Gansu Provincial Highway Regulations issued
Gansu Provincial Highway Regulations
(adopted at the sixth meeting of the Standing Committee of the fourteenth Gansu Provincial People’s Congress on November 28, 2023)
catalogue
Chapter I General Provisions
Chapter II Highway Planning
Chapter III Highway Construction
Chapter IV Highway Maintenance
Chapter V Highway Utilization and Management
Chapter VI Toll Roads
Chapter VII Guarantee and Supervision
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 In order to strengthen the construction, protection and management of highways, ensure the integrity, safety and smoothness of highways, improve the service level of highways, and promote the high-quality development of highways, these Regulations are formulated in accordance with the Highway Law of People’s Republic of China (PRC), the Regulations on Highway Safety Protection of the State Council and other laws and administrative regulations, combined with the actual situation of this province.
Article 2 These Regulations shall apply to the planning, construction, maintenance, utilization, operation, management and related activities of highways within the administrative area of this province.
Where laws and administrative regulations have already provided for the planning, construction, maintenance, utilization, operation and management of highways, such provisions shall prevail.
Article 3 Highways mentioned in these Regulations include highway bridges, highway tunnels and highway ferries.
According to their position in the road network, highways are divided into national highways, provincial highways, county roads, township roads and village roads, and according to their technical levels, they are divided into expressways, first-class highways, second-class highways, third-class highways and fourth-class highways.
The definition of the scope of rural roads and the construction and management of special roads shall be implemented in accordance with laws, regulations and relevant state regulations.
Article 4 Highway development should adhere to the people-centered development idea, follow the principles of overall planning, rational layout, quality assurance, convenience and smoothness, environmental protection, openness and integration, and equal emphasis on construction and maintenance, strengthen highway safety protection and fully improve highway utilization efficiency.
Article 5 The people’s governments at or above the county level shall strengthen the organization and leadership of highway work, incorporate highway development into national economic and social development planning, land space planning and comprehensive three-dimensional transportation network planning, promote the integrated and balanced development of urban and rural highway transportation, strengthen the deep integration of highway and economic and social development, coordinate and solve major problems in highway development, and coordinate funds to support highway planning, construction, maintenance, utilization and management according to the division of powers.
The township (town) people’s government is responsible for the construction and maintenance of township roads and village roads within their respective administrative areas. Village (neighborhood) committees shall, under the guidance of township (town) people’s governments, assist in the management of village roads.
Sixth provincial people’s government departments in charge of transportation in charge of the province’s highway work. The transportation departments of the people’s governments of cities (states) and counties (cities, districts) are in charge of highway work within their respective administrative areas.
The departments of development and reform, industry and informatization, public security, finance, natural resources, ecological environment, housing and urban and rural construction, agriculture and rural areas, forestry and grassland, water conservancy, market supervision and management, and emergency management of the people’s governments at or above the county level shall do a good job in highway-related work within their respective functions and duties.
Article 7 The people’s governments at or above the county level and their transportation, development and reform departments should strengthen the convergence and integration of highways and other modes of transportation, promote the interconnection of transportation facilities in the region, enhance their ability to support economic development and guarantee the lives of urban and rural residents, improve the quality of diversified services and the level of linkage and integration, and realize mutual linkage, resource sharing and coordinated development among regions.
Article 8 People’s governments at or above the county level and their transportation and other relevant departments shall encourage social capital to participate in highway construction, maintenance, utilization and management activities according to law through market-oriented methods, and jointly promote technological innovation in highway construction, maintenance and management. Support the research and development, popularization and application of new materials, new technologies, new processes and new products, and promote the digitalization, intelligent construction and upgrading of highway infrastructure.
Chapter II Highway Planning
Article 9 Highway planning should be compiled according to the needs of national economic and social development and national defense construction in the administrative region, pay attention to the improvement of highway network and the improvement of highway grades, standards and service levels, conform to the national land space planning and the national highway master plan, and coordinate with other relevant special plans such as transportation development planning.
Provincial road planning should be coordinated with national road planning, county road planning should be coordinated with provincial road planning, township road planning should be coordinated with county road planning, and village road planning should be coordinated with township road planning to ensure the full function of road network.
New construction, reconstruction and expansion of highway projects shall conform to highway planning. Construction projects determined by highway planning shall be organized and implemented in a planned way.
Tenth national, provincial, county and township road planning, approval and filing, in accordance with laws and regulations and the relevant provisions of the state. Village road planning shall be compiled by the township (town) people’s government under the guidance of the transportation department of the county (city, district) people’s government, approved by the county (city, district) people’s government and reported to the transportation department of the city (state) people’s government for the record.
Eleventh highway construction land planning should conform to the national spatial planning, the construction land should be included in the annual construction land plan, and the use should be controlled according to law.
Article 12 Where the preparation of plans for cities, villages and towns or the examination and approval of land for construction involves the area adjacent to the outer edge of the boundary of the highway construction control area, the opinions of the transportation authorities shall be sought, and the control distance between buildings, ground structures and highways shall be indicated according to law.
Planning and construction of railway, water conservancy and other projects and various pipeline facilities, which really need to cross or parallel with highways or their facilities, shall solicit the opinions of the competent department of transportation, and meet the technical standards, safety standards and other requirements of highway engineering.
