中华人民共和国公路法（第二次修正）

（Adopted at the 26th Session of the Standing Committee of the 8th National People's Congress on 3 July 1997； first amendment made by the > Decision> at the 12th Session of the Standing Committee of the 9th National People's Congress on 31 October 1999； second amendment made by the > Decision> at the 11th Session of the Standing Committee of the 10th National People's Congress on 28 August 2004.）

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

PART ONE　GENERAL PROVISIONS

Article 1　This Law is formulated in order to strengthen construction and administration of roads， to promote road development and to suit the requirements of socialist modernization and of people's lives.

Article 2　This Law applies to all planning， construction， maintenance， management， use and administration of roads within the borders of the People's Republic of China.

The term “roads” as used in this Law includes road bridges， road tunnels and road crossings.

Article 3　Road development should follow the principles of complete planning， rational distribution， assured quality， guaranteed unimpeded passage， environmental protection， and equal emphasis on construction， improvement and maintenance.

Article 4　All levels of people's governments should adopt effective measures to support and promote road building. Road construction should be brought into the national economic and social development plan.

The State shall encourage and guide domestic and foreign economic organizations to invest in road construction and operation in accordance with the law.

Article 5　The State shall assist and support the development of road construction in minority areas， distant border areas and poor areas.

Article 6　Roads shall be divided into national roads， provincial roads， county roads and township roads according to their place in the road network. They shall be divided into expressways， first grade roads， second grade roads， third grade roads and fourth grade roads according to the level of their technology. The precise standards for each category shall be formulated by the State Council department in charge of communications.

Newly constructed roads should meet the technical standards. In the case of uncategorized existing roads which do not meet the lowest technical requirements， measures should be taken gradually to improve them so that they meet the technical requirements.

Article 7　Roads shall be protected by the State. No work unit or individual shall destroy or damage roads or illegally occupy roads， road land or facilities belonging to roads.

All work units and individuals are obliged to protect roads， road land and facilities belonging to roads， and have the right to report to the authorities and lodge complaints about actions which destroy or damage roads， road land or facilities belonging to roads or which affect the safety of roads.

Article 8　The State Council department in charge of communications is in charge of road work nationwide.

Departments in charge of communications of local people's governments above county level are in charge of road work within their administrative district， but the responsibilities of departments in charge of communications of people's governments above county level for administration and monitoring of national and provincial roads shall be decided by the provincial， autonomous region or centrally governed municipality people's government.

Township， minority nationality township and town people's governments are responsible for construction and maintenance of township roads within their administrative area.

Departments in charge of communications of people's governments above county level may decide that road administration organizations shall exercise responsibility for road administration in accordance with the provisions of this Law.

Article 9　It is prohibited for any work unit or individual illegally to erect roadblocks， collect fees， impose fines or intercept vehicles on roads.

Article 10　The State shall encourage scientific and technological research on road work and shall reward work units and individuals for outstanding achievements in research on and utilization of road science and technology.

Article 11　Where this Law has provisions on roads for special use they shall apply to roads for special use.

The term “roads for special use” refers to roads constructed， maintained and administered by enterprises or other work units specifically or principally for transport services for that enterprise or work unit.

PART TWO　ROAD PLANNING

Article 12　Road plans should be drawn up on the basis of the requirements of national economic and social development and of national defence construction and should be co-ordinated with urban construction development plans and development plans for other forms of transport and communications.

Article 13　Planning of land for road construction should be in accord with overall land use plans and the annual use of land for road construction should be brought within the annual construction land use plan.

Article 14　National road plans shall be drawn up by the State Council department in charge of communications in conjunction with the relevant State Council departments and in consultation with the people's governments of the provinces， autonomous regions and centrally-governed municipalities bordering the road， and shall be reported to the State Council for approval.

Provincial road plans shall be drawn up by the provincial， autonomous region or centrally governed municipality people's government departments in charge of communications in conjunction with the relevant departments at the same level and in consultation with the lower level people's governments bordering the road. They shall be reported to the people's government of the province， autonomous region or centrally-governed municipality for approval and put on file with the State Council department in charge of communications.

