Regulations of Shanghai Municipality on the Administration of Highways

(September 25, 2020)

Chapter I General Provisions

Article 1

With a view to strengthening the construction and administration of highways in this Municipality, promoting the development of highways and giving full play to their role in the economic construction, national defense and people’s life, these Regulations are formulated in accordance with the provisions of the Highway Law of the People’s Republic of China, and other laws and administrative rules, and in the light of the actual circumstances of this Municipality.

Article 2

The highways mentioned in these Regulations refer to the state, provincial, county and township roads, and the village roads that have been listed in the highway planning, within the administrative area of this Municipality, including highway bridges, highway culverts and highway tunnels. County, township and village roads are collectively referred as rural roads.。

The highway accessory facilities mentioned in these Regulations refer to the protective, drainage, ventilation, lighting, maintenance, management, service, traffic safety, monitoring and control, communication, toll, and greening facilities and equipment, as well as the special purpose buildings and structures attached to highways.

Article 3

These Regulations apply to the planning, construction, maintenance, operation and use of the highways within the administrative area of this Municipality, as well as to the administration of highways, land used by highways, highway accessory facilities and construction control zones of highways.

Article 4

This Municipality shall strengthen the highway administration, continuously upgrade the conditions for the highway’s safe passage and raise the capacity of traffic guarantee.

People’s governments at all levels shall focus on major issues and perfect policies and mechanisms, do a good job in the building, managing, maintaining and operating of rural roads, and provide a better guarantee for the acceleration of the modernization of agriculture and rural areas .

Article 5

The municipal transportation administrative department shall be in charge of the planning, construction, operation and other administrative work of highways in this Municipality according to the division of duties, and exercise administrative penalties according to law. The municipal road transport administrative department shall perform the duty of highway maintenance, use and other administrative duties according to the division of duties.

The district transportation administrative departments shall be responsible for the specific administration of the highways within their respective areas of jurisdiction according to their scope of duties.

The town/township people’s governments shall be responsible for the work related to the township and village roads within their respective administrative areas.

All relevant administrative departments in this Municipality shall coordinate in the implementation of these Regulations according to their respective duties.

Under the guidance of town/township people’s governments, villagers'/neighborhood committees shall assist in the work relevant to village roads.

Article 6

The construction and development of highways in this Municipality shall follow the principle of overall planning, rational distribution, guaranteed quality, unimpeded passage, environmental protection, arable land protection, and greening enhancement, with equal attention given to construction, renovation and administration.

The administration of this Municipality’s highways shall observe the principle of combining unified administration with assignment of responsibilities to different levels.

Article 7

The municipal administrative departments of transportation, and road transport shall, jointly with the administrative departments of public security, and housing and urban-rural development of this Municipality, and by relying on the Integrated Online Platform, enhance the collaboration of business affairs, optimize the workflows of government services and provide convenient and efficient services for administrative counterparts.

This Municipality’s administration of highways shall be included into the Integrated Online Administration system of urban management to realize an integrated, coordinated and close-looped administration, and ensure a safe and smooth passage of highways.

Article 8

This Municipality shall, in the planning, construction, maintenance and management of highways, apply the concept of green development, popularize ecological protection technology and use by priority the green and eco-friendly materials as well as clean energy.

This Municipality shall raise the intelligence level in highway information collection, travel guiding service, vehicle infrastructure cooperation, safety monitoring and risk pre-warning by applying modern information technology such as the Internet of Things, cloud computing and big data.

Article 9

The municipal administrative departments of transportation, and road transport shall establish a communication and coordination mechanism with corresponding departments of relevant cities and provinces in the Yangtze River Delta region, strengthen the coordination with them on highways’ planning, construction, maintenance and administration, raise the smooth-passing capacity of inter-provincial highways and accelerate the formation of a convenient and efficient regional highway network.

Article 10

No unit or individual may destroy, damage or illegally occupy highways, land used by highways, or highway accessory facilities.

Chapter II Administration of Planning and Construction

Article 11

Special plans for highways shall be formulated according to the following provisions:

1. The plans for provincial highways shall be drawn up by the municipal transportation administrative department in accordance with the plans for state highways, and the needs of the national economic and social development of this Municipality and of national defense, after listening to the opinions of the people’s governments of the districts along the highways and relevant municipal administrative departments. After a comprehensive balancing by the municipal planning and resources department, and after the approval by the Municipal People’s Government, the plans shall be integrated into the comprehensive urban planning, and be submitted to the competent transport department of the State Council for the record.

