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Regulations of Kunming Municipality on the Administration of Urban Rail Transit

(2011August 3 1 5th meeting of the Standing Committee of the 13th Kunming Municipal People's Congress; 2011approved at the 26th meeting of the Standing Committee of the 11th Yunnan Provincial People's Congress on September 30th)

Announcement of the Standing Committee of the 13th Kunming Municipal People's Congress

fourth

The Regulations on the Administration of Urban Rail Transit in Kunming was deliberated and adopted at the 5th meeting of the Standing Committee of the 13th Kunming Municipal People's Congress on August 3rd, 2006, and approved at the 26th meeting of the Standing Committee of the 11th Yunnan Provincial People's Congress on September 30th, 2006. It is hereby promulgated and shall come into force as of 2011121.

Kunming Municipal People's Congress Standing Committee

20 1 1 year1October 28th

Chapter I General Provisions

Article 1 In order to promote the construction of urban rail transit, strengthen the management of urban rail transit, ensure the safety of urban rail transit and safeguard the legitimate rights and interests of passengers, these Regulations are formulated in accordance with relevant laws and regulations and in light of the actual situation of this Municipality.

Article 2 The term "urban rail transit" as mentioned in these Regulations refers to urban rail public passenger transport systems such as subways, light rails and trams.

Urban rail transit facilities include subgrade, track, tunnel, bridge, station, passage, ventilation pavilion, cooling tower, vehicles, electromechanical equipment and depot, control center, power supply system, communication signal system, fire protection system, water supply and drainage system and its ancillary facilities.

Article 3 These Regulations shall apply to the construction, investment, operation, comprehensive development, facilities and equipment protection and related management activities of urban rail transit within the administrative area of this Municipality.

Article 4 Urban rail transit belongs to public utilities and follows the principles of government leading, policy support, overall planning, priority development, centralized management, safety, convenience and standardized operation.

Article 5 The municipal traffic administrative department is the competent department of urban rail transit industry. The urban rail transit management institutions established in this Municipality shall carry out daily management in accordance with the authority prescribed in these Regulations.

Municipal development and reform, state-owned assets, planning, housing construction, finance, land, environmental protection, safety supervision, public security, urban management, health and other relevant administrative departments shall, according to their respective functions and duties, do a good job in the supervision and management of urban rail transit.

Article 6 The urban rail transit construction and operation unit determined by the Municipal People's Government shall be responsible for the investment, construction, operation and management of urban rail transit in this Municipality.

Chapter II Construction and Investment Management

Article 7 The municipal transportation administrative department shall organize the planning, land, housing and construction departments to prepare the urban rail transit planning of this Municipality. Urban rail transit planning should conform to the national economic and social development planning, be incorporated into the overall urban and rural planning, and be linked with the overall land use planning.

Urban rail transit planning includes urban rail transit network planning, urban rail transit construction planning, detailed urban rail transit network planning and supporting facilities planning.

The preparation of urban rail transit planning should listen to the opinions of the people's governments of relevant counties (cities, districts) and all sectors of society, coordinate the transfer and connection between different lines and other modes of transportation, and set up stations in accordance with the principles of scientific rationality, high density, high efficiency and convenience.

Article 8 The survey, design, construction, supervision and other activities of urban rail transit construction projects shall be undertaken by units with corresponding qualification grades, and the relevant laws, regulations and technical standards stipulated by the state, provinces and municipalities shall be observed.

Article 9 The Municipal People's Government shall include the land for urban rail transit and its supporting facilities in the scope of land requisition (use) for urban rail transit construction.

The municipal land administrative department is responsible for coordinating and handling the examination and approval procedures for urban rail transit construction land; The relevant county (city, district) people's government is responsible for the land acquisition (use) of urban rail transit construction land.

Tenth urban rail transit construction uses underground and above-ground space, and the owners and users of adjacent buildings and land shall provide necessary convenience for the construction of urban rail transit.

The use of underground space in urban rail transit construction is not affected by the ownership of land use right above it.

Urban rail transit construction should take safety precautions to prevent and reduce the impact on existing buildings (structures) and other facilities to ensure their safety. If actual damage is caused to existing buildings (structures) and other facilities, the urban rail transit construction business unit or construction unit shall bear legal responsibility.

Eleventh urban rail transit underground space construction land use rights to implement a hierarchical registration system.

The right to use underground space developed by urban rail transit underground space construction projects and their affiliated construction projects can be transferred to urban rail transit construction and operation units by agreement.

