Article 1 The law is made to strengthen the construction and management and
stimulate the development of highways so as to make their development to adapt
to the need of socialist modernization and people's daily living.
Article 2 The law is applicable to the planning, construction, maintenance,
operation, use and management of highways inside the territory of the People's
Republic of China.
The word "highways" in this law includes facilities such as bridges, tunnels
and ferries for the highways.
Article 3 The development of highways in the country shall follow the
principles of overall planning, rational distribution, good quality and
clearance of obstructions, protecting the environment and giving equal stress to
construction, renovation and maintenance.
Article 4 The people's governments at all levels shall adopt effective
measures to support and stimulate the construction of highways. Construction of
highways shall be incorporated into the national economic and social development
The State encourages and guides domestic and foreign economic organizations to
invest in the construction and operation of highways according to law.
Article 5 The State shall help and support areas of minority nationalities,
remote and border areas and impoverished areas to develop highways.
Article 6 Highways shall be divided, according to their positions in the
networks, into State roads, provincial roads, county roads and township roads
and, technically into express ways, first class roads, second class roads, third
class roads and fourth class roads. The specific standards for the division
shall be worked out by the State Council department in charge of transportation.
New roads should conform to their technical standards in grading. The existing
roads that fail to meet the minimum technical grading standards thereof should
be transformed step by step according to the set standards.
Article 7 Highway roads shall be subject to the protection by the State. No
unit or individual is allowed to break or damage highways, land and ancillary
facilities used by highways or illegally put them into one's own use.
Any unit or individual is obliged to protect highways and lands and ancillary
facilities used by highways and has the right to report acts that break and
damage highways, lands and ancillary facilities used by highways and road safety
of highways or put such acts into court.
Article 8 Department of the State Council in charge of transportation shall be
responsible for the administration of highways in the whole country.
Transportation departments of local people's governments at and above the
county level shall be responsible for the administration of highways in their
respective administrative areas; but the functions and responsibilities of
transportation departments of local people's governments at and above the county
level for the administration and supervision of State roads and provincial roads
shall be fixed by respective provincial, autonomous regional and municipal
People's governments of townships, townships of minority nationalities areas
and towns shall be responsible for the construction and maintenance of township
roads within their respective administrative areas.
Transportation departments of local people's governments at and above the
county level may decide to entrust road management organizations to exercise the
duties of highway administration according to the provisions of this law.
Article 9 It is forbidden for any unit or individual to set up checked posts,
collect fees, impose fines or intercept vehicles on highways.
Article 10 The State encourages scientific research in terms of highways and
reward units and individuals that have made significant achievements on
scientific and technical research and application in terms of highways.
Article 11 Provisions concerning special roads in this law apply to apecial
Special highway roads refer to those built, maintained, managed by enterprises
or other units for their respective exclusive or main uses.
Article 12 Highway planning shall be made in the light of the needs of the
national economic and social development and national defense and also in
coordination with urban construction and development plans and the development
of other traffic means.
Article 13 Plans for requisition of lands for constructing roads shall conform
to the master plan for land use and the land used for such purposes shall be
incorporated into the general land use plan of the year.
Article 14 Plans in respect to State roads shall be formulated by the
transportation department of the State Council together with other related
departments of the State Council and the people's governments of provinces,
autonomous regions and municipalities along the lines and submitted to the State
Council for approval.
Plans in respect to provincial roads shall be formulated by the transportation
departments of people's governments of provinces, autonomous regions and
municipalities together with the people's governments of the lower level along
the lines and submitted to the people's governments of the respective provinces,
autonomous regions and municipalities for approval and to the transportation
department of the State Council for the record.
Plans in respect to county roads shall be formulated by the transportation
departments of the people's governments at the county level together with
related departments at the same level and submitted to the people's governments
of the same level for examination and to the people's governments at the next
higher level for approval.
Plans in respect to township roads shall be formulated by the people's
governments of township, townships inhabited by people of minority nationalities
and towns with the assistance of the transportation departments of the people's
governments at the county level and submitted to the people's governments at the
county level for approval.
Plans in respect to county roads and township roads to be approved according
to the provisions of paragraph three and paragraph four of this article shall be
submitted to the transportation departments of the people's governments at the
next higher level for the record.
