中华人民共和国公路法（二）

Departments of communications shall help the transportation units unable to take protective measures in accordance with the provisions of the preceding paragraph to take protective measures， and necessary expenses shall be borne by the transportation units.

Article 51 Motor vehicle manufacturing plants and other units must not use highways as vehicle testing sites for testing and measuring the braking performance of motor vehicles.

Article 52 No unit or individual shall damage， shift without authorization and alter the ancillary facilities of highways.

The ancillary facilities of highways in the preceding paragraph refer to facilities and equipment of highway protection， drainage， maintenance， administration， services， traffic safety， ferrying， monitoring， telecommunications and toll collection installed for highway protection and maintenance and ensuring highway safety and unimpeded traffic as well as special-purpose constructions and structures.

Article 53 Those responsible for causing damage to highways should report in time to agencies of highway administration and accept the on-the spot investigation of the agencies of highway administration.

Article 54 No unit or individual shall， without the approval of the department of communications of People's Governments above the county level， install any other signs other than highway signs within the range of land for highway use.

Article 55 Establishment of additional surface crossing points on highways must be subjected to approval in accordance with the relevant provisions of the State and constructed in accordance with the technical standards prescribed by the State.

Article 56 Except for those required for highway protection and maintenance， construction of buildings and surface structuress within the construction control areas on either side of highways is forbidden； where such facilities of laying of pipes， wires and cables are necessary within the construction control areas， approval of the department of communications of local People's Government above the county level should be obtained in advance.

The range of construction control areas prescribed in the preceding paragraph shall be demarcated by local People's Governments above the county level according to the principle of ensuring highway operational safety and economy inland use and in accordance with the provisions of the State Council.

Upon demarcation of the range of the construction control areas by local People's Governments above the county level pursuant to the provisions of the preceding paragraph， the departments of communications of local People's Governments above the county level shall install sign markers and boundary markers. No unit or individual shall damage and move the sign markers and boundary markers without authorization.

Article 57 Except for the provisions of the second paragraph of Article 47 of this Law， the duties and responsibilities performed by departments of communications prescribed in this Chapter can be performed by agencies of highway administration pursuant to the provisions of the fourth paragraph of Article 8 of this Law.

Chapter VI Toll Highways

Article 58 The State permits building of toll highways according to law， and in the meantime exercises control over the number of toll highways.

Except for the highways prescribed in Article 59 of this Law which may collect tolls for vehicle passage， collection of tolls for vehicle passage by any highway shall be prohibited.

Article 59 The following highways which comply with the technical grades and scales prescribed by the department of communications under the State Council may collect tolls for vehicle passage in accordance with law：

（1）highways built by departments of communications of local People's Governments above the county level by utilizing loans or funds raised from enterprises and individuals；

（2）highways of the preceding section of which domestic and foreign economic organizations are the tranferees of the toll collection right of toll highways in accordance with law； and

（3）highways built with investment by domestic and foreign economic organizations in accordance with law.

Article 60 The time period of toll collection of toll highways built by the departments of communications of local People's Governments above the county level with loans or raised funds shall be determined by the People's Governments of the provinces， autonomous regions and municipalities directly under the Central Government in accordance with the principle of paying back the loans and raised funds with collected tolls pursuant to the provisions of the department of communications under the State Council.

Highways the toll collection right of which has been transferred with compensation， the transferees shall collect the tolls and operate the highways upon transfer of the toll collection right. The time period for the transfer of toll collection right shall be agreed upon by the tranfer or and transferee and submitted to the examination and approval organ of transfer of toll collection right for examination and approval； however， the longest time period must not exceed the duration of years prescribed by the State Council.

Construction of highways with investment by domestic and foreign economic organizations must go through formalities of examination and approval in accordance with the relevant provisions of the State； upon completion of the highways， the investors shall collect tolls and operate them. The time period of toll collection and operations shall be agreed upon by the departments of communications and the investors according to the principle of recouping the capital outlay and reasonable economic return and complete formalities of examination and approval in accordance with the relevant provisions of the State； however， the longest time period must not exceed the duration of years prescribed by the State Council.

Article 61 The transfer of the toll collection right of the state highway sector of the highways prescribed in Section 1 of the first paragraph of Article 59 of this Law must be subjected to the approval of the department of communications under the State Council； transfer of toll collection right of highways other than state highways must be subjected to the approval of the People's Governments of the provinces， autonomous regions and municipalities directly under the Central Government， and submitted to the department of communications under the State Council for the record.

The minimum knock-down price of the transfer of the toll collection right of highways prescribed in the preceding paragraph shall be determined on the basis of the value evaluated by the state-owned assets evaluation agencies.

Article 62 Domestic and foreign economic organizations accepting the transfer of toll collection right and investing in the construction of highways should establish enterprises of highway development and operations（hereinafter referred to as highway operations enterprises） in accordance with law.

Article 63 Toll collection units shall put forward proposals for rates for vehicle passage of toll highways which shall be submitted to the departments of communications of the People's Governments of the provinces， autonomous regions and municipalities directly under the Central Government for examination and approval in conjunction with the departyments of price administration at the same level.

