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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:
ance with this Law.

  Chapter Ⅶ

  Supervision and Inspection

  Article 69 The competent departments for communications and the highway administration organs shall, in accordance with law, supervise and inspect the implementation of the laws and regulations governing highways.

  Article 70 The competent departments for communications and the highway administration organs shall have the responsibility of administering and protecting highways and have the power to check and stop any occupation of or damage to highways, highway land areas or auxiliary

highway facilities of any other violations of this Law.

  Article 71 When highway supervisors and inspectors exercise supervision over or conduct inspection of highways, building-control zones, units r individuals may obstruct them.

  Highway operation enterprises, highway users and other units and individuals concerned shall accept supervision and inspection carried out by highway supervisors and inspectors in accordance with law and make things convenient for them.

  Highway supervisors and inspectors shall wear identity signs and have their identity papers with them when carrying out their duties.

  Article 72 The competent departments for communications and the highway administration organs shall exercise strict administration of and conduct intensive education among their highway supervisors and inspectors, see they are familiar with the relevant laws and regulations of the State, fair and honest, enthusiastic in service and impartial in enforcement of law, strictly supervise and inspect the enforcement for laws by supervisors and inspectors, immediately set right and deal with according to law any violations of law they might commit.

  Article 73 The vehicles specially used for highway supervision and inspection shall be equipped with unified signs and warning lights.

  Chapter Ⅷ

  Legal Responsibility

  Article 74 Any units or individuals that, in violation of laws or the relevant regulations of the State Council, set up outposts or impose tolls without authorization, shall be ordered to stop their violations by the competent departments for communications, which shall confiscate their illegal gains and may impose on them a fine not more than three times the illegal gains; in cases where there are no illegal gains, a fine of not more than RMB 20, 000 Yuan may be imposed; and the persons who directly in charge and the other persons who are directly responsible for the violations shall be given administrative sanctions according to law.

  Article 75 If any unit that, in violation of the provisions of Article 25 of this law and without approval of the competent department for communications, starts construction of a highway project, the said department may order it to stop the construction and may also impose a fine of not more than 50, 000 Yuan.

  Article 76 If any unit or individual commits any of the following acts in violation of laws, the competent department for communications shall order it or him t stop the act and may impose thereon a fine or not more than 30, 000 Yuan

  (1)occupying or breaking open a highway in violation of the provisions of the first paragraph of Article 44 of this Law;

  (2)building a bridge or aqueduct, erecting or burying a pipeline, cable or any other facilities in violation of the provisions of Article 45 of this Law, without consent , or not in conformity with the technical standards for highway engineering;

  (3)in violation of the provisions of Article 47 of this Law, engaging in operations that endanger highway safety;

  (4)in violation of the provisions of Article 48 of this Law, operating an iron-wheeled on caterpillars vehicle or any other vehicular machinery along a highway, that may damage the pavement;

  (5)in violation of the provisions of Article 50 of this Law, using a ferry boat by operating a vehicle exceeding the limits specified for the ferry boat or operating, without authorization, a vehicle exceeding the specified limits along a highway; or

  (6)in violation of the provisions of Article 52 and 56 of this Law, damaging or moving away any auxiliary highway facilities or obliterating or altering any signs or makings thereon, or damaging or moving away any sign posts or boundary posts for a building-control zone, that may endanger highway safety.

  Article 77 If any unit or individual, in violation of the provisions of Article 46 of this La

w, cause damages or pollution to the pavement of a highway or impedes highway traffic or, in violation of the provisions of Article 51 of this Law, uses a highway as test grounds for vehicles, the competent department for communications shall order it or him to stop the violation and may impose a fine of not more than 5,000 Yuan.

  Article 78 Whoever, in violation of the provisions of Article 53 of this law, cause damages to a highway without reporting to the highway administration organ, the competent department for communication may impose a fine of not more than 1, 000 Yuan.

  Article 79 Whoever, in violation of the provisions of Article 54 of this law, sets up signs other than the ones for highways within highway land areas shall be ordered by the competent department for communications to remove them within a time limit and may be imposed a fine of not more than 20, 000 Yuan; if he fails to do so at the expiration of the time limit, the said department shall remove them instead, and all the costs thus incurred shall be born by him.

  Article 80 Whoever, in violation of the provisions of Article 55 of this Law, builds without authorization any additional at-grade intersections along a highway shall be ordered by the competent department for communications to restore the highway to the original state and imposed a fine of not more than 50, 000 Yuan.

  Article 81 Whoever, in violation of the provisions of Article 56 of this Law, puts up any buildings or surface structures, or buries any pipelines, cables or any other facilities without authorization within a building-control zone, the competent department for communications shall order him to remove them within a time limit and may also impose a fine of not more than 50, 000 Yuan. If he fails to do so at the expiration of the time limit, the said department shall remove them instead, and all the costs thus incurred shall be born by the builder.

  Article 82 Except for the provisions of Article 74 and 75 of this Law, the powers to impose administrative penalties and to take administrative measures by the competent departments for communications according to the provisions of this Chapter may, instead, be exercised by the highway administration organs in accordance with the provisions of the forth paragraph of Article 8of this Law.

  Article 83 Whoever obstructs construction or rush repairs of a highway, thus impeding normal progress of the work, if no heavy losses are caused, shall be punished be in accordance with the provisions of Article 19 of the Regulations on Administrative Penalties for Public Security.

  Whoever damages a highway or moves away any road sings without authorization, which may adversely affect traffic safety but which is not serious enough to constitute a crime, shall be punished in accordance with the provisions of Article 20 of the Regulations on Administrative Penalties for Public Security.

  Whoever refuses to be subjected to or obstructs the lawful supervision and inspection by highway supervisors and inspectors, if no violence or intimidation is resorted to, shall be punished in accordance with the provisions of Article 19 of the Regulations on Administrative Penalties for Public Security.

  Article 84 Whoever violates the relevant provision of this law, which is serious enough t to constitute a crime, shall be investigated for criminal responsibility in accordance with law.

  Article 85 Whoever violates the relevant provisions of this Law and cause damages to a highway shall bear civil liability in accordance with law.

  Where a vehicle cause relatively serious damages to a highway, the driver shall stop the vehicle immediately, protect the scene, inform the highway administration organ of the incident and the subjected to investigation and handling by the said organ before leaving the scene.

  Article 86 Persons working in the competent department for

communications and highway administration organ who neglect their duties, conduct malpractices for selfish ends, or abuse their powers, if the case is serious enough to constitute a crime, shall be investigated for criminal responsibility in accordance with law; and if the case is not serious enough to constitute a crime, they shall be given administrative sanctions in accordance with law.

  Chapter Ⅸ

  Supplementary Provisions

  Article 87 This Law shall go into effect as of January1, 1998

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