Central Governments for approval and submitted to the department of communications under the State Council for the record.

  County highway planning shall be made by the departments of communications of the People's Governments at the county level in conjunction with the departments concerned at the same level and shall be submitted to the People's Governments at the next higher level for approval upon examination and finalization by the People's Governments at the same level.

  Village highway planning shall be made by the village, national minority village and township People's Governments with the assistance of the departments of communications of the People's Governments at the county level and shall be submitted to the People's Governments at the county level for approval.

  County highway and village highway planning approved as prescribed in the third Paragraph and the fourth Paragraph should be submitted to the departments of communications of the People's Governments at the next higher level of the approval organs for the record.

  Provincial highway planning should be in coordination with state highway planning. County highway planning should be in coordination with provincial highway planning. Village highway planning should be in coordination with county highway planning.

  Article 15 Special-purpose highway planning shall be made by units in charge of the special-purpose highways and shall be submitted to the departments of communications of the People's Governments above the county level for examination and verification upon examination and finalization by the competent departments at the next higher level.

  Special-purpose highway planning should be in coordination with highway planning. Upon discovery of incoordination between special-purpose highway planning and state highway, provincial highway, county highway and village highway planning, the departments of communications of the People's Governments above the county level should put forth suggestions for revisions,and the competent departments and units of the special-purpose highways should make corresponding revisions.

  Article 16 Partial adjustments in state highway planning shall be decided upon by the organs which originally made the plans. For state highway planning which requires major revisions, the organs which originally made the plans shall put forth schemes for revision to be submitted to the State Council for approval.

  For approved provincial highway, county highway and village highway planning that require revisions, the organs which originally made the plans shall put forth schemes for revision to be submitted to the original approval organs for approval.

  Article 17 Naming and numbering of state highways shall be determined by the department of communications under the State Council; naming and numbering of provincial highways, county highways and village highways shall be determined by the departments of communications of the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the relevant provisions of the department of communications under the State Council.

  Article 18 In planning and building of new villages, townships and development zones, the prescribed distance from the highways should be kept and constructions should be avoided corresponding to either side of the highways in order not to turn highways into streets and affect highway operational safety and unimpeded traffic.

  Article 19 The State encourages the use of special-purpose highways for public transport of society. The special-purpose highways when used mainly for public transport of society, the competent unit of the specialpurpose highways or the sides concerned shall submit applications and the special-purpose highway can be reclassified as provincial highway, county highway or village highway with the consent of the competent unit of the special-purpose highway and the approval of the department of communications of the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government.

  Chapter III Highway Construction

  Article 20 Departments of communications of the People's Governments above the county level should, pursuant to their duties and responsibilities,maintain order in highway construction and enhance supervision and administration in highway construction.

  Article 21 Raising funds for highway construction may ask for loan from domestic and foreign financial organizations according to law, besides financial allocations from people's governments at various level including funds for specified item of highway construction by raise through in accordance with law collecting taxes turned to as allocations.

  The State encourages investment by domestic and foreign economic organizations in highway construction. Highway development and operating companies may raise funds by issuing stocks and company bonds in accordance with the provisions of laws and regulations.

  Revenue accrued from transfer of highway toll collection right in accordance with the provisions of this Law must be used for highway construction.

  Raising funds from enterprises and individuals for highway construction must be based on requirements and possibilities, the principle of voluntarism must be adhered to and there shall be no forcible apportionment, and must be in line with the relevant provisions of the State Council.

  Funds for highway construction may also be raised in other ways which are in line with the provisions of law or the State Council.

  Article 22 Highway construction should proceed in accordance with the procedures of capital construction prescribed by the State and the relevant provisions.

  Article 23 Highway construction projects should, pursuant to the relevant provisions of the State, practise corporate responsibility system,tender and bidding system and engineering supervision system.