When the normal use of railway, water conservancy and other projects and various pipeline facilities is affected by highway construction, the highway construction unit shall obtain the consent of the relevant departments in advance and take safety protection measures to avoid affecting the operation safety.
Chapter III Highway Construction
Thirteenth highway construction should strictly implement the basic construction procedures and land management, bidding, project quality supervision, product quality, safety in production, ecological environment protection, circular economy development, cultural relics protection and other relevant laws and regulations.
The transportation departments of the people’s governments at or above the county level shall maintain the order of highway construction, establish and improve the supervision and management system of highway construction quality and safety, and strengthen the all-round supervision and management of highway construction quality and safety.
Article 14 The transportation departments of the people’s governments at or above the county level and their affiliated institutions may entrust professional institutions to provide technical services for the supervision and management of highway construction in accordance with the provisions by means of government purchasing services.
Fifteenth highway construction project declaration, project feasibility study, preliminary design, construction drawing design review, approval and construction permit in accordance with the relevant provisions of the state and the province.
Rural roads with technical grade III and IV can be directly designed for construction drawing. The preliminary design and construction drawing design of rural highway construction projects with complex technology can be submitted to the competent department of transportation at the next higher level for approval.
Sixteenth highway construction and maintenance funds should be raised through multiple channels and ways, and strengthen management, earmarking. Finance, auditing, transportation and other relevant departments should strengthen the supervision and management of highway construction and maintenance funds.
Seventeenth people’s governments at all levels should establish a fund-raising mechanism for rural highway construction, maintenance and management, with government investment as the main part, supplemented by multi-channel financing, and encouraging all sectors of society to participate in accordance with the law.
The people’s governments at or above the county level shall, in accordance with the relevant provisions, make overall arrangements for funds to support the construction and maintenance of rural roads.
Eighteenth new construction, renovation and expansion of national and provincial roads shall conform to the technical standards prescribed by the state; County roads and township roads shall be built in accordance with the technical standards of not less than Grade III highways, but if the road sections of township roads cannot meet the technical standards of Grade III highways due to limited topographic and geological conditions, they may be built in accordance with the technical standards of not less than Grade IV highways; Village roads should be built in accordance with the technical standards of not less than Grade IV highways. The original highway that does not meet the minimum technical grade requirements shall take measures to gradually transform it into a highway that meets the technical grade requirements.
Nineteenth new construction, renovation and expansion of highways should be in accordance with the relevant technical standards, overall planning and construction of highway traffic safety, electromechanical, highway service management facilities and other ancillary facilities that need to be built, and the required funds should be included in the construction project budget.
The ancillary facilities of the highway mentioned in the preceding paragraph shall be designed, constructed, accepted and put into use simultaneously with the main project of the highway construction project.
Article 20 Highway construction shall conform to the technical standards of highway planning and highway construction projects, abide by the basic construction procedures stipulated by the state, and implement the system of project legal person responsibility, bidding system, project supervision system and contract management system.
Highway construction projects implement the lifelong quality responsibility system, and units engaged in highway construction, survey and design, construction and supervision shall establish and improve the quality and safety assurance system in accordance with the relevant provisions of the state, implement the post responsibility system, and carry out work in accordance with the requirements of relevant laws and regulations and technical standards for highway construction projects and contractual agreements to ensure the quality and safety of highway projects.
The transportation departments of the people’s governments at or above the county level shall strengthen the supervision and inspection of the implementation of laws, regulations and mandatory standards concerning the quality and safety of highway projects.
Twenty-first highway construction site signs management. The signboard shall indicate the operation content of the project, the name of the project legal person, survey and design, construction and supervision unit and the name of the main person in charge, and accept social supervision.
Twenty-second construction units shall be fully responsible for the quality and safety of highway construction projects, and perform the following obligations:
(a) to establish and improve the project quality and safety management system;
(two) the establishment of a special project quality and safety management institutions;
(three) to review the conditions for safe production on the construction site;
(four) to organize the investigation of hidden dangers of quality and safety, and to timely rectify the found engineering quality problems and safety problems;
(5) Other obligations stipulated by laws and administrative regulations.
Twenty-third survey and design units shall conduct survey and design in accordance with technical standards and specifications for highway construction, and be responsible for survey results and design documents.
Investigation units shall conduct on-the-spot investigation and measurement in accordance with the technical standards and specifications of highway construction projects, and carry out investigations on hydrology, geology, climate and underground pipe networks. In case of adverse environment such as unfavorable geology, special rock and soil, harmful gas or other situations that may cause hidden dangers of engineering quality and safety, prevention suggestions shall be put forward, and experts shall be organized to demonstrate when necessary.
The design unit shall, in the early stage of design, carry out safety risk assessment on highway construction projects with complex construction conditions, great technical difficulty and great danger, compile safety risk assessment reports, put forward countermeasures, and indicate the adverse geology, key parts and links of the project and new technologies, new materials, new processes and new products adopted in the design documents, and put forward corresponding measures and suggestions to ensure the quality and safety of the project.