2. The plans for county (including township and village) roads shall be drawn up by the district transportation administrative departments in accordance with the plans for provincial highways and district urban planning, after listening to the opinions of relevant district competent administrative departments and the people’s governments of the towns/townships concerned. After the preliminary examinations by the district people’s governments and the municipal transportation administrative department, the plans shall be submitted to the Municipal People’s Government for approval and filed with the competent transport department of the State Council for the record.

3. The plans for special-purpose roads shall be drawn up by the units in charge of the special-purpose roads and submitted to the municipal transportation administrative department for examination and approval. The plans of special-purpose roads shall fit in with the plans of provincial highways and county roads (including township and village roads).

Special plans for highways shall mainly include the contents of the guiding principles and targets of the highway development, the scale and general construction arrangement of road network, the functional layouts including highways’ grades, route selection and the passage of heavy vehicles, and the security measures. The plans for highways shall be effectively linked with the plans for urban roads. The plans for rural roads shall fit in with the development of industries with local features, and of rural tourism.

Article 12

If it is necessary to revise the approved plans of provincial highways, county roads (including township and village roads) and special-purpose roads, the revision schemes shall be put forward by the original units that drew up the plans, and be examined and approved by the original approving authorities.

Article 13

The building clusters of villages, towns, and development zones in planning shall be at a specified distance from highways. It is not permitted to construct building clusters of villages, towns or development zones on both sides of highways directly facing each other.

The planning and new construction of provincial highways and county roads shall rationally avoid the existing building clusters of villages, towns, and development zones.

Article 14

Where the construction of highways necessitates the expropriation of houses and land, the expropriation shall be done in accordance with laws. As for the expropriation, the owners of the expropriated houses and land shall be provided with a fair and reasonable compensation, and shall promptly relocate, and transfer the land.

Land used by a highway shall be delimited in accordance with the following requirements:

1. Where there are side ditches, catchment water drains or slope protection paths on either side of a highway, the area of the land it uses shall extend one meter from the outer side of the side ditches, catchment water drains or slope protection paths.

2. Where there are no side ditches, catchment water drains or slope protection paths on either side of the highway, the area of the land it uses shall extend five meters from the outer side of the highway curb stones or slope foot lines; and

3. Where the land actually expropriated exceeds the area specified above, the actually expropriated land area shall be taken as the land area it uses.

Article 15

The name of a highway shall be determined at the instituting of the highway construction project.

The highways of this Municipality shall be named in accordance with the standard nomenclature of the State, that is, the name shall be composed of the abbreviated names of the places where they begin and end. At the same time, they shall be assigned serial numbers, depending on whether they extend in a vertical north-to-south direction, or horizontal east-to-west direction.

Article 16

The municipal and district transportation administrative departments shall draw up construction plans for provincial, county, township and village roads according to the special planning for highways, and organize the implementation of such plans after their approval in accordance with the construction procedures prescribed by the State and this Municipality.

Plans for the new construction, renovation and expansion of county roads shall be subject to the examination and approval of the municipal transportation administrative department; the municipal traffic administrative department shall be responsible for the coordination of the plans for the construction of cross-county/district roads.

Plans for the new construction, renovation and expansion of township and village roads shall be subject to the examination and approval of district transportation administrative departments; the district transportation administrative departments shall be responsible for the coordination of the plans for the construction of cross-town/township roads and village roads.

Article 17

The new construction and renovation of rural roads shall meet the following technical standards:

1.County roads shall at least meet the technical standard of grade 2 highways;

2. Township roads shall at least meet the technical standard of grade 3 highways; and

3. Village roads shall at least meet the technical standard of grade 4 highways.

In the case that certain sections of a newly constructed or renovated county or township road fail to reach the standards prescribed in the preceding Paragraph due to the limitation of natural conditions such as the topographical and geological factors, the municipal road transport administrative department or district transportation administrative departments shall organize a demonstration.

Article 18

Highway construction funds shall be raised through the following channels and means:

1. financial appropriation;

2. borrowing from domestic or foreign financial institutions or foreign governments;

3. investment by domestic or foreign economic organizations;

4. proceeds from the legal transfer of the highway’s toll-collecting right;

5. issuing stocks or debenture bonds in accordance with law by companies developing or operating the highways;

6. voluntary fund contribution by enterprises or individuals; and

7. other means prescribed by law or the State Council.

Article 19

To acquire the land to be used for highway construction, the development unit shall go through the necessary formalities for the use of the land in accordance with the provisions of the laws and rules of the State and this Municipality.