Plans in respect to provincial roads should be in harmony with plans of State
roads; plans of county roads shall be coordinated with plans of provincial
roads; and plans of township roads shall be coordinated with plans of county
Article 15 Plans of special roads shall be fomulated by units in charge of
special roads and, after being examined by departments in charge at the next
higher level, be submitted to the transportation departments of the people's
governments at and above the county level for approval.
Plans of special roads shall be coordinated with highway planning.
Transportation departments of the people's governments at and above the county
level shall put forward proposals for revision should they find the plans of
special roads not coordinated with plans of State roads, provincial roads,
county roads and township roads and the departments and units in charge of the
special roads shall make revisions accordingly.
Article 16 Partly adjustments of State road plans shall be determined by the
original organ of formulation.
For major revisions of State road plans, the original organ of formulation
shall put forward revision plans and submit them to the State Council for
If plans of provincial roads, county roads and township roads already approved
need revisions, the original organ of formulation shall put forward revision
proposals and submit them to the original organ of approval for approval.
Article 17 Names and indexes of State roads shall be set by the transportation
department of the State Council. Names and indexes of provincial, county and
township roads shall be set by the transportation departments of the people's
governments of provinces, autonomous regions and municipalities according to the
relevant provisions of the transportation department of the State Council.
Article 18 New villages and towns and development zones should be planned and
built with prescribed distances from highways and absolutely not to have any
highway running across to avoid using highways as part of streets to impede the
safety and smooth operations of the highways.
Article 19 The State encourages special roads to be used for public traffic.
If a special road is turned to public use, it shall be made part of provincial,
county or township roads at the request of units in charge of the special roads
or related departments and with the consent of the units in charge of special
roads and the approval of the transportation departments of the people's
governments of provinces, autonomous regions and municipalities.
CHAPTER THREE CONSTRUCTION OF HIGHWAYS
Article 20 The transportation departments of people's governments at and above
the county level should according to their respective duties, safeguard the
order and strengthen supervision and control of highway roads construction.
Article 21 In raising funds for highway construction, people's government at
all levels may, in addition to put in appropriations, collect special charges
for road construction or solicit loans from domestic and foreign financial
organizations or foreign governments according to law and relevant provisions of
the State Council on their own decisions.
The State encourages investments for highway construction by domestic and
foreign organizations. Companies which engage in development and/or management
of highways may, according to law and administrative decrees, raise funds by
means of issuance of stocks or debentures.
Incomes from transfer of rights for collection of toll from highways according
to the provisions of this law should be used for construction of highways.
Raising funds for highway roads construction from enterprises or individuals
should be undertaken under the principle of voluntariness and in accordance with
true needs and possibilities and relevant regulations of the State Council. No
forcible apportion is permitted.
Other means permitted by law or relevant regulations of the State Council can
also be used in raising funds for highways construction.
Article 22 Highway construction should be undertaken in accordance with
procedures for infrastructural construction as provided for by the State and
Article 23 Systems of legal person responsibility, public bidding and project
supervision should be introduced in projects of highway construction according
to the relevant regulations of the State.
Article 24 Units undertaking highway roads construction should, according to
the characteristics and technical requirements of the projects, choose qualified
survey and designing units, construction units and projects supervisors and sign
contracts with them to clearly define respective rights and obligations of both
sides in accordance with provisions of related laws, regulations and rules and
the requirements of the road engineering and technical standards.
Units undertaking feasibility studies, survey and designing, construction,
project supervision for highway roads construction projects must be accommodated
with qualification certificates issued by the State.
Article 25 Undertakings of highway construction should be reported to the
transportation departments of local people's governments above the county level
for approval in accordance with the provisions of transportation department
under the State Council.
Article 26 Highway construction should be undertaken strictly in conformance
with prescribed technical standards of highway construction.
Units of designing, construction and project supervision of highway
construction projects should establish capable Q/C systems and strictly carry
out the job responsibility system in accordance with related laws of the country
and undertake to design, construct and supervise the projects according to the
requirements of related laws, regulations and rules and highway engineering
technical standards and the terms agreed upon in the contracts in order to
ensure the quality of construction.
Article 27 The use of land for constructing highway roads shall be handled
according to relevant laws and administrative decrees.
Highway construction should follow the principle of protecting farmland and
economical use of land.
