Re: Motorbikes / Expressways
各地地方性政策对于摩托车上高速有偏差
值得关注的是有部分省份是有地方法规, 禁止摩托车上高速,如果你在上高速公路的时候没有禁止摩托车行驶的标志就应该可以上高速。依据道路交通安全 法二轮摩托车(以下简称摩托车)是可以上高速公 路的,起码国家法律、行政法规、部门规章都是明确准许上高速公路的,只是多数省、自治区、市的地方性法规禁 止摩托车上高速公路行驶,于是便引发了国家法律 与地方性法规的法律冲突现象。具体表现分为如下四种形式:
Discussion concerning local policies for high-speed motorcycle Expressway access.
It is noteworthy that there are some provinces that passed local regulations which prohibit motorcycle access to Expressways, if you're on a motorcycle on the Expressway that does not expressly prohibit motorcycles it would seem logical then that a high-speed motorcycle should be able to travel on that Expressway. In accordance with the China Road Traffic Safety Law, two wheeled motorcycle (hereinafter referred to as motorcycles) is on the Expressway, at least, national laws, administrative regulations, departmental rules and regulations are expressly permitted on the Expressway. However the majority of provinces, autonomous regions, municipalities and local regulations prohibit the entry and riding of a high-speed motorcycle on Expressway(s), consequently a motorcyclist raised the legal conflict concerning national laws and local road/highway regulations. Specific discussion is divided into the following four paragraphs with relevant regulatory framework:
1.允许摩托车上高速公路的地方性法规
《新疆维吾尔自治区实施中华人民共和国 道路交通安全法办法》(2007年3月30日经新疆维吾尔自治区第十届人民代表大会常务委员会第二十九次会 议审议通过,自2007年10月1日起实施)第 80条第12款指出:“载货汽车车厢载人及二轮摩托车载人的,处200元罚款。”《大连市实施中华人民共和 国道路交通安全法办法》第74条第13款指出: (禁止)“在高速公路上学习驾驶机动车或两轮摩托车在高速公路上载人的。”
1. local regulations outright ban motorcycle access to Expressway(s)
Dalian
Xinjiang Uygur
'Xinjiang Uygur Autonomous Region People's Republic of China Road Traffic Safety Measures' (March 30, 2007 by the General Assembly of the Tenth People's Congress Standing Committee of the Xinjiang Uygur Autonomous Region 29th meeting examined and adopted, since October 1, 2007 onwards implementation) Article 80, paragraph 12, states: 'Truck car and motorcycle banned fine: 200 yuan.'
'Road Traffic Safety Law of People's Republic of China in Dalian approach' Article 74, paragraph 13 that: (disabled), 'learning to drive a motor vehicle on a Expressway or a motorcycle use on the Expressway are banned.'
2.委婉允许摩托车上高速公路的地方性法规
《天津市高速公路路政管理规定》是由1997年7月9日市人民政府发布,2004年6月30日根据市人民政 府《关于修改的决定》修订公布的,并自2004 年7月1日起施行。该规定通篇回避了“摩托车上高速公路”这个敏感话题,甚至连“摩托车”三字都没有。据此 理解,摩托车在天津市范围内是可以上高速公路 的。类似这样的地方性规定还有《吉林省高速公路管理办法》、《安徽省高速公路管理条例》、《江西省高速公路 管理条例》、《北京市实施高速公路交通管理办法 的若干规定》、《山西省高速公路管理条例》、《广东省高速公路管理条例》、《河北省高速公路交通管理规定》 、《青海省实施中华人民共和国道路交通安全法办 法》等。这类地方性法规的一个共同特点,就是回避“摩托车上高速公路”这个敏感问题,采用委婉适用国家法律 的做法,起码在法律层面不与上位法相抵触。
2. 'Tactful' allowance by local regulatory authorities to high-speed motorcycle access to Expressway(s)
Anhui
Guangdong
Hebei
Jiangxi
Jilin
Qinghai
Shanxi
Tianjin
'Tianjin Expressway Management Regulations' issued July 9, 1997 Municipal People's Government, June 30, 2004 under the Municipal People's Government 'Decision on Revising the' revision published, July 1, 2004 since implementation. This provision throughout avoided 'Expressway motorcycle access' deemed this a sensitive topic, even 'motorcycle,' are not referred to. Accordingly it is understood motorcycle access in Tianjin to the Expressway. Like this local regulations as well as 'Jilin highway management approach', 'Anhui Expressway Management Regulations', 'Jiangxi Provincial Expressway regulations', 'Beijing to implement several provisions of highway transportation management approach,' ' Shanxi Province Highway Management Regulations ',' Guangdong Provincial Expressway Management Regulations ',' Hebei highway traffic regulations ',' Qinghai Province People's Republic of China Road Traffic Safety Law approach,' etc. A common feature of these local laws and regulations, is to avoid 'highway motorcycle' (deemed a sensitive issue), the use of euphemism applicable national law practice, at least not in conflict with the law at the legal level.
