Laws & Regulations
50 Questions on Amended Regulations on Shanghai Rail Transit Management
2013-12-19 16:59:24 Source:Website Editor
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1. When did the amendments passed? When did the new regulations become effective?

The amendments to the regulations were adopted on Nov 21, 2013 during the 9th meeting of 14th Shanghai People’s Congress Standing Committee, and it officially came into effect from Jan 1, 2014.

2. Why this amendment is necessary?

The further development of rail transit has brought changes in service and management: the rail transit management system has undergone fundamental changes; there is growing difficulty in risk control of operation safety; the passengers are demanding better services. Therefore, the Regulations are necessary to change to realize sustained and healthy development of rail transit.

3. Which stages had the amendment gone through?

From perspective of time, the amendments had gone through 4 stages: preparation (2009-2011), the Municipal Transportation Bureau carried out survey for legislation;, launch (2011-2012), the Municipal Transportation Bureau took the lead in drafting the amendment; improvement (2013.1-5), the Municipal Legislative Affairs Office made amendments to the improved draft;, discussion (2013.5-11), the draft was submitted to Municipal People's Congress for voting.

4. What are the changes in the major content and structure of the Regulations?

According to the new development trend in Shanghai’s rail transit, we made various levels of amendments to the existing edition (7 chapters with 52 articles). The latest edition contains 6 chapters with 56 articles. One major change is that we adjust the structure of the Regulations, putting such chapters as operation management, facilities management, injury and accident into two chapters, that is, operation service and safety management. The major content focuses on improve operation service and strengthen safety management.

5. Is there any change to the application scope of the Regulations?

Compared with former edition, there are certain changes to the application scope of new edition: it canceled previous restrictions on rail transit investment, and it is now only applicable to the planning, construction, operation and related management of the rail transit in Shanghai’s administrative regions.

6. What are the changes to the management principle of rail transit?

In this new edition, Shanghai rail transit adopts the principle of unified planning, comprehensive construction, safe operation and standardized services. Compared with previous edition, we give up the concept of diversified investment and concentrated management, and shift our focus on standard operation, safety and convenience to safe operation and standard service, showing that the rail transit management is based on safe operation and better service.

7. What are the new requirements for the government authorities?

The new Regulations enhanced the role of Municipal Transportation Bureau in rail transit management, that is, Municipal Transportation Bureau will replace Municipal Transportation Management Office, becoming direct supervisor responsible for daily management and supervision of rail transit.

8. What are the changes to subjects that authorize enterprise to conduct law enforcement?

There are major changes in this regard. According to the new regulations, the law enforcement body was shifted from the route operation unit appointed by Municipal Transportation Bureau to rail transit enterprise determined by the People’s Government that is responsible for rail transit construction and operation. Currently, the enterprise refers to Shanghai Shentong Metro Group Co., Ltd.

9. Whether the authorized rail transit enterprise could entrust their law enforcement work to other organizations?

According to Administrative Punishment Law of People’s Republic of China, only the administrative authority could entrust its law enforcement work to corresponding public institutions within statutory authority; the rail transit enterprise could neither entrust their authorized law enforcement work to any other organizations or individuals, nor delegate this work to its affiliated route operation unit.

10. What are the changes to the content of law enforcement work done by authorized enterprise?

According to the new regulations, rail transit enterprise could give individuals warnings or fine them for over RMB50 but less than RMB500 if the individuals commit one or some of the following acts: smoke, spit on the ground, urinate, .litter the ground with chewing gum and scraps; scribble, scrawl or posting; set up stalls, park vehicles, stacking, street-performing, distribute leaflets or arrange sales campaign; begging, lie on the ground, collect waste materials; bring live poultries and pets such as cats and dogs (guide dog is allowed); bring bikes (including folding bikes) into station or to be on board; use skate board, roller skates.

Meanwhile, instead of administrative penalization, the Regulations prescribe that enterprise has the right to dissuade and prevent individuals from doing the following acts and could send these individuals to the police for punishment: intercept train, enter into prohibited zones (e.g. rails or tunnels) without authorization, climb or stride over enclosure, bars, railings, fare gate, force to be on/off board and start emergency or security devices in normal situation, sabotage facilities such as vehicle, rail, and rail bed, and tunnel, elevated rail, station and its supporting facilities, interfere mechanical and electrical equipments, and communication signal system.

In addition, the regulations prescribe that enterprise has the right to fine passengers for over RMB50 but less than RMB500 if he/she was found using other people’s certificates.

11. According to the new regulations, what are the changes to law enforcement procedures of authorized enterprise?

Judging from the penalty content, there is a major change in law enforcement procedures, namely we shift our focus from simple procedures (warning) to standard procedures (a fine between RMB50 and RMB500). In the meantime, the rail transit enterprise has no right to collect the fine directly from passengers.

