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(Adopted at the 11th Meeting of the Standing Committee of the Tenth National People's Congress on August 28, 2004)

颁布日期:20040828  实施日期:20040828  颁布单位:全国人大常委会

  Order of the President of the people's Republic of China

  No.19

  The Decision of the Standing Committee of the National people's Congress on Amending the Highway Law of the People's Republic of China, adopted at the 11th Meeting of the Standing Committee of the Tenth National people's Congress of the People's Republic of China on August 28, 2004, is hereby promulgated and it shall go into effect as of the data of its promulgation.

  Hu Jintao

  President of the people's Republic of China

  August 28, 2004

  At its 11th Meeting, the Standing Committee of the Tenth National people's Congress decides to amend the Highway law of the people's Republic of China as follows:

  The first paragraph of Article 50 is revised to read: “Vehicles that exceed the limits for tonnage and dimensions of length. Width and height, fixed for the designated highways or highway bridges or trammels or ferry boats shall not be permitted to operate on such highways, over such bridges, through such tunnels or to use such ferry boats. Where it is definitely necessary for overloaded vehicles to operate along the said highways or over highway bridges, approval shall be obtained from the competent departments for communications under the people's governments at or above the county level, and effective and protective measures shall be taken, as required; where a vehicle carries and indivisible oversize or overload cargo, it shall operate at the time, along the route and at the speed as specified and bear conspicuous signs.”

  This Decision shall go into effect as of the data of its promulgation. Promulgated anew after it is revised according to this Decision.

  Highway Law of the people's Republic of China

  (Adopted at the 26th Meeting of Standing Committee of the Eighth National people's Congress on July 3, 1997, revised for the first time according t the Decision of the Standing Committee of the Ninth National People's Republic of China adopted at its 12th Meeting on October 31, 1999, and revised for the second time according to the Decision of the Standing Committee of the Tenth National people's Congress on Amending the Highway Law of the People's Republic of China adopted at its 11th Meeting on August 28, 2004)

  Contents

  Chapter ⅠGeneral Provisions

  Chapter ⅡPlanning of Highways

  Chapter ⅢConstruction of Highways

  Chapter ⅣMaintenance of Highways

  Chapter ⅤAdministration of Highways

  Chapter ⅥToll Roads

  Chapter ⅦSupervision and Inspection

  Chapter ⅧLegal Responsibility

  Chapter ⅨSupplementary Provisions

  Chapter Ⅰ

  General Provisions

  Article 1 This law is enacted with a view to improving the construction and administration of highways, promoting the development of highways, and accommodating the needs of the socialist modernization drive and the people's everyday life.

  Article 2 This law shall be applicable to planning, construction, maintenance, operation use and administration of the highways within the territory of the people's Republic of China.

  “Highways” as used in this law includes highway bridges, tunnels and ferries.

  Article 3 The principles of overall planning, reasonable layout, guaranteed quality, mobility and accessibility, protection of environment, and equal stress on construction, improvement and maintenance shall be adhered to in the development of highways.

  Article 4 The people's governments at various levels shall take effective measures to assist and promote the construction of highways. Highway construction shall be included in the national economic and social development plans.

>  The State encourages economic organizations both at home and abroad to make investment in highway construction and engage in highway operation and gives them guidance in this regard.

  Article 5 The State assists and supports the minority nationality areas, outlying areas and poverty-stricken areas in developing highways.

  Article 6 Highways shall be classified into national highways, provincial highways, county roads and township roads terms of their functions in the highway network and into expressways, Class Ⅰhighways, Class Ⅱhighways, Class Ⅲ highways and Class Ⅳ highways in terms of technical grading. The specific standards for classification shall be formulated by the competent department for communications under the State Council.

  All the highways to be built shall conform to the requirements for technical grading. Measures shall be taken to improve all the existing substandard highways that do not conform to the requirements even for the lowest technical grade and to gradually change them into highway conforming to requirements for technical grading.

  Article 7Highways shall be protected by the State. No units or individuals may undermine, damage or illegally occupy highways, highway land or auxiliary highway facilities.

  All units and individuals shall have the duty to protect highways, highway land and auxiliary highway facilities and have the right to expose and accuse any act that undermines or damages highways land, or auxiliary highway facilities or adversely affects highway safety.

  Article 8 The competent department for communications under the State Council shall administer the highways throughout the county.

  The competent departments for communications under the people's governments at or above the county level shall administer the highways within their own administrative areas; however, the duties of the competent departments for communication under the people's governments at or above the county level to administer and supervise national highways and provincial highways shall be determined by the people's governments of the provinces, autonomous regions, or municipalities directly under the Central Government.

  The people's governments of townships, nationality townships and towns shall be responsible for construction and maintenance of the township roads within their own administrative areas.

  The competent departments for communications under people's governments at or above the county level may decide that highway administration organs perform the function of administration of highways in accordance with the provisions of law.

  Article 9 Any units or individuals shall be prohibited illegally set up outposts, impose fees or fine, or stop vehicles along highways.

  Article 10 The State encourages scientific and technological research in field of highways and awards the units and individuals that have achieved outstanding successes in research and application of science and technology in this field.

  Article 11 The provisions in this Law on accommodation roads shall be applicable to such roads.

  Accommodation roads refer to the roads that are built, maintained and administered by enterprises or other units t provide transport services thereon specially or chiefly for the said enterprises or units.

  Chapter Ⅱ

  Article 12 Planning of highways shall be based on the needs of national economic and social development and of national defence, consistent with urban development plans and plans for the development of transport modes.

  Article 13 Plans for land to be used for highway construction shall be in conformity with the overall plan for land-use. The land to be used for the purpose in a given year shall be included in the annual plan for the land to be used for construction.

  Article 14 plans for national highways shall be made by the competent department f

or communications under the State Council in conjunction with the relevant departments under the State Council and in consultation with the provinces, autonomous regions, and municipalities directly under the Central Government along the way where such highways are to be built and shall be submitted to the State Council for approval.

  Plans for provincial highways shall be made by the competent departments for communications under the people's governments of the provinces, autonomous regions, r municipalities directly under the Central Government in conjunction with the relevant departments at the same level and in consultation with the people' governments at the next lower level along the way where such highways are to be built and shall be submitted to the people's governments of the provinces, autonomous regions, or municipalities directly under the Central Government for approval and to the competent department for communications under the State Council for the record.

  Plans for county roads shall be made by the competent departments for communications under the people's governments at the county level in conjunction with the relevant departments at the level and shall be submitted to the people's governments at the next higher level for approval

  after examination and finalization by the people's governments at the county level.

  Plans for township roads shall be made by the people's governments of townships, nationality townships or towns with the help of the competent departments for communications under the people's governments at the county level and shall be submitted to the people's governments at the county level for approval.

  Plans for county roads or township roads that are approved in accordance with the provisions in the third or fourth par


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