Regulations of Jiangsu Province on Administration of Toll Roads
时间：2010-09-02 浏览次数：
51次
Announcement of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province
No.31
Regulations of Jiangsu Province on Administration of Toll Roads, adopted at the Twelfth Meeting of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province on November 23, 2009, are hereby promulgated and shall enter into effect as of April 1, 2010.
November 23, 2009
Regulations of Jiangsu Province on Administration of Toll Roads
(Adopted at the Twelfth Meeting of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province on November 23, 2009)
Chapter I General Provisions
Article 1 These Regulations are enacted in accordance with the Highway Law of the People’s Republic of China, the Regulations on the Administration of Toll Roads by the State Council and other relevant laws and administrative regulations, in light of the specific situation of this Province, and for the purposes of regulating the administration and the toll collection acts on toll roads, maintaining the lawful rights and interests of the users and business operators of toll roads and promoting the development of road undertakings.
Article 2 These Regulations shall apply to the administration of the toll roads in the administrative regions of this Province.
The toll roads as mentioned in these Regulations refer to the roads (including bridges and tunnels), which comply with the provisions of the Highway Law of the People’s Republic of China and the Regulations on the Administration of Toll Roads by the State Council，and in which vehicle tolls are collected according to law upon approval, including the government loan repayment roads and the operating roads.
The government loan repayment roads refer to the toll roads constructed by the competent transport departments of the people’s governments at or above the county level through making use of loans or raising funds with compensation from enterprises or individuals.
The operating roads refer to the toll roads constructed with the investment of economic organizations both home and abroad or the toll roads to which the right of collecting tolls on the government loan repayment roads are transferred according to law.
Article 3 The local people’s government at or above the county level shall incorporate road construction into the national economic and social development plans, increase the public finance input, support and promote the development of road undertakings. The road development shall focus on non-toll roads, and develop modestly toll roads.
The toll roads shall have rational distribution with their total number being controlled.
Article 4 The competent transport department of the provincial people’s government shall be in charge of the administration of the toll roads in this Province, and the competent transport department of the people’s government of a city divided into districts and a county (city, district) shall, in accordance with relevant provisions, perform their functions and duties of administration on toll roads
The road management agency of the competent transport department shall perform the specific functions and duties of administration on toll roads.
Article 5 The departments of development and reform, finance, public security, price, audit, taxation, commerce and industry and other departments of the local people’s government at or above the county level, shall, according to the duties specified by laws and regulations, do well the relevant work of administration on toll roads.
Article 6 The toll road operation and management unit shall, in accordance with the standards and criterions as prescribed by the State, make routine inspection and maintenance on the toll roads and the facilities along them, and ensure the toll roads are in good technical condition.
The toll road operation and management unit shall take measures to continuously improve the mode of management and service, reduce the cost of operation and management, provide fair and excellent service and raise the social benefit of the toll road.
Chapter II Construction of Toll Roads and Setup of Toll Gates
Article 7 The investment in the construction of any toll road shall conform to the road development plans of the State and this Province，and the technical level and scale of the toll road as prescribed by laws and regulations, and shall be equipped with corresponding investment and construction ability. The investment in the construction of the government loans repayment roads shall be equipped with the capability of repaying the principal and interest on the loans and funds raised with compensation within a prescribe time limit.
The provincial department of development and reform shall not approve the feasibility study report or the project proposal report of any toll road construction project which fails to conform to the provisions of the preceding paragraph.
Economic organizations both home and abroad which are approved to construct the operating roads shall enter into investment and operation agreements with the competent transport departments. The sample investment and operation agreement shall be formulated and promulgated by the provincial competent transport department.
Article 8 The collecting of vehicle tolls may not be permitted on the roads constructed by the competent transport department of the people’s government at or above the county level through making use of loans or raising funds with compensation from enterprises or individuals, and the vehicle tolls for the roads constructed with the investment of economic organizations both home and abroad or the roads to which the right of collecting tolls on the government loan repayment roads are transferred, unless they have been approved according to law.
Article 9 The setup of toll gates on toll roads shall have overall planning, rational distribution and shall be adjusted in time according to economic and social development. The setup and change of toll gates on toll roads shall, according to provisions, be reported to the Provincial People’s Government for approval.
Article 10 The investor for a toll road construction project shall report and apply to the provincial competent transport department for collecting the vehicle tolls and submit the following materials six months before the inspection and acceptance of the project upon completion.
(1) the approval documents for the feasibility study report, the preliminary design and the budgetary estimate of the construction project of the government loan repayment road, or the approval documents for the project application report of the construction project of the operating road;
(2) the calculation method for the standard and time limit for toll collection;
(3) the legal person registration certificate, the relevant approval documents shall be submitted in the case of a Chinese foreign joint (cooperative) venture; and
(4) the approval document of the provincial people’s government for the setup of the toll gate.
The standard and time limit for toll collection of the government loan repayment roads shall be examined by the provincial competent transport department together with the provincial departments of price and finance, and the standard and time limit for toll collection of the operating roads shall be examined by the provincial competent transport department together with the provincial department of price, and both shall be reported to the provincial people’s government for approval after a hearing is held in accordance with the provisions of laws and administrative regulations.
Where the standard and time limit for toll collection need to be adjusted due to the change of the length and scale of the toll roads, formalities shall be gone through for approval according to the provision as prescribed in the preceding paragraph.
Article 11 The provincial competent transport department may decide to exercise unified management over the government loan repayment roads throughout this Province or in a specific region in the Province and apply for loans and repay the loans in an unified manner, and the standard and time limit for toll collection can be verified with comprehensive calculation method and shall report to the Provincial People’s Government for approval.
Article 12 The time limit for toll collection of the government loan repayment roads shall not exceed fifteen years. The time limit for toll collection of the operating roads shall not exceed twenty five years.
Article 13 The provincial people’s government shall publicize such information as the names of toll roads and toll gates, the toll collection units in the administrative region of this Province, the toll collection standard and time limit to the public and accept social supervision.
Article 14 In case the time limit for toll collection of any toll road expires, the toll collection shall be terminated.
In case the loans and the funds raised with compensation have been paid off before the end of the time limit for toll collection of the government loan repayment road, the toll collection shall be terminated.
In case the toll collection is terminated on any toll road in accordance with the provisions of the preceding two paragraphs, the provincial people’s government shall publicize the date for termination of the toll collection to the public and accept social supervision.
Article 15 In case the people’s government of a city divided into districts or a county (city or district) proposes to terminate the toll collection in advance, a toll gate cancellation plan shall be formulated and reported to the provincial people’s government for approval. The toll gate cancellation plan shall include detailed arrangements for accommodation of personnel and debt payment.
