(Licence)
Article 47. Any person who intends to manage a motor road business shall obtain the licence of the Ministers of Transportation and Construction.
2 The licence of a motor road business shall be granted with regard to a route.
3 The licence of a motor road business may be granted with limited kinds of passing motor vehicles.
(Application for Licence)
Article 48. Any person who intends to obtain the licence for motor-road business shall submit an application on which the matters enumerated below are entered to the Ministers of Transportation and Construction:
(1) Route under contemplation;
(2) Business plans to be fixed by the Ministerial Ordinance;
(3) Reason necessitating the management of the proposed business for transportation;
(4) Whether the construction work for the commencement of the proposed business is necessary or not.
2 Any person who intends to obtain the licence with limited kinds of passing motor vehicles in accordance with the provisions of paragraph 3 of the preceding Article shall, besides the matters enumerated in the preceding paragraph, enter in the application the kinds of motor vehicles which shall be allowed to pass.
3 Papers on which are entered the route-map and facilities for business, estimate of business income and expenditure of general motor road and other matters fixed by the Ministerial Ordinance shall be attached to the application.
4 The Ministers of Transportation and Construction may require the applicant to submit the copy of commercial register and other necessary papers besides those provided for in the preceding three paragraphs.
(Licensing Standards)
Article 49. The Ministers of Transportation and Construction shall, when they received the aplication provided for in the preceding Article, examine whether the application meets the following items on not
(1) That the commencement of the proposed business augments the public convenience;
(2) That the selection of the route of the proposed business meets the purpose of the management of the proposed business;
(3) That the scale of the proposed general motor road meets the volume and nature of traffic demand in the area concerned;
(4) That the applicant possesses sufficient ability to properly execute the proposed business;
(5) Other than those enumerated in each of the preceding items, the plan of the proposed business is pertinent to the execution of longterm management of the proposed business.
2 The Ministers of Transportation and Construction shall, upon examination in conformity with the provisions of the preceding paragraph, when it is deemed that the application meets the standards referred to in the same paragraph, grant licence of the motor road business except in the following cases:
(1) When any person who intends to obtain the licence, with respect to whom two years have not elapsed after he, having been sentenced to punishment of penal servitude or imprisonment without hard labor of one year or more, has completed the execution of penalty or has been remitted therefrom;
(2) When any person who intends to obtain licence is a person with respect to whom two years have not elapsed after the day. of the cancellation of the licence of motor road business;
(3) When any person who intends to obtain licence is a minor without the same capacity as a major concerning the management of business or an incompetent person, when his legal representative is a person coming under any one of the preceding two items;
(4) In the case where the person who intends to obtain the licence is a juridical person, when any executive member of that juridical person is a person coming under any one of the preceding three items.
(Execution of Construction Work)
Article 50. Any person who has obtained the licence of motor road business (hereinafter referred to as "motor road operator" ) shall fix the design of construction work as to the construction and facilities of a general motor road, and apply for the authorization of the execution of construction work within the period to be designated by the Ministers of Transportation and Construction;provided, however, that this shall not apply when no construction work is necessitated for a general motor road to be served for the proposed business.
2 The Ministers of Transportation and Construction shall, when the application referred to in the preceding paragraph was made, give authorization referred to in the preceding paragraph by designating the period of the commencement and completion of construction work, except in cases where it is deemed that the design of construction fails to meet the business plans and the standards provided for in the next Article.
3 The Ministers of Transportation and Construction may, when the application for authorization could not be submitted within the period referred to in paragraph 1 on account of natural calamity or other unavoidable reasons, extend the period when the application is made therefor.
(Technical Standard of a General Motor Road)
Article 51. A general motor road shall not be so constructed as to form a level crossing with a road, a railway or a tramway;provided, however, that this shall not apply in cases where traffic volume is scarce or special reasons exist, where facilities fixed by Ministerial Ordinance are provided.
2 A general motor road shall be subject to technical standards fixed by the Ministerial Ordinance as to such construction and facilities as its width, gradient, curve, sight distance, communication facilities, etc.
(Commencement of Construction Work)
Article 52. Motor road operators shall, when they obtained the authorization for the execution of the construction work, commence the construction work of the general motor road within the period for the commencement of the construction work referred to in Article 50 paragraph 2.
2 The provisions of Article 50 paragraph 3 shall apply mutatis mutandis to the period referred to in the preceding paragraph.
3 Motor road operators shall, when they commenced the construction work referred to in paragraph 1, report to that effect to the Ministers of Transportation and Construction without delay.
(Public Notification of Routes, etc.)
