首页英语阅读阅读排行网站地图

Decision of the Standing Committee of the National peoples Congress on Amending the Highway Law of t

2009-03-24 法律英语 来源:互联网 作者:
agraph shall be submitted to the competent departments for communications under the people's governments at eh next higher level for the record.

  Plans for provincial highways shall be consistent with those for national highways. Plans for county roads shall be consistent with those for provincial highways. Plans for townships roads shall be consistent with those for county roads

  Article 15 Plans for accommodation roads shall be made by the unit in charge of such roads and shall, after examination and finalization by the competent department in charge of the said unit at the next higher level, be submitted to the competent department for communications under the people's government at or above the county level for examination and verification.

  Plans for accommodation roads shall be consistent with those for highways. When the competent department for communications under the people's government at or above the county level finds that plans for accommodation roads are not consistent with those for national highways, provincial highways, county roads or township roads, it shall make suggestions for revision, and the competent department and the unit in charge of the accommodation roads shall revise the plans accordingly.

  Article 16 Partial readjustment of plans for national highways shall be decided on by the original authorities that made the plans. When major revision or such plans are needed, proposals therefor shall be put forward by the said authorities and submitted to the State Council for approval.

  Where approved plans for provincial highways, county roads for township roads need be revised, proposals therefor shall be put forward by the original authorities that made the plans and submitted for approval to the original authorities that approved them.

  Article 17 The name and code of a national highway shall be determined by the competent department for communications under the State Council, the name and code of a provincial highway, county road or township road shall be determined by the competent department for communication under the people's government of the pr

ovince, autonomous region, or municipality directly under the Central Government in accordance with the relevant regulations of the competent department for communications under the State Council.

  Article 18 In planning or building new villages, towns or development zones, attention shall be paid to keeping them at specified distances from highways and preventing them from being built across the highways so as to avoid turning the highways into streets, only to adversely affect traffic safety and flow.

  Article 19 The State encourages the use of an accommodation road by the pubic for transport. When an accommodation road is to be used by the public chiefly for transport, and application shall be submitted by the unit in charge of the accommodation road, or by the relevant quarters with the consent of the said unit. Subject to the approval of the competent department for communications under the people's government of the province, autonomous region, or municipality directly under the Central Government, such a road may be turned into a provincial highway, county road or township road.

  Chapter Ⅲ

  Construction of Highways

  Article 20 The competent departments for communications under the people's governments at or above the county level shall, in compliance with their functions and duties, maintain order of highway construction and exercise strict supervision over and administration of highway construction.

  Article 21 In addition to appropriations made by the people's governments at various levels, including government appropriations which are transformed the special funds collected through taxation, in accordance with law, for highway construction, funds for highway construction may come from loans solicited from domestic and foreign financial institutions or from governments of other countries according to law.

  The State encourages economic organizations at home and abroad to invest in highway construction. The companies that are engaged in developing and operating highways may raise funds by issuing stocks and bonds in accordance with laws and administrative regulations.

  The proceeds from assignment of highway toll rights under this Law shall be used for highway construction.

  Raising funds from enterprises and individuals for highway construction shall be based on need and possibility and on the principle of voluntariness and in conformity with the relevant regulations of the State Council, and no compulsory apportionment shall be permitted.

  Funds for highway construction may also be raised through other means that conform to laws or the regulations of the State Council.

  Article 22 Highways shall be built in accordance with the procedure for capital construction prescribed by the State and the relevant regulations.

  Article 23 For highway construction projects, the systems of the legal person assuming responsibility, competitive bidding and engineering supervision shall be practiced, as required by the relevant State regulations.

  Article 24 The owner of a highway construction project shall select qualified units for survey and design, construction and engineering supervision according to the specific features and technical requirements of relevant laws, regulations and rules and the technical standards for highway engineering in order to define the rights and duties of both parties.

  The units undertaking the feasibility study, survey and design, construction and engineering supervision for a highway construction project shall hold qualification certificates as required by the State.

  Article 25 Construction of a highway project shall be subject to approval by the competent department for communications under the people's government at or above the county level as required by the competent department for communications under the State Council.

  Article 26 Highway construction

shall conform to the technical standards for highway engineering.

  The units undertaking the design, construction and engineering supervision for a highway construction project shall, as required by the relevant State regulation, establish a sound system to guarantee quality, put into effect the job responsibility system, and make design, conduct construction and exercise supervision in accordance with the relevant laws, regulations and rules, technical standards for highway engineering and the terms agreed in the contracts, for the purpose of ensuring the quality of highway engineering.

  Article 27 Use of land for highway construction shall be governed by the relevant laws and administrative regulations.

  Highways shall be constructed in adherence to the principles of effective protection of cultivated land and conservation of land.

  Article 28 Where it is necessary to use State-owned barren hills or wasteland, or to dig sand, quarry or borrow earth from such barren hills, wasteland, flood land or shoals for highway construction, once the necessary formalities have been gone through in accordance with the relevant laws and administrative regulations, no units or individuals may obstruct it or illegally impose any charge for it.

  Article 29 The local people's governments at various levels shall provide support and assistance to lawful use of land and resettlement of residents for highway construction.

  Article 30 Highway construction projects shall be designed and constructed in conformity with the legal requirements for environmental protection, protection of cultural relics and historic sites and prevention of water and soil erosion.

  Highway construction projects required for national defence and included in plans for highways shall be constructed strictly in accordance with such plans in order to meet the transport needs of national defence.

  Article 31 Where highway construction will impede the normal use of the facilities of railways, water conservancy works, power supply, post and telecommunications or other facilities, the owner of the highway construction project shall contact the departments concerned in advance to obtain their consent, where highway construction causes any damage to the facilities, the owner of project shall have the facilities rehabilitated to a technical standard not lower than the original or make appropriate economic compensation.

  Article 32 When reconstructing a highway, the construction unit shall place conspicuous construction markers of safety signs at both ends of the section under reconstruction. Where it is necessary for vehicles to make a detour, proper sings shall be placed at the place where the detour should be made; where there is no detour available, temporary roads shall be constructed to ensure passage for both vehicles and pedestrians.

  Article 33 When highway construction or rehabilitation projects are completed, they shall be checked for acceptance in accordance with the relevant State regulations; the ones that have not been checked for acceptance or have failed to pass the check shall not be open to traffic.

  Along the completed highways there shall be conspicuous road signs and marking as required by the competent department for communications under the State Council.

  Article 34 The local people's government at or above the county level shall determine as highway land and area not less than one metre from the outside edge of the side ditches (intercepting ditches, berms at the foot of cutting slopes, the same hereinafter ) on both sides of the highways.

  Chapter Ⅳ

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/