Traffic News of Jiangsu Provincial Department of Transportation Portal Website The measures for the administration of ordinary national and provincial highways in Jiangsu Province were officially prom
Recently, the Measures for the Administration of General National Provincial Roads in Jiangsu Province (hereinafter referred to as the Measures) was deliberated and adopted by the 73rd executive meeting of the provincial government, issued on December 30, 2020, promulgated by Decree No.144 of the provincial government, and came into force on March 1, 2021 (the interpretation of the Measures is attached).
There are 22 Measures, mainly including the scope of application, the division of provincial and municipal management responsibilities, construction management, maintenance management, road management and new development requirements. The "Measures" have implemented the national and provincial requirements on the management of ordinary national highways, followed the provisions of laws and regulations such as the People’s Republic of China (PRC) Highway Law, the Regulations on Highway Safety Protection and the Regulations on Jiangsu Highway, summed up the development experience of ordinary national highways in our province, and combined with the new situation of economic and social development in our province and the new requirements and problems faced in the development of ordinary national highways, which embodies the advanced nature, pragmatism and guidance.
The promulgation of the "Measures" has further improved the comprehensive traffic laws and regulations system in our province, and clearly defined the responsibilities of construction, maintenance and management of provincial and municipal ordinary national highways, which is of great significance for planning the long-term development of ordinary national highways and promoting the high-quality development of ordinary national highways according to law. (Office of Law and Regulation, Office of Highway Center)
Extended reading:
Interpretation of "Measures for the Administration of General National and Provincial Roads in Jiangsu Province"
I. Setting background
By the end of 2019, the total mileage of ordinary national and provincial highways in our province was 12,254 kilometers, of which 78% were first-class highways and 99% were second-class and above. With the continuous growth of highway traffic, the general national and provincial highways in the province have maintained a good technical condition. By the end of 2019, the MQI of ordinary national highways reached 94, and the rate of excellent roads reached 91%.
As a transportation infrastructure with wide coverage, universal service and strong public welfare, ordinary national highways are an important supporting skeleton in the highway network of our province and an important foundation for ensuring economic and social development and people’s production and life. With the healthy and rapid development of provincial highways in our province, we are also facing some new challenges and problems, such as the unclear subject of construction and maintenance, the unclear management responsibilities of provincial and municipal transportation authorities, and the need to further strengthen the popularization and application of new technologies and materials for highway construction and maintenance, especially the requirements of the superior law on determining the management subject of provincial highways, which need to be solved and implemented urgently.
(1) It is an urgent need to give full play to the supporting role of provincial highways in ordinary countries and implement the strategy of strengthening the country by transportation.
The construction of ordinary national and provincial highways is an important window to show the achievements of Jiangsu’s transportation development. In the coming period, the construction task of ordinary national and provincial roads in our province is still very heavy. Standardizing and strengthening the construction, maintenance and management of ordinary national highways is not only an important starting point for ensuring the construction quality of ordinary national highways, protecting the right of road property from infringement, ensuring the integrity, safety and smoothness of highways, and improving the efficiency of highway use, but also an important way to further play the backbone supporting role of ordinary national highways, promote the construction of a modern comprehensive transportation system, promote "stepping to a new level and building a new Jiangsu" and implement the strategy of strengthening the country by transportation.
(B) is a reasonable definition of the management responsibilities of local people’s governments at all levels and their relevant departments.
The management of provincial highways in ordinary countries involves local people’s governments at all levels and their relevant departments. According to the provisions of People’s Republic of China (PRC) Highway Law, Jiangsu Provincial Highway Regulations and other laws and regulations, the transportation departments of the provincial and municipal people’s governments with districts shall perform their management and supervision duties, and the specific division shall be determined by the provincial people’s government. In 2019, the General Office of the State Council issued the Reform Plan for the Division of Fiscal Affairs and Expenditure Responsibilities between the Central and Local Governments in the Field of Transportation. In 2020, the "Reform Plan for the Division of Financial Affairs and Expenditure Responsibilities between Provinces, Cities and Counties in Jiangsu Province" was issued, which clarified the division of financial affairs and expenditure responsibilities between provinces, cities and counties in Jiangsu Province. However, at present, our province has not yet issued regulations to define the responsibilities of ordinary national and provincial roads between provinces and cities. The formulation of the "Measures" not only implements the relevant provisions of the superior law and the relevant reform requirements, but also clearly divides the responsibilities of local people’s governments at all levels and their relevant departments for the construction, maintenance and management of ordinary national highways.
(C) It is an objective need to clarify the new orientation of the development of ordinary national and provincial roads.
The new macro-environment puts forward new requirements for the local people’s governments at all levels and their relevant departments in our province to perform their duties of provincial highway management. For example, to strengthen highway construction, popularize the application of new technologies for highway maintenance, promote the construction of highway service facilities, and improve the quality, informationization and green development level of ordinary national and provincial highways, it is necessary to formulate the Measures to clarify the development direction and implement the work requirements in light of the new situation and new requirements.
