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

t stipulated in Item 1， Paragraph 1 of Article 59 must be approved by the State Council department in charge of communications. The transfer of toll rights on roads other than national roads must be approved by the provincial， autonomous region or centrally governed municipality people's government and reported to the State Council department in charge of communications to be put on file.

　　The minimum transaction price for assignment of road toll rights as stipulated in the preceding paragraph shall be decided on the basis of the value estimated by the State-owned asset valuation organization.

　　Article 62　Domestic and foreign economic organizations which have been assigned road toll rights or which have invested in road construction should in accordance with the law set up enterprises to develop and operate roads （hereafter “road operation enterprises”）。

　　Article 63：The work unit collecting the toll road vehicle toll shall propose a plan for the level of road vehicle toll to be collected which shall be reported to the provincial， autonomous region or centrally governed municipality people's government department in charge of communications and the department in charge of price administration at the same level for examination and approval.

　　Article 64　Vehicle toll collecting stations set up on toll roads should be reported to the provincial， autonomous region or centrally governed municipality people's government for examination and approval. Vehicle toll collecting stations set up on toll roads spanning provinces， autonomous regions and centrally governed municipalities shall be discussed and decided by the people's governments of the provinces， autonomous regions and centrally governed municipalities involved. If agreement cannot be reached through discussion they shall be decided by the State Council department in charge of communications. If construction of a single toll road has been organized by various different departments in charge of communications or if a single toll road is operated by various different road operating enterprises then an overall plan should be drawn up and toll stations distributed rationally on the principle of “unified collection of fees with proportional division”。

　　The distance between two toll stations must not be less than the standard stipulated by the State Council department in charge of communications.

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　　Article 65　In the case of roads for which there is compensated transfer of toll collection rights， the toll collection rights shall revert to the transferor when the period agreed in the toll collection rights transfer contract has expired.

　　In the case of toll roads built with investment from， and operated by， domestic or foreign economic organizations， the road shall revert to the State without compensation when the agreed operating period has expired and be administered by the relevant department in charge of communications.

　　Article 66　Maintenance work on roads for which the toll collection rights have been assigned in accordance with Article 59 or which have been built with investment from， and are operated by， domestic or foreign economic organizations shall be the responsibility of the road operating enterprise. The road operating enterprise shall maintain the road properly during the operating period in accordance with the technical and operating standards stipulated by the State Council department in charge of communications. The road should be in a good state of technical repair when the assignment or operating period is up.

　　Road greening and soil and water maintenance within the road land area as stipulated in the preceding paragraph shall be the responsibility of the road operating enterprise.

　　Part Five of this Law applies to road administration as stipulated in the first paragraph. Road administration duties shall be carried out by the department in charge of communications of the local people's government above county level or by organizations and personnel belonging to the road administration organization.

　　Article 67　Those who cause losses to road operating enterprises through carrying out the activities listed in Paragraph 2 of Article 44， Article 45， Article 48 and Article 50 shall pay the corresponding compensation except for when such activities are carried out in accordance with the stipulations in those articles.

　　Article 68　The specific procedures for administration of toll roads shall be formulated by the State Council in accordance with this Law.

　　PART SEVEN　SUPERVISION AND INSPECTION

　　Article 69　Communications administration departments and road administration organizations shall in accordance with the law supervise and inspect law and regulation enforcement on the relevant roads.

　　Article 70　Communications administration departments and road administration departments shall be responsible for the administration and protection of roads. They have the right to investigate and put a stop to all activities which encroach on or damage roads， road land or facilities belonging to roads and to investigate and put a stop to other activities in violation of this Law.

　　Article 71　No work unit or individual may obstruct road supervision and inspection personnel when they are supervising or inspecting roads， construction control zones， parking areas， work unit ownership of vehicles etc in accordance with the law.

　　Road operators， road users and other relevant work units and individuals should accept supervision and inspection by road supervision and inspection personnel in accordance with the law and should facilitate supervision and inspection.

　　Road supervision and inspection personnel should when carrying out their duties wear badges and carry proof to work.

　　Article 72　Communications administration departments and road administration departments should strengthen administration and education of their supervision and inspection personnel and require such personnel to be familiar with the relevant national laws and regulations， to be impartial and honest， to serve enthusiastically and to enforce the law impartially. They should strengthen supervision and inspection law enforcement acts of road supervision and inspection personnel， correct illegal behaviour in a timely fashion and deal w

ith it in accordance with the law.

　　Article 73　Special vehicles used for road supervision and inspection should bear unified markings and show warning lights.

　　PART EIGHT　LEGAL LIABILITY

　　Article 74　Those who in violation of the law or of the relevant State Council regulations erect roadblocks and collect fees on roads without authorization shall be ordered to stop their illegal activity by the department in charge of communications. Their illegal income shall be confiscated and they may be fined up to three times their illegal gains. Those with no illegal gains may be fined up to Rmb 20，000. Those in charge with direct responsibility or others directly responsible for such acts shall be administratively penalized in accordance with the law.

　　Article 75　Those who in violation of Article 25 of this Law start construction work without the authorization of the department in charge of communications may be ordered by the department to stop construction and may be fined up to Rmb 50，000.

　　Article 76　Those committing one of the following illegal acts shall be ordered by the department in charge of communications to stop their illegal activity and may be fined up to Rmb 30，000：

　　1. Unauthorized occupation or digging up of roads in violation of Paragraph 1， Article 44 of this Law；

　　2. Construction of facilities such as bridges and crossings or overhead or underground pipelines and cables without consent or not in accord with the road engineering technical standards in violation of Article 45 of this Law；

　　3. Conduct which endangers road safety in violation of Article 47 of this Law；

　　4. Driving on the road without authorization an iron-wheeled vehicle， tracked vehicle or other machine likely to damage the road surface in violation of Article 48 of this Law；

　　5. Use of vehicle ferries with a vehicle that exceeds the restrictions or driving a vehicle that exceeds the restrictions on the road without authorization in violation of Article 50 of this law； or

　　6. Those who damage， move or alter facilities belonging to roads， or who damage or move construction control zone marker stakes or border markers， in a way likely to endanger road safety in violation of Articles 52 and 56 of this Law.

　　Article 77　Those who in violation of Article 46 of this Law damage or pollute the road surface or impede passage along the road， or who in violation of Article 51 use the road as a testing ground， shall be ordered by the department in charge of communications to stop their illegal activity and may be fined up to Rmb 5，000.

　　Article 78　Those who in violation of Article 53 of this Law cause damage to the road and fail to report it shall be fined up to Rmb 1，000 by the department in charge of communications.

　　Article 79　Those who in violation of Article 54 of this Law erect signs other than road signs on road land shall be ordered to remove these within a set period by the department in charge of communications and may be fined up to Rmb 20，000. Signs that are not removed within the time limit shall be removed by the department in charge of communications and the cost borne by those who erected the sign.

　　Article 80　Those who in violation of Article 55 of this Law add level crossings on the road without approval shall be ordered by the department in charge of

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