County road plans shall be drawn up by the county level people's government departments in charge of communications in conjunction with the relevant departments at the same level. They shall be reported to the immediately superior level people's government for approval once they have been examined and approved by the same level people's government.

Township road plans shall be drawn up by the county level people's government departments in charge of communications with the assistance of township， minority nationality township and town people's governments and reported to the county level people's government for approval.

County and township road plans approved in accordance with Paragraphs 3 and 4 should be reported to and put on file at the department in charge of communications immediately superior to the approving authority.

Provincial road plans should be co-ordinated with national road plans. County road plans should be co-ordinated with provincial road plans. Township road plans should be co-ordinated with county road plans.

Article 15　Road for special use plans shall be drawn up by the work unit in charge of the road for special use and， after examination and approval by the superior department in charge， shall be reported to the department in charge of communications of the people's government above county level for verification.

Road for special use plans should be co-ordinated with road plans. Departments in charge of communications of people's governments above county level which discover aspects of road for special use plans not in co-ordination with national， provincial， county or township road plans should suggest amendments. The departments and work unit in charge of the road for special use should make corresponding amendments.

Article 16　Local adjustments to national road plans shall be decided by the authority which drew up the plans. If national road plans require major amendment an amended plan shall be put forward by the authority which drew up the plans and reported to the State Council for approval.

If approved provincial， county or township road plans require amendment an amended plan shall be put forward by the authority which drew up the plans and reported to the original approving authority for approval.

Article 17　The names and symbols of national roads shall be decided by the State Council department in charge of communications. The names and symbols of provincial， county and township roads shall be decided by the department in charge of communications of the provincial， autonomous region or centrally governed municipality people's government in accordance with the relevant regulations of the State Council department in charge of communications.

Article 18　Planning and new construction of villages， small towns and development zones shall preserve the stipulated distance from roads and shall avoid encroaching on roadsides in order to prevent roads from becoming streets and so affecting safe and unimpeded passage on roads.

Article 19　The State shall encourage use of roads for special use for public transport. When roads for special use are used principally for public transport they may， on the application of the work unit in charge of the road for special use or of the relevant party with the agreement of the work unit in charge of the road for special use， and with the approval of the provincial， autonomous region or centrally governed municipality people's government department in charge of communications， be redesignated as provincial， county or township roads.

PART THREE　ROAD CONSTRUCTION

Article 20　Departments in charge of communications of people's governments above county level should safeguard the orderly construction of roads in accordance with their duties and should strengthen monitoring and administration of road construction.

Article 21　As well as finances allocated by all levels of people's governments， including those transformed from funds collected in accordance with the law by tax levy for use on road construction， funds may also be borrowed in accordance with the law from domestic and foreign financial institutions or foreign governments.

The State shall encourage domestic and foreign economic organizations to invest in road construction. Companies developing and operating roads may in accordance with the law and administrative regulations raise funds through issue of shares or company bonds.

Revenue from road toll rights which are assigned in accordance with the provisions of this Law must be used on road construction.

The raising of funds from enterprises and individuals for road construction must be in accord with need and ability. The principle of giving voluntarily shall be upheld. Levies must not be apportioned compulsorily and fund raising must be in accordance with the relevant State Council regulations.

Road construction funds may also be raised in other ways in keeping with the law and State Council regulations.

Article 22　Road construction should be carried out in accordance with the infrastructure procedure stipulated by the State and with the relevant regulations.

Article 23　Road construction projects should implement a legal person responsibility system， a tender system and a project management system in accordance with the relevant State regulations.

Article 24　Road construction work units should select suitably qualified survey and design work units， construction work units and project management work units in line with the characteristics and technical demands of the road construction project， and should sign separate contracts clarifying the rights and obligations of both sides in accordance with the provisions of the relevant laws and regulations and the requirements of the road project technical standards.

Feasibility study work units， survey and design work units， construction work units and project management work units undertaking road construction projects must hold the qualification certificates stipulated by the State.

Article 25　Reports on construction of road construction projects must be submitted for approval to the department in charge of communications of the local people's government above county level in accordance with the regulations of the State Council department in charge of communications.