Second, the drafting process
In February 2018, the Provincial Department of Transportation organized a legislative demonstration meeting attended by experts from relevant provincial departments, universities and relevant units of the transportation system to clarify the ideas, principles, framework and key contents of the drafting of the Measures. From March to October, 2018, the Provincial Department of Transportation organized the investigation, soliciting opinions, revision and improvement of the Measures, which were reviewed and approved by the 12th Provincial Department of Transportation, forming the Measures (draft for review) and submitted to the provincial government. From November, 2018 to August, 2019, the Provincial Department of Justice organized two consultations throughout the province, and went to Yangzhou for investigation and discussion. According to the suggestions of relevant departments and localities in the province, the Measures (draft for review) were revised and improved.
From September, 2019 to December, 2020, according to the latest "Reform Plan on Division of Financial Affairs and Expenditure Responsibilities between Provinces, Cities and Counties in Jiangsu Province", the Provincial Department of Justice and the Provincial Department of Transportation revised and improved the Measures twice, and solicited opinions for the third time in the whole province. According to the opinions of the relevant departments and localities in the province, the "Measures (Draft)" was formed and submitted to the 73rd executive meeting of the provincial government for deliberation and adoption.
Third, the main content
(a) the guiding ideology, purpose and basis of legislation
The legislative guiding ideology of the Measures is guided by the Supreme Leader’s New Era Socialism with Chinese characteristics Thought, and based on People’s Republic of China (PRC) Highway Law, Highway Safety Protection Regulations and Jiangsu Highway Regulations and other laws and regulations. The legislative purpose is to scientifically divide the management responsibilities of provinces and cities and strengthen the construction, maintenance and management of provincial highways in ordinary countries.
(2) The scope of application of the Measures
According to the Highway Law of People’s Republic of China (PRC) and the Highway Regulations of Jiangsu Province, Article 2 of the Measures stipulates the scope of application: to engage in the construction, maintenance and management of ordinary national highways within the administrative area of this province; It is also clear that the term "ordinary national and provincial roads" as mentioned in these Measures refers to the national and provincial roads except expressways within the administrative area of this province. At the same time, it is clear that ordinary national and provincial roads belong to toll roads, which shall be implemented in accordance with relevant laws and regulations of toll roads.
(3) Division of management responsibilities between provinces and cities
According to the current relevant laws and regulations, as well as the newly issued "Reform Plan on the Division of Financial Affairs and Expenditure Responsibilities between Provinces, Cities and Counties in Jiangsu Province", Article 4 of the Measures clarifies that: the provincial transportation authorities are in charge of the construction, maintenance and management of ordinary national highways in the province, and are responsible for organizing the implementation of some important construction and maintenance projects of ordinary national highways; The municipal transportation department in charge of districts shall be responsible for the maintenance and management of ordinary national and provincial roads within their respective administrative areas in accordance with the regulations.
(4) Construction management responsibilities
According to the current relevant laws and regulations, according to the implementation opinions of the provincial government on promoting the sustainable and healthy development of ordinary highways, combined with the construction practice of ordinary national highways in Jiangsu, Article 3 of the Measures clarifies that the people’s governments of cities and counties (cities, districts) with districts are the main bodies of the construction of ordinary national highways within their respective administrative areas, and are responsible for implementing the responsibilities of project construction, fund raising and compensation collection. At the same time, taking into account the fact that some bridges and tunnels across the river and bridges across the city are organized by the provincial transportation authorities, Article 3 of the Measures also clarifies some important ordinary national highways and bridges and tunnels across the Yangtze River by ordinary national highways, and bridges and tunnels connecting cities with districts. The provincial people’s government can separately determine the construction subject.
Regarding the procedures for the construction of ordinary national highways, Article 8 of the Measures clarifies that the construction drawing design documents of ordinary national highway construction projects shall be examined and approved by the provincial transportation authorities; The construction permit and quality supervision procedures for ordinary national and provincial highway construction projects shall be implemented by the municipal transportation department in charge of the district where the project is located; The provincial people’s government shall separately determine the construction permit and quality supervision procedures of the construction project, which shall be implemented by the provincial transportation department.
(5) Maintenance and management responsibilities
According to the actual development of ordinary national highways in our province, Article 10 of the Measures clarifies that after the construction project of ordinary national highways is completed and accepted, the project legal person can hand over the ordinary national highways to the municipal transportation department in charge of the district where it is located for maintenance. Article 11 of the "Measures" clarifies that the municipal people’s government or its authorized department, which is located in the district, shall organize the transfer of the management and maintenance right of the relevant sections of the original ordinary national highway to the urban road management department or the county (city, district) people’s government, the township people’s government and the sub-district office. Article 12 of the "Measures" clarifies that the provincial department in charge of transportation shall formulate the maintenance plan, maintenance standards and annual maintenance plan for ordinary national and provincial roads in the province.
