公路法2017版(上部分中英文对照)

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中华人民共和国公路法(2017)
HIGHWAY LAW OF THE PEOPLE’S REPUBLIC OF CHINA (REVISION 2017)
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第一章 总 则Chapter 1 General Provisions
第一条
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.
第二条
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.
本法所称公路,包括公路桥梁、公路隧道和公路渡口。
The word "highways" in this Law includes highway bridges, tunnels and ferries.
第三条
Article 3 The development of highways in the country shall follow the principles of overall planning, rational layout, assured quality and smooth passage, environmental protection, and equal emphasis on construction and renovation and maintenance.
第四条
The people's governments at all levels must adopt effective measures to support and promote road construction. Highway construction shall be incorporated into the national economic and social development plans.
国家鼓励、引导国内外经济组织依法投资建设、经营公路。
The State encourages and guides domestic and foreign economic organizations to invest in the construction and operation of highways in accordance with law.
第五条
Article 5 The State shall help and support areas of minority nationalities, remote and border areas and impoverished areas to develop highways.
第六条
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 transportation department under the State Council.
新建公路应当符合技术等级的要求。原有不符合最低技术等级要求的等外公路,应当采取措施,逐步改造为符合技术等级要求的公路。
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.
第七条
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.
任何单位和个人都有爱护公路、公路用地及公路附属设施的义务,有权检举和控告破坏、损坏公路、公路用地、公路附属设施和影响公路安全的行为。
All units and individuals shall have the duty to protect highways, highway land and auxiliary highway facilities and have the right to expose and accuse any act that undermines or damages highways, highway land, or auxiliary highway facilities or adversely affects highway safety.
第八条
Article 8 The competent department for communications under the State Council shall administer the highways throughout the country.
县级以上地方人民政府交通主管部门主管本行政区域内的公路工作;但是,县级以上地方人民政府交通主管部门对国道、省道的管理、监督职责,由省、自治区、直辖市人民政府确定。
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.
乡、民族乡、镇人民政府负责本行政区域内的乡道的建设和养护工作。
People's governments of townships, townships of minority nationalities areas and towns shall be responsible for construction and maintenance of township roads within their respective administrative areas.
县级以上地方人民政府交通主管部门可以决定由公路管理机构依照本法规定行使公路行政管理职责。
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.
第九条
Article 9 It is forbidden for any unit or individual to set up check posts, collect fees, impose fines or intercept vehicles on highways.
第十条
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.
第十一条
Article 11 Provisions concerning special roads in this law apply to special roads.
专用公路是指由企业或者其他单位建设、养护、管理,专为或者主要为本企业或者本单位提供运输服务的道路。
Special highway roads refer to those built, maintained, managed by enterprises or other units for their respective exclusive or main uses.
第二章 公路规划Chapter II Planning of Highways
第十二条
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.
第十三条
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.
第十四条
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.
省道规划由省、自治区、直辖市人民政府交通主管部门会同同级有关部门并商省道沿线下一级人民政府编制,报省、自治区、直辖市人民政府批准,并报国务院交通主管部门备案。
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.
县道规划由县级人民政府交通主管部门会同同级有关部门编制,经本级人民政府审定后,报上一级人民政府批准。
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 of the next higher level for approval.
乡道规划由县级人民政府交通主管部门协助乡、民族乡、镇人民政府编制,报县级人民政府批准。
Plans with 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.
依照第三款、第四款规定批准的县道、乡道规划,应当报批准机关的上一级人民政府交通主管部门备案。
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.
省道规划应当与国道规划相协调。县道规划应当与省道规划相协调。乡道规划应当与县道规划相协调。
Provincial highway plans must be coordinated with national highway plans. County road plans must be coordinated with provincial road plans. Township road plans must be coordinated with county road plans.
第十五条
Article 15 Plans of special roads shall be formulated 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.
专用公路规划应当与公路规划相协调。县级以上人民政府交通主管部门发现专用公路规划与国道、省道、县道、乡道规划有不协调的地方,应当提出修改意见,专用公路主管部门和单位应当作出相应的修改。
Plans for accommodation roads shall be consistent with those for highways. 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.
第十六条
Article 16 Partial 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 approval.
经批准的省道、县道、乡道公路规划需要修改的,由原编制机关提出修改方案,报原批准机关批准。
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.
第十七条
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.
第十八条
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.
第十九条
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.
第三章 公路建设Chapter III Construction of Highways
第二十条
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.
第二十一条
Article 21 In raising funds for highway construction, people's government at all levels may, in addition to put in appropriations which derives from special funds for road construction by tax collection according to law, 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.
国家鼓励国内外经济组织对公路建设进行投资。开发、经营公路的公司可以依照法律、行政法规的规定发行股票、公司债券筹集资金。
The State will encourage domestic and foreign economic organisations to invest in road construction. Companies which engage in development and/or management of highways may, according to law and administrative regulations, raise funds by means of issuance of stocks or debentures.