Article 20

The unit undertaking the survey, design, construction or supervision for a highway construction project shall obtain the qualification certificates prescribed by the State, in addition to the registration with the administrative departments of market regulation in accordance with law. The highway development unit shall sign a contract with the survey, design, construction or supervision unit with corresponding qualifications, defining the rights and obligations of each party.

The survey, design, construction or supervision unit undertaking a highway construction project shall conduct the survey, design, construction, or supervision operations in accordance with laws, rules and regulations, as well as the requirements of the technical standards and norms of the State and this Municipality for highway projects and the terms in the contract, so as to ensure the quality of the project.

The highway construction project that needs a bid inviting and tendering required by law or the provisions of the State Council shall carry out the bidding procedures according to the provisions.

Article 21

The highway development unit shall observe the requirements on the highway project’s technical standards and norms, and correspondingly equip the highway with necessary accessory facilities for different grades of highways; expressways and grade 1 highways shall be equipped with monitoring, communication and other relevant accessory facilities.

The highway sections in urbanized areas shall be equipped with pavements, lighting, drainage and other facilities in accordance with relevant provisions of the State and this Municipality.

Highways shall be installed with perfect traffic signs and traffic-lane markings in accordance with technical standards. Flood warning signs shall be set up in the road sections easily affected by accumulated water, like underpasses.

The highway accessory facilities prescribed in the preceding Paragraph shall be designed and constructed at the same time as the principal part of the highway project.

Article 22

Highway service areas shall be laid out reasonably in accordance with the planning of the highway, and shall be planned, designed, constructed and put into use at the same time as the highway.

Highway service areas shall be equipped with parking lots, drinking water supplies, public restrooms, solid waste sorting bins and other service facilities. In addition, the service areas on expressways shall be equipped with facilities for gas refueling, battery charging, shopping and dining; and the capable highway service areas shall be encouraged to expand their service functions. The existing highway service areas that have not reached the required standard shall be upgraded gradually.

The locations and service functions of highway service areas shall be announced to the public.

Article 23

Highway construction projects shall be transferred and accepted upon completion according to the provisions. Where a project has not been checked and accepted or has failed the acceptance check, it shall not be put into operation.

The separately completed road sections with independent use values or individual projects may be subjected to the acceptance check section by section. Upon the approval of the acceptance check, they may be put into operation first.

The transfer and acceptance check upon completion of highway accessory facilities shall be made simultaneously with the principal part of the project.

After the acceptance check upon completion of a highway construction project, the development unit shall submit the completion files within a specified time limit to the urban construction archives organization.

Article 24

A system of quality warranties shall be implemented for highway construction projects. The warranty period shall be agreed on by contract, but it can not be less than one year.

If quality problems of the highways are discovered during the warranty period, the construction unit shall initially make repairs or do the work over again. If the construction unit refuses to make repairs or to do the work over again within a specified time limit, the development unit shall organize the repair or doing the work over again, the cost of the repair or doing the work over again shall be borne by the party at fault.

Article 25

If the construction of highways affects the normal operation of railways, water conservancy, electric power and post and telecommunication facilities and other public facilities, the highway development unit shall secure the prior approval of the departments concerned. If the construction of highways causes damages to such facilities or requires their relocation, the highway development units shall have them repaired or restored according to technical standards not lower than the original ones, or make due economic compensations.

Article 26

When rebuilding or expanding highways, the construction unit shall put up conspicuous construction signs and safety signs at both ends of the road section under construction. Where it is necessary for vehicles to make detours, the construction unit shall put up signs at the cross roads leading to the detour; If detours are impossible, the development unit shall organize the construction of temporary passage roads.

Article 27

The municipal road transport administrative department may declare the abandonment of provincial and county roads that have lost their usable functions, and the district transportation administrative departments may do so with township and village roads in the same conditions, upon the approval of the planning and resources departments at the same level.

The municipal road transport administrative department, the district transportation administrative departments and town/township people’s governments shall promptly announce to the public the abandoned roads and put up conspicuous signs.

The planning and resources departments shall redefine the nature of the use of the land of the abandoned roads in accordance with the requirements of land use planning.

Where the competent transportation department of the State Council has provided provisions for the road abandonment, such provisions shall apply.

Chapter III Maintenance Administration

Article 28

The municipal road transport administrative department and the district transportation administrative departments shall be responsible for the maintenance administration of highways and their accessory facilities so as to keep them in good conditions.

The Municipal People’s Government shall perfect the subsidy mechanism for the rural road maintenance fund. District people’s governments shall include the rural road maintenance fund and the expenditure of management bodies and personnel in the general public financial budget.

