Chapter I General Provisions
Chapter II Project Establishment
Chapter III Drafting
Chapter IV Audit
Chapter V Deliberation and Publication
Chapter VI Filing, Amendment, Interpretation and Abolition
Chapter VII Supplementary Provisions
Adopted at the 5th ministerial meeting 11on October 9th, 2006, it is hereby promulgated and shall come into force as of June12007.
Ministry of communications
November 24th, 2006
Chapter I General Provisions
Article 1 In order to standardize the procedures for formulating traffic regulations and ensure the quality of traffic legislation, these Provisions are formulated in accordance with the Legislative Law of People's Republic of China (PRC), the Regulations on Procedures for Formulating Administrative Regulations and the Regulations on Procedures for Formulating Rules.
Article 2 These Provisions shall apply to the establishment, drafting, revision, examination, deliberation, promulgation, filing, interpretation and repeal of traffic regulations.
Article 3 The traffic laws and regulations mentioned in these Provisions refer to the following normative documents drafted, reported and formulated by the Ministry of Communications to adjust highway and waterway traffic matters:
(a) the draft law drafted by the Ministry of Communications shall be submitted to the National People's Congress or its Standing Committee for deliberation after being submitted to the State Council for examination;
(two) the administrative regulations drafted by the Ministry of Communications and submitted to the State Council for deliberation;
(3) Rules jointly formulated by the Ministry of Communications and other departments in the State Council.
Article 4 The formulation of traffic laws and regulations shall follow the following principles:
(a) traffic laws and regulations should implement the line, principles and policies of the party and the state;
(two) the draft law shall not violate the Constitution; The draft administrative regulations shall not violate the Constitution and laws; Rules shall not violate the Constitution, laws, administrative regulations, decisions and orders of the State Council;
(3) Traffic laws and regulations should promote and guarantee the healthy and sustainable development of the transportation industry, and embody and safeguard the fundamental interests of the transportation practitioners and the people.
Article 5 The names of traffic regulations shall be accurate and standardized, and meet the following requirements:
(a) the law is called "law";
(2) Administrative regulations refer to "regulations", "regulations" and "measures";
(3) Regulations are called "Regulations", "Measures", "Detailed Rules", "Detailed Rules for Implementation" and "Measures for Implementation".
Article 6 Traffic laws and regulations should be compiled without complexity, with strict logical structure, clear and specific provisions, accurate and concise language and operability.
Article 7 Traffic laws and regulations are divided into chapters, sections, articles, paragraphs, items and items according to their contents. The serial numbers of chapters, sections and articles are indicated by chinese numerals in turn, and the paragraphs are not numbered. The serial number of the project is indicated by chinese numerals in brackets, and the serial number of the purpose is indicated by Arabic numerals.
In addition to the complex content, the rules are generally divided into chapters and sections.
Article 8 The formulation of traffic laws and regulations shall be under the centralized management of the Legal Department of the Ministry of Communications (hereinafter referred to as the Legal Department). The specific work mainly includes:
(a) to formulate and organize the implementation of the traffic legislative plan and the annual legislative plan;
(2) Coordinating the drafting of traffic regulations;
(three) responsible for the revision and submission of traffic regulations;
(four) responsible for cooperating with the legislature to carry out the review and revision of the draft laws and administrative regulations;
(five) to explain, clean up and abolish the organizational rules;
(six) responsible for the promulgation of traffic laws and regulations;
(seven) responsible for the filing of traffic regulations.
Traffic legislation funds should be included in the fiscal budget.
Chapter II Project Establishment
Article 9 The legal department shall, in accordance with the principles of giving prominence to key points, making overall plans, meeting needs and paying attention to actual results, prepare the legislative plan for this year at the beginning of each year.
Article 10 If all departments of the Ministry of Communications consider it necessary to formulate or revise traffic laws and regulations according to the actual situation of their duties and management, they shall put forward proposals for project establishment to the Legal Affairs Department in the year before the planned year 10.
