Order of Wuhan Municipal People’s Government
No. 255
It is hereby promulgated that the Decision of Wuhan Municipal People’s Government on Amending the Measures of Wuhan Municipality for the Administration of Toll Collection on Urban Roads, Bridges and Tunnels Built with Loans has been adopted at the 103rdExecutive Meeting of Wuhan Municipal People’s Government on September 1, 2014, and shall be implemented as of November 1, 2014.
Mayor: Tang Liangzhi
September 20, 2014
Decision of Wuhan Municipal People’s Government on Amending the Measures of Wuhan Municipality for the Administration of Toll Collection on Urban Roads, Bridges and Tunnels Built with Loans
Wuhan Municipal People’s Government decides to make the following amendments to the Measures of Wuhan Municipality for the Administration of Toll Collection on Urban Roads, Bridges and Tunnels Built with Loans:
1. The second paragraph of Article 5 is amended to: “A fixed toll system is applied to passenger taxies registered in Jiang’an, Jianghan, Qiaokou, Hanyang, Wuchang, Qingshan and Hongshan districts as well as Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park of this Municipality. The owners of such motor vehicles shall pay the tolls for the current year prior to March 31 of every year”.
2. In Article 7, “provincial” is deleted.
3. A paragraph is added as follows under Article 9 as the third paragraph: “A toll administration may, with consideration of the use conditions of an electronic label, require the motor vehicle owner to replace his/her electronic label at a designated place, while the latter shall go through the relevant formalities as required”.
4. An item is added as follows under Article 10 as Item (6): “other vehicles exempt from paying tolls as provided by the Municipal People’s Government”.
5. In the fifth paragraph of Article 11, “the motor vehicle owners who make a deposit up to a certain amount” is changed to “the motor vehicle owners who deposit a lump sum of toll to a certain amount”.
6. In the first paragraph of Article 12, “or by a road tollgate authorized in accordance with relevant provisions (hereinafter referred to as the toll agency). The toll stations and the toll agencies shall inspect and verify the toll collection information of non-local motor vehicles” is deleted. And a sentence is added as follows at the end of this paragraph: “Motor vehicle owners shall make up the tolls within 15 days as of the date of default of payment”.
The second and third paragraphs of Article 12 are deleted.
7. Article 13 is deleted.
8. The former Article 14 is changed to Article 13. And in this Article, “so as to facilitate the inquiry of information such as vehicle passing and toll payment of motor vehicle owners” is amended to: “and provide network and phone services for motor vehicle owners’ inquiry of vehicle passing and toll payment information”.
9. The former Article 17 is changed to Article 16, and in this Article, “and the toll agencies” is deleted.
10. The former Article 18 is changed to Article 17, and the first paragraph is amended to: “The toll administrations, the departments of finance, and the collecting banks shall sign a collection agreement. The collecting banks shall collect the tolls in full amount in strict accordance with the collection agreement”.
The second paragraph of this Article is deleted.
11. The former Article 19 is changed to Article 18, and a paragraph is added as follows as the third paragraph: “Motor vehicle owners shall return their electronic labels to the toll administrations while going through the formalities for vehicle cancellation”.
12. The former Article 22 is changed to Article 21, and the second sentence “Non-local motor vehicles shall accept the inspection and verification on information about their toll payments at the toll stations” is moved out as the next paragraph with “Non-local” deleted.
13. The former Article 23 is changed to Article 22, and at the end of the first paragraph, “and provide relevant valid certificates” is inserted.
14. The former Article 26 is changed to Article 25, and in the first paragraph, “promptly” is inserted behind “take proper measures”.
15. The former Article 27 is changed to Article 26, and is amended to: “The credit agencies shall incorporate according to law the information about the toll payments of motor vehicle owners into their credit information systems”.
