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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:
estigation of the agencies of highway administration.

  Article 54 No unit or individual shall, without the approval of the department of communications of People's Governments above the county level,install any other signs other than highway signs within the range of land for highway use.

  Article 55 Establishment of additional surface crossing points on highways must be subjected to approval in accordance with the relevant provisions of the State and constructed in accordance with the technical standards prescribed by the State.

  Article 56 Except for those required for highway protection and maintenance, construction of buildings and surface structuress within the construction control areas on either side of highways is forbidden; where such facilities of laying of pipes, wires and cables are necessary within the construction control areas, approval of the department of communications of local People's Government above the county level should be obtained in advance.

  The range of construction control areas prescribed in the preceding paragraph shall be demarcated by local People's Governments above the county level according to the principle of ensuring highway operational safety and economy in land use and in accordance with the provisions of the State Council.

  Upon demarcation of the range of the construction control areas by local People's Governments above the county level pursuant to the provisions of the preceding paragraph, the departments of communications of local People's Governments above the county level shall install sign markers and boundary markers. No unit or individual shall damage and move the sign markers and boundary markers without authorization.

  Article 57 Except for the provisions of the second paragraph of Article 47 of this Law, the duties and responsibilities performed by departments of communications prescribed in this Chapter can be performed by agencies of highway administration pursuant to the provisions of the fourth paragraph of Article 8 of this Law.

  Chapter VI Toll Highways

  Article 58 The State permits building of toll highways according to law,and in the meantime exercises control over the number of toll highways.

  Except for the highways prescribed in Article 59 of this Law which may collect tolls for vehicle passage, collection of tolls for vehicle passage by any highway shall be prohi

bited.

  Article 59 The following highways which comply with the technical grades and scales prescribed by the department of communications under the State Council may collect tolls for vehicle passage in accordance with law:

  (1)highways built by departments of communications of local People's Governments above the county level by utilizing loans or funds raised from enterprises and individuals;

  (2)highways of the preceding section of which domestic and foreign economic organizations are the tranferees of the toll collection right of toll highways in accordance with law; and

  (3)highways built with investment by domestic and foreign economic organizations in accordance with law.

  Article 60 The time period of toll collection of toll highways built by the departments of communications of local People's Governments above the county level with loans or raised funds shall be determined by the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principle of paying back the loans and raised funds with collected tolls pursuant to the provisions of the department of communications under the State Council.

  Highways the toll collection right of which has been transferred with compensation, the transferees shall collect the tolls and operate the highways upon transfer of the toll collection right. The time period for the transfer of toll collection right shall be agreed upon by the tranferor and transferee and submitted to the examination and approval organ of transfer of toll collection right for examination and approval; however,the longest time period must not exceed the duration of years prescribed by the State Council.

  Construction of highways with investment by domestic and foreign economic organizations must go through formalities of examination and approval in accordance with the relevant provisions of the State; upon completion of the highways, the investors shall collect tolls and operate them. The time period of toll collection and operations shall be agreed upon by the departments of communications and the investors according to the principle of recouping the capital outlay and reasonable economic return and complete formalities of examination and approval in accordance with the relevant provisions of the State; however, the longest time period must not exceed the duration of years prescribed by the State Council.

  Article 61 The transfer of the toll collection right of the state highway sector of the highways prescribed in Section 1 of the first paragraph of Article 59 of this Law must be subjected to the approval of the department of communications under the State Council; transfer of toll collection right of highways other than state highways must be subjected to the approval of the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government, and submitted to the department of communications under the State Council for the record.

  The minimum knock-down price of the transfer of the toll collection right of highways prescribed in the preceding paragraph shall be determined on the basis of the value evaluated by the state-owned assets evaluation agencies.

  Article 62 Domestic and foreign economic organizations accepting the transfer of toll collection right and investing in the construction of highways should establish enterprises of highway development and operations(hereinafter referred to as highway operations enterprises) in accordance with law.

  Article 63 Toll collection units shall put forward proposals for rates for vehicle passage of toll highways which shall be submitted to the departments of communications of the People's Governments of the provinces,autonomous regions and municipalities directly under the Central Government for examination and approval in conjunction with t

he departyments of price administration at the same level.

  Article 64 Establishment of toll stations for the collection of vehicle passage toll on toll highways should be submitted to the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government for examination and approval. Establishment of toll stations for the collection of vehicle passage toll on cross-province,cross-autonomous region and cross-municipality directly under the Central Government highways shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government concerned through consultation; it shall be decided upon by the department of communications under the State Council in case of failure in consultation. Establishment of toll stations on the same toll highway built by different departments of communications or operated by different highway operations enterprises should follow the principle of "unified toll collection and percentage sharing", overall planning and rational establishment.

  Distance between two toll stations must not be shorter than the standards prescribed by the department of communications under the State Council.

  Article 65 On expiration of the duration agreed upon in the contract on the transfer of toll collection right, the toll collection right of the highways the toll collection right of which has been transferred with compensation shall be withdrawn by the transferors.

  Toll highways built with investment and operated by domestic and foreign economic organizations in accordance with the provisions of this Law shall be taken back by the State without compensation on expiration of the duration of operations agreed upon and managed by the departments of communications concerned.

  Article 66 The maintenance work of the highways the transfer of the toll collection right of which has been accepted or built with investment and operated by domestic and foreign economic organizations pursuant to the provisions of Article 59 of this Law shall be the responsibility of the said respective highway operations enterprises. The said respective highway operations enterprises should, in accordance with the technical standards and operations procedures prescribed by the department of communications under the State Council carry out effective highway maintenance during the period of operations. The highways should be in a good technical condition on the expiration of the duration of the transfer of toll collection right or the expiration of the duration of operations.

  Tree-planting along the highways and soil and water conservation within the range of land for highways prescribed in the preceding paragraph shall be the responsibility of the said respective highway operations enterprises.

  Provisions of Chapter V of this Law apply to highway administration of the highways prescribed in the first paragraph. The duties and responsibilities of highway administration of the said highways shall be performed by the departments of communications of local People's Governments above the county level or the representative organs and personnel of agencies of highway administration.

  Article 67 For engagement in activities on toll highways listed in the second paragraph of Article 44, and Articles 45, 48 and 50 of this Law,in addition to

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