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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II CONSTRUCTION OF TOLL ROADS AND SETUP OF TOLL BOOTHS CHAPTER III TRANSFER OF RIGHTS AND INTERESTS OF TOLL ROADS CHAPTER IV MANAGEMENT OF TOLL ROADS CHAPTER V LEGAL LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Regulation is formulated in accordance with the Highway Law of the People's Republic of China (hereinafter referred to as the Highway Law) for the purpose of strengthening the administration on toll roads, regulating the toll collection acts on toll roads, maintaining the lawful rights and interests of the business operators and users of toll roads, and promoting the development of road industry. Article 2. The "toll roads" mentioned in the present Regulation, shall refer to the roads (including bridges and tunnels), which comply with the Highway Law and the provisions of the present Regulation, and in which vehicle tolls are collected according to law upon approval. Article 3. The people's governments at all levels shall take positive measures to support and promote the development of highway industry. The highway development shall focus on non-toll roads, and properly develop toll roads. Article 4. No vehicle tolls may be charged on the road, which is constructed through government investment or donation of public organizations or individuals. Article 5. No entity or individual may set up any booth or checkpoint on roads to collect vehicle tolls in violation of the Highway Law and the provisions of the present Regulation. Article 6. Any entity or individual shall have the right to refuse the payment of vehicle tolls charged illegally by any one who illegally sets up toll booth or checkpoint on highways. For the acts illegally establishing tollbooths or checkpoints on highways, illegally collecting or using vehicle tolls, illegally transferring the rights and interests of toll roads or illegally extending the time limit for toll collection, etc., any entity or individual shall have the right to report to the departments of traffic, price or finance, etc.. The department that has received such report shall make investigation and handling in time according to the division of functions. If it does not have the right to investigate into and handle it, it shall transfer it immediately to the department that has such right. The department accepting the case shall make investigation and handling within 10 days upon receipt of such report or the materials transferred. Article 7. The business operator of any toll road shall have the right to collect vehicle tolls on vehicles passing through the toll road according to law upon approval. Vehicle tolls shall be exempted for the vehicles of troops and armed police troops, the police wagons with uniform marks which are used for handling traffic accident, execution of ordinary patrolling tasks or disposing emergencies on toll roads within the jurisdiction of a public security organ, and the vehicles used for execution of emergency rescue and relief tasks upon the approval of the competent communications department of the State Council and the people's government of the province, autonomous region, and municipality directly under the Central Government. Vehicle tolls shall be exempted for vehicles of combines and transportation combines (including rice transplanter) making trans-regional operation. No combine may pass through freeways. Article 8. No entity or individual may illegally interfere in the business management of any toll road in any form, or seize or embezzle vehicle tolls collected by any business operator of any toll road according to law. CHAPTER II CONSTRUCTION OF TOLL ROADS AND SETUP OF TOLL BOOTHS Article 9. The construction of any toll road shall comply with the highway development plan of the state and the province, autonomous region, and municipality directly under the Central Government, and comply with the technical level and scale of the toll road prescribed by the present Regulation. Article 10. The vehicle tolls for the road constructed by the competent communications department of the people's government at or above the county level through making use of loans or raising funds onerously to enterprises or individuals (hereinafter referred to the roads whose loans are repaid by the government), road constructed with the investment of economic organizations both home and abroad or whose toll rights on the road, with the loans of which being repaid by the government, are assigned in accordance with the Highway Law (hereinafter referred to the for-profit roads) may not be collected until it has been approved according to law. Article 11. The principle of separating governmental functions and institution management shall be followed for the construction and management of highways whose loans are repaid by the government, and a special non-profit making legal person organization shall be established according to law. The competent communications department of any people's government of the province, autonomous region, and municipality directly under the Central Government may implement unified administration, unified granting of loans and unified repayment of loans on the roads whose loans are repaid by the government within its own administrative region. The for-profit road construction projects shall be announced to the general public, and the investors shall be chosen by way of bid invitation or tendering. The for-profit road shall be constructed, operated and managed by a road enterprise legal person established according to law. Article 12. The setup of toll booths on toll roads shall be subject to the examination and approval of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government according to the following