Article 64 Establishment of toll stations for the collection of vehicle passage toll on toll highways should be submitted to the People's Governments of the provinces， autonomous regions and municipalities directly under the Central Government for examination and approval. Establishment of toll stations for the collection of vehicle passage toll on cross-province， cross-autonomous region and cross-municipality directly under the Central Government highways shall be determined by the provinces， autonomous regions and municipalities directly under the Central Government concerned through consultation； it shall be decided upon by the department of communications under the State Council in case of failure in consultation. Establishment of toll stations on the same toll highway built by different departments of communications or operated by different highway operations enterprises should follow the principle of “unified toll collection and percentage sharing”， overall planning and rational establishment.

Distance between two toll stations must not be shorter than the standards prescribed by the department of communications under the State Council.

Article 65 On expiration of the duration agreed upon in the contract on the transfer of toll collection right， the toll collection right of the highways the toll collection right of which has been transferred with compensation shall be with drawn by the transferors.

Toll highways built with investment and operated by domestic and foreign economic organizations in accordance with the provisions of this Law shall be taken back by the State without compensation on expiration of the duration of operations agreed upon and managed by the departments of communications concerned.

Article 66 The maintenance work of the highways the transfer of the toll collection right of which has been accepted or built with investment and operated by domestic and foreign economic organizations pursuant to the provisions of Article 59 of this Law shall be the responsibility of the said respective highway operations enterprises. The said respective highway operations enterprises should， in accordance with the technical standards and operations procedures prescribed by the department of communications under the State Council carry out effective highway maintenance during the period of operations. The highways should be in a good technical condition on the expiration of the duration of the transfer of toll collection right or the expiration of the duration of operations.

Tree-planting along the highways and soil and water conservation within the range of land for highways prescribed in the preceding paragraph shall be the responsibility of the said respective highway operations enterprises.

Provisions of Chapter V of this Law apply to highway administration of the highways prescribed in the first paragraph. The duties and responsibilities of highway administration of the said highways shall be performed by the departments of communications of local People's Governments above the county level or the representative organs and personnel of agencies of highway administration.

Article 67 For engagement in activities on toll highways listed in the second paragraph of Article 44， and Articles 45，48 and 50 of this Law， in addition to the provisions of the respective Articles， corresponding compensation should be given for losses caused by the highway operations enterprises to the highways.

Article 68 Specific control measures for toll highways shall be worked out by the State Council pursuant to this Law.

Chapter VII Supervision and Inspection

Article 69 Departments of communications and agencies of highway administration conduct supervision and inspection on the enforcement of laws and regulations related to highways in accordance with law.

Article 70 Departments of communications and agencies of highway administration which bear the responsibility of highway administration and protection have the power to inspect and stop the acts of infringing and damaging highways， land for highway use and the ancillary facilities of highways as well as other acts in contravention of the provisions of this Law.

Article 71 No unit or individual shall obstruct when highway supervisor inspectors conduct supervision and inspection on highways， in construction control areas， vehicle parking sites and vehicle ownership units according to law.

Highway operators， users and other concerned units and individuals should accept the supervision and inspection conducted by highway supervisor inspectors according to law and provide facilities for them.

Highway supervisor-inspectors should wear badges and identification tags while performing official duties.

Article 72 Departments of communications and agencies of highway administration should step up the administration and education of the highway supervisor-inspectors under them， require that the highway supervisor inspectors be conversant with the relevant laws and provisions of the State， be just， clean and honest， enthusiastic in services， fair in law enforcement， should step up supervision and inspection on the acts of law enforcement by highway supervisor-inspectors， and correct in time their law-breaking acts and deal with them in accordance with law.

Article 73 Uniform signs and warning lights should be installed on special-purpose vehicles for highway supervision and inspection.

Chapter VIII Legal Responsibility

Article 74 Whoever set up posts and collect tolls on highways without authorization in violation of law or the relevant provisions of the State Council， the departments of communications shall direct them to stop the law-breaking acts， confisticate the illegal income and may impose a fine under RMB 20 000 Yuan； administrative penalties shall be meted out to persons-in-charge directly responsible and other personnel directly responsible in accordance with law.

Article 75 Whoever carry out construction on their own without the approval of the departments of communications concerned in violation of the provisions of Article 25 of this Law， the departments of communications may direct them to stop the construction and may impose a fine under RMB 50 000 Yuan.

Article 76 Whoever fails to pay the payable highway construction fees and maintenance fees in accordance with the relevant provisions of the State， the department of communications shall direct him/her to make the payment within the specified period and collect surcharge for overdue payment on a daily basis starting from the date of delaying payment； whoever fails to make the payment on expiry of the specified period， a fine under 300% of the amount of delaying payment shall be imposed and the department of communications shall request the people's court for compulsory enforcement according to law.

