Full text of Changjiang Li Autonomous County Rural Highway Regulations 2019

Chapter 1 General Provisions

Article 1 In order to strengthen the planning, construction, maintenance and management of rural roads, improve rural transportation conditions in this autonomous county, and promote rural economic and social development, according to the " These regulations are formulated in accordance with the provisions of the Highway Law of the People's Republic of China, the State Council's Highway Safety Protection Regulations, the Hainan Province Highway Regulations and other relevant laws and regulations, combined with the actual conditions of this autonomous county.

Article 2 These Regulations shall apply to the planning, construction, maintenance and management of rural roads within the administrative area of ??this autonomous county.

Article 3 The rural roads referred to in these regulations refer to county roads, township roads, and village roads that have been approved by the people's government at or above the county level and constructed in accordance with the national highway engineering technical standards.

Article 4 The development of rural roads should follow the principles of government leadership, participation of all parties, overall planning, rational layout, land conservation, cultivated land protection, and equal emphasis on construction, management and maintenance.

Article 5 The people's government of the autonomous county shall incorporate the planning, construction, maintenance and management of rural roads into the national economic and social development plan of the autonomous county, and allocate the funds required by the government and its relevant departments for highway management and maintenance And the funds required by highway management agencies to perform highway administrative functions shall be included in the financial budget of the people's government at the same level.

The people's government of the autonomous county is the main body responsible for the planning, construction, maintenance and management of rural roads within its administrative region, and should organize and coordinate relevant departments to do a good job in rural road work.

Article 6 The transportation department of the autonomous county people’s government is in charge of rural highway work within the county’s administrative region. Its main responsibilities are:

(1) Organize and implement the planning of rural highways in the region , construction, maintenance and management work;

(2) Promote and implement relevant laws, regulations and provisions;

(3) Work with the township people’s government to prepare the annual report of township and village roads The plan for the use of funds for construction and maintenance management shall be submitted to the autonomous county people's government for approval before implementation;

(4) Organize and coordinate the autonomous county road management agencies and township people's governments to protect rural roads and their facilities, inspect, inspect and maintain them quality, and implement maintenance and management tasks;

(5) Responsible for technical training and guidance in the process of rural road construction, maintenance and management;

(6) Guide and assist township people's governments in the preparation of Planning for the construction of township and village roads, and arranging funds for rural road construction and maintenance;

(7) Guiding and coordinating the construction, maintenance and management of roads between towns and villages;

(8) Supervision Guide the autonomous county highway management agencies to implement rural highway administration;

(9) Other responsibilities determined by the autonomous county people's government.

Article 7 Autonomous county highway management agencies shall exercise management and maintenance responsibilities over county roads, and implement road administration management over county roads, township roads, and village roads.

Article 8 The relevant departments of the autonomous county people’s government such as development and reform, finance, construction, planning, land, geology and mineral resources, environmental protection, forestry, agriculture, water affairs, public security, civil affairs, poverty alleviation, and ethnic and religious affairs shall in accordance with their respective Responsibilities, do a good job in various tasks related to rural roads.

Article 9 The township people’s government is responsible for the daily work of planning, construction, and maintenance of township and village roads within its jurisdiction, and assists the highway management agency affiliated with the transportation department to implement road administration management of township and village roads within its jurisdiction. .

Article 10 The village committee shall assist the county, township and town people’s governments and relevant departments in the construction, maintenance and management of village roads.

Article 11 Rural roads in autonomous counties are protected by law. No unit or individual may destroy, damage or illegally occupy rural roads, highway land and highway ancillary facilities, and has the right to report the destruction, damage or illegal occupation of rural roads, highway land and highway ancillary facilities. Behaviors that occupy rural roads, highway land and highway ancillary facilities and affect rural highway safety.

Article 12 The People's Government of the autonomous county shall commend and reward units and individuals that have made outstanding achievements in the construction, maintenance and management of rural roads.

Chapter 2 Rural Highway Planning and Construction

Article 13 The preparation of rural highway planning shall follow the principles of facilitating the production and life of the people and conducive to protecting the agricultural ecological environment, and shall be consistent with urban and rural planning and land use overall planning, coordinated with village and town planning, and in line with the requirements for protecting the ecological environment, water conservancy facilities, water and soil conservation, ethnic and folk culture, and cultural relics and historic sites.