Other units, social organizations and individuals may also put forward legislative suggestions to the Legal Department of the Ministry of Communications.
Eleventh project proposal involves the responsibilities of multiple departments within the Ministry, the relevant departments can jointly put forward the project proposal; If there are differences on the project proposal, the legal affairs department shall coordinate and make suggestions. Can not reach an agreement, the leadership of the Ministry of decision.
Twelfth the following matters do not belong to the scope of traffic laws and regulations:
(a) the internal management matters and work system of the traffic administrative organ and its subordinate units;
(2) Notice, reply, reply, etc. On specific issues;
(3) Technical standards and specifications, etc. ;
(4) Provisions on wages and allowances;
(5) Matters that need to be kept confidential;
(six) other matters that do not belong to traffic regulations according to the provisions of the legislative law.
Thirteenth project proposals shall include the following contents:
(a) the name of the traffic regulations;
(two) whether the proposed project is newly formulated or revised;
(three) the purpose and necessity of legislation and the main problems to be solved;
(four) the object and scope of legislative adjustment;
(five) the main system to be established;
(6) Legislative agenda;
(seven) the drafting department and the person in charge of the legislative project;
(8) Issuing authority.
The project proposal shall be signed by the main person in charge of the proposal department.
Article 14 The legal department shall, in accordance with the principle of making a legislative plan, conduct a summary study on the project proposal from the following aspects, and prepare the annual legislative plan of the Ministry of Communications:
(a) whether it meets the requirements of the recent and annual central work of the Ministry of Communications;
(two) whether the proposal to formulate traffic laws and administrative regulations meets the requirements of the traffic laws and regulations framework;
(three) whether the legislative matters belong to the category of legislative norms;
(four) whether the laws and regulations are connected with each other and whether the contents overlap;
(5) Whether the legislative time is ripe;
(six) the overall arrangement of the legislative plan is feasible.
Article 15 The legislative plan is divided into one type of legislative project and two types of legislative projects.
A type of legislative project refers to the legislative project that should be completed within the year, that is, the draft laws and administrative regulations are submitted to the State Council within the year, and the rules are published within the year.
The second type of legislative project refers to the legislative project that was studied and drafted in that year and submitted for approval in due course.
Article 16 The legislative plan shall include the following contents:
The name of the legislative project;
(two) the drafting department and the person in charge of the legislative project;
(three) submitted to the legal department of the Ministry of audit time;
(four) the time for submission to the ministerial meeting for deliberation or the State Council for deliberation;
(5) Other contents that need to be specified.
Article 17 The annual legislative plan of the Ministry of Communications shall be submitted to the ministerial meeting of the Ministry of Communications (hereinafter referred to as the ministerial meeting) for deliberation after being audited by the leaders of the competent departments, and shall be issued and implemented as a document of the Ministry of Communications.
The annual legislative plan of the Ministry of Communications is the basis for carrying out the annual legislative work of communications and should be strictly implemented. All departments shall complete the drafting, revision and review within the time specified in the legislative plan. The legal department shall inspect and supervise the implementation of the annual legislative plan, and report regularly.
In the process of implementing the legislative plan, if it is necessary to increase or decrease the legislative items, the relevant departments within the Ministry shall put forward suggestions for changing the legislative plan, consult with the legal department, report to the person in charge of the competent legal department and the person in charge of the business department for approval, and the legal department shall adjust the legislative plan.
Chapter III Drafting
Eighteenth traffic regulations shall be drafted by the drafting department stipulated in the legislative plan. If it needs to be drafted jointly with the relevant ministries and commissions, it shall coordinate the drafting work of the relevant ministries and commissions.
When drafting traffic regulations, you can invite relevant organizations and experts to participate, or you can entrust them to draft.