依照本法规定出让公路收费权的收入必须用于公路建设。
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.
向企业和个人集资建设公路,必须根据需要与可能,坚持自愿原则,不得强行摊派,并符合国务院的有关规定。
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 apportionment is permitted.
公路建设资金还可以采取符合法律或者国务院规定的其他方式筹集。
Other means of fund raising which comply with the law and relevant State Council regulations may also be used to raise funds for road construction.
第二十二条
Article 22 Highway construction should be undertaken in accordance with procedures for infrastructural construction as provided for by the State and related regulations.
第二十三条
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.
第二十四条
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.
承担公路建设项目的可行性研究单位、勘查设计单位、施工单位和工程监理单位,必须持有国家规定的资质证书。
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.
第二十五条
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.
第二十六条
Article 26 Highway construction should be undertaken strictly in conformance with prescribed technical standards of highway construction.
承担公路建设项目的设计单位、施工单位和工程监理单位,应当按照国家有关规定建立健全质量保证体系,落实岗位责任制,并依照有关法律、法规、规章以及公路工程技术标准的要求和合同约定进行设计、施工和监理,保证公路工程质量。
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.
第二十七条
Article 27 The use of land for constructing highway roads shall be handled according to relevant laws and administrative decrees.
公路建设应当贯彻切实保护耕地、节约用地的原则。
Highways shall be constructed in adherence to the principles of effective protection of cultivated land and conservation of land.
第二十八条
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 boulders for highway construction only if necessary procedures as provided for by related laws and administrative decrees have been undertaken for the respective actions.
第二十九条
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.
第三十条
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.
公路规划中贯彻国防要求的公路建设项目,应当严格按照规划进行建设,以保证国防交通的需要。
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.
第三十一条
Article 31 Should road construction project affect the normal operation of railways, water conservancy, power, postal and telecommunications 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 economic compensations.
第三十二条
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.
第三十三条
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 unqualified for acceptance shall not be put to use.
建成的公路,应当按照国务院交通主管部门的规定设置明显的标志、标线。
Clear signs and lines should be created for completed highway roads according to the regulations of the transportation under the State Council.
第三十四条
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.
第四章 公路养护Chapter 4 Maintenance of Highway Roads
第三十五条
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.
第三十六条
Article 36 For the expenses for highway maintenance by tax collection by the State according to law, specific procedures and steps shall be set by the State Council for the purpose.
依法征税筹集的公路养护资金,必须专项用于公路的养护和改建。
Expenses for highway maintenance by tax collection by the State according to law shall be used in highway maintenance and reconstruction.
第三十七条
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 maintenance.
第三十八条
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.
第三十九条
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.
公路养护车辆进行作业时,在不影响过往车辆通行的前提下,其行驶路线和方向不受公路标志、标线限制;过往车辆对公路养护车辆和人员应当注意避让。
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 personnel.
公路养护工程施工影响车辆、行人通行时,施工单位应当依照本法第三十二条的规定办理。
If road maintenance operation affects the passage of vehicles and pedestrians, the provisions of Article 32 of this Law shall apply.
第四十条
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.
第四十一条
Article 41 Highway administrative departments are responsible for soil and water preservation on hillslopes and wasteland at two sides of highways.
第四十二条
Article 42 Highway administration departments shall organize greening of highway roads according to the road engineering technical standards.
公路用地上的树木,不得任意砍伐;需要更新砍伐的,应当经县级以上地方人民政府交通主管部门同意后,依照《中华人民共和国森林法》的规定办理审批手续,并完成更新补种任务。
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 county level and re-planting should be undertaken.
第五章 路政管理Chapter 5 Road Administration
第四十三条
Article 43 Appropriate measures should be undertaken by local people's governments at all levels to strengthen protection to the roads.
县级以上地方人民政府交通主管部门应当认真履行职责,依法做好公路保护工作,并努力采用科学的管理方法和先进的技术手段,提高公路管理水平,逐步完善公路服务设施,保障公路的完好、安全和畅通。
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.
第四十四条
Article 44 Without authorization, no unit or individual is allowed to occupy or dig the roads for their own uses.
因修建铁路、机场、电站、通信设施、水利工程和进行其他建设工程需要占用、挖掘公路或者使公路改线的,建设单位应当事先征得有关交通主管部门的同意;影响交通安全的,还须征得有关公安机关的同意。占用、挖掘公路或者使公路改线的,建设单位应当按照不低于该段公路原有的技术标准予以修复、改建或者给予相应的经济补偿。
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 up 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.
第四十五条
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 to the roads should be compensated for according to the seriousness of cases.
第四十六条
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 smooth passage of the
roads.