|
Order of the Shenzhen Municipal People' s Government
|
|
(No. 140)
|
|
|
|
Provisional
Measures of the Shenzhen Municipality on the Administration of Subway Operation was adopted at the 142nd Executive Meeting of the Third Session of the Municipal
Government, is now promulgated, and will take effect as of December
28, 2004.
|
|
|
|
Li Hongzhong
|
|
Mayor
|
|
December 23, 2004
|
|
|
|
Provisional Measures of the
Shenzhen
Municipality
|
|
on the Administration of Subway Operation
|
|
|
|
Chapter I General Provisions
|
|
|
|
Article
1 In
order to strengthen the administration of subway operation, guarantee the operation safety and service quality of the subway, and
maintain the
legal rights of passengers and the order of operation, these measures are hereby formulated in accordance
with the related laws, regulations and in the light of practical
conditions of this city.
|
|
|
|
Article
2 These measures shall apply to the administration of subway operation and the activities of other organizations and individuals related
to subway operation.
|
|
|
|
Article
3 The subway referred to in these measures shall mean the urban underground public passenger transit system, including the extended
ground area and overhead part.
|
|
The
subway facilities referred to in these measures shall mean the tunnels, rails, overhead structures, stations (including
entrances and exits, passageways, and ventilation
garrets), cars, mechanical and electric equipments, communication
sign system and other accessory facilities, equipments of the subway transportation, and the related facilities,
equipments
to secure subway operation.
|
|
The
subway operation unit (hereinafter referred to as the operation unit) referred to in these measures shall mean an
enterprise which has the authority to operate the subway
according to law.
|
|
|
|
Article
4 An operation unit shall follow the principle of safety first and provide standardized, continuous, highly efficient, good-quality
services of subway operation.
|
|
|
|
Article
5 The prices of subway tickets shall be decided by the government.
|
|
|
|
Article
6 The administrative department of transportation of the municipal government (hereinafter referred to as the municipal department of
transportation) shall be the department
in charge of the trade of subway operation and execute the following duties:
|
|
(1)
to organize the formulation of operation service standards;
|
|
(2)
to supervise operation units in performing of the legal obligations of safety management;
|
|
(3)
to supervise and inspect the quality of services provided by operation units;
|
|
(4)
to organize the appraisal of the operational performance of operation units;
|
|
(5)
to accept the complaints of the public about operation units;
|
|
(6)
to investigate and punish the illegal acts in the administration of subway operation;
|
|
(7)
other duties stipulated by the laws, regulations, rules and municipal government.
|
|
The other related departments of the municipal government and
the district
|
|
people' s governments of the areas along the subway lines shall, according to
their respective duties, work together
in order to have good administration of subway operation.
|
|
|
|
Article
7 An operation unit shall be responsible for the specific management of subway operation and execute the following duties:
|
|
(1)
to guarantee the quality of subway operation services;
|
|
(2)
to discharge the duties of safety management and guarantee the safety of subway operation;
|
|
(3)
to set up, maintain and renew the subway facilities according to the rules, and maintain the environmental sanitation of subway stations
and
cars;
|
|
(4)
to maintain the normal order of subway operation;
|
|
(5)
other duties stipulated by the laws, regulations and rules.
|
|
Operation units and their personnel shall have the power to
stop the acts which
|
|
jeopardize the safety of subway operation, impair the operation services, or
disrupt the operation order, and shall help
the related administrative departments of governments to deal with these acts according to law.
|
|
|
|
Article
8 Any organizations and individuals shall abide by the related rules on the administration of subway operation, they shall neither jeopardize
the safety of subway operation
and the operation order nor disturb the normal subway operation.
|
|
|
|
Article
9 The municipal government shall establish an office of subway operation safety management to be responsible for maintaining the safety
of subway operation and the order of
operation, and to accept the authorization from the related municipal departments
of transportation, urban management, etc. to carry out disciplinary sanctions against the acts
to jeopardize the safety
of subway operation, impair the operation services, or disrupt the operation order.
