Chapter 1 General Provisions
Article I The Regulations are hereby developed on the basis of relevant laws and regulations as well as the actual situations in Shanghai, so as to strengthen rail transit management, facilitate rail transit construction, ensure operation safety, and maintain passengers’ legitimate rights and interests.
Article 2 The rail transit herein refers to urban rail public transportation system (e.g. subway and light rail).
The rail transit facilities herein refer to railways, tunnels, viaducts, stations (including entrances, passages), vehicles, machinery and electrical equipments, communication signal systems, other ancillary facilities and related facilities for protecting rail transit operations.
Article 3 The Regulations shall be applied to the management activities of the planning, construction, operation of rail transit in Shanghai’s administrative regions.
Article 4 The municipal traffic administrative department shall be in charge of organization and implementation of the regulations and may entrust its affiliated administrative law enforcement departments to implement administrative penalties in accordance with the Regulations.
The rail transit companies appointed by Shanghai Municipal People's Government shall be in responsible for rail transit construction and operation, and implement administrative penalties in accordance with the Regulations. Law enforcement staff of rail transit companies shall obtain licenses to adopt civilized method in law enforcement.
Relevant municipal 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.
District and county people's governments shall assist in the process of rail transit construction, operation and emergency events disposal.
Article 5 Shanghai rail transit adopts the principle of unified planning, comprehensive construction, safe operation and standardized services.
Article 6 The Municipal Government decides to give priority to rail transit. Therefore People’s governments at all levels shall support the investment, construction and operation of rail transit.
Article 7 Relevant departments of the Municipal People's Government shall strengthen the supervision on capital, operation and comprehensive benefits of rail transit construction.
Chapter II Planning and Construction
Article 8 The specific planning of rail transit shall be based on economic and social development planning and shall be incorporated into the corresponding urban and rural planning after submitting through required procedures and being approved.
Rail transit specific planning includes network planning, route selection planning and system supporting facilities planning.
The municipal urban planning and land resources administrative departments, together with other departments of development and reform, construction and transportation, shall cooperate with rail transit enterprises to develop network system planning and route selection planning and define rail transit planning control areas.
The municipal traffic administrative department, together with municipal planning and land resources administrative department, shall cooperate with rail transit enterprises to develop rail transit system supporting facilities planning.
The specific planning of rail transit, shall give consideration to the transfer and connection between different lines and between rail transit and other means of transportation.
The specific planning of rail transit shall collect opinions and feedbacks from district and county people's governments, departments concerned and the public along the lines following legal procedures.
Article 9 Construction, reconstruction and expansion are not allowed within the control area of rail transit. If they are necessary, planning and land resources departments at municipal, district and county levels shall first receive written approval from municipal transportation administrative department and then review in accordance with relevant laws and regulations.
Article 10 The municipal development and reform administrative departments shall, jointly with the planning and land resources, construction, communication and other relevant administrative departments, develop rail transit construction planning.
Rail transit construction planning shall be implemented after being approved in accordance with the procedures prescribed by the State.
Article 11 The land set aside for rail transit construction in urban and rural planning shall not be used for other purposes without going through legitimate procedures.
The municipal government encourages to develop the land for new rail transit facilities in a comprehensive and market-oriented manner. The revenue thus generated shall be re-invested in construction and operation of rail transit.
Article 12 Rail transit enterprises shall evaluate the safety risks and impacts on surrounding environment during project feasibility study, and shall submit the evaluation results in accordance with relevant procedures. Rail transit enterprises shall take measures to prevent and reduce the impacts of buildings and structures on the ground and in surrounding environment to ensure safety.
Article 13 Areas for public transportation and public facilities (transfer hub, bus/taxi stop, parking lots, rest rooms etc.) shall be reserved during the detailed planning of the rail transit station by people’s government at district and county level and municipal planning and land resources administrative departments.
Article 14 Activities such as rail transit exploration, design, construction and supervision shall be subject to relevant laws, regulations and technical standards.
Rail transit enterprises shall provide safe and reliable facilities in accordance with national and municipal technology standards and standards for rail transit operation supporting facilities to construct complete rail transit monitoring system and rescue system, ensuring the safety and convenience of passengers.
Article 15 After the completion of rail transit project, rail transit enterprises shall carry out preliminary check in accordance with design criteria and conduct pilot run without passenger in accordance with national regulations.
Municipal traffic administrative department shall organize relevant departments and experts to inspect before pilot operation. The pilot operation could not start unless the project passes the inspection and is approved by municipal government.
