Regulation on Protecting the Railway Transport Safety
Regulation on Protecting the Railway Transport Safety
Regulation on Protecting the Railway Transport Safety
Order of the State Council of the People's Republic of China(No. 430)
December 27, 2004
The Regulation on Protecting the Railway Transport Safety, which was adopted at the 74th executive meeting of the State Council on December 22, 2004, is hereby promulgated and shall come into force as of April 1, 2005.
Premier Wen Jiabao
Regulation on Protecting the Railway Transport Safety
Chapter I General Provisions
Article 1 This Regulation is formulated in accordance with the Railway Law of the People's Republic of China and the Work Safety Law of the People's Republic of China for the purpose of strengthening the railway transport safety management, ensuring the safe and smooth railway transport and protecting the safety of lives and properties and other legitimate rights and interests.
Article 2 The present Regulation shall be applicable to the protection of railway transport safety and any other activity in relation to the protection of railway transport safety within the territory of the People's Republic of China.
Article 3 For administrating the railway transport safety, the guidelines of "safety first, precaution crucial" shall be adhered to.
Article 4 The railway administrative department of the State Council shall be responsible for supervising and administrating the railway transport safety throughout the country.
A railway administrative organ established by the railway administrative department of the State Council (hereinafter referred to as the railway administrative organ) shall be responsible for supervising and administrating the railway transport safety within its own jurisdiction.
Article 5 The local people's governments at all levels along the railway lines and the supervisory and regulatory departments in charge of the safe production of local people's governments at or above the county level shall, in accordance with their own functions, do well the work relating to the railway transport safety, strengthen the education on the railway transport safety, carry out the responsibility system for road maintenance and joint defense, precaution and put down any act jeopardizing the railway transport safety, and coordinate and dispose of any matter in relation to the railway transport safety.
Article 6 The security organ shall keep the public order at the stations, on the trains and at other railway sites and along railway lines.
Article 7 The railway transport enterprise shall strengthen the management of railway transport safety, establish and improve the managerial system for safe production, set up the safety managerial organ and ensure the necessary capital contributions to the railway transport safety.
Anyone engaging in the railway transport shall stick to his post, shall operate according to the procedures and fulfill the responsibilities and serve wholeheartedly so as to ensure the transport safety.
Article 8 The railway administrative department of the State Council and the railway administrative organs shall formulate prepared plans against public health emergencies, railway public order emergencies, major natural calamities and fire disasters, grave railway transport safety accidents and other emergencies that influence the safe and smooth railway transport.
A railway transport enterprise shall establish and improve its own prepared plans against emergencies and clarify matters as the emergency command and relief in accordance with the relevant state provisions.
Article 9 No entity or individual may destroy, damage or illegally impropriate any railway transport facility or equipment, railway signal and railway use land.
Each entity and individual shall be obliged to protect railway transport facilities and equipment, railway signals and the railway use land. In case any one finds that the railway transport facilities and equipment, railway signals or railway use land is destroyed, damaged or illegally impropriated or any other act that influences the railway transport safety, he shall impeach or report it to the railway administrative department of the State Council, the railway administrative organ, public security organ, local people's government at all levels or any other relevant department, or timely notify the railway transport enterprise. Any department that receives any impeachment or report and any railway transport enterprise that receives a notice shall timely deal with it on the basis of its own functions.
Any entity or individual that made outstanding contributions to maintaining the railway transport safety shall be honored and rewarded.
Chapter II Safety along the Railway Lines
Article 10 The railway lines safety protection areas shall be established along the two sides of railway lines. Computed from the slope base of a road bank and the top of slope of a road cutting along a railway line or from the outside of a railway bridge, the scope of railway lines safety protection areas shall be:
(1)no less than 8 meters for the urban districts of cities;
(2)no less than 10 meters for habitation areas in suburbs;
(3)no less than 12 meters for habitation areas in villages and small towns; and
(4)no less than 15 meters for other areas.
The scheme of the specific scope of railway lines safety protection areas shall be brought forward by the railway administrative organ, and a local people's government at or above the county level shall delimit the said protection areas according to principles of ensuring the railway transport safety and saving the land to be used. In case the railway use land can meet the requirements as provided for in the preceding Paragraph, the railway lines safety protection areas shall be delimited by the railway administrative organ within the scope of railway use land.
Where the railway lines safety protection areas have an overlapping with highway construction control areas, river-way control areas or water conservancy control and protection areas, the delimitation shall be reported to the local people's government at or above the county level after the railway administrative organ has consulted with the highway administrative organ and the administrative department in charge of water.
The railway transport enterprise shall set up signal pegs, and necessary bounding walls, fences and other protective facilities at the boundaries of railway lines safety protection areas.
Where the railway lines safety protection areas are required to be delimited for those railways special for enterprises and entities themselves, they shall be delimited by referring to the provisions in Paragraph 1 of this Article.