Twenty-fourth construction units shall, in accordance with the design documents, construction specifications and other provisions or requirements, formulate the construction organization design and special construction plan, and be responsible for the construction quality and safety of highway construction projects. Highway construction projects with complex construction conditions, great technical difficulties and great risks such as bridges, tunnels and high slopes shall be assessed for safety risks, and safety risk assessment reports shall be compiled, and countermeasures shall be put forward, which shall be reviewed by the supervision unit and approved by the construction unit.
The construction unit shall record the construction process by means of information technology such as video monitoring for key parts of concealed works and bridges and tunnels with complicated structures, as well as densely populated areas such as mixing stations, steel processing plants and beam slab prefabrication plants.
Twenty-fifth supervision units shall, in accordance with the provisions of the supervision contract, fully equip personnel and equipment, set up corresponding on-site supervision institutions, establish supervision systems, carry out supervision work fairly, independently and independently, and assume supervision responsibilities for construction quality and safety production during construction.
Supervision units shall, in accordance with laws and regulations, mandatory standards for engineering construction, design documents and engineering supervision contracts, take the form of patrol, on-site inspection and parallel inspection, supervise the implementation of construction organization design and special construction scheme, and focus on the supervision of key parts, links and procedures; If quality and safety problems or hidden dangers of accidents are found, the construction unit shall be urged to rectify in time, and if necessary, the instruction to suspend construction shall be issued, and the construction unit and traffic engineering quality and safety supervision institution shall be reported in time.
Supervisors shall not practice in more than two supervision contract sections at the same time.
Twenty-sixth test units shall conduct inspection and testing in accordance with laws and regulations and relevant technical standards and regulations.
The testing unit shall not accept the entrustment of construction, project supervision and construction at the same time in the same contract section of the project; Employees of test and testing units shall not practice in more than two test and testing units at the same time; The test items and parameters carried out by the test and testing unit shall not exceed the scope authorized by its grade certificate, and shall be responsible for the authenticity of the test data and test opinions.
Twenty-seventh after the completion of the highway construction project, the construction unit shall, in accordance with the relevant provisions, organize the inspection of the quality of the project. Without quality inspection, or unqualified inspection, or not in accordance with the quality inspection and rectification opinions to complete the rectification, the construction unit shall not organize the completion acceptance.
The highway construction project can be put into trial operation only after it has passed the acceptance inspection and filed with the competent transportation department. After the trial operation expires, the construction unit shall apply to the competent department of transportation for completion acceptance. The competent department of transportation shall organize the quality appraisal of the project. If the quality appraisal is unqualified, it shall not organize the completion acceptance.
The completion and acceptance of rural highway construction projects with technical grade III and IV can be combined, but the corresponding quality defect liability period and quality warranty period system should be implemented.
Twenty-eighth highway construction projects to implement the quality warranty system. The construction unit and the construction unit shall specify the warranty scope, warranty period and warranty responsibility of the project in the construction contract.
Article 29 Highway construction units shall, in accordance with the provisions of the state and this province on file management, timely collect and sort out the documents of all links of highway construction projects, establish and improve the archives of highway construction projects, and timely hand over the archives of construction projects to the archives management department and other relevant departments after the completion and acceptance of highway construction projects.
Thirtieth new highway projects across administrative regions in this province, the people’s governments at or above the county level in the adjacent administrative regions shall reach an agreement through consultation, and implement them in accordance with the principle of unified standards and synchronous construction, so as to promote the coordinated development of highway construction in different regions. When necessary, the people’s government at the next higher level shall coordinate and solve the problem.
Chapter IV Highway Maintenance
Article 31 Highway maintenance shall comply with the provisions of relevant laws, regulations, technical standards, technical specifications and operating procedures for highway maintenance, and keep the highway in good technical condition.
Article 32 Highway maintenance duties shall be performed according to the following division of labor:
(a) the government toll roads shall be responsible for the maintenance institutions determined by the transportation departments of the people’s governments at or above the county level;
(two) non toll national highway by the provincial people’s government department in charge of transportation highway maintenance agencies responsible for;
(3) Non-toll provincial roads shall be the responsibility of the maintenance institutions under the transportation departments of the people’s governments of provinces and cities (prefectures) in accordance with the relevant provisions;
(four) the county road is responsible for the transportation department of the county (city, district) people’s government or other maintenance units determined by the people’s government at the county level;
(five) the township (town) people’s government is responsible for township roads and village roads;
(six) the operating toll road is responsible for the highway management unit.
The main body of highway maintenance listed in the preceding paragraph shall carry out daily maintenance inspections and make inspection records; If it is found that roads and their ancillary facilities are damaged or have potential safety hazards, warning signs and safety protection facilities should be set up immediately, and emergency repairs should be organized in time or measures should be taken to eliminate potential safety hazards.
The transportation departments of the people’s governments at or above the county level shall strengthen the guidance, inspection and supervision of highway maintenance.
Thirty-third highway maintenance costs shall be borne and guaranteed in accordance with the following provisions:
(a) government toll roads are charged from the toll revenue;
(two) the toll-free national highway shall be undertaken and guaranteed by the provincial people’s government in accordance with the relevant provisions of the state and the province;
(3) Non-toll provincial roads shall be undertaken and guaranteed by the provincial, municipal (state) people’s governments in accordance with relevant regulations;
(four) operating toll roads shall be borne and guaranteed by highway management units.