The project shall be checked in accordance with national regulations after its completion, and the project would be delivered for official operation after being accepted.
Chapter III Operation Services
Article 16 Rail transit enterprises shall set up service facilities, including ticket vendor, check-in, escalators, rest rooms, ventilation, lighting, dust bins, and shall keep them in good conditions through regular repair and update so as to ensure operation safety.
Article 17 Road administrative departments, rail transit enterprises shall set up guiding signals and safety signals in such places as station’s surrounding areas, entrances and exits as well as in the station in accordance with national and municipal standards.
Road administration authorities and rail transit enterprises shall be responsible for daily management and maintenance of operation service signs.
Article 18 Rail transit enterprises shall, in accordance with national and municipal standards and requirements, set up accessible facilities with instructions and reminders in stations, and carry out routine maintenance and repair.
Any unit or individual shall not sabotage or occupy accessible facilities or change their purposes.
Article 19 The municipal transportation administrative department shall develop rail transit service standards and release them to the public. Rail transit enterprises shall follow the service requirements to provide safe and convenient services, protecting legitimate rights of passengers.
Article 20 The operation plan shall be developed on the basis of passenger distribution and the operation conditions of other lines and it shall be submitted to municipal transportation department for filing.
Train operation time and intervals shall be issued to the public.
Article 21 Rail transit enterprises shall provide information services to passengers according to the following requirements:
(1) Inform passengers of arrival time, intervals and safety tips and other information through broadcasting and video display;
(2) Highlight such information in the station as train schedules, operation status and transfer tips;
(3) Set up the information desk for inquiry, and staff at information desk shall offer accurate answers to passengers;
(4) Rail transit enterprises shall 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.
Article 22 Rail transit enterprises shall take the following measures to provide favorable traveling conditions for passengers:
(1) Establish station hygiene system to keep station facilities and carriages clean and, in the meantime, to ensure the entrances and exits smooth;
(2) Establish first-aid assistance system to equip the station with first-aid kit according to relevant regulations;
(3) Establish emergency shut-down device inspection system to ensure these devices could be turned on in time in case of emergency.
Article 23 The district and county people's government and rail transit enterprises shall strengthen the management of environment in their own responsibility areas.
Article 24 Staff such as train drivers, dispatchers, station attendants of rail transit enterprises shall receiving trainings and gain certificates before starting to work.
Staff of rail transit enterprises shall wear uniforms and badges and treat passengers in a polite and civilized manner.
Article 25 Advertising in station shall be legal and meet the standards. Advertising shall not affect the identification of service signs, operation safety and the use of service facilities.
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.
Rail transit enterprises 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.
The setup or maintenance of advertising facilities and commercial outlets shall be done during non-operational hours.
Article 26 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 enterprises shall improve as soon as possible and municipal transportation administrative department shall enhance supervision on this regard; the evaluation result and latest improvement shall be released to the public through many forms.
Article 27 Rail fares shall be at a similar level with the ticket prices of other public transportations. The determination and adjustment of the fare shall be heard by the public, and shall be approved by municipal pricing administrative departments and municipal government.
Rail transit enterprises shall adopt the fares approved by municipal government and shall release the detail price to the public, and it shall be supervised by Municipal pricing administrative departments.
Article 28 If the operation is interrupted due to operation failure, rail transit enterprises shall eliminate the trouble in time to restore operation. If operation could not be restored in a short time, enterprises shall evacuate passengers and transfer them to other lines or means of transportation, and then report the situation to municipal transportation administrative department in time.
If the operation is interrupted for over 15 minutes due to operation failure, rail transit enterprises shall issue delay certificates and passengers have the right to demand full refund with their valid tickets.
Article 29 The municipal transportation administrative department shall be responsible for developing Code for Rail Transit Passengers. Passengers shall follow the code when enter into the station and be on board.
Article 30 The passenger shall be on board with valid tickets. Passengers who miss the stops shall cover the fares for extra stops.
For passengers who go on board with no tickets or invalid tickets, rail transit enterprises shall charge them the highest price of a one-way ticket as well as a fine five times the ticket price. The municipal transportation administrative department shall strengthen the supervision on extra-charged fares
Passengers who could enjoy preferential policies shall take with them valid documents. Passengers shall not use other people’s documents or fake documents.
For passengers who use other people’s documents, fake documents and go on board without tickets, their information shall be recorded in their individual credit system.