  Article 24 Highway construction units should, in accordance with the characteristics and technical requirements of highway construction projects, select survey and design unit, construction unit and engineering supervision unit with corresponding qualifications, and pursuant to the provisions of relevant laws, rules and regulations and requirements of highway engineering technical standards, sign separate contracts clearly defining the rights and obligations of both sides.

  Feasibility study units, survey and design units, construction units and engineering supervision units undertaking highway construction projects must hold certifications of qualifications and quality prescribed by the State.

  Article 25 Construction of highway construction projects must be submitted to departments of communications of People's Governments above the county level for approval in accordance with the provisions of the department of communications under the State Council.

  Article 26 Highway construction must conform to highway engineering technical standards.

  Design units, construction units and engineering supervision units undertaking highway construction projects should, pursuant to the relevant provisions of the State, establish sound quality assurance system, practise job responsibility system and carry out design, construction and supervision in accordance with the relevant laws, rules and regulations as well as the requirements of highway engineering technical standards and agreement in the contracts to ensure the quality of highway engineering.

  Article 27 Land use for highway construction shall be processed pursuant to the provisions of the relevant laws and regulations.

  Highway construction should implement the principle of earnestly protecting cultivated land and economy in land use.

  Article 28 For requirements to use the state-owned barren mountains,wasteland or requirements to dig sand, quarry and collect soil on the state-owned barren mountains, wasteland, flood land and beach for highway construction, when the formalities are completed pursuant to the provisions of the relevant laws and regulations, no unit or individual shall obstruct or illegally collect fees.

  Article 29 Local People's Governments at all levels should render support and assistance in highway construction land use and shifting of inhabitants according to law.

  Article 30 Design and construction of highway construction projects should comply with the requirements for the protection of the environment,protection of cultural relics and ancient sites and prevention of soil and water loss in accordance with law.

  Highway construction projects in highway planning implementing national defense requirements should carry out construction in strict accordance with the plans to ensure the communications requirements of national defense.

  Article 31 When highway construction affects the normal use of railways, water conservancy projects, electric and postal and telecommunications facilities, the highway construction unit should seek the consent of the departments concerned in advance; when highway construction causes damage to the facilities concerned, the highway construction unit should repair and restore the same in accordance with the technical standards not lower than the original technical standards of the facilities, or give corresponding financial compensation.

  Article 32 Construction units should install clear construction signs and safety signs at either end of the construction sector of the road when engaged in highway reconstruction. Signs should be installed at the diversion entrance when vehicles are required to divert; temporary road must be built to ensure the passage of vehicles and pedestrians when impossible to divert.

  Article 33 Acceptance checks should be carried out in accordance with the relevant provisions of the State upon completion of highway construction projects and highway repair and restoration projects; those projects without going through acceptance checks or those failing to pass acceptance checks must not be handed over for use.

  Clear signs should be installed and lines marked on completed highways in accordance with the provisions of the department of communications under the State Council.

  Article 34 Local People's Governments above the county level should determine the land for highway use no less than one meter from the outer fringe of the side trenchs(water trenches, slope-protection path at the foot of slope, the same hereinafter) on either side of the highway.

  Chapter IV Highway Maintenance

  Article 35 Agencies of highway administration should conduct highway maintenance in accordance with the technical specifications and operational procedures prescribed by the department of communications under the State Council to ensure the highways are constantly in a good technical state.

  Article 36 State adopts the measure of collecting taxes to raise funds for maintenance of highway according to law. The specific measure of implementation and its steps shall be stipulated by State Council.

  In accordance with law funds raised by collecting taxes for highway maintenance must be used for specific item of maintaining and reconstructing highway.

  Article 37 People's Governments at the county level and the village level should render support and assistance in sand digging, quarrying, soil collection and water collection required for highway maintenance.

  Article 38 People's Governments at the county level and the village level should, within the scope of rural obligatory labor and in accordance with the relevant provisions of the State, organize rural inhabitants on either side of highways in fulfilling the obligations of providing services for highway construction and maintenance.