Article 29

This Municipality shall implement the system of separating the highway maintenance administration from the highway maintenance operations, speed up the formation of a market of highway maintenance operations, guide the classification and grading of maintenance operating units, and perfect the highway maintenance market that will be commensurate with the scale and content of the highway maintenance operations with the professional requirements.

Highway maintenance operating units shall meet the prescribed qualifications.

The municipal road transport administrative department and the district transportation administrative departments shall choose the appropriate maintenance operating unit in accordance with the type of maintenance project. Where a bid inviting and tendering is required for a highway maintenance operation, it shall be conducted in accordance with the provisions of laws and rules.

Article 30

A unit undertaking a highway maintenance operation shall maintain the highway and its accessory facilities in accordance with the technical specifications and operational procedures set by the State and this Municipality, as well as with the terms of the contract, so as to keep the highway in good conditions at all times.

Where an overhauling operation is necessary for a highway, it shall be subjected to an acceptance check upon completion and be provided with a quality warranty in accordance with the provisions of Articles 23 and 24 of these Regulations.

Article 31

The municipal road transport administrative department and the district transportation administrative departments shall conduct regular and comprehensive assessments on the technical condition of highways under their jurisdiction in accordance with the technical norms for highway maintenance, and the assessment shall be conducted at least once a year. The result of assessment shall be used as a major basis for the arrangement of maintenance projects.

The municipal road transport administrative department and the district transportation administrative departments shall formulate their own overall plans for maintenance projects, reasonably determine construction periods, ensure the scheduled maintenance operation, and reduce the hindrance to the smooth traffic on highways. For inter-provincial maintenance operations, the communication with adjacent cities and provinces shall be established.

The municipal road transport administrative department and the district transportation administrative departments shall strengthen the administrative synergy with the public security and traffic control department. The public security and traffic control department shall do a good job in the examination and approval of traffic safety affairs and the on-spot control of traffic orders.

Article 32

Highway maintenance operating units shall conduct their maintenance operations in accordance with the following safety regulations:

1. Necessary safety and protective measures shall be taken and necessary traffic safety facilities shall be equipped, according to the technical grades of the highways;

2. Highway maintenance personnel shall wear warning uniforms;

3. When vehicles and machinery are used in maintenance operations, conspicuous operation signs shall be put up on them and emergence flashers shall be turned on.

4. When maintenance operations are conducted at night, or in bad weather conditions, such as rain, snow and fog, warning lights shall be installed on the work site; and

5. Highway maintenance operations shall avoid the rush hours.

In their operations, highway maintenance operational vehicles’ driving routes and directions shall be exempt from the restrictions of highway signs and traffic-lane markings, provided they do not interfere with the passing vehicles’ traffic, but with the exception of vehicles conducting maintenance operations on expressways.

The cleaning and greening maintenance operations on expressways shall be conducted mainly by machinery. When it is necessary to conduct such operations by man, the maintenance operating units shall take effective safety protection measures.

If highway maintenance operations interfere with the passage of vehicles and pedestrians, or endanger the safety of their passage, the maintenance operating unit shall abide by the provisions of Article 26 of these Regulations.

Article 33

The municipal road transport administrative department and the district transportation administrative departments shall conduct examination or selective examination on a regular basis, strengthen the supervision on the quality of maintenance projects and demand prompt rectifications.

When finding a highway is damaged, any unit or individual is entitled to report it to the municipal road transport administrative department or the district transportation administrative departments. The municipal road transport administrative department or the district transportation administrative departments shall deal with it promptly and provide feedback.

Article 34

The municipal road transport administrative department, the district transportation administrative departments and the town/township people’s governments shall conduct regular inspections on those highway bridges under their jurisdiction in accordance with the technical norms for highway maintenance. If a test is necessary, they shall entrust a duly qualified agency to conduct the testing.

If, after a test, the load capacity of a highway bridge is found to fail to reach the original standards, the municipal road transport administrative department, the district transportation administrative departments and the town/township people’s governments shall promptly take effective measures, such as repairs and reinforcement. During the period of repair or reinforcement, conspicuous signs of load limits shall be put up. If a highway bridge, after a test, is found to have been severely damaged, thus endangering the safety of traffic, the municipal road transport administrative department, the district transportation administrative departments and the town/township people’s governments shall first put up no-passing signs, and take prompt repair measures, and at the same time, report the relevant information to the public security and traffic control department.

