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Regulations of Tianjin Municipality on the Administration of Rail Transit

新闻日期: 2015-09-07    文章来源:

The People’s Government of Tianjin Municipality Decree No. 13

The Regulations of Tianjin Municipality on the Administration of Rail Transit was adopted by the Tianjin Municipal People’s Government at its 43rd Executive Meeting on December 5, 2014 and is hereby promulgated. These Regulations shall go into effect as of February 1, 2015.

Mayor Huang Xingguo
December 15, 2014

Regulations of Tianjin Municipality on the Administration of Rail Transit

Chapter I  General Provisions

Article 1  These Regulations are enacted in accordance with relevant state provisions and in the light of the actual condition of this Municipality, with the purpose of reinforcing the construction and administration of rail transit, maintaining safety and the normal order of operation, and safeguarding the legitimate rights and interests of the rail transit unit and passengers,
Article 2  For the purpose of these Regulations the term “rail transit” means the public rail transit system including subways and elevated trains.
For the purpose of these Regulations the term “rail transit facilities” means the rail tracks, tunnels, elevated rail tracks, roadbed, car depots, stations (including the entrance and exit, passage ways and ventilation towers), trains, mechanical electrical equipment, communications and signal systems, power supply systems and their supplementary facilities and equipment and related facilities and equipment installed for guaranteeing the rail transit.
Article 3  These Regulations shall apply to the planning, construction and operation, protection of facilities and other related operational administrative activities concerning rail transit in areas under the jurisdiction of this Municipality.
These Regulations may not apply to the administration of railway transportation in accordance with relevant laws and regulations
Article 4  This Municipality adheres to the principle of priority development, unified planning, diverse channels of investment and normalized operation in the rail transit.
Article 5  The Municipal traffic and transportation competent administrative department shall be in charge of supervision and administration of rail transit in this Municipality.
The Municipal construction competent administrative department shall be in charge of supervision and administration of construction of rail transit lines in this Municipality.
The public security department shall be in charge of public security administration, public order maintenance, supervision of fire control and management and fight against terrorist acts.
The development and reform, planning, land, safety in production, cityscape, sanitation, environmental protection departments and related people’s governments of districts and counties shall, depending on their respective duties, do a good job in the construction and administration of rail transit.

Chapter II  Planning and Construction Administration

Article 6  The special rail transit plan shall be worked out by the Municipal traffic and transportation competent administrative department in collaboration with development and reform, planning, construction, state land and housing competent administrative departments in accordance with the Municipal national economy and social development plan and the overall city planning.
The rail transit line construction plan shall be worked out by the Municipal development and reform department, in collaboration with the construction, planning, traffic and transportation competent administrative department based the special rail transit plan.
The special rail transit plan and the rail line construction plan shall be submitted for approval in accordance with the procedure specified by the state and this Municipality.
The related department shall, in working out the special rail transit plan, solicit comments from the related departments and the district and county people’s governments, and from the experts of all fields and citizens, and scientifically arrange the connection between various rail lines, between rail lines and other public transit systems.
Article 7  The land allocated for special use of rail line construction by the authorities in the urban and rural planning may not be used for other purposes without going through the legal procedure for such readjustment.
   Where the rail line construction uses spaces underground, it is not restricted by ground land ownership above it.
Article 8  The land used for newly-built rail lines shall, following the market principle, be subject to comprehensive development by making full use of its spaces both under and above the ground.
Article 9  The Municipal planning competent administrative department shall, in accordance with the special rail line plan and its construction plan, passenger volume, the need of transfer passengers and the condition for land use, reserve land in the urban and rural planning for the construction of transfer centers, parking lots for motor vehicles and other vehicles, public toilets and other public facilities. The land may not be used for other purposes without going through legal procedures.
Article 10  Steps shall be taken for a rail transit project to prevent and reduce its impact on the existing buildings, structures, roads and pipelines and on those under construction to ensure their safety. 
Article 11  The survey, design, construction and monitoring of the rail transit project shall abide by the state and this Municipality’s design and technological norms.
The survey, design, construction and monitoring of a rail transit project shall be conducted by the unit with matching qualifications hired through invitation to bidding.
Article 12  Where a rail transit project is completed, the Municipal construction competent administrative department shall oversee the unit undertaking the project to conduct an initial examination. Where it passes the initial examination, a trial run shall begin. Where it passes the trial run and the conditions for opening to operation are ready, the Municipal transportation competent administration shall arrange for an evaluation and examination of the basic conditions for operation. Where the basic conditions for operation pass the examination and the Municipal traffic and transportation competent administrative department has submitted a report to the Municipal People’s government for approval, the rail line may start trial operation upon the approval of the Municipal People’s Government.
Article 13  No buildings, structures may be erected and no plants may be grown in the inside of a curve along a rail line that may block the view of the train driver.