  Article 39 To ensure the personal safety of highway maintenance personnel, highway maintenance personnel should wear uniforms eith safety signs on them when engaging in maintenance operations; visible operations signs should be installed on highway operations vehicles when employing vehicles in maintenance operations.

  Under the prerequisite of not adversely affecting the passage of passing vehicles, highway maintenance vehicles in operation shall be subjected to the restrictions of highway road signs and the marked lines in their route and direction of driving; passing vehicles should pay attention to avoid or yield to highway maintenance vehicles and personnel.

  When construction of highway maintenance project affects the passage of vehicles and pedestrians, construction units should handle the matter in accordance with the provisions of Article 32 of this Law.

  Article 40 Agencies of highway administration should repair and restore in time the state highways and the provincial highways the traffic of which is suspended due to serious natural disasters; when agencies of highway administration find it difficult to repair and restore them in time, local People's Governments above the county level should organize the organs,societies, enterprises, institutions and rural and township inhabitants of the locality in time in emergency repair, and may request local army units for support to resume the traffic as quickly as possible.

  Article 41 Agencies of highway administration shall be responsible for the soil and water conservation of the slopes and wasteland within the range of land for highway use.

  Article 42 Planting of trees along highways shall be organized and carried out by agencies of highway administration in accordance with highway engineering technical standards.

  Trees on land for highway use must not be felled at will; for those trees which need to be felled for renewal, formalities for examination and approval in accordance with the provisions of the (Forestry Law of the People's Republic of China) should be completed upon the consent of the department of communications of the local People's Government above the county level and the task of supplementary planting for renewal fulfilled.

  Chapter V Highway Administration

  Article 43 Local People's Governments at all levels should take measures to step up highway protection.

  Departments of communications of local People's Governments above the county level should conscientiously perform their duties and responsibilities,conduct the work of highway protection successfully according to law and strive to adopt scientific management methods and advanced technical means to improve highway management level, gradually perfect highway services facilities and ensure that highways are in perfect condition, safe and unimpeded in traffic.

  Article 44 No unit or individual shall occupy and dig highways without authorization.

  For necessities to occupy, dig highways or reroute highways because of construction of railways, airports, power stations, telecommunications facilities, water conservancy projects and other construction projects,the construction units should obtain the consent of the departments of communications concerned in advance; for those affecting communications safety, consent has also to be obtained from the public security organs concerned. For occupation, digging of highways or rerouting of highways,the construction units should repair, restore, reconstruct the sector of the highway according to the technical standards not lower than the original technical standards or give corresponding financial compensation.

  Article 45 Construction of bridges or aqueducts or erection and laying of wires or pipes and other facilities over or across highways, as well as erection or laying of wires or pipes and cables and other facilities should obtain the consent of the department of communications concerned in advance,and for those affecting communications safety, consent has also to be obtained from the public security organ concerned; the facilities to be constructed, erected or laid should comply with the requirements of highway engineering technical standards. For those causing damage to highways, compensation should be given according to the extent of the damage.

  Article 46 No unit or individual shall set up stalls or sales points,pile up goods, dump garbage, put up obstacles, dig trenches to draw water or use the side trenches of highways to drain sewage or engage in other activities damaging, polluting highways and affecting unimpeded traffic of highways.

  Article 47 No sand digging, quarrying, soil collection, waste dumping,nor explosion operations and other activities endangering the safety of highways, highway bridges, highway tunnels and highway ferries shall be conducted within the range of 200 meters around big- and medium-size highway bridges and ferries, within the range of 100 meters above highway tunnels and from tunnel entrances as well as within a certain distance within either side of highways.

  For construction of dykes and dams, shrinkage or expansion of river beds necessitated by rushing to deal with an emergency or flood prevention within the range of the preceding paragraph, submission of report should be made in advance to the departments of communications of People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government for approval in conjunction with the departments of water administration, and effective measures taken to protect the security of the highways, highway bridges, highway tunnels and highway ferries in question.