Article 35

The trees along the highways or in the land used by highways can not be felled or removed at will.  Where there is a proven need to fell trees for a renewed planting, it shall only, upon the approval by the municipal road transport administrative department or the district transportation administrative departments, go through the examination and approval formalities according to the provisions of relevant laws and rules, and then can the renewal or replanting be made.

Chapter IV Road Affairs Administration

Article 36

Highway construction control zones shall be delineated on both sides of highways in accordance with state provisions.

The extent of highway construction control zones shall be delineated by the transportation, planning and resources and other relevant administrative departments organized by the municipal and district peoples’ governments.

After the delineation of the extent of highway construction control zones, the municipal road transport administrative department or the district transportation administrative departments shall put up conspicuous sign posts and boundary posts.

The construction of buildings or surface structures within the construction control zones on either side of highways shall be prohibited, unless it is because of highway protection and maintenance needs. If it is necessary to lay pipes, cables or power lines within the construction control zones, a prior approval of the municipal road transport administrative department or the district transportation administrative departments shall be secured.

The buildings and structures within the highway construction zones that have been legally constructed prior to the zone delineation can not be expanded. If it is necessary to demolish them for reasons like highway construction or safety guarantee for highway passage, due compensations shall be made in accordance with law.

Article 37

Activities that damage or pollute the highways or affect the smooth passage, shall be prohibited such as, within the area of highways and land used by highways, to set up selling stands, stack goods, dump garbage, put up obstacles, dig ditches or canals, thresh and sun grains, plant crops, graze or raise livestock, conduct quarrying, excavation and mining operations, burn up objects, discharge sewage and wastes into roadside gutters, block roadside drainage ditches, fill roadside gutters, etc.

Where laws and administrative rules have stipulated prohibition provisions for activities threatening the highway safety, such provisions shall prevail.

Article 38

No unit and/or individual can, without permission, occupy or dig highways or land used by highways.

Where a temporary occupying or digging of highways or the land used by highways is really needed due to the infrastructure or other important construction projects, the operator shall apply to the municipal road transport administrative department or the district transportation administrative departments, and only after the examination and approval, can the operator begin the occupying or digging. Where traffic safety is affected, he/she shall also obtain the approval from the public security and traffic control department.

The unit or individual digging highways or land used by highways shall be responsible for the recovery of the highway according to the original standards or bear corresponding expenses.

This Municipality shall strengthen the overall administration of the construction of digging highways and land used by highways. Where a highway or land used by highways is to be dug, the construction plan for road digging shall, as required, be submitted to the municipal road transport administrative department or the district transportation administrative departments who will make an overall balance jointly with the housing and urban-rural development departments, and will prioritize the comprehensive construction for road digging.

The digging construction site on highways and land used by highways shall be installed with a construction nameplate in a conspicuous position, listing the authorization, the construction unit, the period, the phone number for reports and other relevant information.

Article 39

No digging shall be permitted on newly constructed, expanded or renovated highways within five years from their date of completion and three years for overhauled highways. Where digging is necessary because of special circumstances, payments amounting to one to five times the cost of restoring the dug roads shall be made, as required, to the municipal road transport administrative department or the district transportation administrative departments. Where traffic safety is affected, it shall also be approved by the public security and traffic control department.

When it is necessary to dig highways and the land used by highways for an emergency repair due to a breakdown of an underground pipeline facility, the repair unit may dig the road first, but shall immediately notify the municipal road transport administrative department or the district transportation administrative departments and public security and traffic control  department, and go through the make-up formalities for emergency road digging within 24 hours.

Article 40

The construction of bridges or the erection and/or laying of pipelines or cables that cross over or through the highway, and the erection and/or laying of pipelines and electricity cables within the limits of land used by highways shall be approved in advance by the municipal road transport administrative department or the district transportation administrative departments; and shall also be approved by the public security and traffic control department if traffic safety is affected.

If the pipeline and cable mentioned in the preceding Paragraph need to be removed or relocated due to the renovation or expansion of a highway, the owner unit shall promptly make the removal or relocation.

Article 41

The addition and renovation of level crossings on highways shall be approved by the municipal road transport administrative department or the district transportation administrative departments as well as the public security and traffic control department.

Article 42

The approved erection or laying of pipelines and cables or the opening of road crossings on highways or within the limits of land used by highways shall meet the requirements of highway engineering and technical standards. If highways or highway accessory facilities are damaged, a corresponding compensation shall be made.