Chapter III  Operational Administration

Article 14  The operational unit of the rail transit shall, in accordance with the state and Municipal service standards, set up various sound safety operational systems, safety norms for operation, safety inspection mechanism so as to ensure the normal operation and safety in rail transit.
The operational unit of rail transit may not suspend or terminate operational service without the approval from the Municipal traffic and transportation competent administrative department.
Article 15  The  operational unit of rail transit shall, in accordance with the state and Municipal safety standards and technological norms, install security check device and take charge of its use and maintenance. The expenses thus incurred shall be borne by the Municipal finance.
The newly-built rail transit project shall install security check device simultaneously with the construction of the project and the expenses thus incurred shall be incorporated into the cost of the construction of rail transit lines.
Article 16  The operational unit of rail transit shall ensure the  alarm, fire control, escape, anti-flood, anti-explosive facilities, protective camera surveillance and emergency evacuation lighting system and rescue equipment in good shape and normal operation.
Article 17  The operational unit of rail transit unit shall inspect the operation facilities, security check facilities on a regular basis, repair, and update them in time so as to ensure that the rail transit facilities operate normally in safety, shall maintain the automatic ticket sale machines, ticket inspection, escalators, sliding shield doors, ventilation, lighting of the train, accessible facilities and security check systems in good shape, to ensure the tidiness of the stations and coaches, the unimpeded passage of the entrance and exit, and the public signs clear and attractive.
The operational unit of rail transit shall install at the stations trash bins and other necessary service facilities. The advertisements in the station or on the train shall be legal, standard, tidy and civilized.
Article 18  The operational unit of rail transit is the responsible subject for security in rail transit and is entitled to inspect the passenger and his carry-on articles for safety and the passenger shall render assistance.
The public security department shall provide guidance, check and supervision to the public security work in rail transit, work out the operational standard for security check for tail transit and handle illegal criminal acts found in the security check in accordance with law.
Article 19  The operational unit of rail transit shall arrange for a long-term monitor of the key parts and facilities of the rail transit, work out and implement the measures for safety in operation and, in accordance with related state and Municipal regulations, entrust state- level qualified safety appraisal agency with the job of evaluating safety of rail transit.
In the wake of major disasters such as an earthquake or fire, the operational unit of rail transit shall make an inspection of the safety of rail transit and may resume operation only after it passes inspection.
Article 20  The operational unit shall, under the guidance of public security agency, choose a security inspection enterprise, through bid invitation, to be in charge of security check for rail transit. The security inspection enterprise shall possess matching qualifications and hire security inspectors in accordance with the state and Municipal regulations. The expense of payment for the security inspectors shall be borne by the Municipal finance.
The security check person inspects the person and his carry-on articles for safety when the latter enters the waiting area for boarding the train. The related person shall render cooperation. Where a person carries guns and ammunition, prohibited knives, explosives or inflammables, radioactive, poisonous, corrosive articles that may impose a threat to pubic security, the security inspector shall stop him from entering the station or order him to leave the station. Where anyone refuses to accept the inspection or forces his way into the station or refuses to exit the station, or disrupts the order of security inspection, the public security agency shall handle him in accordance with law.
Article 21  The operational unit of rail transit shall educate and train its employees in safety to ensure that the employees are equipped with necessary know-how of safety in operation, and familiar with related safety operational systems and safety operational standards, and master the skills for operational safety at post. The driver, dispatcher, on-duty train operator shall pass the examination in training courses before assuming post with the certificate
Article 22  The operational unit of rail transit shall announce at conspicuous places at the station the schedule for the first and the last train, situation of train running and transfer information. Where the timing for the first and the last train requires adjustment, the operational unit shall inform the public thereof in time through the media and other effective means.
Article 23  Where the fare for the rail transit needs determination and adjustment the operational unit of rail transit shall make an application to the Municipal pricing competent department, which shall, in accordance with relevant provisions, host a hearing to solicit comments from all walks of life and submit a report to the Municipal People’s Government for approval.
The operational unit of rail transit shall implement the fare approved by the Municipal People’s Government and announce the fare to the public.
Article 24  The passenger shall board the train possessing a valid ticket and abide by the rules of passengers and the ticketing regulations.
The passenger shall subject himself to the administration of the functionaries of the operational unit of rail transit, and wait for the train in the safety zone, shall not touch the train door or the sliding shield door in the interval when the door opens or closes. Passengers shall exit before others enter the train, and leave the train when the train reaches its destination.
Passengers shall correctly use the escalator and elevator, automatic ticketing machine and other related facilities at the rail transit stations. When damages are caused by the passenger, he shall compensate for it in accordance with law.
Article 25  It is forbidden to commit any of the following acts to the rail transit facilities:
1. Obstructing the normal running of trains;
2. Forcing one’s way into or out of a coach;
3. Entering without authorization the rail tracks, tunnels and other out- of- the- bound areas;
4. Climbing or crossing elevated rail tracks, enclosure walls, protecting fences (nets), gates and sliding shield doors;
5. Drunkards, infectious patients, unescorted lunatics, or the people suffering from illness that might endanger other’s safety entering the station and boarding the coach;
6. Carrying animals, inflatable balloons and other easy-to-pollute articles, badly smelling articles and easy-to-break or sharp articles when entering the station or boarding the train
7. Smoking, using open fire, spitting, urinating or defecating, spitting gum, throwing fruit peel and waste paper;
8. Throwing bits and odds or waste into the rail transit area;
9. Begging, lying or sleeping, jumping or stamping on seats in the station or on the coach;
10.  Scribbling, carving or painting and posting, or hanging articles without authorization
11.  Parking vehicles, stacking bits and odds or installing sales booths, performing, doing fit exercises, distributing articles, conducting advertisements, or selling without authorization;
12.  Shooting films, TV drama, or advertisement without the consent of the rail transit operational unit;
13.  Occupying special passages for fire control or evacuation;
14. Using skate boards or roller skates;
15. Carrying bicycles (including folding bicycles); and
16. Other acts that endanger rail transit and safety of passengers.
Article 26  Where an accident occurs in the operation of rail transit that affects the train operation, the operational unit of rail transit shall make timely repairs to restore operation; where it is not possible to restore operation in time, the operational unit shall organize the dispersion of the passengers in an orderly way and the passengers may not linger on in the coach or at the station.
Article 27  The Municipal traffic and transportation competent administrative department and the operational unit of rail transit shall set up a complaint system by which to accept complaints from the passengers.
The operational unit of rail transit shall make timely reply to passengers’ complaint. Where it is necessary to make investigations, it shall make a reply within 10 workdays from the time when the complaint is received. Where the passenger disagrees with the reply he may complain to the Municipal traffic and transportation competent administrative department. The latter shall make a replay within 10 workdays from receiving the complaint.
Article 28  The power, telecommunications, water supply and other related departments shall ensure the supply of power, water and telecommunications services for the normal operation of rail transit.