Article 16 In case the toll collection of a toll road is terminated, formalities for transfer of the road shall be gone through according to relevant provisions of the State.
The competent transport department shall be responsible for the maintenance and management of the toll road accepted, and ensure that the toll road be in a good technical state. Funds for the maintenance and management of the toll road shall be guaranteed by the public finance.
Chapter III Transfer of Toll Collection Rights on Toll Roads
Article 17 The toll collection rights on toll roads can be transferred, but they shall not be transferred under any of the following circumstances:
(1) the independent two-lane bridges and tunnels whose length is less than 1,000 meters;
(2) the time of toll collection has exceeded two thirds of the approved time limit for toll collection; or
(3) the national defense toll roads.
The transfer of toll collection rights on the government loan repayment roads are strictly restricted.
Article 18 In case the toll collection rights on the national highways (including the trunk lines of the national highways and the national expressway network project) are transferred, the transfer shall be reported to the competent transport department of the State Council for approval. In case the toll collection rights on the roads except the national highways are transferred, the transfer shall be examined and approved by the provincial competent transport department and shall be reported to the provincial people’s government for approval.
In case the toll collecting rights on the government loan repayment roads and the roads operated by the enterprises solely funded by the State or the state-controlled enterprises are transferred, the way of bid invitation or tendering shall be adopted. The competent transport department shall enter into transfer agreement with the accepting party.
In case the toll collecting rights on the operating roads are transferred, the transferring party shall be approved by the competent transport department with which the transferring party concluded investment and operation agreement or transfer agreement.
The sample transfer agreement shall be formulated and promulgated by the provincial competent transport department.
Article 19 The toll collecting rights within the time limit for toll collection can be used lawfully to apply to financial institutions at home for hypothecated loans. The hypothecated loan contract for the toll collecting rights on toll roads shall be registered with the loan credibility information collection service institution and shall be filed with the provincial competent transport department.
The hypothecated loan for the government loan repayment roads shall be used for road construction only.
Article IV Operation and Management
Article 20 The toll road operation and management unit shall, before collecting tolls, obtain the toll collecting license and toll notes according to law, and shall collect vehicle tolls according to the approved toll collecting standard and time limit after the toll road and relevant toll collecting facilities are examined and accepted upon completion.
Article 21 The toll road operation and management unit shall set up a sign indicating the direction of the toll gate no less than 500 meters in front of the toll gate.
The toll road operation and management unit shall set up a toll collecting bulletin board of unified form as prescribed by the provincial competent transport department on an eye-catching place of the toll gate，publicizing relevant information, such as the name of the toll gate，department of examination and approval，toll collection entity，toll collection standard，fixed number of year for starting and ending toll collection，and telephone number for supervision，and other relevant contents，and accept public supervision. In case the toll collecting bulletin board is not set up, the vehicle driving through the toll gate shall have the right to refuse the payment of vehicle tolls.
Article 22 The set up of level crossings along the toll road shall seek the opinion of the toll road operation and management unit and shall be approved by the competent transport department. It is forbidden to connect level crossings in the toll gate area.
Article 23 The vehicle driving through a toll gate shall, according to the traffic signs and relevant provisions, reduce its driving speed and pay the vehicle toll.
The vehicles of troops and armed police troops, the police wagons with uniform marks which are used for handling traffic accident，implementing ordinary patrolling tasks or dealing with emergencies on toll roads under the jurisdiction of a public security organ, and the special supervision and inspection vehicles which are used for inspecting and handling illegal acts on the roads, implementing daily inspecting tasks and dealing with emergencies on toll roads under the jurisdiction of a road administration organ, and the vehicles used for implementation of emergency rescue and relief tasks with the approval by the competent communications department of the State Council or the provincial people’s government shall be exempted from vehicle tolls.
The combine harvesters (including rice trans-planters) operating across regions, other agricultural machines used for field operation which are specified by the provincial agricultural machine administration department and the provincial competent transport department and the vehicles for transporting such machines, and the vehicles fully loaded with fresh and living agricultural products on green channels as prescribed by the State shall be exempted from vehicle tolls. The concrete measures shall be formulated by the provincial competent transport department together with the provincial departments of agriculture, price and finance.
The vehicle which is exempted from vehicle toll or whose vehicle toll is reduced shall, when going through the toll gate, produce valid certificate or certified formality in accordance with provisions and may not rush through the toll gate by force.
It is forbidden to forge, borrow or alter the vehicle toll remission certificate.
Article 24 The toll road operation and management unit shall issue toll notes to the passing vehicles when collecting vehicle tolls.
The toll notes of the government loan repayment roads shall be made and printed uniformly by (or under the supervision of) the provincial finance department. The toll notes of operating roads shall be made and printed uniformly by (or under the supervision of) the provincial local taxation department.
Article 25 In case a serious damage of any road，major traffic accident or bad weather conditions or other circumstances seriously affect the safe passage of vehicles, and diverting the flow of traffic is needed, the provincial competent transport department may decide to grant provisional release of the vehicles through toll gates without payment.
Article 26 In case any vehicle refuses to pay, evades the payment，or pays less than required，the toll road operation and management unit shall have the rights to require it to replenish the vehicle tolls; in case any vehicle refuses to pay, the toll road operation and management unit shall have the rights to deny the access of such vehicle.
Any unit or individual may not purposely block toll crossings，rush through the toll gate by force，assault and batter management personnel of any toll road，destroy or remove toll facilities without approval or undertake other activities that disturb the order of toll road management.
In case of occurrence of the aforesaid acts disturbing the business management order of any toll road, the toll road operation and management unit shall report to the public security organ and the competent transport department in time，and the public security organ and the competent transport department shall handle it in time in accordance with law.
Article 27 Tolls for highways and other enclosed toll roads shall be collected through the provincial computer network, and the accounts shall be settled and managed in an unified way.
The provincial competent transport department shall formulate the plan for collecting tolls through the provincial computer network and conduct supervision and inspection of the implementation.
Article 28 No vehicle driving on any toll road may be overloaded. Any vehicle that exceeds the load limit of the toll road shall not drive on any toll road without approval; in case it is indeed necessary, it shall go through formality of examination and approval according to law.
Vehicle tolls collection based on load may be applied to the freight vehicles driving on the toll roads. The specific measures shall be formulated by the provincial transport, finance and price department and reported to the provincial people’s government for approval.
Article 29 The vehicle tolls collected on any government loan repayment road shall be deposited in full into the special financial account, and the income management shall be strictly separated from expense management.
Article 30 The vehicle tolls collected on any government loan repayment road shall, except that the necessary management and maintenance fees shall be outlaid from the budget of vehicle tolls approved by the provincial finance department, be used exclusively for repayment of loans and funds raised with compensation and may not be diverted for other purpose.
