Chapter General Provisions
In order to strengthen the management of toll roads, regulate road toll behavior, safeguard the legitimate rights and interests of toll road operators and users, and promote the development of road undertakings, it is formulated in accordance with the "Highway Law of the People's Republic of China" (hereinafter referred to as the Highway Law) This regulation.
Article 2 The toll road mentioned in these regulations refers to the roads (including bridges and tunnels) that comply with the provisions of the Highway Law and these regulations and are approved to collect vehicle tolls in accordance with the law.
Article 3 People's governments at all levels shall take active measures to support and promote the development of the highway industry. Highway development should adhere to non-toll roads and develop toll roads appropriately.
Article 4 For highways constructed entirely with government investment or donations from social organizations or individuals, vehicle tolls shall not be charged.
Article 5 No unit or individual may violate the provisions of the Highway Law and these Regulations by setting up stations (cards) on highways to collect vehicle tolls.
Article 6 Any unit or individual has the right to refuse to pay vehicle tolls for illegally setting up toll stations (cards) on highways.
Any unit or individual has the right to report illegally setting up toll stations (cards) on highways, illegally collecting or using vehicle tolls, illegally transferring rights and interests of toll roads, or illegally extending toll collection periods, etc., to report to transportation, pricing, and finance departments. The department receiving the report shall promptly investigate and deal with it in accordance with the division of responsibilities and law; if it has no right to investigate and deal with it, it shall promptly transfer it to the department with the right to investigate and deal with it. The accepting department must investigate and deal with it within 10 days from the date of receipt of the report or transfer of materials.
Article 7 Operators and managers of toll roads shall have the right to collect vehicle tolls from vehicles passing on toll roads upon approval in accordance with the law.
Military vehicles, armed police vehicles, police vehicles with uniform signs for handling traffic accidents, performing normal patrol tasks, and handling emergencies on toll roads within their jurisdictions, and approved by the transportation department of the State Council or the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government Vehicles carrying out rescue and disaster relief missions are exempted from paying vehicle tolls.
For cross-regional combine harvesters and vehicles for transporting combine harvesters (including rice transplanters), vehicle tolls are exempt. Combine harvesters must not pass on highways.
Article 8 No unit or individual may illegally interfere in the operation and management of toll roads in any form, occupy or misappropriate the tolls for vehicles collected by toll road operators and managers in accordance with the law.
Chapter 2 Toll Road Construction and Toll Station Setup
Article 9 The construction of toll roads shall conform to the road development plans of the state, provinces, autonomous regions, and municipalities directly under the Central Government, and comply with the technical level and scale of the toll roads stipulated in these regulations.
Article 10: Roads constructed by the transportation authorities of the local people’s governments at or above the county level using loans or fund-raising from enterprises and individuals (hereinafter referred to as “government loan-repaying roads”), domestic and foreign economic organizations invest in construction, or be transferred to the government to repay loans in accordance with the provisions of the Highway Law The roads with the right to toll roads (hereinafter referred to as operating roads) shall not be charged for vehicle tolls until approved in accordance with the law.
Article 11 In the construction and management of government loan repayment highways, a special non-profit legal person organization shall be established in accordance with the law in accordance with the principle of separation of government and affairs.
The transportation departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government can implement unified management, unified loan, and unified repayment of government loan-repaying highways within their administrative area.
Business highway construction projects should be announced to the public, and investors should be selected by means of bidding and bidding.
Operating highways are constructed, operated and managed by legally established highway enterprise legal persons.
Article 12 The establishment of toll roads toll stations shall be reviewed and approved by the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the following provisions:
(1) For expressways and other closed toll roads, except for the entrances and exits at both ends, toll stations are not allowed on the main line. However, the exception is where toll stations really need to be set up between provinces, autonomous regions, and municipalities directly under the Central Government.
(2) On the same main line of a non-closed toll road, the distance between adjacent toll stations shall not be less than 50 kilometers.
Article 13 Expressways and other closed toll roads shall implement computer network toll collection, reduce toll stations, and improve traffic efficiency. The specific measures for network charging shall be formulated by the transportation department of the State Council in conjunction with relevant departments of the State Council.
Article 14 The charging period of toll roads shall be examined and approved by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the following standards:
(1) The toll period for the government to repay the highway loan is determined in accordance with the principle of repaying the loan with tolls and repaying the paid fund-raising funds, and the maximum shall not exceed 15 years. The government-determined central and western provinces, autonomous regions, and municipalities directly under the central government have a loan repayment period for highway toll collection, and the longest period shall not exceed 20 years.
(2) The toll period for operating roads shall be determined in accordance with the principle of recovering the investment and having a reasonable return, and the longest shall not exceed 25 years. The period of toll collection for operating highways in central and western provinces, autonomous regions, and municipalities determined by the state shall not exceed 30 years at the longest.
Article 15 The charging standards of vehicle tolls shall be subject to hearings in accordance with price laws and administrative regulations, and review and approval shall be conducted in accordance with the following procedures:
(1) The toll rates for government loan repayment highways shall be reviewed and approved by the transportation authorities of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in conjunction with the price authorities and finance departments at the same level and then reported to the people's government at the same level for review and approval.
