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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:
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  Article 35 Highway administration organs shall maintain highways in accordance with the technical norms and operational specifications formulated by competent department for communications under the State Council to ensure that highways are constantly in good repairs technically.

>  Article 36 The State shall raise funds for highway maintenance by means of taxation in accordance with law, and the specific measures and steps for implementation shall be formulated and taken by the State Council.

  The highway maintenance funds raised through taxation in accordance with law shall be used specially for highway maintenance and reconstruction.

  Article 37 The people's governments at the county or township level shall give support and assistance where sand , stone, earth or water is needed for maintaining highways.

  Article 38 The people's governments at the county or township level shall within the scope of voluntary work in rural areas and in accordance with the relevant regulations of the State, organize rural residents on both side of highways to perform their duties of providing labor for construction and maintenance of highways.

  Article 39 To ensure their personal safely, highway maintenance workers shall wear uniforms with safety signs while doing maintenance work on the road. When maintenance work is being dome with the help of vehicles, conspicuous signs shall be displayed on the vehicles at work on the road.

  When maintenance vehicles are at work, they shall not be restricted by the road signs or marking as to the routes or directions they may take, on condition that their doing so does not impede traffic; and the passing vehicles on their part shall take care to give way to the maintenance vehicles and workers.

  When a maintenance project will impede traffic, the construction unit shall handle the matter in accordance with the provisions of Article 32 of this Law.

  Article 40 In case traffic on a national or provincial highway is held up due to damage caused by a serious natural disaster, the highway administration organs shall take prompt action to have the highway rehabilitated. When it is difficult for the said organs to do so, the local people's governments at or above the county level shall promptly ask the local government departments, organizations, enterprises, institutions or local resident to help with the rush repairs, and they may ask the troops stationed there for assistance, in order to resume traffic as soon as possible.

  Article 41 The highway administration organs shall be responsible for water and soil conservation of the hill slopes and wasteland within the highway land area.

  Article 42 The highway administration organs shall be responsible for the greening along both sides of highways in accordance with the technical standards for highways engineering.

  No trees within highway land areas may be felled at will. Where it is necessary to fell trees in order to plant new ones, procedures for examination and approval shall be competed in accordance with the provisions of the Forestry law of the people's Republic of China, after consent is obtained from the competent department for communications under the local people's government at or above the county level, and the task of planting new trees shall be fulfilled.

  Chapter Ⅴ

  Administration of Highways

  Article 43 The local people's governments at various levels shall take measures to protect the highway.

  The competent department for communications under the local people's governments at or above the county level shall conscientiously perform their duties and effectively protect the highways according to law and adopt scientific management methods and advanced technical means to improve highway administration, gradually provide well-equipped service facilities and to guarantee good road conditions and safe an unimpeded traffic.

  Article 44 No units or individuals may occupy or break open highways without authorization.

  Where it is necessary to occupy, break open or relocate highways in order to construct railways, airports, power stations, telecommunications facilities, water conservancy p

rojects or other projects, the projects owner shall obtain approval of the relevant competent department for communications in advance; if traffic safety is adversely affected, consent shall be obtained from the relevant public security organ. For highways that are occupied, broken open or relocated, the said project owner shall have the sections of highway under question rehabilitated or reconstructed at the technical standards not lower than the original or make appropriate economic compensation.

  Article 45 Where it is necessary to build bridges or aqueducts or erect or bury pipelines or other facilities across a highway or above or beneath a highway, or erect or bury pipelines or electric cables within the highway land areas, the matter shall be subject to prior consent of the relevant competent department for communications; if traffic safety is adversely affected, it shall also be subject to consent of the relevant public security organ. The facilities to be built, erected r buried shall be in conformity with the technical standards for highway engineering. If any damage is caused to the highway, compensation shall be made to the extent of the damage done.

  Article 46 No units or individuals may set up stalls, pile things, dump garbage, put up obstructions, or dig irrigation ditches on highways or within highway land areas, or discharge pollutants into side ditches of highways, or conduct other activities which may cause damage or pollution or impede highway traffic.

  Article 47 No sand-digging, quarrying, earth-borrowing, garbage-dumping, blasting or other activities that may endanger the safety of highways or highway bridges, tunnels or ferries shall be allowed within the area of 200 meters around large and medium-sized highway bridges and ferries, 100 metres above and from the entrances of highway tunnels and at a certain distance from both sides of highways.

  Where it is necessary to build embankments, narrow or widen river beds in order to deal with emergencies or control floods within the areas mentioned in the preceding paragraph, the matter shall be submitted in advance to the competent departments for communications under the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government, which shall consult the water administration authorities before granting approval, and effective measures shall be taken to ensure safety of the highways and the highway bridges, tunnels and ferries concerned.

  Article 48 Except for agricultural machinery, used for local farm work, that has to operate along highways over a short distance, no iron-wheeled or caterpillar vehicles of other vehicular machinery that may cause damage to pavement shall be permitted to operate on highways. Where it is definitely necessary for the said vehicles or machinery to operate on highways, the matter shall be subject to consent of the competent departments for communications under the people's governments at or above the county level; effective measures shall be taken to protect the highways, and the vehicles and machinery shall operate at the time an along the route as designated by the public security organ. Where any damage is caused to highways, compensation shall be made to the extent of the damage done.

  Article 49 The axle load of vehicles operating on highways shall be in conformity with the technical standards for highway engineering.

  Article 50 Vehicles that exceed the limits for tonnage and dimensions of length, width and height, fixed for the designated highways or highway bridges or tunnels or ferry boats shall not be permitted to operate on such highways, over such bridges, through such tunnels or to use such ferry boats. Where it is definitely necessary for overloaded vehicles to operate along the said highways or over highway bridges, approval shall be obtained from the competent department for communications under the

people's governments at or above the county level, and effective and protective measures shall be taken, as required; where a vehicle carries and indivisible oversize or overload cargo, it shall operate at eh time, along the route and at the speed as specified and bear conspicuous signs.

  Where the carrier cannot take the protective measures as mentioned in the preceding paragraph, the competent department for communications shall help it to do so, and all the necessary costs thus incurred shall be born system.

  Article 51 No motor vehicle manufacturers or other units may use highways as test grounds for testing the performance of the vehicle brake system.

  Article 52 No units or individuals may damage, or move away rod auxiliary facilities without authorization, or obliterate or alter signs or markings thereon without authorization.

  The road auxiliary facilities mentioned in the preceding paragraph refer to facilities and equipment, special buildings and structures, etc of safeguard, drainage, maintenance, management, service, safe traffic, ferry, monitor, telecommunications and toll collection that are set up for purposes of protection, maintenance and safe and unimpeded traffic of highways.

  Article53 Where any damage is caused to a highway, the persons who are responsible for the damage shall report without delay to the highway administration organ and accept on-the-spot investigation made by the said organ.

  Article 54 No units or individuals may s

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