Regulations of Sichuan Province on Expressway
(adopted at the 18th meeting of the Standing Committee of the 12th Sichuan Provincial People's Congress on September 25th)
Chapter I General Provisions
Article 1 In order to promote the healthy development of expressways and ensure their safety, smoothness and integrity, these Regulations are formulated in accordance with the provisions of the Highway Law of People's Republic of China (PRC) and the Law of the People's Republic of China on Road Traffic Safety, combined with the actual situation in Sichuan Province.
Article 2 These Regulations shall apply to the planning, construction, maintenance, operation, service, use and management of expressways within the administrative area of Sichuan Province.
Article 3 The transportation department of the provincial people's government is in charge of the expressway work in the whole province, and the expressway management agencies under it are specifically responsible for the supervision and management of expressway management, maintenance, business services and charges in accordance with their duties and the provisions of these Regulations.
Highway road transport administrative law enforcement by the highway management agencies responsible for the implementation.
Article 4 The public security organs of the provincial people's government are responsible for the highway traffic safety and public security management in the whole province, and the traffic management departments under them are specifically responsible for maintaining highway traffic order, investigating traffic safety violations, handling traffic accidents and traffic safety publicity and education in accordance with their duties and the provisions of these Regulations.
Fifth local people's governments at or above the county level and their relevant departments shall be responsible for the financing, construction and management of expressways in accordance with the relevant provisions of the state and the province.
Township people's governments along the expressway shall establish and improve the grass-roots traffic safety rescue mechanism, carry out road traffic safety publicity, and assist in the traffic safety work along the expressway in this area.
Article 6 The expressway toll collection rights, advertising management rights and service facilities management rights obtained by expressway operators according to law are protected by law, and no unit or individual may infringe upon them.
Highway operators engaged in highway maintenance, fees and other business services should be carried out according to law.
Seventh local people's governments at or above the county level along the expressway shall be responsible for the emergency handling of expressway emergencies within their respective administrative areas in accordance with the emergency plan.
The transportation department of the provincial people's government shall formulate the province's expressway emergency plan, and organize the implementation after the approval of the provincial people's government.
Expressway operators shall, in accordance with the emergency plan for expressway emergencies, equip emergency facilities, equipment and materials, set up emergency teams, and organize drills regularly.
Article 8 All units and individuals have the obligation to take good care of expressways and their ancillary facilities, and shall not destroy, damage, illegally occupy or illegally use expressways, land used for expressways and their ancillary facilities.
Ninth to encourage the development of highway science and technology research, and actively promote and use advanced management methods, technologies and equipment.
Chapter II Construction and Maintenance
Article 10 The transportation department of the provincial people's government shall, jointly with the relevant provincial departments and the people's governments of cities (prefectures) and counties (cities, districts), work out the provincial highway planning according to the needs of national economic and social development and national defense construction, and in accordance with the overall requirements of national highway planning and the procedures prescribed by the state.
The adjustment of provincial highway planning shall be carried out in accordance with the procedures specified in the preceding paragraph.
Eleventh highway projects can be built by government investment, social investment, cooperation between government and social capital, etc., and the specific fund raising method is decided by the provincial people's government. Encourage and guide domestic and foreign economic organizations to invest in the construction of expressways according to law.
Government-invested expressway projects shall be built by legally established units determined by the provincial people's government in accordance with relevant regulations, or by units authorized by the provincial people's government in cooperation with domestic and foreign economic organizations determined through competition.
Social investment highway projects shall be announced to the public, and the units authorized by the provincial people's government shall select investors through public bidding according to law.
Twelfth highway construction land planning should conform to the overall land use planning.
The local people's governments along the proposed expressway shall organize relevant units to do a good job in land acquisition, demolition and resettlement compensation for expressway construction according to law. Relevant standards for land acquisition, demolition, resettlement compensation and social insurance premiums for land-expropriated farmers in expressway construction shall be approved in accordance with national and provincial regulations. No unit or individual may intercept or misappropriate compensation fees and social insurance premiums for land acquisition, demolition and resettlement of landless farmers.
The local people's governments at or above the county level along the proposed expressway and their relevant departments shall guarantee the water and electricity, sand and gravel, explosives and temporary land needed for expressway construction according to law, and maintain the order of expressway construction.
Thirteenth highway construction should follow the basic construction procedures, the implementation of national and provincial engineering survey, design, construction and supervision norms and technical standards.
Fourteenth highway construction should strictly implement the approval period. If the construction period is extended due to the project investor's own reasons, the extended construction period shall be included in the charging period.
