Regulations of Tianjin Muncipality on Rail Traffic Control

Decree of Tianjin Municipal People’s Government

No. 101

The Regulations of Tianjin Municipality on Rail Traffic Control was adopted at the 70th Executive Meeting of the Municipal People’s Governmment on 24 April 2006 and is hereby promulgated. These Regulations shall go into effect as from 1 June 2006.

Dai Xianglong, Mayor

28 April 2006

Regulations of Tianjin Muncipality on Rail Traffic Control

Chapter I General Provisions

Article 1 These Regulations are enacted in accordance with relevant State regulations and the actual situation of this Municipality with the aim of tightening rail traffic control of this Municipality, guaranteeing safety and order in operation, safeguarding the legitimate rights and interests of the rail traffic operating unit and passengers.

Article 2 The term “rail traffic” mentioned in these Regulations refers to the public rail transit system including the metro and elevated light rail.

The term “rail traffic facilities” mentioned in these Regulations refers to tracks, tunnels, elevated tracks, road base, stations (including the entrance, passages and ventilating pavilions), rolling stock, machinery and electric equipment, telecommunications and signal systems, electric cables, power supply systems and its subsidiary facilities and equipment, and other related facilities and equipment installed for facilitating rail traffic operation.

Article 3 These Regulations apply to the planning, construction, operation, facility protection and other related management activities of rail traffic within the areas under the administration of this Municipality.

Article 4 The Municipal construction administrative department is the competent department for rail traffic administration and is charged with the implementing of these Regulations.

The public security organ is in charge of public security control of rail traffic in this Municipality, of maintaining public order and fighting against terrorism.

The administrative departments of planning, land, development and reform, fire fighting, cityscape, public health, environmental protection and relevant district and county people’s governments shall assist the rail traffic administration within their respective duties and responsibilities.

Chapter II Administration of Planning and Construction

Article 5 The special plan designed for rail transit in this Municipality shall be worked out by the Municipal planning department in collaboration with the Municipal department for development and reform in accordance with the Municipal national economic and social development plan. The construction plan of the rail transit shall be worked out by the Municipal competent department for construction administration based on the special plan designed for rail transit in this Municipality. The special plan and the construction plan designed for rail transit in this Municipality shall be sent to the Municipal People’s Government for examination and approval.

The department concerned shall, in working out the special plan and construction plan designed for rail transit, solicit opinions of the district and county people’s governments, parties concerned, specialists and citizens, make a scientific arrangement for easy connection between rail transit routes, between rail transit routes and other public transit systems.

Article 6 The land set aside in the city plan for rail transit shall not be put to other uses unless it is so adjusted through legal procedures.

Where the rail transit construction uses the space beneath the land, it shall not be restricted by the ownership of the land above.

Article 7 The Municipal planning competent department shall, in accordance with the special plan and construction plan designed for rail transit, and with passenger volume and the need of the transfer passengers, and with the conditions of the land, set aside land for the purpose of constructing public transit interchange hubs and parking lots for motorized and non-motorized vehicles and public washrooms, and the land shall not be used for other purposes unless so adjusted through legal procedures.

Article 8 The fund for rail transit construction shall be raised through different channels and by various means. International and domestic enterprises and other organizations are encouraged to invest in the construction and operation of rail transit.

Article 9 Measures shall be taken in rail transit projects to prevent and reduce the impact on the existing buildings and structures above and in the vicinity of rail lines to ensure their safety.

Article 10 The survey, design, constructing, monitoring of rail transit projects shall conform to the State and Municipal design norms and technical standards.

The survey, design, constructing, monitoring of rail transit projects shall be undertaken by units with corresponding qualifications through bidding.

Article 11 When a rail transit project is completed, an initial checkup shall be conducted. The project that passes the check may begin test running. The project that passes the test running and is up to the standard for operation may begin trial operation. The project that passes the trial operation shall be subject to acceptance check in accordance with the provisions of the State. The project shall not go into formal operation until it passes the examination and acceptance check.

Article 12 It is forbidden to erect buildings or structures or plant trees in the inner side of the curve of rail transit lines that obstruct the view of the engine driver.

