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: ℃Article 55 To build additional at-grade intersections along highways, it is imperative to obtain approval in accordance with the relevant regulations of the State and conform to the technical standards set by the State.
Article 56 No buildings or surface structures may be built within building-control zones on both sides of a highway, except for the buildings that are needed for protection and maintenance of the highway. Where it is necessary to bury such facilities as pipelines and cables underneath the said zones, prior approval shall be obtained from the competent department for communications under the people's government at or above the county level.
The area of a building-control zone mentioned in the preceding paragraph shall be determined by the local people's governments at or above the county level in adherence t othe principles of safe traffic and conservation of land in accordance with the regulations of the State Council.
Once the area of a building-control zone is determined by the local people's government at or above the county level in accordance with the provisions of the preceding paragraph, the competent department for communications under the local people's government at or above the county level shall mark such a zone with sign posts and boundary posts. No units or individuals may damage, or move away the sing posts and boundary posts without authorization.
Article 57 Except for the provisions of the second paragraph of Article 47 of this law, the duties of highway administration to be performed by the competent departments fro communications as provided for in this Chapter may the be performed by the highway administration organs in accordance with the provisions of the fourth paragraph of Article 8 of this Law.
Chapter Ⅵ
Toll Roads
Article 58 The State permits the building of toll roads and puts the numbers of such roads under control.
Except for the highways mentioned in Article 59 of this Law, no toll may be charged for any other highways.
Article 59 Toll may be charged according to law for the following highways that are in conformity with the technical grades and scales specified by the compe
tent department for communications under the State Council:
(1)highways built by the competent departments for communications under the local people's governments at or above the county level through the use of loans or funds raised from enterprises and individuals;
(2)highways mentioned in the preceding subparagraph, the toll rights of which have been assigned to domestic of foreign economic organizations in accordance with law; and
(3)highways built with investments of domestic and foreign economic organizations according to law.
Article 60 The tolling period of toll roads built by the competent department for communications under the local people's governments at or above the county level through the use of loans or funds raised shall be determined by the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government in adherence to the principle of repaying the loans and the funds through collection of tolls and in accordance with the regulations of the competent department for communications under the State Council.
With respect to highways, the toll rights of which are to be assigned with compensation, after the toll rights are assigned, the assignee shall collect the tolls and operate the highways. The term of assignment shall be specified in the agreement reached between the assignor and the assignee and shall be subject to examination and approval of the authorities in charge of such assignment, however, at most it shall not be longer than that as fixed by the State Council.
Economic organizations at home or abroad that invest to build highways shall go through the formalities for examination and approval in accordance with the relevant regulations of the State. Once construction of such highways is completed, the investors shall collect the tolls and operate the highways. The period of toll collection and highways operation shall, in adherence to the principle of repayment of the money invested together with appropriate returns, be determined through agreement between the relevant competent departments for communications and the investors, who shall also go through the formalities of examination and approval in accordance with the relevant regulations of the State, however, at most it shall not be longer that as fixed by the State Council.
Article 61 The assignment of the toll rights of national highways among the highways provided for in Subparagraph (1) under the first paragraph of Article 59 of this Law shall be subject to approval of the competent department for communications under the State Council; and the assignment of the toll rights of other highways shall be subject to approval of the people's governments of the provinces, autonomous regions, or municipalities directly under the Central and shall be reported to the competent department for communications under the State Council for the record.
The minimum price for the assignment of highway toll rights mentioned in the preceding paragraph shall be determined on the basis of the value assessed by the State assets assessment authorities.
Article 62 The domestic and foreign economic organizations, either as assignees of highway toll rights or as investors for highway construction, shall set up highway development and operation enterprises (hereinafter referred to as highway operation enterprises in short)。
Article 63 The toll rates for roads shall be proposed by toll collection units to the competent department for communications under the people's governments of ht provinces, autonomous regions, or municipalities directly under the Central Government, which shall, before granting approval, examine the proposals in conjunction with the competent departments for price control at the same level.
Article 64 Setting up of toll stations for toll roads shall be subject t examination and approval of the peop
le's governments of the provinces, autonomous regions, or municipalities directly under the Central Government. Setting up of toll stations for toll roads crossing provinces, autonomous regions, or municipalities directly under the Central Government shall be decided through consultation by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government concerned; where consultation fails, the under shall be decided by the competent department for communications under the State Council. Toll stations for a toll road that is jointly built by different competent departments for communications or operated by different highway operation enterprises shall set up rationally, according to overall planning and in adherence to the principle of “unified collection and proportionate share of the toll money”
The distance between two toll stations shall be not less than that as determined by the competent department for communications under the State Council.
Article 65 With respect to highways, the toll rights of which are assigned with compensation, at the expiration of period specified in the contract for the assignment of highway toll rights, the toll rights shall be returned to the assignor.
With respect to toll roads built with the investment of and operated by domestic of foreign economic organizations in accordance with law, at the expiration of the agreed period of operation, the said roads shall be returned to the State without compensation and managed by the relevant competent department for communications.
Article 66 Highways, the toll rights of which are assigned or which are operated by domestic or foreign economic organizations, after being built with their investment according to the provisions of Article 59 of this Law, shall be maintained by the highway operation enterprises respectively. During the period of operation, these enterprises shall maintain the highways in accordance with the technical norms and operating specifications prescribed by the competent department for communications under the State Council. At the expiration of the period for the assignment of highway toll rights or the period for operation of the highways , the highways shall be in good technical conditions.
The said highway operation enterprises shall be responsible for the greening along the highways mentioned in the preceding paragraph and preventing water and soil erosion within the highway land areas.
The provisions of Chapter V of this Law shall be applicable to the administration of the highways mentioned in the first paragraph. The duties of administration of these highways shall be exercised by the agencies or officers dispatched by the competent departments for communications under the local people's governments at or above the county level or the highway administration organs.
Article 67 Any units or individuals that conduct activities on toll roads, as mentioned in the second paragraph of Article 44 and in Articles 45, 48 and50 of this Law, shall, in addition to fulfilling the procedures as provided for in these articles respectively, make appropriate compensation for any losses caused to the highway operation enterprises.
Article 68 Specific measures for administration of toll roads shall be formulated by State Council in accord
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