The people’s governments at or above the county level shall timely and fully allocate the highway maintenance costs borne by them.
Thirty-fourth highway maintenance institutions and highway management units shall organize the preparation of highway maintenance plans according to the requirements of highway grade, mileage, technical condition, traffic volume, maintenance budget quota and maintenance norms.
Highway maintenance institutions and highway management units shall, before implementing highway maintenance operations, formulate highway maintenance operation plans and simultaneously formulate corresponding traffic organization plans. The preparation of the maintenance operation plan and traffic organization plan shall avoid or reduce the construction of closed lanes during the peak traffic hours; If it is really necessary to occupy the road or vehicles need to bypass because of the occupation of the road, it shall solicit the opinions of the traffic management department and the transportation department of the public security organ in advance and make an announcement in accordance with the regulations; If the maintenance operation affects traffic safety, the operating unit shall take effective safety protection measures and cooperate with the traffic management department of the public security organ to maintain road traffic order.
The transportation departments of the people’s governments at or above the county level shall strengthen the inspection and supervision of the implementation of highway maintenance plans and highway maintenance operation plans.
Thirty-fifth transportation departments of the people’s governments at or above the county level shall promote the marketization of highway maintenance.
Highway maintenance projects that should be subject to bidding according to law shall be subject to bidding according to legal procedures, and maintenance operation units with corresponding technical capabilities and qualifications shall be selected, and written highway maintenance contracts shall be signed. Highway collapse, uplift, damage and other serious impact on traffic safety and the need for emergency maintenance, you can directly entrust a maintenance operation unit with corresponding capabilities to implement emergency maintenance.
Article 36 The township (town) people’s government may, in combination with the actual situation of the minimum living guarantee in rural areas and the purchase of public welfare posts by the government, establish a relatively stable mass maintenance organization or adopt individual and family sub-contract methods to carry out daily maintenance of township roads and village roads.
The township (town) people’s government shall sign a written rural highway maintenance contract with the maintenance unit or individual to clarify the rights and obligations of both parties.
Article 37 If the original highway function or position in the road network of some sections of a highway changes, the handover procedures shall be handled in accordance with the existing functions and relevant regulations. The receiving unit shall perform highway maintenance and other related duties from the date of handling the handover procedures.
Chapter V Highway Utilization and Management
Article 38 People’s governments at all levels shall take measures to strengthen the protection, utilization and management of highways.
The transportation departments of the people’s governments at or above the county level and their subordinate institutions shall perform their duties according to law, do a good job in highway protection, utilization and management, improve highway service facilities, improve the level of highway service, utilization and management, and ensure the integrity, safety and smoothness of highways.
All units and individuals have the obligation to protect highway property, maintain highway traffic order, obey management and command, and not interfere with the safe and smooth operation of highways, and also enjoy the right of way and other legal rights to use highways according to law.
Article 39 People’s governments at or above the county level and their transportation and other relevant departments shall strengthen the service and management of highway resources utilization, take effective measures to solve the problems of idle, waste and inefficient utilization of highway resources, and promote the efficient and rational utilization of highway resources.
Article 40 The transportation departments and highway management units of the people’s governments at or above the county level shall, according to the needs of local economic and social development and serving people’s travel, scientifically and standardly set up entrances and exits, transform connecting lines, expand the space and functions of service areas, and comprehensively improve the radiation range and service capacity of highways.
Toll roads should adjust the toll standards according to the traffic volume and technical conditions of the roads, scientifically set speed limit signs, and improve the traffic efficiency of the road network.
Article 41 The people’s governments at or above the county level, their transportation departments and other relevant departments shall fully integrate and utilize all kinds of resources along highways and their borders, make overall plans, adjust measures to local conditions, establish and improve the coordination and linkage mechanism, encourage and guide relevant market entities to participate in an orderly manner, improve the value-added services of highway transportation, promote the deep integration of highways and related industries, and promote the healthy development of the economy of Luyan.
Article 42 The people’s governments at or above the county level and their relevant departments shall improve the highway logistics management system, enhance their service and supervision capabilities to the highway logistics market, optimize the highway logistics information service platform and its services, rationally allocate highway transportation resources, promote the combined transport of highway transportation and other modes of transportation, and reduce the empty driving rate of logistics transportation vehicles.
Forty-third people’s governments at or above the county level departments in charge of transportation, traffic management departments of public security organs and other relevant departments shall handle highway use permits according to law.
Except as otherwise provided by laws and administrative regulations, the licensing of highway utilization matters shall be handled in accordance with the following responsibilities and authorities:
(1) The application for trans-provincial transfinite transportation with the place of departure within the province shall be accepted and approved by the transportation department of the provincial people’s government, and the transportation department of the place of departure shall be responsible for the inspection and verification; Cross-city (state) and cross-county (city, district) applications for over-limit transportation shall be accepted and approved by the transportation department of the people’s government of the city (state); County (city, district) within the overrun transportation application by the county (city, district) people’s government department in charge of transportation acceptance and approval;
(two) highway construction permits, non highway signs permit, approved by the provincial people’s government department in charge of transportation;
(3) The road-related construction license and off-highway signboard license of ordinary national highways and provincial highways outside expressways shall be examined and approved by the transportation departments of the people’s governments of cities (states) and counties (cities, districts) according to their functions and powers;
(4) The permission for road-related construction of rural roads and the permission for off-road signs shall be examined and approved by the transportation department of the county (city, district) people’s government.