provisions: (1) No toll booth may be established on the main lane of any highway and other closed toll roads apart from the entry and exit in the two ends, unless there is real necessity to set up tollbooths between provinces, autonomous regions, and municipalities directly under the Central Government; and (2) The space between two neighbouring toll booths shall be no less than 50 kilometers in the same main road of a non-closed toll road. Article 13. Tolls shall be collected through computer network on highways and other closed toll roads, so as to reduce toll booths and improve efficiency of driving through. The concrete measures for toll collection through internet shall be formulated by the competent communications department of the State Council together with the relevant departments of the State Council. Article 14. The time limit for toll collection of any toll road shall be subject to the examination and approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in light of the following standards: (1) The time limit for toll collection of the road whose loans are repaid by the government shall be determined according to the principle of loans being repaid by the tolls collected and onerously raised funds being repaid by the tolls collected. The maximum time limit may not exceed 15 years. The maximum time limit for toll collection of the road whose loans are repaid by the governments of the provinces, autonomous regions, and municipalities directly under the Central Government in the middle and western areas determined by the state may not exceed 20 years; and (2) The time limit for toll collection of for-profit roads shall be determined in light of the principle of redemption of investment with reasonable returns. The maximum time limit may not exceed 25 years. The maximum time limit for toll collection of for-profit roads of the provinces, autonomous regions, and municipalities directly under the Central Government in the middle and western areas determined by the state may not exceed 30 years. Article 15. Hearings shall be made for charging standards of vehicle tolls in accordance with the price laws and administrative regulations, and the examination and approval shall be conducted in light of the following procedures: (1) The charging standards for roads whose loans are repaid by the government shall be subject to the examination and approval of the corresponding people's government after being checked by the competent communications department of the people's government of the province, autonomous region, and municipality directly under the Central Government together with the competent price department and finance department of the corresponding level; and (2) The charging standard for for-profit roads shall be subject to the examination and approval of the corresponding people's government after being checked by the competent communications department of the people's government of the province, autonomous region, and municipality directly under the Central Government together with the competent price department of the corresponding level. Article 16. The charging standard for vehicle tolls shall be computed and determined in accordance with the technical level of the road, total investment, local price indexes, time limit for repayment of loans or fund raised onerously, time limit for redemption of investment, volume of traffic and other factors. For vehicles that transport fresh and life farm products in the green passages prescribed by the state, the charging standard for vehicle tolls may be lowered properly or exempted. In case of constructing facilities having no relation with the management of toll roads, or constructing facilities and service facilities for managing toll roads exceeding the standards, the expenses may not be regarded as the factor for determination of the charging standard. In case there is necessity to adjust the charging standard for vehicle tolls, it shall be handled in light of the procedures prescribed in Article 15 of the present Regulation. Article 17. As to the toll booth of any toll road, time limit for toll collection, charging standard for vehicle tolls or the adjustment plan of charging standard, which are examined and approved according to the procedures prescribed by the present Regulation, the department of examination and approval shall put the relevant documents on archives to the competent communications department and price department of the State Council within 10 days from the date of examination and approval. If the roads are those whose loans are repaid by the government, the relevant documents shall also be put on archives at the finance department of the State Council within 10 days from the date of examination and approval. Article 18. The following technical level and scale shall be complied with for the construction of toll roads: (1) For freeways, the consecutive mileage shall be more than 30 kilometers, excluding the freeways from the urban district to its airport; (2) For arterial roads, the consecutive mileage shall be more than 50 kilometers; and (3) For independent bridges or tunnels of two lanes, the length shall be more than 800 meters; for independent bridges or tunnels of four lanes, the length shall be more than 500 meters. No tolls shall be charged on roads whose technical level is two or less. But vehicle tolls may be collected upon approval according to law on the secondary road whose consecutive mileage is more than 60 kilometers, and which is constructed by the provinces, autonomous regions, and municipalities directly under the Central Government in the middle and western areas determined by the state. CHAPTER III TRANSFER OF RIGHTS AND INTERESTS OF TOLL ROADS Article 19. In case any rights and interests of any toll