|
|
|
|
Chapter II Safety of Operation and Protection of Facilities
|
|
|
|
Article 10 An operation unit shall aide by the laws, regulations and rules concerning production safety, set up and improve various safe
operation systems and rules on safe operating, strengthen the safety administration of subway operation, and guarantee the
safe operation of subway.
|
|
The
employees of an operation unit shall discharge the safety duties of their respective posts on the basis of the safe
operation systems and rules on safe operating.
|
|
|
|
Article
11The chief responsible person and the personnel of safe operation management shall have the special knowledge, technological master-hand,
and managerial ability
corresponding to the activities of safe operation management.
|
|
|
|
Article
12 An operation unit shall conduct employees' safety education and training on the regular basis, and ensure that employees have necessary
knowledge of safe operation, be
fully aware of the safe operation systems and rules on safe operating, and master the
skills of safe operating in their respective posts.
|
|
The
personnel who should have corresponding qualifications to take up their posts according to the rules of the state
shall pass the exams according to the rules and then take up
their posts with certificates to hand.
|
|
|
|
Article
13 An operation unit shall, according to the standards of the state, trade and the requirements of technological specification, maintain
subway facilities timely and
properly, ensure that the state of operation shall meet the designed standards, and satisfy
the requirements for safety, stability and continuous use during the operation periods
of time.
|
|
An
operation unit shall record in writing the setup, maintenance, and renewal of subway facilities and keep the record,
and report it to the municipal department of transportation
regularly.
|
|
|
|
Article
14 If an operation unit finds out a hidden trouble for safety in subway operation, it shall take corresponding measures to remove the
hidden trouble.
|
|
The
municipal departments of transportation, public security and other departments in charge of the supervision and administration
of production safety shall conduct the supervision
and inspection of the safety of subway operation, instruct an operation
unit, if there is a hidden trouble, to take corresponding measures to remove the hidden trouble.
|
|
|
|
Article
15 An operation unit shall organize the related inspection-and-test units and experts to conduct an overall inspection and tests and
also a safety evaluation of the lines and
systems of subway operation every two years, lay down the measures for improvement,
and submit the evaluation report and the improvement report to the municipal department of
transportation.
|
|
|
|
Article
16 If the following operations are undertaken within the safety protection areas of a subway, they shall meet the requirements of the
safety protection area planning, the
professional institutions with corresponding qualifications and aptitude shall
be authorized to evaluate the safety effects on subway operation of the designs, construction plans
or operation plans:
|
|
(1)
to construct buildings, structures;
|
|
(2)
to undertake the operations of demolition, piling, pushing in, water pumping, drilling and excavation;
|
|
(3)
to engage in the activities such as earth-excavating in a large area, etc. so that the load of the underground facilities of
subway might be reduced considerably;
|
|
(4)
to set up electric power lines, communication lines, to lay cables, pipelines, to build an underground gallery passing through the
roadbed of a
subway;
|
|
(5)
the operations which need to remove, dismantle and relocate subway facilities;
|
|
(6)
to engage in the activities such as piling articles in a large area, etc. so that the load of the underground facilities of subway
might be
increased considerably;
|
|
(7)
other acts which might jeopardize the safety of subway facilities.
|
|
The safety protection areas of a subway shall be determined
according to the rules
|
|
of the municipal government, and the municipal government may make adjustments on
the basis of the requirements of the
subway' s safe operation and geological conditions, and in the light of the objective situations of urban development.
|
|
|
|
Article
17 When operating within the safety protection areas of a subway, a unit in charge of construction, a unit undertaking construction shall
take corresponding safety protection
measures to guarantee the safety of subway operation; if the safety protection
measures have not been taken according to the rules or the operating has jeopardized the safety of
subway operation,
an operation unit shall have the power to stop the operating, demand corresponding safety measures from the unit in charge of construction
or the unit
undertaking construction, and report it to the related departments of the municipal government.
