Highway Noise Compensation, Rural Highway Noise Compensation Standards

Noise compensation is set on the basis of excessive decibels, provided that the high decibel level causes harm to people. According to what you said, your home must have been injured by high decibel noise, and you can claim noise compensation. But you have to gather evidence, that is to say evidence of noise damage.

Such as how many times a day, how many high decibels, etc. To tell the truth, this kind of evidence collection is still very difficult, at least with noise (decibels) to record the analytical instrument. It seems that you have to ask a lawyer for advice on what to do.

The expressway does not appear to be under the control of the local traffic administration. You can go to the highway toll booth and ask who the highway authority is near your home, and then complain after you know about it. Or, if you are sure that you can win the case, you can file a lawsuit in your local court.

Truth be told, you're not only troublesome, it's a marathon protracted battle. I don't think there's anything substantive. That's how difficult things are to do in China.

You are not a vulnerable group, you can only be regarded as a vulnerable individual, and it is even more difficult to deal with it. -- The most realistic solution is to buy a new house as soon as possible and move away.

1. According to China's "Highway Protection Regulations", 30 meters on both sides of the main line of the expressway, 200 meters around the interchange hub and toll station, no buildings and structures are allowed to be built.

2. If your house is built after the highway is built, it is an illegal building; If you have a house and then a road, you can apply to the highway department to install a noise wall to reduce the noise.

3. Regarding the issue of compensation, China's personal injury compensation project does not include compensation for damages caused by noise.

It should be handled by the local traffic administration.

Compensatory should be made! You should find the person in charge and the department in charge of the highway.

Generally, the compensation is 50 yuan per person per household per month.

If the highway is too close to the house and is within the scope of demolition, it can claim compensation for house demolition, and if there is noise pollution and exceeds the prescribed standard, compensation can be claimed. The distance between all kinds of buildings along the urban expressway should not be less than 20 meters; All kinds of buildings along the main and secondary roads of the city should be not less than 15 meters away from Chaoxiangchun; The distance between all kinds of buildings along the urban branch road should not be less than 10 meters; The distance between all kinds of buildings along the main roads of the towns shall not be less than 8 meters.

Rural areas generally do not divide the sound environment functional area, but in principle, it is also in accordance with the noise limit requirements of the Class 1 environmental functional area. If the noise caused by the expressway has exceeded the limit of the Class 1 environmental function zone, it is an infringement and should be liable for compensation. As for the compensation standard, it has not yet been determined, and it is generally compensated at 50 yuan per person per month until the noise is reduced to a reasonable range.

Civil Code of the People's Republic of China

Article 1229:Where harm to others is caused by polluting the environment or destroying the ecology, the infringer shall bear tort liability.

Article 1232:Where the infringer intentionally pollutes the environment or destroys the ecology in violation of legal provisions, causing serious consequences, the infringed party has the right to request corresponding punitive damages.

Article 1233:Where a third party's fault pollutes the environment or destroys the ecology, the infringed party may request compensation from the infringing party, or may also request compensation from the third party. After the infringer has compensation, it has the right to recover compensation from a third party.

Regulations on the Protection of Highway Safety

Article 11 The local people at or above the county level shall, in accordance with the principle of ensuring the safety of highway operation and the need for the development of highways, organize the departments of transportation, land and resources and other departments to delineate the scope of highway construction control areas.

The scope of the highway construction control area, the distance from the outer edge of the highway land to the outward is as follows:

1) National highway not less than 20 meters;

2) Provincial roads not less than 15 meters;

3) The county road is not less than 10 meters;

4) The village road is not less than 5 meters.

If it belongs to a highway, the scope of the highway construction control area shall not be less than 30 meters from the outer edge of the highway land.

The scope of the building control area on the inside of highway curves, interchanges and level intersections shall be determined according to the requirements of safe sight distance.

Legal analysis: Sound reaches 55 decibels during the day and 45 decibels at night even if it causes disturbance. 1. When residents complain about the surrounding noise, the complaint reception center of the city will transfer the complaints to the relevant competent departments according to their responsibilities according to the type of noise, and the relevant departments will investigate and deal with the noise according to their own job responsibilities.

2. If it is the noise emitted by the interior decoration activities, the loudspeaker in the square, the noise of the hawker, etc., it is mainly managed by the public security organ.

Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution

Article 44: It is forbidden to use loudspeakers or other methods that emit high noise to solicit customers in commercial activities. Where air conditioners, cooling towers and other equipment and facilities that may produce environmental noise pollution are used in commercial business activities, their operators and managers shall take measures to ensure that their boundary noise does not exceed the environmental noise emission standards prescribed by the state.

Article 45 It is forbidden for any unit or individual to use loudspeakers in areas where noise-sensitive buildings are concentrated in urban areas. If the use of audio equipment may produce excessive noise that may interfere with the surrounding living environment, the regulations of the local public security organs must be complied with.

Article 46: When using household appliances, musical instruments, or other household indoor entertainment activities, the volume shall be controlled or other effective measures shall be taken to avoid causing environmental noise pollution to the surrounding residents.

Article 47 Interior decoration activities in residential buildings that have been completed and put into use shall be limited in terms of operating hours, and other effective measures shall be taken to reduce and avoid environmental noise pollution to surrounding residents.

Highway noise disturbances are dealt with by the local ecological and environmental protection department.

According to Article 6 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution, the competent department of ecology and environment shall implement unified supervision and management of the prevention and control of environmental noise pollution across the country. The competent departments of ecology and environment of the local people's governments at or above the county level shall implement unified supervision and management of the prevention and control of environmental noise pollution within their respective administrative areas. The competent departments of public security, transportation, railways, civil aviation and other departments at all levels and port supervision agencies shall, in accordance with their respective duties, supervise and manage the prevention and control of noise pollution in transportation and social life.

Legal analysis: According to the regulations, the highway should be at least 10 meters away from the residents' houses, and the noise level in the residents' homes should not exceed 55 decibels.

Legal basis: "Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution" Article 5 When local people at all levels formulate urban and rural construction plans, they shall fully consider the impact of noise generated by construction projects and regional development and transformation on the surrounding living environment, make overall planning, reasonably arrange the layout of functional areas and construction, and prevent or reduce environmental noise pollution.