The vehicle tolls collected on any operating road shall be used in accordance with the articles of association for enterprises, the investment and operation agreement and the transfer agreement.
Article 31 The auditing organ shall, according to law, conduct audit supervision over the collection, utilization and management of the vehicle tolls collected on toll roads，and shall make investigation into and deal with any act against law, regulation and other relevant provisions of the State.
Article 32 The vehicles that frequently go through the toll gate of an unenclosed toll road or the vehicles within certain range of area where the toll gate is located, may apply to the toll road operation and management unit for paying vehicle tolls monthly, quarterly, half-yearly or yearly at a favorable price at one time. The toll road operation and management unit shall accept the applications that meet the provisions as provided. The concrete measures shall be formulated by the provincial competent transport department together with the provincial departments of price and finance.
Article 33 After the competent transport department or the road management institution station a road affairs management agency to the toll road, the construction unit and the toll road operation and management unit shall submit relevant road property materials for road affairs management to the road affairs management agency within three months.
Chapter V Service Guarantee
Article 34 The set up of toll crossings shall comply with the requirements for safe driving of vehicles. The number of toll crossings shall comply with the requirements for rapid passage of vehicles. If the requirements of rapid passage of vehicles can not be met, the number of toll crossings shall be increased in time.
Article 35 The toll gate shall put sufficient toll crossings into operation to ensure the normal passing of vehicles and to avoid the congestion and jam of vehicles.
The vehicles used for operation of emergency rescue and relief tasks, ambulatory treatment and government affairs shall be given priority to go through the toll gate.
Article 36 The toll road operation and management unit shall gradually adopt modern technology and utilize Non-stop Electronic Toll Collection System to improve toll collecting service and increase the efficiency.
Article 37 In case the major repair and reconstruction of a toll road conducted by the toll road operation and management unit may affect the normal passing of vehicles, the information of the construction project shall be publicized to the public 5 days in advance and the project shall be constructed and completed on time.
When conducting maintenance operations on toll roads, the toll road operation and management unit shall, set up the traffic signs and safety facilities according to the relevant provisions, strengthen the safety management of the maintenance operation personnel and the operation sites and shall not affect the safe passing through of vehicles.
Article 38 The traffic signs, markings and the separation fences and other traffic safety facilities shall be set up according to the standards and technical norms as prescribed by the State and shall be constructed, examined and accepted and utilized simultaneously with the roads. The toll road operation and management unit shall maintain traffic safety facilities according to relevant standards of the State, and in case the traffic safety facilities are found damaged or missing, they shall be repaired in time; in case the facilities affect traffic safety, warning signs shall be set up.
Where the transportation departments of the public security organ find traffic safety facilities are damaged, missing and may endanger traffic safety with no warning sings set up, they shall take safety measures in time, direct and regulate traffic flow and inform the toll road operation and management unit. The toll road operation and management unit shall make corrections in time after receiving such information.
The competent transport department shall put forward requirements to adjust and perfect traffic signs and markings in light of the present status of the signs and markings and the status of the traffic, road networks and facilities along the roads, and the toll road operation and management unit shall organize and implement the requirements.
In case the toll road operation and management unit puts forward a plan to adjust or alter traffic signs or markings, the plan shall be reported to the competent transport department for approval.
Article 39 The toll road operation and management unit shall, according to the provisions of the State and the competent transport department of this Province, collect and gather information about the construction operations on its road, traffic accidents and disastrous weather which may affect the normal passing of the road, and the data of road status such as traffic flow and maintenance quality, and shall report the information in time to the provincial competent transport department.
The toll road operation and management unit shall share with the public security organ and the competent transport department the information resources it collects such as the toll road monitoring.
Article 40 The toll road operation and management unit shall release the information about road status and the traffic control at proper places; where conditions permit, the toll road operation and management unit may release the information through the variable message bulletin boards and the variable traffic signs.
Article 41 The departments of public security, transport and other departments shall, according to their respective functions and duties, deal with emergencies on toll roads such as natural disasters and major traffic accidents.
The toll road operation and management unit shall, according to the need of disaster relief and rescue, be equipped with necessary disaster relief and rescue devices and equipment to repair damaged roads in time, to clear obstacles on the roads caused by the natural disaster and shall handle other relevant emergency disposition work in emergent situations.
Article 42 Where the expressways and other enclosed toll roads are subject to disastrous weather, major traffic accidents and other major disasters, and the safe passage of vehicles is affected, the public security organs shall, in light of the real situation, take road control measures according to law, such as letting the vehicles pass at intervals, restricting the number and speed, restricting the vehicle type, guiding the vehicles by police cars or closing the roads. The toll road operation and management unit shall cooperate with the public security organs and notify in time the passing vehicles of the information about the traffic control.
Where the situation for road shut-down clears, the public security organs shall re-open the expressway and other enclosed toll roads in time to resume traffic.
Article 43 Service zones shall be constructed on the enclosed toll roads to provide service to the passing vehicles and service zones may be constructed on the unclosed toll roads according to the needs.
The toll road operation and management unit shall, according to the requirement of the relevant industry administration department, maintain all the facilities in the service zone and keep them in good operation status.
The parking lots, public toilets, electricity supply, water supply, gas stations and car repair shall provide 24-hour service. The parking lots, public toilets and water supply shall be provided free of charge.
Article 44 The toll road operation and management unit shall publicize the telephone number for police assistance and provide services for the convenience of customers in the service zones.
In case the vehicles are detained on enclosed toll roads for more than 4 hours due to serious damage of the roads, major traffic accidents or severe natural disasters, the people’s governments along the roads and their relevant departments and the toll road operation and management units shall take emergency measures and create conditions to provide water, food and other services to the detained persons.
Article 45 The toll road operation and management unit shall formulate and publicize management norms for the service zone and accept the supervision of the customers. Where conditions permit, the service zone of the toll road shall provide inquiry service for traffic status information.
The departments of industry and commerce, public security, transport and other departments shall strengthen their supervision over the service zones and ensure they operate according to law and provide standard services.
Article 46 The vehicles entering the service zone of the toll road shall drive according to the signs and markings set up and shall stop and park orderly. Where the vehicles carrying inflammable, explosive or toxic chemicals really need to park temporar, ily in the parking lot, they shall park in the designated zone.
The toll road operation and management unit shall appoint staff members to take charge of the order and safe production management in the service zone.
Article 47 The competent transport departments shall carefully perform their functions and duties, strengthen their administration, inspect and stop, according to law, any act of appropriating, damaging, polluting highways, land and ancillary facilities used by highways and other acts in violation of highway laws and regulations, and shall protect the toll roads and their ancillary facilities.