Article 19 The drafting of traffic regulations shall follow the legislative principles determined by the legislative law, conform to the provisions of the Constitution and laws, and meet the following requirements:
(a) reflect the spirit of reform, scientifically standardize administrative behavior, and promote the transformation of government functions to economic regulation, market supervision, social management and public services;
(two) in line with the principle of simplification, unification and efficiency, simplify administrative procedures;
(three) to effectively protect the legitimate rights and interests of citizens, legal persons and other organizations, and at the same time stipulate their obligations, they should stipulate their corresponding rights and ways to guarantee the realization of rights;
(4) To embody the principle of unifying the functions and powers of administrative organs and stipulate the conditions, procedures and responsibilities for exercising the functions and powers while giving the administrative organs the necessary functions and powers;
(five) reflect the objective laws of the development and management of the transportation industry;
(six) the matters stipulated in the rules shall not exceed the statutory functions of the Ministry of communications;
(seven) meet the technical requirements of legislation.
Twentieth the drafting department shall implement the responsible personnel or set up a drafting group according to the needs, formulate the drafting work plan, and timely inform the legal department of the relevant situation in the drafting process.
Twenty-first legal departments can intervene in the drafting of traffic regulations in advance, keep abreast of the drafting of traffic regulations, and assist the drafting departments to coordinate and solve problems in the drafting process.
Article 22 When drafting traffic laws and regulations, we should conduct in-depth investigation and study, sum up practical experience, and extensively solicit opinions from relevant organs, organizations and citizens. Soliciting opinions can take various forms such as written soliciting opinions, symposiums, argumentation meetings and hearings.
The drafting of traffic regulations shall solicit the opinions of the provincial transportation departments in writing.
Twenty-third need to hold a hearing, shall be organized in accordance with the following procedures:
(a) the hearing shall be held in public, and the drafting department shall announce the time, place and content of the hearing 30 days before the hearing is held;
(two) through public registration, invitation and other forms to determine the relevant organs, organizations and citizens to participate in the hearing;
(three) the relevant organs, organizations and citizens who participated in the hearing have the right to ask questions and express their opinions on the draft traffic regulations;
(four) the hearing shall make a record, truthfully record the main views and reasons of the speaker;
(five) the drafting department shall carefully study the opinions reflected in the hearing, and explain the handling opinions and reasons in the drafting instructions.
Article 24 If the traffic regulations drafted directly concern the vital interests of citizens, legal persons or other organizations, and the relevant organs, organizations or citizens have major differences of opinion on them, the drafting department shall publicize them to the public, solicit opinions from all walks of life, or hold a hearing.
The drafting department shall carefully study the opinions reflected in all aspects of society and the hearing, and explain the handling of opinions and reasons in the drafting instructions.
Twenty-fifth traffic regulations involving major technical management issues, the drafting department shall solicit the opinions of the chief engineer of the Ministry of communications, and explain the handling of relevant opinions and reasons in the drafting instructions.
Twenty-sixth traffic regulations involving the responsibilities of multiple departments or closely related to other departments, the drafting department shall solicit the opinions of the relevant departments. If no agreement can be reached through full consultation, the drafting department shall explain the situation in the drafting instructions.
Article 27 The drafting department shall prepare drafting instructions. The drafting instructions shall include the following contents:
(a) the purpose and necessity of legislation;
(2) legislative basis;
(3) the drafting process;
(four) the situation of soliciting opinions, the main opinions and the handling and coordination;
(five) the description of the establishment and provisions of administrative licensing matters;
(6) An explanation of the established major systems and major clauses;
(seven) other contents that need to be explained.
Twenty-eighth the drafting department shall complete the drafting work according to the schedule determined by the legislative plan, form a draft, and send it to the legal department for review on time.
The manuscript should be signed by the main person in charge of the drafting department; Involved in the duties of other departments within the Ministry, should be sent to the relevant departments to sign before the trial; Manuscripts jointly drafted by several departments shall be signed by the principal responsible persons of several departments.
Article 29 When the drafting department sends the manuscript to the legal department for review, it shall submit the drafting instructions and other relevant materials together.
Other relevant materials mainly include summary opinions, research reports, transcripts of hearings, domestic and foreign legislative materials, etc.
Chapter IV Audit
Thirtieth draft by the legal department is responsible for the review and revision.