Article 14 The county road planning shall be prepared by the transportation department of the autonomous county people's government in conjunction with the relevant departments of the people's government at the same level in accordance with the overall rural highway plan formulated by the country and the province. After approval by the autonomous county people's government, Report to the Provincial People's Government for approval.

The planning of township and village roads shall be prepared by the transportation department of the autonomous county people’s government with the assistance of the township people’s government, and submitted to the autonomous county people’s government for approval and reported to the transportation department of the provincial people’s government for filing.

If the approved rural highway plan needs to be revised, the original formulation agency shall propose a revision plan and submit it to the original approving agency for approval.

Article 15 Rural roads shall make full use of existing roads for reconstruction or expansion. County roads shall not be lower than the third-level technical standard of highways, rural roads shall not be lower than the fourth-level technical standard of highways, and the construction standards of village roads shall be It should be determined based on actual needs and economic conditions.

When constructing, reconstructing, or expanding rural roads or village roads, road ancillary facilities should be installed in accordance with national standards.

Article 16 The people's government of an autonomous county shall raise funds for rural road construction to be used for the construction, reconstruction and expansion of rural roads in the autonomous county. The sources of funds are:

(1) Higher-level financial departments Allocated rural road construction funds;

(2) Rural road construction funds arranged by the fiscal budget of the autonomous county people's government;

(3) Donations from social organizations and individuals for rural road construction funds;

(4) Various other funds raised in accordance with the law.

Special funds for rural road construction shall be earmarked and shall not be used for other purposes.

The transportation department of the autonomous county people's government shall coordinate and prepare a fund use plan based on the rural highway construction plan and submit it to the autonomous county people's government for approval and implementation. The approved project fund use plan shall be disclosed to the public.

The use of rural road construction funds shall be subject to audit and inspection by the audit and finance departments.

Article 17 Rural highway construction shall follow the principles of protecting ecology, protecting cultivated land, and saving land, and the land use approval procedures shall be handled in accordance with relevant laws and regulations.

Compensation for land acquisition, demolition, young crops and other ground attachments involved in the preceding paragraph shall be handled in accordance with relevant regulations of the state, province and autonomous county.

Article 18 Rural highway construction projects shall implement the legal person responsibility system, bidding system and project supervision system in accordance with relevant national regulations.

Article 19 Rural highway construction units shall, based on the characteristics of the highway construction project and in accordance with relevant laws, regulations and highway engineering technology requirements, sign contracts with design, construction and other units to clarify the rights and interests of both parties. obligation. The construction unit shall hold the qualification certificate specified by the state.

Article 20 Rural highway construction projects must submit technical grade specification declarations to the transportation department of the autonomous county people’s government, and construction can only be carried out after approval in accordance with the law.

If rural road construction projects require nearby mining of gravel and soil, the procedures must be followed in accordance with relevant national and provincial regulations.

Article 21 No unit or individual may illegally obstruct or interfere with the construction, reconstruction and expansion of rural highway projects in accordance with plans and laws.

Article 22 The transportation department of the people's government of the autonomous county shall strengthen supervision of the quality of rural highway construction projects. Representatives from all walks of life can be invited to form a supervision group to carry out supervision and inspection of the quality of rural highway construction projects, and to correct problems in a timely manner to ensure project quality.

Rural highway construction projects should establish a project quality accountability system and a safety production responsibility system. Asphalt (cement) concrete pavement projects, bridges above the middle bridge, and tunnel projects should set a quality defect liability period of at least one year, and a quality deposit of 5% of the construction contract value.

Rural highway construction sites should set up notice boards indicating the main project quality control measures and accept social supervision.

Article 23 After the completion of a rural highway construction project, an acceptance inspection shall be organized in accordance with relevant national regulations. Products that have not been inspected or failed to pass the inspection shall not be delivered for use.

Chapter 3 Rural Road Maintenance

Article 24 The people's government of the autonomous county shall strengthen the maintenance of rural roads, establish a maintenance mechanism, implement target management, and ensure that roadbeds and slopes It is stable, the road surface and structures are intact, and the drainage is smooth, ensuring that the highway is in good technical condition.

