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Administrative Measures of Shenzhen Municipality on Urban Roads深圳市城市道路管理办法

来源: 日期:2023-01-03 字号:[]

  (Promulgated by the Decree 129 of Shenzhen Municipal People's Government on February 19, 2004 and amended by the Decree 331 of Shenzhen Municipal People's Government on June 15, 2020)

  Chapter One General Provisions

  Article 1 For the purpose of strengthening the administration of urban roads, keep urban roads in good condition and bring the functions of urban roads into full play, these Measures are formulated in accordance with the Regulations of the People's Republic of China on Administration of Urban Roads and in light of actual circumstances.

  Article 2 These Measures shall apply to the construction, maintenance, repair and administration of the urban roads within Shenzhen Municipality.

  Article 3 The administration of urban roads shall conform to the principles of unified planning, construction of supporting facilities and equal emphasis on construction, maintenance and administration.

  Article 4 The competent administrative department for urban roads of the municipal people's government (hereinafter referred to as the "municipal competent road department") shall be in charge of administration of urban roads in Shenzhen Municipality, and shall take responsibility for the maintenance, repair and administration of urban roads within its jurisdiction.

  The competent administrative departments for urban roads of district people's governments (hereinafter referred to as the "district competent road departments") shall take responsibility for the maintenance, repair and administration of urban roads within their respective jurisdiction.

  The municipal special management agencies of urban roads and bridges shall be authorized by the municipal competent road department to be specifically responsible for maintainance, repair and administration of urban roads within the authorized scope.

  Article 5 Any relevant administrative department of the municipal people’s government or district people's government shall cooperate with the competent road department of the the corresponding level of peoples government respectively to implement these Measures in accordance with their respective responsibilities.

  Article 6 Any urban road (including the roads in residential quarters, development zones and industrial districts, the same below), which is financed by non-governmental funding, shall be maintained, repaired and managed by its project owners or management entities.

  District competent road departments shall supervise and guide the maintenance, repair and management of such urban roads.

  Chapter Two Construction Management

  Article 7 The municipal competent planning department shall formulate annual construction plan of urban road according to the special development planning of urban roads. The municipal competent road department shall develop annual reconstruction or overhaul plan for urban road in light of road conditions, and apply to the competent planning department for project establishment and approval pursuant to statutory procedures.

  Article 8 The planning and design of urban road to be constructed with government funding shall be organized by the municipal competent planning department according to the special development planning and annual construction plan for urban roads.

  The design of supporting facilities of roads to be constructed with non-governmental funding shall comply with the sub-district planning and special development planning of urban roads.

  Article 9 When the municipal competent planning department examines the initial design scheme of construction, expansion or reconstruction project of an urban road, the municipal competent planning department shall solicit opinions from the competent road departments, the traffic administrative agency of public security department and the administrative agencies of pipes, lines or poles that are attached to the urban road. The competent road departments, the traffic administrative agency of public security department, and other relevant agencies shall give written opinions within ten working days.

  When formulating design scheme for reconstruction or major maintenance of an urban road, the competent road departments shall comply with the requirements of urban planning, and shall solicit opinions from the traffic administrative agency of public security department and the administrative agencies of pipes, lines or poles that are attached to the urban road. The traffic administrative agency of public security department and other relevant agencies shall give written opinions within ten working days.

  Article 10 The construction of facilities attached to an urban road, including but not limited to pipes, lines or poles for water supply, drainage, gas supply, electric power supply, communication, fire control, cable TV and other facilities, shall follow the principle that underground facilities precede those above the ground, and be in step with the development of the urban road.

  Article 11 The design and construction entities of urban roads shall possess the qualifications corresponding to the project scale. The design and construction shall satisfy the technical standards and operation instructions made by the State and Shenzhen Municipality.

  Article 12 After the construction of an urban road is completed, the project owner shall organize the acceptance inspection pursuant to the stipulated procedures. The urban road shall not be put into use until it passes the acceptance inspection.

