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Administrative Rules of Shenzhen Municipality on Urban Roads

Administrative Rules of Shenzhen Municipality on Urban Roads

 

(Adopted at the 103rd executive meeting of the Third Municipal Government, promulgated by Decree No. 129 on February 29, 2004)

 

 

Chapter   General Provisions

 

Article 1 In order to strengthen the administration of urban roads, keep the urban roads in good condition and fully bring the functions of urban roads into play, these rules are formulated according to the national Administrative Regulations on Urban road, and on the basis of the actual situation.

 

Article 2  These rules shall apply to the construction, maintenance, reparation and administration of the urban roads within the Shenzhen municipality.

 

Article 3  The administration of urban roads shall comply with the principles of unified planning, construction with complete sets and equal stress on construction, improvement and maintenance.

 

Article 4  The administrative competent department of urban roads of the Municipal People' s Government (hereinafter referred to as the municipal road competent department) shall be in charge of administration of the urban roads in the area of this city, and shall conduct maintenance, reparation and management of the urban roads under its administration.

The administrative competent department of urban roads of the District People' s Government (hereinafter referred to as the district road competent department) shall be in charge of conducting maintenance, reparation and management of the urban roads under its administration.

The municipal special management institution of urban roads and bridges shall be authorized by the municipal road competent department to take the specific charge of maintaining, repairing and managing the urban roads.

 

Article 5  The relevant administrative departments of the municipal or district people' s government shall cooperate with the municipal or district road competent department to implement these rules according to their respective functions and duties.

 

Article 6 The urban roads (including the roads in residence, development and industry districts, similarly hereinafter), which are built with no governmental investment, shall be maintained, repaired and managed by their construction units or management departments.

The district road competent department shall supervise and guide the maintenance, reparation and management of the roads mentioned in the preceding paragraph.

 

Chapter   Construction and Administration

 

Article 7  The municipal competent department of planning shall draw up the yearly construction plan of urban roads according to the special development planning of urban roads. The road competent department shall draw up the yearly plan of reconstructing or heavily repairing the urban roads according to the road' s condition, and apply to the competent department of plan for approval according to legal procedures.

 

Article 8  The planning and designing of urban road, which is to be constructed under the government' s investment, shall be organized by the municipal competent department of planning, according to the special development planning and yearly construction plan of urban roads.

The design of supporting facilities of the road, which is not to be constructed under the government' s investment, shall comply with the sub-district planning and special development planning of urban roads.

 

Article 9  When the municipal competent department of planning examines the initial design scheme of building, expanding or rebuilding an urban road, it shall solicit opinions from the road competent department, the communication administrative department of public security and the managerial units of pipes, lines or poles, which are affiliated to the urban road. Those departments mentioned above shall give written opinions within 10 working days.

The competent department of urban roads shall draw up the design scheme of reconstructing or heavily repairing an urban road in accordance with the requirements of city planning, and shall solicit opinions from the traffic department of public security, and the managerial units of pipes, lines or poles, which are affiliated to the urban road. Those departments mentioned above shall give written opinions within 10 working days.

 

Article 10 The construction of auxiliary facilities of an urban road, such as pipes, lines or poles of water supply, drainage, gas, electronic supply, communication, fire control and cable TV, shall comply with the principle of underground first and over-ground second, and be conducted with the construction of the urban road in step.

 

Article 11 The design and construction units of the urban road shall have the qualifications corresponding to the project' s scale. The design and construction shall satisfy the technical standards and operation instructions made by the State and Shenzhen Municipality.

 

Article 12  When the construction of an urban road is finished, the construction unit shall organize the check and acceptance according to the stipulated procedures. The project shall not be put into use until it passes the check and acceptance.

 

Article 13  The construction unit of the urban road, which is built under the government' s investment, shall hand over the road to the municipal or district road competent department for uniform maintenance and management, after it finishes the construction and final accounts.

However, the construction unit may hand over the urban road right after it passes the check and acceptance with the approval of the municipal government and on the basis of the needs of city traffic.

The construction unit shall take charge of the maintenance and management of the road before it is handed over. All the expenses thereof shall be paid by the construction unit itself, and shall not be counted in the investment cost of the project.

The construction unit of the urban road, which is built under the government' s investment, shall not change its use before it is handed over to the competent road department for uniform maintenance and management.

 

Article 14  The guarantee system of projection quality shall be practiced for the urban roads. The guarantee period shall be the project' s reasonable useful life stipulated in the design document. If the urban road, which has been handed over to the competent road department for uniform maintenance and management, has quality problem in the guarantee period, the construction unit shall be responsible for the reparation.