Fifteenth highway toll collection, monitoring, communication and other systems, as well as over-limit transportation detection facilities, service areas, management rooms, etc. Should be in accordance with the relevant provisions and standards of the state and province, and the highway synchronous planning, synchronous construction, synchronous put into use. Management houses should meet the needs of highway operators, highway management agencies and traffic management departments of public security organs.
If the expressway that has been opened to traffic fails to build relevant systems, facilities, service areas and management rooms in accordance with the provisions of the preceding paragraph, the expressway operator shall be responsible for the construction and improvement.
Highway management agencies, traffic management departments of public security organs and highway operators shall establish a mechanism for enjoying relevant systems and facilities.
Sixteenth after the completion of a highway project, it shall be checked and accepted in accordance with the relevant provisions of the state and the province. If traffic safety is involved, the opinions of the traffic management department of the public security organ shall be sought; Without acceptance or unqualified acceptance, it shall not be delivered for use.
Expressway operators shall provide relevant files to expressway management agencies in accordance with the relevant provisions of the state and province within six months after the completion and acceptance of the project.
Seventeenth road operators should be in accordance with the national and provincial maintenance technical specifications, the preparation of highway maintenance plans and annual maintenance plans, and report to the highway management agencies for the record.
Expressway operators shall carry out maintenance operations in accordance with the annual maintenance plan to ensure that the expressway is always in a good technical state.
Eighteenth highway overhaul, repair project construction should be approved by the highway management agencies; If traffic safety is affected, the expressway management institution shall obtain the consent of the traffic management department of the public security organ for approval.
The construction unit of expressway overhaul and medium repair project shall announce to the public five days before the start of construction, set up bulletin boards in front of the construction sections and related entrances, set up warning signs and safety protection facilities in the construction area, and equip safety management personnel.
After the completion of the expressway overhaul project, it shall be accepted in accordance with the regulations; Involving traffic safety, the traffic administrative department of the public security organ shall participate in the acceptance.
Nineteenth expressway operators should make scientific scheduling, make overall arrangements for maintenance work, determine reasonable construction time and duration, and announce it to the public in advance to complete it on schedule, so as to reduce the impact on vehicle traffic.
Twentieth highway operators should do a good job in greening and soil and water conservation within the scope of highway land in accordance with the relevant provisions of the state and the province.
Twenty-first highway operators should carry out daily maintenance inspections and make inspection records; If it is found that the expressway and its ancillary facilities are damaged or have potential safety hazards, warning signs and safety protection facilities shall be set up immediately, and emergency repairs shall be organized in time or measures shall be taken to eliminate potential safety hazards.
Expressway operators shall regularly carry out technical inspections on expressways and their ancillary facilities; If it is found that it does not meet the relevant technical standards and vehicle traffic safety requirements, it shall be repaired in time and announced to the public.
Twenty-second highway management agencies should regularly check the integrity of highways and their ancillary facilities, and order highway operators to take corresponding measures within a time limit if they fail to meet the requirements stipulated by the state and the province.
The traffic management department of the public security organ and the highway management organization shall order the highway operators to take measures to repair the road collapse, potholes and other damages; If traffic safety is endangered and warning signs have not been set, the traffic management department of the public security organ and the highway management institution shall take safety measures in time to divert traffic and notify the highway operators.
Chapter III Operation and Service
Twenty-third highway management agencies should formulate unified highway service standards in the province, regularly evaluate highway operation and service quality, and make an announcement to the public.
Highway operators should improve the system, strengthen management, improve the level of public services and operation management, ensure the service facilities are in good condition, disclose service items, charging standards, telephone supervision and other matters, accept social supervision, and provide high-quality, safe, convenient and civilized services for highway users.
Article 24 Highway management agencies, traffic management departments of public security organs and highway operators shall jointly establish a highway joint command and dispatch service platform to carry out highway command and dispatch, operation monitoring, information research and judgment, etc. ; Information about highway construction, accidents, congestion, meteorology, traffic control, driving tips and safety warnings is released through television, newspapers, radio, Internet and variable information boards.
Article 25 The toll standard of expressway vehicles is calculated and determined according to the technical level of expressway, total investment, local price index, repayment period or paid fund-raising period, investment recovery period, traffic volume, construction quality and other factors, and submitted to the provincial people's government for approval.
The toll standard of expressway vehicles shall be adjusted according to the technical conditions of roads and the quality of operation and service, and the specific measures shall be formulated by the provincial people's government.
Twenty-sixth highway network charges, the implementation of unified sorting and settlement, the specific measures shall be formulated by the transportation department of the provincial people's government.
