中华人民共和国公路法（第二次修正） PRC, Highway Law (2nd Revision)

（Adopted at the 26th Session of the Standing Committee of the 8th National People's Congress on 3 July 1997； first amendment made by the > Decision> at the 12th Session of the Standing Committee of the 9th National People's Congress on 31 October 1999； second amendment made by the > Decision> at the 11th Session of the Standing Committee of the 10th National People's Congress on 28 August 2004.）

颁布日期：20040828 　实施日期：20040828 　颁布单位：全国人大常委会

　　PART ONE　GENERAL PROVISIONS

　　Article 1　This Law is formulated in order to strengthen construction and administration of roads， to promote road development and to suit the requirements of socialist modernization and of people's lives.

　　Article 2　This Law applies to all planning， construction， maintenance， management， use and administration of roads within the borders of the People's Republic of China.

　　The term “roads” as used in this Law includes road bridges， road tunnels and road crossings.

　　Article 3　Road development should follow the principles of complete planning， rational distribution， assured quality， guaranteed unimpeded passage， environmental protection， and equal emphasis on construction， improvement and maintenance.

　　Article 4　All levels of people's governments should adopt effective measures to support and promote road building. Road construction should be brought into the national economic and social development plan.

　　The State shall encourage and guide domestic and foreign economic organizations to invest in road construction and operation in accordance with the law.

　　Article 5　The State shall assist and support the development of road construction in minority areas， distant border areas and poor areas.

　　Article 6　Roads shall be divided into national roads， provincial roads， county roads and township roads according to their place in the road network. They shall be divided into expressways， first grade roads， second grade roads， third grade roads and fourth grade roads according to the level of their technology. The precise standards for each category shall be formulated by the State Council department in charge of communications.

　　Newly constructed roads should meet the technical standards. In the case of uncategorized existing roads which do not meet the lowest technical requirements， measures should be taken gradually to improve them so that they meet the technical requirements.

　　Article 7　Roads shall be protected by the State. No work unit or individual shall destroy or damage roads or illegally occupy roads， road land or facilities belonging to roads.

　　All work units and individuals are obliged to protect roads， road land and facilities belonging to roads， and have the right to report to the authorities and lodge complaints about actions which destroy or damage roads， road land or facilities belonging to roads or which affect the safety of roads.

　　Article 8　The State Council department in charge of communications is in charge of road work nationwide.

　　Departments in charge of communications of local people's governments above county level are in charge of road work within their administrative district， but the responsibilities of departments in charge of communications of people's governments above county level for administration and monitoring of national and provincial roads shall be decided by the provincial， autonomous region or centrally governed municipality people's government.

　　Township， minority nationality township and town people's governments are responsible for construction and maintenance of township roads within their administrative area.

　　Departments in charge of communications of people's governments above county level may decide that road administration organizations shall exercise responsibility for road administration in accordance with the provisions of

this Law.

　　Article 9　It is prohibited for any work unit or individual illegally to erect roadblocks， collect fees， impose fines or intercept vehicles on roads.

　　Article 10　The State shall encourage scientific and technological research on road work and shall reward work units and individuals for outstanding achievements in research on and utilization of road science and technology.

　　Article 11　Where this Law has provisions on roads for special use they shall apply to roads for special use.

　　The term “roads for special use” refers to roads constructed， maintained and administered by enterprises or other work units specifically or principally for transport services for that enterprise or work unit.

　　PART TWO　ROAD PLANNING

　　Article 12　Road plans should be drawn up on the basis of the requirements of national economic and social development and of national defence construction and should be co-ordinated with urban construction development plans and development plans for other forms of transport and communications.

　　Article 13　Planning of land for road construction should be in accord with overall land use plans and the annual use of land for road construction should be brought within the annual construction land use plan.

　　Article 14　National road plans shall be drawn up by the State Council department in charge of communications in conjunction with the relevant State Council departments and in consultation with the people's governments of the provinces， autonomous regions and centrally-governed municipalities bordering the road， and shall be reported to the State Council for approval.

　　Provincial road plans shall be drawn up by the provincial， autonomous region or centrally governed municipality people's government departments in charge of communications in conjunction with the relevant departments at the same level and in consultation with the lower level people's governments bordering the road. They shall be reported to the people's government of the province， autonomous region or centrally-governed municipality for approval and put on file with the State Council department in charge of communications.

　　County road plans shall be drawn up by the county level people's government departments in charge of communications in conjunction with the relevant departments at the same level. They shall be reported to the immediately superior level people's government for approval once they have been examined and approved by the same level people's government.

　　Township road plans shall be drawn up by the county level people's government departments in charge of communications with the assistance of township， minority nationality township and town people's governments and reported to the county level people's government for approval.

　　County and township road plans approved in accordance with Paragraphs 3 and 4 should be reported to and put on file at the department in charge of communications immediately superior to the approving authority.

　　Provincial road plans should be co-ordinated with national road plans. County road plans should be co-ordinated with provincial road plans. Township road plans should be co-ordinated with county road plans.

　　Article 15　Road for special use plans shall be drawn up by the work unit in charge of the road for special use and， after examination and approval by the superior department in charge， shall be reported to the department in charge of communications of the people's government above county level for verification.

　　Road for special use plans should be co-ordinated with road plans. Departments in charge of communications of people's governments above county level which discover aspects of road for special use plans not in co-ordination with national， provincial， county or township road plans should suggest amendments. The departments and work unit in charge of the road

for special use should make corresponding amendments.

　　Article 16　Local adjustments to national road plans shall be decided by the authority which drew up the plans. If national road plans require major amendment an amended plan shall be put forward by the authority which drew up the plans and reported to the State Council for approval.

　　If approved provincial， county or township road plans require amendment an amended plan shall be put forward by the authority which drew up the plans and reported to the original approving authority for approval.

　　Article 17　The names and symbols of national roads shall be decided by the State Council department in charge of communications. The names and symbols of provincial， county and township roads shall be decided by the department in charge of communications of the provincial， autonomous region or centrally governed municipality people's government in accordance with the relevant regulations of the State Council department in charge of communications.

　　Article 18　Planning and new construction of villages， small towns and development zones shall preserve the stipulated distance from roads and shall avoid encroaching on roadsides in order to prevent roads from becoming streets and so affecting safe and unimpeded passage on roads.

　　Article 19　The State shall encourage use of roads for special use for public transport. When roads for special use are used principally for public transport they may， on the application of the work unit in charge of the road for special use or of the relevant party with the agreement of the work unit in charge of the road for special use， and with the approval of the provincial， autonomous region or centrally governed municipality people's government department in charge of communications， be redesignated as provincial， co

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