Chapter III Operation Administration

Article 13 The operating unit of rail transit shall provide service in accordance with the State and Municipal standards, institute and improve safe operation systems and safe operation norms to ensure the normal and safe operation of rail transit.

The rail transit operating unit must not suspend or terminate operation and service without the approval of the Municipal competent department for construction administration.

Article 14 The operating unit of rail transit shall, in accordance with relevant regulations on firefight administration and accident rescue, keep in good shape the firefight, flood prevention, protective devices, early warning system and rescue equipment installed in the rail transit facilities and maintain normal functioning of electronic monitors.

Article 15 The operating unit of rail transit shall conduct a regular check on the operating and service equipment, timely maintain and replace the equipment to ensure the rail transit facilities in a condition capable of safe operation, keep the ticket office, ticket inspection, escalator, rolling stock, ventilation and lighting facilities in good shape, keep the stations and coaches clean and tidy, ensure the entrance and passageways unobstructed and the signals clear and eye-catching.

The operating unit of rail transit shall install dustbins and other service facilities at the station. The advertisements at the station and on the coaches shall be law abiding, standardized, and tidy without offensive contents.

Article 16 The operating unit shall make arrangements to place the key parts and equipment under constant surveillance, work out and implement measures for safe operation and entrust safety evaluation on rail transit to qualified safety evaluation institutions in accordance with the regulations of the Municipal competent department for construction administration.

In the wake of an earthquake and fire and other disasters the operating unit for rail transit shall conduct a safety check on the rail transit system and shall not resume operation until it passes the safety check.

Article 17 The operating unit shall, on a regular basis, conduct safety education and training among the employees to guarantee that the employees be equipped with minimum knowledge on operating safety, familiar with the safety operating system and safety operating norms, and master the skills for operation safety at their posts.

Article 18 The operating unit shall post notices at a conspicuous place about the running time for the first and last train, arrival time of the next train and information of transfer to other lines. Where it is necessary to readjust the timetable for the first and last train, the operator shall make it public through the media or by other effective measures.

Article 19 In determining and readjusting the fare for rail transit the Municipal competent department for construction administration shall work out a plan and the Municipal pricing administration shall call a hearing to solicit opinions from a wide audience and submit the plan to the Municipal People’s Government for approval.

The operating unit of rail transit shall implement the ticket price sanctioned by the Municipal People’s Government and announce it to the public.

Article 20 Passengers shall ride the train with a valid ticket and abide by the regulations concerning ticket administration.

Passengers shall subject themselves to the administration of the employees of the operating unit of rail transit, wait for train in the safe zone, do not touch the train door in the process of its opening and closing, enter after the passengers on board exit and vacate the train when it reaches the terminal station.

Passengers shall use in a proper way the escalator, automatic ticket selling and inspecting machine, automatic money convertor and other related facilities and equipment at the station. Anyone that causes damage to these facilities shall be subject to compensation in accordance with the law.

Article 21 Within the area of installed rail transit facilities it is prohibited to commit the following acts:

(1) Stopping and blocking a train;

(2) Forced entry and exit;

(3) Entry into the tracks, tunnels and other areas out limits to passengers;

(4) Climbing, crossing over the elevated tracks, protecting walls, fences, protecting nets, doors, safety exits and other facilities;

(5) Entry into the station and riding the train by drunkards, patients inflicted with infectious diseases, unaccompanied lunatics or others whose health conditions endanger others;

(6) Entry into the station and riding the train carrying animals, inflated balloons, articles that pollute and smell, and other articles fragile or with sharp edges without packages;

(7) Smoking at the station or in the train coaches, spitting, urinating, throwing gum ends, fruit shells, scraps of paper and other litters;

(8) Throwing odds and ends and garbage into the rail transit areas;

(9) Begging, sleeping on or stamping on the seats at the station or in the train coaches;

(10) Scribbling, carving or posting bills without authorization;

(11) Parking vehicles, piling odds and ends at the station, platform, waiting hall, entry and exit passages or setting up stalls, performing or selling merchandise at these places;

(12) Shooting films, TV plays and advertisements without the prior authorization of the operating unit of rail transit; and

(13) Other acts that endanger the operation of rail transit and the safety of passengers.

Article 22 It is prohibited for passengers to carry inflammables and explosive, toxic and radioactive, and corrosive dangerous articles into the station and ride the train.