Article 28 No unit or individual is allowed to intrude or collect fees
illegally for the use of State owned waste hills, wasteland or for the digging
of sand, stone or earth from the State owned waste hills, wasteland, river beds
and poulders for highway construction only if necessary procedures as provided
for by related laws and administrative decrees have been undertaken for the
Article 29 Local people's governments at all levels should provide necessary
support and assistance to the lawful use of land and resettlement of people for
construction of highway roads.
Article 30 Design and work of highway construction should be done in
conformance with requirements of the protection of environment, historical
relics and sites and the prevention of water loss and soil erosion.
Highway construction projects planned to adapt to the requirements of national
defense should be undertaken strictly according to the plans so as to ensure
meeting the needs of national defense in transportation.
Article 31 Should road construction project affect the normal operation of
railways, water conservancy, power, postal and telecomunications and other
facilities, the unit for the construction should convey prior agreements form
related units. If the construction of road has caused damages to the afore-said
facilities, the unit responsible for carrying out the construction should
undertake to give a remedy to the facilities affected to help restore their
technical standards to no lower than the originals or give them corresponding
Article 32 In reconstructing highway roads, construction units concerned
should post signs at both ends of the section under reconstruction. If the
reconstruction requires vehicles to bypass, signs should be posted at the entry
of the road to indicate the way to by pass and on condition that there is no way
for by-passing the section, a temporary road should be built by the construction
unit concerned to facilitate the passage of vehicles and pedestrians.
Article 33 Upon completion, highway roads construction and repairing projects
are subject to procedures of examination and acceptance according to relevant
regulations of the State. Those projects that have not been examined or have
been found unqulified for acceptance shall not be put to use.
Clear signs and lines should be created for completed highway roads according
to the regulations of the transportation under the State Council.
Article 34 Local people's governments above the county level should allocate
land on the roadside within 1 meter width from the outer edges of the side
ditches (water catch ditches and road protection channel, the same below) on
both sides of a road for the use of the related highway.
Article 35 Related administrative departments of highways should undertake to
maintain highway roads according to the technical standards and operational
procedures as prescribed by the transportation department under the State
Council to ensure the roads are in good state technically.
Article 36 Expenses for highway maintenance should be acquired through
collection of fuel oil surcharge paid by units and individuals in purchase of
fuel oil according to the relevant provisions by the State. In cases where fuel
oil surcharge is collected, no more road maintenance fees shall be collected.
Specific procedures and steps shall be set by the State Council for the purpose.
Before the enforcement of collection of fuel oil surcharges, the existing road
maintenance fee collection regulations shall be in force. Road maintenance fees
should be used for maintaining and reconstructing highway roads. Receipts should
be given by departments in charge of transportation to units and individuals
that have paid road maintenance fees. Receipts of road maintenance fee should be
attached to a place of clear sight on the vehicles. Vehicles bearing no such
receipts of road maintenance fees are not allowed to run on the roads.
Article 37 People's governments at the county and township levels should give
support and assistance in fetch of sand, stone, earth or water for road
Article 38 People's governments at the county and township levels should
organise free services of rural residents on both sides of roads for highway
construction and maintenance according to the related regulations of the State.
Article 39 To ensure the personal safety of road maintenance personnel,
specific and safety uniform should be wore by such personnel in maintaining
roads. Vehicles used in road maintenance should bear easy- to-see signs
indicating that work of road maintenance is proceeding.
In the running operation of road maintenance, vehicles shall not be subject to
the restrictions of road signs and road marks in route and direction under the
condition of no effect to the normal running of other vehicles. Other vehicles
running along the road should give way to road maintenance vehicles and
If road maintenance operation affects the passage of vehicles and pedestrians,
the provisions of Article 32 of this law shall apply.
Article 40 When break of State highways and provincial roads due to serious
natural disasters, related highway administrative departments should give timely
repair. Should there be any difficulties for the related highway administration
to undertake repair in time, local people's governments above the county level
should lose not time to organize local government institutions, people's
organizations, enterprises and urban and rural residents for rush repairs. They
may also ask for assistance from local army so as to restore the operation of
the roads as soon as possible.
Article 41 Highway administrative departments are responsible for soil and
water preservation on hillslopes and wasteland at two sides of highways.
Article 42 Highway administration departments shall organize greening of
highway roads according to the road engineering technical standards.
