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

2009-03-24 法律英语 来源:互联网 作者:
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 rati

fication. 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;

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