12. What are the changes to the development principles within the rail transit facilities area in the Regulations?

The new regulations allow more market players to participate in the development of rail transit area. Previously, the development and operation right was granted to a limited number of rail transit developers or their entrusted route operation units, now we encourage other market players to join the competition to realize comprehensive development and to re-invest the profits in rail transit construction and operation.

13. What are the new prescriptions on safety evaluation of rail transit construction in the Regulations?

According to the new regulations, rail transit enterprise shall evaluate the safety risks and the surrounding environment of the project during the stage of feasibility study, and submit the evaluation result by following the construction procedures, so as to minimize the impact to buildings and structures on the grounds or in its surroundings and ensure safety.

14. What are the changes to the subject of liabilities in compensation for damaged buildings due to rail transit construction?

To protect the disadvantaged and maintain fairness, the new Regulations will change subject of liabilities for compensation from accountability unit to rail transit enterprise. According to the Regulations, the rail transit enterprise shall first remedy or compensate the damaged buildings according to the damaged condition, and exercise the right of subrogation to its accountability unit afterwards.

15. What are the new prescriptions herein on the rail transit enterprise’s participation in the planning process?

According to the new regulations, rail transit enterprise shall, together with municipal planning and land resources department and transportation administrative department, participate in developing the plans for Shanghai’s rail transit network, route selection, system supporting facilities and planning control area. This guarantees the rights and interests of rail transit enterprise, realizing the orderly transfer among construction, operation and planning.

16. What are the new prescriptions on the pilot operation in the Regulations?

According to the new regulations, rail transit enterprise shall carry out preliminary check in accordance with design standards after the project is completed. A new section was required, that is, to conduct unmanned pilot run so as to test the feasibility, safety and reliability of all equipments and systems in the subway. The manned pilot run will not be allowed unless the unmanned pilot run is passed.

17. What are the new prescriptions on the setup of rail transit service signs?

According to the new regulations, rail transit enterprise shall set up operation service signs such as guiding sign, safety sign in entrance and exit and be responsible for their maintenance. In the meantime, the Regulations also prescribe that road administration department shall be responsible for the setup and maintenance of guiding signs in the surrounding areas of stations.

18. What are the new prescriptions on the setup of accessible facilities in station?

According to new regulations, rail transit enterprise shall set up accessible facilities as well as instructions and reminders in subway stations in accordance with national and municipal standards and requirements and conduct daily maintenance and repair.

19. What are the new prescriptions on enterprise’s development of operation plan?

According to the new regulations, the operation plan shall be developed on the basis of passenger distribution and the operation conditions of other lines and it should be submitted to municipal transportation department for filing.

20. What are the new prescriptions on providing operation information?

According to the new regulations, rail transit enterprise shall offer the following services to passenger: inform passenger the arrival time, intervals and safety tips and other information through broadcasting and video display; highlight such information in the station as train schedules, operation status and transfer tips; set up the information desk for inquiry, and staff at information desk should offer accurate answers to passengers; inform passengers through various means in time if the time of the first and last train needs to be altered, or there is emergency, facilities failure that interfere normal operation.

21. What are the new prescriptions on strengthening station management?

According to the new regulations, to offer better environment, the rail transit enterprise shall first establish station hygiene policies to maintain the cleanness of station facilities and carriages, as well as the smoothness of entrances and exits; then it needs to develop first-aid policies to ensure that the station is equipped with medical kits; it also needs to conduct regular inspections to emergency shut-down devices, ensuring that these devices could be launched in emergency.

22. What are the new prescriptions on operation service evaluation?

The municipal transportation administrative department shall conduct regular evaluations on rail transit services in such forms as passenger satisfaction survey. For the problems discovered during the survey, rail transit enterprise shall make immediate improvement; the evaluation result and latest improvement should be released to the public in various forms.

23. What are the new changes on the application scope for passenger’s demand for refund?

Compared with the previous edition, the new regulations introduce a time limit, prescribing that only when the rail transit operation is suspended for over 15 minutes due to malfunctions, the passenger has the right to demand for full refund. In the meantime, it also prescribes that rail transit enterprise shall provide delay certificate.

24. What are the changes in handling passenger who goes on board without a ticket or using invalid ticket?

According to the new regulations, for passenger who goes on board without a ticket or using invalid ticket, the rail transit enterprise could charge him/her the highest price of a one-way ticket as well as a fine five times the ticket price.

25. What are the new prescriptions on handling passenger who use other people’s credentials or fake credentials?

For passenger who uses other people’s credentials and those who use fake ones, the new regulations will handle separately. Passenger who uses other people’s credentials will be fined for over RMB50 but less than RMB500, and relevant information could be recorded in his/her personal credit system; Passenger who uses fake credentials will be sent to the police and relevant information could also be recorded in his/her personal credit system.