Trees at two sides of highways should not be felled without authorization.
Required regenerative felling should go through prescribed examination and
approval procedures to get the consent of transportation departments of local
people's governments above the country level and re-planting should be
Article 43 Appropriate measures should be undertaken by local people's
governments at all levels to strengthen protection to the roads.
Departments in charge of transportation of local people's governments above
the county level should conscientiously work to protect highway according to law
and strive to improve road management by employing scientific methods and
advanced technologies, gradually raise level of facilities used by the road in
services and ensure good conditions, safety, and good traffic of the roads.
Article 44 Without authorization, no unit or individual is allowed to occupy
or dig the roads for own uses.
If the construction of railways, airports, power plants, telecommunications
facilities, water conservancy projects and other constructions projects needs to
occupy, dig or change the route of roads, prior consents should be obtained by
construction unit concerned from related departments in charge of
transportation. If safety of transport would also be affected, approval from the
related public security organs should also be conveyed.
After occupying, digging or changing the routes of roads, construction units
concerned should repair or rebuild them at least up to their original technical
standards or give corresponding economic compensations.
Article 45 Building of bridges and/or aqueducts or putting up or laying
pipelines across over, at or under the roads or erecting or laying pipelines,
cables and other facilities in land used by roads, prior consent should be
conveyed from related departments in charge of transportation. If safety of
transport would also be affected prior consent from the related public security
organs should also be conveyed. Facilities being built, erected or laid should
conform to technical standards as required by road engineering. Damages caused
to the roads by such undertaking should be compensated for according to the
seriousness of the cases.
Article 46 No unit or individual is allowed to put up stands or stalls, store
things, dump refuse, put up obstructions, dig ditches to divert water, or use
roadside ditches to discharge waste matters on highway roads or land used by the
roads or carry out any other activities that would result in damages or
pollution to the roads or affect the traffic of the roads.
Article 47 No sand collection, stone query, earth digging or waste dumping,
explosive operations and other activities that would threaten the safety of
roads, road bridges, road tunnels and road ferries is allowed within the
perimeter of 200 meters of large and medium-sized road bridges or ferries and
within a perimeter of 100 meters above road tunnels or outside the mouths of
road tunnels and within a certain distance on both sides of the roads.
Building of dams, narrowing or widening of river beds for the purpose of
rescue operations and flood prevention in the areas mentioned in the preceding
paragraph should get prior approval from transportation depattments of the
people's governments of respective provinces, autonomous regions and
municipalities and related water resources administrative departments, and
effective measures should be carried out to protect the related roads, road
bridges, road tunnels and road ferries.
Article 48 Except short crossing by farm machineries to perfom necessary
operation in fields, iron-wheel carts, caterpillar vehicles and other machines
and tools that might damage road surface are not allowed to run on the roads. If
the running of such vehicles is needed, prior approval should be conveyed from
transportation departments of the local people's governments above the county
level and effective measures should be adopted to protect road surface and the
running can only be carried out at the time and along the routes designated by
the related public security organs. Damages to the roads should be compensated
for according to the seriousness of cases.
Article 49 The axle-load mass of vehicles running on roads should conform to
the technical standards as set by road engineering requirements.
Article 50 Vehicles that exceed the load, height, width and length limits by
roads, road bridges, road tunnels or auto ferry boats are not allowed to run
along roads, road bridges or road tunnels that have limits or on auto ferry
boats. Necessary runnings of vehicles exceeding the above-said road or road
bridge limits prior approvals should be conveyed from transportation departments
of local people's governments above the county level and necessary and effective
protective measures should be adopted. If traffic safety would be affected,
approval of public security organs at the same level should also be conveyed.
Vehicles hauling undegradable objects exceeding the prescribed limits should run
at the time, route and speed allowed with apparent signs posted on easy-to-see
If the transport unit concerned is incapable of carrying out the protective
measures prescribed in the preceding paragraph alone, transportation departments
in charge should assist in action with costs of the actions being borne by the
transport unit concerned.
Article 51 Highway roads are not permitted to be used by motor vehicle
manufacturers and other units as testing ground for tests of braking of motor
Article 52 No unit or individual is allowed to damage or move or alter
ancillary facilities of roads.