  Article 13 The project owner of an urban road financed by government funding shall hand over the urban road to the corresponding municipal or district competent road department for unified maintenance and management, after the construction and final accounts has been completed. However, the project owner may, with the approval of the municipal peoples government, hand over the urban road to the corresponding municipal or district competent road department for unified maintenance and management immediately after the acceptance inspection has been passed, for the purpose of satisfying the traffic needs.

  The project owner shall take charge of the maintenance and management of the urban road before it is handed over to other parties. All the expenses thereof shall be borne by the project owner itself, and shall not be included in the investment cost of the project.

  The project owner of an urban road financed by government funding shall not change the use of the urban road prior to hand-over to the competent road department for unified maintenance and management.

  Article 14 The quality guarantee system shall apply to urban roads. The guarantee period shall be the project's reasonable service life specified in the design document. If an urban road, which has been handed over to the competent road department for unified maintenance and management, has any quality problem during the quality guarantee period, the project owner shall take responsibility for repair of the urban road.

  Chapter Three Maintenance and Repair Supervision

  Article 15 The competent road department shall regularly organize inspection and general examination of urban roads within its jurisdiction according to relevant national technical standards.

  Article 16 The competent road department shall annually ratify maintenance and repair funds for the urban roads under its administration in the urban maintenance budget, on the basis of the level and quantity of the roads and the quota of maintenance and repair funds.

  Article 17 The expansion, reconstruction, renovation and repair of urban roads shall be arranged uniformly and carried out by stages, and opinions on the construction organization plan shall be solicited from the traffic administrative agency of public security department. The traffic administrative agency of public security department shall give written opinions within ten working days.

  Article 18 A construction entity, which undertakes the maintenance and repair of urban roads, shall comply strictly with the technical specifications promulgated by the State with respect to the maintenance and repair of urban roads, to maintain and repair urban roads according to the plan and ensure the quality of maintenance and repair projects.

  The competent road department shall supervise and inspect the quality of maintenance and repair projects of urban roads.

  Article 19 An urban road, which is built and managed with non-governmental funding and used for urban traffic, is encouraged to be handed over to the municipal or district competent road department for administration. Such urban road to be handed over shall satisfy the requirements of the national acceptance inspection standards concerning the construction projects of urban roads and bridges, and the transfer of their ownership shall not be conducted until the municipal or district people's government approves.

  An urban road, which is constructed and managed with non-governmental funding and needs to be used for urban traffic to meet the development requirement of urban traffic, shall be kept unblocked, and no operational parking lots or temporary parking sections of motor vehicles shall be established.

  Article 20 Any manhole cover or trench cover installed on an urban road or any auxiliary facility of urban road shall comply with the technical specifications with respect to urban road maintenance.

  An ownership holder shall regularly check the installed manhole covers or trench covers on urban roads and keep them in complete forms and correct positions. If a manhole cover or trench cover is damaged, moved or lost, the ownership holder shall erect caution signs immediately after the ownership holder is informed of such circumstance, and replace, supplement or put back the damaged, lost or moved cover in time.

  Article 21 A special vehicle for urban road maintenance and repair shall use unified symbols. When a special vehicle is used to perform maintenance and repair, it shall not be confined in a certain driving route or a direction in the operation section of the road on the premise of guaranteeing the safety and smooth flow of traffic.

  Chapter Four Urban Road Administration

  Article 22 Any following activity is prohibited within the scope of urban road:

  (1) Occupying, excavating urban roads or establishing intersections           without authorization;

  (2) Driving a caterpillar or iron-wheel vehicle, or a vehicle exceeding the limits for tonnage, dimensions of height or length on urban roads without authorization;

  (3) Driving or parking a motor vehicle on the pavements or trench covers of underground pipeline;

  (4) Disintegrating and repairing a vehicle on urban roads;

  (5) Building a facility including but not limited to a provisional structure and fixture on urban roads without authorization;

  (6) Erecting pipelines of gas or liquefied petroleum gas with the pressure of 4 kilograms per square centimeter (0.4 MPa) and over, electrical wires with voltage of 10 kilovolt and over, or other flammable, explosive pipelines on bridges;

  (7) Erecting advertisement boards or other hanging objects on roads, bridges or their auxiliary facilities without authorization;

  (8) Destroying auxiliary facilities of urban roads;

  (9) Other activities damaging or encroaching on urban road, or affecting functions of urban road.