Twenty-seventh vehicles passing through the highway under any of the following circumstances, according to the shortest path from the vehicle exit point to the farthest entrance point in the network to collect vehicle tolls:
(a) No pass;
(2) Holding an altered or forged pass card;
(3) Intentionally damaging or blocking the pass card or interfering with the toll collection facilities;
(4) evading tolls by other means.
Article 28 Military vehicles, vehicles of armed police forces, vehicles with unified signs that perform traffic accident handling, patrol tasks, supervision and inspection, and emergency handling on expressways within their jurisdiction, transport vehicles of combine harvesters (including rice transplanters) operating across regions, vehicles legally loaded with fresh agricultural products, and vehicles that perform emergency rescue and disaster relief tasks with the approval of the transportation authorities of the State Council or the provincial people's government are exempt from vehicle tolls.
Twenty-ninth expressway operators should set up weighing detection facilities at the entrance of the expressway in accordance with the regulations, and carry out weighing detection on freight vehicles, and shall not allow illegal and over-limit vehicles to enter the expressway. Where illegal and over-limit vehicles forcibly enter the expressway, intentionally block the toll station or affect the traffic order of the expressway, and illegal and over-limit vehicles are found in the expressway service area and the expressway exit, the expressway operator shall promptly report to the traffic management department of the public security organ and the expressway management institution. The traffic management department of the public security organ and the highway management organization shall send personnel to the scene in time and deal with it according to law.
Thirtieth highway operators are not allowed to close highway toll stations, service areas and interchange ramps without authorization.
Thirty-first expressway operators should set up and open a sufficient number of toll lanes. If the vehicles at the entrance and exit of the expressway toll station queue up for more than 200 meters or the vehicles at the exit of the ramp toll station queue up to the main lane, the expressway operators shall take emergency management measures such as increasing toll collectors and related equipment to ensure the smooth flow of vehicles. If the traffic capacity of toll stations cannot meet the traffic needs, and the emergency management measures specified in the preceding paragraph cannot solve the congestion problem, the expressway operators shall transform or relocate the toll stations.
Article 32 Highway wrecker rescue shall be organized and implemented by highway operators, and the specific charging items and charging standards shall be determined by the development and reform, transportation and other departments of the provincial people's government and announced to the public. Highway wrecker rescue units shall follow the principle of safety, high efficiency and proximity, drag obstacles or faulty vehicles to the nearest exit or the place agreed with the parties, and shall not designate maintenance sites, and shall not increase charging items or raise charging standards without authorization.
Highway supervision and inspection vehicles and wrecker rescue vehicles shall be provided with unified signs and warning lights respectively in accordance with regulations.
Article 33 Where an expressway service area is contracted or leased to other countries, the operating period of the contracting or leasing shall not exceed the toll collection period of the expressway.
Thirty-fourth expressway operators are responsible for the daily management and service of expressway service areas.
The expressway service area shall provide free services such as toilets, parking and drinking water. It also provides commercial services such as vehicle refueling, water filling, maintenance and shopping, catering, accommodation, medical first aid, etc. If conditions permit.
The relevant administrative departments of the people's government where the expressway service area is located are responsible for the supervision and management of fire control, food safety, environmental protection and price in the service area.
Article 35 When the charging period of social investment expressway projects expires, the expressway operators shall, in accordance with the contract, transfer the expressway and its ancillary facilities and other rights and interests related to the expressway projects to the project receiving units designated by the provincial people's government, unless otherwise stipulated by the state.
Chapter IV Road Administration
Thirty-sixth within thirty days from the date of approval of the preliminary design documents for the construction and reconstruction of expressways, the local people's governments at or above the county level along the line shall delimit the scope of the expressway construction control area according to law.
In the expressway construction control area, no new buildings or structures shall be built or expanded except for the needs of highway maintenance and protection.
Before the expressway is completed and opened to traffic, the relevant departments of the local people's governments at or above the county level along the line shall investigate and deal with the illegal construction and reconstruction of buildings and structures in the expressway land and building control areas according to law. After the expressway is completed and opened to traffic, the expressway management agencies shall implement road administration according to law, and the relevant departments of the local people's governments at or above the county level along the line shall provide assistance and cooperation.
Article 37 Highway traffic signs and markings shall conform to the relevant national standards and technical specifications.
According to the needs of road network operation and traffic management, the expressway management organization adjusts the traffic signs and markings after scientific evaluation and soliciting the opinions of the traffic management department of the public security organ, and the expressway operators are responsible for the implementation.
Article 38 The installation of non-traffic signs and signs within the scope of expressway land use shall be approved by the expressway management agency. Non-traffic signs and signs approved for setting shall not block traffic signs or hinder safe sight distance.