26. What are the changes in the prohibited actions within rail transit areas?

The new regulations further clarified the requirements in passenger’s behaviors. In this new edition, bring bikes (including folding bikes), live poultries and use skate boards and roller skaters are prohibited; stacking, set up stalls and parking, which were contained in different sections, are now incorporated into prohibited behaviors of passenger. In the meantime, it also prescribed that guide dogs could be brought into the station and on board.

27. What are the new prescriptions on passenger security check?

According to the new regulations, rail transit enterprise shall set up safety check facilities in station in accordance with relevant standards and operation standards. Enterprise could stop passenger entering into the station or being on board when he/she is found to bring dangerous articles and items. If passenger refuses to take advice, rail transit enterprise shall take safety measures immediately and report to the public security department in time.

28. What are the new prescriptions on the setup and maintenance of commercial outlets in station?

The deployment of commercial outlets in station shall take into consideration of such elements as operation safety, passenger convenience, unified planning and surrounding environment. Apart from commercial outlets planned in design draft and the auto-vendors and news-stands in platform, no commercial outlets are allowed in entrance and exit as well as the passages of the station. The setup or maintenance of advertising facilities and commercial outlets shall be done during non-operational hours.

29. What are the new prescriptions on the setup and maintenance of advertising in station and on vehicles?

Advertising in station shall be legal and standard. Advertising shall not affect identification of service signs, and shall not interfere with operation safety and the use of service facilities. The setup or maintenance of advertising facilities and commercial outlets shall be done during non-operational hours.

30. What are the new prescriptions on the safety check of advertising and commercial outlets?

According to the new regulations, rail transit enterprise shall conduct safety checks to advertising facilities and commercial outlets on regular basis. Materials adopted in facilities and commercial outlets shall be fire retardant and meet requirements of fire control.

31. What are the new requirements for rail transit enterprise to enhance its operation safety management?

According to the new regulations, the rail transit enterprise is the responsibility subject of rail transit operation safety. It shall set up managing departments and deploying management staff in accordance with relevant regulations, and it shall establish work safety policies and operation procedures to maintain operation safety.

32. What are the new requirements for safety measures to ensure normal operations?

The new regulations prescribe that rail transit enterprise shall be equipped with emergency equipments such as alarm, fire-fighting, evacuation, flood-control, anti-explosion, security surveillance, emergency lighting and rescue facilities, and they shall be inspected, maintained and updated on a regular basis to ensure they are in good condition.

33. What are the changes to projects to be carried out within the safety protected zone?

Compared with the previous edition, apart from the original projects (3 categories and 9 items) the new regulations add two new items (drilling and channel dredging) for approval.

34. What are the new changes to the examine subjects of the projects in safety protected zones?

The new regulations clarify that the municipal transportation administrative department (i.e. Municipal Transportation Bureau) will replace municipal transportation administration office to exercise the administrative license right, receiving applications and making final approvals.

35. What are the new changes to the examine subjects of technology to be adopted in operation plans in safety protected zone?

According to the new regulations, the technology examination of operations within safety protected zone will not separate ongoing projects from finished projects. The rail transit enterprise will become the examine subject, which means that Municipal Transportation Bureau will send all operation plans to enterprise for technology examination.

36. What are the new requirements for safety inspections of rail transit enterprise?

According to the new regulations, rail transit enterprise shall carry out regular inspections for potential safety hazards, and regular security checks to rail transit facilities. Problems detected shall be handled in a timely manner.

37. What are the new requirements for emergency management of rail transit enterprise?

According to the new regulations, rail transit enterprise shall develop specific contingency plans according to the general contingency plan for rail transit and submit them to departments of municipal transportation and construction for filing.

38. What are the new prescriptions on when to activate contingency plan?

When natural disaster, bad weather, operation accidents and other sudden events occur, relevant administrative departments and rail transit enterprise shall activate contingency plan in time.

39. What are the new prescriptions on measures of limiting passenger crowding?

According to the new regulations, rail transit enterprise shall increase its transport capacity and guide passengers when facing a surge in passenger amount during such periods as vacations, large-scale activities and so on. When the surge of passenger number endangers operation safety, the enterprise shall limit passenger crowding to ensure operation safety.

40. What are the new prescriptions on operation suspension by rail transit enterprise?

If limit passenger crowding fail to ensure the operation safety, the enterprise could suspend the operation of part or all of the line, and report municipal transportation administrative department.

41. What are the new prescriptions on handling the accident in rail transit operation?

According to the new regulations, rail transit enterprise shall investigate the reason immediately when accidents occur and restore the operation after finding the reason, and solving the trouble.