  Article 23 If it is necessary to temporarily occupy an urban road for an important celebration or project construction, an application shall be submitted to the municipal or district competent road department in charge of administration of the urban road for approval.

  If the temporary occupation of urban road may affect traffic safety, the competent road department shall solicit opinions from the traffic administrative agency of public security department. The traffic administrative agency of public security department shall give written opinion of consent or dissent within five working days.

  The competent road department shall make a decision on whether to approve the application or not within ten working days upon receipt of the application, and shall make a written explanation if it refuses to grant approval.

  Article 24 For temporary occupation of an urban road with approval, the urban road shall be occupied according to the approved purpose, scope and time limit, and the charge for occupation of the urban road shall be paid to the competent road department as per relevant rules.

  The time limit of temporarily occupying an urban road for an important celebration shall not exceed one month. The time limit of temporarily occupying an urban road for project construction project shall be determined according to the construction period.

  Change of the purpose, scope or time limit of temporary occupation of an urban road shall go through the approval procedures in advance.

  The charge for temporary occupation of an urban road shall be turned over to the municipal or district people's government and shall only be used especially for urban road maintenance, repair and administration.

  Article 25 For temporary occupation of an urban road with approval, the urban road shall not be damaged. When the occupation ends, the site shall be cleared, the former condition of the urban road shall be restored in time, and the restoration shall be made or the compensation shall be paid if the urban road is damaged.

  Article 26 Occupation of an urban road for parking with time-meter shall comply with relevant provisions of the municipal people's h=government.

  Article 27 For occupation of an urban road to establish civil facilities including but not limited to mail boxes, ash bins, telephone boxes, sentry boxes, poles and lines, and pipelines, the approval of the municipal or district competent road department administrating the urban road, as well as the competent planning department, shall be obtained.

  When a responsible entity establishing the mentioned civil facilities moves or dismantles the civil facilities, the entity shall clear away the hangovers, including but not limited to isolated poles, lines or bases, to restore the state of the urban road to its former condition.

  When an urban road is to be expanded or reconstructed, the responsible entity shall dismantle or move the above mentioned civil facilities according to the design requirements.

  Article 28 For establishment or movement of a bus stop or a stop of passenger transportation vehicle operating on a fixed line, the responsible entity shall file with the municipal competent road department for record. The expenses of reinforcing the urban road for the purpose of protecting civil pipelines shall be borne by the responsible entity.

  Article 29 To construct pipelines attached to an urban bridge, the responsible entity shall obtain the approval of the municipal or district competent road department administering the urban bridge first, and shall, after the construction is completed, regularly check them to ensure safety.

  When an urban bridge is to be reconstructed or expanded, the ownership holder of the pipelines shall dismantle or move in time the pipelines without compensation.

  Article 30 Neither entity nor individual may excavate an urban road without authorization (including conducting pushing or digging for underground pipelines under the subgrade of an urban road). If it is necessary to excavate an urban road under special circumstances or for project construction, an application shall be submitted to the municipal or district competent road department administrating the road for approval.

  If the excavation of an urban road may affect traffic safety, the competent road department shall solicit opinions from the traffic administrative agency of public security department. The traffic administrative agency of public security department shall give written opinion of consent or dissent within five working days.

  The competent road department shall make a decision on whether to approve the application or not within 15 working days upon the receipt of the application, and shall make a written explanation if it refuses to grant approval.

  Article 31 If it is necessary to excavate an urban road under any of the following circumstances, an application shall be submitted to the municipal people's government for approval:

  (1) Excavation of an urban road which has been put into use for less than five years after being built, expanded or reconstructed, or less than three years after its heavy maintenance is completed;

  (2) Horizontal excavation of a trunk road with no less than six traffic lanes of two directions.

