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

the provisions of the respective Articles, corresponding compensation should be given for losses caused by the highway operations enterprises to the highways.

　　Article 68 Specific control measures for toll highways shall be worked out by the State Council pursuant to this Law.

　　Chapter VII Supervision and Inspection

　　Article 69 Departments of communications and agencies of highway administration conduct supervision and inspection on the enforcement of laws and regulations related to highways in accordance with law.

　　Article

70 Departments of communications and agencies of highway administration which bear the responsibility of highway administration and protection have the power to inspect and stop the acts of infringing and damaging highways, land for highway use and the ancillary facilities of highways as well as other acts in contravention of the provisions of this Law.

　　Article 71 No unit or individual shall obstruct when highway supervisorinspectors conduct supervision and inspection on highways, in construction control areas, vehicle parking sites and vehicle ownership units according to law.

　　Highway operators, users and other concerned units and individuals should accept the supervision and inspection conducted by highway supervisorinspectors according to law and provide facilities for them.

　　Highway supervisor-inspectors should wear badges and identification tags while performing official duties.

　　Article 72 Departments of communications and agencies of highway administration should step up the administration and education of the highway supervisor-inspectors under them, require that the highway supervisorinspectors be conversant with the relevant laws and provisions of the State,be just, clean and honest, enthusiastic in services, fair in law enforcement,should step up supervision and inspection on the acts of law enforcement by highway supervisor-inspectors, and correct in time their law-breaking acts and deal with them in accordance with law.

　　Article 73 Uniform signs and warning lights should be installed on special-purpose vehicles for highway supervision and inspection.

　　Chapter VIII Legal Responsibility

　　Article 74 Whoever set up posts and collect tolls on highways without authorization in violation of law or the relevant provisions of the State Council, the departments of communications shall direct them to stop the law-breaking acts, confisticate the illegal income and may impose a fine under RMB 20 000 Yuan; administrative penalties shall be meted out to persons-in-charge directly responsible and other personnel directly responsible in accordance with law.

　　Article 75 Whoever carry out construction on their own without the approval of the departments of communications concerned in violation of the provisions of Article 25 of this Law, the departments of communications may direct them to stop the construction and may impose a fine under RMB 50 000 Yuan.

　　Article 76 Whoever has committed any of the following illegal acts, the department of communications shall direct him/her to stop the illegal acts,and may impose a fine under RMB 30 000 Yuan:

　　(1)occupying and digging highway without authorization in violation of the first Paragraph of Article 44 of this Law;

　　(2)construction of bridges, aqueducts or erection of wires and laying of pipes and cables without approval or not in accordance with the requirements of the highway engineering technical standards in violation of the provisions of Article 45 of this Law;

　　(3)engagement in operations endangering highway safety in violation of the provisions of Article 47 of this Law;

　　(4)Iron-wheel vehicles, tracked vehicles and other machineries which might damage the road surface running on highways without authorization in violation of the provisions of Article 48 of this Law;

　　(5)vehicles using motor vehicle ferries exceeding the restrictions or running on highways exceeding the restrictions in violation of the provisions of Article 50 of this Law; and

　　(6)damaging, shifting and altering of highway ancillary facilities or damaging and shifting of sign markers and boundary markers within construction control areas which might endanger highway safety in violation of the provisions of Articles 52 and 56 of this Law.

　　Article 77 Whoever causes damage to the road surface of highways,pollution or affects unimpeded traffic on highways in violation of t

he provisions of Article 46 of this Law; or whoever uses highways as vehicle testing sites in violation of the provisions of Article 51 of this Law,the department of communications shall direct him/her to stop the illegal acts, and may impose a fine under RMB 5000 Yuan.

　　Article 78 Whoever causes damage to highways and fails to report the same in violation of the provisions of Article 53 of this Law, the department of communications shall impose a fine under RMB 1000 Yuan.

　　Article 79 Whoever installs signs other than highway signs within the range of land for highway use in violation of the provisions of Article 54 of this Law, the department of communications shall direct him/her to dismantle the same within the specified period and may impose a fine under RMB 20 000 Yuan; failure to dismantle the same on expiry of the specified period, the dismantling shall be carried out by the department of communications and the expenses involved shall be borne by the installer.

　　Article 80 Whoever establishes additional surface crossing points on highways without approval in violation of the provisions of Article 55 of this Law, the department of communications shall direct him/her to restore the original state, and impose a fine under RMB 50 000 Yuan.

　　Article 81 Whoever constructs buildings and surface structures or lays pipes, wires and cables in highway construction control areas without authorization in violation of the provisions of Article 56 of this Law,the department of communications shall direct him/her to dismantle the same within the specified time period, and may impose a fine under RMB 50 000 Yuan.The department of communications shall dismantle those which have not been dismantled on expiry of the specified time period, and the expenses involved shall be borne by the or builder or constructor.

　　Article 82 Except for the provisions of Articles 74 and 75 of this Law,the administrative penalty power to be exercised and administrative measures to be taken by the department of communications as prescribed in this Chapter may be exercised by agencies of highway administration pursuant to the provisions of the fourth Paragraph of Article 8 of this Law.

　　Article 83 Obstruction of highway construction or highway emergency repair resulting in impossibility to carry on normal highway construction or emergency repair yet without causing serious damage, penalty pursuant to the provisions of Article 19 of the Penalties for Violation of Public Security Regulations.

　　For damage and destruction of highways or shifting of highway signs without authorization which might affect traffic safety but not serious enough to warrant criminal penalties, penalties shall be meted out pursuant to the provisions of Article 20 of the Penalties for Violation of Public Security Regulations.

　　For rejection and obstruction of performance of duties by highway supervisor-inspectors according to law without using methods of violence and threat, penalties shall be meted out pursuant to the provisions of Article 19 of the Penalties for Violation of Public Security Regulations.

　　Article 84 Whoever commits violations of the relevant provisions of this Law which constitute a criminal offence shall be investigated of his/her criminal responsibilities.

　　Article 85 Whoever causes damage to highways in violation of the relevant provisions of this Law should bear civil responsibilities in accordance with law.

　　Vehicles causing great damage to highways must stop forthwith, the scene of the accident should be kept intact, a report should be made to the agency of highway administration and the said vehicle can only leave upon investigation and handling by the agency of highway administration.

　　Article 86 Functionaries of the departments of communications and agencies of highway administration whose negligence of duty, malpractices for selfish ends and abuse of power

constitute a criminal offence shall be investigated of their criminal responsibilities; those whose acts do not constitute a criminal offence shall be given administrative sanctions according to law.

　　Chapter IX Supplementary Provision

　　Article 87 This Law shall come into force as of January 1, 1998.

　　APPENDIX:RELEVANT ARTICLES OF PENALTIES FOR VIOLATION OF PUBLIC SECURITY REGULATIONS

　　Article 19 Whoever commits any of following acts in disrupting public order but not serious enough to be administered criminal penalties shall be detained for less than 15 days, imposed a fine below RMB 200 Yuan or given a warning:

　　(1)Disrupting order in organs, societies, enterprises and institutions resulting in impossibility to carry on normal production, business, medical treatment, teaching and scientific research without causing serious losses;

　　……

　　(7)Refusing and obstructing functionaries of the State in performing duties according to law without using violence and method of threat.

　　Article 20 Whoever commits any of the following acts in jeopardizing public security shall be detained for less than 15 days, imposed a fine below RMB 200 Yuan or given a warning.

　　……

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