Article 43

No unit or individual can put up sign boards, advertisement boards or other non-highway signs within the limits of highways or land used by highways at will. In case of a real need, the unit or individual shall observe the requirements relevant to the planning and technical standards of putting up sign boards, apply to the municipal road transport administrative department or the district transportation administrative departments for approval, and go through the necessary procedures in accordance with relevant provisions on putting up signboards and advertisement boards.

No unit or individual can use highway traffic safety facilities, traffic signs and shade trees to put up advertisements.

When it is necessary to remove advertisement boards due to the renovation or expansion of a highway rendering it impossible to continue the performance of the contract on the putting up of advertisement boards, the owner unit shall be correspondingly compensated.

Article 44

Vehicles exceeding the load, height, width and length limits for highways, highway bridges or highway tunnels shall be prohibited to drive on highways, highway bridges or highway tunnels.

Where the load, height, width and length limits for highways, highway bridges or highway tunnels are adjusted, corresponding limit signs shall be changed promptly. Where a detour is required, the route shall be specified.

Article 45

Where a vehicle carries an indivisible object, with the overall contour or the gross weight of the vehicle loaded with the cargo exceeds the load, height, width or length limits of highways, highway bridges, highway tunnels but really needs to pass the said routes, the transportation unit or individual shall apply to the municipal road transport administrative department or the district transportation administrative departments for the over-limit road transport permit in accordance with state provisions. Where the over-limit road transport will affect traffic safety, the municipal road transport administrative department or the district transportation administrative departments shall consult the public security and traffic control department during the examination and approval of the application.

Where the municipal road transport administrative department or the district transportation administrative departments have approved the application, the authority department shall inform the public security and traffic control department, and intensify the safety monitoring on the highway facilities along the over-limit transportation route as well as the traffic safety control.

The cross-province-autonomous-region-municipality over-limit transportation shall, according to the provisions of the Highway Law of the People’s Republic of China and the Regulations on Protection of Highway Safety, go through relevant procedures for over-limit transportation permit.

Article 46

This Municipality shall intensify the supervisory administration on illegal acts of over-limit transportation by means of the supervisory administration at the source of cargo transportation.

In case of an illegal over-limit transportation, the municipal and district transportation administrative departments shall have the power to demand the concerned party to provide the information about the source of over-limit transported cargo. The concerned party shall provide such information as demanded.

Article 47

The setting up or relocation of stations and stops for public transport vehicles or other passenger transport vehicles with fixed routes shall be subject to the state provisions relevant to the highway administration, in addition to the approval by the public security and traffic control department.

If the setting up of such stations and stops affects the operational functions of a highway or its accessory facilities, the setting-up unit shall be responsible for restoring them to their original state or bear the corresponding expenses.

Article 48

When accepting relevant applications in accordance with these Regulations, the municipal road transport administrative department and the district transportation administrative departments shall make the examination and approval decision in writing within 15 days upon the acceptance.

Article 49

The municipal road transport administrative department and the district transportation administrative departments shall be responsible for the removal of break-down vehicles, trouble-causing vehicles and other obstacles like litters. Vehicles for clearing up obstacles must be installed with sign lights and painted with conspicuous signs. When engaged in clear-up operations, they shall turn on their sign lights and flash warning lights.

Except the professional vehicles for obstacle-clearing operation, other vehicles shall be prohibited to tow break-down vehicles or trouble-causing vehicles on expressways.

Article 50

If it is necessary to close roads or bridges to traffic because of the construction work or maintenance operations, the municipal road transport administrative department or the district transportation administrative departments and the public security and traffic control department shall jointly issue announcements on the closure of these roads or bridges through news media three days before they are officially closed.

If traffic safety on expressways is endangered because of disastrous weather conditions or unexpected accidents, the municipal road transport administrative department may first exercise speed limits or time-limit close on certain sections or the whole length of the expressways before promptly informing the public security and traffic control department.

Article 51

The municipal and district transportation administrative departments shall draw up contingency plans for unexpected incidents, and implement such plans upon the approval of the people’s government at the corresponding level.

The contingency plans shall, according to the type and response grading of the incidents such as natural disasters, accidents, catastrophes, and public heath incidents, specify the corresponding emergency measures such as traffic control, highway closures, and tests for epidemic prevention and control; and shall, in need of a unified cross-region operation, specify the coordination mechanism simultaneously.

The municipal and district transportation administrative departments shall, according to the contingency plan, store emergency supplies, build emergency teams and exercise regular drills . The contingency plans shall be subject to dynamic appraisals and be promptly improved based on the appraisal results.