If the licensing matters specified in the preceding paragraph affect traffic safety, the consent of the traffic management department of the public security organ shall also be obtained.
Forty-fourth the following vehicles passing on the highway shall be approved or approved by the transportation department of the people’s government at or above the county level or other relevant departments:
(a) vehicles that really need to exceed the load limit standard of highways or highway bridges;
(2) Vehicles carrying non-detachable articles, and the overall outline size or total mass of the goods exceeds the prescribed standards of load limit, height limit, width limit and length limit;
(3) Vehicles carrying inflammable, explosive, toxic, radioactive and other dangerous goods.
Article 45 The implementation of the following acts within the scope of highways and highway land shall be subject to the permission or approval of the transportation department of the people’s government at or above the county level or other relevant departments:
(a) due to the construction of railways, airports, power supply, water conservancy, communications and other construction projects, it is necessary to occupy, dig roads, land for highways or change the route of highways;
(two) crossing the highway to build bridges, aqueducts or erect and bury pipelines, cables and other facilities;
(3) Erecting and burying pipelines, cables and other facilities within the scope of highway land use;
(four) the use of highway bridges, highway tunnels and culverts to lay cables and other facilities;
(5) Setting up off-highway signs within the scope of land used for highways or using facilities crossing highways;
(6) adding or reconstructing a level crossing on the highway;
(seven) update the cutting of road protection forest.
Forty-sixth vehicles that have been approved by the transportation department of the people’s government at or above the county level or other relevant departments shall carry license photos and relevant license documents with them, hang obvious signs on the vehicles, and drive safely according to the permitted time, route and speed.
In the highway, highway land use scope, highway construction control area, the implementation of construction operations and other acts that should be approved by the competent department of transportation and other relevant departments should be carried out in accordance with the approved plans, plans, construction drawings and regulatory requirements of the competent department of transportation and other relevant departments.
Article 47 The following acts are prohibited within highways and land used for highways:
(a) set up stalls, threshing floor drying grain, planting crops, stocking livestock, fair trade;
(2) Dumping, piling up, scattering and burning articles and garbage;
(3) Setting up buildings, structures or places on the ground, such as shacks, maintenance, car washing, water filling and refueling sites, and facilities unrelated to highway protection and management, such as poles and transformers;
(four) landfill, blocking, damage to the highway drainage system or using highway bridges and culverts, drainage ditches and other facilities to divert water for irrigation, discharge sewage, build dams to store water, and set gates;
(five) mining, quarrying, earth borrowing, sand digging and goaf operation;
(6) stacking articles and building facilities under highway bridges, highway tunnels and culverts, as well as laying high-voltage wires and pipelines conveying flammable, explosive or other toxic and harmful gases and liquids;
(seven) theft, removal, damage, alteration of highway signs, marking and measuring piles, boundary markers, guardrails, flowers and trees and other highway ancillary facilities;
(eight) other acts prohibited by laws and administrative regulations.
Forty-eighth people’s governments at or above the county level shall determine the scope of highway land according to the following standards:
(a) there are ditches on both sides of the highway (intercepting ditch at the top of the slope and slope protection road at the foot of the slope), and the land use scope is not less than one meter from the outer edge of the ditches;
(two) there are no ditches on both sides of the highway, and the land use scope is not less than one meter outside the slope toe of the embankment or slope protection road.
In conditional lots, the land use scope of expressways and first-class highways is not less than three meters; The scope of land for secondary roads is not less than two meters.
Article 49 When carrying out construction operations in areas near the outer edge of highway land, highway bridges, highway tunnels and highway ferries, or setting up places and facilities for producing, storing and selling inflammable, explosive, toxic and radioactive dangerous goods, the safety distance standard for highway protection stipulated by the state shall be observed, and the safety of highways and their facilities shall not be endangered.
Article 50 The scope of construction control areas of national highways, provincial highways, county roads, township roads and expressways shall be implemented in accordance with the provisions of relevant laws and administrative regulations. The range of the village road building control area shall be no less than three meters from the outer edge of the highway land.
New towns, development zones, factories, mines, residential quarters, schools, goods distribution centers, large commercial outlets, farmers’ markets and other public places, the distance between the outer edge of the land boundary and the outer edge of the highway construction control area, national highways and provincial highways is not less than 50 meters; County roads and township roads are not less than twenty meters; The village road is not less than ten meters, and should be built on one side of the highway as far as possible.
In addition to the needs of highway protection and maintenance, it is forbidden to build buildings and ground structures in the building control areas on both sides of the highway. If it is necessary to lay pipelines, cables and other construction operations in the building control area, it shall be approved in advance by the transportation department of the people’s government at or above the county level.
Article 51 The transportation department of the provincial people’s government shall establish a unified supervision platform for highway over-limit transportation in the whole province, and realize the sharing of information such as freight source units, road freight transport operators, freight transport vehicles and drivers, contact information and over-limit licenses with the traffic management department of the public security organ.