road are transferred according to the provisions of the present Regulation, it shall be publicized to the society. The transfer shall be made in the way of bid invitation or tendering, and the business operators shall be chosen fairly, justly and openly, and a transfer agreement shall be signed according to law. Article 20. The rights and interests of a toll road shall include toll collection rights, advertisement operation rights, and service facilities operation rights. The lawful rights and interests of investors shall be protected according to law when transferring the rights and interests of any toll road. Article 21. In case of transferring the toll collection rights in the rights and interests of the road whose loans are repaid by the government, the transferor may apply for extending the time limit for toll collection, but the extension period shall not exceed five years. The time limit for toll collection shall not be extended for transfer of toll collection rights in the rights and interests of for-profit roads. Article 22. Under any of the following circumstances, the toll collection rights in the rights and interests of a toll road may not be transferred: (1) The independent bridge and tunnel with two lanes whose length is less than 1,000 meters; (2) Secondary roads; or (3) The time for toll collection has exceeded two thirds of the approved toll collection time. Article 23. The income from transfer of rights and interests of the roads whose loans are repaid by the government shall be turned in to the treasury, and shall be used for road construction apart from being used for repayment of loans and funds raised onerously. Article 24. The concrete measures for the transfer of the rights and interests of any toll road shall be formulated by the competent communications department of the State Council together with the development and reform department and finance department of the State Council. CHAPTER IV MANAGEMENT OF TOLL ROADS Article 25. A toll road shall be checked and accepted in accordance with the relevant state provisions after its construction is completed. No vehicle tolls may be collected until the road is qualified after checking and acceptance. No tolls may be collected during the construction of a toll road. Article 26. The business operator of a toll road shall make routine inspection and maintenance on the toll road and the facilities along it in accordance with the standard and criterions prescribed by the state, so as to ensure that the toll road be in a good technical state, and provide high quality services for vehicles and personnel passing through it. For the maintenance of a toll road, the construction shall be made strictly in accordance with the time limit for the maintenance, and the construction shall be completed accordingly, no one may postpone the maintenance construction by exceeding the time limit, nor may the construction influence the safe passage of vehicles. Article 27. The business operator of a toll road shall set up a bulletin board on an eye-catching place of a toll booth, specifying the name of the toll booth, department of examination and approval, toll collection entity, charging standard, fixed number of year for starting and ending toll collection, and supervision telephone, and other contents, etc., so as to accept public supervision. Article 28. The business operator of a toll road shall set up traffic signs and markings in light of the standards prescribed by the state and in combination with the traffic status, facilities along the roads, and etc.. The traffic signs and markings shall be clear, accurate and identifiable. The important passage information shall be indicated repeatedly. Article 29. The set up of a toll plaza shall comply with the requirements for safe driving of vehicles; the number of toll plazas shall comply with the requirements for rushing through of vehicles, and shall not result in traffic jam. Article 30. The staffing of toll attendants of any toll booth shall be in keeping with the number of toll plazas and the traffic flow rate, no toll attendant may be increased at will. The business operator of a toll road shall strengthen vocational training and education of professional ethics on toll attendants of the toll booth, the toll collectors shall be polite and provide services up to the standard. Article 31. In case of road damage, construction or occurrence of a traffic accident and other circumstances that may influence the normal and safe driving of vehicles, the business operator of a toll road shall set up safeguard and precautious facilities on the scene, and give indication on speed limit or warnings on the entry and exit of the toll road, or make a public notice by making use of the changeable information along the toll road and other facilities. If it results in a traffic jam, the business operator shall report to the relevant department and assist in directing the flow of traffic. In case of a serious damage of any road, or bad weather conditions or major traffic accident and other circumstances that seriously affect the safe passage of vehicles, the public security organs shall take such traffic control measures as restricting the driving speed and closing the road according to law in light of the circumstances. The business operator of a toll road shall actively cooperate with the public security organs and make indication to the vehicles passing through the road the relevant traffic control information. Article 32. The business operator of any toll road shall issue notes to the users of the toll road when collecting vehicle tolls. The toll notes of the roads whose loans are repaid by the government shall be printed circuit by the finance department of the people's government of the province, autonomous