Article 1 In order to strengthen the safety management along the railway, ensure the safety and smoothness of the railway, and protect the safety of people and property, these regulations are formulated in accordance with the Railway Law of the People's Republic of China, Regulations on the Administration of Railway Safety and other laws and regulations, and in combination with the actual situation of this city.
Article 2 These Provisions are applicable to the safety management activities along the railway within the administrative region of this Municipality.
Article 3 The safety management along the railway in this city adheres to the principle of safety first, prevention first and comprehensive treatment, and implements the working principle of government overall planning, enterprise responsibility, department guidance and territorial guarantee.
Article 4 The people's governments of the areas along the railway shall make overall plans to improve the safety environment along the railway, coordinate major safety issues along the railway, and handle major problems encountered in the safety management along the railway according to law.
The township people's governments and sub district offices along the railway line shall implement the responsibilities related to the safety management along the railway line, strengthen the education to ensure the safety along the railway line, implement the responsibility of joint defense for road protection, prevent and stop acts endangering the safety along the railway line, coordinate and deal with matters related to the safety management along the railway line, and do a good job in the work related to ensuring the safety along the railway line.
Article 5 The railway supervision and administration organization established by the railway industry supervision and administration department under the State Council shall be responsible for the supervision and administration of safety along the railway within the administrative area of this city according to its duties, and investigate and deal with illegal acts endangering the safety along the railway according to law.
Article 6 The city has established and improved a comprehensive coordination mechanism for safety management along the railway, which is jointly participated by relevant government departments, railway supervision and management institutions and railway transport enterprises, and implemented the joint meeting system of Beijing for safety and environmental governance along the railway. The relevant departments of the people's governments at all levels along the railway shall, in accordance with their respective responsibilities, do a good job in ensuring railway safety according to law.
In accordance with the joint meeting system for safety and environmental governance along the railway in Beijing, the competent transportation department shall organize, coordinate and promote the safety and environmental governance along the railway in Beijing. Be responsible for the supervision and management of the safety protection of the roads, tracks and auxiliary bridges crossing and crossing the railway, and cooperate with the railway transport enterprises to solve the potential safety hazards in the parallel road sections of highways and railways. The district government may, according to the actual situation, designate departments to implement the joint meeting system for safety and environmental governance along the railway in the administrative region.
The department in charge of planning and natural resources shall be responsible for the supervision and management of the order of land use along the railway and the supervision and guidance of the prevention and control of geological disasters, and shall investigate and deal with illegal construction, illegal land occupation, illegal sand digging, illegal mining and other acts according to law.
The public security organs are responsible for maintaining public order along the railway.
The competent departments of housing and urban and rural construction shall be responsible for the supervision and administration of the quality and safety of construction projects along the railway according to law.
The competent urban administration department is responsible for the comprehensive improvement of the surrounding environment along the railway and the supervision and administration of the operation of municipal public infrastructure such as power supply, heat supply and gas.
The competent department of agriculture and rural areas is responsible for the rectification of potential safety hazards of agricultural planting facilities such as plastic greenhouses and farmland mulch along the railway, and promoting the environmental improvement of surrounding villages along the railway.
The competent emergency management department is responsible for the comprehensive supervision and management of work safety along the railway, guiding, coordinating and supervising the relevant departments of the people's government at the same level and the people's government at lower levels to perform their duties of work safety supervision and management, guiding and coordinating the relevant departments to respond to railway related natural disasters and work safety emergencies.
The competent landscaping department is responsible for guiding and supervising the forest fire prevention along the railway, the clearing of dangerous trees, and the remediation of safety hazards of light floating objects such as dust-proof nets and tarpaulins on the greening site.
The comprehensive administrative law enforcement agencies for urban management are responsible for guiding the sub district offices and the comprehensive administrative law enforcement teams of the township people's governments to investigate and deal with the illegal acts of the city appearance, environment, illegal construction and other aspects along the railway according to law.
The competent department of fire rescue shall be responsible for performing the duties of fire supervision and inspection along the railway according to law and doing a good job in fire emergency rescue.
The departments of development and reform, economy and informatization, water affairs, health, key station areas, earthquake, meteorology, etc. shall, in accordance with their respective responsibilities, do a good job in safety management along the railway.
Article 7 Railway transport enterprises should perform the main responsibility of railway safety production, do a good job in railway safety related work within the scope of railway land and railway line safety protection zone according to law, conduct regular patrols, maintenance and troubleshooting of hidden dangers along the railway line, and take timely measures to eliminate the found safety hazards according to law, if it is difficult to eliminate by itself, It shall timely report to the railway regulatory authority and the people's government of the relevant district for disposal according to law.
Article 8 Any unit or individual shall have the obligation to protect railway facilities and safety along the railway, and shall not commit any act endangering the safety along the railway.
Article 9 The safety environment management along the railway in this city implements the "double section long" working mechanism.