  Article 32 To apply for approval of excavation of an urban road, the approval document issued by the planning department, relevant design documents and plan of civilized construction on site shall be submitted. The plan of civilized construction on site shall include the following items:

  (1) The layout plan for construction site, including a schematic diagram for actual excavation area, a schematic diagram for enclosure area, a layout plan for construction facilities, machines and tools, and a schematic diagram for stacks of finished products, semi-finished products, raw materials and waste materials, etc.;

  (2) The individual design plan for temporary buildings, structures, land hardening or road;

  (3) The design of on-site wastewater treatment and discharge, and dust and noise control measures;

  (4) Protection measures for current civil pipe network in construction area and surrounding buildings and structures;

  (5) Measures for on-site sanitation and safety protection;

  (6) The organization and person in charge of the civilized construction on the site.

  Article 33 For excavation of an urban road with approval, operations shall be conducted in an enclosed way within the approved area and time limit. If it is necessary to change the area or time limit, the approval procedure shall be completed in advance.

  For excavation of an urban road with approval, restoration fees shall be paid to the competent road department for excavating the urban road, except such excavation project that causes no damage to the road surface in pushing or digging for pipeline under the ground. For excavation of an urban road with approval which has been used for less than five years after being built, expanded or reconstructed, or less than three years after its heavy maintenance is completed, the competent road department shall charge the restoration fees by 1 to 5 times on the basis of the number of years of early excavation.

  The restoration fees for excavation of an urban road shall be turned over to the municipal or district people's government, and shall be specially used for the restoration of urban roads.

  Article 34 If the ownership holder of urban pipelines for facilities including water supply, water drainage, gas supply, electric power supply, communication, fire control, cable television or traffic sign needs to excavate an urban road for construction purpose, it shall submit the construction plan in the first month of each quarter to the municipal or district competent road department administrating the road for unified arrangement. The competent road department shall be responsible for organizing relevant departments to hold a coordination meeting on the excavation plan.

  If an underground pipeline needs to be urgently repaired due to malfunction, the relevant entity may excavate the urban road immediately for immediate repair, and shall inform the competent road department and the traffic administrative agency of public security department in time. The entity shall complete the approval procedure for emergency excavation of the urban road within one working day afterwards.

  Article 35 For excavation of an urban road with approval, it shall be carried out during the time when the traffic is not busy, and construction shall be carried out in an enclosed way without blocking the traffic. The site shall be cleared and the competent road department shall be informed to conduct the acceptance inspection in time after the construction is completed. The competent road department shall organize the restoration work immediately after receiving the notice and restore the state of the urban road to its former condition.

  If the construction period of an urban road is no less than 10 days, the project owner shall make an announcement to the public 2 days in advance, and place a placard at the construction site to publicize the daily construction progress.

  Prior to the construction on the urban road, the project owner or the competent road department shall formulate rules for traffic conversion in collaboration with the traffic administrative agency of public security department.

  If a construction project could damage an urban road, the project owner or construction entity shall reach a protection agreement with the competent road department prior to the construction.

  Article 36 For the occupation or excavation of an urban road, the construction site shall be enclosed and warning boards or signboards shall be set up at the construction site pursuant to the following rules:

  (1) The continual, closed enclosures or simple enclosures shall be established based on the demands, reflective barrels and belts shall be installed, and safety warning signs and lamps shall be placed at the excavation site;

  (2) The height of the installed continual and closed enclosures shall not be less than one meter;

  (3) The project construction signboards shall be placed at conspicuous locations, setting out the project name, excavation area, approved occupation or excavation period (or time for completion), serial number of the occupation or excavation permit, telephone number of the project owner, construction entity and contact person, and the complaint hotline;

  (4) The construction warning board shall be placed at the location which is 100 to 120 meters far from the construction site for the excavation of the carriageways of a main express road, such construction warning board shall be placed at the location which is 50 to 80 meters far from the construction site for the excavation of other sections of a road;

  (5) Safety warning lamps shall be placed if there is any construction duiring the nighttime.

  Article 37 If there is a need to drive a caterpillar vehicle, iron-wheeled vehicle, or vehicle exceeding the limits for tonnage, dimension of height or length, an application shall be made to the municipal or district competent road department administrating the road for approval 5 days in advance. The competent road department shall make a decision on whether to approve it or not within 3 working days, and shall give written explanation if it refuses to grant approval.