  Article 48 Except for agricultural machinery which need to drive for a short distance on highways for local field operations, no iron-wheel vehicles, tracked vehicles and other machinery which may damage highway surface shall drive on highways. Those vehicles which have the actual requirements to be driven on highways, approval has to be obtained from department of communications of local People's Government above the county level, effective protective measures taken and they are driven at the time and on the route designated by public security organs. Those causing damage to highways should pay compensation according to the extent of damage.

  Article 49 The axle-load quality of vehicles running on highways should conform to the requirements of highway engineering technical standards.

  Article 50 Vehicles exceeding the standards of restrictions in weight,height, width and length for highways, highway bridges, highway tunnels or motor vehicle ferries must not run on highways, highway bridges or in highway tunnels with restricted standards, and must not use motor vehicle ferries. The vehicles exceeding the standards of restrictions for highways or highway bridges which actually need to run thereon must be submitted to the approval of departments of communications of local People's Governments above the county level, and effective protective measures taken in accordance with requirements; those affecting traffic safety should also be subjected to the approval of public security organs at the same level; vehicles transporting and carrying indisintegrated articles exceeding the restrictions should run at the time, speed limit per hour and on the route designated, and hoist visible signs.

  Departments of communications shall help the transportation units unable to take protective measures in accordance with the provisions of the preceding paragraph to take protective measures, and necessary expenses shall be borne by the transportation units.

  Article 51 Motor vehicle manufacturing plants and other units must not use highways as vehicle testing sites for testing and measuring the braking performance of motor vehicles.

  Article 52 No unit or individual shall damage, shift without authorization and alter the ancillary facilities of highways.

  The ancillary facilities of highways in the preceding paragraph refer to facilities and equipment of highway protection, drainage, maintenance, administration, services, traffic safety, ferrying, monitoring, telecommunications and toll collection installed for highway protection and maintenance and ensuring highway safety and unimpeded traffic as well as special-purpose constructions and structures.

  Article 53 Those responsible for causing damage to highways should report in time to agencies of highway administration and accept the on-thespot investigation of the agencies of highway administration.

  Article 54 No unit or individual shall, without the approval of the department of communications of People's Governments above the county level,install any other signs other than highway signs within the range of land for highway use.

  Article 55 Establishment of additional surface crossing points on highways must be subjected to approval in accordance with the relevant provisions of the State and constructed in accordance with the technical standards prescribed by the State.

  Article 56 Except for those required for highway protection and maintenance, construction of buildings and surface structuress within the construction control areas on either side of highways is forbidden; where such facilities of laying of pipes, wires and cables are necessary within the construction control areas, approval of the department of communications of local People's Government above the county level should be obtained in advance.

  The range of construction control areas prescribed in the preceding paragraph shall be demarcated by local People's Governments above the county level according to the principle of ensuring highway operational safety and economy in land use and in accordance with the provisions of the State Council.

  Upon demarcation of the range of the construction control areas by local People's Governments above the county level pursuant to the provisions of the preceding paragraph, the departments of communications of local People's Governments above the county level shall install sign markers and boundary markers. No unit or individual shall damage and move the sign markers and boundary markers without authorization.

  Article 57 Except for the provisions of the second paragraph of Article 47 of this Law, the duties and responsibilities performed by departments of communications prescribed in this Chapter can be performed by agencies of highway administration pursuant to the provisions of the fourth paragraph of Article 8 of this Law.

  Chapter VI Toll Highways

  Article 58 The State permits building of toll highways according to law,and in the meantime exercises control over the number of toll highways.

  Except for the highways prescribed in Article 59 of this Law which may collect tolls for vehicle passage, collection of tolls for vehicle passage by any highway shall be prohibited.

  Article 59 The following highways which comply with the technical grades and scales prescribed by the department of communications under the State Council may collect tolls for vehicle passage in accordance with law:

  (1)highways built by departments of communications of local People's Governments above the county level by utilizing loans or funds raised from enterprises and individuals;

  (2)highways of the preceding section of which domestic and foreign economic organizations are the tranferees of the toll collection right of toll highways in accordance with law; and

  (3)highways built with investment by domestic and foreign economic organizations in accordance with law.