Article 26　Road construction must be in accordance with road project technical standards.

Design work units， construction work units and project management work units undertaking road construction projects should in accordance with the relevant State regulations set up a good quality assurance system， implement a post responsibility system， and carry out design， construction and management in accordance with the relevant laws and regulations， the road project technical standards and the clauses of the contracts， and ensure the quality of the road project.

Article 27　Use of land for road construction shall be handled in accordance with the provisions of the relevant laws and administrative regulations.

Road construction should follow the principle of protecting cultivated land and of using land economically.

Article 28　No work unit or individual shall obstruct or illegally impose charges on road construction for which it is necessary to use State-owned barren hills and uncultivated land， or to extract sand， rock or earth from State-owned barren hills， uncultivated land， river banks or beaches， once this has been handled in accordance with the stipulations of the relevant laws and administrative regulations.

Article 29　All levels of local people's governments should support and assist road construction in land use and in moving people in accordance with the law.

Article 30　Design and construction of road construction projects should be in accordance with the legal requirements to protect the environment， protect cultural relics and prevent loss of water and soil.

Road construction projects involving national defence requirements in the road plan should be constructed strictly in accordance with the plan in order to safeguard national defence communications.

Article 31　When road construction affects the normal use of railways， irrigation works， electricity， posts and telecommunications facilities and other facilities， the road construction work unit should obtain the consent of the relevant departments in advance. When road construction damages the relevant facilities the road construction work unit should restore such facilities to a technical standard no lower than they were originally， or give corresponding economic compensation.

Article 32　When rebuilding roads， construction work units should erect clear construction and safety signs at either end of the stretch of road under construction. If vehicles have to make a detour signs should be erected at the mouth of the alternative route. If they cannot detour a temporary road must be constructed to ensure that vehicles and pedestrians can pass.

Article 33　After work is finished on road construction projects and road repair projects they should be checked in accordance with the relevant national regulations. Those which have not been checked or which are found to be not up to standard must not be put into use.

Article 34　Local people's governments above county level should ascertain that the outer edge of the ditches （drainage ditches and slope protection ditches， the same applies below） on either side of the road starts not less than one metre from the road.

PART FOUR　ROAD MAINTENANCE

Article 35　Road administration organizations should maintain roads in accordance with the technical standards and operating rules stipulated by the State Council department in charge of communications， and ensure that roads are normally in a good technical state.

Article 36　Road maintenance funds shall be collected by the State through tax levy in accordance with the law. The detailed implementing procedures and steps shall be stipulated by the State Council.

Roads maintenance funds collected by tax in accordance with the law must be particularly used on road maintenance and re-construction issues.

Article 37　County and township level people's governments should assist and co-ordinate the obtaining of sand， rock， earth and water required for road maintenance.

Article 38　County and township level people's government should， in accordance with the relevant national regulations， include the organization within rural compulsory work of the obligatory provision of labour by rural residents living along roads to build and maintain roads.

Article 39　In order to ensure the physical safety of road maintenance personnel they should when carrying out maintenance work wear uniform safety apparel. When vehicles are used in road maintenance work these should be clearly marked when working on the roads.

When road maintenance vehicles are working， their route and direction of travel are not subject to road markings or restrictions as long as this does not affect passing vehicles. Passing vehicles should give way to road maintenance vehicles and personnel.

When road maintenance project construction affects passing vehicles and pedestrians the construction work unit should act in accordance with Article 32 of this Law.

Article 40　If national or provincial road communications are cut because of serious natural disaster the road administration departments should effect timely repairs. If it is difficult for them to do so local people's governments above county level should in a timely fashion organize rush repairs by local authorities， groups， enterprise and business work units and urban and rural residents. They may request assistance from locally stationed armed forces to repair communications as quickly as possible.

Article 41　Road administration organizations shall be responsible for the maintenance of land and water on slopes and uncultivated land that are included in road land.

Article 42　Work on greening roads shall be organized and implemented by road administration organizations in accordance with the technical standards for road projects.

