Railway Law of the People's Republic of China (2015Amendment)

Railway Law of the People's Republic of China (2015Amendment) Railway Law of the People's Republic of China (Adopted at the 15th Meeting of the Standing Committee of the Seventh National People's Congress on September 7, 1990, amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Some Laws adopted at the tenth meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; and amended for the second time in accordance with the Decision on Amending the Five Laws Including the Compulsory Education Law of the People's Republic of China adopted at the 14th Session of the Twelfth National People's Congress on April 24, 2015) Contents Chapter I General Provisions Chapter II Railway Transport Business Chapter III Railway Construction Chapter IV Safety and Protection of Railways Chapter V Legal Responsibility Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated for the purpose of ensuring smooth progress of railway transport and railway construction in order to meet the demands of socialist modernization and people's livelihood. Article 2 Railways as referred to in this Law include State railways, local railways, industrial railways and railway private sidings. State railways refer to the railways administered by the competent department in charge of railways under the State Council. Local railways refer to the railways administered by local people's governments. Industrial railways refer to the railways administered by enterprises or other units to provide in-house transport services. Railway private sidings refer to the branch railway lines which are administered by enterprises or other units and are connected to a State railway line or any other railway line. Article 3 The competent department in charge of railways under the State Council shall be responsible for railway affairs throughout the country, implement over the State railway network a transport control system which is highly centralized and under unified command, and shall provide guidance for, coordination among, supervision over and assistance to local railways, industrial railways and railway private sidings. A State railway transport enterprise shall perform the administrative functions as authorized by relevant laws and administrative rules and regulations. Article 4 The State shall focus its effort on the development of State railways and provide substantial aid and support to the development of local railways. Article 5 A railway transport enterprise must adhere to the socialist orientation in operation and management, pursue the aim of serving the people, improve operation and management, better the work style, and enhance the transport service quality. Article 6 Citizens shall have the obligation to take good care of railway installations. Damage to railway installations and disruption of normal railway traffic shall be prohibited. Article 7 Local people's governments at various levels along the railway lines shall assist the railway transport enterprises in ensuring safe and uninterrupted railway traffic, good social order at stations and on trains, intactness of railway installations, and smooth progress of railway construction. Article 8 Regulations governing the technical operations of State railways shall be formulated by the competent department in charge of railways under the State Council, while rules governing the local railways and industrial railways shall be drawn up with reference to the regulations governing the technical operations of State railways. Article 9 The State shall encourage scientific and technological research on railways in order to heighten their scientific and technical level. Any unit or individual that has achieved outstanding results in such research shall be awarded. Chapter II Railway Transport Business Article 10 All railway transport enterprises shall guarantee safe transport of passengers and goods and punctual train arrivals. Article 11 A railway transport contract shall be an agreement in which the mutual rights and obligations between the railway transport enterprise and the passenger(s) or shipper(s) are defined. A passenger ticket, a luggage, parcel or goods consignment note shall represent a contract or a constituent part of a contract. Article 12 A railway transport enterprise shall ensure the passenger of riding on a train of the number and on the date stated on the passenger's ticket, and of arriving at the destination stated on the same ticket. In case of the passenger being unable to ride on the train of the number and on the date stated on the passenger's ticket owing to the liability of the railway transport enterprise, the said enterprise shall, as requested by the passenger, refund the total sum of the ticket fare or make arrangements for the passenger to ride on another train to the same destination. Article 13 A railway transport enterprise shall take effective measures to serve the passengers well in a courteous, attentive, warm and cultured manner, keep the station premises and passenger cars clean and sanitary, provide boiled drinking water and good catering services on the train. A railway transport enterprise shall take measures to protect the environment along railway lines from pollution. Article 14 Any passenger boarding a train shall hold a valid passenger ticket. Any passenger riding on a train without a ticket or with an invalid ticket shall pay the ticket fare on the train plus such additional charges as specified in relevant railway regulations; the railway transport enterprise may order any passenger who refuses to do so to leave the train. Article 15 The State railways and local railways shall plan the goods transport on the principle of promoting production and invigorating circulation. Priority in transport shall be given to materials for emergency rescue or disaster relief and other goods and materials that warrant such priority according to relevant regulations of the State. Where goods and materials to be carried by local railways need to be carried by State railways, the transport plan therefore shall be incorporated in the transport plan of State railways. Article 16 A railway transport enterprise shall carry the goods, parcels and luggage to their destinations in observance of the time limit stipulated in the contract or within the time limit prescribed by the competent department in charge of railways under the State Council. For any overdue goods, parcel, or luggage, the railway transport enterprise shall be liable to indemnity for breach of contract. In case a railway transport enterprise fails to deliver the goods, parcels or luggage to their consignee or owner passenger after thirty days in excess of the time limit, the shipper, consignee or passenger concerned shall be entitled to claim compensation for loss from the railway transport enterprise. Article 17 A railway transport enterprise shall be liable to pay compensation for loss, short-delivery, deterioration, contamination, or damage that might have occurred to the shipped goods, parcels or luggage as of the moment the railway transport enterprise undertakes the conveyance until the moment of their delivery. (1) Any shipper or passenger who has voluntarily applied for insured transport of valued articles shall be entitled to an indemnity on a par with the actual loss but not exceeding the insured value. (2) Indemnity for goods conveyed not in the manner of insured transport of valued articles shall be on a par with the actual loss but not exceeding the liability limit laid down by the competent department in charge of railways under the State Council. If the loss is caused by deliberate action or grave fault on the part of the railway transport enterprise, the above-stated liability limit shall not apply but the indemnity shall be made in conformity with the actual loss. Any shipper or passenger may, on voluntary basis, buy insurance policy for transport of goods at an insurance agency and the insurance agency shall be liable for indemnity in conformity with the agreement as stated in the insurance contract. Any shipper or passenger may, on voluntary basis, enter into insured transport of valued goods or buy insurance policy for transport of goods, or may do without. No shipper or passenger shall be compelled in any manner to enter into insured transport or buy transport insurance policy. Article 18 A railway transport enterprise shall not be liable to indemnity for any loss, in relation to goods, parcels or luggage, caused by the following reasons: (1) Force majeure. (2) Natural property of the goods or articles contained in the parcel or luggage, or natural wear and tear. (3) Fault on the part of the shipper, consignee or passenger concerned. Article 19 Any shipper shall truthfully fill in the goods consignment note, and the railway transport enterprise shall be authorized to check the description, weight and quantity of the goods and parcels as written on the note. Upon check-up, if the reported disagrees with the real contents, the shipper shall pay for the check-up expenses; if the reported agrees with the real contents, the check-up expenses shall be borne by the railway transport enterprise, and any damage incurred from the check-up with the contents of the goods or parcels as a result of the check shall be compensated for by the same enterprise. Any deficiency in payment of transport charges and other fees as a result of untrue declaration of the goods shipped shall be made up by the shipper concerned, and the railway transport enterprise shall, according to the relevant regulations of the competent department in charge of railways under the State Council, collect from the shipper extra transport charges and other fees. Article 20 Goods consigned for shipment that need packing shall be packed by the shipper in conformity with the national standards for packing or the trade standards for packing; where both these standards are lacking, the shipper shall pack the goods properly so that the goods would not suffer any damage due to improper packing. A railway transport enterprise shall, with regard to the perishable goods and living animals the shipment of which it has undertaken, in accordance with the relevant regulations of the competent department in charge of railways under the State Council and the contracted agreement. Article 21 Upon the arrival of shipped goods, parcels or luggage, the relevant consignee or passenger shall claim them in time in observance of the time limit set by the competent department in charge of railways under the State Council and at the sam......