  Article 60 The time period of toll collection of toll highways built by the departments of communications of local People's Governments above the county level with loans or raised funds shall be determined by the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principle of paying back the loans and raised funds with collected tolls pursuant to the provisions of the department of communications under the State Council.

  Highways the toll collection right of which has been transferred with compensation, the transferees shall collect the tolls and operate the highways upon transfer of the toll collection right. The time period for the transfer of toll collection right shall be agreed upon by the tranferor and transferee and submitted to the examination and approval organ of transfer of toll collection right for examination and approval; however,the longest time period must not exceed the duration of years prescribed by the State Council.

  Construction of highways with investment by domestic and foreign economic organizations must go through formalities of examination and approval in accordance with the relevant provisions of the State; upon completion of the highways, the investors shall collect tolls and operate them. The time period of toll collection and operations shall be agreed upon by the departments of communications and the investors according to the principle of recouping the capital outlay and reasonable economic return and complete formalities of examination and approval in accordance with the relevant provisions of the State; however, the longest time period must not exceed the duration of years prescribed by the State Council.

  Article 61 The transfer of the toll collection right of the state highway sector of the highways prescribed in Section 1 of the first paragraph of Article 59 of this Law must be subjected to the approval of the department of communications under the State Council; transfer of toll collection right of highways other than state highways must be subjected to the approval of the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government, and submitted to the department of communications under the State Council for the record.

  The minimum knock-down price of the transfer of the toll collection right of highways prescribed in the preceding paragraph shall be determined on the basis of the value evaluated by the state-owned assets evaluation agencies.

  Article 62 Domestic and foreign economic organizations accepting the transfer of toll collection right and investing in the construction of highways should establish enterprises of highway development and operations(hereinafter referred to as highway operations enterprises) in accordance with law.

  Article 63 Toll collection units shall put forward proposals for rates for vehicle passage of toll highways which shall be submitted to the departments of communications of the People's Governments of the provinces,autonomous regions and municipalities directly under the Central Government for examination and approval in conjunction with the departyments of price administration at the same level.

  Article 64 Establishment of toll stations for the collection of vehicle passage toll on toll highways should be submitted to the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government for examination and approval. Establishment of toll stations for the collection of vehicle passage toll on cross-province,cross-autonomous region and cross-municipality directly under the Central Government highways shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government concerned through consultation; it shall be decided upon by the department of communications under the State Council in case of failure in consultation. Establishment of toll stations on the same toll highway built by different departments of communications or operated by different highway operations enterprises should follow the principle of "unified toll collection and percentage sharing", overall planning and rational establishment.

  Distance between two toll stations must not be shorter than the standards prescribed by the department of communications under the State Council.

  Article 65 On expiration of the duration agreed upon in the contract on the transfer of toll collection right, the toll collection right of the highways the toll collection right of which has been transferred with compensation shall be withdrawn by the transferors.

  Toll highways built with investment and operated by domestic and foreign economic organizations in accordance with the provisions of this Law shall be taken back by the State without compensation on expiration of the duration of operations agreed upon and managed by the departments of communications concerned.

  Article 66 The maintenance work of the highways the transfer of the toll collection right of which has been accepted or built with investment and operated by domestic and foreign economic organizations pursuant to the provisions of Article 59 of this Law shall be the responsibility of the said respective highway operations enterprises. The said respective highway operations enterprises should, in accordance with the technical standards and operations procedures prescribed by the department of communications under the State Council carry out effective highway maintenance during the period of operations. The highways should be in a good technical condition on the expiration of the duration of the transfer of toll collection right or the expiration of the duration of operations.

  Tree-planting along the highways and soil and water conservation within the range of land for highways prescribed in the preceding paragraph shall be the responsibility of the said respective highway operations enterprises.