Article 53. The Ministers of Transportation and Construction shall, when they have authorized the execution of construction work of a general motor road in accordance with the provisions of Article 50 paragraph 1, make public notification of routes, width and other matters fixed by the Ministerial Ordinance.
(Alteration of the Design of Construction Work)
Article 54. Motor road operators shall, when they intend to alter the design of construction work, obtain the authorization of the Ministers of Transportation and Construction;provided, however, that this shall not apply as to the alteration of the design of trifling construction work fixed by the Ministerial Ordinance, such as the extension of the width of road shoulder, etc.
2 The Ministers of Transportation and Construction shall, except in cases where it is deemed to come to fail, as the result of the alteration of design of construction work, to meet the business plans and the standards referred to in Article 51, give authorization referred to in the preceding paragraph.
3 Motor road operators shall, when they altered the design of the construction work referred to in the proviso to paragraph 1, report to that effect without delay to the Ministers of Transportation and Construction.
(Order for the Alteration of Design of Construction Work)
Article 55. The Ministers of Transportation and Construction may, when it is deemed that there is any apprehension of causing difficulty to the passing of motor vehicles as the result of the happening of condition which could not be foreseen at the time of the authorization of the execution of construction work referred to in Article 50 paragraph 1, during the execution of the construction work, order the alteration of the design of construction work.
(Completion of Construction Work)
Article 56. Motor road operators shall complete the construction work of a general motor road within the period of the completion of the construction work referred to in Article 50 paragraph 2.
2 The provisions of Article 50 paragraph 3 shall apply mutatis mutandis to the period referred to in the preceding paragraph.
(Completion Inspection of Construction Work and the Commencement of Opening to Use)
Article 57. Motor road operators shall, when the construction work of a general motor road is completed, undergo the inspection of the Ministers of Transportation and Construction without delay.
2 The Ministers of Transportation and Construction shall, after inspection referred to in the preceding paragraph, when it is deemed that the construction and facilities of the general motor road concerned meet the design of construction work referred to in Article 50 paragraph 1 (the altered ones, when there was any alteration under the provisions of Article 54 or Article 55), and besides, meet the business plans and the standards referred to in Article 51 as to the parts which necessitated no construction work, decide it as passed.
3 Motor road operators shall, when the general motor road was decided as passed after inspection thereof referred to in the preceding paragraph, commence the opening to use thereof without delay.
4 Motor road operators shall, when they commenced the opening to use of general motor road, report to that effect to the Ministers of Transportation and Construction without delay.
(Inspection of Construction and Facilities and Commencement of Opening to Use)
Article 58. Motor road operators shall, when the construction work of a general motor road is not necessary, undergo the inspection of the Ministers of Transportation and Construction as to whether the construction and facilities of general motor road meet the business plans and the standards referred to in Article 51, within the period to be designated by the Ministers of Transportation and Construction at the time when the licence was given.
2 The provisions of paragraphs 3 and 4 of the preceding Article shall apply mutatis mutandis when the passing in the inspection referred to in the preceding paragraph and the commencement of opening to use were effected.
(Partial Inspection and Commencement of Opening to Use)
Article 59. Motor road operators may undergo the inspection of the Ministers of Transportation and Construction as to a part of a general motor road.
2 The provisions of Article 57 paragraph 2 shall apply mutatis mutandis in the cases of inspection referred to in the preceding paragraph.
3 The provisions of Article 57 paragraphs 3 and 4 shall apply mutatis mutandis in cases where the passing in the inspection referred to in the preceding paragraph and the commencement of the opening to use were effected.
(Inspection of Business Resumption and the Commencement of Opening to Use thereof)
Article 60. Motor road operators shall, when they intend to resume the whole or part of a motor road business which has been in suspension, undergo the inspection of the Ministers of Transportation and Construction as to whether the construction and facilities of a general motor road meet the business plans and standards referred to in Article 51.
2 The provisions of Article 57 paragraphs 3 and 4 shall apply mutatis mutandis in cases where the passing in the inspection referred to in the preceding paragraph and the commencement of the opening to use were effected.
(Tolls)
Article 61. Motor road operators shall fix the tolls for a general motor road, and obtain the authorization of the Minister of Transportation. The same shall apply also in cases where any alteration thereof is intended.
2 The Minister of Transportation shall, when he intends to grant the authorization referred to in the preceding paragraph, grant it in accordance with the following standards:
(1) That the tolls shall cover the appropriate cost under efficient management, and besides, include appropriate profit;
(2) That undue discrimination shall not be made with respect to specific user;
(3) That there is no apprehension of the utilization by the users being made difficult in view of the capacity to bear the tolls.