16. The former Article 28 is changed to Article 27. Item (2) is amended to: “Whoever fails to pay the tolls as specified shall be ordered to make their overdue payment within a time limit, and may be concurrently fined as per the following rates: for an arrear under RMB 500, a fine of RMB 50 may be imposed; for an arrear between RMB 500 and RMB 2,000, a fine of not less than RMB 100 but not more than RMB 500 may be imposed; for an arrear between RMB 2,000 and RMB 5,000, a fine of not less than RMB 500 but not more than RMB 2,000 may be imposed; for an arrear above RMB 5,000, a fine of not less than RMB 2,000 but not more than RMB 5,000 may be imposed”. Item (3) is amended to: “For those who fail to return their electronic labels as provided shall be ordered to return their electronic labels, and a fine of RMB 300 may be imposed concurrently”. In Item (6), “or a toll agency” is deleted.
17. The former Article 30 is changed to Article 29. In the first paragraph, “or toll labels” is deleted.
18. Several words in the related paragraphs of the original text are amended, and the sequence of articles is adjusted accordingly.
19. This Decision shall come into force as of November 1, 2014. The Measures of Wuhan Municipality for the Administration of Toll Collection on Urban Roads, Bridges and Tunnels Built with Loans (Order No. 210 of Wuhan Municipal People’s Government) shall, after being amended according to this Decision, be promulgated anew.
Measures of Wuhan Municipality for the Administration of Toll Collection on Urban Roads, Bridges and Tunnels Built with Loans
(Promulgated by Order No. 210 of Wuhan Municipal People’s Government on February 25, 2011;
Revised in Accordance with the Decision of Wuhan Municipal People’s Government on Amending the Measures of Wuhan Municipality for the Administration of Toll Collection on Urban Roads, Bridges and Tunnels Built with Loans on September 20, 2014)
Chapter One General Provisions
Article 1 With a view to improving the urban traffic situation of this Municipality, increasing the traffic efficiency, and standardizing the administration of toll collection on urban roads, bridges and tunnels built with loans, these Measures are formulated in accordance with the Regulations on the Administration of Urban Roads (Decree No. 198 of the State Council of the People's Republic of China) and relevant provisions of the Provincial People’s Government and in the light of the actual situation of this Municipality.
Article 2 These Measures are applicable to the administration of toll collection on urban roads, bridges and tunnels built with loans in this Municipality.
Article 3 The municipal department of city administration is the competent administrative department of toll collection. The administrative organizations of toll collection (hereinafter referred to as the toll administrations) are in charge of the specific work in the administration of toll collection.
The relevant municipal departments of transport, public security, pricing and finance shall assist in the implementation of these Measures based on their own functions and duties.
Article 4 The administration of toll collection shall conform to the principle of “collecting tolls according to law, being open and fair, enforcing law in a civilized manner, being convenient to the people and strictly controlling revenue and expenditure”.
Article 5 Tolls shall be paid on urban roads, bridges and tunnels built with loans. Tolls may be paid either by the number of passing or by making a one-off payment for a period of one year in the form of purchasing an annual preferential ticket.
A fixed toll system is applied to passenger taxies registered in Jiang’an, Jianghan, Qiaokou, Hanyang, Wuchang, Qingshan and Hongshan districts as well as Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park of this Municipality. The owners of such motor vehicles shall pay the tolls for the current year prior to March 31 of every year.
Article 6 Toll administrations shall install electronic toll collection systems on the urban roads, bridges and tunnels built with loans, and collect tolls in accordance with the record of the electronic toll collection systems on the passage of motor vehicles.
Article 7 Toll rates shall be consistent with the standards approved by the departments of pricing and finance.
Article 8 Local motor vehicles (except motorcycles) and non-local motor vehicles that have gone through the procedures for regular inspection of motor vehicles in this Municipality shall be installed with electronic labels as specified. Installation of electronic labels on other non-local motor vehicles is not compulsory.
Motor vehicles newly registered in this Municipality shall be installed with electronic labels along with their registration.
Motor vehicles shall be installed with electronic labels free of charge for their first installation. The specific measures for the installation of electronic labels shall be formulated by the toll administrations separately, and shall be implemented when approved by the Municipal People’s Government.
Article 9 Motor vehicle drivers shall use electronic labels correctly in accordance with the instructions. Units or individuals shall not dismantle, damage, destroy or shield and interfere with their electronic labels, or falsely use, counterfeit or lend their electronic labels, or use counterfeit electronic labels.