The operating unit of rail transit is entitled to conduct safety inspection of the passengers’ carry-on articles, to stop the passengers from entering or to order them out of the station that are carrying dangerous articles that endanger public safety. Any passengers that make forced entry or refuse to leave shall be dealt with by the public security organ according to the law.

Article 23 Where a train develops a technical breakdown that obstructs running in the rail transit, the operating unit of rail transit shall clear away the breakdown and resume running. Where it is impossible to resume running immediately, the operating unit of rail transit shall organize the evacuation of passengers in a proper way and the passenger shall not continue to stay in the train couches or at stations.

Article 24 The Municipal competent department for construction administration and the operating unit of rail transit shall install a complaint system by which to accept complaints from passengers.

The operating unit of rail transit shall make timely reply to passengers’ complaints. Where investigations are needed, the response shall be made within 10 workdays as from the date when the complaint is accepted. Where the passenger refuses to accept the reply, he may lodge a complaint with the Municipal competent department for construction administration, shall make a reply within 10 workdays as from the date when the complaint is accepted.

Article 25 The power, telecommunications, water supply and other related departments shall guarantee the power and water supply and telecommunications that are required by normal operation of rail transit.

Chapter IV Protection of Facilities

Article 26 The rail transit shall set up a safety protection zone in accordance with the following limits:

(1) 50 meters extending from and around the underground stations and tunnels;

(2) 30 meters extending from the ground, elevated stations and the outer rail track;

(3) 10 meters extending from the outer line of the constructions and structures in the form of entry and exit, ventilation pavilion, and transformer substation;

Article 27 It is prohibited to conduct the following acts in the vertical projected area formed by the elevated track of rail transit:

(1) Parking motorized vehicles and piling machinery equipment;

(2) Piling up goods, odds and ends; and

(3) Enclosing and occupying land without authorizaion;

Article 28 It is prohibited to conduct the flowing acts that sabotage rail transit equipment:

(1) Using emergency devices in a non-emergency situation;

(2) Sabotaging trains, tunnels, tracks, road base and stations;

(3) Damaging or interfering with the protective monitoring equipment, electromechanical equipment, cables, the telecommunications signal system and power supply system;

(4) Soiling and damaging safety, firefight, evacuation directives and station signs;

(5) Drilling or punching in the bridge piers or bridge; installing electric lines or other weight bearing ropes without authorization; and

(6) Other acts that damage rail transit installations.

Article 29 Where one carries out the following operations within the safety protection zone for rail transit, he shall apply to the Municipal competent department for construction administration and submit an operation plan, safety protection plan and a written approval from the operating unit of rail transit:

(1) Newly constructing, expanding, renovating or demolishing buildings or structures;

(2) Laying or hanging pipe lines, digging, exploding, cementing base, well drilling or installing equipment by mechanical cranes;

(3) Digging or dredging the river that has a rail track underneath; and

(4) Other acts involving a great amount of increase or decrease of weight.

The Municipal competent department for construction administration shall make a decision of approval or rejection within 20 days from the date of acceptance of the application and at the same time inform the operating unit of rail transit of the decision. Where necessary, the Municipal competent department for construction administration may make arrangements for experts to conduct a technical discussion on the application.

Chapter V Emergency and Accident Handling

Article 30 The Municipal competent department for construction administration shall, in collaboration with other related departments, work out an emergency response plan for rail transit and submit it to the Municipal People’s Government for approval.

The operating unit of rail transit shall work out an initial emergency response plan and submit it to the Municipal competent department of construction administration, the public security department and other related departments to be filed on the record.

The operating unit of rail transit shall set up a rescue team, be equipped with rescue equipment and facilities and conduct drills on a routine basis.

Article 31 Where natural disasters, security accidents, terrorist activities or other emergencies occur, the operating unit of rail transit shall, in accordance with the initial emergency response plan, organize evacuation, danger elimination, rescue and other emergency operations and shall report the event to the related department according to regulations. The department concerned shall, in accordance with the emergency response plan for rail transit take prompt measures to deal with the accident.

