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中华人民共和国公路法(一)

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中华人民共和国公路法 HIGHWAY LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the 26th Session of the Standing Committee of the Eighth National People's Congress on July 3, 1997, Promulgated by Order No. 86 of the President of the People's Republic of China on July 3, 1997 Effective as of January 1, 1998)
  时效性:已被修正  颁布日期:19970703  实施日期:19980101  失效日期:19991031  颁布单位:全国人大常委会

  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 Governments 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 in coordination 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 special purpose 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 For the purpose of raising funds for highway construction in addition to financial appropriations by People's Governments at all levels, decisions may be made to collect funds for highway construction in accordance with law or the relevant provisions of the State Council; and loans may also be sought from domestic and foreign financial institutions or foreign governments in accordance with law.

  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 trenches(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 Highway maintenance expenses shall come from collection of fuel surcharge. Units and individuals in possession of vehicles should pay fuel surcharge in accordance with the relevant provisions of the State when purchasing fuel. When fuel surcharge is levied and collected, no highway maintenance fee should be levied and collected. Specific measures and steps for implementation shall be formulated by the State Council.

  Pending the implementation of the measures for the levying and collection of fuel surcharge, the existing measures for the levying and collection of highway maintenance fees shall still be in force. Highway maintenance fee must be used in highway maintenance and reconstruction. Departments of communications shall issue highway-maintenance-fee-received sign to units and individuals in possession of vehicles having paid highway maintenance fee; highway-maintenance-fee-received sign should be placed in a visible place in the vehicle. Vehicles without the highway-maintenance-fee-received sign must not run on highways.

  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 eight 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

  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.

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