|
|
|
|
Article
18 The following acts shall be prohibited:
|
|
(1)
to activate the emergency or safety devices of a subway in a non-emergency situation;
|
|
(2)
to damage and destroy subway facilities;
|
|
(3)
to interfere with the subway communication sign system;
|
|
(4)
to block up the entrances and exits, passageways, and ventilation facilities of a subway;
|
|
(5)
to block a subway engineer' s view in the inner side of a curve of a subway line on the ground;
|
|
(6)
to climb or leap over (cross) subway walls, fences;
|
|
(7)
to obstruct subway cars from operating or entering rails or a tunnel;
|
|
(8)
to place inflammable, explosive articles within 30 meters from the outer side of an entrance and exit of a subway;
|
|
(9)
to pile articles within 5 meters from the outer side of an entrance and exit, ventilation garret, cooling tower of a subway;
|
|
(10)
other acts to jeopardize the safety of subway operation.
|
|
|
|
Article 19 If any organizations and individuals have found a
situation to
|
|
Jeopardize the safety of subway operation, they shall report it to police or an
operation unit promptly.
|
|
|
|
Chapter III Operation Services and Operation Order
|
|
|
|
Article 20 An operation unit shall, according to the standards of subway operation services formulated by the municipal department of
transportation and the related rules of the state, provide operation services and guarantee the quality of operation services.
|
|
Without
approval from the municipal government, an operation unit shall not suspend or terminate operation services.
|
|
|
|
Article
21 An operation unit shall, according to the rules, set up service facilities and equipments, keep entrances and exits open, maintain
stations and cars sanitary and clean,
and ensure that service signs shall be eye-catching and accurate.
|
|
|
|
Article
22 An operation unit shall charge fares according to the rates approved by the municipal government and put into execution the standards
of ticket card system unitarily
formulated by the municipal department of transportation.
|
|
|
|
Article
23 An operation unit may, according to the related laws, regulations, rules and the standards of operation services, draw up the rules
on the administration of subway
operation and put them into execution after announcement.
|
|
|
|
Article
24 An operation unit shall determine the frequency of traveling trains and the schedule of the first and last trains according to the
standards of operation services.
|
|
If there
is a delay of a train for some reason or an adjustment of the schedule of the first and last trains, it shall
be announced to passengers on time.
|
|
|
|
Article
25 If an operation unit has made a mistake in its operation so that it cannot continue to transport passengers to the destinations indicated
on the subway tickets, the
operation unit shall refund the subway tickets or arrange other means of transportation to
bring the passengers to their destinations.
|
|
|
|
Article
26 Any persons who are within the area of subway facilities shall abide by the rules on the administration of subway operation and subordinate
themselves to the reasonable
directions of the subway personnel.
|
|
If a
person does not abide by the rules on the administration of subway operation, an operation unit may refuse this
person' s entrance to a station.
|
|
|
|
Article
27 A
person taking subway shall have a valid ticket to enter a station except those who may have free ride according to the rules. A passenger
holding a one-way ticket shall return the ticket at an exit.
|
|
An
operation unit may check the tickets of passengers, if a passenger has no valid ticket, the operation unit may charge
10 times of the price of one-way ticket for a whole line
riding.
|
|
|
|
Article
28 It shall be prohibited to bring the following articles and animals when taking subway:
|
|
(1)
explosive, inflammable, toxic, corrosive, radioactive articles, etc.;
|
|
(2)
illegally carried firearms and ammunitions;
|
|
(3)
the articles impairing public sanitation
|
|
(4)
animals;
|
|
(5)
other articles which may affect the personal safety of passengers or the operation order.
|
|
An operation unit may conduct a safety
inspection of the articles carried by
|
|
passengers. If a passenger carries the articles and animals referred to in the
first section of this article to enter
a station or refuses to have carried articles go through the safety inspection, an operation unit shall have the authority to refuse
this
passenger' s entrance to a station for taking subway.