If an electronic label is damaged, lost or out of operation, the motor vehicle owner shall immediately report the case to the toll administration; the latter shall go through the formalities for re-installation and replace the electronic label for the owner within three work days.
A toll administration may, with consideration of the use conditions of an electronic label, require the motor vehicle owner to replace his/her electronic label at a designated place, while the latter shall go through the relevant formalities as required.
Article 10 The following motor vehicles are exempted from paying tolls:
(1) vehicles with license plates special for military or armed police;
(2) uniform police cars with license plates “J”;
(3) buses and trolley buses;
(4) vehicles providing emergency rescues and disaster reliefs as approved by the competent department of transport under the State Council or the Provincial People’s Government;
(5) vehicles that enjoy the preferential policies of green passage for transporting fresh and live agricultural products; and
(6) other vehicles exempt from paying tolls as provided by the Municipal People’s Government.
Buses and trolley buses shall go through the procedures for exemption from toll collection at the toll administrations and install electronic labels.
Article 11 When a motor vehicle installed with an electronic label is passing through an urban road, bridge or tunnel built with loans, its toll payable is recorded by the electronic toll collection system.
For a motor vehicle paying tolls by the number of its passing, if an advance deposit has been made, tolls shall be debited from the advance deposit by the toll administration. In case of default of payment due to the failure in pre-storing tolls or due to insufficient balance, a vehicle owner shall pay the tolls within 15 days as of the date of default of payment.
For a motor vehicle purchasing an annual preferential ticket, if its tolls payable have added up to the standard amount for an annual preferential ticket within the valid period, no additional tolls shall be collected when it passes through the urban roads, bridges and tunnels built with loans. If its tolls payable have not reached the standard amount for an annual preferential ticket within the valid period, the balance shall be carried forward to the next year.
Motor vehicle owners shall pay the tolls at the toll stations set by or at the banks designated by the toll administrations.
Motor vehicle owners are encouraged to deposit tolls in advance. Discounts shall be given to the motor vehicle owners who deposit a lump sum of toll to a certain amount. The specific measures shall be formulated separately by the toll administrations and shall be implemented after being reported to and approved by the Municipal People’s Government.
Article 12 Where a non-local motor vehicle that has not gone through the procedures for regular inspection in this Municipality passes through an urban road, a bridge or a tunnel built with loans, its toll payable shall be recorded by the electronic toll collection system, and shall be collected by the toll administration at a toll station set up upon approval according to law. Motor vehicle owners shall make up the tolls within 15 days as of the date of default of payment.
Article 13 The toll administrations shall establish and improve the administration systems for toll collection services, standardize their service behaviors, publicize the service contents and processes, establish toll inquiry systems, and provide network and phone services for motor vehicle owners’ inquiry of vehicle passing and toll payment information.
Article 14 Tolls are the administrative charges collected upon the approval of the Provincial People’s Government, which shall be turned over to the municipal treasury in full amount and shall adopt “two-line” administration on revenue and expenditure of administrative fees and penalty and confiscatory income. The toll administrations must use the non-tax income vouchers printed by the provincial department of finance in a unified way and issued by the municipal department of finance for collecting tolls.
Article 15 Tolls are mainly used to pay the principals and interests of loans, fees of maintenance and management of urban roads, bridges and tunnels, as well as administration of toll collection fees. The toll administrations shall establish and improve the financial management system to accept the supervision and inspection from the departments of finance, supervision and audit. The information about annual toll collection, administration and use as well as loan repayment shall be made known to the public prior to the next June 30.
Article 16 The toll stations set up by the toll administrations and toll agencies shall hang their Toll Collection Permits issued by the departments of pricing, place at conspicuous places the toll collection bulletins which shall publicize the approval authorities, competent departments, collection items, collection basis, collection scope,collectionobjects, collection periods and standard, toll agencies and complaint hotlines, and accept the supervision from the society.
Article 17 The toll administrations, the departments of finance, and the collecting banks shall sign a collection agreement. The collecting banks shall collect the tolls in full amount in strict accordance with the collection agreement.
Article 18 When a motor vehicle owner goes through the procedures for registration of a motor vehicle (including registration, transfer, alteration and cancellation, similarly hereinafter), he/she shall go through the procedures for electronic label installation, information alteration and toll payment at the toll administrations.
