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

on， safe and unimpeded.

　　Article 44　No work unit or individual shall occupy or excavate roads without authority.

　　If because of construction of railways， airports， power stations， communications facilities， water conservancy projects or other construction pro

jects it is necessary to occupy or dig up roads， or to change their path， the construction work unit should obtain the consent of the department in charge of communications before the event. If traffic safety will be affected they must also obtain the consent of the relevant public security authorities. If roads are occupied or dug up， or their path is changed， the construction work unit should repair or construct the affected section to a technical standard not lower than the original road， or pay the corresponding economic compensation.

　　Article 45　The consent of the department in charge of communications should be obtained beforehand for the construction of facilities which span or cut across roads such as bridges， aqueducts and overhead or underground pipelines as well as for facilities such as overhead or underground pipelines， electric cables etc on road land. If traffic safety will be affected the consent of the relevant public security authorities must also be obtained. The constructed， erected or buried facilities should meet the road engineering technical standards. Compensation for damage caused to roads should be paid in line with the degree of damage caused.

　　Article 46　No work unit or individual shall set up constructions， stack goods， dump rubbish， erect obstacles or dig water channels on roads or road land， use roadside ditches to discharge pollutants， or commit any other action to damage or pollute roads or affect free passage.

　　Article 47　It is not permitted to dig sand， stone or earth， to discard waste， to carry out blasting or to commit any other action which endangers the safety of road bridges， road tunnels and road crossings within 200 metres of large or medium-sized road bridges or crossings， within 100 metres of the ceiling of and entrances to road tunnels， and within a set distance of either side of the road.

　　If it is necessary to construct dykes or dams or to reduce or widen riverbeds within the limits defined in the preceding paragraph in order to deal with an emergency or prevent or control floods， this must be reported beforehand to the people's government department in charge of communications and the department in charge of water administration of the province， autonomous region or centrally governed municipality. Effective measures shall be taken to ensure the safety of the roads， road bridges， road tunnels and road crossings concerned.

　　Article 48　With the exception of agricultural machinery which must drive short distances along roads to move between local fields， iron-wheeled vehicles， tracked vehicles and other machinery which may damage the road surface are not permitted to drive on the roads. If it is necessary to do so the consent of the department in charge of communications of the local people's government above county level must be obtained， effective safeguards taken and the journey made at the time and along the route set by the public security authorities. Compensation should be paid for damage caused to the roads in accordance with the degree of damage.

　　Article 49　The axle load quality of vehicles using the roads should be in accord with the road engineering technical standards.

　　Article 50　Vehicles which exceed the weight， height， width or length restrictions for roads， road bridges， road tunnels or vehicle ferries must not use roads， road bridges， road tunnels or vehicle ferries for which such restrictions are prescribed. If vehicles which exceed the weight limit for roads or road bridges must use such roads or bridges， approval must be obtained from the department in charge of communications of the local people's government above county level and effective safeguards taken. Transport of goods of a size that exceed the limits but which cannot be broken up should take place at the designated time and along the designated route， and clear signs should be hung on the vehicle.

　　Transport work units unable to a

dopt safeguards as stipulated in the preceding paragraph shall be assisted to do so by the department in charge of communications. The necessary costs shall be borne by the transport work unit.

　　Article 51　Motorized vehicle manufacturers and other work units must not use roads as testing grounds for testing the brake performance of motorized vehicles.

　　Article 52　No work unit or individual shall damage， move without authority or alter facilities belonging to roads.

　　The term “facilities belonging to roads” as used in the preceding paragraph refers to facilities， equipment and special constructions and buildings installed for road protection， drainage， maintenance， administration， services， traffic safety， crossing， supervision and control， signals or fee collection in order to protect and maintain roads and ensure safe and unimpeded passage.

　　Article 53　Those responsible for damage to roads should make a timely report to the road administration organization and be subject to an on-site investigation by the road administration organization.

　　Article 54　No work unit or individual shall erect any sign other than road signs on road land without approval from the department in charge of communications of the local people's government above county level.

　　Article 55　The construction of additional level crossings on roads must be approved in accordance with the relevant national regulations and constructed in accordance with the stipulated national technical standards.

　　Article 56　It is prohibited to construct buildings or surface structures within the construction control zone on either side of roads except for those required for road protection and maintenance. If it is necessary to install underground pipelines or cables in the construction control zone this must be approved beforehand by the department in charge of communications of the local people's government above county level.

　　The extent of the construction control zone shall be set by the local people's government above county level on the principle of ensuring road safety and economic use of land and in accordance with State Council regulations.

　　Once the extent of the construction control zone is set by the local people's government in accordance with the preceding paragraph， the department in charge of communications of the local people's government above county level shall erect marking posts and boundary markers. No work unit or individual may damage or move without authority these marking posts and boundary markers.

　　Article 57　With the exception of the responsibilities stipulated in Paragraph 2 of Article 47 of this Law， the road administration duties stipulated in this Part as being carried out by the department in charge of communications may， in accordance with Paragraph 4 of Article 8 of this Law， be carried out by road administration organizations.

　　PART SIX　TOLL ROADS

　　Article 58　The State shall permit the establishment of toll roads in accordance with the law but at the same time shall restrict their number.

　　It is prohibited to collect a vehicle toll on any road other than those stipulated in Article 59 as roads on which a vehicle toll may be collected.

　　Article 59　Vehicle tolls may be collected in accordance with the law on the following roads which are in accord with the regulations of the State Council department in charge of communications on technical grade and scale：

　　1. Roads built by departments in charge of communications of local people's governments above county level with loans， or with funds raised from enterprises or individuals；

　　2. Roads for which domestic or foreign economic organizations have in accordance with the law been assigned the right pre-project to collect tolls； and

　　3. Roads built with investment from domestic or foreign economic organizations.

　　Article 60　The limit on t

he period of toll collection on roads built by departments in charge of communications of local governments above county level with loans or raised funds shall be decided by the provincial， autonomous region or centrally governed municipality people's government in accordance with the regulations of the State Council department in charge of communications on the principle of collecting tolls to repay the loan or to raise funds.

　　Roads for which there is compensated transfer of road toll rights shall after the transfer of the rights run by the assignee collecting the tolls. The period of transfer of toll rights shall be agreed upon by the assignor and assignee and reported to the authority examining and approving toll rights for examination and approval. But the period may not exceed the number of years stipulated by the State Council.

　　The building of roads with investment from domestic or foreign economic organizations must be examined and approved in accordance with the relevant national regulations. Once the road is constructed it shall be operated and the toll collected by the investor. The period of operation and toll collection shall be agreed between the relevant department in charge of communications and the investor and examined and approved in accordance with the relevant national regulations on the principle of recouping the investment and making a reasonable return， but it may not exceed the number of years stipulated by the State Council.

　　Article 61　The transfer of toll rights on national roads of the sor

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