region, and municipality directly under the Central Government. The toll notes of for-profit roads shall be printed circuit by the taxation department of the people's government of the province, autonomous region, and municipality directly under the Central Government. Article 33. The business operator of any toll road shall have the right to refuse the driving through of any vehicle that refuses to pay, escapes the payment, or pays vehicle tolls less than it should pay according to law, and requires it to replenish the vehicle tolls that should be paid. No one may purposely block toll plazas, rush out of the toll booth by force, assault and batter management personnel of any toll road, destroy toll facilities or undertake other activities disturbing the management order of the toll road for the purpose of refusing to pay, escaping the payment of, or paying less vehicle tolls than he should pay. In case of occurrence of the aforesaid acts disturbing the business management order of any toll road, the business operators of the toll road shall report to the public security organs in time, and the public security organs shall handle it according to law. Article 34. No vehicle driving on any toll road may be overloaded. Once finding that any vehicle is overloaded, the business operator of the toll road shall report to the public security organ immediately, and the public security organ shall handle it according to law. Article 35. No business operator of any toll road may have the following acts: (1) Raising the charging standard of vehicle tolls without permission; (2) Collecting more fees or collecting as agent any other fees besides the charging standard for vehicle tolls; (3) Collecting by force or by other improper means vehicle tolls in a certain period per vehicle; or (4) Not issuing toll note, or issuing toll note that is not printed circuit by the finance department and taxation department of the people's government of the province, autonomous region, and municipality directly under the Central Government or issuing invalid overdue toll notes. If there is any of the preceding acts, the vehicle driving through a toll road shall have the right to refuse the payment of vehicle tolls. Article 36. The income from vehicle tolls collected by the managers of any road whose loans are repaid by the government shall be deposited into the special finance account in full, and the bilinear administration on income and expenses shall be implemented strictly. The vehicle tolls of the road whose loans are repaid by the government shall be used in full for repayment of loans and fund raised onerously except that the necessary overhead and maintenance fees shall be outlaid from the budget of vehicle tolls approved by the finance department, and shall not be diverted for other purpose. Article 37. 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 fund raised onerously have been paid off before the expiry of the time limit for toll collection of the road whose loans are repaid by the government, the toll collection shall be terminated. In case toll collection is terminated in any toll road according to the provisions of the preceding two paragraphs, the relevant people's government of the province, autonomous region, and municipality directly under the Central Government shall make a public notice to the society, clarifying the date for termination of toll collection, and accept the supervision of the society. Article 38. The competent communications department of the people's government of any province, autonomous region, or municipality directly under the Central Government shall make appraisal and checking and acceptance on any toll road six months before the termination of toll collection of the toll road. Where after appraisal and checking and acceptance, the road has complied with the technical level and standard verified at the time of obtaining the rights and interests of the road, the business operator of the toll road may go through formalities for transfer of the road to the competent communications department in accordance with the relevant state provisions. If it does not comply with the technical level and standard verified at the time of obtaining the rights and interests of the toll road, the business operator of the toll road shall make maintenance within the time limit determined by the competent communications department, and the formalities for transfer of the road cannot be handled required until the requirements have been met. Article 39. After toll collection is terminated in a toll road, the business operator of the toll road shall dismantle the toll facilities within 15 days from the date of termination of toll collection. Article 40. No entity or individual may force any vehicle to drive through any toll road by means of closing or blocking non-toll roads or setting up blocks on non-toll roads to collect tolls. Article 41. The business operator of a toll road shall provide the statistical materials and the relevant conditions in time in light of the requirements of the competent communications department of the State Council and that of the people's government of the province, autonomous region, and municipality directly under the Central Government. Article 42. The maintenance and virescence of a toll road and the conservation of water and soil and road affairs management within the land use scope of the road shall be implemented in accordance with the relevant provisions of the Highway Law. Article 43. The competent communications department of the State Council and those of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall make supervision over and inspection on toll roads, urge the business operators of toll roads to perform duty of maintenance, virescence of toll roads and conservation of water and soil within the land use scope of the roads. Article 44. The audit organs shall strengthen audit supervision over toll roads according to law, and make investigation into and punishment on illegal acts according to law. Article 45. No administrative law enforcement department may charge any fees from the business operator of any toll road when conducting supervision over and inspection on the toll road according to law. Article 46. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall announce to the public such information as the name of toll roads and toll booths within their administrative districts, toll collection entities, charging standard, and time limit for toll collection, etc. to accept public supervision. CHAPTER V LEGAL LIABILITIES Article 47. In case anyone approves without permission the construction of any toll road, toll booth, time limit for toll collection, standards for charging vehicle tolls, or transfer of rights and interests of any toll road in violation of the provisions of the present Regulation, the people's government of the province, autonomous region, and municipality directly under the Central Government shall order it/him to correct, and impose such administrative punishments as recording a special demerit or even dismissing the responsible person in charge and other personnel directly liable. If a crime is constituted, he shall be subject to the criminal liabilities according to law. Article 48. In case any local people's government or the relevant department and any of their staff members illegally interferes with the business management of any toll road in violation of the present Regulation, or seizes or embezzles vehicle tolls collected by the business operator of the toll road, the upper level people's government or the relevant department shall order it/him to stop the illegal interference, return the vehicle tolls it/he has seized or embezzled, and give the responsible person in charge and other personnel directly liable such administrative punishments as recording a special demerit or even dismissing him according to law. If a crime is constituted, he shall be subject to criminal liabilities according to law. Article 49. In case any one sets up any toll booth or checkpoint to collect vehicle tolls without permission or fails to terminate the toll collection that he/it should terminate in violation of the present Regulation, the competent communications department of the State Council or that of the people's government of the province, autonomous region, and municipality directly under the Central Government shall order him/it to correct according to its power, and force him/it to dismantle the toll facilities. The illegal gains shall be confiscated if any, and a fine of two times up to five times the illegal gains shall be imposed upon him/it. If there are no illegal gains, a fine of RMB 10,000 Yuan up to 50,000 Yuan shall be imposed. And if the responsible person in charge and other personnel directly liable are state functionaries, they shall be subject to such administrative punishments as recording a special demerit or even dismissal. Article 50. In case any one violates the provisions of the present Regulation and has any of the following circumstances, the competent communications department of the State Council or that of the people's government of the province, autonomous region, and municipality directly under the Central Government shall order it/him to correct according to its power, and impose a fine of RMB 50,000 Yuan up to 200, 000 Yuan according to the circumstances: (1) The setup of any toll booth does not comply with the standards or the position of the toll booth is altered without permission; (2) Failing to make routine inspection and maintenance on any toll road and the facilities along it in accordance with the standards and criterions prescribed by the state; (3) Failing to set up traffic signs and markings properly in accordance with the relevant state provisions; (4) The setup of crossings does not comply with the requirements for safe driving of vehicles or the number of crossings does not comply with the requirements for the rapid passing through of vehicles; (5) Failing to set up safeguard and precautious facilities required or failing to give indication or public notice when meeting such circumstances as road damage, construction or occurrence of traffic accidents and other circumstances that may influence the normal and safe driving of vehicles, or failing to direct the flow of traffic in time when meeting a traffic jam; or (6) Failing to announce in time the information on passing through with restricted speed or closing of toll roads that should be announced. Article 51. In case any business operator of any toll road fails to issue notes in violation of the present Regulation when collecting tolls, or issues notes that are not printed circuit by the finance or taxation department of the people's government of the province, autonomous region, and municipality directly under the Central Government, or issues invalid overdue notes, the department of finance or taxation shall order him/it to correct, and impose a fine of RMB 100,000 Yuan up to 500,000 Yuan according to the circumstances. If the responsible person in charge and other personnel directly liable are state functionaries, they shall be subject to the administrative punishment of recording a special demerit or even dismissal. If a crime is constituted, they shall be subject to criminal liabilities. Article 52. In case any manager of the road whose loans are repaid by the government fails to deposit the vehicle tolls in full in the special finance account or fails to turn in the income gained from transfer of rights and interests of roads whose loans