No. 285 Order of Wuhan Municipal People’s Government

It is hereby promulgated that the Interim Measures of Wuhan Municipality for the Administration of Trams have been adopted at the 48th Executive Meeting of Wuhan Municipal Peoples Government on February 5, 2018, and shall be implemented as of April 1, 2018. 

  

Mayor: Wan Yong 

 February 23, 2018 

  

 

Interim Measures of Wuhan Municipality for the Administration of Trams 

  

Chapter One   General Provisions 

Article 1   With a view to standardizing the administration of trams, promoting their planning and construction, and ensuring their operation safety, these Measures are formulated in accordance with the provisions of relevant laws and regulations, and in the light of the actual situation of this Municipality.  

Article 2   These Measures are applicable to the planning, construction and operation of trams within the administrative areas of this Municipality. 

The term "trams" as used in these Measures refers to power-driven public vehicles with small or medium passenger capacity that run along rails and are compatible with ground roads. 

Article 3   The administration of trams shall follow the principles of unified planning, standardized operation, signal priority, and safety and convenience. 

Article 4   The Municipal People's Government is responsible for exercising overall planning and coordination over the major matters in the administration of trams within the administrative areas of this Municipality. 

The peoples governments at the district level (incl. the administrative committee of Wuhan East Lake High-tech Development Zone, the administrative committee of Wuhan Economic and Technological Development Zone, and the administrative committee of Wuhan East Lake Eco-tourism Scenic Spot, the same below) are responsible for organizing and implementing the planning, construction and operation of trams within their respective districts. 

The departments of transport are responsible for the comprehensive coordination of tram management and the supervision and administration of tram operation. The departments of development and reform are responsible for the administration of project approval of trams. The departments of land and planning are responsible for the administration of land use and planning of trams. The departments of urban and rural construction are responsible for the supervision and administration of tram construction. The public security organs are responsible for the administration of the road traffic safety and security order of trams.  

The departments of finance, urban management and work safety are responsible for the tram-related administration in line of their respective functions. 

Article 5   The tram developers and operators determined by the Municipal People's Government and the peoples governments at the district level according to law are responsible for the construction and operation of trams respectively. 

Article 6   The tram developers and operators may, within the land to be used for trams as determined in the urban planning, make comprehensive use of the supporting commercial and advertising resources according to law, and the gains obtained therefrom shall be used exclusively for the construction and operation of trams. 

  

Chapter Two   Planning and Construction 

Article 7   The municipal department of transport shall, together with the municipal departments of land and planning, development and reform, and urban and rural construction, as well as the relevant people's governments at the district level, organize the formulation of special plans for trams in the light of the actual economic and social development of this Municipality and with a prudent attitude towards development, and shall promulgate the plans for implementation after obtaining the approval of the Municipal People's Government. 

The special plans for trams shall conform to the overall urban planning and the overall land use planning, and be connected with the planning of railways, highways, urban roads and urban public transport. 

An approved special plan for trams shall not be changed without authorization. If such change is really necessary, the former procedures for approval shall be gone through again for such change. 

Article 8   The departments of land and planning shall, in accordance with the special plans for trams, control the land for such facilities as tramlines, stations, depots and transformer substations, as well as the land for supporting transfer junctions. 

Article 9   Tram projects shall be carried out in accordance with the specified procedures for capital construction, and their investigation, design, construction and supervision shall comply with the relevant laws, regulations and rules, as well as the relevant technical standards and codes. 

Article 10   The traffic administration under the municipal public security organ shall, jointly with the municipal department of transport and other departments, organize the formulation of the codes for the installation of traffic safety facilities for trams and incorporate them into the municipal technical guidelines for the installation of traffic management facilities. 

During the construction, reconstruction and extension of tramlines, traffic safety facilities such as traffic lights, traffic signs, traffic marking and electronic monitoring shall be planned, designed, constructed and accepted in accordance with the stipulated standards and codes. The traffic administrations under the public security organs shall participate in the planning, design, construction and acceptance of relevant traffic safety facilities. 

Special traffic safety facilities for trams shall, after their completion and acceptance, be maintained and managed by the tram operators. Other traffic safety facilities shall, after their completion and acceptance, be turned over to the traffic administrations under the public security organs for maintenance and management. 

Article 11   After completion of a tram project, the developer shall organize its acceptance in accordance with the design standards, the codes and the relevant provisions of the State. After the acceptance is passed, the tram operator shall organize a commissioning for not less than 90 days. Before organizing a commissioning, the tram operator shall report to the municipal department of transport and the traffic administration under the municipal public security organ, and make arrangements in accordance with their opinions . 

