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

unty or township roads.

　　PART THREE　ROAD CONSTRUCTION

　　Article 20　Departments in charge of communications of people's governments above county level should safeguard the orderly construction of roads in accordance with their duties and should strengthen monitoring and administration of road construction.

　　Article 21　As well as finances allocated by all levels of people's governments， including those transformed from funds collected in accordance with the law by tax levy for use on road construction， funds may also be borrowed in accordance with the law from domestic and foreign financial institutions or foreign governments.

　　The State shall encourage domestic and foreign economic organizations to invest in road construction. Companies developing and operating roads may in accordance with the law and administrative regulations raise funds through issue of shares or company bonds.

　　Revenue from road toll rights which are assigned in accordance with the provisions of this Law must be used on road construction.

　　The raising of funds from enterprises and individuals for road construction must be in accord with need and ability. The principle of giving voluntarily shall be upheld. Levies must not be apportioned compulsorily and fund raising must be in accordance with the relevant State Council regulations.

　　Road construction funds may also be raised in other ways in keeping with the law and State Council regulations.

　　Article 22　Road construction should be carried out in accordance with the infrastructure procedure stipulated by the State and with the relevant regulations.

　　Article 23　Road construction projects should implement a legal person responsibility system， a tender system and a project management system in accordance with the relevant State regulations.

　　Article 24　Road construction work units should select suitably qualified survey and design work units， construction work units and project management work units in line with the characteristics and technical demands of the road construction project， and shoul

d sign separate contracts clarifying the rights and obligations of both sides in accordance with the provisions of the relevant laws and regulations and the requirements of the road project technical standards.

　　Feasibility study work units， survey and design work units， construction work units and project management work units undertaking road construction projects must hold the qualification certificates stipulated by the State.

　　Article 25　Reports on construction of road construction projects must be submitted for approval to the department in charge of communications of the local people's government above county level in accordance with the regulations of the State Council department in charge of communications.

　　Article 26　Road construction must be in accordance with road project technical standards.

　　Design work units， construction work units and project management work units undertaking road construction projects should in accordance with the relevant State regulations set up a good quality assurance system， implement a post responsibility system， and carry out design， construction and management in accordance with the relevant laws and regulations， the road project technical standards and the clauses of the contracts， and ensure the quality of the road project.

　　Article 27　Use of land for road construction shall be handled in accordance with the provisions of the relevant laws and administrative regulations.

　　Road construction should follow the principle of protecting cultivated land and of using land economically.

　　Article 28　No work unit or individual shall obstruct or illegally impose charges on road construction for which it is necessary to use State-owned barren hills and uncultivated land， or to extract sand， rock or earth from State-owned barren hills， uncultivated land， river banks or beaches， once this has been handled in accordance with the stipulations of the relevant laws and administrative regulations.

　　Article 29　All levels of local people's governments should support and assist road construction in land use and in moving people in accordance with the law.

　　Article 30　Design and construction of road construction projects should be in accordance with the legal requirements to protect the environment， protect cultural relics and prevent loss of water and soil.

　　Road construction projects involving national defence requirements in the road plan should be constructed strictly in accordance with the plan in order to safeguard national defence communications.

　　Article 31　When road construction affects the normal use of railways， irrigation works， electricity， posts and telecommunications facilities and other facilities， the road construction work unit should obtain the consent of the relevant departments in advance. When road construction damages the relevant facilities the road construction work unit should restore such facilities to a technical standard no lower than they were originally， or give corresponding economic compensation.

　　Article 32　When rebuilding roads， construction work units should erect clear construction and safety signs at either end of the stretch of road under construction. If vehicles have to make a detour signs should be erected at the mouth of the alternative route. If they cannot detour a temporary road must be constructed to ensure that vehicles and pedestrians can pass.

　　Article 33　After work is finished on road construction projects and road repair projects they should be checked in accordance with the relevant national regulations. Those which have not been checked or which are found to be not up to standard must not be put into use.

　　Article 34　Local people's governments above county level should ascertain that the outer edge of the ditches （drainage ditches and slope protection ditches， the same applies below） on either side of the road starts not less th

an one metre from the road.

　　PART FOUR　ROAD MAINTENANCE

　　Article 35　Road administration organizations should maintain roads in accordance with the technical standards and operating rules stipulated by the State Council department in charge of communications， and ensure that roads are normally in a good technical state.

　　Article 36　Road maintenance funds shall be collected by the State through tax levy in accordance with the law. The detailed implementing procedures and steps shall be stipulated by the State Council.

　　Roads maintenance funds collected by tax in accordance with the law must be particularly used on road maintenance and re-construction issues.

　　Article 37　County and township level people's governments should assist and co-ordinate the obtaining of sand， rock， earth and water required for road maintenance.

　　Article 38　County and township level people's government should， in accordance with the relevant national regulations， include the organization within rural compulsory work of the obligatory provision of labour by rural residents living along roads to build and maintain roads.

　　Article 39　In order to ensure the physical safety of road maintenance personnel they should when carrying out maintenance work wear uniform safety apparel. When vehicles are used in road maintenance work these should be clearly marked when working on the roads.

　　When road maintenance vehicles are working， their route and direction of travel are not subject to road markings or restrictions as long as this does not affect passing vehicles. Passing vehicles should give way to road maintenance vehicles and personnel.

　　When road maintenance project construction affects passing vehicles and pedestrians the construction work unit should act in accordance with Article 32 of this Law.

　　Article 40　If national or provincial road communications are cut because of serious natural disaster the road administration departments should effect timely repairs. If it is difficult for them to do so local people's governments above county level should in a timely fashion organize rush repairs by local authorities， groups， enterprise and business work units and urban and rural residents. They may request assistance from locally stationed armed forces to repair communications as quickly as possible.

　　Article 41　Road administration organizations shall be responsible for the maintenance of land and water on slopes and uncultivated land that are included in road land.

　　Article 42　Work on greening roads shall be organized and implemented by road administration organizations in accordance with the technical standards for road projects.

　　Trees on land used for roads must not be felled arbitrarily. If regeneration felling is necessary the examination and approval procedure should be carried out in accordance with the stipulations of the PRC， Forestry Law once consent has been obtained from the department in charge of communications of the local people's government above county level， and regeneration replanting should be completed.

　　PART FIVE　ROAD ADMINISTRATION

　　Article 43　All levels of local people's government should take measures to improve the protection of roads.

　　Departments in charge of communications of local people's government above county level should discharge their duties diligently， protect roads properly in accordance with the law， work hard to adopt scientific administration methods and advanced technical methods， improve the standard of road administration， gradually perfect road service facilities and ensure that roads are in good conditi

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/