Article 31 The following behaviors are prohibited within the area of rail transit facilities:
(1) Intercept the train;
(2) Entering such areas as rails or tunnels without permit;
(3) Climb or stride over enclosure, bars, railings, fare gate;
(4) Force to get on/off board;
(5) Smoke, spit, urinate or defecate, litter the floor with chewing gum, peels and paper scraps;
(6) Scribble, scrawl or posting bills without permit;
(7) Set up stall, parking, pile up articles, perform for money, distribute leaflets or conduct sales campaigns without permit;
(8) Begging, lie on the ground, collect waste;
(9) Bring live poultry and pets (cats and dogs), not include guide dogs;
(10) Bring bicycles (including folding bike) into the station;
(11) Using skateboards, roller skates;
(12) Other behaviors violating laws and regulations.
Article 32 Articles and items that are flammable, explosive, toxic, radioactive, erosive articles and items and other dangerous articles and items that could threat the safety of life and property are not allowed to be brought into station and on board. The list of dangerous articles and items will be determined by public security and municipal transportation administrative department, and rail transit enterprises shall post them in station.
Rail transit enterprises shall deploy safety check equipments and trained security personnel in stations in accordance with relevant provisions and standards and have the right to conduct safety check to passengers. Rail transit enterprises shall prevent passengers who are found to bring with them dangerous articles and items entering into the station and being on board. If they refuse to take the advices and insist to enter, rail transit enterprises shall take safety measures immediately and report to the police.
Public security department shall guide, inspect and supervise the rail transit safety, and handle illegal activities in accordance with laws and regulations.
Article 33 The public security department shall be responsible for the safety administration and fire control to maintain the safe operations.
Power, water supply, communication departments shall guarantee the need of rail transit enterprises’ need for power, water and communication, assisting them to ensure normal operation.
Article 34 The municipal transportation administrative department and rail transit enterprises shall establish a complaint collection system to collect complaints on behaviors violating the Regulations and poor service quality.
The rail transit enterprises shall respond the complaints within 10 working days after receiving them. Passengers who do not accept the responses could appeal to municipal transportation administrative department.
The municipal transportation administrative department shall respond within 10 working days after receiving the appeals or complaints.
Chapter IV Safety Management
Article 35 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 so as to maintain operation safety.
Article 36 The rail transit enterprises 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.
Article 37 The rail transit enterprises shall set up safety protection zone and the scope is as follows:
(1) Within 50 meters between the underground station and the outer line of tunnel;
(2) Within 30 meters between ground station and the outer line of the rail;
(3) The area within 10 meters from outer edge of such buildings and structures as entrance, exit, ventilation pavilion and transformer sub-station.
Article 38 The operation plans to be carried out by work units in these areas shall be approved by municipal transportation administrative departments and precautions shall be taken during operations;
(1) Building or demolishing buildings and structures;
(2) Construction work such as piling, pit construction, digging, underground jacking, blasting, erecting, dewatering, drilling, river dredging, and foundations stabilization;
(3) Other activities that could greatly increase or reduce load.
The plans of above operations shall be sent by municipal transportation administrative department to rail transit enterprise for review and the enterprise shall give feedbacks on technical issues; then municipal transportation administrative department shall make decisions based on the feedback and inform the enterprise the final result.
Regulations on technical check of operation plan in safety protection zone shall be co-developed by municipal transportation administrative department and rail transit enterprises, and they shall determine various periods for technical check based on different areas and operation types.
Article 39 Rail transit enterprises shall develop policies to conduct daily inspections in safety protection zones, and conduct daily supervision on safety of the operations mentioned in Article 38, paragraph 1 according to technical check opinions. Enterprise shall also enhance supervision and monitoring to adjacent rail transit facilities.
If the approved operation endangers the safety of rail transit, or if the operation in the safety protection zone receives no approval, the enterprise shall order the work unit to stop immediately and take precautions, and the enterprise shall report to municipal transportation administrative department.
Article 40 No building, structure and tree blocking the view of train is allowed in the inner side of rail transit curve.
Throwing garbage to rails, elevated rails or tunnels is prohibited.
Article 41 Behaviors endangering rail transit facilities are prohibited:
(1) Start emergency or safety installations in a non-emergency state;
(2) Sabotage facilities such as vehicle, rail, and rail bed, and tunnel, elevated rail, station and its supporting facilities;
(3) Interfere mechanical and electrical equipments, and communication signal system;
(4) Other behaviors of damaging rail transit facilities.
