收费公路管理条例 Order of the State Council of the Peoples Republic of China

life farm products in the green passages prescribed by the state， the charging standard for vehicle tolls may be lowered properly or exempted.

　　In case of constructing facilities having no relation with the management of toll roads， or constructing facilities and service facilities for managing toll roads exceeding the standards， the expenses may not be regarded as the factor for determination of the charging standard.

　　If it is necessary to adjust the charging standard for vehicle tolls， it shall be handled according to the procedures as prescribed in Article 15 of the present Regulation.

　　Article 17 As to the tollbooths of any toll road， the time limit for toll collection， charging standard for vehicle tolls or the adjustment plan of charging standard， which are examined and approved according to the procedures as prescribed by the present Regulation， the department in charge of examination and approval shall submit the relevant documents for archival purposes to the competent communications department and price department of the State Council within 10 days from the date of examination and approval. If the roads are those whose loans are repaid by the government， the relevant documents shall also be filed with the finance department of the State Council within 10 days from the date of examination and approval.

　　Article 18 The following technical level and scale shall be complied with for the construction of toll roads：

　　1. For freeways， the consecutive mileage shall be more than 30 kilometers， excluding the freeways from the urban district to its airport.

　　2. For arterial roads， the consecutive mileage shall be more than 50 kilometers. And

　　3. For independent two-lane bridges or tunnels， the length shall be more than 800 meters； for independent four-lane bridges or tunnels， the length shall be more than 500 meters.

　　No tolls shall be charged on roads whose technical level is two or less. But vehicle tolls may be collected upon approval according to law on the secondary road whose consecutive mileage is more than 60 kilometers， and which is con

structed by the provinces， autonomous regions， and municipalities directly under the Central Government in the middle and western areas as determined by the state.

　　Chapter III Transfer of Rights and Interests in Toll Roads

　　Article 19 In case any rights and interests in any toll road are transferred according to the provisions of the present Regulation， it shall be announced to the general public. The transfer shall be made in the way of bid invitation or tendering， and the business operators shall be chosen fairly， justly and openly， and a transfer agreement shall be concluded in accordance with law.

　　Article 20 The rights and interests in a toll road shall include toll collection rights， advertisement operation rights， and service facilities operation rights.

　　The legal rights and interests of investors shall be protected in accordance with law in the event of transferring the rights and interests in any toll road.

　　Article 21 In case of transferring the toll collection rights of the rights and interests in the road whose loans are repaid by the government， the transferor may apply for an extension of the time limit for toll collection， but the extension period shall not exceed five years.

　　The time limit for toll collection shall not be extended for transfer of toll collection rights of the rights and interests in for-profit roads.

　　Article 22 Under any of the following circumstances， the toll collection rights of the rights and interests in a toll road may not be transferred：

　　1. The independent two-lane bridge and tunnel whose length is less than 1，000 meters；

　　2. Secondary roads； or

　　3. The time for toll collection has exceeded two thirds of the approved time limit for toll collection.

　　Article 23 The income from transfer of rights and interests in the roads whose loans are repaid by the government shall be turned in to the treasury， and shall be used for road construction apart from being used for repayment of loans and funds raised with compensation.

　　Article 24 The concrete measures for the transfer of the rights and interests in a toll road shall be formulated by the competent communications department of the State Council together with the development and reform department and finance department of the State Council.

　　Chapter IV Management of Toll Roads

　　Article 25 A toll road shall be checked before acceptance in accordance with the relevant state provisions after the completion of its construction. No vehicle tolls may be collected until the road is qualified upon acceptance inspection.

　　No tolls may be collected during the construction of a toll road.

　　Article 26 The business operator of a toll road shall make routine inspection and maintenance on the toll road and the facilities along it according to the standard and criterions as prescribed by the state， so as to ensure that the toll road be in a good technical state， and provide high quality services for vehicles and personnel passing through it.

　　For the maintenance of a toll road， the construction and completion thereof shall be strictly in compliance with the time limit for the maintenance. No one may postpone the maintenance construction by exceeding the time limit， nor may the construction affect the safe passage of vehicles.

　　Article 27 The business operator of a toll road shall set up a bulletin board on an eye-catching place of a toll booth， specifying the name of the toll booth， department of examination and approval， toll collection entity， charging standard， fixed number of year for starting and ending toll collection， and telephone number for supervision， and other contents， etc.， so as to accept public supervision.

　　Article 28 The business operator of a toll road shall set up traffic signs and markings according to the standards as prescribed by the state and in light of the tra

ffic status， facilities along the roads， and etc.

　　The traffic signs and markings shall be clear， accurate and easy to identify. The important passage information shall be indicated repeatedly.

　　Article 29 The set up of a toll plaza shall comply with the requirements for safe driving of vehicles； the number of toll plazas shall comply with the requirements for rushing through of vehicles， and shall not result in traffic jam.

　　Article 30 The staffing of toll attendants of any tollbooth shall be in keeping with the number of toll plazas and the traffic flow rate， no toll attendant may be increased at will.

　　The business operator of a toll road shall strengthen vocational training and education of professional ethics on toll attendants of the tollbooth， the toll collectors shall be polite and provide services up to the standard.

　　Article 31 In case of road damage， construction or occurrence of a traffic accident and other circumstances that may influence the normal and safe driving of vehicles， the business operator of a toll road shall set up safety prevention facilities on the scene， and give indication on speed limit or warnings on the entry and exit of the toll road， or give a public notice by making use of the variable information board along the toll road and other facilities. If it results in a traffic jam， the business operator shall report to the relevant department and assist in diverting the flow of traffic.

　　In case of a serious damage of any road， or bad weather conditions or major traffic accident and other circumstances that seriously affect the safe passage of vehicles， the public security organs shall take such traffic control measures as restricting the driving speed and closing the road according to law and in light of the circumstances. The business operator of a toll road shall actively cooperate with the public security organs and timely announce the relevant traffic control information to the vehicles passing through the road.

　　Article 32 The business operator of any toll road shall issue toll notes to the users of the toll road when collecting vehicle tolls. The toll notes of the roads whose loans are repaid by the government shall be made and printed uniformly by （or under the supervision of） the finance department of the people's government of the province， autonomous region， and municipality directly under the Central Government. The toll notes of for-profit roads shall be made and printed uniformly by （or under the supervision of） the taxation department of the people's government of the province， autonomous region， and municipality directly under the Central Government.

　　Article 33 The business operator of any toll road shall have the right to refuse the driving through of any vehicle that refuses to pay， escapes the payment， or pays vehicle tolls less than it should pay according to law， and requires it to replenish the vehicle tolls that should be paid.

　　No one may purposely block toll plazas， rush out of the tollbooth by force， assault and batter management personnel of any toll road， destroy toll facilities or undertake other activities that disturb the order of toll road management for the purpose of refusing to pay， escaping the payment of， or paying less vehicle tolls than he should pay.

　　In case of occurrence of the aforesaid acts disturbing the business management order of any toll road， the business operators of the toll road shall report to the public security organs timely， and the public security organs shall handle it in accordance with law.

　　Article 34 No vehicle driving on any toll road may be overloaded

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