Chapter VI  Facility Protection

Article 29  The rail transit lines shall set up safety protective zones in accordance with the following standards:
1. Within 50 meters extending from the outside limit of the underground station and tunnel;
2. Within 30 meters extending from the outside line of the ground and elevated station and the rail tracks; and
3. Within 10 meters extending from the outer limit of entrance, exit, ventilation tower, transmission station, and other buildings and structures;
The Municipal traffic and transportation competent administrative department shall, in collaboration of other related departments, set up conspicuous signs in the safety zone.
Article 30  It is forbidden to occupy land, park motor vehicles or machinery, or store goods or bits and odds without authorization in the vertical projected area of the rail lines.
Article 31  It is forbidden to commit any of the following acts that damage the rail transit facilities:
1. Using brake device under non-emergency conditions;
2. Damaging trains, tunnels, bridges, rail tracks, roadbeds and stations;
3. Damaging or interfering with the surveillance camera, electric and mechanic facilities, cables, telecommunications system, power supply system and supplementary facilities outside the station;
4. Removing, covering up, soiling the safety, fire control, and escape signs, directives and station names;
5. Drilling the bridge pillars, or bridges, erecting electric lines or tying other ropes using the bridge as a leverage; and
6. Other acts that damage the rail transit facilities.
Article 32  Where anyone performs the following operations in the safety zone of rail transit, he shall make a safety protection plan and, after he obtains the assent from the operational unit of rail transit, file the plan for the record at the Municipal construction competent administrative department:
1. Newly building, expanding or renovating or demolishing the existing buildings or structures;
2. Laying or erecting pipelines, digging, exploding, consolidating roadbed, fetching ground water, drilling for prospecting, digginh wells and hoisting;
3. Digging or dredging the river in the area where an under river tunnel passes; and
4. Other acts that the load is increased or reduced at a great extent.
The operating unit shall implement the safety protection plan before the operation begins and maintain a dynamic monitoring of the affected area.