Before going through the procedures for regular inspection on a motor vehicle, the motor vehicle owner shall go through the procedures for toll payment at the toll administration.
Motor vehicle owners shall return their electronic labels to the toll administrations while going through the formalities for vehicle cancellation.
The toll administrations shall set up toll stations at the places for motor vehicle registration and inspection, so as to help the motor vehicle owners to install electronic labels, alter information and pay tolls.
Article 19 During registration and issuance of the inspection compliance label of a motor vehicle, if the traffic administration under the public security authority finds that the motor vehicle is not installed with an electronic label, or fails to go through the procedures for information changes of its electronic label or to pay the tolls,it shall require the party concerned to go through the procedures for electronic label installation, for information changes or for toll payment at a toll station.
Article 20 The traffic administrations under the public security authorities shall maintain the road traffic order in the areas where the toll stations are located, and shall assist the toll administrations in law enforcement of toll collection.
Where a traffic administration under the public security authority finds any vehicle not installed with an electronic label as provided or other acts in violation of these Measures in its daily administration work, it shall turn the case over to the toll administration timely, and the latter shall handle the case timely according to law.
Article 21 Motor vehicles that pass through the urban roads, bridges and tunnels built with loans shall drive along the specified signs and road markings.
Motor vehicles shall accept the inspection and verification on information about their toll payments at the toll stations.
Article 22 The toll administrations may inspect the electronic label installation and the toll payments of motor vehicles parking in this Municipality, and the drivers and relevant units of motor vehicles inspected shall cooperate and provide relevant valid certificates in such inspections.
For a motor vehicle that has not been installed with an electronic label or has not paid the tolls, the administrative law enforcer of a toll administration shall investigate and deal with the case on the spot. If the case cannot be handled timely or the on-the-spot handling may affect the traffic, the administrative law enforcer may order the driver of the motor vehicle to drive to a designated place to accept the penalty.
Article 23 The toll administrations shall improve their administrative law enforcement teams, strengthen the administration over their administrative law enforcers and standardize their administrative law enforcement behaviors.
The administrative law enforcers of the toll administrations shall, during inspection, wear uniform administrative enforcement logos, produce administrative enforcement certificates, and enforce the law in a civilized and standardized way.
Article 24 The municipal department of city administration shall strengthen the supervision and inspection on the administration of toll collection, standardize the collection and administration acts of the toll administrations, guide the toll administrations to establish and improve all the rules and regulations, and guide and assess the administrative law enforcement work of the toll administrations.
Article 25 The toll administrations shall record the information about toll payments of motor vehicle owners. For those who are in arrears of payment of tolls, the toll administrations shall take proper measures promptly to notify the motor vehicle owners to make their due payments. For those who refuse to pay the tolls, the toll administrations may file applications to the people’s courts for compulsory execution according to law.
Where any motor vehicle owner holds disputes on the amount of tolls collected by a toll administration, he or she may file an application to the toll administration for review. The toll administration shall, within 7 work days as of the date of receiving the application, carry out the review and notify the motor vehicle owner of the result in writing.
Article 26 The credit agencies shall incorporate according to law the information about the toll payments of motor vehicle owners into their credit information systems.