 

Chapter   Maintenance, Reparation and Management

   

Article 15  The road competent department shall regularly organize the inspection and general examination of the urban roads in the area under its administration, according to relevant technical standards of the country.

 

Article 16  The road competent department shall check and ratify the maintenance and reparation funds in the city maintenance budget year by year, on the basis of the level, quantity of the urban roads under its administration, and the quota of maintenance and reparation funds.

   

Article 17  The expansion, rebuilding, reformation and reparation of urban roads shall be arranged uniformly and constructed by stages. The traffic department of public security shall be solicited opinions about the organization plan of construction, and shall give written opinions within 10 working days.

 

Article 18  The construction unit, which undertakes the maintenance and reparation of urban roads, shall comply strictly with the technical standards promulgated by the State concerning the maintenance and reparation of urban roads, to maintain and repair urban roads according to the plan and ensure the quality of the maintenance and reparation projects.

    The road competent department shall supervise and inspect the quality of the maintenance and reparation projects of urban roads.

   

Article 19 It is encouraged to hand over the road, which is built and managed without governmental investment and is used for city traffic, to the municipal or district road competent department for administration. The road for handing over shall satisfy the requirements of the national check and acceptance standards concerning the construction projects of urban roads and bridges. The transference of title shall not be conducted until the Municipal or District People' s Government approves.

The road, which is constructed and managed without governmental investment and needs to be used in traffic according to the development of city traffic, shall be kept unblocked and has no profitable parking slot nor section for parking motor vehicles provisionally.

    Article 20  The well covers or trench covers installed on urban roads, or auxiliary facilities of urban roads shall comply with the technical standards on urban road maintenance.

The unit owning the property shall regularly check the installed well covers or trench covers on the urban road, and keep them in complete forms and correct positions. In case that a well cover or trench cover is damaged, moved or lost, the unit owning the property shall set caution symbols immediately upon knowledge, and renew the damaged, supplement the lost or put the moved back in time.

   

Article 21  The special vehicles for urban road maintenance and reparation shall use uniform symbols. When the special vehicles are used in exercising the job of maintenance and reparation, they shall not be confined in certain driving routes or direction in the operation section of the road on the premise of ensuring the safety and smoothness of traffic.

 

Chapter Administration of Urban roads

 

Article 22  The following activities are prohibited in the area of urban roads:

1.occupying, breaking open urban roads or opening entries to urban roads arbitrarily;

2. driving caterpillar or iron-wheel vehicles, or vehicles exceeding the limits for tonnage, dimensions of height or length on urban roads arbitrarily;

3. driving or stopping powered vehicles on the pavements or covers of underground pipeline;

4. repairing vehicles in disintegration on urban roads;

5. building provisional structure or fixtures etc. on urban roads arbitrarily;

6. erecting pipelines of gas or liquefied petroleum gas whose pressure is above 4 Kg per square centimeter (0.4 mega-Pascal), electrical wires whose voltage is above 10 kilovolt, or other flammable, explosive pipelines on bridges;

7. erecting advertisement boards or other hanging objects on roads, bridges or their auxiliary facilities arbitrarily;

8. destroying the road' s auxiliary facilities;

9. other activities damaging or embezzling urban roads, or affecting the functions of urban roads.

 

Article 23 Anyone, who needs to occupy an urban road temporarily because of important celebration or construction, shall apply to the municipal or district road competent department administering the road for approval.

In case that the temporary occupation of urban road may affect the traffic safety, the road competent department shall solicit opinions from the traffic department of public security. The traffic department of public security shall give written opinions of consent or dissent within 5 working days.

The road competent department shall make a decision on whether to approve the application or not within 10 working days upon receiving the application, and shall make a written explanation if it refuses to give approval.

 

Article 24  Anyone, who occupies an urban road temporarily with approval, shall occupy the road according to the approved purpose, scope and time limit, and pay the charge for occupation of road to the road competent department according to relevant provisions.

The time limit of occupying urban road temporarily because of important celebration shall not exceed 1 month. The time limit of occupying urban road temporarily because of construction shall be determined according to the term of the construction project.

Anyone, who needs to change the use purpose, scope or time limit, shall apply for check and approval in advance.

The charge of occupying urban road shall be turned in to the municipal or district people' s government, and shall only be used especially in the maintenance, reparation and administration of urban roads.

 

Article 25  Anyone, who occupies an urban road temporarily with approval, shall not damage the road, and shall clear the site at the end of occupying period in time, resume the original appearance of the road, and make reparation or pay compensation if the road is damaged.