Article 25 The transportation department of the autonomous county people’s government or the township people’s government may, based on the needs of protecting township roads and village roads, set necessary height and width limits at the entrances and exits of township roads and village roads. facilities, but shall not affect emergency access needs such as fire protection and health first aid, and shall not charge passing vehicles.

Article 26 Rural road maintenance shall be carried out through a combination of professional maintenance and mass maintenance.

The maintenance of county roads shall be carried out by the autonomous county people's government as a whole and allocate funds for professional maintenance.

Township roads and village roads are maintained by the people's governments of the towns and villages where they are located through mass maintenance organizations, individual section contracting and other models.

The people's governments of autonomous counties and township people's governments should raise rural road maintenance funds, the sources of which include:

(1) Rural road maintenance subsidy funds allocated by superior financial departments;

(2) Maintenance funds allocated by the fiscal budget of the autonomous county people's government;

(3) Rural road maintenance funds donated by social organizations and individuals.

Article 27 If a rural road is damaged due to natural disasters or other reasons, the autonomous county highway management agency and the township people's government shall promptly organize emergency repairs or take measures to eliminate the danger. If rural roads are seriously damaged, they should be reported immediately to the autonomous county people's government. The people's government of the autonomous county should take measures when necessary to mobilize units along the line and local people to participate in emergency repairs and restore traffic as soon as possible.

Article 28 Rural highway greening shall be planned and implemented uniformly by the autonomous county people's government in accordance with the principles of stabilizing roadbeds, protecting slopes, ensuring safety, and beautifying the environment.

No unit or individual may cut down green trees within the scope of rural highway land without authorization. If it is necessary to renew the felling, it must be approved by the transportation department of the Autonomous County People's Government and then reported to the forestry department of the Autonomous County People's Government for approval.

For trees on both sides of the road that affect the safety of wires and cables along rural roads, the wire and cable management agency may prune branches in accordance with the prescribed safety standards. If it is really necessary to cut down trees, it shall seek advice from the transportation director of the autonomous county people’s government. After the department agrees, it shall be submitted to the forestry department of the autonomous county people's government for approval.

Chapter 4 Rural Highway Administration

Article 29 The following behaviors are prohibited within the scope of rural highways and highway land:

(1) Building sheds Houses, stalls, maintenance sites and other facilities;

(2) Stacking building materials and other accumulations;

(3) Mining, soil extraction, kiln burning, billet making, Planting crops and other operations that obstruct traffic;

(4) Blocking highway ditches, using road water for irrigation, draining water onto the road, or burning straw on the road;

(5) ) Occupy the road and dump garbage;

(6) Other behaviors that damage or pollute the road surface and affect the smooth flow of rural roads.

Article 30: When digging rocks, cutting down trees and carrying out other construction operations on both sides of rural roads, units and individuals engaged in construction operations shall take necessary protective measures in advance and shall not endanger the safety of rural roads and ancillary facilities. .

Article 31 It is prohibited to excavate sand and gravel, mine, blast, extract soil, extract underground water or conduct other activities that endanger highway safety within 200 meters of rural highway bridges.

Article 32 No unit or individual may occupy or dig rural roads without authorization. Any unit or individual may not damage, smear, dismantle or relocate the various road signs set up on rural roads.

If it is necessary to occupy or excavate a highway or use a highway to reroute a construction project, the construction unit shall obtain the consent of the autonomous county highway management agency in advance and repair it according to no less than the original technical standards of the section of highway. , rebuild or provide corresponding economic compensation.

Building bridges and aqueducts across highways, erecting buried pipelines, cables, and erecting placards across highways must comply with the requirements of rural highway engineering technical standards, and obtain the consent of the autonomous county highway management agency in advance. For traffic safety, the consent of the traffic management department of the public security organ must be obtained.

Article 33 Except for highway protection and maintenance needs, it is prohibited to build permanent buildings and structures in the construction control areas on both sides of rural roads. If pipelines, cables and other facilities need to be buried in the highway construction control area, they must be approved by the autonomous county highway management agency in advance. The scope of the rural highway construction control area, from the outer edge of the highway land outwards, is as follows: county roads are not less than ten meters, and township roads and village roads are not less than five meters.