3.禁止摩托车上高速公路的地方性法规
(广西壮族自治区高速公路管理办法) 第35条指出:“禁止行人, 非机动车, 拖拉机, 摩托车, 电瓶车, 全挂车, 教练车, 实习车, 轮式专用机械 (高速公路养护车辆除外) 以及设计最大时速低于70公里的机动车进入高速公路. 进入高速公路造成交通事故的, 由其承担一切责任.
类似的地方性法规还有 (湖南省高等级公路管理条例), (贵州省高等级公路管理条例), (云南省高等级公路管理条例), (青海省高等级公路管理办法), (山东省高速公路条例)等.
而(浙江省高速公路运行管理办法) (省政府2005年7月7日第42次常委会议审议通过, 自2005年9月1日起施行) 第24条第3款明确指出: "禁止摩托车, 拖拉机, 农用运输车, 电瓶车, 轮式专用机械车, 全挂牵引车进入高速公路." (吉林省高速公路管理办法) 第5条指出: "禁止一切行人, 非机动车, 拖拉机, 轻便摩托车, 学习车, 教练车以及持续时速低于五十公里的其他机动车在高速公路上通行."
(湖北省高等级公路管理条例) 第22条指出: “高等级公路上除清扫和养护人员外,禁止行人、非机动车、拖拉机、轻便摩托车、电瓶车、履带车、铁轮车、教 练车以及明确限制上路的其他机动车辆通行。”
另外,一些专门的高速公路也出台了相应的管理办法,比如《山东省济青高速公路管理办法》(山东省人民政府令 第46号)第十六条指出:“禁止行人、非机动 车、拖拉机、摩托车(公安机关执行紧急任务的除外)、电瓶车、履带车、轮式专用机械车(高速公路的养护车辆 除外)以及设计最大时速小于70公里的机动车进 入高速公路。”而《苏嘉杭高速公路管理办法》干脆回避了摩托车是否可以上高速公路行驶这个敏感 问题。
3. Local regulation(s) prohibit motorcycle access to Expressway
Guangxi Zhuang
Guizhou
Hubei
Hunan
Jilin
Qinghai
Shandong
Shandong Jinan-Qingdao
Zhejiang
'Guangxi Zhuang Autonomous Region Expressway/Highway management approach' Article 35 states: 'Prohibition of pedestrians, non-motor vehicles, tractors, motorcycles, car batteries, (except highway maintenance vehicles) trailer, coach cars, internships vehicles, wheeled machinery and maximum design speed <70km/h of vehicle access to the Expressway. Entry to the Expressway by banned vehicles that cause accidents shall bear full responsibility for such accidents. Similar local laws and regulations as well apply to 'Hunan highway management regulations', 'Guizhou highway regulations', 'Yunnan highway regulations', 'Qinghai highway management approach', 'Shandong Province highway regulations.'
'Zhejiang Expressway Operation and Management' (provincial July 7, 2005 42nd meeting of the Standing Committee examined and approved, went into effect September 1, 2005) Article 24, paragraph 3, clearly states: 'ban motorcycles , tractors, agricultural vehicles, electric vehicles, wheeled mechanical vehicles, trailer truck entering the Expressway '' Jilin highway management approach 'Article 5 states:.' prohibit all pedestrians, non-motor vehicles, tractors, mopeds, driving school car, coach car and other vehicles with top speed <50km/h forbidden access to the Expressway traffic.'
'Hubei highway regulations,' Article 22 states: 'In addition to the highway cleaning and maintenance staff, prohibit pedestrians, non-motor vehicles, tractors, mopeds, electric vehicles, tracked vehicles, iron wheel car, coach car and a clear limit on the road of other motor vehicle traffic.'
In addition, some special highway also introduced the appropriate management practices, such as 'Shandong Province, Jinan-Qingdao Expressway Management Measures' (Shandong Provincial People's Government No. 46), Article XVI states: 'Prohibition of pedestrians, non-motor vehicles, tractors, motorcycles (except for emergency duties of the public security organs), electric vehicles, tracked vehicles, wheeled mechanical vehicles (except for highway maintenance vehicles) and the maximum design speed of the vehicle < 70km/h banned from using the Expressway. 'Also' Sujiahang highway management approach 'altogether avoided referring to 'motorcycle' on the Expressway as deemed to be a sensitive issue.
4.部分省市回避摩托车上高速问题
比如有福建省、陕西省、天津市、上海市、重庆市、西藏自治区等,在这些省、市、自治区中,没有制定地方性有 关道路交通安全法(尤其是高速公路法律)的实施办法,因而可以理解为直接套用国家法律、行政法 规。
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4. Some provinces avoid referring to motorcycle Expressway access.
Chongqing
Fujian
Shaanxi
Shanghai
Sujiahang (paragraph 3 above)
Tianjin
Tibet
Fujian, Shaanxi, Tianjin, Shanghai, Chongqing, Tibet; in these provinces, municipalities and autonomous regions, there is no development of local law on road traffic safety (especially Expressway law) implementation concerning motorcycles, which can be understood that in such jurisdictions the default would be to the national laws and administrative regulations as they pertain to high-speed motorcycles. Therefore it would be reasonable to expect that high-speed motorcycles could access/ride on Expressways in these provinces;
'Tencent Car'©.