Thirty-first legal departments mainly review the manuscript from the following aspects:
(a) whether the submitted materials are complete and meet the requirements of these Provisions;
(2) Whether it complies with the provisions of Articles 4 and 19 of these Provisions;
(three) whether it is connected and coordinated with relevant laws and regulations;
(four) whether the opinions of the relevant parties have been solicited and the main opinions have been put forward, and whether the relevant opinions are correct and reasonable;
(five) whether the different opinions have been fully coordinated and put forward, and whether the relevant opinions are correct and reasonable;
(six) whether it meets the technical requirements of legislation;
(seven) whether it is feasible and operable;
(eight) whether it meets other relevant requirements of these Provisions.
Article 32 In any of the following circumstances, the legal department may return the draft to the drafting department:
(a) the materials submitted are incomplete or inconsistent with the provisions;
(two) the lack of legislative basis or conflict with the superior law;
(three) the drafting department did not seek the opinions of the relevant departments on controversial issues or the relevant departments had great disputes over the main systems stipulated;
(four) the main content is seriously divorced from reality or lack of operability;
(five) there are major defects in the legislative technology, which need to be comprehensively adjusted and revised;
(6) The draft does not conform to the provisions of Articles 4, 19 and 28.
After the returned manuscript is improved by the drafting department according to the requirements, it shall be submitted to the legal department for review in accordance with the prescribed procedures.
Thirty-third legal departments can solicit opinions from relevant departments on the main issues involved in the draft; Involved in the duties of other ministries and commissions in the State Council or closely related to them, you can solicit the opinions of the relevant ministries and commissions; Involving major problems, it should be held by the relevant units and experts to participate in the symposium, demonstration meeting, listen to opinions, research and demonstration.
Thirty-fourth legal departments can go deep into the grassroots, conduct on-the-spot investigation and study on the main issues involved in the draft, and listen to the opinions of relevant organs, organizations and citizens at the grassroots level.
Article 35 If the draft directly concerns the vital interests of citizens, legal persons or other organizations, and the relevant organs, organizations or citizens have major differences of opinion on it, and the drafting department has not publicly solicited opinions or held a hearing in the drafting process, the legal department may openly solicit opinions or hold a hearing.
If it is necessary to hold a hearing, it shall be conducted in accordance with the procedures stipulated in Article 23 of these Provisions.
Article 36 The legal affairs department shall seek the opinions of the Legal Expert Advisory Committee of the Ministry of Communications on the important legal issues in the draft.
The legal affairs department shall comprehensively and objectively sort out the expert opinions and put forward suggestions for handling them.
Thirty-seventh relevant departments have different opinions on the management system, division of responsibilities, main management system and other contents in the manuscript, and the legal department shall organize relevant departments to coordinate and strive to reach an agreement; If no agreement can be reached, the main issues of the dispute, opinions of all parties and suggestions for handling shall be reported to the leaders of the competent department for decision.
Article 38 The legal department shall carefully study the opinions of all parties, revise the draft after consultation with the drafting department, form a revised draft of traffic regulations, and prepare an audit report.
Article 39 The revised traffic regulations and audit report submitted for deliberation shall be signed by the principal responsible person of the legal department, sent to the drafting department and relevant departments for countersignature in accordance with relevant regulations, and reported to the leaders of relevant departments for audit.
The revised draft traffic regulations submitted for deliberation shall be submitted to the ministerial meeting for deliberation after being examined and approved by the leaders of the Ministry.
Chapter V Deliberation and Publication
Fortieth traffic regulations submitted for examination and revision shall be considered by the ministerial meeting.
When the executive meeting considers the manuscript, the main person in charge of the legal department shall explain the manuscript.
Article 41 The revised draft regulations deliberated and adopted by the executive meeting shall be signed by the Minister and promulgated by order of the Ministry of Communications.
The regulations jointly formulated by the Ministry of Communications and other ministries and commissions in the State Council shall be signed by the Minister of Communications and the leaders of other ministries and commissions in the State Council after being examined and approved by the ministerial meeting, and issued in the form of ministerial orders, using the serial number of the Ministry of Communications.
