Regulations of Guizhou Province on Highway Management

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the provisions of the Highway Law of People's Republic of China (PRC) and relevant laws and regulations, and in combination with the actual situation of this province, in order to strengthen road administration, protect roads from damage, destruction and occupation, and ensure the integrity, safety and smoothness of roads. Article 2 These Regulations shall apply to road administration and national, provincial, county and township roads within the administrative area of this province. Except road administration, which is under the jurisdiction of high-grade highway management organizations. Article 3 The term "road administration" as mentioned in these Regulations refers to the administrative management implemented by the transportation authorities and their highway management agencies in accordance with the provisions of laws and regulations to protect highways, land used for highways and ancillary facilities for highways and maintain highway order. Article 4 Road administration shall follow the principle of unified leadership and hierarchical management.

The transportation department of the provincial people's government is in charge of road administration.

Provincial highway management agencies and their vertically managed state, city, state and county highway management agencies exercise highway management responsibilities for highways under their jurisdiction.

The transportation departments at the state, city, prefecture and county levels and their subordinate highway management agencies shall exercise the duties of road administration on the highways under their jurisdiction. Fifth public security, land and resources, construction, forestry, industry and commerce and other relevant departments shall, according to their respective functions and duties, assist in road administration. Article 6 People's governments at all levels, transportation departments and highway management organizations shall commend or reward units and individuals that have made outstanding contributions in the work of loving and protecting roads. Chapter II Supervision and Administration Article 7 The main responsibilities of the transportation departments and their highway management agencies in implementing road administration are:

(a) to publicize and implement the laws and regulations on road administration, and to supervise and inspect the implementation;

(two) the implementation of road patrol, highway management and protection, highway land and highway ancillary facilities, in violation of road management behavior, according to the law to check, stop and impose penalties;

(3) Managing the building control areas on both sides of the highway according to law;

(four) to examine and approve the construction of buildings or other facilities that cross (cross) highways from underground, ground and air within the prescribed scope of authority;

(five) to examine and approve the special occupation, excavation and over-limit transportation of highways within the prescribed scope of authority, and supervise and inspect the implementation;

Maintain the normal order of highway maintenance and construction operations;

(seven) other duties as prescribed by laws and regulations. Article 8 Highway law enforcement officers shall, when performing official duties, hold traffic administrative law enforcement certificates uniformly issued by the provincial people's government or the traffic administrative department of the State Council to show law enforcement. Article 9 Special vehicles for highway supervision and inspection shall be equipped with unified signs and warning lights (devices) different from those of public security departments. Tenth road law enforcement officers in the performance of official duties, shall not have the following acts:

(1) Setting fees and fines without authorization, and changing the scope and standards of fees and fines;

(2) Failing to issue a valid and complete bill of charges and fines;

(3) Refusing to provide reasonable services;

④ Compulsory provision of paid services;

(five) making things difficult, threatening, abusing or beating the management counterpart;

Handling of detaining vehicles and licenses in violation of the provisions of these regulations;

(seven) engaged in activities that do not belong to the scope of duties;

(8) Other illegal acts. Eleventh any unit or individual has the right to report and accuse the illegal acts of highway law enforcement personnel. The department that accepts complaints and reports shall promptly investigate and handle them. Chapter III Management of Highways, Land for Highways and Highway Ancillary Facilities Article 12 Land for Highways refers to areas where the outer edges of ditches (intercepting ditches and toe berms, the same below) on both sides of highways are not less than 1 m..

When building a new highway, land for highway and land for highway ancillary facilities shall be requisitioned at the same time; If it is necessary to requisition land for rebuilding or expanding highways, the procedures for land use shall be handled. Thirteenth highways, highways and their ancillary facilities shall be reported to the people's governments at or above the county level for approval by the transportation departments or highway management agencies in accordance with the provisions of relevant laws and regulations. After the completion of the project, the land change registration shall be handled according to law, boundary markers shall be buried and the land use right shall be confirmed.

The ownership of highways, land for highways and land for highway ancillary facilities that have not been confirmed shall be confirmed by the people's governments at or above the county level. Fourteenth new construction, renovation and expansion of highway engineering acceptance, the construction unit shall hand over the relevant information of highway land and highway ancillary facilities to the highway management agencies. Article 15 After a highway is rerouted or rebuilt, the original highway shall be handled in accordance with the following provisions:

(a) in the construction control area on both sides of the expressway, continue to manage according to the planning and construction land of the expressway;

(two) highway management agencies need to be used for other purposes, should apply to the land administrative departments for land use change procedures;

(three) the highway management agencies are no longer used, and after the approval of the transportation department, they shall be recovered by the land administrative departments according to law. Article 16 No unit or individual may occupy or dig highways or land for highways without authorization. Seventeenth it is forbidden to engage in the following activities within the scope of highways and highway land:

(a) fair trade, set up stalls, set up shacks, garages, parking lots, car wash water stations (spots), gas stations, etc. ;

(two) fertilization, kiln burning, blank making, burning, digging ditches to divert water, planting crops, threshing and threshing. ;

(three) the discharge of sewage and dirt, dumping garbage, waste soil and stacked items;

(four) stacking materials or loading and unloading operations on highway ferries and approach roads;

(five) filling, destroying the highway drainage system, using highway bridges and culverts, ditches to build dikes to store water and set gates;

(six) other acts of occupation, damage and pollution of highways and highway land.