|
|
|
|
Article
29 The following acts shall be prohibited in subway stations and cars:
|
|
(1)
to smoke, spit, piss, expectorate chewing gum, throw away odds and ends;
|
|
(2)
to scrawl, engrave and paint, post without authorization;
|
|
(3)
to hand out commercial propaganda materials such as ads, cards, etc.;
|
|
(4)
to set up a stand, engage in sales without authorization;
|
|
(5)
to beg, perform for living, lie on the ground;
|
|
(6)
to force one' s way in and out of a train;
|
|
(7)
to enter an area with warning signs without authorization;
|
|
(8)
to climb or overleap (cross) subway fences, gate controllers;
|
|
(9)
other acts against the order of subway operation.
|
|
|
|
Article 30 Setting up ads, commercial shops or laying pipelines in
the car
|
|
sections of a subway transit system and
within the areas of stations shall be in line with the planning and the related rules of
the municipal government and may not affect the normal functions of subway transportation
and service.
|
|
|
|
Article
31 The related units of electric power, telecommunication, water supply, etc. shall guarantee to meet the subway needs for electricity,
communication and water.
|
|
|
|
Chapter IV Operation Supervising
|
|
|
|
Article 32 The municipal department of transportation shall formulate and adjust the standards of subway operation services in accordance
with the public interests and the practical needs of operation services and in the light of practical conditions of subway operation.
|
|
Hearings
shall be held for the formulation and adjustment of the standards of subway operation services in order to listen
to the opinions from operation units and the public.
|
|
|
|
Article
33 The municipal department of transportation shall organize an assessment of the operating performance of operation units every two
years; if there is serious safety problem
or serious abnormality of operation, the municipal department of transportation
shall organize an assessment promptly.
|
|
The
municipal department of transportation shall make an assessment report on the basis of the assessment, put forward
a proposal on improvement or a settlement plan, and report to
the municipal government; the part of the assessment concerning
the implementation of the standards of services shall be made public to society.
|
|
An
operation unit shall make improvement according to the proposal on improvement.
|
|
|
|
Article
34 When organizing an assessment of the operating performance of operation units, the municipal department of transportation shall notify
the operation units in writing, the
operation units shall cooperate in the assessment and provide the related materials
that the assessment needs.
|
|
|
|
Article
35 If the municipal department of transportation has received a complaint from a passenger, the complaint shall be investigated, handled
promptly, and a reply shall be given
within 10 business days from the date of receiving the complaint.
|
|
An
operation unit shall establish a channel to accept complaints and suggestions from passengers and a system for settlement
and feedback, the complaint from a passenger or the
complaint of a passenger transferred from the department of transportation
shall be investigated, handled promptly, and a reply shall be given in 10 days.
|
|
|
|
Chapter V Emergency Rescue and Accident Management
|
|
|
|
Article 36 The municipal department of transportation shall, jointly with other administrative departments and the related units, work out a
preparatory emergency plan for dealing with the sudden incidents of subway operation, report it to the municipal government
and put it into practice after approval.
|
|
An
operation unit shall work out an advance emergency management plan for dealing with the sudden incidents of subway
operation, report it to the municipal emergency command center,
departments of transportation, public security, etc.
for record.
|
|
|
|
Article
37 If there is a natural disaster, safety accident, or other sudden incident in the process of subway operation, an operation unit shall
organize evacuation, risk removal,
rescue and take other emergency measures according to the advance emergency management
plan for dealing with sudden incidents, and report to the people' s government of the
place where the incident occurs
and also the related department of the municipal government according to the rules.
|
|
The
related departments of the municipal government, the people' s government of the place where the incident occurs
and the related units which have received reports shall take an
emergency action according to the preparatory emergency
plan for dealing with sudden incidents.
|
|
|
|
Article
38 If the increase in the flow of subway passengers is so rapid that it endangers the safe operation, an operation unit shall promptly
adjust the operation plan;
|
|
If there is no way to make an effective adjustment or the flow of passengers still
cannot be dispersed after an adjustment,
the operation unit shall take temporary measures to limit the flow of passengers in order to guarantee the safety of operation.