Article 52

When it is really necessary to establish comprehensive checkpoints, public health quarantine stations and other sites for the response to unexpected incidents and other demands of emergency control, the municipal transportation administrative department shall, jointly with relevant administrative departments, and according to relevant provisions, organize the establishment upon  the approval of the Municipal People’s Government.

The establishment and operation of comprehensive checkpoints, public health quarantine stations and other sites shall satisfy the demands for emergency control while reducing the impact on the highway passage.

Article 53

This Municipality shall practice the road chief system for rural roads in accordance with state provisions, establish the three-tiered road chief system covering districts, townships(towns) and villages and correspondingly appoint general road chiefs and road chiefs to organize a graded and sectional road management in their own jurisdiction.

People’s government of districts and townships(towns) shall, according to the provisions, establish a system of sole-duty rural road managers. The rural road managers shall be responsible for daily patrol on road conditions, peril detection and information reporting on disasters and damages. The sole-duty manager system shall be connected with the urban grid management system.

Article 54

This municipality shall urge the construction of a service system for rural passenger transportation and logistics, and promote the integrated development of urban-rural traffic and transportation.

The technological conditions of rural roads shall be commensurate with the requirements of the State and this Municipality for the development of rural passenger transportation and logistics.

Article 55

The municipal transportation and road transport administrative departments shall work with the corresponding departments of relevant cities and provinces in the Yangtze River Delta region to establish a joint cross-regional prevention and control mechanism of over-limit road transport, organize the overall planning and distribution of the network of inspection stations for over-limit road transport, strengthen the share of enforcement information, and exercise joint punishment and credit disciplinary sanction on serious violation acts of over-limit transportation in accordance with law.

Chapter V Management of Toll Highways

Article 56

This Municipality shall establish toll highways in accordance with the principles of overall planning, rational distribution and strict control, as well as the provisions of relevant laws and administrative rules.

The establishment of toll highways shall be subject to the approval of the Municipal People’s Government.

Article 57

Toll rates for the passage of vehicles on toll highways shall be jointly determined by the municipal transportation administrative department and the financial and pricing departments of this Municipality in accordance with relevant provisions prescribed by the State and this Municipality.

Article 58

This Municipality shall practice a system of network charging of highway tolls, and shall, according to relevant provisions of the State and this Municipality, construct, operate and maintain the electronic toll collection system, ensure a good technical condition of the system, and provide excellent services to passing vehicles and passengers.

Article 59

The establishment of tollgates on toll highways shall be examined and verified by the municipal transportation administrative department before being submitted to the Municipal People’s Government for approval.

When a toll highway’s tolling duration has expired, the municipal road transport administrative department shall organize the toll-collecting unit to dismantle the tollgates’ facilities.

Article 60

Motor vehicles passing through toll highways shall pay tolls for their passage as required, except for the free passage prescribed by the State.

Article 61

The maintenance of toll highways invested and operated by domestic or foreign economic entities and those that are operated on granted tollage shall be the responsibility of the enterprises operating the said highways.

All highway-operating enterprises shall maintain the highways in accordance with the technical standards and operational procedures prescribed by the State and this Municipality, or entrust qualified highway maintenance operation units to undertake the maintenance.

The municipal road transport administrative department and the district transportation administrative departments shall strengthen the supervision and inspection of the maintenance of toll highways.

Article 62

The road law enforcement of toll highways invested and operated by domestic or foreign economic entities and those that are operated on granted tollages shall be the responsibility of the municipal transportation administrative department.

The temporary occupying or digging of toll highways, or the pipeline and cable network operation or the opening of access connections thereon shall, in addition to the examination and approval by the municipal road transport administrative department, ask for the prior consent of highway operating enterprises. If damage is caused to the highway operating enterprises, due compensations shall be made.

Article 63

The tolling duration of toll highways shall be approved by the Municipal People’s Government, but can not exceed the limit on the number of years set by the State.

Toll highways invested and operated by domestic or foreign economic entities shall be recovered without compensation by the Municipal People’s Government upon the expiration of their term of operation.

Chapter VI Legal Liability

Article 64

In violation of the provisions of Paragraph 1 of Article 30 of these Regulations that a unit has not conduct the maintenance operation in accordance with the provisions, the municipal or district transportation administrative department shall order it to make a correction, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; and can revoke its qualification certificates in case of a refusal to make the correction.

Article 65

In violation of the provisions of Paragraph 4 of Article 36 of these Regulations that anyone has constructed buildings or surface structures or has conducted unauthorized pipeline or cable works in the highway construction control zones, the municipal or district transportation administrative department shall order the violator to demolish them within a prescribed time limit, and may impose a fine of not more than 50,000 yuan; if the demolition has not been done at the expiration of the time limit, the said department shall exercise a mandatory demolishing, and the expenses shall be borne by the party at fault.