The people's governments of the districts along the railway, the people's governments of towns and villages, the sub district offices and the railway transport enterprises shall divide the road sections according to the principle of territorial management, and each of them shall designate a person in charge as the section chief, who shall be jointly responsible for organizing patrol inspection, consultation and other work, and timely troubleshooting and handling problems affecting the safety along the railway.
Article 10 The city has established and improved the responsibility system for railway protection and joint defense under the special mechanism for the coordination of safe railway construction, defined the responsibilities of the municipal, district, township people's governments and the relevant departments of the sub district offices for railway protection and joint defense, delineated the responsibility areas, done a good job in funding support, and implemented the responsibilities for railway protection and joint defense.
Article 11 The city should establish a railway safety management coordination and cooperation mechanism with Tianjin City and Hebei Province, coordinate major issues of regional railway safety management, build a safety management system of Beijing Tianjin Hebei regional information exchange, resource sharing and joint service linkage, and jointly maintain the safety along the railway.
Article 12 If the railway line safety protection zone has been demarcated and announced on both sides of the railway line, the relevant provisions shall be implemented according to law; If the railway line safety protection zone has not been demarcated, it shall be demarcated and announced in accordance with the scope and procedures specified in the Railway Law and the Regulations on the Administration of Railway Safety.
After the railway line safety protection zone has been demarcated and announced, the railway construction unit or railway transport enterprise shall do a good job in setting up markers for the railway line safety protection zone, and the people's governments at all levels along the railway, relevant units and individuals shall cooperate.
Article 13 If the railway line safety protection zone overlaps with the highway construction control zone, the rail transit safety protection zone, the river management range, the water conservancy project management and protection range, the channel protection range, or the oil, power and other important facilities protection zone, all relevant departments and units shall establish a safety protection communication linkage mechanism, formulate a safety protection plan, and implement safety protection measures.
Article 14 In the railway line safety protection zone, those who build bridges, culverts and roads that span, cross or parallel railways, lay pipelines or optical (electrical) cable facilities such as water supply and oil and gas transmission, erect power and communication lines, or carry out construction work such as geological drilling and pole and tower erection shall obtain the consent of the railway transport enterprise and sign a safety management agreement, Comply with relevant standards and construction safety specifications to ensure railway safety, and take measures to prevent affecting railway safety.
The railway transport enterprise shall announce the acceptance channels, handling conditions, handling procedures and time limit for the implementation of the construction operations mentioned in the preceding paragraph, and assign personnel to supervise the safety of the construction site. If the construction operations endanger the railway safety, the railway transport enterprise shall immediately stop them, and the relevant units and personnel of the facility construction industry shall take safety protection measures; If it is difficult to stop it, it shall timely report to the railway regulatory authority, the public security organ or the local people's government for handling according to law. When the situation is urgent and seriously endangers the railway safety, the railway transport enterprise may first take emergency measures, and the expenses incurred therefrom shall be borne by the responsible person.
Railway transport enterprises shall actively cooperate with relevant departments and units to carry out construction, inspection and maintenance of railway lines crossing or crossing.
Article 15 The law enforcement authorities shall investigate and deal with the illegal buildings and structures in the railway line safety protection zone according to law.
If the existing legal buildings and structures in the railway line safety protection zone endanger the safety of railway transportation due to their own reasons, the owners or managers of the buildings and structures shall take necessary safety protection measures to eliminate the impact on railway safety; If safety cannot be guaranteed after taking safety protection measures, it shall be handled according to law.
If the newly-built or reconstructed railway affects the existing legal buildings and structures in the railway line safety protection zone, the railway construction unit or railway transport enterprise shall take necessary safety protection measures to reduce the impact on the existing legal buildings and structures.
If the demolition of buildings and structures in the railway line safety protection zone, the clearing of plants in the railway line safety protection zone, or the restriction of the relevant legal rights that others have legally obtained in the railway line safety protection zone, causes losses to others, compensation shall be made or necessary remedial measures shall be taken according to law, but the demolition of illegally constructed buildings Structures and illegally planted plants are excluded.
Article 16 It is prohibited to set off fireworks, fireworks, burning straw, garbage and other materials that are easy to emit smoke, dust and waste gas in the railway line safety protection zone.
Article 17 For construction operations that may affect the safety of the railway tunnel, such as building new ponds, reservoirs, dikes, digging rivers and trunk canals, digging wells for water, drilling, and mining within 200m on both sides of the central line above the railway tunnel, a safety agreement shall be signed with the railway transport enterprise before the commencement of construction, and measures shall be taken to prevent the safety of the railway from being endangered.
Article 18 The people's government of the area along the railway shall specify the safety management department of the unguarded railway crossing, organize the supervision and management of the unguarded railway crossing, establish the safety management system of the unguarded railway crossing, and prevent the occurrence of railway crossing accidents.
Where it is necessary to build or rebuild railways and roads, priority shall be given to the installation of grade separation facilities. Relevant construction costs shall be borne in accordance with the Regulations on Railway Safety Management.