Article 42 Rail transit enterprises shall carry out daily inspections for potential safety hazards, and regular security checks to rail transit facilities. Problems detected shall be handled in a timely manner.
Municipal transportation administrative department shall conduct dynamic supervision on rail transit operation safety; if technical test is required, it could entrust professional agencies to conduct the test.
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 require improvements to problems detected during the evaluation and rail transit enterprise shall put them into practices.
Article 43 Administrative departments of transportation and construction shall cooperate with such departments as public security to develop contingency plan for sudden events in rail transit based on relevant laws, regulations and the guiding contingency plan for sudden events in Shanghai. The plan shall be submitted to people’s government for approval.
Rail transit enterprises shall develop their own specific contingency plan according to the contingency plan for rail transit and submit to municipal transportation, construction departments for filing.
Municipal transportation administrative department and rail transit enterprise shall organize regular emergency drills.
When natural disaster, bad weather, operation accidents and other sudden events occur, relevant administrative departments and rail transit enterprises shall launch contingency plan.
Article 44 Rail transit enterprises shall increase its 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 could endanger operation safety, the enterprises shall limit passenger crowding to ensure operation safety.
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.
Passengers who are held up due to limit passenger crowding, operation suspension shall be transferred or handled through other measures by municipal transportation administrative department.
Article 45 Rail transit enterprises shall investigate the reason immediately when accidents occur and restore the operation after finding the reason, and solving the trouble.
Municipal government, together with work safety, transportation departments shall investigate the accidents in accordance with national and municipal regulations and release reasons and treatment to the public.
Article 46 Rail transit enterprise shall rescue the injured, protect the site and maintain order if any injury occur during operation; the public security shall explore the site, examine and handle the situation in accordance with laws.
Chapter V Legal Liability
Article 47 For violators of the Regulations, if there are existing provisions in this regard, they will be adopted and executed.
Article 48 If rail transit enterprise commit one of the following acts, they will be penalized by municipal transportation administrative department according to the following prescriptions:
(1) If enterprise violates Article 14, by having 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 violates Article 16 and 36 by failing 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 violates Article 17 by failing 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 violates Article 20 and 21 by failing 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 violates Article 22 by failing 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 violates Article 22 by allowing its staff to work without certificate or its staff fails to offer standardized 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 violates Article 25 by setting up commercial outlet in prohibited area, or its setup and maintenance of advertising facilities and commercial outlets fails 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.
Article 49 If passenger violates Article 30, paragraph 3 by going on board with other people’s documents, he/she will be fined for over RMB50 and less than RMB500. Passenger who uses fake documents to be on board will be sent to the police and be punished in accordance with Law of the PRC on Public Security Administration.
Rail transit enterprise has the right to dissuade and prevent passenger who violates Article 31, paragraph 1,2,3,4 and Article 41 and sent him/her to the police.
Rail transit enterprise could order passenger to make corrections, give warnings or fined him/her for over RMB50 and less than RMB500 if he/she violates Article 31, paragraph 5,6,7,8,9,10 and 11.
Article 50 If enterprise violates Article 38, paragraph 1 by carrying out operations in safety protection zone without approval or without following the approved plan, municipal transportation administrative department will demand it to rectify within limited period and it will be fined for over RMB20,000 and less than RMB200,000.
Article 51 If enterprise violates Article 40, paragraph 1 by constructing buildings and structures that block the train driver’s view, municipal transportation administrative department will demand it to rectify within limited period; for enterprise that grows trees that block train driver’s view, municipal transportation administrative department will demand it to prune or transplant within limited period.
Passenger who violates Article40, paragraph 2 by throwing garbage to rails, elevated rails or tunnels will receiving warning from municipal transportation administrative department and he/she could be fined for less than RMB500.
Article 52 Passenger who interferes or does not allow law enforcement staff from municipal transportation administrative department and its affiliated law enforcement agencies or rail transit enterprises to carry out their duties, and who violates the could be sent to the police, for those whose deeds constitute a crime, their criminal liabilities will be pursued in accordance with relevant laws and regulations.
Article 53 Passenger who violates the Regulations and causes damage to rails shall receive administrative punishment and undertake liability of civil compensation.
For buildings and structures that are damaged due to rail transit construction or operation, rail transit enterprise could remedy or provide economic compensations to the owner of the buildings and structures according to the damage levels.
Article 54 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.
Chapter VI Supplementary Provisions
Article 55 The planning, construction, operation and management of Maglev transportation shall be subject to these Regulations.
Article 56 These Regulations shall take effect from January 1, 2014.