Article 12   After completion of the commissioning, the municipal department of transport shall organize the evaluation of the basic conditions for trial operation. If the evaluation is passed, a tram operator may carry out a trial operation for not less than one year. The traffic administration under the municipal public security organ shall participate in the evaluation of the basic conditions for trial operation. 

Only when a tram has passed the acceptance of trial operation can it be delivered for formal operation. 

  

Chapter Three   Operational Management 

Article 13   A tram operator shall establish an operation management system to exercise regular inspections over and maintenance of trams, stations and related facilities, so as to ensure their normal operation and safe uses. 

The entities of power supply, communications, water supply and sewerage as well as other relevant entities shall give their assistance to ensure the normal operation of trams. 

Article 14   A tram operator shall, in accordance with the requirements of the department of transport and the traffic administration under the public security organ, establish and improve its operation service information system, provide the public with corresponding information services, and transfer the relevant data to the management information system of the department of transport and the traffic administration under the public security organ. 

Article 15   The municipal department of transport shall formulate the service specifications and riding rules for trams. 

A tram operator shall publicize its service commitments in accordance with the service specifications, so as to ensure its service quality. 

An assessment system for the service quality of trams shall be established. The service quality of trams running within a district shall be assessed by the department of transport of the corresponding district, and the service quality of trams running across different districts shall be assessed by the municipal department of transport. 

Article 16   A tram operator shall display in the prominent positions of stations the running time of the first and last trams, the prompts on running status and the transfer instructions. Any delay of a tram or adjustment of the running time of the first and last trams for some reason shall be announced in time. 

Article 17   Exclusive tram lanes shall be set with special lane signs, no-entry signs and lane barriers; non-exclusive tram lanes shall be set with signal lights, stop lines and no-parking lines specially for trams. 

Article 18   A tram driver shall strictly abide by the following traffic rules: 

(1) driving as instructed by the traffic signals and obeying the command of traffic police where there is traffic police; 

(2) driving without exceeding the maximum speed limit provided by the traffic administrations under the public security organs; and 

(3) not allowing passengers to get on or off outside the station platforms except for emergency conditions. 

Article 19   The following acts endangering the safety of tram operation are prohibited: 

(1) entering the exclusive tram lanes without authorization; 

(2) staying in the lanes of trams without authorization; 

(3) stacking materials, setting up stalls, erecting obstacles, carrying or placing inflammable, explosive, toxic, harmful or dangerous goods in lanes, stations, entry and exit passages or other relevant areas; 

(4) damaging or operating without authorization the facilities and equipment of trams or affecting their normal use; 

(5) using emergency safety devices in non-emergency situations; 

(6) forcibly intercepting or climbing trams; 

(7) crossing, climbing, reclining, damaging or moving the separation facilities of tramlines; 

(8) disturbing the radio communication frequency bands dedicated for trams; 

(9) throwing sundries into tramlines; and 

(10) other acts that endanger the safety of tram operation. 

Article 20   Trams shall conform to relevant technical standards and codes, and be allowed to travel on roads after they have been put on record by the traffic administrations under the public security organs only . 

A tram driver shall obtain the driving license for trams issued by the traffic administration under the public security organ according to law. 

A tram operator shall carry out technical inspections on the safety of trams in accordance with the Law of the People's Republic of China on Road Traffic Safety and other relevant provisions, equip its trams with a video system that records the real-time running status and ensure the video system is turned on throughout the operation. 

Article 21   A tram operator shall educate and train their employees on the work safety. Employees involved in important positions of work safety and those involved in rescue work shall take up their posts after they have passed the evaluation only. 

Article 22   Tram fares shall be priced by the government, and be coordinated with other public transport fares in this Municipality. 

Tram tickets shall be priced by tram operators. Tram operators shall implement government pricing and practice free fare and preferential fare for passengers who meet the requirements. 

Article 23   Passengers shall pay the tram fare on their own initiative in accordance with the regulations. Otherwise, tram operators shall have the right to request them to make up the fare. 

Article 24   Passengers who take trams shall abide by the rules for trams. 

A tram operator may conduct safety checks on the belongings carried by passengers, and passengers shall cooperate with a tram operator in safety checks. If any passenger refuses to accept a safety check or carries dangerous goods, a tram operator shall have the right to refuse his/her entry or ride. Whoever forcibly enters a station or takes a tram shall be dealt with by the public security organ according to law. 

Article 25   A tram operator shall establish a complaint acceptance system to receive complaints from passengers. 

A tram operator shall reply to a complaint within five working days from the date of acceptance. A complainant who has objections to a reply may appeal to the department of transport, and the latter shall reply within ten working days from the date of acceptance. 

Article 26   An evaluation system and a subsidy mechanism for tram operating cost accounting shall be established. The specific measures shall be formulated by the departments of transport jointly with the departments of finance. 