  Provisions of Chapter V of this Law apply to highway administration of the highways prescribed in the first paragraph. The duties and responsibilities of highway administration of the said highways shall be performed by the departments of communications of local People's Governments above the county level or the representative organs and personnel of agencies of highway administration.

  Article 67 For engagement in activities on toll highways listed in the second paragraph of Article 44, and Articles 45, 48 and 50 of this Law,in addition to the provisions of the respective Articles, corresponding compensation should be given for losses caused by the highway operations enterprises to the highways.

  Article 68 Specific control measures for toll highways shall be worked out by the State Council pursuant to this Law.

  Chapter VII Supervision and Inspection

  Article 69 Departments of communications and agencies of highway administration conduct supervision and inspection on the enforcement of laws and regulations related to highways in accordance with law.

  Article 70 Departments of communications and agencies of highway administration which bear the responsibility of highway administration and protection have the power to inspect and stop the acts of infringing and damaging highways, land for highway use and the ancillary facilities of highways as well as other acts in contravention of the provisions of this Law.

  Article 71 No unit or individual shall obstruct when highway supervisorinspectors conduct supervision and inspection on highways, in construction control areas, vehicle parking sites and vehicle ownership units according to law.

  Highway operators, users and other concerned units and individuals should accept the supervision and inspection conducted by highway supervisorinspectors according to law and provide facilities for them.

  Highway supervisor-inspectors should wear badges and identification tags while performing official duties.

  Article 72 Departments of communications and agencies of highway administration should step up the administration and education of the highway supervisor-inspectors under them, require that the highway supervisorinspectors be conversant with the relevant laws and provisions of the State,be just, clean and honest, enthusiastic in services, fair in law enforcement,should step up supervision and inspection on the acts of law enforcement by highway supervisor-inspectors, and correct in time their law-breaking acts and deal with them in accordance with law.

  Article 73 Uniform signs and warning lights should be installed on special-purpose vehicles for highway supervision and inspection.

  Chapter VIII Legal Responsibility

  Article 74 Whoever set up posts and collect tolls on highways without authorization in violation of law or the relevant provisions of the State Council, the departments of communications shall direct them to stop the law-breaking acts, confisticate the illegal income and may impose a fine under RMB 20 000 Yuan; administrative penalties shall be meted out to persons-in-charge directly responsible and other personnel directly responsible in accordance with law.

  Article 75 Whoever carry out construction on their own without the approval of the departments of communications concerned in violation of the provisions of Article 25 of this Law, the departments of communications may direct them to stop the construction and may impose a fine under RMB 50 000 Yuan.

  Article 76 Whoever has committed any of the following illegal acts, the department of communications shall direct him/her to stop the illegal acts,and may impose a fine under RMB 30 000 Yuan:

  (1)occupying and digging highway without authorization in violation of the first Paragraph of Article 44 of this Law;

  (2)construction of bridges, aqueducts or erection of wires and laying of pipes and cables without approval or not in accordance with the requirements of the highway engineering technical standards in violation of the provisions of Article 45 of this Law;

  (3)engagement in operations endangering highway safety in violation of the provisions of Article 47 of this Law;

  (4)Iron-wheel vehicles, tracked vehicles and other machineries which might damage the road surface running on highways without authorization in violation of the provisions of Article 48 of this Law;

  (5)vehicles using motor vehicle ferries exceeding the restrictions or running on highways exceeding the restrictions in violation of the provisions of Article 50 of this Law; and

  (6)damaging, shifting and altering of highway ancillary facilities or damaging and shifting of sign markers and boundary markers within construction control areas which might endanger highway safety in violation of the provisions of Articles 52 and 56 of this Law.

  Article 77 Whoever causes damage to the road surface of highways,pollution or affects unimpeded traffic on highways in violation of the provisions of Article 46 of this Law; or whoever uses highways as vehicle testing sites in violation of the provisions of Article 51 of this Law,the department of communications shall direct him/her to stop the illegal acts, and may impose a fine under RMB 5000 Yuan.