are repaid by the government in full to the state treasury in violation of the present Regulation, the department of finance shall order the operator to deposit or turn in and to supplement the amount due. The responsible person in charge and other personnel directly liable shall be subject to the administrative punishment of recording a special demerit or even dismissal according to law. In case the department of finance fails to have the vehicle tolls of the road whose loans are repaid by the government or the income gained from transfer of the rights and interests of the road whose loans are repaid by the government used for repayment of loans or funds raised onerously, or diverts the vehicle tolls or income from the transfer of rights and interests of the road whose loans are repaid by the government for other purpose, the corresponding people's government shall order it/him to repay the loan and the fund raised onerously, or order it/him to return the diverted vehicle tolls and the income gained from transfer of the rights and interests of the road whose loans are repaid by the government. And the responsible person in charge and other personnel directly liable shall be subject to the administrative punishment of recording a special demerit or even dismissal. If a crime is constituted, it/he shall be subject to criminal liabilities according to law. Article 53. Where after the termination of toll collection of any toll road, the business operator of the toll road fails to dismantle toll facilities in time in violation of the present Regulation, the competent communications department of the people's government of the province, autonomous region, and municipality directly under the Central Government shall order it/him to dismantle it within a prescribed time limit. If it/he fails to dismantle it within the time limit, the toll facilities shall be dismantled by force, and the fees for dismantlement shall be borne by the former business operator of the toll road. Article 54. In case any business operator of any toll road fails to maintain the toll road in accordance with the technical specifications and operational rules prescribed by the competent communications department of the State Council in violation of the present Regulation, the competent communications department of the people's government of the province, autonomous region, and municipality directly under the Central Government shall order it/him to correct. If it/he refused to correct, it/he shall be ordered to stop toll collection. If it/he still fails to perform the duty of road maintenance within 30 days after being ordered to stop toll collection, the competent communications department of the people's government of the province, autonomous region, and municipality directly under the Central Government shall designate other entities to make maintenance, and the maintenance fees shall be borne by the former business operator of the toll road. If it/he refuses to bear the fees, the competent communications department of the people's government of the province, autonomous region, and municipality directly under the Central Government may apply to the people's court for mandatory enforcement. Article 55. In case any business operator of any toll road fails to perform duties of road virescence or conservation of water and soil in violation of the present Regulation, the competent communications department of the people's government of the province, autonomous region, and municipality directly under the Central Government shall order it/him to correct, and impose a fine of one time up to two times the fees needed for the former business operator of the toll road to perform such duties. Article 56. The competent price department of the State Council or the competent price department of the local people's government at or above the county level shall impose penalties on the price illegal acts in violation of the present Regulation in accordance with the provisions of laws, regulations and rules on price administration. Article 57. In case anyone refuses to pay or escapes the payment of vehicle tolls or pays the vehicle tolls less than the amount it/he should pay in violation of the present Regulation, but purposely blocks the toll plaza, rushes out of the toll booth by force, assaults and batters road management personnel, destroys toll facilities or undertakes other activities disturbing the order of toll road management, which constitutes acts in violation of the management of public security, the public security organs shall give him punishment according to law. If a crime is constituted, he shall be subject to criminal liabilities. If it results in a loss or personal injury of any business operator of the toll road, he shall undertake civil compensation liabilities according to law. Article 58. In case any one counterfeits vehicles of army troops or armed force troops, uniform police wagons with unified marks of public security organs and vehicles used for emergency rescue and relief to escape the payment of vehicle tolls, the relevant department shall handle it according to law. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 59. The toll roads under construction and having been put into operation before the implementation of the present Regulation shall be regulated by the competent communications department of the State Council together with the development and reform department and finance department of the State Council in light of the principles prescribed by the present Regulation. The specific measures shall be formulated by the competent communications department of the State Council. Article 60. The present Regulation shall come into force as of November 1, 2004. |
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