Twelfth urban rail transit corridors, entrances and exits, ventilation kiosks and cooling towers and other supporting facilities need to be combined with the surrounding property construction, by the urban rail transit construction and business units and the surrounding property owners, the right to use the consultation to determine.

Urban rail transit construction and business units have the right to operate channels, entrances and exits combined with urban rail transit supporting facilities.

Thirteenth urban rail transit construction and business units have the right to operate land development, advertising and comprehensive development of space resources within the scope of urban rail transit land determined by urban planning. The income from comprehensive development should be used for the construction and operation of urban rail transit.

Article 14 The Municipal People's Government shall set up special funds for the construction and development of urban rail transit to ensure the construction and operation of urban rail transit.

Chapter III Management of Protected Areas

Fifteenth the city set up urban rail transit control protection zones and special protection zones. Urban rail transit construction and business units shall set up boundary markers in accordance with the approval of the municipal planning administrative department, and no unit or individual may damage or move them without authorization.

Article 16 The scope of urban rail transit control protection zones is as follows:

(a) within 50 meters of the outer edge of the underground station and tunnel structure;

(two) within 30 meters of the outer edge of the ground station and ground line, elevated station and elevated line structure;

(3) Buildings (structures) such as entrances and exits, ventilation pavilions, cooling towers, main substations, elevators for the disabled, etc. are located outside the line and within10m of the base land.

Article 17 The scope of special protection zones set up in urban rail transit control protection zones is as follows:

(a) within 5 meters of the outside of the underground station and tunnel structure;

(two) the ground station and ground line, elevated station and elevated line structure within 3 meters outside;

(three) entrances, ventilation pavilions, cooling towers, main substations, elevators for the disabled and other buildings (structures) are located outside the line and within 5 meters of the base land.

Eighteenth due to geological conditions or other special circumstances need to expand the scope of urban rail transit control protection zones and special protection zones, by the urban rail transit construction and operation units put forward a plan, the municipal planning administrative department for examination and approval, reported to the Municipal People's government for approval and promulgation.

Nineteenth in the urban rail transit control and protection zone to carry out the following activities, the operating unit shall formulate a safety protection plan, and go through the approval procedures with the relevant administrative departments according to law. When the relevant administrative departments implement the administrative license according to laws and regulations, they shall solicit the opinions of the urban rail transit construction and operation units in writing, and the urban rail transit construction and operation units shall give a written reply within the time limit prescribed by the relevant administrative departments:

(a) new construction, renovation (expansion) and demolition of buildings (structures);

(2) Drilling, earth borrowing, foundation pit excavation, blasting, pile foundation construction, jacking, grouting, anchor rod and anchor cable operation;

(three) building ponds, digging canals, quarrying and dredging, and drilling wells to get water;

(4) Overhead operations such as laying pipelines or erecting crossing lines;

(5) Dredging operations in tunnel sections crossing lakes and rivers;

(six) activities that significantly affect or endanger the safety of urban rail transit facilities, such as large-scale load increase or decrease;

(seven) the need to move, dismantle or relocate urban rail transit facilities;

(eight) other operations that may endanger urban rail transit.

Those who carry out the activities listed in the preceding paragraph in the controlled protected areas shall accept the safety monitoring of urban rail transit construction and operation units. May affect the safety of urban rail transit facilities, the municipal administrative department of transportation shall organize the demonstration.

Twentieth in the urban rail transit special protection zone, no construction activities. However, municipal, garden, sanitation, transportation and seismic fortification projects are rebuilt (expanded) to build existing buildings, except for handling licensing procedures according to law.

Twenty-first urban rail transit construction and operation units can enter the construction site of the operation units in the urban rail transit control and protection zone, and find that the construction activities endanger or may endanger the safety of urban rail transit facilities, they should be discouraged and report to the relevant administrative departments in time.

The relevant administrative departments shall verify the situation reported by the construction and operation units of urban rail transit, and shall order the operation units to take safety precautions if it is verified that it may endanger the safety of urban rail transit; To endanger the safety of urban rail transit, it shall be ordered to stop operation and require the operating units to take corresponding measures.

5 Chapter IV Operation Management

Twenty-second after the completion of the urban rail transit project, the urban rail transit construction and operation units shall organize preliminary acceptance; If the preliminary acceptance is qualified, it shall be reported to the municipal transportation administrative department for approval, and the trial operation shall be carried out without passengers, and the trial operation period shall not be less than 3 months.

The urban rail transit project has passed the trial operation, and the urban rail transit construction and operation unit shall apply for the special acceptance of planning, fire protection, seismic fortification, power supply, special equipment, engineering archives, building energy conservation, environmental protection facilities and operation equipment and facilities according to law, and the trial operation can only be carried out after being approved by the Municipal People's Government and announced to the public by the municipal transportation administrative department. The trial operation period shall not be less than 65,438+.