  Article 78 Whoever causes damage to highways and fails to report the same in violation of the provisions of Article 53 of this Law, the department of communications shall impose a fine under RMB 1000 Yuan.

  Article 79 Whoever installs signs other than highway signs within the range of land for highway use in violation of the provisions of Article 54 of this Law, the department of communications shall direct him/her to dismantle the same within the specified period and may impose a fine under RMB 20 000 Yuan; failure to dismantle the same on expiry of the specified period, the dismantling shall be carried out by the department of communications and the expenses involved shall be borne by the installer.

  Article 80 Whoever establishes additional surface crossing points on highways without approval in violation of the provisions of Article 55 of this Law, the department of communications shall direct him/her to restore the original state, and impose a fine under RMB 50 000 Yuan.

  Article 81 Whoever constructs buildings and surface structures or lays pipes, wires and cables in highway construction control areas without authorization in violation of the provisions of Article 56 of this Law,the department of communications shall direct him/her to dismantle the same within the specified time period, and may impose a fine under RMB 50 000 Yuan.The department of communications shall dismantle those which have not been dismantled on expiry of the specified time period, and the expenses involved shall be borne by the or builder or constructor.

  Article 82 Except for the provisions of Articles 74 and 75 of this Law,the administrative penalty power to be exercised and administrative measures to be taken by the department of communications as prescribed in this Chapter may be exercised by agencies of highway administration pursuant to the provisions of the fourth Paragraph of Article 8 of this Law.

  Article 83 Obstruction of highway construction or highway emergency repair resulting in impossibility to carry on normal highway construction or emergency repair yet without causing serious damage, penalty pursuant to the provisions of Article 19 of the Penalties for Violation of Public Security Regulations.

  For damage and destruction of highways or shifting of highway signs without authorization which might affect traffic safety but not serious enough to warrant criminal penalties, penalties shall be meted out pursuant to the provisions of Article 20 of the Penalties for Violation of Public Security Regulations.

  For rejection and obstruction of performance of duties by highway supervisor-inspectors according to law without using methods of violence and threat, penalties shall be meted out pursuant to the provisions of Article 19 of the Penalties for Violation of Public Security Regulations.

  Article 84 Whoever commits violations of the relevant provisions of this Law which constitute a criminal offence shall be investigated of his/her criminal responsibilities.

  Article 85 Whoever causes damage to highways in violation of the relevant provisions of this Law should bear civil responsibilities in accordance with law.

  Vehicles causing great damage to highways must stop forthwith, the scene of the accident should be kept intact, a report should be made to the agency of highway administration and the said vehicle can only leave upon investigation and handling by the agency of highway administration.

  Article 86 Functionaries of the departments of communications and agencies of highway administration whose negligence of duty, malpractices for selfish ends and abuse of power constitute a criminal offence shall be investigated of their criminal responsibilities; those whose acts do not constitute a criminal offence shall be given administrative sanctions according to law.

  Chapter IX Supplementary Provision

  Article 87 This Law shall come into force as of January 1, 1998.

  APPENDIX:RELEVANT ARTICLES OF PENALTIES FOR VIOLATION OF PUBLIC SECURITY REGULATIONS

  Article 19 Whoever commits any of following acts in disrupting public order but not serious enough to be administered criminal penalties shall be detained for less than 15 days, imposed a fine below RMB 200 Yuan or given a warning:

  (1)Disrupting order in organs, societies, enterprises and institutions resulting in impossibility to carry on normal production, business, medical treatment, teaching and scientific research without causing serious losses;

  ……

  (7)Refusing and obstructing functionaries of the State in performing duties according to law without using violence and method of threat.

  Article 20 Whoever commits any of the following acts in jeopardizing public security shall be detained for less than 15 days, imposed a fine below RMB 200 Yuan or given a warning.

  ……

  (8)Digging pits and holes, placing obstacles, damaging, destroying and shifting indicator signs on railways, highways, navigation channels in waters, dykes and dams which might affect communications and transport safety but not serious enough to warrant criminal penalties.

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