  

Chapter Four   Safety and Emergency Management 

Article 27   A tram operator shall assume the responsibility for the work safety of tram operation according to law, set up a management department and establish a management system for work safety, designate full-time management personnel and prepare corresponding facilities and equipment for work safety, and ensure the funds for work safety. 

Article 28   Tram safety protection zones shall be demarcated to protect the following areas: 

(1) 30 meters on each side of the central line of tramlines (taken as the baseline); 

(2) 30 meters outside the outer boundary of underground stations and tunnel structures, and 100 meters outside the outer boundary of tunnel structures across rivers and lakes; 

(3) 30 meters outside the outer boundary of elevated stations and elevated line structures; and 

(4) 10 meters outside the outer boundary of buildings and structures such as stations, communication base stations, transformer substations, depots, cable channels, and the entrances of underground passages connecting stations. 

Article 29   After accepting an application for administrative licensing on any of the following works inside a tram safety protection zone, the relevant department shall solicit opinions in writing from the tram operator concerning the applicants construction plan and safety protection plan: 

(1) construction, reconstruction, extension or removal of buildings or structures; 

(2) excavation, drilling, blasting, pile foundation construction or foundation reinforcement; 

(3) drilling wells, digging sand, quarrying stones, taking soil, piling up soil or dredging rivers; 

(4) laying pipelines or jumper wires; or 

(5) other works that may affect the safety of trams. 

A tram operator shall, within five working days from the date of receiving the written document from the relevant department for soliciting opinions, give a written reply concerning the above-mentioned construction plan and safety protection plan. For any objection, the reasons shall be stated. 

Article 30   A tram operator shall strengthen its inspection over the construction sites in the tram safety protection zones, and if it finds out any situation that endangers or may endanger the safety of trams, it shall require the construction entity to stop its works and take corresponding safety measures. Otherwise, the tram operator shall report to the relevant department promptly; and the relevant department receiving the report shall deal with the situation reported by the tram operator in time according to law. 

Article 31   The municipal department of transport shall, in accordance with the provisions of the Law of the People's Republic of China on Response to Emergencies and other relevant laws and regulations, organize the formulation of an emergency plan for tram operation and implement it after obtaining the approval of the Municipal People's Government. 

A tram operator shall formulate an emergency plan for tram operation and submit it to the department of transport and the traffic administration under the public security organ for the record. 

Article 32   A tram operator shall establish an emergency rescue organization, equip it with rescue apparatuses, equipment and materials and carry out regular maintenance to ensure their normal use, and organize regular drills. 

In the event of natural disasters, accidents or other emergencies, a tram operator shall, in accordance with the emergency plan, organize emergency rescue, evacuate passengers promptly, and report to the relevant departments as provided. 

Relevant departments, along with the entities of power supply, communications, water supply, sewerage and public transport shall, in accordance with the emergency plan, carry out emergency rescue and provide emergency support, so as to assist the tram operator in resuming operation as soon as possible. 

Article 33   A tram operator shall take technical protection and monitoring measures along the tramlines, evaluate the impact of tram operation on the buildings and structures such as stations, tunnels and bridges, conduct regular safety inspections and evaluations on its trams, and promptly discover and eliminate the hidden safety hazards. 

The departments of transport shall strengthen the supervision and inspection over the operation safety of trams and regularly organize professional institutions to carry out the evaluation of the operation safety of trams. The specific measures shall be formulated separately by the municipal department of transport . 

After a major disaster occurs, a tram operator shall cooperate with the relevant departments in the safety inspection of trams, and only after passing the inspection can the operation be resumed. 

Article 34   A tram operator shall, in accordance with the relevant provisions on anti-terrorism, fire control and accident rescue, provide security personnel and regularly inspect, maintain and update the special traffic safety facilities for trams as well as the corresponding apparatuses and equipment in the stations and carriages to ensure their good conditions and effectiveness. 

Article 35   In the event that the operation is suspended due to the temporary fault of a tram, the tram operator shall take measures, such as providing other traffic vehicles, to evacuate passengers, and may, in case of emergency, evacuate passengers promptly on the spot. The tram operator shall make an announcement to the public on the relevant information and report to the department of transport. 

Article 36   Where the passenger flow increases due to holidays, large mass activities or other reasons, a tram operator shall promptly increase its transport capacity and strengthen its evacuation and guidance service for passengers. 

If the passenger flow increases so sharply that it seriously affects the operation order and may endanger the operation safety, a tram operator shall take temporary measures to restrict the passenger flow. 

Article 37   Where the safety of tram operation is seriously affected by natural disasters, accident or other emergencies, a tram operator may stop the operation of lines or part of sections, organize the evacuation of passengers, make public announcements in a timely manner and report to the department of transport. 

