中华人民共和国公路法(二)
2009-03-24 法律英语 来源:互联网 作者: ℃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 county 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 in disintegrated 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-the spot investigation 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 inland 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 prohibited.
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 tranfer or 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 r
ight 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 the 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
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