Article 27 Whoever commits any of the following acts in violation of these Measures shall be punished by the toll administrations under the authorization of the municipal department of city administration in accordance with the following provisions:
(1) Whoever fails to install the electronic label as specified shall be ordered to install the electronic label and shallbe imposed a fineof RMB300;
(2) Whoever fails to pay the tolls as specified shall be ordered to make their overdue payment within a time limit, and may be concurrently fined as per the following rates: for an arrear under RMB 500, a fine of RMB 50 may be imposed; for an arrear between RMB 500 and RMB 2,000, a fine of not less than RMB 100 but not more than RMB 500 may be imposed; for an arrear between RMB 2,000 and RMB 5,000, a fine of not less than RMB 500 but not more than RMB 2,000 may be imposed; for an arrear above RMB 5,000, a fine of not less than RMB 2,000 but not more than RMB 5,000 may be imposed;
(3) For those who fail to return their electronic labels as provided shall be ordered to return their electronic labels, and a fine of RMB 300 may be imposed concurrently;
(4) Whoever dismantles, damages, shields or interferes his/her toll label without authorization shall be ordered to make corrections and make a supplementary payment of tolls within a time limit and shall be imposed a fine of less than RMB500 but mot more than 1,000 concurrently;
(5) Whoever falsely uses, counterfeits the electronic label or uses counterfeit electronic labels shall, simultaneously with the falsely used or counterfeit electronic labels being turned over, be ordered to make a supplementary payment of tolls, and shall be imposed a fine of not less than RMB500 but not more than RMB1,000 concurrently; whoever lends the toll label to others shall be imposed a fine of not less than RMB500 but not more than RMB1,000; or For those who falsely uses, counterfeits or uses counterfeit electronic labels, their electronic labels falsely used or counterfeited shall be confiscated, an order of making a supplementary payment of tolls and shall be made, and a fine of not less than RMB500 but not more than RMB1,000 shall be imposed concurrently; whoever lends his/her electronic toll label to others shall be imposed a fine of not less than RMB500 but not more than RMB1,000; and
(6) Whoever fails to accept the inspection and verification by a toll station on his/her toll payment information shall be imposed a fine of RMB200.
Article 28 A motor vehicle which fails to drive along the specified signs and road markings when passing through the urban roads, bridges and tunnels built with loans shall be punished by the traffic administration under the public security authority in accordance with the provisions of the Law of the People’s Republic of China on Road Traffic Safety as well as other laws and regulations.
Article 29 Whoever damages or destroys the toll-collecting facilities, counterfeits, steals, or sells the electronic labels, and constitutes a violation of the rules of the public security administration, shall be punished by the public security authority in accordance with the provisions of the Law of the People’s Republic of China on Penalties for Administration of Public Security; if a crime is constituted, he or she shall be investigated for criminal responsibility according to law.
In case of damage of the toll-collecting facilities, the person responsible shall make compensations for the losses according to law.
Article 30 The toll administrations shall inspect the installation and use of electronic labels and the toll payments regularly, and deal with the acts in violation of these Measures according to law, while the traffic administrations under the public security authorities, the transport departments and the pricing departments shall give their cooperation. Those who refuse or obstruct the administrative law enforcers of the toll administrations in performing their duties according to law, or constitute other acts in violation of the rules of public security administration, shall be punished by the public security authorities in accordance with the provisions of the Law of the People’s Republic of China on Penalties for Administration of Public Security; if a crime is constituted, he or she shall be investigated for criminal responsibility according to law.
Article 31 Where a party concerned under administration is not satisfied with the specific administrative acts of a toll administration, he/she may file an application for administrative reconsideration or file an administrative lawsuit according to law.
Article 32 The toll administrations shall collect tolls in accordance with the provisions strictly. The municipal department of pricing and finance shall strengthen the supervision and inspection on the toll collection acts, and shall investigate and punish the toll collection acts in violation of the provisions in accordance with the provisions of relevant laws and regulations.
Article 33 Administrative functionaries of toll collection who neglect their duties, abuse their power, or commit illegalities for personal gains shall be given administrative penalties according to law; if a crime is constituted, he or she shall be investigated for criminal responsibility according to law.
Article 34 The “local motor vehicles” as mentioned in these Measures refer to the motor vehicles that have been registered in this Municipality.
The “non-local motor vehicles” as mentioned in these Measures refer to the motor vehicles other than those specified in the preceding paragraph.
The “urban roads, bridges and tunnels built with loans” as mentioned in these Measures refer to the roads, bridges and tunnels where tolls shall be collected from the passing motor vehicles as approved by the Provincial People’s Government.
The “electronic label” as mentioned in these Measures refers to the on-board equipment that is used for the electronic toll collection system to identify and record the vehicle access information and can also be used in traffic guidance and vehicle management and other fields.
Article 35 The toll administrations may formulate the detailed rules for implementation of the administration of toll collection in accordance with these Measures, and implement them after being reported to the Municipal People’s Government for approval.
Article 36 These Measures shall come into force as of November 1, 2014.
