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

2009-03-24 法律英语 来源:互联网 作者:
If any business operator of any toll road fails to issue notes in violation of the present Regulation when collecting tolls, or issues notes that are not made and printed by (or under the supervision of) the finance or taxation department of the people's government of the province, autonomous region, and municipality directly under the Central Government, or issues invalid overdue notes, the department of finance or taxation shall order him/it to make corrections, and impose a fine of RMB 100,000 Yuan up to 500,000 Yuan in light of the circumstances. If the responsible person in charge and other directly liable personnel are state functionaries, they shall be given the administrative punishment of recording a special demerit or even dismissed. If a crime is constituted, they shall be prosecuted for the criminal liabilities.

  Article 52 If any manager of the road whose loans are repaid by the government fails to deposit the vehicle tolls in full in the special financial account or fails to turn in the income gained from transfer of rights and interests in roads whose loans are repaid by the government in full to the state treasury in violation of the present Regulation, the department of finance shall order the operator to deposit or turn in and to supplement the amount due. The responsible person in charge and other directly liable personnel shall be given the administrative punishment of recording a special demerit or even dismissed according to law.

  In case the department of finance fails to have the vehicle tolls of the road whose loans are repaid by the government or the income gained from transfer of the rights and interests in the road whose loans are repaid by the government used for repayment of loans or funds raised with compensation, or diverts for other purposes the vehicle tolls or income from the transfer of rights and interests in the road whose loans are repaid by the government, the people's government of corresponding level shall order it/him to repay the loan and the funds raised with compensation, or order it/him to return the diverted vehicle tolls and the income gained from transfer of the rights and interests of the road whose loans are repaid by the government. And the responsible person in charge and other directly liable personnel shall be given the administrative punishment of recording a special demerit or even dismissed. If a crime is constituted, it/he sh

all be prosecuted for the criminal liabilities according to law.

  Article 53 If, after the termination of toll collection of any toll road, the business operator of the toll road fails to dismantle toll facilities in time in violation of the present Regulation, the competent communications department of the people's government of the province, autonomous region, and municipality directly under the Central Government shall order it/him to dismantle them within a prescribed time limit. If it/he fails to dismantle it within the time limit, the toll facilities shall be dismantled by force, and the fees for dismantlement shall be borne by the former business operator of the toll road.

  Article 54 If any business operator of any toll road fails to maintain the toll road according to the technical specifications and operating instructions as prescribed by the competent communications department of the State Council in violation of the present Regulation, the competent communications department of the people's government of the province, autonomous region, and municipality directly under the Central Government shall order it/him to make corrections. If it/he refused to make corrections, it/he shall be ordered to stop toll collection. If it/he still fails to perform the duty of road maintenance within 30 days after being ordered to stop toll collection, the competent communications department of the people's government of the province, autonomous region, and municipality directly under the Central Government shall designate other entities to carry out maintenance, and the maintenance fees shall be borne by the former business operator of the toll road. If it/he refuses to bear the fees, the competent communications department of the people's government of the province, autonomous region, and municipality directly under the Central Government may apply to the people's court for coercive enforcement.

  Article 55 Where any business operator of any toll road fails to perform duties of road virescence or conservation of water and soil in violation of the present Regulation, the competent communications department of 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 a fine of one time up to two times the fees as needed for the former business operator of the toll road to perform such duties.

  Article 56 The competent price department of the State Council or the competent price department of the local people's government at or above the county level shall impose penalties on the price illegal acts in violation of the present Regulation in accordance with the provisions of laws, regulations and rules on price administration.

  Article 57 Where anyone, in violation of the present Regulation purposely blocks the toll plaza, rushes out of the tollbooth by force, assaults and batters road management personnel, destroys toll facilities or undertakes other activities disturbing 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, the public security organs shall give him punishment according to law If such acts are in violation of the management of public security. If a crime is constituted, he shall be prosecuted for the criminal liabilities. If it results in a loss or personal injury to any business operator of the toll road, he shall bear civil liabilities for compensation according to law.

  Article 58 Where any one counterfeits vehicles of army troops or armed force troops, uniform police wagons with unified marks of public security organs and vehicles used for emergency rescue and relief in order to escape the payment of vehicle tolls, the relevant department shall handle it according to law.

  Chapter VI Supplementary Provisions

  Article 59 The toll roads under construct

ion and having been put into operation prior to the implementation of the present Regulation shall be regulated by the competent communications department of the State Council together with the development and reform department and finance department of the State Council in accordance with the principles as prescribed by the present Regulation. The specific measures shall be formulated by the competent communications department of the State Council.

  Article 60 The present Regulation shall go into effect as of November 1, 2004

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