 

Article 26  Anyone, who occupies an urban road for the use of parking with time-meter, shall comply with relevant provisions of the municipal government.

 

Article 27  Anyone, who uses an urban road to establish civil facilities, such as mail box, ash bin, telephone box, sentry box, pole and line, or pipeline etc., shall get an approval from the municipal or district road competent department administrating the road, and the competent department of planning.

When the establishing unit transfers or removes the above facilities, it shall clear away the hangovers, such as isolated pole, line or foundation, and resume the original appearance of the urban road.

When the urban road is to be expanded or rebuilt, the establishing unit shall transfer or remove the above facilities according to the requirements of design.

 

Article 28  The installing unit shall report to the municipal road competent department for record, when it establishes or moves a station for bus, or passenger transportation vehicle along fixed lines. The expenses for strengthening the urban road to protect civil pole and line shall be borne by the establishing unit.

   

Article 29 The erecting unit shall apply to the municipal or district road competent department of the bridge for approval before it erects pipelines clinging to the urban bridge, and regularly check them to ensure safety.

When an urban bridge is to be rebuilt or expanded, the unit owing the property of the pipelines, mentioned in the preceding paragraph, shall dismantle or move the pipelines gratuitously in time.

   

Article 30  No unit nor individual may break open an urban road arbitrarily (including conduct the project of pushing or digging for underground pipelines under the groundwork of an urban road). Anyone, who needs to break open urban roads under special situation or because of project construction, shall apply for approval to the municipal or district road competent department administrating the road.

    If the breaking of an urban road affects traffic safety, the road competent department shall solicit opinions from the traffic department of public security. The traffic department of public security shall give written opinions of consent or dissent within 5 working days.

    The road competent department shall make the decision on whether to approve or not within 15 working days upon receiving the application, and shall give written explanation when it disapproves the application.

   

Article 31  Anyone, who needs to break open an urban road under special situation and is involved in anyone of the following situations, shall apply to the municipal people' s government for approval:

1. breaking open the urban road, which has been used for less than 5 years after being built, expanded or rebuilt, or less than 3 years after being heavily repaired;

2. breaking open the main road crosswise, which has more than 6 traffic lanes of two directions.

   

Article 32  Anyone, who applies for breaking open an urban road, shall submit the approval document made by the planning department, relevant design documents and plan of civilized construction on site. The plan of civilized construction on site shall include the following items:

1. the plane layout drawing of the construction spot, including the schematic drawing of the actual breaking area and enclosure area, the layout drawing of construction facilities, machines and tools, and the schematic drawing of stacks of finished products, semi-finished products, raw materials and waste materials;

2. the single design plans of temporary buildings, structures, land hardening and road;

3. the design of treating and discharging sewage on the site, and rules of controlling dust and noise;

4. the protection rules of the current civil pipe network in the construction area and its surrounding buildings and structures;

5. the rules of sanitation and safety protection on the site;

6. the organizations and persons in charge of the civilized construction on the site.

 

Article 33  Anyone, who is approved to break open an urban road, shall conduct enclosure operation within the approved area and time limit. Anyone, who needs to change the area or time limit, shall apply for examination and approval in advance.

Anyone, who is approved to break open an urban road, shall pay reparation fees to the road competent department for breaking open urban road, except those who cause no damage to the surface of urban road in pulling through or digging for pipeline under the ground. From those, who break open the urban road, which has been used for less than 5 years after being built, expanded or rebuilt, or less than 3 years after being heavily repaired, the road competent department shall collect one to five times of the reparation fees for breaking according to the years ahead of normal.

    The reparation fees for breaking open urban roads shall be turned in to the municipal or district people' s government and shall be specially used in the reparation of urban roads.

   

Article 34  If a unit owning the property of the pipelines for water supply, water drainage, combustion air, electric supply, communication, fire control, cable television or traffic sign in city  needs to break open an urban road for construction, it shall submit the construction plan to the municipal or district road competent department administrating the road for uniform arrangement in the first month of each quarter of a year. The road competent department shall be responsible for organizing relevant departments to hold a coordination meeting concerning the breaking plan.

In case that an underground pipeline needs to be repaired immediately under emergent accident, relevant unit may break open the urban road in advance for immediate reparation, and shall inform the road competent department and the traffic department of public security. It shall go through supplementary procedures of approval for breaking open urban road under emergency within 1 working day afterwards.

   

Article 35  Anyone, who is approved to break open an urban road, shall construct during the time when the traffic is not busy, and construct in the enclosure on the premise of not blocking the traffic. He shall clear the site and inform the road competent department for examination and acceptance in time after the construction is finished. The road competent department shall organize the reparation immediately after receiving the information and resume the road' s original appearance.

