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

ance with the technical specifications and operational procedures prescribed by the department of communications under the State Council to ensure the highways are constantly in a good technical state.

　　Article 36 State adopts the measure of collecting taxes to raise funds for maintenance of hi

ghway according to law. The specific measure of implementation and its steps shall be stipulated by State Council.

　　In accordance with law funds raised by collecting taxes for highway maintenance must be used for specific item of maintaining and reconstructing highway.

　　Article 37 People's Governments at the county level and the village level should render support and assistance in sand digging, quarrying, soil collection and water collection required for highway maintenance.

　　Article 38 People's Governments at the county level and the village level should, within the scope of rural obligatory labor and in accordance with the relevant provisions of the State, organize rural inhabitants on either side of highways in fulfilling the obligations of providing services for highway construction and maintenance.

　　Article 39 To ensure the personal safety of highway maintenance personnel, highway maintenance personnel should wear uniforms eith safety signs on them when engaging in maintenance operations; visible operations signs should be installed on highway operations vehicles when employing vehicles in maintenance operations.

　　Under the prerequisite of not adversely affecting the passage of passing vehicles, highway maintenance vehicles in operation shall be subjected to the restrictions of highway road signs and the marked lines in their route and direction of driving; passing vehicles should pay attention to avoid or yield to highway maintenance vehicles and personnel.

　　When construction of highway maintenance project affects the passage of vehicles and pedestrians, construction units should handle the matter in accordance with the provisions of Article 32 of this Law.

　　Article 40 Agencies of highway administration should repair and restore in time the state highways and the provincial highways the traffic of which is suspended due to serious natural disasters; when agencies of highway administration find it difficult to repair and restore them in time, local People's Governments above the county level should organize the organs,societies, enterprises, institutions and rural and township inhabitants of the locality in time in emergency repair, and may request local army units for support to resume the traffic as quickly as possible.

　　Article 41 Agencies of highway administration shall be responsible for the soil and water conservation of the slopes and wasteland within the range of land for highway use.

　　Article 42 Planting of trees along highways shall be organized and carried out by agencies of highway administration in accordance with highway engineering technical standards.

　　Trees on land for highway use must not be felled at will; for those trees which need to be felled for renewal, formalities for examination and approval in accordance with the provisions of the (Forestry Law of the People's Republic of China) should be completed upon the consent of the department of communications of the local People's Government above the county level and the task of supplementary planting for renewal fulfilled.

　　Chapter V Highway Administration

　　Article 43 Local People's Governments at all levels should take measures to step up highway protection.

　　Departments of communications of local People's Governments above the county level should conscientiously perform their duties and responsibilities,conduct the work of highway protection successfully according to law and strive to adopt scientific management methods and advanced technical means to improve highway management level, gradually perfect highway services facilities and ensure that highways are in perfect condition, safe and unimpeded in traffic.

　　Article 44 No unit or individual shall occupy and dig highways without authorization.

　　For necessities to occupy, dig highways or reroute highways because of construction of railways, airports, power stations,

telecommunications facilities, water conservancy projects and other construction projects,the construction units should obtain the consent of the departments of communications concerned in advance; for those affecting communications safety, consent has also to be obtained from the public security organs concerned. For occupation, digging of highways or rerouting of highways,the construction units should repair, restore, reconstruct the sector of the highway according to the technical standards not lower than the original technical standards or give corresponding financial compensation.

　　Article 45 Construction of bridges or aqueducts or erection and laying of wires or pipes and other facilities over or across highways, as well as erection or laying of wires or pipes and cables and other facilities should obtain the consent of the department of communications concerned in advance,and for those affecting communications safety, consent has also to be obtained from the public security organ concerned; the facilities to be constructed, erected or laid should comply with the requirements of highway engineering technical standards. For those causing damage to highways, compensation should be given according to the extent of the damage.

　　Article 46 No unit or individual shall set up stalls or sales points,pile up goods, dump garbage, put up obstacles, dig trenches to draw water or use the side trenches of highways to drain sewage or engage in other activities damaging, polluting highways and affecting unimpeded traffic of highways.

　　Article 47 No sand digging, quarrying, soil collection, waste dumping,nor explosion operations and other activities endangering the safety of highways, highway bridges, highway tunnels and highway ferries shall be conducted within the range of 200 meters around big- and medium-size highway bridges and ferries, within the range of 100 meters above highway tunnels and from tunnel entrances as well as within a certain distance within either side of highways.

　　For construction of dykes and dams, shrinkage or expansion of river beds necessitated by rushing to deal with an emergency or flood prevention within the range of the preceding paragraph, submission of report should be made in advance to the departments of communications of People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government for approval in conjunction with the departments of water administration, and effective measures taken to protect the security of the highways, highway bridges, highway tunnels and highway ferries in question.

　　Article 48 Except for agricultural machinery which need to drive for a short distance on highways for local field operations, no iron-wheel vehicles, tracked vehicles and other machinery which may damage highway surface shall drive on highways. Those vehicles which have the actual requirements to be driven on highways, approval has to be obtained from department of communications of local People's Government above the county level, effective protective measures taken and they are driven at the time and on the route designated by public security organs. Those causing damage to highways should pay compensation according to the extent of damage.

　　Article 49 The axle-load quality of vehicles running on highways should conform to the requirements of highway engineering technical standards.

　　Article 50 Vehicles exceeding the standards of restrictions in weight,height, width and length for highways, highway bridges, highway tunnels or motor vehicle ferries must not run on highways, highway bridges or in highway tunnels with restricted standards, and must not use motor vehicle ferries. The vehicles exceeding the standards of restrictions for highways or highway bridges which actually need to run thereon must be submitted to the approval of departments of communications of local People's Governments above the c

ounty level, and effective protective measures taken in accordance with requirements; those affecting traffic safety should also be subjected to the approval of public security organs at the same level; vehicles transporting and carrying indisintegrated articles exceeding the restrictions should run at the time, speed limit per hour and on the route designated, and hoist visible signs.

　　Departments of communications shall help the transportation units unable to take protective measures in accordance with the provisions of the preceding paragraph to take protective measures, and necessary expenses shall be borne by the transportation units.

　　Article 51 Motor vehicle manufacturing plants and other units must not use highways as vehicle testing sites for testing and measuring the braking performance of motor vehicles.

　　Article 52 No unit or individual shall damage, shift without authorization and alter the ancillary facilities of highways.

　　The ancillary facilities of highways in the preceding paragraph refer to facilities and equipment of highway protection, drainage, maintenance, administration, services, traffic safety, ferrying, monitoring, telecommunications and toll collection installed for highway protection and maintenance and ensuring highway safety and unimpeded traffic as well as special-purpose constructions and structures.

　　Article 53 Those responsible for causing damage to highways should report in time to agencies of highway administration and accept the on-thespot inv

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