It is forbidden to set up billboards and other non-traffic signs in the control area of expressway construction.
Thirty-ninth expressway operators should strengthen the daily inspection and management of the space and culverts under the jurisdiction of expressway bridges. If illegal storage or facilities are found, they should be discouraged and stopped immediately, and reported to the expressway management agency to eliminate potential safety hazards in time.
Fortieth, if it is really necessary for an out-of-gauge transport vehicle to transport indissoluble articles on the expressway, the carrier shall apply to the expressway management agency for a pass for the out-of-gauge transport vehicle; If traffic safety is affected, the expressway management institution shall solicit the opinions of the traffic management department of the public security organ. The carrier shall drive according to the time, route and speed specified by the traffic administrative department of the public security organ and take effective traffic safety measures.
Chapter V Traffic Safety Management
Forty-first pedestrians, non-motor vehicles, motorcycles, tractors, wheeled special mechanical vehicles, articulated buses, full trailers and other vehicles with a designed maximum speed of less than 70 kilometers per hour are prohibited from entering the expressway.
Article 42 The permitted vehicle types and the maximum and minimum driving speeds shall be indicated at the appropriate position behind the acceleration lane at the entrance of the expressway, and vehicles entering the expressway shall follow the traffic signals.
If there are two lanes in the same direction, the left side is the passenger car lane and the right side is the passenger and cargo lane; Trucks, special operations vehicles and large and medium-sized buses can borrow small passenger lanes to overtake, and after overtaking, they should drive back to the passenger and freight lanes in time. If there are three or more lanes in the same direction, only small passenger cars are allowed to pass in the first lane on the left, and other vehicles are prohibited from entering.
Except for police cars, fire engines, rescue vehicles, ambulances and vehicles engaged in highway management and maintenance activities, other vehicles shall not occupy the emergency lane for driving or parking in non-emergency situations.
Article 43 If the vehicle entering the expressway is under any of the following circumstances, the driver shall immediately turn on the hazard warning flash, move the vehicle to the emergency lane or shoulder, and set a warning sign for the faulty vehicle at a distance of150m from the oncoming vehicle:
(a) the vehicle has a traffic accident or malfunction and cannot be moved to the service area or outside the toll station in time;
(two) the driver's sudden illness affects driving safety;
(3) Other emergencies that endanger traffic safety occur.
Article 44 When driving on an expressway, the following provisions shall be observed:
(a) shall not cross the central isolation belt;
(two) are not allowed to get on and off the driveway or loading and unloading goods;
(3) When entering the roadway from the ramp, the vehicle speed shall be increased in the acceleration lane and the left turn signal shall be turned on, and the traffic of the roadway shall not be hindered;
(4) When driving into the roadway from the emergency lane, you should increase the speed in the emergency lane and turn on the left turn signal so as not to hinder the traffic of the roadway;
(5) In case of traffic jam ahead, you should wait in the driveway or pass by in turn, turn on the hazard warning flash, and do not drive into the emergency driveway or shoulder.
Forty-fifth natural disasters, bad weather or traffic accidents affect the normal passage of vehicles, the traffic management department of the public security organ shall take timely traffic management measures to divert vehicles; If measures are still unable to ensure traffic safety, the traffic administrative department of the public security organ shall close the expressway according to law, and inform the expressway management agencies and expressway operators in time, and make an announcement to the public at the same time; In case of emergency, the on-site law enforcement officers of the traffic administrative department of the public security organ can dispose of it first and report to the traffic administrative department of the public security organ of the provincial people's government at the same time. The traffic management department of the public security organ of the provincial people's government and the expressway management institution shall organize road network dispatching and regional traffic diversion. After the situation affecting traffic safety is eliminated, traffic should be resumed immediately and relevant information should be released in time.
Forty-sixth vehicles passing through the tunnel shall comply with the following provisions:
(1) Observe the traffic signal before entering the tunnel and turn on the lighting device;
(two) when turning in the tunnel, not arbitrarily interspersed, lane change;
(3) No parking is allowed in the tunnel unless the vehicle cannot continue driving.
The speed limit sign before the entrance of the expressway tunnel shall be set according to the speed difference of 20 km/h.
Speed limit signs shall be set at the appropriate positions of tunnel groups and extra-long tunnel exits according to regulations.
Forty-seventh vehicles carrying explosives, flammable and explosive chemicals, toxic, radioactive and other dangerous goods are not allowed to enter the section of the expressway where dangerous chemicals transport vehicles are restricted. If it is really necessary to enter, it shall be approved by the traffic administrative department of the public security organ, drive at the specified time, route and speed, hang obvious signs and take necessary safety measures.