42. What are the new requirements for the evaluation of rail transit operation safety?

According to the new regulations, municipal transportation administrative department shall establish rail transit safety evaluation system, and entrust professional agencies to do safety evaluation on a regular basis. Municipal transportation administrative department shall give opinions to problems detected during the evaluation, and rail transit enterprise shall make improvements in accordance with these opinions.

43. What are the measures of handling people who refuse or hinder law enforcement staff from carrying out their duties?

According to the new regulations, people who refuse or hinder law enforcement staff from carrying out their duties will be handled as follows: if their deeds violate Law of the People’s Republic of China on Public Security Administration, they will be sent to the police for further penalties in accordance with laws and regulations. If their deeds constitute a crime, they will be investigated for criminal responsibility.

44. Which behaviors of passenger shall be penalized by the public security department in the new regulations?

Intercept the train, enter into such areas as rails or tunnels without permit; climb or stride over enclosure, bars, railings, fare gate, force to get on/off board;

Behaviors endangering rail transit facilities: start emergency or safety installations in normal state; sabotage facilities such as vehicle, rail, and rail bed, and tunnel, elevated rail, station and its supporting facilities; interfere mechanical and electrical equipments, and communication signal system or other behaviors of damaging rail transit facilities.

45. What are the changes to the penalties for throwing garbage to rail transit facilities?

The new regulations increase penalties to this by prescribing that passenger who throw garbage to rail transit facilities will be warned by municipal transportation administrative department, and the fine is increased from less than RMB100 to less than RMB500.

46. When the rail enterprise will be penalized by municipal transportation administrative department due to their violations?

(1) If rail transit enterprise has its rail transit construction fails to meet standards of operation function configuration and fails to provide safe and reliable operation, service facilities or fails to build comprehensive safety monitoring and rescue system, it will be required to rectify within limited period and will be fined for over RMB20,000 and less than RMB200,000.

(2) If enterprise fails to manage and maintain rail transit facilities, it will be required to rectify within limited period; enterprise fails to meet the deadline will be fined for over RMB3,000 and less than RMB30,000.

(3) If enterprise fails to set up such operation service signs as rail transit guiding signs and safety signs according to national and municipal regulations, it will be required to rectify within limited period. Enterprise that fails to meet the deadline will be fined for over RMB3,000 and less than RMB30,000

(4) If enterprise fails to release related issues to the public or fails to offer information service to passengers according to relevant requirements, it will be required to rectify within limited period. Enterprise that fails to meet the deadline will be fined for over RMB1,000 and less than RMB5,000.

(5) If enterprise fails to manage according to regulations, it will be required to rectify within limited period. Enterprise that fails to meet the deadline will be fined for over RMB3,000 and less than RMB30,000.

(6) If enterprise allows its staff to work without certificate or its staff fails to offer standard service, it will be required to rectify within limited period. Enterprise that fails to meet the deadline will be fined for over RMB500 and less than RMB2,000.

(7) If enterprise sets up commercial outlets in prohibited area, or its setup and maintenance of advertising facilities and commercial outlets fail to meet relevant requirements, it will be required to rectify within limited period. Enterprise that fails to meet the deadline will be fined for over RMB10,000 and less than RMB30,000.

47. What are the new requirements for municipal transportation administrative department in terms of receiving passengers’ complaints as well as the response time after receiving them?

According to the new regulations, the response time of municipal transportation administrative department was reduced from 15 working days to 10, that is, municipal transportation administrative department shall give responses to complaints within 10 working days after receiving them.

48. What are the requirements for the People’s Governments at District and County levels?

District and county people's governments shall assist in the process of rail transit construction, operation and emergency events disposal. They shall also strengthen the management of environment in their own responsible areas.

49. Which departments in the municipal government are required by the new regulations to enhance management?

Administrative departments in development and reform, construction, planning and land resources, public security, and work safety shall carry out their own duties in accordance with the Regulations to enhance the supervision on capital, operation and profits of comprehensive development in rail transit project.

50. Which behaviors of staff from administrative departments will be penalized according to the new regulations?

According to the new regulations, If staff in municipal transportation administrative department and its affiliated law enforcement agencies as well as other related administrative departments commits one of the following acts, he/she will be given sanctions such as warnings, demerit recordings, or major demerit recordings from his/her working unit or supervising department, and if the circumstances are severe, he/she will be demoted or dismissed: (1). fails to arrange pilot operation certification in accordance with the Regulations; (2). issue permits to operation in safety protection zone without authorization; (3). fails to perform supervision duties such as safety check and safety evaluation; (4). other deeds of power abuse, dereliction of duty and favoritism.


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