In meteorological conditions of fog, rain, snow, sand and dust, hail, typhoon, and icing, trams shall reduce their driving speed appropriately. 

Article 38   Traffic accidents involving trams shall be handled in accordance with the relevant provisions of laws, regulations and rules on road traffic safety. 

In the event of a traffic accident, a tram driver shall, in accordance with the operating instructions, take corresponding emergency measures,stop the vehicle immediately, turn on the warning light, set up warning signs and protect the scene. 

Where a traffic accident causes casualties, a tram operator shall immediately rescue the injured and call the police immediately.Where no casualties are caused and the vehicles can still run, a tram driver shall take photos or videos or other means to record the scene, and the other vehicles involved in the accident shall immediately leave the tram lane. 

The traffic administration under the public security organ may, taking into account the situation of a traffic accident, notify the tram operator to suspend the line operation, while the tram operator shall obey the command. 

Article 39   A tram operator shall improve its management mechanism for operational accidents by purchasing commercial insurance according to law or by other means. 

  

Chapter Five   Legal Responsibility 

Article 40   The department of transport shall order a tram operator to make corrections within a time limit, give it a warning, and may concurrently impose on it a fine of not less than RMB 5,000 but not more than RMB 10,000, if it fails: 

(1) to conduct regular inspection or maintenance of its trams, stations or related facilities; 

(2) to provide technical protection or take monitoring measures along the tramlines or to carry out safety inspection and evaluation regularly; or 

(3) to install corresponding apparatuses and equipment as required, or to check, maintain or update them regularly. 

Article 41   The department of transport shall order a tram operator to make corrections within a time limit, give it a warning, and may concurrently impose on it a fine of not less than RMB 1,000 but not more than RMB 5,000, if it fails: 

(1) to provide services in accordance with the service specifications for tram operation; 

(2)to set up unified guidance signs or display in the prominent positions of stations the running time of the first and last trams and other information; 

(3) to establish a complaint acceptance system or to handle passengers’ complaints as provided; 

(4) to set up a management department for work safety or to educate its employees on work safety; 

(5) to formulate an emergency plan for tram operation or to organize regular drills; or 

(6) to take corresponding measures promptly as required, such as organizing evacuation and guidance. 

Article 42   If anyone, in violation of the provisions of these Measures, fails to observe the riding rules or commits any act that disturbs the order of tram operation, produces an adverse effect to the urban appearance and environmental health, endangers the safety of tram operation or damages tram facilities and equipment, a tram operator shall have the right to dissuade and stop such violator. If a violator refuses to make corrections after dissuasion, a tram operator may refuse to provide him/her with services and inform the relevant department according to law. For any act that causes the damage of tram facilities and equipment, the violator concerned shall bear the corresponding civil liability for compensation according to law. 

Article 43   Whoever violates the administrative provisions of these Measures concerning the planning, construction, safety and price of trams shall be dealt with by the relevant department in accordance with the provisions of relevant laws and regulations. 

Article 44   Any staff member of a relevant department or of a tram developer or operator who fails to perform or perform appropriately his/her duties, abuses his/her power, neglects his /her duties or engages in malpractices for personal gain shall be given an administrative sanction by the entity to which he/she belongs or by the competent department at a higher level according to law. Where damages are caused, such violator shall bear the responsibility for compensation according to law.If a crime is constituted, criminal responsibility shall be investigated according to law. 

  

Chapter Six   Supplementary Provisions 

Article 45   The terms as used in these Measures are defined as follows: 

(1) Tram facilities and equipment include the subgrades, tracks, tunnels, bridges, stations, vehicles, depots, power supply system, communication system, operation control system, fire system, water supply and sewerage system of trams and their related ancillary facilities and equipment. 

(2) Tram lanes include exclusive lanes and non-exclusive lanes. 

Exclusive tram lanes refer to lanes used for the passage of trams. They are laid with fixed tracks and separate trams from other vehicles and pedestrians by curbs, isolation fences, signs or marks. 

Non-exclusive tram lanes refer to lanes used for the passage of both trams and other vehicles. They are laid with fixed tracks. 

(3) Special traffic safety facilities for trams refer to traffic safety facilities used for trams only. 

Article 46   These Measures shall come into force as of April 1, 2018.  

  

  

  

To: 

People’s governments at the district level, departments of the Municipal Peoples Government. 

Office of Legislative Affairs of the Provincial Peoples Government. 

General Office of the Municipal Party Committee, Wuhan Garrison Command, people’s organizations, Democratic Parties. 

General Office of the Standing Committee of the Municipal People’s Congress, General Office of CPPCC Wuhan Committee, Municipal People’s Court and Procuratorate. 

News agencies, enterprises and institutions affiliated to ministries. 

General Office of Wuhan Municipal People’s Government 

Printed and Distributed on February 26, 2018