CHAPTER I GENERAL PRINCIPLES CHAPTER II HIGHWAY CONSTRUCTION CHAPTER III HIGHWAY MAINTENANCE CHAPTER IV HIGHWAY ADMINISTRATION CHAPTER V LEGAL RESPONSIBILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS Article 1 These regulations are formulated with a view to strengthening highway construction and management, making the best use of highways Article 2 These regulations apply to national trunk highway (hereafter called national highway for short) provincial, autonomous regional, Article 3 The Ministry of Communications of the PRC is the institution in charge of the nation-wide highway undertaking. Article 4 Highways shall be managed under unified leadership and at different levels. National and provincial highway shall be built, maintained and managed by provincial, autonomous regional, and municipal departments Trans-provincial, autonomous regional and municipal motorways of the national highway shall be built, maintained and managed County road shall be built, maintained and managed by county (city) departments in charge of highways. Township road shall be built, maintained and managed by township (town) people’s governments. Accommodation highway shall be built, maintained and managed by the organisations using the highways. Article 5 No units or individuals are allowed to occupy or damage highways, land used for highways and highway facilities, which shall
Article 6 Highway construction plans shall be based on the needs of the national economy and defence as well as the people’s everyday lives, Article 7 Plans for building national highway shall be formulated by the Ministry of Communications and submitted to the State Council Plans for building provincial highway shall be formulated by the provincial, autonomous regional and municipal departments Construction plans for county road shall be worked out by prefectural- level city organisations in charge of highways Construction plans for township road shall be worked out by county departments in charge of highways, and submitted to the Plans for building accommodation highways are to be formulated by organisations which shall use the highways, submitted Article 8 The state encourages accommodation highways to be used for community transportation, accommodation highways used for community Article 9 Highway construction funds are to be raised through the following channels: investment by the state or local governments, Highways may also be constructed by civilian workers, community funds raised by society with government subsidies, Article 10 Departments in charge of highways may levy tools on vehicles that use motorways, first and second-grade highways, and large Rules imposing tolls shall be worked out by the Ministry of Communications with the agreement of the Ministry of Article 11 Land used for highway construction shall be dealt with in accordance with the “Land utilisation law of the PRC”. Article 12 Land approved for building new highways, expanding original highway subgrade and adding new highway facilities in accordance with Article 13 Highway construction units shall obtain prior approval from relevant departments when the construction affects the normal operations Article 14 Highway departments are responsible for the quality supervision and inspection of highway construction projects. Highways Article 15 While a highway is under construction, necessary facilities for highway protection, maintenance and environmental protection Upon the completion of a highway, traffic signs should be erected in accordance with the appropriate regulations.
Article 16 Highway departments should strengthen highway maintenance. Ensure the good condition, evenness and smooth traffic of highways; In carrying out highway repairs or maintenance, a time limit should be set for the job. When a highway is under repair, proper Article 17 Highway maintenance is performed under the system which integrates professional maintenance with maintenance performed The number of labour days and vehicles used to perform highway maintenance by civilian workers should not exceed the state Article 18 Units and individuals who possess cars should pay highway maintenance fees at the highway maintenance departments in accordance Article 19 Highway maintenance fees should be exclusively used for highway maintenance purposes within the limits designated Article 20 When highway transportation is blocked because of serious natural disasters, local governments at and above the county Article 21 When earth and rocks form non-utilized lands, barren hills, rivers and streams, or beaches are needed for highway construction The removal of earth or rocks from the above-mentioned places should not in any way have an adverse effect upon any nearby water When earth or rocks are obtained from highway material sites approved by the local county (city) government, no unit or individual Article 22 Highway landscaping work will be under the overall planning and implementation of the highway departments. Highway landscaping should be carried out in accordance with the highway technological standards. No unauthorized felling of roadside forests or trees is allowed. Felling of roadside forests or trees for replanting purposes CHAPTER IV HIGHWAY ADMINISTRATION Article 23 Departments in charge of highways are responsible for the management and protection of highways, land set aside for the exclusive Article 24 Construction of facilities and the planting of crops are banned upon highways and land for exclusive use by highways. Also Article 25 Cutting into a mountain, cutting timber and construction on both sides of highways should not endanger the safety of highways Article 26 No excavation of sand, dike and dam construction, dumping of rubbish, reduction or expansion of river-beds, or demolition operations Article 27 Vehicles and personnel that use a highway ferry must comply with the ferry’s management regulations. Article 28 Without proper approval by highway departments, caterpillar tread vehicles and vehicles with iron-rimmed wheels are not permitted Article 29 When a highway must be dug or when the land reserved for use by a highway or highway facilities must be dug or used temporarily Article 30 When building overhead bridges aqueducts or pipelines across highways, consideration must be given to the highway’s long-term Article 31 When construction projects of a permanent nature are being erected on either side of a highway, the distance from the edge of Article 32 When crossroads must be built on highways, approval must be obtained from the highway, public security and communications The design and construction of crossroads must comply with state standards. Article 33 With the approval of the provincial, autonomous regional or municipal people’s government, the highway departments may set up
Article 34 In dealing with units or individuals who contravene the rules contained herein, departments in charge of highways may order Article 35 In dealing with those who fail to pay the state-set maintenance fee or toll charge and those who Violate regulation on Article 36 If the party or parties concerned refuse to accept the penalty imposed by the highway department, they may appeal to the Article 37 For highway administrative personnel who violate these regulations, the highway department concerned may take disciplinary Article 38 Those who contravene these regulations shall be punishable in accordance with regulations governing offences against public order, CHAPTER VI SUPPLEMENTARY PROVISIONS Article 39 The following terms used in these rules are defined as follows: “Highway” means roads travelled on by motor vehicles between “Land exclusively for highway use” means land bordering the ditches (or water drainage ditches) on both sides of a highway which “Highway facilities” mean drainage facilities; protection installations; crossroads; boundary markers; survey stakes; safety, Article 40 The Ministry of Communications is responsible for the interpretation of these rules and will formulate detailed regulations Article 41 This Rules will come into effect on 1st January,1988.
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