Trees on land used for roads must not be felled arbitrarily. If regeneration felling is necessary the examination and approval procedure should be carried out in accordance with the stipulations of the PRC， Forestry Law once consent has been obtained from the department in charge of communications of the local people's government above county level， and regeneration replanting should be completed.

PART FIVE　ROAD ADMINISTRATION

Article 43　All levels of local people's government should take measures to improve the protection of roads.

Departments in charge of communications of local people's government above county level should discharge their duties diligently， protect roads properly in accordance with the law， work hard to adopt scientific administration methods and advanced technical methods， improve the standard of road administration， gradually perfect road service facilities and ensure that roads are in good condition， safe and unimpeded.

Article 44　No work unit or individual shall occupy or excavate roads without authority.

If because of construction of railways， airports， power stations， communications facilities， water conservancy projects or other construction projects it is necessary to occupy or dig up roads， or to change their path， the construction work unit should obtain the consent of the department in charge of communications before the event. If traffic safety will be affected they must also obtain the consent of the relevant public security authorities. If roads are occupied or dug up， or their path is changed， the construction work unit should repair or construct the affected section to a technical standard not lower than the original road， or pay the corresponding economic compensation.

Article 45　The consent of the department in charge of communications should be obtained beforehand for the construction of facilities which span or cut across roads such as bridges， aqueducts and overhead or underground pipelines as well as for facilities such as overhead or underground pipelines， electric cables etc on road land. If traffic safety will be affected the consent of the relevant public security authorities must also be obtained. The constructed， erected or buried facilities should meet the road engineering technical standards. Compensation for damage caused to roads should be paid in line with the degree of damage caused.

Article 46　No work unit or individual shall set up constructions， stack goods， dump rubbish， erect obstacles or dig water channels on roads or road land， use roadside ditches to discharge pollutants， or commit any other action to damage or pollute roads or affect free passage.

Article 47　It is not permitted to dig sand， stone or earth， to discard waste， to carry out blasting or to commit any other action which endangers the safety of road bridges， road tunnels and road crossings within 200 metres of large or medium-sized road bridges or crossings， within 100 metres of the ceiling of and entrances to road tunnels， and within a set distance of either side of the road.

If it is necessary to construct dykes or dams or to reduce or widen riverbeds within the limits defined in the preceding paragraph in order to deal with an emergency or prevent or control floods， this must be reported beforehand to the people's government department in charge of communications and the department in charge of water administration of the province， autonomous region or centrally governed municipality. Effective measures shall be taken to ensure the safety of the roads， road bridges， road tunnels and road crossings concerned.

Article 48　With the exception of agricultural machinery which must drive short distances along roads to move between local fields， iron-wheeled vehicles， tracked vehicles and other machinery which may damage the road surface are not permitted to drive on the roads. If it is necessary to do so the consent of the department in charge of communications of the local people's government above county level must be obtained， effective safeguards taken and the journey made at the time and along the route set by the public security authorities. Compensation should be paid for damage caused to the roads in accordance with the degree of damage.

Article 49　The axle load quality of vehicles using the roads should be in accord with the road engineering technical standards.

Article 50　Vehicles which exceed the weight， height， width or length restrictions for roads， road bridges， road tunnels or vehicle ferries must not use roads， road bridges， road tunnels or vehicle ferries for which such restrictions are prescribed. If vehicles which exceed the weight limit for roads or road bridges must use such roads or bridges， approval must be obtained from the department in charge of communications of the local people's government above county level and effective safeguards taken. Transport of goods of a size that exceed the limits but which cannot be broken up should take place at the designated time and along the designated route， and clear signs should be hung on the vehicle.

Transport work units unable to adopt safeguards as stipulated in the preceding paragraph shall be assisted to do so by the department in charge of communications. The necessary costs shall be borne by the transport work unit.

Article 51　Motorized vehicle manufacturers and other work units must not use roads as testing grounds for testing the brake performance of motorized vehicles.

Article 52　No work unit or individual shall damage， move without authority or alter facilities belonging to roads.