The restricted sections of vehicles transporting dangerous chemicals on expressways shall be stipulated by the public security organs of the provincial people's government and announced to the public.
In the event of an accident on a dangerous chemicals transport vehicle, the parties concerned shall immediately report to the traffic management department of the public security organ. The local people's governments at or above the county level where the accident occurred shall organize safety supervision, public security, transportation, environmental protection and other departments as well as highway operators and medical institutions to carry out accident rescue work.
Forty-eighth traffic accidents on the highway, only causing property losses and minor injuries, the parties should immediately move the vehicle to the nearest service area, outside the toll station and other places, and then negotiate or call the police; In the event of a traffic accident with casualties or the accident vehicle can't move, you should immediately turn on the danger warning flash, set up a warning sign for the faulty vehicle at a distance of 150 meters from the oncoming direction, and the vehicle personnel should quickly move to a safe place off the road and immediately call the police.
Chapter VI Legal Liability
Forty-ninth in violation of the provisions of this Ordinance, the existing provisions of laws and regulations, from its provisions.
Fiftieth in violation of the provisions of article eighteenth of these regulations, without approval or in accordance with the provisions of the requirements of highway overhaul, repair project construction, the highway management agencies shall be ordered to stop construction, and impose a fine of thirty thousand yuan; If the circumstances are serious, a fine of fifty thousand yuan shall be imposed.
Article 51 Whoever, in violation of the provisions of Article 27 of these regulations, uses a replaced or forged expressway pass card, intentionally damages, blocks or interferes with the toll collection facilities, and evades the toll of expressway vehicles, shall be ordered by the expressway management agency to pay the toll, and may also be fined less than three times the toll payable.
Article 52 In violation of the provisions of Article 29 of these regulations, if an expressway operator releases illegal and over-limit vehicles into the expressway at the entrance, the expressway management agency shall confiscate all the tolls for the released vehicles and impose a fine of 2,000 yuan on each vehicle according to the number of vehicles released.
Article 53 If, in violation of the provisions of Article 30 of these regulations, expressway operators shut down expressway toll stations, service areas and interchange ramps without authorization, the expressway management agencies shall order them to make corrections and impose a fine of not less than 50,000 yuan but not more than 70,000 yuan; If the circumstances are serious, a fine of more than 70,000 yuan10,000 yuan shall be imposed.
Fifty-fourth in violation of the provisions of article thirty-first, highway operators did not take emergency management measures, resulting in traffic congestion at toll stations, the highway management agencies shall order it to make corrections, and impose a fine of not less than ten thousand yuan but not more than thirty thousand yuan; If the circumstances are serious, a fine of not less than thirty thousand yuan but not more than fifty thousand yuan shall be imposed.
Article 55 If a wrecker rescue unit illegally designates a vehicle maintenance place in violation of the provisions of Article 32 of these regulations, the illegal income shall be confiscated by the expressway management agency and a fine of more than 2,000 yuan and less than 5,000 yuan shall be imposed.
Fifty-sixth drivers in violation of the provisions of this Ordinance, one of the following circumstances, the traffic management department of the public security organ shall impose a fine of two hundred yuan:
(1) Driving or parking in the emergency lane under non-emergency circumstances;
(two) in violation of the provisions of the lane, occupying the lane of a small bus;
(3) overtaking in violation of regulations;
(4) Failing to leave the scene in accordance with the regulations when a traffic accident occurs.
Fifty-seventh drivers in violation of the provisions of this Ordinance, one of the following circumstances, the traffic administrative department of the public security organ shall impose a fine of more than five hundred yuan and one thousand yuan:
(1) Getting on and off people or loading and unloading goods in the expressway lane;
(two) driving a vehicle that is prohibited from entering the expressway.
Article 58 If highway management organizations, traffic management departments of public security organs and other relevant departments and their staff abuse their powers, neglect their duties or engage in malpractices for selfish ends in the process of highway management, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 59 The meanings of the following terms in these Regulations:
(1) Expressway refers to a multi-lane highway and its ancillary facilities built in accordance with the national technical standards for highway engineering, and designated as an area for expressway management.
(2) Emergency lane refers to the hard shoulder area where vehicles can stop or drive in an emergency, except the edge line of expressway lane.
(3) Highway management organizations refer to provincial highway management organizations and their subordinate highway management organizations at all levels, which are established by the transportation departments of the provincial people's governments according to law and perform highway management functions according to the prescribed authority.
Article 60 Where laws and administrative regulations have other provisions on the investment, construction and management of expressways, those provisions shall prevail.
Article 61 These Regulations shall come into force as of 1 February 1 day.