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全国人民代表大会常务委员会关于修改《中华人民共和国公路法》的决定 附:修订本 Decision of the Standing Committee of the National Peoples Co

2009-03-24 法律英语 来源:互联网 作者:
ng should be in coordination with state highway planning. County highway planning should be in coordination with provincial highway planning. Village highway planning should be in coordination with county highway planning.

  Article 15 Special-purpose highway planning shall be made by units in charge of the special-purpose highways and shall be submitted to the departments of communications of the People's Governments above the county level for examination and verification upon examination and finalization by the competent departments at the next higher level.

  Special-purpose highway planning should be in coordination with highway planning. Upon discovery of incoordination between special-purpose highway planning and state highway, provincial highway, county highway and village highway planning, the departments of communications of the People's Governments above the county level should put forth suggestions for revisions,and the competent departments and units of the special-purpose highways should make corresponding revisions.

  Article 16 Partial adjustments in state highway planning shall be decided upon by the organs which originally made the plans. For state highway planning which requires major revisions, the organs which originally made the plans shall put forth schemes for revision to be submitted to the State Council for approval.

  For approved provincial highway, county highway and village highway planning that require revisions, the organs which originally made the plans shall put forth schemes for revision to be submitted to the original approval organs for approval.

  Article 17 Naming and numbering of state highways shall be determined by the department of communications under the State Council; naming and numbering of provincial highways, county highways and village highways shall be determined by the departments of communications of the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the relevant provisions of the department of communications under the State Council.

  Article 18 In plann

ing and building of new villages, townships and development zones, the prescribed distance from the highways should be kept and constructions should be avoided corresponding to either side of the highways in order not to turn highways into streets and affect highway operational safety and unimpeded traffic.

  Article 19 The State encourages the use of special-purpose highways for public transport of society. The special-purpose highways when used mainly for public transport of society, the competent unit of the specialpurpose highways or the sides concerned shall submit applications and the special-purpose highway can be reclassified as provincial highway, county highway or village highway with the consent of the competent unit of the special-purpose highway and the approval of the department of communications of the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government.

  Chapter III Highway Construction

  Article 20 Departments of communications of the People's Governments above the county level should, pursuant to their duties and responsibilities,maintain order in highway construction and enhance supervision and administration in highway construction.

  Article 21 Raising funds for highway construction may ask for loan from domestic and foreign financial organizations according to law, besides financial allocations from people's governments at various level including funds for specified item of highway construction by raise through in accordance with law collecting taxes turned to as allocations.

  The State encourages investment by domestic and foreign economic organizations in highway construction. Highway development and operating companies may raise funds by issuing stocks and company bonds in accordance with the provisions of laws and regulations.

  Revenue accrued from transfer of highway toll collection right in accordance with the provisions of this Law must be used for highway construction.

  Raising funds from enterprises and individuals for highway construction must be based on requirements and possibilities, the principle of voluntarism must be adhered to and there shall be no forcible apportionment, and must be in line with the relevant provisions of the State Council.

  Funds for highway construction may also be raised in other ways which are in line with the provisions of law or the State Council.

  Article 22 Highway construction should proceed in accordance with the procedures of capital construction prescribed by the State and the relevant provisions.

  Article 23 Highway construction projects should, pursuant to the relevant provisions of the State, practise corporate responsibility system,tender and bidding system and engineering supervision system.

  Article 24 Highway construction units should, in accordance with the characteristics and technical requirements of highway construction projects, select survey and design unit, construction unit and engineering supervision unit with corresponding qualifications, and pursuant to the provisions of relevant laws, rules and regulations and requirements of highway engineering technical standards, sign separate contracts clearly defining the rights and obligations of both sides.

  Feasibility study units, survey and design units, construction units and engineering supervision units undertaking highway construction projects must hold certifications of qualifications and quality prescribed by the State.

  Article 25 Construction of highway construction projects must be submitted to departments of communications of People's Governments above the county level for approval in accordance with the provisions of the department of communications under the State Council.

  Article 26 Highway construction must conform to highway engineering technical standards.

  Design units, construction units

and engineering supervision units undertaking highway construction projects should, pursuant to the relevant provisions of the State, establish sound quality assurance system, practise job responsibility system and carry out design, construction and supervision in accordance with the relevant laws, rules and regulations as well as the requirements of highway engineering technical standards and agreement in the contracts to ensure the quality of highway engineering.

  Article 27 Land use for highway construction shall be processed pursuant to the provisions of the relevant laws and regulations.

  Highway construction should implement the principle of earnestly protecting cultivated land and economy in land use.

  Article 28 For requirements to use the state-owned barren mountains,wasteland or requirements to dig sand, quarry and collect soil on the state-owned barren mountains, wasteland, flood land and beach for highway construction, when the formalities are completed pursuant to the provisions of the relevant laws and regulations, no unit or individual shall obstruct or illegally collect fees.

  Article 29 Local People's Governments at all levels should render support and assistance in highway construction land use and shifting of inhabitants according to law.

  Article 30 Design and construction of highway construction projects should comply with the requirements for the protection of the environment,protection of cultural relics and ancient sites and prevention of soil and water loss in accordance with law.

  Highway construction projects in highway planning implementing national defense requirements should carry out construction in strict accordance with the plans to ensure the communications requirements of national defense.

  Article 31 When highway construction affects the normal use of railways, water conservancy projects, electric and postal and telecommunications facilities, the highway construction unit should seek the consent of the departments concerned in advance; when highway construction causes damage to the facilities concerned, the highway construction unit should repair and restore the same in accordance with the technical standards not lower than the original technical standards of the facilities, or give corresponding financial compensation.

  Article 32 Construction units should install clear construction signs and safety signs at either end of the construction sector of the road when engaged in highway reconstruction. Signs should be installed at the diversion entrance when vehicles are required to divert; temporary road must be built to ensure the passage of vehicles and pedestrians when impossible to divert.

  Article 33 Acceptance checks should be carried out in accordance with the relevant provisions of the State upon completion of highway construction projects and highway repair and restoration projects; those projects without going through acceptance checks or those failing to pass acceptance checks must not be handed over for use.

  Clear signs should be installed and lines marked on completed highways in accordance with the provisions of the department of communications under the State Council.

  Article 34 Local People's Governments above the county level should determine the land for highway use no less than one meter from the outer fringe of the side trenchs(water trenches, slope-protection path at the foot of slope, the same hereinafter) on either side of the highway.

  Chapter IV Highway Maintenance

  Article 35 Agencies of highway administration should conduct highway maintenance in accord

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