(six) road management responsibilities
Article 15 of the "Measures" clarifies two types of matters that the provincial transportation authorities are responsible for licensing, including: using ordinary national and provincial highways to cross-provincial over-limit transportation; Part of it involves the construction activities of ordinary national highways, specifically, it needs to change the route of ordinary national highways due to the construction of railways, airports and other construction projects; Crossing and crossing ordinary national highways to build bridges, aqueducts or erect and bury pipelines and other facilities, and erecting and burying pipelines, cables and other facilities within the land used by ordinary national highways, which needs to interrupt traffic or half-enclose ordinary national highways involving more than two cities divided into districts; Adding or rebuilding a level crossing with an opening in the middle of a first-class highway in an ordinary national highway. Article 16 of the "Measures" also clarifies that if it is necessary to build dams, compress or widen riverbeds for emergency rescue and flood control in a certain range outside the land used by provincial highways, it shall be approved by the provincial transportation department in conjunction with the provincial water administrative department or the river basin management agency. In addition to the provincial department in charge of transportation is responsible for the implementation of the above part of the license, ordinary national and provincial highway management responsibilities, by the municipal department in charge of transportation is responsible for.
(VII) New development requirements
Article 9 of the "Measures" clarifies that when building, rebuilding or expanding ordinary national and provincial highways, road network monitoring projects, safety and life protection projects and other road ancillary facilities should be built simultaneously in accordance with the technical standards of highway engineering; Article 14 of the "Measures" clarifies that the people’s governments of cities and counties (cities, districts) divided into districts shall organize greening and maintenance work outside the scope of land used by highways on both sides of ordinary national highways to meet the requirements of greening and beautification of ordinary national highways; Article 18 of the "Measures" clarifies that the county (city, district) people’s government is the main body responsible for the environmental improvement of road areas in ordinary countries and provinces; Article 19 of the Measures requires provincial and municipal transportation authorities to take effective measures to improve the green development level, informatization level and service quality of ordinary national and provincial highways.
Fourth, the main highlights
(A) the scientific division of provincial and municipal administrative responsibilities.
In 2019, the General Office of the State Council issued the Reform Plan for the Division of Fiscal Affairs and Expenditure Responsibilities between the Central and Local Governments in the Field of Transportation. In 2020, the general office of the provincial government issued the "Reform Plan for the Division of Financial Affairs and Expenditure Responsibilities between Provinces, Cities and Counties in Jiangsu Province", which divided the financial affairs between provinces and cities and counties in terms of ordinary national and provincial roads. The "Measures" divide the reform plan according to the financial affairs and expenditure responsibilities. In Articles 3, 4, 8, 12, 15 and 16, the relevant responsibilities of provinces and cities divided into districts of ordinary national highways are clarified, which makes up for the blank that the existing system does not systematically divide the responsibilities of provinces and cities divided into districts for the construction, maintenance and management of ordinary national highways.
(B) clearly defined the responsibilities of local governments and relevant departments.
According to the provisions of People’s Republic of China (PRC) Highway Law, Jiangsu Highway Regulations and other laws and regulations, the relevant responsibilities of the people’s governments of cities and counties (cities, districts) with districts, as well as the responsibilities of transportation authorities and other departments, are clearly defined. Article 3 of the "Measures" clarifies that the people’s governments of cities and counties (cities, districts) with districts are the main construction bodies of ordinary national highways within their respective administrative areas, and clarifies some important ordinary national highways, bridges and tunnels across the Yangtze River and bridges and tunnels connecting cities with districts. The provincial people’s government may separately determine the main construction bodies; Article 11 clarifies the responsibilities and procedures of the relevant local people’s governments, provincial transportation authorities and urban road management departments for the transfer and adoption of ordinary national and provincial roads; Article 13 clarifies the responsibilities of the people’s governments of cities and counties (cities, districts) with districts, as well as the departments of natural resources, transportation and other departments to determine the land used for highways and delimit the building control areas; Article 18 clarifies the responsibilities of the county (city, district) people’s government and the departments of transportation, urban management, public security, ecological environment, agriculture and rural areas, market supervision and other departments for joint improvement of the highway road environment.
(C) further implement the new requirements for the development of ordinary national and provincial roads.
Under the new macro-environment, the promotion of national strategy and various reforms has put forward new requirements for local people’s governments at all levels and their relevant departments in our province to fulfill the management responsibilities of ordinary national and provincial roads. Combined with the new situation and new requirements, the "Measures" clarify in Article 9 the simultaneous construction of road network monitoring projects, safety and life protection projects and other road ancillary facilities; In Article 18 and Article 19, it is clear that the road environment, informatization level and green development level of ordinary national and provincial highways should be improved.