The revised draft laws and administrative regulations deliberated and adopted by the executive meeting shall be signed by the minister and submitted to the State Council for examination in the form of documents of the Ministry of Communications. In the process of deliberation and revision by the National People's Congress and the State Council, the legal department shall coordinate with relevant departments.
Article 42 The revised draft of traffic regulations that have not been deliberated and adopted by the ministerial meeting shall be revised and improved by the legal department in conjunction with relevant departments according to the requirements of the ministerial meeting, and then submitted to the leaders of the Ministry for decision whether to submit it to the ministerial meeting for deliberation and adoption again.
Forty-third regulations issued orders shall specify the formulation organ, serial number, name of the regulations, date of adoption, date of implementation, date of promulgation, signatory and other contents.
Article 44 After the promulgation, the regulations shall be published in the State Council Gazette, China Traffic News and the government website of the Ministry of Communications.
The texts of laws and regulations published in the State Council Gazette are standard texts.
Article 45 These Regulations shall come into force 30 days after the date of promulgation, but it involves national security. If it will hinder the implementation of these Regulations if it is not implemented immediately after promulgation, it may come into force as of the date of promulgation.
Chapter VI Filing, Amendment, Interpretation and Abolition
Forty-sixth rules should be published within 30 days, by the legal department in accordance with the relevant provisions of the the State Council for the record.
Article 47 In any of the following circumstances, the traffic rules shall be revised:
(1) Violating or contradicting the superior law;
(2) Contradictions with the parity law;
(3) Significant changes have taken place in the legislative background, and the contents of traffic regulations have not adapted to the needs of the situation;
(4) Other circumstances that should be revised.
Revise the procedures for formulating traffic regulations.
Article 48 The power to interpret these Rules belongs to the Ministry of Communications. The interpretation of rules and regulations has the same effect.
In any of the following circumstances, the regulations shall be interpreted:
(a) the specific meaning of the rules itself needs to be further clarified;
(two) after the formulation of the rules, there are new situations that need to be clearly applied.
Article 49 The interpretation of rules shall be drafted by the original drafting department, and reviewed and revised by the legal department in accordance with the rules review procedures; Or drafted by the legal affairs department to solicit opinions from relevant departments. The interpretation of rules and regulations, after being approved by the leaders of the Ministry, shall be submitted to the Ministry for deliberation or published in the form of documents of the Ministry of Communications.
Fiftieth rules shall be abolished in any of the following circumstances:
(a) the prescribed matters have been completed, or it is no longer necessary to continue to be implemented due to changes in circumstances;
(two) due to the abolition or amendment of relevant laws and administrative regulations, the legislative basis has been lost;
(3) Violating newly promulgated laws and administrative regulations;
(four) the same matter has been replaced by the newly promulgated regulations, which have lost their significance;
(five) the implementation period stipulated in these rules expires;
(6) Other circumstances that should be abolished.
Article 51 The repeal of rules shall be under the centralized management of the legal affairs department.
The abolition of rules can be proposed by the relevant departments within the Ministry and the provincial department in charge of transportation to the legal department, or directly by the legal department.
Article 52 Except for the circumstances specified in Item (5) of Article 50, the repeal of regulations shall be deliberated and decided by the ministerial meeting and published in the form of a ministerial order.
Chapter VII Supplementary Provisions
Fifty-third rules of the clean-up work by the legal department unified organization and implementation.
Article 54 The transportation authorities responsible for drafting and formulating local traffic laws and government regulations shall solicit the opinions of the Ministry of Communications during the drafting process.
Local traffic regulations and government regulations shall be submitted to the Ministry of Communications in ten copies within 30 days from the date of promulgation.
Article 55 These Provisions shall come into force on June 6+1October 6+1October 6, 2007. The Provisions on Procedures for Formulating Traffic Regulations (Order No.38 of the Ministry of Communications 1992) shall be abolished at the same time.