The term “facilities belonging to roads” as used in the preceding paragraph refers to facilities， equipment and special constructions and buildings installed for road protection， drainage， maintenance， administration， services， traffic safety， crossing， supervision and control， signals or fee collection in order to protect and maintain roads and ensure safe and unimpeded passage.

Article 53　Those responsible for damage to roads should make a timely report to the road administration organization and be subject to an on-site investigation by the road administration organization.

Article 54　No work unit or individual shall erect any sign other than road signs on road land without approval from the department in charge of communications of the local people's government above county level.

Article 55　The construction of additional level crossings on roads must be approved in accordance with the relevant national regulations and constructed in accordance with the stipulated national technical standards.

Article 56　It is prohibited to construct buildings or surface structures within the construction control zone on either side of roads except for those required for road protection and maintenance. If it is necessary to install underground pipelines or cables in the construction control zone this must be approved beforehand by the department in charge of communications of the local people's government above county level.

The extent of the construction control zone shall be set by the local people's government above county level on the principle of ensuring road safety and economic use of land and in accordance with State Council regulations.

Once the extent of the construction control zone is set by the local people's government in accordance with the preceding paragraph， the department in charge of communications of the local people's government above county level shall erect marking posts and boundary markers. No work unit or individual may damage or move without authority these marking posts and boundary markers.

Article 57　With the exception of the responsibilities stipulated in Paragraph 2 of Article 47 of this Law， the road administration duties stipulated in this Part as being carried out by the department in charge of communications may， in accordance with Paragraph 4 of Article 8 of this Law， be carried out by road administration organizations.

PART SIX　TOLL ROADS

Article 58　The State shall permit the establishment of toll roads in accordance with the law but at the same time shall restrict their number.

It is prohibited to collect a vehicle toll on any road other than those stipulated in Article 59 as roads on which a vehicle toll may be collected.

Article 59　Vehicle tolls may be collected in accordance with the law on the following roads which are in accord with the regulations of the State Council department in charge of communications on technical grade and scale：

1. Roads built by departments in charge of communications of local people's governments above county level with loans， or with funds raised from enterprises or individuals；

2. Roads for which domestic or foreign economic organizations have in accordance with the law been assigned the right pre-project to collect tolls； and

3. Roads built with investment from domestic or foreign economic organizations.

Article 60　The limit on the period of toll collection on roads built by departments in charge of communications of local governments above county level with loans or raised funds shall be decided by the provincial， autonomous region or centrally governed municipality people's government in accordance with the regulations of the State Council department in charge of communications on the principle of collecting tolls to repay the loan or to raise funds.

Roads for which there is compensated transfer of road toll rights shall after the transfer of the rights run by the assignee collecting the tolls. The period of transfer of toll rights shall be agreed upon by the assignor and assignee and reported to the authority examining and approving toll rights for examination and approval. But the period may not exceed the number of years stipulated by the State Council.

The building of roads with investment from domestic or foreign economic organizations must be examined and approved in accordance with the relevant national regulations. Once the road is constructed it shall be operated and the toll collected by the investor. The period of operation and toll collection shall be agreed between the relevant department in charge of communications and the investor and examined and approved in accordance with the relevant national regulations on the principle of recouping the investment and making a reasonable return， but it may not exceed the number of years stipulated by the State Council.

Article 61　The transfer of toll rights on national roads of the sort stipulated in Item 1， Paragraph 1 of Article 59 must be approved by the State Council department in charge of communications. The transfer of toll rights on roads other than national roads must be approved by the provincial， autonomous region or centrally governed municipality people's government and reported to the State Council department in charge of communications to be put on file.

The minimum transaction price for assignment of road toll rights as stipulated in the preceding paragraph shall be decided on the basis of the value estimated by the State-owned asset valuation organization.

Article 62　Domestic and foreign economic organizations which have been assigned road toll rights or which have invested in road construction should in accordance with the law set up enterprises to develop and operate roads （hereafter “road operation enterprises”）。

Article 63：The work unit collecting the toll road vehicle toll shall propose a plan for the level of road vehicle toll to be collected which shall be reported to the provincial， autonomous region or centrally governed municipality people's government department in charge of communications and the department in charge of price administration at the same level for examination and approval.