The public security organ shall, according to law, maintain the order of the toll roads, increase the passing efficiency of the toll roads and strengthen the security management in the toll gate area and service zone of the toll road, and protect the safety of people, the property safety and other legal rights and interests of citizens, legal persons and other organizations.
Article 48 The departments of public security, transport and other departments shall perform their functions and duties of supervision and inspection according to the statutory limits of authority and procedures and shall not collect any fee in supervision and inspection.
The departments of public security, transport and other departments shall publicize administrative system and procedures and accept the supervision of the society and people willingly. Any entity or individual shall be entitled to report and charge the departments of public security, transport and other departments and their staff members for failing to strictly enforce the laws and conducting acts against laws or disciplines. The department receiving such reports or charges shall, according to their functions and duties, inspect and handle them in time.
Chapter VI Legal Liabilities
Article 49 The toll road operation and management unit which, in violation of the provisions in Article 9 of these Regulations, sets up or alters the toll gate without approval or fails to set up or alter the toll gate according to the approved plan, shall be ordered by the provincial competent transport department to make corrections and a fine of not less than RMB 50,000 yuan but not more than RMB 200,000 yuan shall be imposed in accordance with the seriousness of the case.
Article 50 The toll road operation and management unit which, in violation of the provisions in Article 8, Article 9, Article 10 and Article 14 of these Regulations, collects vehicle tolls without approval or fails to terminate the toll collection as required, shall be ordered by the provincial competent transport department to stop colleting the vehicle tolls and be forced to dismantle the toll facilities; the illegal gains, if any, shall be confiscated and a fine of two times up to five times the illegal gains shall be imposed upon it; if there are no illegal gains, a fine of not less than RMB 10,000 yuan but not more than RMB 50,000 yuan shall be imposed; and if the responsible person in charge and other directly liable personnel are state functionaries, they shall be given such administrative punishments as recording a special demerit until dismissal.
Article 51 The toll road operation and management unit which, in violation of the provisions in the first paragraph of Article 17 of these Regulations, transfers the toll collecting rights of the toll road, shall be ordered by the provincial people’s government to make corrections; the responsible person in charge and other directly liable personnel shall be given such administrative punishments as recording a special demerit until dismissal; where a crime is constituted，he or she shall be investigated for criminal liabilities according to law.
Article 52 In case any one , in violation of the provisions in the fifth paragraph of Article 23 of these Regulations, borrows or uses forged or altered vehicle toll exemption certificate to go through the toll plaza, he or she shall pay the full toll according to the provisions in the first paragraph of Article 53 of these Regulations, his or her certificate shall be confiscate by the competent transport department besides, and a fine of not less than RMB500 yuan but not more than RMB5,000 yuan may concurrently be imposed.
Article 53 In case any vehicle, in violation of the provisions in the first paragraph of Article 26 of these Regulations, refuses to pay, escapes the payment, or pays vehicle tolls less than required and passes the toll plaza by force, the toll road operation and management unit may charge five times up to ten times the vehicle toll it should pay; in case the vehicle running on the roads using networked toll collection escapes the payment or pays vehicle tolls less than required by exchanging cards or vehicles, and the mileage of the vehicle is difficult to ascertain, the toll shall be paid according to the mileage between the present toll gate and the farthest one in the road network.
In case any vehicle refuses to pay, escapes the payment，or pays vehicle tolls less than required, the toll road operation and management unit may exercise the rights in the preceding paragraph when the same vehicle reenters the toll road.
In case any one violates the provisions in the second paragraph of Article 26 of these Regulations, the competent transport department may take measures to remove the obstruction and stop the vehicle, and concurrently a fine of not less than RMB200 yuan but not more than RMB2,000 yuan shall be imposed; if the case is serious, a fine of not less than RMB2,000 yuan but not more than RMB10,000 yuan shall be imposed; if such acts are in violation of the administration of public security, the public security organs shall give him administrative penalty for public security; if a crime is constituted，he or she shall be investigated for criminal liabilities according to law; if it results in property loss to any toll road operation and management unit or personal injury of any toll road administration staff members, he or she shall bear civil liabilities for compensation according to law.
Article 54 The toll road operation and management unit which, in violation of the provisions of Article 33 of these Regulations, fails to submit relevant materials, or, in violation of the provisions in the first paragraph of Article 39 of these Regulations, fails to report relevant information and data, shall be ordered by the competent transport department to submit or report within a prescribed time limit; where it fails to submit or report within the time limit, a warning shall be given.
Article 55 The toll road operation and management unit which, in violation of the provisions in the second paragraph of Article 41 of these Regulations, fails to repair the damaged road or clear the obstructions caused by natural disasters and others in time, shall be ordered by the competent transport department to make corrections and a fine of not less than RMB10,000 yuan but not more than RMB50,000 yuan shall imposed; where the toll road operation and management unit refuses to make corrections, the competent transport department shall order it to stop collecting tolls and designate another unit to repair and clear the road and the fee shall be born by the toll road operation and management unit.
Article 56 In case any one, in violation of the provisions of these Regulation, conducts any of the following acts, the responsible person in charge and other directly liable personnel shall be given administrative punishments; where a crime is constituted，he or she shall be investigated for criminal liabilities according to law:
(1) approving the construction of any toll road, the transfer of toll collecting rights in any toll road or the setup and change of toll gate in violation of law;
(2) approving time limit for toll collection and the fee standard of the vehicle toll in violation of laws;
(3) failing to perform the functions and duties of supervision and administration according to law; and
(4) other acts of neglecting duties, engaging in malpractice for personal gains or abusing powers.
Chapter VII Supplementary Provisions
Article 57 The toll road operation and management unit as mentioned in these Regulations refers to any entity or individual that enjoys the toll collection rights, advertisement operation rights and the service facility operation rights of any operating road and bears corresponding duties, and refers to any entity or individual that bears the duty of toll collection and administration for the government loan repayment road.
Article 58 The toll gate area of the expressway and other enclosed toll road is divided into the main road toll gate area and the ramp toll gate area.
Range of the main road toll gate area: area in the building-control zone of the expressway and other enclosed toll road, within 300 meters along the road from the center line of the toll booth of the main road toll gate.
Range of the ramp toll gate area: area in the building-control zone of the expressway and other enclosed toll road, within 150 meters along the roads from the center line of the toll booth of ramp toll gate.
The toll gate area of unenclosed toll road: area in the building-control zone of the toll road, within 150 meters along the road from the center line of the toll booth of the toll gate.
Range of the expressway service zone: area inside the separation fences, between the starting point of the deceleration lane entering the service zone on single side and the ending point of the acceleration lane leaving the service zone.