Ancillary facilities of roads mentioned in the preceding paragraph refer to
facilities, equipment and special buildings or structures for road protection,
water discharge, maintenance, management, services, traffic safety, ferrying,
monitoring and control, telecommunications and fee collection for the purpose of
protecting, maintaining and ensuring traffic safety of roads.
Article 53 Those who have caused damages to roads should timely report the
cases concerned to and accept on-the-spot investigations by road administrative
Article 54 No unit or individual is allowed to erect signs other than road
signs within the land used by roads without the approval of the the
transportation departments of local people's governments above the county level.
Article 55 The addition of road crossings should get prior approval according
to the related regulations of the State and the crossings should be built
according to the State prescribed standards.
Article 56 Except as required by road protection and maintenance, it is
forbidden to construct buildings or ground structures within the control areas
on both side of roads. Necessary layings of pipelines and cables and other
facilities within the control areas of roads, prior approvals of the
transportation departments of local people's governments above the county level
should be conveyed.
The control area for construction mentioned in the preceding paragraph should
be demarcated by the local people's governments above the county level according
to the principle of ensuring traffic safety and economical use of land and the
provisions of the State Council.
After the control area for construction has been demarcated by the local
people's governments above the county level, the transportation departments of
local people's governments above the county level should put up signs and
boundary markers. No unit or individual is allowed to damage or move such signs
or boundary markers without authorization.
Article 57 Except the provisions of the second paragraph of Article 47 of this
law, the road administration functions exercised by the transportation
departments prescribed by this chapter should be exercised by road management
organizations according to the provisions of Paragraph 4 of Article 8 of this
Article 58 The State allows the opening of toll high-ways according to law and
the number of toll highways must be put on control.
Except highway roads that may collect tolls as prescribed by the provisions of
Article 59 of this law, no other roads are allowed to collect tolls.
Article 59 Collection of tolls is allowed according to law for the following
roads that conform to the technical grading and size prescribed by the
transportation departments under the State Council:
1. Roads built by transportation departments of local people's governments
above the county level by using loans or funds raised from enterprises and
2. Roads of domestic or foreign economic organizations that have got the right
to collect tolls according to law;
3. Roads built with investment from domestic or foreign economic organizations
according to law.
Article 60 Terms of collection of tolls of roads built by transportation
departments of local people's governments above the county level with loans or
funds raised should be determined by the people's governments of respective
provinces, autonomous regions and municipalities according to the principle of
return of the loans or funds raised through collection of tolls in line with the
provisions of the transportation department under the State Council.
After a transfer of the right of toll collection, the toll road concerned
should be operated by the side to which the toll collection right is
transferred. Terms transfer of collection right should be agreed upon by the
transferor and the transferee and submitted to organ which approves the transfer
for approval, but the term shall not exceed the time limit set by the State
Joint construction of roads by domestic and foreign economic organizations
should go through the examination and approval procedures according to the
relevant regulations of the State. After completion, the roads shall be managed
and the tolls shall be collected by the investors. Terms for toll collection
should be agreed upon by related transportation departments and investors
according to the principle of return of investment with reasonable profits and
submitted for examination and approval according to the relevant regulations of
the State, but the time limit shall not exceed that set by the State Council.
Article 61 The transfer of toll collection right of State road as prescribed
in Item 1 of Paragraph 1 of Article 59 shall be approved by the transportation
department under the State council. The transfer of toll collection right for
other roads shall be approved by the people's governments of respective
provinces, autonomous regions and municipalities and submitted to the
transportation department under the State Council for the record.
Minimum prices for the transfer of toll collection right prescribed in the
preceding paragraph should be determined on the basis of the value appraised by
State property appraisal organizations.
Article 62 Domestic or foreign economic organizations to which the toll
collection right has been transferred and which have invested in the
construction of roads should set up enterprises for developing and managing
roads according to law (hereinafter referred to as "road management
Article 63 The standards for toll collection should be proposed by toll
collecting units and submitted to the people's government of respective
provinces, autonomous regions and municipalities together with price departments
at the same level for approval.
Article 64 Opening of toll gates to collert tolls on the toll roads should get
approval from local government of provinces, autonomous regions and
municipalities under the jurisdiction of the State Council. Openings of toll
gates that transcend provinces, autonomous regions and municipalities should be
decided by the people's governments of related provinces, autonomous regions and
municipalities through consultation. Should consultation fail, the related
decisions shall be made by transportation department under the State Council.