Chapter V  Emergency Handling

Article 33  The operational unit of rail transit shall set up an emergency rescue team, make an emergency response plan, equip the team with rescue facilities and rehearse on a regular basis.
Article 34  Where emergencies such as a natural disaster strikes or a safety accident or terrorist attack occurs during the operation of rail transit, the operational unit of rail transit shall, in accordance with the emergency response plan, organize an emergency dispersion, risk elimination, rescue and take other emergency measures and report the accident to the related department in accordance with the regulations. The related department shall, in accordance with the emergency response plan for the rail transit, take emergency measures to deal with it.
Article 35  Where casualties occur in the operation of rail transit the operational unit shall timely report it to the related department according to the regulations and adhere to the priority plan by first rescuing the wounded, protecting the scene of the accident, maintaining order, removing obstacles in time, resuming operation and handling the accident. No unit or individual may obstruct the normal operation of rail transit. The public security department shall conduct a timely survey and examination on the scene, handle the remains of the deceased, and produce a report on the investigation and a conclusion concerning the casualties in accordance with law.
Article 36  Where there is a surge of passenger volume that endangers the safety of operation the operational unit of rail transit shall readjust the operational plan in time. Where it is not possible to make timely readjustment or the readjustment plan still fails to disperse the passenger volume, the operational unit of rail transit shall take measures to restrict passenger volume and provide connections with buses and taxies to ensure safety in operation.
Article 37  Where natural disasters, severe weather conditions or other emergencies occur that endanger the safety of rail transit and it is not possible to take measures to ensure safety, the operational unit of rail transit may suspend temporarily rail transit operation or some part of the line. In doing this, it shall report it to the Municipal traffic and transportation competent administrative department for the record and inform the public thereof in time.

Chapter VI  Legal Liabilities

Article 38  Where the operational unit of rail transit violates Articles 14, 16, 17, 19 or 22 of these Regulations, the Municipal traffic and transportation competent administrative department shall order it to make corrections before a deadline; where it refuses to make corrections at the expiration of the deadline, the department shall penalize it by a fine of not less than 3,000 yuan but not more than 30,000 yuan.
Article 39  Where the operational unit of rail transit, in violation of Paragraph 2 of Article 23 of these Regulations, fails to implement the fare approved by the Municipal People’s Government, the pricing competent department shall penalize it in accordance with related provisions.
Article 40  Where a passenger, in violation of Paragraph 1 of Article 24 of these Regulations, rides the train without a ticket or with a void ticket, the operational unit of rail transit may charge him with the top price for the one way trip.
Where a passenger rides the train by using fabricated preferential certificate or using other’s preferential certificate, the Municipal traffic and transportation competent administrative department shall penalize him by a fine of not less than 50 yuan but not more than 500 yuan; where the case is serious, the public security agency shall handle him in accordance with the Penalty Law of the People’s Republic of China on  Security Administration.
Article 41  Where anyone violates the provisions of Article 25 of these Regulations the operational unit of rail transit has the right to stop him; where he refuses to make corrections the Municipal traffic and transportation competent administrative department shall penalize him by a fine of not less than 50 yuan but not more than 500 yuan; where the case is serious enough the public security agency shall handle him in accordance with the Penalty Law of the People’s Republic of China on  Security Administration.
Article 42  Where anyone violates Article 30 of these Regulations the Municipal traffic and transportation competent administrative department shall order him to make corrections before a deadline; where he refuses to make corrections at the expiration of the deadline it may penalize him by a fine of not less than 500 yuan but not more than 5,000 yuan.
Article 43  Where anyone violates Article 31 of these Regulations, the Municipal traffic and transportation competent administrative department shall order him to make corrections before a deadline and penalize him by a fine of not less than 1,000 yuan but not more than 30,000 yuan; where damage is caused to the transit facilities, he shall compensate for the damage in accordance with law.
Article 44  Where anyone, in violation of Article 32 of these Regulations, starts operation without authorization, the Municipal construction competent administrative department shall order him to make corrections before a deadline and to stop the operation. It may penalize him by a fine of not less than 5,000 yuan but not more than 30,000 yuan; where economic loss is caused he shall compensate in accordance with law.
Article 45  Where anyone refuses or obstructs the functionaries of the rail transit administrative department in performing their duties, disrupts operational order of rail transit, endangers the safety in rail transit, damages and destroys transit facilities, which constitutes an act of violating public order and security administration, the public security agency shall handle him in accordance with law, where the case is serious enough to constitute a crime he shall be investigated for criminal responsibilities in accordance with law.

Chapter VII  Supplementary Provisions

Article 46   The service norm, passenger rules and fare regulations of rail transit in this Municipality shall be worked out by the Municipal rail transit competent administrative department.
Article 47  These Regulations shall go into effect as of February 1, 2015 and The Regulations of Tianjin Municipality on the Administration of Rail Transit (Decree No,101 of Tianjin Municipal People’s Government, 2006) in effect since June 1, 2006 shall be abrogated simultaneously.

 


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