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

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　　Once finding that any vehicle is overloaded， the business operator of the toll road shall report to the public security organ immediately， and the public security organ shall handle it in accordance with law.

　　Article 35 No business operator of any toll road may have t

he following acts：

　　1. Raising the charging standard of vehicle tolls without authorization；

　　2. Collecting additional fees or collecting as agent any other fees besides the charging standard for vehicle tolls；

　　3. Collecting by force or by other improper means vehicle tolls in a certain period per vehicle； or

　　4. Not issuing toll note， or issuing toll note that is not made and printed by （or under the supervision of） the finance department and taxation department of the people's government of the province， autonomous region， and municipality directly under the Central Government or issuing invalid overdue toll notes.

　　If there is any of the preceding acts， the vehicle driving through a toll road shall have the right to refuse the payment of vehicle tolls.

　　Article 36 The income from vehicle tolls collected by the operators of any road whose loans are repaid by the government shall be deposited into the special financial account in full， and the income management shall be strictly separated from expense management.

　　The vehicle tolls of the road whose loans are repaid by the government shall be used in full for repayment of loans and funds raised with compensation except that the necessary overhead and maintenance fees shall be outlaid from the budget of vehicle tolls approved by the finance department， and shall not be diverted for other purpose.

　　Article 37 In case the time limit for toll collection of any toll road expires， the toll collection shall be terminated.

　　In case the loans and the funds raised with compensation have been paid off before the end of the time limit for toll collection of the road whose loans are repaid by the government， the toll collection shall be terminated.

　　In case toll collection is terminated in any toll road in accordance with the provisions of the preceding two paragraphs， the relevant people's government of the province， autonomous region， and municipality directly under the Central Government shall give a notice to the general public， specifying the date for termination of toll collection， and accept social supervision.

　　Article 38 The competent communications department of the people's government of any province， autonomous region， or municipality directly under the Central Government shall make appraisal and acceptance check on any toll road six months before the termination of toll collection of the toll road. If， after appraisal and acceptance check， the road has complied with the technical level and standard verified at the time of obtaining the rights and interests in the road， the business operator of the toll road may go through formalities for transfer of the road with the competent communications department in accordance with the relevant state provisions. If it does not comply with the technical level and standard assessed at the time of obtaining the rights and interests in the toll road， the business operator of the toll road shall make maintenance within the time limit as determined by the competent communications department， and the formalities for transfer of the road cannot be handled as required until the requirements have been met.

　　Article 39 After toll collection is terminated in a toll road， the business operator of the toll road shall dismantle the toll facilities within 15 days from the date of termination of toll collection.

　　Article 40 No entity or individual may force any vehicle to drive through any toll road by means of closing or blocking non-toll roads or setting up blocks on non-toll roads to collect tolls.

　　Article 41 The business operator of a toll road shall provide the statistical materials and the relevant conditions in time according to the requirements of the competent communications department of the State Council and that of the people's government of the province， autonomous region， and municipality directly under the Centra

l Government.

　　Article 42 The maintenance and virescence of a toll road， and the water and soil conservation and road affairs management within the land use scope of the road， shall be implemented in accordance with the relevant provisions of the Highway Law.

　　Article 43 The competent communications department of the State Council and those of the people's governments of the provinces， autonomous regions， and municipalities directly under the Central Government shall conduct supervision over and inspection on toll roads， urge the business operators of toll roads to fulfill duty of maintenance， virescence of toll roads and water and soil conservation within the land use scope of the roads.

　　Article 44 The auditing organs shall strengthen audit supervision over toll roads in accordance with law， and make investigation into and deal with illegal acts according to law.

　　Article 45 When conducting supervision over and inspection on the toll road according to law， no administrative law enforcement organ may charge any fees from the business operator of any toll road.

　　Article 46 The people's governments of provinces， autonomous regions， and municipalities directly under the Central Government shall announce to the public such information as the name of toll roads and tollbooths within their administrative districts， toll collection entities， charging standard， and time limit for toll collection， etc. to accept social supervision.

　　Chapter V Legal Liabilities

　　Article 47 If anyone approves without authorization the construction of any toll road， tollbooth， time limit for toll collection， charging standards for vehicle tolls， or transfer of rights and interests in any toll road in violation of the provisions of the present Regulation， the people's government of the province， autonomous region， and municipality directly under the Central Government shall order it/him to make corrections， and impose such administrative punishments as recording a special demerit or even dismissing the responsible person in charge and other directly liable personnel. If a crime is constituted， he shall be prosecuted for the criminal liabilities according to law.

　　Article 48 If any local people's government or the relevant department and any of their staff members illegally interferes with the business management of any toll road in violation of the present Regulation， or seizes or embezzles vehicle tolls collected by the business operator of the toll road， the upper level people's government or the relevant department shall order it/him to stop the illegal interference， return the vehicle tolls it/he has seized or embezzled， and give the responsible person in charge and other directly liable personnel such administrative punishments as recording a special demerit or even dismissing him according to law. If a crime is constituted， he shall be prosecuted for the criminal liabilities according to law.

　　Article 49 If any one sets up any tollbooth or checkpoint to collect vehicle tolls without authorization or fails to terminate the toll collection that he/it should terminate in violation of the present Regulation， the competent communications department of the State Council or that of the people's government of the province， autonomous region， and municipality directly under the Central Government shall ex officio order him/it to make corrections， and force him/it to dismantle the toll facilities. The illegal gains shall be confiscated if any， and a fine of two times up to five times the illegal gains shall be imposed upon him/it. If there are illegal gains， a fine of RMB 10，000 Yuan up to 50，000 Yuan shall be imposed. And if the responsible person in charge and other directly liable personnel are state functionaries， they shall be given such administrative punishments as recording a special demerit or even dismissed.

　　Article 50 If any one violates the provisions of the

present Regulation under any of the following circumstances， the competent communications department of the State Council or that of the people's government of the province， autonomous region， and municipality directly under the Central Government shall ex officio order it/him to make corrections， and impose a fine of RMB 50，000 Yuan up to 200， 000 Yuan in light of the circumstances：

　　1. The setup of any tollbooth does not comply with the standards or the position of the tollbooth is altered without authorization；

　　2. Failing to make routine inspection and maintenance on any toll road and the facilities along it according to the standards and criterions prescribed by the state；

　　3. Failing to set up traffic signs and markings properly in accordance with the relevant state provisions；

　　4. The setup of crossings does not comply with the requirements for safe driving of vehicles or the number of crossings does not comply with the requirements for the rapid passing through of vehicles；

　　5. Failing to set up safety and prevention facilities as required or to give indication or public notice when meeting such circumstances as road damage， construction or occurrence of traffic accidents and other circumstances that may influence the normal and safe driving of vehicles， or failing to divert the flow of traffic in time in case of a traffic jam； or

　　6. Failing to announce timely the information on restricted speed or closing of toll roads that should be announced.

　　Article 51

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