3 The tolls referred to in paragraph 1 shall be fixed specifically in fixed amount.
(Clauses for Opening to Use)
Article 62. Motor road operators shall fix the clauses for opening to use, and obtain the authorization of the Minister of Transportation. The same shall also apply in cases where any alteration thereof is intended
2 The provisions of Article 12 paragraph 2 shall apply mutatis mutandis as to the authorization referred to in the preceding paragraph.
(Limitations on the Opening to Use for the sake of Safety)
Article 63. Motor road operators shall fix the limitations on the opening to use for safety fixed by the Ministerial Ordinance such as the weight of passing motor vehicles, etc., and obtain the authorization therefor of the Ministers of Transportation and Construction. The same shall also apply when any alteration thereof is intended.
2 The Ministers of Transportation and Construction shall, when they intend to grant the authorization referred to in the preceding paragraph, grant it in accordance with the following standards:
(1) That there is no apprehension to cause danger for the passing of motor vehicles;
(2) That there is no apprehension to aggravate the preservation of general motor roads;
(3) That a remarkable deterioration will not be caused to the passing efficiency of motor vehicles.
(Posting of Tolls, etc.)
Article 64. Motor road operators shall post the tolls, clauses of opening to use and the matters authorized in accordance with the provisions of the preceding Article in a way easily seen by the public at business offices and other business places.
2 The provisions of Article 13 paragraph 3 shall apply mutatis mutandis to the cases where any alteration is intended to the matters posted in accordance with the provisions of the preceding paragraph.
(Duty of Opening to Use)
Article 65. Motor road operators shall not refuse to open the general motor roads to use except in the following cases:
(1) When the application for opening to use concerned is not based upon the clauses for opening to use which have been authorized in accordance with the provisions of Article 62;
(2) When the application for opening to use concerned comes under the limitations on the opening to use which have been authorized in accordance with the provisions of Article 63;
(3) When any special burden has been requested by the user in connection with the opening to use concerned;
(4) When, as the result of the opening to use concerned, the passing of other motor vehicles is likely to be remarkably hindered;
(5) When the opening to use concerned is contrary to the provisions of laws and orders, or public order or good morals;
(6) When the passing of motor vehicles is hindered on account of natural calamity or other unavoidable reasons.
(Alteration of Business Plans)
Article 66. Motor road operators shall, when they intend to alter the business plans, obtain the authorization of the Ministers of Transportation and Construction;provided, however, that this shall not apply as regards the alteration of the title of business office or such other trifling matters as may be fixed by the Ministerial Ordinance.
2 The Ministers of Transportation and Construction shall, when they intend to grant the authorization referred to in the preceding paragraph, grant it in accordance with the following standards:
(1) That there is no apprehension of the public convenience being deteriorated as the result of the alteration of business plans;
(2) That the scale of the general motor road concerned is not likely to prove unfit to the volume and nature of the traffic demand in the area concerned as the result of the alteration of the business plans.
3 Motor road operators shall, when they have altered the business plans in regard to the matters referred to in the proviso to paragraph 1, report to that effect, without delay, to the Ministers of Transportation and Construction.
(Alteration of Construction or Facilities)
Article 67. The provisions of Article 54 shall apply mutatis mutandis to the cases where any motor road operator alters the construction or facilities of general motor roads.
(Control of General Motor Roads)
Article 68. Motor road operators shall maintain the general motor roads in such a manner as the construction and facilities thereof meet the business plans and the standards referred to in Article 51.
2 Motor road operators shall inspect the general motor roads in conformity with the methods fixed by the Ministerial Ordinance.
3 Motor road operators shall, in case the passing of motor vehicles on any general motor road is hindered on account of natural calamity or other reasons, take immediately such appropriate measure for the prevention of danger as the prohibition of passing thereover, and at the same time, shall restore it.
4 Motor road operators shall, in the case of the preceding paragraph, report without delay to the Ministers of Transportation and Construction the matters fixed by the Ministerial Ordinance.
5 Motor road operators shall, irrespective of the provisions of the Road Traffic Control Law (Law No.130 of 1947), establish road signs to be fixed by the Cabinet Order.
6 Motor vehicles to pass general motor roads shall be subject to the indications of road signs referred to in the preceding paragraph.
(Entry in and Use of Lands)
Article 69. Motor road operators may, when it is necessary for survey, field investigation or construction work in connection with the general motor roads, enter the lands of other persons, or make use of the lands thereof temporarily as material yards, upon obtaining the permission of the governor of To, Do, Fu or prefecture.