Source
Re: Motorbikes / Expressways
This is great news. I've used the expressways several times here in Guangdong, either entering at areas that are unmanned, or, after a minute of arguing, proceeded to blast around the barrier and go on anyway. Usually when exiting, getting reprimanded after a phone call to a supervisor, and warning not to do it again, allowed to pass through without paying. I was required to pay twice though, once with no reprimand/warning. It has been at least several months since I've tried it, but I've heard encouraging stories recently. Time to test it out again I suppose. It really makes a big difference in some cases - avoiding the crap traffic and the awful, dirty, potholed, under perpetual construction, national roads. Good news!
The Pope
Re: Motorbikes / Expressways
I an planning a trip and would appreciate it if someone with recent local experience could clarify which of the following provinces allow motorcycles on expressways:
- Anhui
- Beijing (This is the only one I know for sure is allowed)
- Chengdu
- Guangxi (prohibited according to above)
- Guizhou
- Hebei
- Hubei (Prohibited according to above)
- Hunan (Prohibited according to above)
- Jiangxi
- Shaanxi
- Shandong (Prohibited according to above)
- Shanghai
- Shanxi
- Tianjin (I believe allowed - but how about in the inner city?)
- Yunnan
- Zhejiang (Prohibited according to above)
Of course others may be interesed in an update on provinces not in this list
Re: Motorbikes / Expressways
NO province allows riding moto on expresswaysnd there is no price posted at the entrance for motos
Though the law is written that a single rider is allowed means nothing
Re: Motorbikes / Expressways
Quote:
Originally Posted by
kikikillercat
NO province allows riding moto on expresswaysnd there is no price posted at the entrance for motos
Though the law is written that a single rider is allowed means nothing
That is not correct. Beijing does allow motorcycles on the expressways, no problem whatsoever. Possibly it is the ONLY province to allow it but I doubt it. The list above from bikerdoc says that it is permitted in the following provinces:
Anhui
Guangdong
Hebei
Jiangxi
Jilin
Qinghai
Shanxi
Tianjin
probably, at least a some of these provinces actually do allow motorcycles. I am sure I have read in this forum that Tianjin allows motos.
I am looking for riders who have direct experience with any specific provinces, preferably this year (as things change). Some of the provinces I want to visit are not on Bikerdoc's translated list and besides, it would be good to have a list of provinces that are confirmed by experience to be allowed or not allowed. The above lists translated by bikerdoc are quite vague. There is nothing vague about Beijing expressway riding - it is simply allowed, the only limitation being parts of the city being off limits to motorcycles without a "A" plate - but that is a different restriction.
I see you are from Guilin so I will take your reply as confirmation that it is not permitted in Guangxi province (as stated in bikerdocs translation above)
Re: Motorbikes / Expressways
Quote:
Originally Posted by
ShuBen
Just at weekend met a guy coming on regular base from Dalian/ Liaoning via expressway. He said they can enter there.
Sent from my HUAWEI P7-L07 using Tapatalk
Great, there's one more province we know about now. Thanks Bernhard
Re: Motorbikes / Expressways
Quote:
Originally Posted by
billeuze
Great, there's one more province we know about now. Thanks Bernhard
Please ask your friend if the price for motos was posted at the entrance. I assume they gave him a card when he entered and paid on his way out???
Hainan not allowed but there are no toll gates there! Guanxi not allowed as with Yunnan. Ningbo and Taizhou area not allowed.
Riding in Guangdong down to Hainan not allowed.
Expressway are boring and dangerous but the better choice when compared to bad roads and travel time.
cars dont like you there and they get angry, big trucks dont seem to mind but take up most of the road at night and throw out dirt and heat.
gas stations on expressway may refuse to sell gas to moto....so make sure you have a gas card so you can do it yourself.:gun_bandana:
Re: Motorbikes / Expressways
Lot of talk about toll roads I see ?
IMO.
First of all I think I have done my fair amount of riding ALL over China now .
This is my 10 cents who cares a shit if you are or not allowed on the Toll road, just go on and don't stop for no one police as well there are to lazey to chase you and it best to pick a out off town entry point.
Tolls road are much safer then all the other roads in China for 1 main reason alone.?
ALL THE CARS ARE GOING IN THE SAME DIRECTION ?
Yes I agree some of the best senic rides I have done in China have not been on Toll roads .
Never been refussed petrol at pumps at all never had problems with other cars/truks/buses ect .
And have only had problems when I had to pass thru a Toll gate at a Province change.
I love the expresswsys when I need to travel fast or I know if I not on the expresswsy then my life would be in great risk riding other roads so for me it's a no brainer use the expresswsys when it's suits you.
Prices for motorbikes on the expresswsys are the same as a car?
Best to fill up your tank with some petrol spare and try and pick a service station near a exit point just in case you do get refussed petrol.
Then just jump off fill up and jump back on again .
Hoilerday times when tolls roads are free IMO is the best time to use them but be prepared for roads will extra traffic, I normal leave before the free toll starts and then time my trip so I hit the province toll gate at 11.45 pm and wait untill the toll is free and then you have a good 6 more hours on the toll roads before it gets busy?.