Article 59 These Regulations shall enter into effect as of April 1, 2010.
No.31
Regulations of Jiangsu Province on Administration of Toll Roads, adopted at the Twelfth Meeting of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province on November 23, 2009, are hereby promulgated and shall enter into effect as of April 1, 2010.
November 23, 2009
Regulations of Jiangsu Province on Administration of Toll Roads
(Adopted at the Twelfth Meeting of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province on November 23, 2009)
Chapter I General Provisions
Article 1 These Regulations are enacted in accordance with the Highway Law of the People’s Republic of China, the Regulations on the Administration of Toll Roads by the State Council and other relevant laws and administrative regulations, in light of the specific situation of this Province, and for the purposes of regulating the administration and the toll collection acts on toll roads, maintaining the lawful rights and interests of the users and business operators of toll roads and promoting the development of road undertakings.
Article 2 These Regulations shall apply to the administration of the toll roads in the administrative regions of this Province.
The toll roads as mentioned in these Regulations refer to the roads (including bridges and tunnels), which comply with the provisions of the Highway Law of the People’s Republic of China and the Regulations on the Administration of Toll Roads by the State Council，and in which vehicle tolls are collected according to law upon approval, including the government loan repayment roads and the operating roads.
The government loan repayment roads refer to the toll roads constructed by the competent transport departments of the people’s governments at or above the county level through making use of loans or raising funds with compensation from enterprises or individuals.
The operating roads refer to the toll roads constructed with the investment of economic organizations both home and abroad or the toll roads to which the right of collecting tolls on the government loan repayment roads are transferred according to law.
Article 3 The local people’s government at or above the county level shall incorporate road construction into the national economic and social development plans, increase the public finance input, support and promote the development of road undertakings. The road development shall focus on non-toll roads, and develop modestly toll roads.
The toll roads shall have rational distribution with their total number being controlled.
Article 4 The competent transport department of the provincial people’s government shall be in charge of the administration of the toll roads in this Province, and the competent transport department of the people’s government of a city divided into districts and a county (city, district) shall, in accordance with relevant provisions, perform their functions and duties of administration on toll roads
The road management agency of the competent transport department shall perform the specific functions and duties of administration on toll roads.
Article 5 The departments of development and reform, finance, public security, price, audit, taxation, commerce and industry and other departments of the local people’s government at or above the county level, shall, according to the duties specified by laws and regulations, do well the relevant work of administration on toll roads.
Article 6 The toll road operation and management unit shall, in accordance with the standards and criterions as prescribed by the State, make routine inspection and maintenance on the toll roads and the facilities along them, and ensure the toll roads are in good technical condition.
The toll road operation and management unit shall take measures to continuously improve the mode of management and service, reduce the cost of operation and management, provide fair and excellent service and raise the social benefit of the toll road.
Chapter II Construction of Toll Roads and Setup of Toll Gates
Article 7 The investment in the construction of any toll road shall conform to the road development plans of the State and this Province，and the technical level and scale of the toll road as prescribed by laws and regulations, and shall be equipped with corresponding investment and construction ability. The investment in the construction of the government loans repayment roads shall be equipped with the capability of repaying the principal and interest on the loans and funds raised with compensation within a prescribe time limit.
The provincial department of development and reform shall not approve the feasibility study report or the project proposal report of any toll road construction project which fails to conform to the provisions of the preceding paragraph.
Economic organizations both home and abroad which are approved to construct the operating roads shall enter into investment and operation agreements with the competent transport departments. The sample investment and operation agreement shall be formulated and promulgated by the provincial competent transport department.
Article 8 The collecting of vehicle tolls may not be permitted on the roads constructed by the competent transport department of the people’s government at or above the county level through making use of loans or raising funds with compensation from enterprises or individuals, and the vehicle tolls for the roads constructed with the investment of economic organizations both home and abroad or the roads to which the right of collecting tolls on the government loan repayment roads are transferred, unless they have been approved according to law.
Article 9 The setup of toll gates on toll roads shall have overall planning, rational distribution and shall be adjusted in time according to economic and social development. The setup and change of toll gates on toll roads shall, according to provisions, be reported to the Provincial People’s Government for approval.
Article 10 The investor for a toll road construction project shall report and apply to the provincial competent transport department for collecting the vehicle tolls and submit the following materials six months before the inspection and acceptance of the project upon completion.
(1) the approval documents for the feasibility study report, the preliminary design and the budgetary estimate of the construction project of the government loan repayment road, or the approval documents for the project application report of the construction project of the operating road;
(2) the calculation method for the standard and time limit for toll collection;
(3) the legal person registration certificate, the relevant approval documents shall be submitted in the case of a Chinese foreign joint (cooperative) venture; and
(4) the approval document of the provincial people’s government for the setup of the toll gate.
The standard and time limit for toll collection of the government loan repayment roads shall be examined by the provincial competent transport department together with the provincial departments of price and finance, and the standard and time limit for toll collection of the operating roads shall be examined by the provincial competent transport department together with the provincial department of price, and both shall be reported to the provincial people’s government for approval after a hearing is held in accordance with the provisions of laws and administrative regulations.
Where the standard and time limit for toll collection need to be adjusted due to the change of the length and scale of the toll roads, formalities shall be gone through for approval according to the provision as prescribed in the preceding paragraph.
Article 11 The provincial competent transport department may decide to exercise unified management over the government loan repayment roads throughout this Province or in a specific region in the Province and apply for loans and repay the loans in an unified manner, and the standard and time limit for toll collection can be verified with comprehensive calculation method and shall report to the Provincial People’s Government for approval.
Article 12 The time limit for toll collection of the government loan repayment roads shall not exceed fifteen years. The time limit for toll collection of the operating roads shall not exceed twenty five years.
Article 13 The provincial people’s government shall publicize such information as the names of toll roads and toll gates, the toll collection units in the administrative region of this Province, the toll collection standard and time limit to the public and accept social supervision.
Article 14 In case the time limit for toll collection of any toll road expires, the toll collection shall be terminated.
In case the loans and the funds raised with compensation have been paid off before the end of the time limit for toll collection of the government loan repayment road, the toll collection shall be terminated.
In case the toll collection is terminated on any toll road in accordance with the provisions of the preceding two paragraphs, the provincial people’s government shall publicize the date for termination of the toll collection to the public and accept social supervision.
Article 15 In case the people’s government of a city divided into districts or a county (city or district) proposes to terminate the toll collection in advance, a toll gate cancellation plan shall be formulated and reported to the provincial people’s government for approval. The toll gate cancellation plan shall include detailed arrangements for accommodation of personnel and debt payment.
Article 16 In case the toll collection of a toll road is terminated, formalities for transfer of the road shall be gone through according to relevant provisions of the State.