    If the construction period on an urban road is more than 10 days, the construction unit shall publicize the period to the public 2 days ahead, and hang a placard on the construction site to publicize the daily construction progress.

    Before the beginning of construction on urban road, the construction unit or the road competent department shall draw up rules on leading traffic together with the traffic department of public security.

    In case that a construction project may damage urban road, the construction unit or building unit shall reach a protection agreement with the road competent department before starting the construction.

   

Article 36  Anyone, who occupies or breaks open an urban road, shall set up enclosures, caution boards or signal boards on the construction site according to the following provisions:

1. the breaking site shall be surrounded by continual, closed enclosures or simple enclosures, where reflector buckets and belts shall be installed, and safety caution signals and lamps shall be hung;

2. the height of the installed continual and closed enclosures shall not be less than 1 meter;

3. the construction signal boards shall be hung on conspicuous places and indicate the project' s name, breaking area, approved occupation or breaking period (or finishing time), serial number of the occupation or breaking license, telephone numbers of the construction unit, building unit and contact person, and the telephone number for accepting complaints;

4. the construction caution board shall be hung 100-120 meters far from the construction site when breaking open the carriage ways of a main express road, or 50-80 meters far from the construction site when breaking open a road of other kind.

5. the safety caution lamps shall be hung when constructing at night.

   

Article 37 Anyone, who needs to drive caterpillar vehicles, iron-wheeled vehicles, or vehicles exceeding the limits for tonnage, dimension of height or length, shall apply for approval to the municipal or district road competent department administrating the road section in advance. The road competent department shall make a decision on whether to approve or not within 3 working days, and shall give written explanation if it refuses to approve.

    The vehicles, which are approved by the road competent department to run on urban road, shall run at the time, along the route as specified by the traffic department of public security.

If a vehicles needs to pass through a road or bridge under the administration of two or more districts, the municipal road competent department shall be responsible for the examination and approval.

    If a vehicle' s load exceeds the designed carrying capacity of a road or bridge, a safety evaluation for the heavy vehicle to pass through shall be conducted in advance. The vehicle shall not pass through until effective and protective rules have been adopted. The expenses of conducting the safety evaluation and strengthening facilities shall be borne by the unit or person who owns the vehicle.

   

Article 38 If the damage of urban roads affects the passage safety, the road competent department shall set up caution signs immediately and inform the traffic department of public security in time. If the passage safety is seriously affected, the road competent department shall adopt rules to block the road with the cooperation of the traffic department of public security.

If it is necessary to block road to carry out reparation, the road competent department and traffic department of public security shall announce a public notice of blocking road jointly.

 

Article 39  Anyone, who plans to engage in an operation, such as dredging river, digging in river, piling for construction, pulling through for underground pipelines or blasting in the safety protection area of an urban bridge, shall adopt safety protection rules, and shall not start the operation until the road competent department approves.

 

Chapter   Legal Liabilities

 

Article 40 If the design, construction or building unit violates the provisions of the Article 11 or 12 of these rules, it shall be punished by the competent department of planning or construction according to relevant laws and regulations.

 

Article 41  If the construction unit changes the use of road, in violation of the provisions of the Article 13 of these rules, the relevant competent department shall confiscate its illegal gains and turn them in to the municipal or district people' s government.

   

Article 42 Anyone, who violates the provisions of Paragraph 2, Article 20 of these rules, shall be imposed a fine of 1,000 yuan per place by the road competent department.

 

Article 43 Anyone, who violates relevant provisions of Article 22 of these rules, shall be punished by the road competent department according to the following provisions:

1. anyone, who violates the provisions of Item 2 or 4, shall be ordered to make correction, and may be imposed a fine of 2,000 to 5,000 yuan simultaneously;

2. anyone, who violates the provisions of Item 3, shall be ordered to make correction, and may be imposed a fine of more than 500 to 1,000 yuan simultaneously;

3. anyone, who violates the provisions of Item 5, shall be compulsorily demolished its illegal structures, and may be imposed a fine of 5,000 to 10,000 yuan per place simultaneously;

4. anyone, who violates the provisions of Item 6, shall be compulsorily demolished its illegal structures, and be imposed a fine of 10,000 to 20,000 simultaneously;

5. anyone, who violates the provisions of Item 7, shall be ordered to demolish its illegal structures in a time limit, and be punished according to relevant administrative regulations on outdoor advertisement;

6. anyone, who violates the provisions of Item 8, shall be imposed a fine of 2,000 to 5,000 yuan;

7. anyone, who violates the provisions of Item 9, shall be imposed a fine of 1,000 to 3,000 yuan according to the seriousness of circumstances.