Article 34 Vehicles driving on rural roads must comply with national standards regarding length, height, width and load limits.

Those who carry over-limit items that cannot be disassembled must obtain approval from the autonomous county highway management agency, and take effective protective measures as required; they must drive in accordance with the designated time, route, and speed, and hang obvious signs .

It is prohibited to transport over the limit on bridges whose technical condition is lower than Category III.

Article 35 prohibits the illegal setting of road card tolls on rural roads.

Chapter 5 Legal Responsibilities

Article 36 If quality violations occur in rural highway construction, the regulations shall be followed in accordance with the "Construction Project Quality Management Regulations", "Highway Construction Market Management Measures", The "Regulations on Quality Supervision of Highway Projects" and other relevant regulations impose penalties on relevant responsible units and responsible persons.

Article 37 Anyone who violates Article 21 of these Regulations and illegally obstructs the construction of rural roads shall be punished by the autonomous county public security organ in accordance with the relevant provisions of the "Public Security Administration Punishment Law of the People's Republic of China" Give punishment.

Article 38 Anyone who violates the provisions of Article 28 of these Regulations and cuts down trees on both sides of the highway without authorization shall, in accordance with the relevant provisions of the Forestry Law of the People's Republic of China, be investigated by the Forestry Department of the Autonomous County People's Government. Competent authorities impose penalties.

Article 39 Anyone who violates the provisions of Article 29 of these Regulations shall be ordered by the autonomous county highway management agency to stop the illegal behavior and restore it to its original state within a time limit; compensation for the losses caused shall be punished by a fine of not less than 500 yuan and 20 yuan. A fine of less than 1,000 yuan.

Article 40 Anyone who commits one of the following illegal acts shall be ordered by the autonomous county highway management agency to stop the illegal act and restore it to its original state within a time limit; compensation for the losses caused shall be punished by a fine of not less than 3,000 yuan but not more than 30,000 yuan. fine.

(1) Violating the provisions of Article 30 of these Regulations and failing to take necessary protective measures, endangering the safety of rural roads and ancillary facilities;

(2) Violating Article 3 of these Regulations Article 11 stipulates that activities that endanger highway safety are carried out within 200 meters of rural highway bridges;

(3) Violating the provisions of Article 32 of these regulations, occupying and excavating rural roads without authorization, damaging Highway signs, daubing, removing or relocating highway signs without authorization.

Article 41 Anyone who violates the provisions of Article 33 of these Regulations and builds permanent buildings or structures within the highway construction control area shall be ordered to dismantle them within a time limit by the autonomous county highway management agency, and may be punished A fine of not less than 5,000 yuan but not more than 50,000 yuan is imposed. If it is not demolished within the time limit, it will be demolished by the autonomous county highway management agency, and the relevant costs will be borne by the illegal perpetrator.

Article 42 If a vehicle violates the provisions of Article 34 of these Regulations and drives beyond the limit on rural roads without authorization, the autonomous county highway management agency shall order it to stop the illegal act and impose a fine of not less than 500 yuan and 500 yuan. A fine of not more than 1,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than 5,000 yuan but not more than 30,000 yuan shall be imposed. Those who cause damage to rural roads shall be compensated in accordance with the law.

Article 43 Anyone who violates the provisions of Article 35 of these Regulations shall be ordered by the autonomous county highway management agency to stop the illegal act, the illegal income shall be confiscated, and a fine of not more than three times of the illegal income may be imposed; if there is no illegal income , a fine of not less than RMB 3,000 but not more than RMB 20,000 shall be imposed.

Article 44 If any state functionary in an autonomous county violates the provisions of these Regulations, neglects his duties, engages in malpractice for personal gain, or abuses his power, which does not constitute a crime, he shall be punished in accordance with the law.

Article 45 If a violation of these Regulations constitutes a crime, the judicial authorities shall investigate criminal liability in accordance with the law.

Article 46: These Regulations do not set penalties for violations of these Regulations, but if there are penalties stipulated in relevant laws, they shall be punished in accordance with those provisions.

Chapter 6 Supplementary Provisions

Article 47 The autonomous county people’s government is responsible for the interpretation of specific application issues of these regulations.

Article 48 These Regulations shall come into effect on the date of promulgation.