When a single toll road is built by different transportation departments or
run by different road management enterprises, toll gates of which should be
built in a unified and rational manner according to the principle of "unified
collection and proportionate sharing of toll fees".
The distance between two toll gates should not be less than the standards set
by the transportation department under the State Council.
Article 65 When a toll collection right contract expires, the right shall be
recovered by the transferor.
When the toll collection right transfer contracts for toll roads that are
invested and managed by domestic and foreign economic organizations expires, the
roads should be recovered free by the State and handed over to transportation
departments for management.
Article 66 The maintenance of roads whose toll collection rights have been
transferred according to the provisions of Article 59 of this law or jointly
invested and built by domestic of foreign economic organizations should be
undertaken by enterprises that jointly manage the roads. The afore-said road
management organizations, during their management of the roads, should do well
to maintain the roads according to the technical standards and operational
procedures prescribed by the transportation department under the State Council.
The roads should remain in a sound technical state when the term for toll
collection right transfer or operation expires.
The greening and water and soil conservation within the land used by roads
should be undertaken by road management enterprises.
Road administration prescribed in the first paragraph is applicable to the
provisions of Chapter Five of this law. The functions of road administration
should be exercised by organizations and personnel commissioned by the
transportation departments of local people's governments above the county level
or road management organizations.
Article 67 If activities on toll roads listed in the second paragraph of
Article 44, Article 45, Article 48 and Article 50 of this law have caused
damages to road management organizations, corresponding compensation should be
made in addition to undertakings prescribed in this article.
Article 68 The specific methods for operating toll roads shall be formulated
by the State Council according to the provisions of this law.
CHAPTER SEVEN SUPERVISION AND CHECKING
Article 69 Departments in charge of transportation and highway administrative
organizations shall exercise supervision and checking on the implementation of
laws and regulations concerning highways.
Article 70 Departments in charge of transportation and highway administration
organizations are responsible for the administration and protection of the roads
and are empowered to check and stop all acts that occupy, damage roads and land
used by roads and road ancillary facilities and other acts that violate the
provisions of this law.
Article 71 No unit or individual may intrude the work of supervisory and
checking personnel in supervision and checks made to roads, building control
area of roads, parking lots and owners of vehicles.
Article 72 Departments in charge of transportation and highways administration
organizations should strengthen administration and training of road supervisory
and checking personnel, urging them to get familiar with the related laws and
regulations of the State, to be fair, honest and warm-hearted in performing
their duties, and to enforce the law impartially.
Supervision and checking should be strengthened on the supervisory and
checking personnel to see whether they work in strict accordance with the law
and lose no time to correct their law-violating acts and handle such acts
Article 73 Special vehicles used for highway supervision and checking should
bear clear and unified signs and warning lights.
Article 74 Erection of check posts or collection of tolls without
authorization in violation of the laws or related regulations of the State
Council, shall be ordered to immediately stop by the transportation department
in charge with confiscation of the illegal proceeds and a fine of less than
three times the illegal proceeds, if any, and of less than RMB20,000 if there
are no illegal proceeds. The people in charge, directly responsible and other
people directly involved shall be given administrative punishments.
Article 75 Undertakings of any engineering work without approval by
transportation departments in charge in violation of the provisions of Article
25 of this law, shall be ordered immediately to stop by departments of
transportation in charge with a fine of less than RMB50,000.
Article 76 A failure to pay road construction and maintenance fees due
according to relevant regulations of the State, shall be ordered by departments
of transportation in charge to make payment within a prescribed time limit,
together with default fines on a daily basis. If still failing to pay within the
time limit precribed, a fine amounting to three times the amount in default
shall be imposed and the transportation departments in charge may apply for
compulsory enforcement of the punishment with the people's court.