(2) Toll rates for commercial highways shall be reviewed and approved by the transportation authorities of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government in conjunction with the price authorities at the same level, and then reported to the people’s government at the same level for review and approval.
Article 16 The charging standard for vehicle tolls shall be calculated and determined based on factors such as the technical grade of the highway, the total investment, the local price index, the period of loan repayment or paid fund-raising, the period of recovery of investment, and traffic volume. For vehicles that transport fresh and live agricultural products on the green channels prescribed by the state, the tolls for vehicles may be appropriately reduced or the tolls for vehicles may be exempted.
The cost of construction of facilities that are not related to the management of toll roads, and the management and service facilities of toll roads built beyond the standard shall not be used as a factor in determining the toll standard.
If the charging standard of vehicle tolls needs to be adjusted, it shall be handled in accordance with the procedures stipulated in Article 15 of these Regulations.
Article 17 For toll road toll stations, toll periods, vehicle toll rates or adjustment plans for toll rates that are reviewed and approved in accordance with the procedures prescribed in these Regulations, the examination and approval authority shall submit the relevant documents to the State Council within 10 days from the date of review and approval. The competent department and the price department of the State Council shall file for the record; if the highway is a government loan repayment highway, it shall also be filed with the financial department of the State Council within 10 days from the date of review and approval.
Article 18 The construction of toll roads shall meet the following technical levels and scales:
(1) The expressway has a continuous mileage of more than 30 kilometers. However, the expressway from urban area to local airport is excluded.
(2) The continuous mileage of the first-class highway is more than 50 kilometers.
(3) Two-lane independent bridges and tunnels with a length of more than 800 meters; four-lane independent bridges and tunnels with a length of more than 500 meters.
No tolls are allowed on highways with a technical level of two or lower (including the second class). However, for secondary roads constructed in central and western provinces, autonomous regions, and municipalities designated by the state with a continuous mileage of more than 60 kilometers, vehicle tolls may be charged upon approval according to law.
Chapter III Transfer of toll road rights
Article 19 If the rights and interests of toll roads are transferred in accordance with the provisions of these Regulations, they shall be announced to the public, and the method of bidding shall be adopted to select operators and managers in a fair, just and open manner, and conclude the transfer agreement in accordance with the law.
Article 20 The rights and interests of toll roads include the right to toll, the right to operate advertising, and the right to operate service facilities.
If the rights and interests of toll roads are transferred, the legitimate interests of investors shall be protected in accordance with the law.
Article 21 The transfer of the right to toll in the government's loan repayment road rights can apply for an extension of the charging period, but the extension shall not exceed 5 years.
Transfer of toll collection rights in the rights and interests of operating highways shall not extend the toll collection period.
Article 22 In any of the following circumstances, the right to toll in the toll road rights and interests shall not be transferred:
(1) Two-lane independent bridges and tunnels less than 1,000 meters in length;
(Two) secondary road;
(3) The charging time has exceeded 2/3 of the approved charging period.
Article 23 The income from the transfer of the government’s repayment of road rights and interests must be paid into the state treasury. In addition to the loan repayment and paid fund-raising funds, it must be used for road construction.
Article 24 The specific measures for the transfer of rights and interests of toll roads shall be formulated by the transportation department of the State Council in conjunction with the development and reform department and the financial department of the State Council.
Chapter 4 Operation and Management of Toll Roads
Article 25 After the toll road is completed, it shall be inspected and accepted in accordance with the relevant regulations of the state; only those passing the inspection and acceptance can collect the vehicle toll.
Toll roads shall not be constructed and toll at the same time.
Article 26 Operators of toll roads shall, in accordance with national standards and regulations, conduct daily inspections and maintenance of toll roads and facilities along the route, to ensure that the toll roads are in good technical condition, and to provide high-quality services for passing vehicles and personnel.
The maintenance of toll roads shall be constructed and completed in strict accordance with the construction period. The construction period shall not be delayed, and the safe passage of vehicles shall not be affected.
Article 27 Toll road operators and managers shall set up a bulletin board containing the name of the toll station, the examination and approval authority, the toll unit, the toll standard, the start and end years of the toll collection, and the supervision telephone number in a conspicuous position of the toll station, and accept social supervision.
Article 28 Toll road operators and managers shall set up traffic signs and markings in accordance with the standards prescribed by the state and in consideration of road traffic conditions and facilities along the route.
Traffic signs and markings must be clear, accurate and easy to identify. Important passage information should be reminded repeatedly.
Article 29 The arrangement of toll crossings should meet the requirements of vehicle driving safety; the number of toll crossings should meet the needs of vehicles passing quickly, and they should not cause vehicle jams.
Article 30 The staffing of the toll station shall be commensurate with the number of toll crossings and the traffic volume, and the staff shall not be added at will.
Toll road operators and managers should strengthen business training and professional ethics education for toll station staff, and toll collectors should be civil and polite, and standardize services.