The transportation authorities shall adjust and optimize the layout of over-limit detection sites of national highways, provincial highways and trunk highways in combination with the development and changes of the highway network, establish and improve the joint law enforcement mechanism with the traffic management department of the public security organ, strengthen on-site inspection of over-limit vehicles in accordance with the regulations, and take fixed detection, mobile detection, non-stop technical detection and other ways to carry out over-limit detection of cargo transport vehicles. The illegal and out-of-gauge transport vehicles found in the on-site inspection and detection shall be dealt with according to law by the competent department of transportation and the traffic management department of the public security organ in accordance with their respective responsibilities.
The people’s governments at or above the county level shall strengthen the supervision and management of highways, and the relevant measures for the management of highway overloading in this province shall be formulated by the provincial people’s government.
Article 52 Distribution centers and freight stations for coal, steel, cement, sand and gravel, ore and other goods, as well as other business units engaged in road freight transportation, loading and stowage (hereinafter referred to as freight source units), shall not illegally overload vehicles.
The people’s governments at or above the county level shall announce the list of key freight source units to the society. The competent department of transportation shall establish the credit evaluation system of freight source units and the credit evaluation system of freight drivers, strengthen the supervision and management of freight source units and other loading sites, and perform supervision and management duties according to law by patrolling or sending law enforcement personnel.
The freight source unit shall install qualified weighing and measuring equipment, establish and improve the post responsibilities and accountability system for driving and releasing freight vehicles, and shall not release illegal, overloaded and overloaded freight vehicles from their business premises.
Road transport enterprises shall, in accordance with the relevant provisions, strengthen the monitoring of the whole process of vehicle loading and operation, and prevent drivers from illegally overloading.
Article 53 The transportation department of the county (city, district) people’s government or the township (town) people’s government may, according to the needs of protecting rural roads, set up height-limiting and width-limiting facilities and safety warning signs at the entrances and exits of township roads and village roads or at important nodes according to law, but it shall not affect the emergency traffic needs such as fire fighting and health first aid, and shall not charge the passing vehicles.
Expressway management units shall, in accordance with the provisions, set up weighing detection facilities at the entrance of the expressway to carry out weighing detection on freight vehicles, and shall not allow illegal, overloaded and overloaded vehicles to enter the expressway. No unit or individual may intentionally block the highway overrun detection station, highway entrance detection lane and traffic lane.
Fixed overrun detection sites, highway entrances and exits and freight source weighing detection equipment shall be regularly verified by legal metrological verification institutions. Without verification or unqualified testing equipment, the test data shall not be used as the basis for determining the overload.
Article 54 Pedestrians, non-motor vehicles, tractors, wheeled special-purpose mechanical vehicles, full-trailer trucks and other vehicles with a designed maximum speed of less than 70 kilometers per hour are not allowed to enter the expressway.
Expressway shall indicate the driving speed of the lane, and the maximum speed shall not exceed 120 kilometers per hour and the minimum speed shall not be less than 60 kilometers per hour. The safety distance and speed limit requirements of motor vehicles driving on expressways shall comply with the relevant provisions of laws and regulations.
Fifty-fifth vehicles on the highway, not reversing, retrograde, not through the central isolation belt to turn around or turn, not to occupy the emergency lane. No unit or individual is allowed to stop and check the running vehicles on the expressway, except that the people’s police of public security organs perform emergency duties according to law.
When a motor vehicle breaks down on the expressway and needs to be stopped for troubleshooting, the driver should immediately turn on the danger warning flash and move the motor vehicle to a place that does not hinder traffic. If it is difficult to move, it should continue to turn on the danger warning flash, and set up a warning sign for the faulty car 150 meters away from the direction of the incoming car; At night and in rainy, snowy and foggy days, you should also abide by the provisions of laws and regulations, and turn on the position lights, taillights and rear fog lights at the same time. People on board should be quickly transferred to the right shoulder or emergency lane, and call the police quickly.
If a motor vehicle fails or has a traffic accident on the expressway and cannot run normally, it shall be towed and towed by a rescue vehicle and a wrecker.
Article 56 It is forbidden for vehicles to run when the transported goods touch the ground.
Effective protective or sealing measures shall be taken when vehicles transport articles that are easy to spill, drip, fly, scatter and pollute.
Vehicle drivers and passengers or other personnel who find obstacles affecting traffic safety on the highway shall promptly report to the competent department of transportation and its subordinate institutions and the traffic management department of the public security organ for handling.
Fifty-seventh highways and national highways shall not be used as motor vehicle driving training venues. Motor vehicle driving training on other highways shall comply with the provisions of the traffic management department of the public security organ on driving time and road sections, and ensure that it does not hinder the safe passage of other vehicles.
Article 58 People’s governments at or above the county level shall strengthen their leadership over road traffic safety and road transport safety, establish and improve the work coordination mechanism, support and urge public security, transportation and emergency management departments to perform their duties of supervision and management of road traffic safety and road transport safety in accordance with laws and regulations and the provisions of the people’s government at the corresponding level, coordinate and solve major problems existing in supervision and management in a timely manner, and prevent and reduce the occurrence of potential accidents.
