Regulations Governing Management of Highways in the PRC
Regulations Governing Management of Highways in the PRC
Regulations Governing Management of Highways in the PRC
October 13, 1987
CHAPTER I GENERAL PRINCIPLES
Article 1 These regulations are formulated with a view to strengthening highway construction and management, making the best use of highways in the national economy and defence, as well as in the people's everyday lives, and coping with the needs of socialist modernisation.
Article 2 These regulations apply to national trunk highway (hereafter called national highway for short) provincial, autonomous regional, and municipal highway (hereafter called provincial highway), county (hereafter called county road ), and township highway (hereafter called township road ) in People's Republic of China These regulations shall apply to accommodation highways where applicable.
Article 3 The Ministry of Communications of the PRC is the institution in charge of the nation-wide highway undertaking.
Article 4 Highways shall be managed under unified leadership and at different levels.
National and provincial highway shall be built, maintained and managed by provincial, autonomous regional, and municipal departments in charge of highways.
Trans-provincial, autonomous regional and municipal motorways of the national highway shall be built, maintained and managed by special organisations approved by the Ministry of Communications.
County road shall be built, maintained and managed by county (city) departments in charge of highways.
Township road shall be built, maintained and managed by township (town) people's governments.
Accommodation highway shall be built, maintained and managed by the organisations using the highways.
Article 5 No units or individuals are allowed to occupy or damage highways, land used for highways and highway facilities, which shall be protected by state laws.
CHAPTER II HIGHWAY CONSTRUCTION
Article 6 Highway construction plans shall be based on the needs of the national economy and defence as well as the people's everyday lives, and co-ordinated with plans for railway, waterway, airway and pipeline construction and with urban planning.
Article 7 Plans for building national highway shall be formulated by the Ministry of Communications and submitted to the State Council for examination and approval.
Plans for building provincial highway shall be formulated by the provincial, autonomous regional and municipal departments in charge of highways, submitted to the provincial, autonomous regional and municipal people's governments for examination and approval, and reported to the Ministry of Communications for the record.
Construction plans for county road shall be worked out by prefectural- level city organisations in charge of highways (or equivalent organisations ) and submitted to the provincial, autonomous regional and municipal people's governments or their agencies, for examination and approval.
Construction plans for township road shall be worked out by county departments in charge of highways, and submitted to the county people's governments for examination and approval.
Plans for building accommodation highways are to be formulated by organisations which shall use the highways, submitted to higher authorities for examination and approval, and reported to local departments in charge of highways for the record.
Article 8 The state encourages accommodation highways to be used for community transportation, accommodation highways used for community transportation, with the approval of provincial, autonomous regional and municipal departments in charge of highways, may be reclassified as provincial highways or county roads.
Article 9 Highway construction funds are to be raised through the following channels: investment by the state or local governments, units which shall use the highways, Sino-foreign joint ventures, community funds, loans, surcharges on vehicle purchase, and part of road maintenance fees.
Highways may also be constructed by civilian workers, community funds raised by society with government subsidies, and pay workers in a disaster area as a form of relief to them.
Article 10 Departments in charge of highways may levy tools on vehicles that use motorways, first and second-grade highways, and large highway bridges, tunnels and ferry piers, which are built with loans or funds raised by the departments, in order to repay the loans or funds.
Rules imposing tolls shall be worked out by the Ministry of Communications with the agreement of the Ministry of Finance and the State Administration of Commodity Prices.
Article 11 Land used for highway construction shall be dealt with in accordance with the "Land utilisation law of the PRC".
Article 12 Land approved for building new highways, expanding original highway subgrade and adding new highway facilities in accordance with a highway construction plan shall be incorporated into the general plan on land utilisation by the local people's government.
Article 13 Highway construction units shall obtain prior approval from relevant departments when the construction affects the normal operations of railway, pipeline, water conservancy, electric power, and postal and telecommunications facilities.
Article 14 Highway departments are responsible for the quality supervision and inspection of highway construction projects.
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