The competent transport department shall be responsible for the maintenance and management of the toll road accepted, and ensure that the toll road be in a good technical state. Funds for the maintenance and management of the toll road shall be guaranteed by the public finance.
Chapter III Transfer of Toll Collection Rights on Toll Roads
Article 17 The toll collection rights on toll roads can be transferred, but they shall not be transferred under any of the following circumstances:
(1) the independent two-lane bridges and tunnels whose length is less than 1,000 meters;
(2) the time of toll collection has exceeded two thirds of the approved time limit for toll collection; or
(3) the national defense toll roads.
The transfer of toll collection rights on the government loan repayment roads are strictly restricted.
Article 18 In case the toll collection rights on the national highways (including the trunk lines of the national highways and the national expressway network project) are transferred, the transfer shall be reported to the competent transport department of the State Council for approval. In case the toll collection rights on the roads except the national highways are transferred, the transfer shall be examined and approved by the provincial competent transport department and shall be reported to the provincial people’s government for approval.
In case the toll collecting rights on the government loan repayment roads and the roads operated by the enterprises solely funded by the State or the state-controlled enterprises are transferred, the way of bid invitation or tendering shall be adopted. The competent transport department shall enter into transfer agreement with the accepting party.
In case the toll collecting rights on the operating roads are transferred, the transferring party shall be approved by the competent transport department with which the transferring party concluded investment and operation agreement or transfer agreement.
The sample transfer agreement shall be formulated and promulgated by the provincial competent transport department.
Article 19 The toll collecting rights within the time limit for toll collection can be used lawfully to apply to financial institutions at home for hypothecated loans. The hypothecated loan contract for the toll collecting rights on toll roads shall be registered with the loan credibility information collection service institution and shall be filed with the provincial competent transport department.
The hypothecated loan for the government loan repayment roads shall be used for road construction only.
Article IV Operation and Management
Article 20 The toll road operation and management unit shall, before collecting tolls, obtain the toll collecting license and toll notes according to law, and shall collect vehicle tolls according to the approved toll collecting standard and time limit after the toll road and relevant toll collecting facilities are examined and accepted upon completion.
Article 21 The toll road operation and management unit shall set up a sign indicating the direction of the toll gate no less than 500 meters in front of the toll gate.
The toll road operation and management unit shall set up a toll collecting bulletin board of unified form as prescribed by the provincial competent transport department on an eye-catching place of the toll gate，publicizing relevant information, such as the name of the toll gate，department of examination and approval，toll collection entity，toll collection standard，fixed number of year for starting and ending toll collection，and telephone number for supervision，and other relevant contents，and accept public supervision. In case the toll collecting bulletin board is not set up, the vehicle driving through the toll gate shall have the right to refuse the payment of vehicle tolls.
Article 22 The set up of level crossings along the toll road shall seek the opinion of the toll road operation and management unit and shall be approved by the competent transport department. It is forbidden to connect level crossings in the toll gate area.
Article 23 The vehicle driving through a toll gate shall, according to the traffic signs and relevant provisions, reduce its driving speed and pay the vehicle toll.
The vehicles of troops and armed police troops, the police wagons with uniform marks which are used for handling traffic accident，implementing ordinary patrolling tasks or dealing with emergencies on toll roads under the jurisdiction of a public security organ, and the special supervision and inspection vehicles which are used for inspecting and handling illegal acts on the roads, implementing daily inspecting tasks and dealing with emergencies on toll roads under the jurisdiction of a road administration organ, and the vehicles used for implementation of emergency rescue and relief tasks with the approval by the competent communications department of the State Council or the provincial people’s government shall be exempted from vehicle tolls.
The combine harvesters (including rice trans-planters) operating across regions, other agricultural machines used for field operation which are specified by the provincial agricultural machine administration department and the provincial competent transport department and the vehicles for transporting such machines, and the vehicles fully loaded with fresh and living agricultural products on green channels as prescribed by the State shall be exempted from vehicle tolls. The concrete measures shall be formulated by the provincial competent transport department together with the provincial departments of agriculture, price and finance.
The vehicle which is exempted from vehicle toll or whose vehicle toll is reduced shall, when going through the toll gate, produce valid certificate or certified formality in accordance with provisions and may not rush through the toll gate by force.
It is forbidden to forge, borrow or alter the vehicle toll remission certificate.
Article 24 The toll road operation and management unit shall issue toll notes to the passing vehicles when collecting vehicle tolls.
The toll notes of the government loan repayment roads shall be made and printed uniformly by (or under the supervision of) the provincial finance department. The toll notes of operating roads shall be made and printed uniformly by (or under the supervision of) the provincial local taxation department.
Article 25 In case a serious damage of any road，major traffic accident or bad weather conditions or other circumstances seriously affect the safe passage of vehicles, and diverting the flow of traffic is needed, the provincial competent transport department may decide to grant provisional release of the vehicles through toll gates without payment.
Article 26 In case any vehicle refuses to pay, evades the payment，or pays less than required，the toll road operation and management unit shall have the rights to require it to replenish the vehicle tolls; in case any vehicle refuses to pay, the toll road operation and management unit shall have the rights to deny the access of such vehicle.
Any unit or individual may not purposely block toll crossings，rush through the toll gate by force，assault and batter management personnel of any toll road，destroy or remove toll facilities without approval or undertake other activities that disturb the order of toll road management.
In case of occurrence of the aforesaid acts disturbing the business management order of any toll road, the toll road operation and management unit shall report to the public security organ and the competent transport department in time，and the public security organ and the competent transport department shall handle it in time in accordance with law.
Article 27 Tolls for highways and other enclosed toll roads shall be collected through the provincial computer network, and the accounts shall be settled and managed in an unified way.
The provincial competent transport department shall formulate the plan for collecting tolls through the provincial computer network and conduct supervision and inspection of the implementation.
Article 28 No vehicle driving on any toll road may be overloaded. Any vehicle that exceeds the load limit of the toll road shall not drive on any toll road without approval; in case it is indeed necessary, it shall go through formality of examination and approval according to law.
Vehicle tolls collection based on load may be applied to the freight vehicles driving on the toll roads. The specific measures shall be formulated by the provincial transport, finance and price department and reported to the provincial people’s government for approval.
Article 29 The vehicle tolls collected on any government loan repayment road shall be deposited in full into the special financial account, and the income management shall be strictly separated from expense management.
Article 30 The vehicle tolls collected on any government loan repayment road shall, except that the necessary management and maintenance fees shall be outlaid from the budget of vehicle tolls approved by the provincial finance department, be used exclusively for repayment of loans and funds raised with compensation and may not be diverted for other purpose.