Where there are no provisions on road traffic safety and road transport safety in this Ordinance, it shall be implemented in accordance with the provisions of the Law of the People’s Republic of China on Road Traffic Safety, the Regulations for the Implementation of the Law of the People’s Republic of China on Road Traffic Safety, the Regulations of the People’s Republic of China on Road Transport and the Regulations of Gansu Province on Road Traffic Safety.
Chapter VI Toll Roads
Fifty-ninth vehicles passing on expressways and other toll roads shall pay vehicle tolls in accordance with the provisions of the state and this province. Toll roads can implement differentiated charges according to different sections, time periods and models. The charging standards, approval procedures, charging period and supervision and management of vehicle tolls shall be implemented in accordance with laws and regulations and the relevant provisions of the state and this province.
It is forbidden to collect vehicle tolls on roads other than toll roads.
Article 60 The management unit of toll roads shall set up and open a sufficient number of toll crossings according to the traffic flow, take effective measures to ensure the rapid passage of vehicles, and shall not cause traffic jams at the toll crossings.
When a serious traffic accident or other emergency occurs on the toll road, the toll road management unit shall provide priority access facilities for vehicles that perform on-site disposal tasks such as ambulance, rescue and emergency rescue.
Sixty-first toll road management units and their staff shall not have the following acts in toll collection activities:
(a) unauthorized establishment of toll stations (cards), charging items, raising the charging standards, extending the charging period, expanding the charging scope and transferring the rights and interests of toll roads;
(two) collect or collect other fees in addition to vehicle tolls;
(3) Failing to issue bills or legal, effective and full bills for charges;
(four) illegal operation of the toll collection system or unauthorized reduction of vehicle tolls;
(five) making things difficult for drivers and blackmailers;
(six) AWOL, affecting the normal traffic of vehicles;
(seven) misappropriation, interception and occupation of vehicle tolls;
(eight) other acts in violation of the charging standards.
Sixty-second vehicle drivers or fellow passengers shall not have the following acts that hinder the order of charge management:
(1) Refusing to pay, evading paying or underpaying vehicle tolls;
(2) forcibly punching the card;
(three) deliberately blocking the toll crossing;
(4) Insulting, threatening or beating toll collectors;
(five) damage to the charging facilities and equipment, interfere with the normal operation of the charging system;
(six) shielding, changing the media or using forged media;
(seven) the use of forged or altered toll concession documents;
(eight) posing as a vehicle to enjoy the toll reduction policy;
(nine) other acts that hinder the order of highway toll management.
Sixty-third toll road toll stations should set up a certain number of non-stop electronic toll lanes according to the needs of vehicle traffic.
Toll roads shall be subject to online toll collection, unified sorting and settlement in accordance with the relevant provisions of the state and this province, and the sorting and settlement business shall be uniformly organized and implemented by the provincial toll road online settlement management institution.
Article 64 The transportation department of the provincial people’s government shall strengthen the dispatching, command, management and supervision of the toll road wrecker rescue work, clarify the dispatching and command institutions, and regularly announce to the public the wrecker rescue service institutions listed in the list.
Highway wrecker rescue service fee shall be determined by the competent price department of the provincial people’s government and announced to the public.
Sixty-fifth toll road management units shall timely collect, summarize and master the traffic flow, road conditions, construction operations, meteorology and other relevant information within the jurisdiction, and release it to the public in a timely manner in accordance with regulations.
In case of road damage, construction or traffic accidents that affect the normal and safe driving of vehicles, the toll road management unit shall set up safety protection facilities at the scene, and make speed limit and warning tips at the entrance and exit of the toll road, or make an announcement by using facilities such as variable information boards along the toll road; When causing traffic jams, it shall promptly report to the relevant departments and assist in diverting traffic.
In case of serious highway damage, bad weather conditions or major traffic accidents that seriously affect the safe passage of vehicles, the public security organ shall, according to the situation, take traffic control measures such as speed limit and road closure according to law. The toll road management unit shall actively cooperate with the public security organs to prompt the traffic control information to the passing vehicles in a timely manner.
Sixty-sixth provincial people’s government departments in charge of transportation should strengthen the supervision and management of the maintenance and operation of toll roads and the service quality of service areas.
Toll road service areas shall provide public welfare services such as free parking, rest, drinking water and going to the toilet, and business services such as refueling (gas), charging, catering, shopping and vehicle maintenance. Encourage qualified service areas to expand diversified service formats, equipped with medical first aid kits, and provide convenient and economical rest places for drivers. The service area shall plan, construct or delimit the parking area for dangerous chemicals transport vehicles.
The toll road service area shall not be closed without authorization. If it is really necessary to close down, it shall report to the transportation department of the provincial people’s government and make an announcement to the public in time.
Chapter VII Guarantee and Supervision
Article 67 The transportation department of the people’s government at or above the county level, the traffic management department of the public security organ and other relevant departments shall establish and improve the working mechanism of highway management, such as collaborative management, joint law enforcement, information sharing, data exchange and information reporting, so as to continuously improve the quality and efficiency of highway management.