Article 64　Vehicle toll collecting stations set up on toll roads should be reported to the provincial， autonomous region or centrally governed municipality people's government for examination and approval. Vehicle toll collecting stations set up on toll roads spanning provinces， autonomous regions and centrally governed municipalities shall be discussed and decided by the people's governments of the provinces， autonomous regions and centrally governed municipalities involved. If agreement cannot be reached through discussion they shall be decided by the State Council department in charge of communications. If construction of a single toll road has been organized by various different departments in charge of communications or if a single toll road is operated by various different road operating enterprises then an overall plan should be drawn up and toll stations distributed rationally on the principle of “unified collection of fees with proportional division”。

The distance between two toll stations must not be less than the standard stipulated by the State Council department in charge of communications.

Article 65　In the case of roads for which there is compensated transfer of toll collection rights， the toll collection rights shall revert to the transferor when the period agreed in the toll collection rights transfer contract has expired.

In the case of toll roads built with investment from， and operated by， domestic or foreign economic organizations， the road shall revert to the State without compensation when the agreed operating period has expired and be administered by the relevant department in charge of communications.

Article 66　Maintenance work on roads for which the toll collection rights have been assigned in accordance with Article 59 or which have been built with investment from， and are operated by， domestic or foreign economic organizations shall be the responsibility of the road operating enterprise. The road operating enterprise shall maintain the road properly during the operating period in accordance with the technical and operating standards stipulated by the State Council department in charge of communications. The road should be in a good state of technical repair when the assignment or operating period is up.

Road greening and soil and water maintenance within the road land area as stipulated in the preceding paragraph shall be the responsibility of the road operating enterprise.

Part Five of this Law applies to road administration as stipulated in the first paragraph. Road administration duties shall be carried out by the department in charge of communications of the local people's government above county level or by organizations and personnel belonging to the road administration organization.

Article 67　Those who cause losses to road operating enterprises through carrying out the activities listed in Paragraph 2 of Article 44， Article 45， Article 48 and Article 50 shall pay the corresponding compensation except for when such activities are carried out in accordance with the stipulations in those articles.

Article 68　The specific procedures for administration of toll roads shall be formulated by the State Council in accordance with this Law.

PART SEVEN　SUPERVISION AND INSPECTION

Article 69　Communications administration departments and road administration organizations shall in accordance with the law supervise and inspect law and regulation enforcement on the relevant roads.

Article 70　Communications administration departments and road administration departments shall be responsible for the administration and protection of roads. They have the right to investigate and put a stop to all activities which encroach on or damage roads， road land or facilities belonging to roads and to investigate and put a stop to other activities in violation of this Law.

Article 71　No work unit or individual may obstruct road supervision and inspection personnel when they are supervising or inspecting roads， construction control zones， parking areas， work unit ownership of vehicles etc in accordance with the law.

Road operators， road users and other relevant work units and individuals should accept supervision and inspection by road supervision and inspection personnel in accordance with the law and should facilitate supervision and inspection.

Road supervision and inspection personnel should when carrying out their duties wear badges and carry proof to work.

Article 72　Communications administration departments and road administration departments should strengthen administration and education of their supervision and inspection personnel and require such personnel to be familiar with the relevant national laws and regulations， to be impartial and honest， to serve enthusiastically and to enforce the law impartially. They should strengthen supervision and inspection law enforcement acts of road supervision and inspection personnel， correct illegal behaviour in a timely fashion and deal with it in accordance with the law.

Article 73　Special vehicles used for road supervision and inspection should bear unified markings and show warning lights.

PART EIGHT　LEGAL LIABILITY

Article 74　Those who in violation of the law or of the relevant State Council regulations erect roadblocks and collect fees on roads without authorization shall be ordered to stop their illegal activity by the department in charge of communications. Their illegal income shall be confiscated and they may be fined up to three times their illegal gains. Those with no illegal gains may be fined up to Rmb 20，000. Those in charge with direct responsibility or others directly responsible for such acts shall be administratively penalized in accordance with the law.