Article 32 Where casualties occur in the operation of rail transit, the operating unit of rail transit shall make timely report to the related department according to the regulations and act on the principles of giving priority to rescuing the wounded, protecting the scene, maintaining order and restoring normal operation before the accident is handled. No unit or individual shall obstruct the normal operation of rail transit. The public security organ shall make a timely survey and inspection of the scene, handle the remains of the deceased in the accident according to the law and produce a conclusion on the accident and an assessment on the examination of the wounded and the deceased.

Article 33 Where a sharp increase of passenger volume poses a threat to operation safety, the operating unit of rail transit shall make timely readjustments of the running schedule. Where it is impossible to make readjustments or no obvious diversion of the passengers occurs after such readjustments, the operating unit of rail transit shall take temporary measures to restrict the passenger volume and facilitate the passengers to make connection to buses and taxis so as to ensure the safety in operation.

Article 34 Where natural disasters, bad weather conditions or emergencies occur that greatly affect safety of rail transit and moreover, and it is impossible to take measures to guarantee operation safety, the operating unit of rail transit may temporarily suspend train running of an entire route or sections of the route. In such a case, the operating unit of rail transit shall report its decision to the Municipal competent department to be filed on the record and make a timely announcement to the public.

Chapter VI Legal Responsibilities

Article 35 Where the operating unit of rail transit, in violation of Articles 13, 14, 15, 16 and 18 of these Regulations, the Municipal competent department for construction administration shall order it to make corrections within a definite period of time. Where the former refuses to make corrections when the valid time expires, the latter shall impose a fine of not less than 1,000 yuan but not more than 30,000 yuan .

Article 36 Where the operating unit of rail transit, in violation of Paragraph 2 of Article 19, fails to sell tickets at the price sanctioned by the Municipal People’s Government, the pricing administrative department shall penalize it in accordance with relevant regulations.

Article 37 Where anyone violates Article 21 of these Regulations the operating unit of rail transit is entitled to stop the act. Where the person concerned refuses to make corrections the Municipal competent department for construction administration shall penalize him with a fine of not less than 50 yuan but not more than 5,000 yuan.

Article 38 For anyone that violates Paragraph 1 of Article 22 of these Regulations, the Municipal competent department for construction administration shall order him to make corrections. Where the former refuses to make corrections, the latter may impose a fine of not less than 100 yuan but not more than 5,000 yuan thereupon.

Article 39 Where anyone violates Items (1) and (2) of Article 27 of these Regulations, the district or county joint law enforcement institutions or the cityscape administrative department shall order him to make corrections within a definite period of time. Where the former refuses to make corrections when the valid time expires, the latter shall impose a fine of not less than 100 yuan but not more than 10,000 yuan thereupon and may demolish the said structure involved by force.

Where anyone violates Item (3) of Article 27 of these Regulations, the competent department of land administration shall order him to make corrections. Where the former refuses to make corrections when the valid time expires, the latter shall impose a fine of not less than 1,000 yuan but not more than 30,000 yuan and demolish the said structures by force.

Article 40 Where anyone violates Article 28 of these Regulations the Municipal competent department for construction administration shall order him to make corrections within a definite period of time. Where the former refuses to make corrections when the valid time expires, the latter may impose a fine of not less than 500 yuan but not more than 30,000 yuan. Where the rail transit facilities are damaged, the latter shall compensate according to the law.

Article 41 Where anyone, in violation of Article 29 of these Regulations, engages in operation without authorization, the Municipal competent department for construction administration shall order him to stop operation and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.

Article 42 Where anyone refuses or obstructs the employees of the rail transit administrative department from performing their law-based duties, disrupts operation order of rail transit, harms rail transit safety, damages or destroys rail transit facilities that constitute a violation of the regulations of public security administration, the public security organ shall penalize him according to the law. Where the act constitutes a crime the public security organ shall investigate the case for criminal responsibilities.

Article 43 The acts prohibited by these Regulations shall be made public at a conspicuous place. The Municipal competent department for construction administration may entrust the rail transit administration with imposement of administrative sanctions against acts that violate these Regulations.

Chapter VII Supplementary Provisions

Article 44 The standards for rail transit service and pricing regulations for rail transit tickets shall be decided by the Municipal competent department for construction administration.

Article 45 These Regulations shall go into effect as from 1 June 2006.