Article 11 With the exception of necessary railway constructions, operations and emergency rescues, no entity or individual may carry out any of the following acts within the railway lines safety protection areas:
(1)Creating a building or structure;
(2)Excavating earth or ores, or ditching;
(3)Caving operations; or
(4)Piling up or hanging articles.
No entity or individual may, within the railway lines safety protection areas, burn the grass on waste land, breed livestock or plant trees that will influence the safety along railway lines and the look-out of driving.
No entity or individual may drain waste, water or dump rubbish or other harmful substances into the railway lines safety protection areas.
Article 12 In case an existing building or structure within the railway lines safety protection areas endangers the railway transport safety, the railway administrative department of the State Council and the railway administrative organ or local people's government at or above the county level shall order to take necessary safety protection measures. In case the safety requirements cannot be met even after the adoption of safety protection measures, the said building or structure shall be demolished within the time limit in accordance with the relevant state provisions.
To demolish the buildings or structures within the railway lines safety protection areas, reasonable compensation shall be made; but to demolish the buildings and structures illegally built, no compensation shall be made.
Article 13 The safety production managerial personnel of a railway transport enterprise shall make regular inspections on and maintenance of the railway lines. Any safety issue found in the course of inspection tour shall be dealt with without delay; if the person cannot deal with it, he shall promptly report to the relevant principal of his enterprise. The notes about the inspection tour and handling circumstances shall be kept.
Article 14 No building, structure or facility (with the exception of facilities having direct mutual effects on the motor vehicles) along the railway lines and the surroundings thereof may stand within the railway building clearance boundaries as provided for by the State. Otherwise, a railway administrative organ shall be entitled to stop and demolish it.
Article 15 No entity or individual may reclaim land from marshes, pump water from underground, block rivers or build dams, erect flying bridges or build other facilities that may influence and endanger the railway bridge safety within 1,000 meters of the upriver and downriver where a railway bridge (including a highway and railway transit bridge, the same hereinafter) spans.
Where it is necessary to reclaim land from marshes, pump water from underground, block rivers or build dams, erect flying bridges or carry out other activities within the scope as provided for in the preceding Paragraph, the safety demonstration shall be conducted and the relevant administrative department shall solicit opinions from the relevant railway administrative organ before the approval is granted.
Article 16 No entity or individual may excavating ores within any of the following scopes of the upriver and downriver where a railway bridge spans:
(1)within 500 meters of the upriver and 3,000 meters of the downriver for those railway bridges with the length of more than 500 meters;
(2)within 500 meters of the upriver and 2,000 meters of the downriver for those railway bridges with the length of 100 meters up to 500 meters; or
(3)within 500 meters of the upriver and 1,000 meters of the downriver for those railway bridges with the length of less than 100 meters;
In case a relevant department delimits a quarry-forbidden scope larger than the ones as provided for in the preceding Paragraph in the upriver and downriver where a railway bridge spans, such delimitation shall be followed.
Article 17 No entity or individual may build or establish any site or warehouse for producing, processing, storing or selling inflammable or explosive or radioactive articles or other dangerous articles within 200 meters computed from the slope base of a road bank or the top of slope of a road cutting along the two sides of a railway line or from the outside of a railway bridge, or from a railway station and its surroundings, or from the two sides of the upper centerline of a railway tunnel, but with the exception of facilities established upon the state relevant provisions for replenishing railway transport vehicles with fuels and for transporting dangerous goods.
Article 18 No mining, quarrying and blasting may be carried out within 1,000 meters computed from the slope base of a road bank and the top of slope of a road cutting along the two sides of a railway line or from the outside of a railway bridge, or from the two sides of the upper centerline of a railway tunnel.
In case the quarrying or blasting is required for building a road, water conservancy project or any other public project within the scope as provided for in the preceding Paragraph, the necessary safety protection measures shall be taken after the consultation with the railway transport enterprise has been made.
Article 19 The regular inspection on and maintenance of a highway and railway transit bridge shall be jointly conducted by a local railway transport enterprise and local road administrative department or a road business enterprise so as to keep it in a safe technical state.
The testing and maintenance of piers, girders and other common parts of highway and railway transit bridges shall be jointly undertaken by the railway transport enterprise and the road administrative department or the road business enterprise, and the fees incurred therefrom shall be shared according to the principles of impartiality and reasonableness.
Article 20 The important railway bridges and tunnels shall be subject to the guard of the Chinese People's Armed Police Force according to the relevant provisions of the State.
Article 21 In case one carries out the dredging operations in upriver and downriver where a railway bridge spans and thus influences the railway bridge safety, it is necessary to conduct the safety technical appraisal, and the relevant river-way and sea-route administrative departments shall solicit opinions from the railway administrative department of the State Council or the railway administrative organ prior to its approval and ensure that it is safe or the safety technical measures have been taken, then the dredging operations can be carried out in accordance with the law, but with the exception of daily maintenance and dredging operations of river-ways and sea-routes.
Article 22 The newly building, rebuilding and expanding of the safety facilities of a construction project by a railway building entity shall be designed, constructed and put into operation and use simultaneously with the main part of the project.
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