Your request for instructions on issues related to the establishment of checkpoints on the main roads in expressway (No.609 [2004] of your bureau) has been received. After consulting the the State Council State Council Office for rectifying the situation and the Ministry of Public Security, we hereby reply as follows:

1. Notice of the State Council Municipality on Prohibiting Stations, Checkpoints, Checkpoints, Fines and Charges on Highways (Guo Fa C 1 994) No.41) clearly stipulates that public security departments can set up checkpoints on highways, and traffic departments can set up vehicle toll stations at necessary intersections, bridges, ferries and tunnels. In addition to the above departments, no other department, unit, organization or individual may set up any form of checkpoint or toll station on the highway, and may not intercept vehicles for inspection, fines or charges. At the same time, according to the provisions of the Law on Animal Epidemic Prevention and the Notice of the General Office of the State Council on Issues Related to Controlling Motor Vehicle Charges and Rectifying Highway Stations (Guo Ban Fa [2002] No.31), when a major animal epidemic occurs, with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, temporary animal epidemic prevention supervision and inspection stations can be set up on highways to carry out supervision and inspection tasks. Moreover, temporary animal epidemic prevention supervision and inspection stations should be set up in combination with existing highway toll stations or inspection stations as far as possible, and must be removed immediately after the epidemic situation is lifted.

Second, regarding the inspection of stations in expressway, Article 69 of the Road Traffic Safety Law clearly stipulates that no unit or individual may stop and inspect the running vehicles in expressway except the people's police of the public security organ performing emergency duties according to law. The Highway Law stipulates that highway supervisors and inspectors can supervise and inspect highways, building control areas and vehicle parking places according to law. The Regulation on the Management of Toll Roads stipulates that toll stations shall not be set up on the main lines of expressway and other closed toll roads except the entrances and exits at both ends. However, it is really necessary to set up toll stations between provinces, autonomous regions and municipalities directly under the Central Government. Therefore, according to the provisions of relevant national laws and regulations, except for the above, no other unit or individual may stop to check and set up various toll stations and checkpoints on the main roads and other closed roads in expressway, so as to ensure the rapid and smooth traffic and traffic safety in expressway.

3. According to the Notice of the State Council on Prohibiting Setting Up Stations and Checkpoints in expressway (Guo Fa C1994No. 4L4L), all kinds of checkpoints set up in expressway must perform their duties and tasks in strict accordance with the law. Shall not engage in activities that do not conform to the provisions of the state outside the scope of duties and tasks. At the same time, according to the Regulations on the Management of Toll Roads and the relevant laws and regulations of the state, except for the service area, no other unit or individual may engage in business activities such as catering, accommodation and automobile maintenance in expressway and other closed roads without approval, and may not illegally interfere with the management of toll roads in any form, infringing on the legitimate rights and interests of highway managers.

Attachment: Request for Instructions on Issues Related to Setting Checkpoints on Main Roads in expressway (Xiang Guan Zi [2004] No.609).

ministry of transport of the people's republic of china

2004 65438+ February 65438+ May

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