|
|
|
|
Article
39 If there is a natural disaster or other sudden incident and it is difficult to guarantee the safety of operation by taking other measures,
an operation unit may
temporarily suspend the whole operation or the operation in some sections, but this action shall
be announced to the public and reported to the municipal department of
transportation.
|
|
When the
situation causing the suspension of operation disappears, operation shall be resumed promptly.
|
|
|
|
Article
40 If a casualty accident occurs in the process of subway operation, it shall be handled according to the principle that the injured
shall be rescued first, normal operation
shall be resumed, and the accident settlement shall be dealt with later.
|
|
|
|
Chapter VI Legal Liabilities
|
|
|
|
Article 41 If an operation unit has failed to discharge the duties of safe operation in violation of the related
laws, regulations
or rules, the municipal department of transportation or other administrative departments shall order correction by a deadline, impose
penalties according to
law; the related responsible persons shall be punished according to law.
|
|
|
|
Article 42 If the quality of services or service facilities of an operation unit does not meet the stipulated standards, the municipal department
of transportation shall put
forward a proposal of improvement or give a warning; in case of refusal of improvement,
a fine of more than 10,000 but less than 30,000 RMB shall be imposed according to the
seriousness of circumstances;
if the public interests are seriously affected, it shall be dealt with according to the related rules.
|
|
|
|
Article 43 If an operation unit has taken one of the following acts, the municipal department of transportation shall order correction by a deadline;
in case of refusal of
correction, a fine of more than 1,000 but less than 5,000 RMB shall be imposed according to the
seriousness of circumstances:
|
|
(1)
failing to proclaim, bulletin, or announce the related matters;
|
|
(2)
refusing to accept supervision and inspection;
|
|
(3)
failing to provide the related materials, reports according to these measures;
|
|
(4)
failing to handle complaints according to these measures.
|
|
|
|
Article
44 In
case of violation of Items (1), (2), (3), (4), (5), (6), (7), (10) of
|
|
Article 18 of these measures, the municipal
department of transportation shall order correction and impose a fine of
more than 500 but less than 1,000 RMB; in case of punishment with respect to public security, a public
security office
shall deal with it according to law; if a crime has been constituted, a judicial office shall investigate into the criminal responsibility
according to law.
|
|
In case of violation of Item (5) of Article 28 or Items (6), (7), (8), (9) of Article 29 of these measures, the municipal department
of transportation shall order
correction and impose a fine of more than 200 but less than 500 RMB.
|
|
|
|
Article
45 In
case of violation of these measures when operating within the subway safety protection areas, the municipal department of planning
or the
municipal department of construction shall order correction by a deadline and impose a penalty according to law.
|
|
|
|
Article
46 In
case of violation of Item (8) of Article 18, Items (1), (2) of Article 28 or Item (5) of Article 29 of these measures, a public security
office
shall punish according to law.
|
|
|
|
Article
47 In
violation of Item (9) of Article 18 or Items (3), (4) of Article 28, the municipal department of urban management shall order correction
and
impose a fine of more than 100 but less than 500 RMB.
|
|
|
|
Article
48 In
case of violation of Items (1), (2), (3) of Article 29 of these measures, the municipal department of urban management shall order
cleaning and
impose a fine of more than 50 but less than 200 RMB.
|
|
|
|
Article
49 In
case of violation of Item (4) of Article 29, the municipal department of urban management shall order correction and impose a fine
of 1,000 RMB
per square meter of the area which is occupied.
|
|
|
|
Article 50 The related municipal departments of transportation, urban management, etc. may entrust the office of subway operation safety management
with implementation of
disciplinary sanctions against the acts which jeopardize the safety of subway operation, impair
the operation services, and disrupt the operation order.
|
|
|
|
Article 51 If the personnel of the related government departments and operation units neglect duties, abuse power, practice favoritism and engage
in irregularities, disciplinary
sanction shall be imposed according to law; if a crime has been constituted, a judicial
office shall investigate into the responsibility according to law.
|
|
|
|
Chapter VII Supplementary Provisions
|
|
|
|
Article 52 These
measures shall take effect as of December 28, 2004. |