Article 75　Those who in violation of Article 25 of this Law start construction work without the authorization of the department in charge of communications may be ordered by the department to stop construction and may be fined up to Rmb 50，000.

Article 76　Those committing one of the following illegal acts shall be ordered by the department in charge of communications to stop their illegal activity and may be fined up to Rmb 30，000：

1. Unauthorized occupation or digging up of roads in violation of Paragraph 1， Article 44 of this Law；

2. Construction of facilities such as bridges and crossings or overhead or underground pipelines and cables without consent or not in accord with the road engineering technical standards in violation of Article 45 of this Law；

3. Conduct which endangers road safety in violation of Article 47 of this Law；

4. Driving on the road without authorization an iron-wheeled vehicle， tracked vehicle or other machine likely to damage the road surface in violation of Article 48 of this Law；

5. Use of vehicle ferries with a vehicle that exceeds the restrictions or driving a vehicle that exceeds the restrictions on the road without authorization in violation of Article 50 of this law； or

6. Those who damage， move or alter facilities belonging to roads， or who damage or move construction control zone marker stakes or border markers， in a way likely to endanger road safety in violation of Articles 52 and 56 of this Law.

Article 77　Those who in violation of Article 46 of this Law damage or pollute the road surface or impede passage along the road， or who in violation of Article 51 use the road as a testing ground， shall be ordered by the department in charge of communications to stop their illegal activity and may be fined up to Rmb 5，000.

Article 78　Those who in violation of Article 53 of this Law cause damage to the road and fail to report it shall be fined up to Rmb 1，000 by the department in charge of communications.

Article 79　Those who in violation of Article 54 of this Law erect signs other than road signs on road land shall be ordered to remove these within a set period by the department in charge of communications and may be fined up to Rmb 20，000. Signs that are not removed within the time limit shall be removed by the department in charge of communications and the cost borne by those who erected the sign.

Article 80　Those who in violation of Article 55 of this Law add level crossings on the road without approval shall be ordered by the department in charge of communications to restore the road to its original state and may be fined up to Rmb 50，000.

Article 81　Those who in violation of Article 56 of this Law construct facilities such as buildings or surface structures， or unauthorized underground pipeline or cables， within the road construction control zone shall be ordered by the department in charge of communications to remove these within a set period and may be fined up to Rmb 50，000. Those which are not removed within the time limit shall be removed by the department in charge of communications and the cost borne by the builder or constructor.

Article 82　With the exception of the stipulations in Articles 74 and 75 hereof， the administrative penalties and measures which it is stipulated in this Part be carried out by the department in charge of communications can， in accordance with Paragraph 4， Article 8 of this Law， be carried out by the road administration organization.

Article 83　Obstruction of road construction or of rush repairs to roads so that road construction or rush repairs cannot proceed normally， but which does not cause serious loss， can be penalized in accordance with Article 19 of the administration of public order penalties regulations.

Damage to roads or unauthorized movement of road signs liable to affect traffic safety but insufficient to merit criminal sanctions shall be penalized in accordance with Article 20 of the administration of public order penalties regulations.

Rejection or obstruction of road monitoring and investigation personnel carrying out their duties in accordance with the law which does not involve use of force or threats shall be penalized in accordance with Article 19 of the administration of public order penalties regulations.

Article 84　In accordance with the law， criminal responsibility for violations of the provisions of this Law which constitute a crime shall be prosecuted.

Article 85　Those who in violation of the relevant provisions of this Law cause damage to roads should bear the civil responsibility in accordance with the law.

Vehicles which cause relatively major damage to roads must stop immediately， protect the site and report to the road administration organization. They may only leave when they have been subject to investigation and processing by the road administration organization.

Article 86　Staff of departments in charge of communications and of road administration organizations who neglect their duties， act wrongly in order to serve their friends or relatives， or abuse their powers shall be prosecuted for criminal responsibility in accordance with the law when such acts constitute a crime. Acts which do not constitute a crime shall be penalized administratively.

PART NINE　SUPPLEMENTARY PROVISIONS

Article 87　This Law shall be effective as of 1 January 1998.