Twenty-third after the expiration of the trial operation of urban rail transit, the urban rail transit construction and business units shall, in accordance with the relevant provisions of the state, apply to the municipal transportation administrative department to organize relevant departments to carry out the completion acceptance, and report to the relevant departments for the record; Only after passing the inspection can it be put into formal operation.

After the completion and acceptance of the urban rail transit project, the urban rail transit construction and operation unit shall submit the urban rail transit cable and pipeline files to the municipal planning administrative department and other relevant institutions in a timely manner. The municipal planning administrative department shall establish the archives management system of urban rail transit cables and pipelines that can be enjoyed by * * *, and put forward the requirements for protecting the construction of urban rail transit cables when implementing administrative licensing for related projects.

Twenty-fourth municipal transportation administrative departments shall formulate urban rail transit operation service standards. Urban rail transit construction and operation units shall provide safe, convenient and efficient passenger service to protect the legitimate rights and interests of passengers.

Twenty-fifth urban rail transit construction and business units shall establish and improve the safety operation management system, implement the responsibility for safety production, and ensure the safe, orderly and standardized operation of urban rail transit.

Electric power, water supply, drainage and communication units shall ensure the needs of urban rail transit construction and operation.

Twenty-sixth urban rail transit construction and business units shall, in accordance with the relevant standards and norms, uniformly set up various kinds of guiding signs such as safety, fire fighting and evacuation, and keep the passages, entrances and exits unblocked.

Urban rail transit construction and business units shall set up guiding signs in the surrounding properties jointly built with entrances and exits, and the owners and users of the surrounding properties shall cooperate.

Urban rail transit construction and business units shall publish train operation information tips and transfer instructions at conspicuous locations such as stations.

Twenty-seventh urban rail transit construction and business units in accordance with national, provincial and municipal health standards, the establishment of urban rail transit public health management system, to ensure the cleanliness of public places such as stations and carriages.

Urban rail transit construction and operation units shall, in accordance with relevant environmental protection standards, take anti-noise and anti-vibration measures to reduce the impact of train operation on the surrounding environment.

Article 28 The construction and business units of urban rail transit shall educate and train the employees in production safety, regularly assess the employees who are engaged in important positions such as driving and dispatching of urban rail transit, and take up their posts with certificates after passing the examination.

Twenty-ninth urban rail transit fares are subject to government pricing.

Thirtieth passengers on urban rail transit shall abide by the passenger code of urban rail transit. The passenger code shall be formulated and promulgated by the municipal traffic administrative department.

Thirty-first prohibit the following acts that affect the operation order of urban rail transit:

(1) Interception of trains and blocking urban rail transit;

(two) unauthorized access to the track, tunnel or other areas with warning signs;

(three) climbing, crossing or pushing fences, railings, gates, locomotives, safety doors, screen doors, etc. ;

(4) getting on or off the bus by force;

(five) carrying inflammable, explosive, toxic, radioactive, corrosive, infectious and other dangerous goods into the urban rail transit facilities;

(six) illegally carrying prohibited items such as guns, ammunition and control devices into urban rail transit facilities;

(seven) fighting at the station or on the train;

(eight) other acts that affect the operation order of urban rail transit.

Urban rail transit construction and business units shall express the list of prohibited articles issued by the public security department at the station, carry out transportation safety inspection on the articles carried by passengers, and order passengers who refuse to accept transportation safety inspection or carry dangerous and prohibited articles to leave the station; Forcibly entering the station or disturbing the order of the transportation safety inspection site shall be handled by the public security department according to law.

Thirty-second prohibit the following acts that affect the appearance and environmental sanitation of urban rail transit public places:

(1) parking vehicles, piling up sundries, setting up stalls, selling and distributing printed materials in trains, platforms, station halls, passages, entrances and exits or other urban rail transit facilities without authorization;

(2) Smoking, begging, performing arts, urinating, spitting, chewing gum, littering and other wastes in trains, platforms, station halls, passages, entrances and exits or other urban rail transit facilities;

(3) Writing, portraying, posting or hanging articles on trains, platforms, station halls, passages, entrances and exits or other urban rail transit facilities without authorization;

(4) Carrying livestock and poultry, pets, etc. Entering the station without authorization;

(five) other acts that affect the appearance and environmental sanitation of public places in urban rail transit.