  It is available to drive a vehicle on an urban road upon the approval of the competent road department, and the drive shall be in compliance with the time period and the route as specified by the traffic administrative agency of public security department.

  If there is a need to drive through an urban road or bridge under the administration of two or more districts, the municipal competent road department shall be responsible for the examination and approval.

  If a vehicle's load exceeds the designed carrying capacity of a road or bridge, a safety evaluation for the heavy vehicle to pass the bridge shall be conducted in advance. The vehicle shall not pass through until effective and protective measures have been adopted. The expenses of the safety evaluation and strengthening facilities shall be borne by the entity or individual who owns the vehicle.

  Article 38 If a damage to an urban road that affects the safety of the passage, the competent road department shall set up danger warning signs immediately and inform the traffic administrative agency of public security department in time. If the passage safety is seriously affected, the competent road department shall adopt measures to block the urban road with the cooperation of the traffic administrative agency of public security department.

  If it is necessary to block road for the purpose of repairing, the competent road department and traffic administrative agency of public security department shall jointly release a public notice of road blocking.

  Article 39 For an operation,including but not limited to the river dredging, river digging, construction piling, underground pipelines jacking or blasting in a safety protection area of an urban bridge, safety protection measures shall be adopted; the operation shall be commenced only with the approval of the competent road department.

  Chapter Five Legal Liability

  Article 40 Where a design or construction entity or project owner in violation the provisions of Article 11 or 12 hereof, the design or construction entity shall be punished by the competent department of planning or construction according to relevant laws and regulations.

  Article 41 Where a project owner changes the use of an urban road in violation of the provisions of Article 13 hereof, the relevant competent department shall confiscate its illegal gains and turn them over to the municipal or district people's government.

  Article 42 If an entity or individual is in violation of the provisions of paragraph 2 of Article 20 hereof, the entity or individual shall be imposed to a fine of 1,000 yuan per conduct by the competent road department.

  Article 43 If an entity or individual is in violation of relevant provisions of Article 22 hereof, the entity or individual shall be punished by the competent road department pursuant to the following provisions:

  (1) If an entity or individual is in violation of the provisions of subparagraph 2 or 4, the entity or individual shall be ordered to make corrections and may be imposed to a fine of more than 2,000 yuan but less than 5,000 yuan;

  (2) If an entity or individual is in violation of the provisions of subparagraph 3, the entity or individual shall be ordered to make corrections, and may be imposed to a fine of no less than 500 yuan but no more than 1,000 yuan;

  (3) If an entity or individual is in violation of violates the provisions of subparagraph 5, the illegal structures shall be removed, and the entity or individual may be imposed to a fine of no less than 5,000 yuan but no more than 10,000 yuan;

  (4) If an entity or individual is in violation of the provisions of subparagraph 6,  illegal structures shall be removed, and the entity or individual may be imposed to a fine of no less than 10,000 but no more than 20,000 yuan;

  (5) If an entity or individual, is n violation of the provisions of subparagraph 7, the entity or individual shall be ordered to demolish its illegal structures within a specified time limit, and be punished according to relevant administrative regulations on outdoor advertising;

  (6) If an entity or individual is in violation of the provisions of subparagraph 8, the entity or individual shall be imposed to a fine of no less than 2,000 yuan but no more than 5,000 yuan;

  (7) If an entity or individual is in violation of the provisions of subparagraph the entity or individual shall be imposed to a fine of no less than 1,000 yuan but more than 3,000 yuan according to the severity of the violation.

  Article 44 If an entity or individual fails to apply for approval, in violation of the provisions of Article 24 or 33 hereof, the entity or individual shall be ordered by the competent road department to complete the approval procedure within a specified time limit; if the entity or individual fails to do so within the specified time or limit, the entity or individual be punished according to the provisions on punishment for occupation of urban road or digging of urban road without approval.

  Article 45 If an entity or individual, in violation of Article 25 or 35 hereof, occupies an urban road beyond time limit or fails to clear the site after excavating a road, the entity or individual shall be imposed to a fine of no less than 500 yuan but no more than 3,000 yuan by the competent road department.