The relevant departments of the municipal people's government, the district people's government and the railway transport enterprises should actively promote the closure of the existing railway and road level crossings and the reconstruction of grade separation.
Article 19 Where facilities such as poles, towers and chimneys are installed on both sides of a railway line, cranes, tower cranes and other equipment are operated, or trees and other plants are planted, the safety distance specified in national standards, industrial standards and other provisions shall be met. The owner or manager of such facilities shall take protective measures to prevent them from invading the railway construction clearance after lodging. If the safe distance is not met, the owner or manager shall trim, remove, dismantle or cut down.
For light objects such as color steel tiles, asbestos tiles, resin tiles, simple houses, plastic films, plastic greenhouses, dust-proof nets, billboards, and other places within 500 meters on both sides of the railway line, as well as waste purchase stations (points), open-air waste disposal points and other places, their owners or managers should take effective safety protection measures such as wind reinforcement, Do a good job in daily management, maintenance, cleaning and recovery to prevent the safety along the railway from being endangered under bad weather conditions.
The railway transport enterprise shall strengthen the patrol inspection along the railway. If it finds that the owner or manager mentioned in the preceding paragraph has not taken measures to eliminate the potential safety hazards according to the provisions, it shall timely inform the owner or manager to take measures to eliminate the potential safety hazards. If the owner or manager refuses or neglects to dispose, the railway transport enterprise shall timely report to the local people's government for disposal according to law. In case of emergency, the railway transport enterprise may first take emergency measures, and the expenses incurred therefrom shall be borne by the owner or manager.
Article 20 It is forbidden to fly kites, balloons, Kongming lanterns and other low altitude floating objects within 500m on both sides of the railway power line conductors.
It is prohibited to illegally carry out flight activities within 100 meters on both sides of high-speed railway power line conductors and 50 meters on both sides of ordinary railway power line conductors. If it is really necessary to carry out the above flight activities due to security, emergency rescue, on-site investigation, construction operations, meteorological observation, etc., relevant procedures shall be handled according to law and regulations, necessary safety protection measures shall be taken, and railway transport enterprises shall be notified in advance.
Article 21 The construction and establishment of places and warehouses for the production, processing, storage or sale of inflammable, explosive or radioactive materials and other dangerous goods on both sides of the railway line shall meet the safety protection distance specified in the national standards and industrial standards. If the built sites and warehouses do not meet the specified safety protection distance, they shall be rectified. If it is necessary to change production, stop production, move or close them, they shall be organized and implemented according to law.
Article 22 Railway transport enterprises shall formulate emergency plans for emergencies in accordance with regulations and organize emergency drills. In case of railway safety emergencies, they shall launch emergency plans in accordance with regulations and do a good job in handling railway safety emergencies. The emergency plans of railway transport enterprises for emergencies shall be connected with the relevant emergency plans of the municipal and district people's governments.
When public safety, public health, accidents, disasters, natural disasters and other emergencies occur at railway stations and along the railway lines, railway transport enterprises shall report to the municipal or district people's governments in a timely manner in accordance with regulations and take early measures to deal with them. The municipal and district people's governments shall, in accordance with regulations, launch emergency plans at corresponding levels and organize emergency rescue.
Article 23 During railway transportation peak periods such as legal holidays, traditional holidays and student holidays, during major national activities and under adverse weather conditions, railway transportation enterprises shall take necessary safety emergency management measures, strengthen railway transportation safety inspection, service guarantee, sanitation and epidemic prevention, and cooperate with relevant government departments to do a good job in comprehensive management of station areas, traffic facilitation and other work; The people's governments at or above the district level along the railway line shall, as required, launch an emergency coordination mechanism to ensure safety.
Article 24 Under any of the following circumstances, relevant information shall be incorporated into the public credit information service platform of this city according to law:
（1） Those who engage in activities endangering railway transportation safety along the railway without authorization and are punished according to law;
（2） Those who, in violation of the relevant provisions on safety protection distance, build or set up places or warehouses for the production, processing, storage or sale of inflammable, explosive or radioactive materials and other dangerous goods on both sides of the railway line;
（3） Performing other acts that seriously endanger the safety along the railway.
Article 25 In case of violation of these Provisions and the provisions of laws and administrative regulations on handling such violations, such provisions shall prevail.
Article 26 Any violation of Article 16 of these Provisions shall be investigated and dealt with by the relevant law enforcement department of the local government.
Article 27 In case of violation of the provisions of Article 17 of these Provisions, the railway regulatory authority and the planning natural resources and water affairs department shall, according to their administrative authority, order them to stop the illegal act, restore the original state within a time limit or order them to take necessary safety protection measures. If they refuse to correct, they may be fined not more than 100000 yuan.
Article 28 Those who violate the provisions of Article 20 of these Provisions and commit acts endangering railway safety shall be ordered by the public security organ to make corrections, fined not less than 10000 yuan but not more than 50000 yuan to the unit, and fined not less than 500 yuan but not more than 2000 yuan to the individual.
Article 29 These Provisions shall come into force as of April 15, 2023.