2 Motor road operators shall, when the entry or use is intended in accordance with the provisions of the preceding paragraph, notify previously the occupant of the lands to that effect, except in cases where unavoidable reasons exist.
3 Any loss inflicted as the result of the entry or use under the provisions of paragraph 1 shall, without delay, be compensated by the operator concerned after the entry or use thereof.
4 The loss to be compensated in accordance with the provisions of the preceding paragraph shall be the loss likely to be ordinarily inflicted as a result of entry or use under the provisions of paragraph 1.
5 In cases where the deliberation with regard to the compensation under the provisions of paragraph 3 fails to be concluded or where the deliberation could not be held, the governor of To, Do, Fu or prefecture shall arbitrate in decision upon application.
6 Any person who is dissatisfied with the amount of compensation arbitrated under the provisions of the preceding paragraph may, within six months from the day on which he knew that the arbitration had been given, request by litigation to increase or reduce the amount thereof;provided, however, that this shall not apply in cases where one year has elapsed after the day on which the arbitration had been given.
7 In the litigation referred to in the preceding paragraph, the operator concerned or the person who is to receive the compensation shall be the defendant.
(Order for the Improvement of Business)
Article 70. The Ministers of Transportation and Construction may, when they deem that there is a fact of the public welfare being deteriorated as regards the business of a motor road operator, order the motor road operator the matters enumerated below;
(1) To alter the business plans or the limitations on the opening to use referred to in Article 63;
(2) To improve the construction or facilities of general motor roads.
2 The Minister of Transportation may, when he deems that there is a fact of the public welfare being deteriorated as to the business of motor road operator, order the motor road operator to alter the tolls or the clauses for opening to use.
(Invalidation of Licence)
Article 71. The licence for motor road business shall lose item validity in the following cases:
(1) When the application for the authorization of the execution of construction work has not been made within the period referred to in Article 50 paragraphs 1 and 3;
(2) When the disposition of disapproval has been given for the application under the provisions of Article 50 paragraph 1;
(3) When the construction work has not been commenced within the period referred to in Article 52 paragraph 1;
(4) When the disposition of rejection has been given as the result of the inspection under the provisions of Article 58;
(5) When the permission for abandonment of business has been given.
(Provisions Applicable Mutatis Mutandis)
Article 72. The provisions of Article 9, Article 31, Article 32, Article 36, Articles 38 to 40 inclusive, Article 41 paragraphs 1, 2 and 5, Article 42 as well as Article 43 shall apply mutatis mutandis to motor road business. In this case, "the Minister of Transportation" in these provisions shall read "the Ministers of Transportation and Construction" .
(Construction of Roads, etc. Connecting with General Motor Roads)
Article 73. Except in cases where the efficiency of the general motor roads concerned is adversely affected, motor road operators shall not be allowed to refuse in cases where the State or any person who has obtained the permission of the State intends to construct the roads under the Road Law, motor roads, rivers, canals, railways, tramways or cableways which connect with or approach to, or cross the general motor roads.
2 The Ministers of Transportation and Construction may, in the case of the preceding paragraph, order the alteration of construction or facilities, or the joint use of facilities to the motor road operator, when they deem it necessary to secure public welfare.
3 In the cases of the preceding two paragraphs, when the deliberation fails to be concluded in connection with the execution thereof and the method thereof as well as the burden of expenses, the Ministers of Transportation and Construction shall arbitrate in decision upon application. The same shall also apply as to the compensation for loss infiicted upon the motor road operator.
4 The provisions of Article 69 paragraphs 3 and 4, and the provisions of paragraphs 6 and 7 of the same Article shall apply mutatis mutandis to the cases of paragraphs 1 and 2, and to the case of the preceding paragraph, respectively.
(Construction of General Motor Road Connecting with Road, etc.)
Article 74. Motor road operators may construct a general motor road which connects with or approaches to, or cross the roads under the Road Law, rivers or canals, upon obtaining the permission of the controller of the roads under the Road Law, rivers or canals.
2 The controller referred to in the preceding pargaraph shall permit the construction except in the case of the efriciency of the public utilities concerned being adversely affected thereby.
(Exclusive Motor Roads)
Article 75. The provisions, of Articles 50 to 60 inclusive, Article 63, Articles 67 to 70 inclusive, Article 73 and the preceding Article shall apply mutatis mutandis to the exclusive motor roads. In this case, "the Ministers of Transportation and Construction" in these provisions shall read "the Minister of Transportation" .