Article 77 For the following law-violating acts the department of
transportation in charge shall order an immediate stop and impose a fine of less
1. Occupying and digging roads in violation of the provisions of paragraph 1
of Article 44 of this law;
2. Building bridges, aqueducts or erect or lay pipelines, cables and other
facilities without approval or not in conformance with prescribed engineering
technical standards in violation of the provisions of Article 45 of this law;
3. Engaging in operations that threaten the road safety in violation of the
provisions of Article 47 of this law;
4. Driving iron-wheel carts, caterpillar vehicles and other machinery that
might damage road surfaces on the road without authorization in violation of the
provisions of Article 48 of this law;
5. Driving overloaded vehicles or auto ferry or driving vehicles exceeding
limits set in violation of the provisions of Article 50 of this law; and
6. Damaging, moving or altering road ancillary facilities or damaging or
moving signs or boundary markers of building control areas of roads to threaten
the road safety in violation of the provisions of Article 52 and Article 56 of
Article 78 Causing damages and pollution of road surfaces, or impeding the
smooth traffic of the roads in violation of the provisions of Article 46 of this
law or using roads as test-run ground in violation of the provisions of Article
51 of this law, shall be ordered to an immediate stop by departments of
transportation in charge with a fine of less than RMB5,000.
Article 79 Causing damages to roads without reporting in violation of the
provisions of Article 53 of this law, shall be imposed a fine of less than
RMB1,000 by departments of transportation in charge.
Article 80 Putting of signs other than road marks within the areas of the land
for use by roads in violation of the provisions of Article 54, shall be ordered
removal of the signs within a prescribed time limit by department of
transportation in charge with a fine of less than RMB20,000. If the illegal
signs are not removed within the prescribed time limit, departments of
transportation in charge shall remove them out with the expenses for the moving
being borne by people who are held responsible for the signs.
Article 81 Adding road crossings without approval in violation of the
provisions of Article 55, shall be ordered to restore to the original state by
departments of transportation in charge with a fine of less than RMB50,000.
Article 82 Erecting buildings and ground structures or laying pipelines,
cables or other facilities without authorization in violation of the provisions
of Article 56 of this law, shall be ordered by departments of transportation in
charge to dismantle the projects within a prescribed time limit with a fine of
less than RMB50,000. If the dismantle work is not done within the prescribed
time limit, the departments of transportation in charge shall dismantle them
with the expense arisen thereof being borne by the builders.
Article 83 Except those provided for in Article 74 and Article 75 of this law,
the administrative penalties and measures exercised by departments of
transportation in charge may be exercised by highway administrative
organizations as prescribed in the fourth paragraph of Article 8 of this law.
Article 84 For cases that have obstructed road construction or urgent road
repairing thus causing the construction or repairing unable to proceed normally,
but have not caused serious damages, the provisions of Article 19 of the
Regulations on the Management and Penalty Concerning Public Security shall
For cases that have damaged roads or moved road marks without authorization to
a possible effect to traffic safety but not eligible for criminal punishments,
the provisions of Article 20 of the Regulation on the Administration and Penalty
Concerning Public Security shall apply.
For cases that have refused or intruded the work of road supervisory and
checking personnel but without the use of force or threat, the provisions of
Article 19 of the Regulations on the Administration and Penalty Concerning
Public Security shall apply.
Article 85 For acts that have violated provisions of this law and constituted
a crime, criminal responsibilities shall be affixed.
Article 86 For acts that have violated the provisions of this law and caused
damages to roads, civil responsibilities shall be affixed.
For cases of fairly serious damages to roads, the vehicles concerned must be
stopped running with strives undertaken to protect the site and report to the
highway administrative organizations and the vehicles involved can only be
removed after checking and settlement of the matter by related highway
Article 87 For dereliction of duty, deception to seek personal gains, abuse of
power by working personnel of departments of transportation in charge or highway
administrative organizations if the cases are serious enough to constitute
crimes, criminal responsibilities shall be affixed but if the cases are not
serious enough to constitute a crime, administrative punishments shall be meted
CHAPTER NINE SUPPLEMENTARY PROVISIONS
Article 88 This law comes into force as of January 1, 1998.
Related Clauses of the Regulations on the Administration and Penalty
Concerning Public Security
Article 19 One of the following acts disrupting public order that is not
eligible for criminal punishments shall be punished for 15-day detainment, a
fine of less than RMB200 or a warning:
1. Disrupt the order of government institutions, people's organizations,
enterprises and other institutions, causing work, production, operation, medical
treatment, teaching and research unable to proceed normally but have not caused
7. Refuse or obstruct government functionaries from performing their duties
according to law, but without using force or threat.
Article 20 A punishment of 15-day detainment, a fine of less than RMB200 or a
warning shall be meted out for one of the following cases that disrupt public