Thirty-third urban rail transit construction and operation units have the right to refuse people who are unaccompanied or unable to control their own behavior and are not suitable for taking urban rail transit.

Thirty-fourth filming of film and television works within the scope of urban rail transit facilities shall be approved by the urban rail transit construction and operation unit, and shall not affect the normal and safe operation order of urban rail transit.

Thirty-fifth urban rail transit management institutions and urban rail transit construction and business units shall establish a complaint acceptance system, and reply or deal with it within 3 working days from the date of accepting the complaint to protect the legitimate rights and interests of passengers.

Passengers who have objections to the reply or the handling results may complain to the municipal administrative department of transportation. The municipal traffic administrative department shall give a reply or handle it within 5 working days from the date of accepting the passenger complaint.

6 Chapter V Safety and Emergency Management

Thirty-sixth urban rail transit construction and business units shall, in accordance with the relevant laws and regulations, in accordance with the requirements of safety management technical standards and norms, establish a safety production early warning and emergency coordination mechanism, and implement the system of accident prevention, reporting and handling.

Article 37 Urban rail transit construction and operation units shall bear the main responsibility of urban rail transit operation safety production according to law, set up safety production management institutions, equip full-time safety production management personnel, ensure the investment of safety production funds, conduct regular safety production inspections on urban rail transit facilities and equipment, timely discover and eliminate potential safety hazards, and ensure the safe operation of urban rail transit.

Thirty-eighth urban rail transit construction and business units shall, in accordance with the relevant national standards, set up fire fighting, flood control, protection, alarm and rescue equipment and equipment in urban rail transit stations, carriages and other facilities, and regularly check, maintain and update them to keep them intact and effective.

Thirty-ninth urban rail transit construction and business units should take technical protection and monitoring measures along the urban rail transit, regularly check and evaluate the safety of urban rail transit facilities, and find and eliminate hidden dangers in time.

Fortieth urban rail transit construction and business units shall, within the scope of urban rail transit operation, perform the responsibility of maintaining urban rail transit security according to law, conduct regular public security inspections, and publicize the requirements for safe riding to passengers. Stop acts that endanger public safety and disrupt the operation order of urban rail transit, and promptly report to the public security department for handling according to law.

Article 41 The following acts endangering the safety of urban rail transit are prohibited:

(a) unauthorized access to urban rail transit control center, cab and other places;

(2) Operating buttons and switch devices with warning signs without authorization, and using emergency or safety devices in non-emergency situations;

(three) unauthorized movement, cover fire warning signs, evacuation signs, measuring facilities and safety protection equipment;

(4) Discarding articles on driving facilities and throwing articles at urban rail transit trains, locomotives, maintenance engineering vehicles and other facilities;

(5) Laying sidewalks in grade crossing and grade crossing on the ground track of urban rail transit without authorization;

(six) damage to urban rail transit facilities;

(seven) anchoring, towing and other activities in the waters of the urban rail transit tunnel control protection zone;

(eight) building buildings (structures) or planting trees that hinder traffic observation on both sides of urban rail transit ground lines or overhead lines;

(nine) deliberately interfere with the special communication frequency of urban rail transit;

(ten) other acts endangering the safety of urban rail transit.

Forty-second municipal transportation administrative departments shall, jointly with relevant departments and units, formulate emergency plans for urban rail transit operation in this Municipality, which shall be implemented after being approved by the Municipal People's Government.

Traffic, safety supervision, fire protection, health and other relevant administrative departments and electric power, communication, water supply, drainage, public transportation and other units shall implement emergency rescue and emergency support in accordance with the provisions of the emergency plan.

Urban rail transit construction and operation units shall formulate specific emergency plans for operational emergencies and organize drills.

Forty-third when there is a fault in the operation of urban rail transit, the construction and operation units of urban rail transit shall take measures to eliminate the fault in time and resume operation. After taking measures, it is still temporarily unable to resume operation. Urban rail transit construction and operation units shall timely organize the evacuation and transfer of passengers, report to the municipal transportation administrative department and publish relevant information to the society.

Forty-fourth due to holidays, large-scale activities and other reasons caused by the increase in passenger traffic, urban rail transit construction and business units should increase the capacity in a timely manner.

In the case that the passenger flow of urban rail transit increases substantially, which may endanger the operation safety, the urban rail transit construction and operation unit shall take temporary measures such as restricting passenger flow.

Article 45 In case of personal injury or death in the operation of urban rail transit, it shall be handled in accordance with the principle of first rescuing the injured, timely troubleshooting and resuming normal operation before handling the accident, and report to the relevant administrative departments in a timely manner in accordance with relevant state regulations; The relevant administrative departments, urban rail transit management institutions and urban rail transit construction and business units shall cooperate with relevant departments to conduct on-site investigation and inspection in a timely manner, and identify and handle accidents according to law.