The vehicle tolls collected on any operating road shall be used in accordance with the articles of association for enterprises, the investment and operation agreement and the transfer agreement.
Article 31 The auditing organ shall, according to law, conduct audit supervision over the collection, utilization and management of the vehicle tolls collected on toll roads，and shall make investigation into and deal with any act against law, regulation and other relevant provisions of the State.
Article 32 The vehicles that frequently go through the toll gate of an unenclosed toll road or the vehicles within certain range of area where the toll gate is located, may apply to the toll road operation and management unit for paying vehicle tolls monthly, quarterly, half-yearly or yearly at a favorable price at one time. The toll road operation and management unit shall accept the applications that meet the provisions as provided. The concrete measures shall be formulated by the provincial competent transport department together with the provincial departments of price and finance.
Article 33 After the competent transport department or the road management institution station a road affairs management agency to the toll road, the construction unit and the toll road operation and management unit shall submit relevant road property materials for road affairs management to the road affairs management agency within three months.
Chapter V Service Guarantee
Article 34 The set up of toll crossings shall comply with the requirements for safe driving of vehicles. The number of toll crossings shall comply with the requirements for rapid passage of vehicles. If the requirements of rapid passage of vehicles can not be met, the number of toll crossings shall be increased in time.
Article 35 The toll gate shall put sufficient toll crossings into operation to ensure the normal passing of vehicles and to avoid the congestion and jam of vehicles.
The vehicles used for operation of emergency rescue and relief tasks, ambulatory treatment and government affairs shall be given priority to go through the toll gate.
Article 36 The toll road operation and management unit shall gradually adopt modern technology and utilize Non-stop Electronic Toll Collection System to improve toll collecting service and increase the efficiency.
Article 37 In case the major repair and reconstruction of a toll road conducted by the toll road operation and management unit may affect the normal passing of vehicles, the information of the construction project shall be publicized to the public 5 days in advance and the project shall be constructed and completed on time.
When conducting maintenance operations on toll roads, the toll road operation and management unit shall, set up the traffic signs and safety facilities according to the relevant provisions, strengthen the safety management of the maintenance operation personnel and the operation sites and shall not affect the safe passing through of vehicles.
Article 38 The traffic signs, markings and the separation fences and other traffic safety facilities shall be set up according to the standards and technical norms as prescribed by the State and shall be constructed, examined and accepted and utilized simultaneously with the roads. The toll road operation and management unit shall maintain traffic safety facilities according to relevant standards of the State, and in case the traffic safety facilities are found damaged or missing, they shall be repaired in time; in case the facilities affect traffic safety, warning signs shall be set up.
Where the transportation departments of the public security organ find traffic safety facilities are damaged, missing and may endanger traffic safety with no warning sings set up, they shall take safety measures in time, direct and regulate traffic flow and inform the toll road operation and management unit. The toll road operation and management unit shall make corrections in time after receiving such information.
The competent transport department shall put forward requirements to adjust and perfect traffic signs and markings in light of the present status of the signs and markings and the status of the traffic, road networks and facilities along the roads, and the toll road operation and management unit shall organize and implement the requirements.
In case the toll road operation and management unit puts forward a plan to adjust or alter traffic signs or markings, the plan shall be reported to the competent transport department for approval.
Article 39 The toll road operation and management unit shall, according to the provisions of the State and the competent transport department of this Province, collect and gather information about the construction operations on its road, traffic accidents and disastrous weather which may affect the normal passing of the road, and the data of road status such as traffic flow and maintenance quality, and shall report the information in time to the provincial competent transport department.
The toll road operation and management unit shall share with the public security organ and the competent transport department the information resources it collects such as the toll road monitoring.
Article 40 The toll road operation and management unit shall release the information about road status and the traffic control at proper places; where conditions permit, the toll road operation and management unit may release the information through the variable message bulletin boards and the variable traffic signs.
Article 41 The departments of public security, transport and other departments shall, according to their respective functions and duties, deal with emergencies on toll roads such as natural disasters and major traffic accidents.
The toll road operation and management unit shall, according to the need of disaster relief and rescue, be equipped with necessary disaster relief and rescue devices and equipment to repair damaged roads in time, to clear obstacles on the roads caused by the natural disaster and shall handle other relevant emergency disposition work in emergent situations.
Article 42 Where the expressways and other enclosed toll roads are subject to disastrous weather, major traffic accidents and other major disasters, and the safe passage of vehicles is affected, the public security organs shall, in light of the real situation, take road control measures according to law, such as letting the vehicles pass at intervals, restricting the number and speed, restricting the vehicle type, guiding the vehicles by police cars or closing the roads. The toll road operation and management unit shall cooperate with the public security organs and notify in time the passing vehicles of the information about the traffic control.
Where the situation for road shut-down clears, the public security organs shall re-open the expressway and other enclosed toll roads in time to resume traffic.
Article 43 Service zones shall be constructed on the enclosed toll roads to provide service to the passing vehicles and service zones may be constructed on the unclosed toll roads according to the needs.
The toll road operation and management unit shall, according to the requirement of the relevant industry administration department, maintain all the facilities in the service zone and keep them in good operation status.
The parking lots, public toilets, electricity supply, water supply, gas stations and car repair shall provide 24-hour service. The parking lots, public toilets and water supply shall be provided free of charge.
Article 44 The toll road operation and management unit shall publicize the telephone number for police assistance and provide services for the convenience of customers in the service zones.
In case the vehicles are detained on enclosed toll roads for more than 4 hours due to serious damage of the roads, major traffic accidents or severe natural disasters, the people’s governments along the roads and their relevant departments and the toll road operation and management units shall take emergency measures and create conditions to provide water, food and other services to the detained persons.
Article 45 The toll road operation and management unit shall formulate and publicize management norms for the service zone and accept the supervision of the customers. Where conditions permit, the service zone of the toll road shall provide inquiry service for traffic status information.
The departments of industry and commerce, public security, transport and other departments shall strengthen their supervision over the service zones and ensure they operate according to law and provide standard services.
Article 46 The vehicles entering the service zone of the toll road shall drive according to the signs and markings set up and shall stop and park orderly. Where the vehicles carrying inflammable, explosive or toxic chemicals really need to park temporar, ily in the parking lot, they shall park in the designated zone.
The toll road operation and management unit shall appoint staff members to take charge of the order and safe production management in the service zone.
Article 47 The competent transport departments shall carefully perform their functions and duties, strengthen their administration, inspect and stop, according to law, any act of appropriating, damaging, polluting highways, land and ancillary facilities used by highways and other acts in violation of highway laws and regulations, and shall protect the toll roads and their ancillary facilities.
