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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON MEASURES TO EASE TRAFFIC FLOW OF CONSTRUCTION SITES OCCUPYING ROADS

Article 1 (Purpose) The purpose of this Ordinance is to provide for matters concerning measures to ease traffic flow to minimize traffic congestion that occurs when construction works are performed while occupying a road pursuant to subparagraph 4 (b) of attached Table 2 to the Enforcement Decree of the Road Act as well as to ensure the safety and smooth flow of pedestrians and motor vehicles. <Amended by Seoul Metropolitan Government Ordinance No. 6016, Oct. 8, 2015>

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
1. The term "road" means a Special Metropolitan Government road pursuant to Article 11 of the Road Act;
2. The term "construction works while occupying a road" (hereinafter referred to as "construction works") means construction works subject to application under Article 3;
3. The term "measures to ease traffic flow" means matters provided for on the guidance of traffic flow and the installation of construction notice signs, traffic direction signs, etc. based on the traffic impact analysis for the safety and smooth flow of pedestrians and motor vehicles when performing construction works while occupying a road.

Article 3 (Subject Matter of Application) The following construction works occupying at least one lane of a road, whose period of occupation is exceeding 20 days (in the case of a driveway, ten days), shall be subject to application of this Ordinance:
1. New construction, reconstruction or maintenance of a road, and construction works of appurtenances to a road;
2. Construction of subway and maintenance thereof;
3. Water and sewerage, and gas pipe works;
4. Power supply and communications works;
5. Construction works while occupying a road other than those referred to in subparagraphs 1 through 4.

Article 4 (Formulation of Measures to Ease Traffic Flow, etc.) (1) A person who intends to perform construction works shall formulate measures to ease traffic flow concerning such construction works and submit the same to the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") before he/she applies for a permit to occupy a road.
(2) Measures to ease traffic flow to be submitted under paragraph (1) shall include the following:
1. The period and block of time of construction works, method of conducting construction works, method of traffic control, etc.;
2. The installation of a construction notice sign, a traffic direction sign and a traffic control sign;
3. The placement of traffic guides;
4. The installation of a detour guidance sign, if guidance for a detour is required;
5. Prior notice on the commencement of construction works;
6. The installation of a close-circuit television (CCTV) for inspection of a construction site;
7. Other matters necessary for the safety and smooth flow of pedestrians and motor vehicles.

Article 5 (Examination of Measures to Ease Traffic Flow) With regard to measures to ease traffic flow that are expected to seriously risk the safety and smooth flow of pedestrians and motor vehicles owing to the construction works at issue, the Mayor may request a person who intends to perform such construction works to adjust hours for occupying the road or to change the location of the detour guidance sign.

Article 6 (Changes to Measures to Ease Traffic Flow) Where any change to the following matters occurs in a construction plan, the construction undertaker shall submit the details thereof to the Mayor:
1. Where the construction period is extended by at least 20/100 thereof;
2. Where the location of a construction area is moved to another block passing through a crossroad;
3. Where the portion of a road occupied in the construction area is changed by at least one lane to the crossing direction of the road axis;
4. Where it is impossible to implement measures to ease traffic flow.

Article 7 (Designation of Proxy) A person who intends to perform construction works may have a traffic impact analysis and improvement planning contractor registered under Article 26 of the Urban Traffic Improvement Promotion Act formulate measures to ease traffic flow on his/her behalf.

Article 8 (Ascertainment as to Whether Measures to Ease Traffic Flow Are Implemented) If necessary, the Mayor may designate a public official in the field of traffic management and have him/her ascertain whether measures to ease traffic flow of a construction site are implemented.

Article 9 (Formation and Operation of Advisory Council of Measures to Ease Traffic Flow of Construction Sites Occupying Roads) (1) There is established an Advisory Council of Measures to Ease Traffic Flow of Construction Sites Occupying Roads (hereinafter referred to as the "Advisory Council") to deliberate on measures to ease traffic flow and to provide advice and suggestion as requested by the Mayor.
(2) The Advisory Council shall be comprised of at least seven persons but not more than 15 persons, including one chairperson, and members shall be appointed or commissioned by the Mayor from among the following persons. In such cases, members referred to in subparagraph 2 shall be the majority:
1. Relevant public officials;
2. Those who have considerable knowledge and experience in the fields of traffic and civil engineering.
(3) The term of office of an appointed member shall be his/her tenure of office; the term of office of a commissioned member shall be two years, which may be renewed consecutively; and the term of office of a member filling a vacancy shall be the remaining period of his/her predecessor.
(4) The Director of the Transportation Operation Division shall serve as the chairperson, and the vice chairperson shall be elected by and from among outside members who are not public officials. <Amended by Seoul Metropolitan Government Ordinance No. 5137, Jul. 28, 2011>
(5) Meetings of the Advisory Council shall be categorized as regular meetings held semi-monthly and extraordinary meetings held whenever necessary, both of which shall be called by the chairperson.
(6) A meeting of the Advisory Council shall commence with the attendance of a majority of the incumbent members and its resolution shall be made with the consent of the majority of the members present.
(7) Members present at a meeting of the Advisory Council who are not public officials may be paid actual costs, such as travel expenses, allowances, etc., within the budget.
(8) The chairperson shall determine other matters necessary for the operation of the Advisory Council through the resolution of the Advisory Council.

Article 10 (Corrective Orders) Where a construction undertaker fails to implement measurers to ease traffic flow that he/she has submitted and to comply with requests made under Article 5 without justifiable grounds, the Mayor shall issue a corrective order to him/her.

Article 11 (Measures against Offenders) Where a construction undertaker fails to obey a corrective order issued to him/her pursuant to Article 10, the Mayor shall file a complaint against him/her in accordance with subparagraph 2 of Article 99 of the Road Act.

Article 12 (Delegation of Administrative Affairs) The Mayor shall delegate the formulation of measures to ease traffic flow of a construction site for construction works referred to in any subparagraph of Article 3, whose period of occupation of a road is at least 20 days (in the case of a driveway, ten days), to the head of the competent Gu.


ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures)
Measures to ease traffic flow which have undergone deliberation by the previous Seoul Metropolitan Advisory Council of Traffic of Construction Sites Occupying Roads at the time this Ordinance enters into force, shall be deemed to have undergone deliberation by the Seoul Metropolitan Advisory Council of Measures to Ease Traffic Flow of Constructions Sites Occupying Roads under the provisions of Article 9.
ADDENDA <Ordinance No. 4267, Mar. 17, 2005>
(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Application for Permit to Occupy Driveways) The previous provisions shall apply to persons who have applied for a permit to occupy a driveway, the period of occupation of which is at least ten days but not more than 30 days at the time this Ordinance enters into force.
ADDENDA <Ordinance No. 4464, Jan. 2, 2007>
(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The previous provisions shall apply to persons who have applied for a permit to occupy a Special Metropolitan City road, the period of occupation of which is at least 20 days but not more than 30 days at the time this Ordinance enters into force.
ADDENDA <Ordinance No. 4746, Mar. 18, 2009>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
The previous provisions shall apply to persons who have applied for a permit to occupy a road before this Ordinance enters into force.
ADDENDA <Ordinance No. 5137, Jul. 28, 2011>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Ordinance No. 6016, Oct. 8, 2015>
This Ordinance shall enter into force on the date of its promulgation.