Article 68 The transportation departments of the people’s governments at or above the county level and their subordinate institutions shall perform the following highway management duties according to law:
(a) publicity and implementation of highway laws and regulations;
(two) to protect the road property and safeguard the road rights;
(three) to supervise and manage the quality and safety of highway construction projects;
(four) the management of highway land and highway construction control area;
(five) to maintain the order of highway maintenance operations and toll collection site;
(six) the implementation of highway management under construction;
(seven) the implementation of highway inspections, supervision and management of highway conditions and service activities in service areas;
(eight) to investigate and deal with illegal acts of highways according to law;
(9) Other duties as prescribed by laws and administrative regulations.
Article 69 The traffic administrative department of the public security organ shall strengthen highway patrol inspection, investigate and deal with illegal acts of road traffic safety according to law, deal with traffic accidents in time, divert traffic and maintain good road traffic order.
The traffic administrative department of the public security organ shall strengthen the supervision and inspection of traffic safety on the construction site such as highway maintenance, and timely handle unexpected situations such as traffic congestion.
If a traffic accident causes damage to highways and ancillary facilities of highways, the traffic administrative department of the public security organ shall promptly notify the competent department of transportation and the toll road management unit to be present for investigation and handling.
Article 70 The people’s governments of counties (cities, districts) shall earnestly perform the main responsibilities of rural highway management within their respective administrative areas, organize the people’s governments of townships (towns) and relevant departments to do a good job in rural highway work, speed up the construction of rural highways, establish and improve the guarantee mechanism for raising funds for rural highway construction and maintenance, and fully implement the three-level road length responsibility system for rural highways.
Seventy-first toll road management units shall, in accordance with the relevant provisions, carry out standardized management and civilized operation, ensure that roads are in good technical condition, maintain complete functions of service facilities, complete facilities, cleanliness and hygiene, and good order, and provide quality services for passing vehicles and personnel.
Article 72 When carrying out highway inspection and supervision according to law, the transportation departments of the people’s governments at or above the county level and their subordinate institutions have the right to know the information related to the inspection and supervision matters from units and individuals, consult and copy the information related to the inspection and supervision matters, and have the right to inspect and stop all kinds of illegal acts such as occupying and damaging highways, land used for highways and ancillary facilities for highways.
Article 73 The transportation department of the provincial people’s government shall improve the standard of credit construction system, strengthen the platform support and information application services of the credit system, guide the industry to carry out joint credit rewards and punishments according to law, and comprehensively improve the industry’s integrity awareness and credit level.
Seventy-fourth transportation departments of the people’s governments at or above the county level shall, in accordance with the relevant provisions of the state and this province, do a good job in the operation and management of road network monitoring, dispatching, emergency response and travel services.
The transportation department of the provincial people’s government shall strengthen the operation and management of the province’s road network, establish a road network information sharing system with neighboring provinces and municipalities directly under the central government, and use information and intelligent technical means to improve the overall operation efficiency and service level of the road network.
Article 75 The people’s governments at or above the county level shall strengthen the unified organization and leadership of highway emergencies within their respective administrative areas, incorporate highway emergencies into the emergency management system, establish and improve the emergency material reserve guarantee system for highway emergencies, and ensure that the needs of emergency handling can be met when highway emergencies occur. After the occurrence of highway emergencies, emergency response should be organized immediately.
The transportation department of the people’s government at or above the county level shall prepare the emergency plan for highway emergencies in accordance with the relevant provisions. Highway management agencies and toll road management units shall, according to the emergency plan for highway emergencies, formulate special emergency plans or on-site emergency response plans for highway emergencies, set up emergency teams, reserve emergency materials, and improve emergency response capabilities.
Highway management agencies and toll road management units shall regularly inspect and monitor highways and highway ancillary facilities, investigate, register and assess the hidden dangers that may cause highway emergencies, and promptly eliminate potential safety hazards or take safety precautions.
Chapter VIII Legal Liability
Seventy-sixth people’s governments at or above the county level departments in charge of transportation, highway management agencies and other staff who perform highway protection and management duties have one of the following acts, and shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) failing to perform the duties of highway engineering quality and safety supervision according to law;
(two) did not take timely measures to deal with road collapse, potholes, uplift and other damage;
(three) failing to deal with highway emergencies in a timely manner according to law;
(four) interception, misappropriation or misappropriation of special funds for highways;
(five) to release the overloaded transport vehicles that have not eliminated the illegal state;
(6) Failing to investigate and punish according to law after discovering illegal acts or receiving complaints and reports on illegal acts;
(seven) other dereliction of duty, breach of privilege, favoritism.
Article 77 If, in violation of the provisions of Article 52 of these regulations, the freight source unit releases illegal, overloaded and overloaded freight vehicles out of its business premises, the competent department of transportation shall order it to make corrections and impose a fine of not less than 3,000 yuan but not more than 30,000 yuan.
Article 78 Where an expressway operation and management unit, in violation of the provisions of Article 53 of these regulations, releases illegal, over-limit and overloaded vehicles into the expressway at the entrance, the transportation authorities shall confiscate all the tolls for the released vehicles and may impose a fine of 2,000 yuan per vehicle.
Seventy-ninth acts in violation of the provisions of this Ordinance, laws and administrative regulations have been punished, in accordance with its provisions.
Chapter IX Supplementary Provisions
Article 80 The people’s governments at or above the county level may, in accordance with the provisions of these Regulations, formulate relevant administrative measures.