The public security organ shall, according to law, maintain the order of the toll roads, increase the passing efficiency of the toll roads and strengthen the security management in the toll gate area and service zone of the toll road, and protect the safety of people, the property safety and other legal rights and interests of citizens, legal persons and other organizations.
Article 48 The departments of public security, transport and other departments shall perform their functions and duties of supervision and inspection according to the statutory limits of authority and procedures and shall not collect any fee in supervision and inspection.
The departments of public security, transport and other departments shall publicize administrative system and procedures and accept the supervision of the society and people willingly. Any entity or individual shall be entitled to report and charge the departments of public security, transport and other departments and their staff members for failing to strictly enforce the laws and conducting acts against laws or disciplines. The department receiving such reports or charges shall, according to their functions and duties, inspect and handle them in time.
Chapter VI Legal Liabilities
Article 49 The toll road operation and management unit which, in violation of the provisions in Article 9 of these Regulations, sets up or alters the toll gate without approval or fails to set up or alter the toll gate according to the approved plan, shall be ordered by the provincial competent transport department to make corrections and a fine of not less than RMB 50,000 yuan but not more than RMB 200,000 yuan shall be imposed in accordance with the seriousness of the case.
Article 50 The toll road operation and management unit which, in violation of the provisions in Article 8, Article 9, Article 10 and Article 14 of these Regulations, collects vehicle tolls without approval or fails to terminate the toll collection as required, shall be ordered by the provincial competent transport department to stop colleting the vehicle tolls and be forced to dismantle the toll facilities; the illegal gains, if any, shall be confiscated and a fine of two times up to five times the illegal gains shall be imposed upon it; if there are no illegal gains, a fine of not less than RMB 10,000 yuan but not more than RMB 50,000 yuan shall be imposed; and if the responsible person in charge and other directly liable personnel are state functionaries, they shall be given such administrative punishments as recording a special demerit until dismissal.
Article 51 The toll road operation and management unit which, in violation of the provisions in the first paragraph of Article 17 of these Regulations, transfers the toll collecting rights of the toll road, shall be ordered by the provincial people’s government to make corrections; the responsible person in charge and other directly liable personnel shall be given such administrative punishments as recording a special demerit until dismissal; where a crime is constituted，he or she shall be investigated for criminal liabilities according to law.
Article 52 In case any one , in violation of the provisions in the fifth paragraph of Article 23 of these Regulations, borrows or uses forged or altered vehicle toll exemption certificate to go through the toll plaza, he or she shall pay the full toll according to the provisions in the first paragraph of Article 53 of these Regulations, his or her certificate shall be confiscate by the competent transport department besides, and a fine of not less than RMB500 yuan but not more than RMB5,000 yuan may concurrently be imposed.
Article 53 In case any vehicle, in violation of the provisions in the first paragraph of Article 26 of these Regulations, refuses to pay, escapes the payment, or pays vehicle tolls less than required and passes the toll plaza by force, the toll road operation and management unit may charge five times up to ten times the vehicle toll it should pay; in case the vehicle running on the roads using networked toll collection escapes the payment or pays vehicle tolls less than required by exchanging cards or vehicles, and the mileage of the vehicle is difficult to ascertain, the toll shall be paid according to the mileage between the present toll gate and the farthest one in the road network.
In case any vehicle refuses to pay, escapes the payment，or pays vehicle tolls less than required, the toll road operation and management unit may exercise the rights in the preceding paragraph when the same vehicle reenters the toll road.
In case any one violates the provisions in the second paragraph of Article 26 of these Regulations, the competent transport department may take measures to remove the obstruction and stop the vehicle, and concurrently a fine of not less than RMB200 yuan but not more than RMB2,000 yuan shall be imposed; if the case is serious, a fine of not less than RMB2,000 yuan but not more than RMB10,000 yuan shall be imposed; if such acts are in violation of the administration of public security, the public security organs shall give him administrative penalty for public security; if a crime is constituted，he or she shall be investigated for criminal liabilities according to law; if it results in property loss to any toll road operation and management unit or personal injury of any toll road administration staff members, he or she shall bear civil liabilities for compensation according to law.
Article 54 The toll road operation and management unit which, in violation of the provisions of Article 33 of these Regulations, fails to submit relevant materials, or, in violation of the provisions in the first paragraph of Article 39 of these Regulations, fails to report relevant information and data, shall be ordered by the competent transport department to submit or report within a prescribed time limit; where it fails to submit or report within the time limit, a warning shall be given.
Article 55 The toll road operation and management unit which, in violation of the provisions in the second paragraph of Article 41 of these Regulations, fails to repair the damaged road or clear the obstructions caused by natural disasters and others in time, shall be ordered by the competent transport department to make corrections and a fine of not less than RMB10,000 yuan but not more than RMB50,000 yuan shall imposed; where the toll road operation and management unit refuses to make corrections, the competent transport department shall order it to stop collecting tolls and designate another unit to repair and clear the road and the fee shall be born by the toll road operation and management unit.
Article 56 In case any one, in violation of the provisions of these Regulation, conducts any of the following acts, the responsible person in charge and other directly liable personnel shall be given administrative punishments; where a crime is constituted，he or she shall be investigated for criminal liabilities according to law:
(1) approving the construction of any toll road, the transfer of toll collecting rights in any toll road or the setup and change of toll gate in violation of law;
(2) approving time limit for toll collection and the fee standard of the vehicle toll in violation of laws;
(3) failing to perform the functions and duties of supervision and administration according to law; and
(4) other acts of neglecting duties, engaging in malpractice for personal gains or abusing powers.
Chapter VII Supplementary Provisions
Article 57 The toll road operation and management unit as mentioned in these Regulations refers to any entity or individual that enjoys the toll collection rights, advertisement operation rights and the service facility operation rights of any operating road and bears corresponding duties, and refers to any entity or individual that bears the duty of toll collection and administration for the government loan repayment road.
Article 58 The toll gate area of the expressway and other enclosed toll road is divided into the main road toll gate area and the ramp toll gate area.
Range of the main road toll gate area: area in the building-control zone of the expressway and other enclosed toll road, within 300 meters along the road from the center line of the toll booth of the main road toll gate.
Range of the ramp toll gate area: area in the building-control zone of the expressway and other enclosed toll road, within 150 meters along the roads from the center line of the toll booth of ramp toll gate.
The toll gate area of unenclosed toll road: area in the building-control zone of the toll road, within 150 meters along the road from the center line of the toll booth of the toll gate.
Range of the expressway service zone: area inside the separation fences, between the starting point of the deceleration lane entering the service zone on single side and the ending point of the acceleration lane leaving the service zone.
Article 59 These Regulations shall enter into effect as of April 1, 2010.