Forty-sixth urban rail transit operation caused damage to others, urban rail transit construction and operation units shall be liable for compensation according to law; However, if it can be proved that the damage was caused by the victim's intention or force majeure, it will not be liable; If the victim is at fault for the occurrence of the damage, his responsibility can be reduced. Where there are other provisions in the law, those provisions shall prevail.

7 Chapter VI Legal Liability

Article 47 Whoever, in violation of the provisions of Article 15 of these regulations, damages or moves the boundary marker signs of urban rail transit without authorization shall be ordered by the municipal transportation administrative department to make corrections within a time limit, and a fine of more than 65,438 yuan/kloc-0.000 yuan but less than 500 yuan shall be imposed.

Article 48 If, in violation of the provisions of Article 19 and Article 21 of these regulations, the construction unit operating in the urban rail transit control protection zone and special protection zone fails to formulate the safety protection scheme, or fails to carry out the construction according to the safety protection scheme, or refuses the urban rail transit construction and operation unit to enter the construction site for inspection, the municipal transportation administrative department shall give it a warning and order it to make corrections within a time limit. If it refuses to make corrections, it may temporarily detain the construction equipment of the operation unit and impose a fine ranging from 6.5438 million yuan to 30,000 yuan. If losses or safety accidents are caused, legal responsibilities shall be investigated according to law.

Forty-ninth in violation of the provisions of this Ordinance, one of the following acts, the municipal administrative department of transportation shall order it to make corrections, and may impose a fine of 1000 yuan to 30000 yuan, and the relevant responsible persons shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) in violation of the provisions of article twenty-second, without the approval of the municipal administrative department of transportation, the trial operation, the trial operation, the trial operation period is shortened, or the passenger is carried in the trial operation;

(two) in violation of the provisions of article twenty-fifth, the operation management system and the implementation of the responsibility system for production safety have not been established;

(three) in violation of the provisions of article twenty-sixth, did not set up all kinds of guide signs, did not keep the channels, entrances and exits unblocked, and did not publish train operation information and transfer tips in prominent positions such as stations;

(four) in violation of the provisions of article thirty-fifth, the complaint acceptance system has not been established or the passenger complaints have not been handled according to law;

(five) in violation of the provisions of article thirty-eighth, not in accordance with the relevant national standards for flood control, protection, alarm, rescue and other equipment and equipment, not regular inspection, maintenance and update, not in good condition and effective;

(six) in violation of the provisions of article thirty-ninth, not to take technical protection and monitoring measures along the urban rail transit, and not to regularly carry out relevant assessment, safety inspection and evaluation;

(seven) in violation of the provisions of Article 43 and Article 44 of this Ordinance, failing to timely troubleshoot, resume operation or take corresponding temporary measures such as evacuation, transfer and passenger flow restriction, failing to timely announce the failure information of urban rail transit facilities to the public and report to the municipal administrative department of transportation.

Fiftieth in violation of the provisions of the first paragraph of Article 31 and Article 41 of these regulations, the urban rail transit construction and operation units have the right to discourage acts that damage urban rail transit facilities, disrupt the operation order of urban rail transit or endanger the safety of urban rail transit. If it constitutes a violation of public security administration, it shall be punished by the public security department according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fifty-first in violation of the provisions of article thirty-second, the urban rail transit management agency shall order it to make corrections, and impose a warning or a fine according to the seriousness of the case:

(a) in the train, platform, station hall, passage, entrance or other urban rail transit facilities without parking vehicles, piling up debris, setting up stalls, selling and distributing printed matter, punishable by a fine of more than 50 yuan and less than 200 yuan;

(II) Smoking, begging, performing arts, urinating, spitting, chewing gum, littering and other wastes in trains, platforms, station halls, passages, entrances and exits or other urban rail transit facilities shall be fined from 50 yuan to 65,438 yuan;

(3) Whoever writes, portrays, posts or hangs articles on trains, platforms, station halls, passages, entrances and exits or other urban rail transit facilities without authorization shall be fined between 1000 yuan and 5,000 yuan;

(four) carrying livestock, poultry and pets into the station without authorization, and imposing a fine of more than 50 yuan 100 yuan.

Fifty-second the relevant administrative departments, urban rail transit management agencies and their staff dereliction of duty, abuse of power, corruption, shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 53 These Regulations shall come into force as of 2011121.