Article 66

In violation of the provisions of Paragraph 1 of Article 37 of these Regulations that anyone has damaged the surface of highways, polluted or clogged highways, the municipal or district transportation administrative department shall order the violator to stop the law-breaking acts, and may impose a fine of not more than 5,000 yuan.

Article 67

In violation of the provisions of Paragraph 1 of Article 38, Paragraph 2 of Article 39, Paragraph 1 of Article 40, Paragraph 1 of Article 45, or paragraph 2 of Article 49 of these Regulations that any unit or individual has committed one of the following acts, the municipal or district transportation administrative departments shall order the violator to stop the law-breaking acts, and may impose a fine of not more than 30,000 yuan:

1. unauthorized occupying or digging of highways or land used by highways;

2. unauthorized erection or laying of pipelines or cables within the area of highways or land used by highways;

3. driving over-loading vehicles through highway bridges without authorization; or

4. towing break-down and trouble-causing vehicles on expressways by vehicles other than the professional vehicles for obstacle-clearing operations.

Article 68

In violation of the provisions of Article 41 of these Regulations that anyone has opened additional level crossings or renovated the existing ones on highways without authorization, the municipal or district transportation administrative department shall order the violator to restore them to their original state, and may impose a fine of not more than 50,000 yuan.

Article 69

In violation of the provisions of Paragraph 1 or Paragraph 2 of Article 43 of these Regulations that a unit or an individual has put up sign boards, advertisement boards or other non-highway signs without permission within the limits of highways or land used by highways or uses highway traffic safety facilities, traffic signs, or shade trees to put up an advertisement, the municipal or district transportation administrative department shall order the violator to remove them within a prescribed time limit, and may impose a fine of not more than 20,000 yuan. If the removal has not been done at the expiration of the time limit, the municipal or district transportation administrative departments shall exercise a mandatory removal, and the expenses shall be borne by the violator.

Article 70

In violation of the provisions of Paragraph 2 of Article 56, or Paragraph 1 of Article 59 of these Regulations that anyone has established toll highways or tollgates without approval, the municipal transportation administration department shall order the violator to stop the violation, confiscate the illegal gains, and may impose a fine of not more than 3 times the illegal gains, or a fine of not more than 20,000 yuan in the case of no illegal gains.

Article 71

In violation of the provisions of Article 60 of these Regulations that anyone has not paid the toll as required, the highway operating enterprise shall be entitled to deny the violator’s pass, and demand a make-up payment of the toll.

Article 72

The working personnel of the municipal transportation administrative department, the municipal road transport administrative department and the district transportation administrative departments who neglect their duties, abuse their power, or engage in fraudulent practices to pursue personal ends shall be given administrative sanctions by their respective units or the superior administrative department. Those whose wrongful acts constitute a crime shall be prosecuted for criminal liability according to law.

Article 73

If a vehicle has caused major damages to a highway, the liable person must stop the vehicle at once, keep intact the scene of the accident and report to the municipal road transport administrative department or the district transportation administrative departments for investigation, and shall not leave the scene until after the case has been dealt with.

If improper maintenance of highways has caused damage to passing vehicles or pedestrians, the highway maintenance unit shall be liable for an appropriate compensation.

Article 74

If the municipal road transport administrative department or the district transportation administrative departments have failed to perform their duties prescribed by these Regulations and have made approvals in violation of law, or have made other wrong decisions, the municipal transportation administrative department or the district people’s governments shall have the right to order them to make corrections, or cancel the wrong approval and decision. If the party concerned has suffered direct economic losses, the municipal road transport administrative department or the district transportation administrative departments that have made the approval in violation of law, or have made the wrong decision shall make a compensation in accordance with law.

Article 75

The party that has refused to accept the administrative acts of an administrative department may apply for an administrative reconsideration or file an administrative lawsuit in accordance with the Administrative Reconsideration Law of the People’s Republic of China or the Administrative Litigation Law of the People’s Republic of China.

If the party concerned does not apply for an administrative reconsideration of a specific administrative act, nor file a lawsuit, nor perform the administrative act within a prescribed time limit, the department that has made that specific administrative act may apply for an enforcement by the people’s court.

Chapter VII Supplementary Provisions

Article 76

The road tests and other activities of intelligent connected vehicles on highways shall be conducted according to the relevant provisions of the State and this Municipality.

Article 77

These Regulations shall be effective as of May 1, 2000.