  Article 46 If an entity or individual is in violation of the provisions of paragraph 1 of Article 27 hereof, the illegal structures shall be removed, and the entity or individual may be imposed to a fine of no less than 5,000 yuan but no more than 10,000 yuan for every illegal structure by the competent road department.

  If it is a violation of the provisions of Paragraph 2 of Article 27 hereof, the entity or individual shall be ordered by the competent road department to clear the site within a specified time limit, and imposed to a fine of no less than 1,000 yuan but no more than 3,000 yuan if the entity or individual fails to do so within the specified time limit.

  Article 47 If an entity or individual excavates a horizontal trunk,or road intersection without approval in violation of Article 30 hereof, the entity or individual shall be imposed to a fine of 20,000 yuan by the competent road department; if an entity or individual excavates any other urban road without approval, the entity or individual shall be imposed to a fine of no less than 5,000 yuan but no more than 20,000 yuan; if an entity or individual constructs pipeline project by pulling through or digging underground without approval, the entity or individual shall be imposed to a fine of 5,000 yuan.

  Article 48 If an entity or individual is in violation of the provisions of Article 31 hereof, the entity or individual shall be imposed to a fine of 20,000 yuan by the competent road department.

  Article 49 If an entity or individual is in violation of the provisions of paragraph 2 of Article 34 hereof, the entity or individual shall be imposed to a fine of no less than 1,000 yuan but no more than 20,000 yuan by the competent road department.

  Article 50 If an entity or individual fails to establish enclosures, warning boards or signboards, in violation of the provisions of Article 36 hereof, the entity or individual shall be ordered to make corrections by the competent road department, and imposed to a fine of 5,000 yuan if the entity or individual fails to make corrections within the time limit.

  Article 51 If an entity or individual causes damage to an urban road in violation of relevant provisions hereof, the entity or individual shall be liable for compensation.

  If a pipeline laid under the ground of an urban road causes damage to the road because of leak or explosion, the ownership holder of the underground pipeline shall undertake the restoration at first.

  Article 52 If any entity or individual is in violation of relevant provisions hereof and act of the entity or individual constitutes a crime, the entity or individual shall be investigated for criminal responsibility by the judicial organ according to law; if a crime is not constituted, the entity or individual shall be given punishment of security administration pursuant to the provisions of the Administrative Penalties of the People's Republic of China for Public Security

  Article 53 If the party concerned is aggravated by an administrative penalty, the party may apply for administrative review according to law or file a lawsuit with people's court. If the party concerned fails to apply for review or file a lawsuit within the specified time limit and refuses to implement the penalty decision, the organ rendering the penalty decision shall apply to the people's court for enforcement.

  Article 54 If a staff member of the competent road department neglects its duty, abuses its power or engages in malpractice for personal gains, and act of the staff member constitutes a crime, the staff member shall be investigated for criminal responsibility according to law; if a crime is not constituted, the staff member shall be imposed to administrative penalty according to law.

  Chapter Six Supplementary Provisions

  Article 55 An urban road mentioned in these Measures refers to a road in the municipality or any of the districts (except the highways) with auxiliary facilities primarily for passage of vehicles and passengers, including:

  (1) A carriageway, a pavement, a road shoulder, a side slope, a side channel, a square, a separation belt and a piece of land for use lined according to the boundary lines of urban road planning, etc., an auxiliary facility of a urban road include a road sign, a guardrail for pedestrian, a median strip (or pier) of carriageway, direction island, safety island and so forth;

  (2) An urban bridge refers to a structure built over water or the land connecting urban roads for passage of vehicles and persons, including an interchange, an elevated highway, a tunnel, a culvert, a pedestrian bridge, a pedestrian underpass, etc.; its auxiliary facilities include a bridge hole, a retaining wall, a bridge banister, an anti-crash banister, a pedestrian staircase, a bridge sign, a tonnage limit sign and a safety protection district of an urban bridge (water area or land within 10 to 60 meters far from the two sides of the vertical projection of the bridge).

  Article 56 The municipal competent road department shall regularly publicize the scope of urban roads under the administration of municipal and district competent road departments.

  Article 57 These Measures shall come into force on April 1, 2004.


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