Article 31 In the event of road damage, construction or traffic accidents that affect the normal and safe driving of vehicles, the toll road operator shall install safety protection facilities on site, and provide speed limits and warnings at the entrance and exit of the toll road. Or use variable information boards along the toll road to make announcements; when traffic jams are caused, they should promptly report to relevant departments and assist in traffic flow.
In the event of severe road damage, severe weather conditions, or major traffic accidents that seriously affect the safe passage of vehicles, the public security organs shall, in accordance with the circumstances, adopt traffic control measures such as speed restriction and road closure in accordance with the law. Operators and managers of toll roads shall actively cooperate with public security organs to promptly prompt traffic control information to passing vehicles.
Article 32 Toll road operators and managers who collect vehicle tolls must issue toll road users to toll road users. Toll bills for government repayment of highways shall be uniformly printed (supervised) by the financial departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. Toll receipts for operating highways shall be uniformly printed (supervised) by the taxation departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 33 Toll road operators and managers have the right to refuse to pass vehicles that should be paid according to law but refuse to pay, evade, or under-pay vehicle tolls, and require them to pay the vehicle tolls that should be paid.
No one may deliberately block toll crossings, forcibly punch cards, beat toll road management personnel, destroy toll facilities, or engage in other activities that disrupt the order of toll road management in order to refuse, evade, or underpay vehicle tolls.
In the event of disrupting the order of toll road operation and management as specified in the preceding paragraph, the toll road operator shall promptly report to the public security organ, and the public security organ shall deal with it in accordance with the law.
Article 34 Vehicles driving on toll roads shall not be overloaded.
When it is found that the vehicle is overloaded, the toll road operator shall promptly report to the public security organ, and the public security organ shall deal with it in accordance with the law.
Article 35 Toll road operators and managers shall not have the following behaviors:
(1) Unauthorized increase of vehicle toll charges;
(2) Collect or collect any other fees in addition to the vehicle toll fee;
(3) Forcibly collecting or using other improper means to collect vehicle tolls per vehicle for a certain period;
(4) Do not issue fee receipts, issue fee receipts that have not been uniformly printed (supervised) by the finance and taxation departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, or issue fee receipts that have expired.
If there is one of the acts listed in the preceding paragraph, the passing vehicle has the right to refuse to pay the vehicle toll.
Article 36 The revenue from vehicle tolls collected by the administrator of the government's loan repayment highway shall be deposited in a special financial account, and the two-line management of revenue and expenditure shall be strictly implemented.
In addition to the necessary management and maintenance expenses of the vehicle tolls approved by the financial department, all the tolls for the government to repay the highway must be used for loan repayment and paid fund-raising, and must not be embezzled for other purposes.
Article 37 The toll collection period of a toll road expires and the toll collection must be terminated.
The government must terminate the toll collection if the government has paid off the loan and paid off the fund-raising funds before the approved toll collection period expires.
In accordance with the provisions of the first two paragraphs of this article, if toll roads terminate tolls, the people's governments of relevant provinces, autonomous regions, and municipalities shall make an announcement to the public, clearly stipulate the date of termination of tolls, and accept social supervision.
Article 38 Six months before the termination of toll collection on toll roads, the transportation departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall conduct appraisal and acceptance of toll roads. After appraisal and acceptance, if the road meets the technical level and standards approved when the toll road rights and interests are obtained, the toll road operators and managers can go through the road handover procedures to the transportation authority in accordance with relevant national regulations; they do not conform to the technologies approved when the toll road rights and interests are obtained. For grades and standards, toll road operators and managers shall perform maintenance within the time limit determined by the competent department of transportation, and only after the requirements are met, can the road handover procedures be handled in accordance with the regulations.
Article 39 After the toll road is terminated, the toll road operator shall dismantle the toll facility within 15 days from the date of termination of the toll collection.
Article 40 No unit or individual may force vehicles to pass through toll roads by blocking non-toll roads or setting up cards on non-toll roads to collect fees.
Article 41 Toll road operators and managers shall, in accordance with the requirements of the transportation department of the State Council and the transportation department of the people's government of the province, autonomous region, and municipality directly under the Central Government, provide statistical data and relevant information in a timely manner.
Article 42 The maintenance and greening of toll roads and the water and soil conservation and road administration within the scope of road land shall be implemented in accordance with the relevant provisions of the Highway Law.
Article 43 The transportation department of the State Council and the transportation department of the people's government of provinces, autonomous regions, and municipalities directly under the Central Government shall supervise and inspect toll roads, and urge toll road operators and managers to perform road maintenance, greening, and soil and water conservation obligations within the scope of road land use in accordance with the law.
Article 44 The audit agency shall strengthen the audit and supervision of toll roads in accordance with the law, and investigate and deal with illegal acts in accordance with the law.
Article 45 When the administrative law enforcement agency conducts supervision and inspection of toll roads in accordance with the law, it shall not charge any fees to the operators and managers of toll roads.
Article 46 Province
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