Article 77 Whoever has committed any of the following illegal acts， the department of communications shall direct him/her to stop the illegal acts， and may impose a fine under RMB 30 000 Yuan： （1）occupying and digging highway without authorization in violation of the first Paragraph of Article 44 of this Law； （2）construction of bridges， aqueducts or erection of wires and laying of pipes and cables without approval or not in accordance with the requirements of the highway engineering technical standards in violation of the provisions of Article 45 of this Law； （3）engagement in operations endangering highway safety in violation of the provisions of Article 47 of this Law； （4）Iron-wheel vehicles， tracked vehicles and other machineries which might damage the road surface running on highways without authorization in violation of the provisions of Article 48 of this Law； （5）vehicles using motor vehicle ferries exceeding the restrictions or running on highways exceeding the restrictions in violation of the provisions of Article 50 of this Law； and （6）damaging， shifting and altering of highway ancillary facilities or damaging and shifting of sign markers and boundary markers within construction control areas which might endanger highway safety in violation of the provisions of Articles 52 and 56 of this Law.

Article 78 Whoever causes damage to the road surface of highways， pollution or affects unimpeded traffic on highways in violation of the provisions of Article 46 of this Law； or whoever uses highways as vehicle testing sites in violation of the provisions of Article 51 of this Law， the department of communications shall direct him/her to stop the illegal acts， and may impose a fine under RMB 5000 Yuan.

Article 79 Whoever causes damage to highways and fails to report the same in violation of the provisions of Article 53 of this Law， the department of communications shall impose a fine under RMB 1000 Yuan.

Article 80 Whoever installs signs other than highway signs within the range of land for highway use in violation of the provisions of Article 54 of this Law， the department of communications shall direct him/her to dismantle the same within the specified period and may impose a fine under RMB 20 000 Yuan； failure to dismantle the same on expiry of the specified period， the dismantling shall be carried out by the department of communications and the expenses involved shall be borne by the installer.

Article 81 Whoever establishes additional surface crossing points on highways without approval in violation of the provisions of Article 55 of this Law， the department of communications shall direct him/her to restore the original state， and impose a fine under RMB 50 000 Yuan.

Article 82 Whoever constructs buildings and surface structures or lays pipes， wires and cables in highway construction control areas without authorization in violation of the provisions of Article 56 of this Law， the department of communications shall direct him/her to dismantle the same within the specified time period， and may impose a fine under RMB 50 000 Yuan. The department of communications shall dismantle those which have not been dismantled on expiry of the specified time period， and the expenses involved shall be borne by the or builder or constructor.

Article 83 Except for the provisions of Articles 74 and 75 of this Law， the administrative penalty power to be exercised and administrative measures to be taken by the department of communications as prescribed in this Chapter may be exercised by agencies of highway administration pursuant to the provisions of the fourth Paragraph of Article 8 of this Law.

Article 84 Obstruction of highway construction or highway emergency repair resulting in impossibility to carry on normal highway construction or emergency repair yet without causing serious damage， penalty pursuant to the provisions of Article 19 of the Penalties for Violation of Public Security Regulations.

For damage and destruction of highways or shifting of highway signs without authorization which might affect traffic safety but not serious enough to warrant criminal penalties， penalties shall be meted out pursuant to the provisions of Article 20 of the Penalties for Violation of Public Security Regulations.

For rejection and obstruction of performance of duties by highway supervisor-inspectors according to law without using methods of violence and threat， penalties shall be meted out pursuant to the provisions of Article 19 of the Penalties for Violation of Public Security Regulations.

Article 85 Whoever commits violations of the relevant provisions of this Law which constitute a criminal offence shall be investigated of his/her criminal responsibilities.

Article 86 Whoever causes damage to highways in violation of the relevant provisions of this Law should bear civil responsibilities in accordance with law.

Vehicles causing great damage to highways must stop forthwith， the scene of the accident should be kept intact， are port should be made to the agency of highway administration and the said vehicle can only leave upon investigation and handling by the agency of highway administration.

Article 87 Functionaries of the departments of communications and agencies of highway administration whose negligence of duty， malpractices for selfish ends and abuse of power constitute a criminal offence shall be investigated of their criminal responsibilities； those whose acts do not constitute a criminal offence shall be given administrative sanctions according to law.

Chapter IX Supplementary Provision

Article 88 This Law shall come into force as of January 1， 1998.

APPENDIX： RELEVANT ARTICLES OF PENALTIES FOR VIOLATION OF PUBLIC SECURITY REGULATIONS

Article 19 Whoever commits any of following acts in disrupting public order but not serious enough to be administered criminal penalties shall be detained for less than 15 days， imposed a fine below RMB 200 Yuan or given a warning：

（1）Disrupting order in organs， societies， enterprises and institutions resulting in impossibility to carry on normal production， business， medical treatment， teaching and scientific research without causing serious losses；

……

（7）Refusing and obstructing functionaries of the State in performing duties according to law without using violence and method of threat.

Article 20 Whoever commits any of the following acts in jeopardizing public security shall be detained for less than 15 days， imposed a fine below RMB 200 Yuan or given a warning.

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（8）Digging pits and holes， placing obstacles， damaging， destroying and shifting indicator signs on railways， highways， navigation channels in waters， dykes and dams which might affect communications and transport safety but not serious enough to warrant criminal penalties.