 

Article 44 Anyone, who violates the provisions of Paragraph 1 of Article 23 of these rules, shall be ordered to make correction, and be imposed a fine of 1,000 yuan per square meter of the occupied land by the road competent department.

 

Article 45 Anyone, who doesn' t apply for approval, in violation of the provisions of Article 24 or 33 of these rules, shall be ordered to apply for supplementary approval in a time limit by the road competent department; if he doesn' t apply for supplementary approval in the time limit, he shall be punished according to the provisions on occupying urban road or digging urban road without approval.

 

Article 46  Anyone, who occupies an urban road beyond time limit, or doesn' t clear the site after digging a road, in violation of the Article 25 or 35 of these rules, shall be imposed a fine of 500 to 3,000 yuan by the road competent department.

 

Article 47  Anyone, who violates the provisions of Paragraph 1 of Article 27 of these rules, shall be demolished its illegal structures compulsorily, and may be imposed a fine of 5,000 to 10,000 yuan per place by the road competent department.

Anyone, who violates the provisions of Paragraph 2 of Article 27 of these rules, shall be ordered to clear the site in a time limit by the road competent department, and imposed a fine of 1,000 to 3,000 yuan if he fails to clear in the time limit.

 

Article 48  Anyone, who breaks open a main road crosswise or crossroad system without approvalin violation of Article 30 of these rules, shall be imposed a fine of 20,000 yuan by the road competent department. Anyone, who digs an urban road without approval, shall be imposed a fine of 5,000 to 20,000 yuan. Anyone, who constructs pipeline project by pulling through or digging underground without approval, shall be imposed a fine of 5,000 yuan.

 

Article 49  Anyone, who violates the provisions of Article 31 of these rules, shall be imposed a fine of 20,000 yuan by the road competent department.

Article 50  Anyone, who violates the provisions of paragraph 2 of Article 34 of these rules, shall be imposed a fine of 1,000 to 2,000 yuan by the road competent department.

 

Article 51 Anyone, who doesn' t set up enclosures, caution boards or signal boards according to the provisions of Article 36 of these rules, shall be ordered to make correction by the road competent department, and imposed a fine of 5000 yuan if he fails to make correction in the time limit.

 

Article 52  Anyone, who causes damage to an urban road, in violation of relevant provisions of these rules, shall be responsible for compensation.

If a pipeline laid under the ground of an urban road causes damage to the road because of leak or explosion, the unit owning the underground pipeline shall undertake the reparation at first.

 

Article 53  Anyone, who violates relevant provisions of these rules and his act constitutes a crime, shall be investigated for criminal responsibility by the judicial organ according to law; if a crime is not constituted, he shall be given punishment of security administration according to the provisions of the Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration.

 

Article 54  If the party doesn' t agree with the administrative penalty, he may apply for administrative review according to law, or bring litigation to people' s court. If the party doesn' t apply for review, bring litigation, nor implement the penalty decision in the time limit, the organization making the penalty decision shall apply to the people' s court for coercive implementation.

 

Article 55  If a working person of road competent department neglects his duty, abuses his power or engages in malpractice for personal gain, and his act constitutes a crime, he shall be investigated for criminal responsibility according to law, if a crime is not constituted, he shall be given administrative penalty according to law.

 

Chapter Supplementary Provisions

 

Article 56 The urban road mentioned in these rules refers to the road in the city or district (except the highways) with auxiliary facilities mainly for vehicles and passengers to pass through, including:

1. carriageway, pavement, road shoulder, slope on sides, channel on sides, square, separation belt and land for use lined according to the red line of urban road planning, whose auxiliary facilities include name board of the road, guardrail for pedestrian, separation banister (or pier) of carriageway, direction island, safety island and so on; 

2. urban bridge refers to the structure above water or on land connecting urban roads for vehicles and persons to pass through, including overpass bridge, viaduct, tunnel, culvert, pedestrian bridge and  pedestrian underground passage etc; its auxiliary facilities include bridge hole, retaining wall, bridge banister, anti-crash banister, pedestrian staircase, name board of bridge, loading limit board and safety protection district of urban bridge (water area or land within 10-60 meters far from the two sides of the vertical projection of the bridge).

 

Article 57  The municipal road competent department shall publicize the scope of urban roads under the administration of municipal and district road competent departments respectively.

 

        Article 58  These rules shall enter into effect as of April 1, 2004.


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