Basic Act on Disaster Management

When the prefectural public safety commission finds it necessary for the implementation of traffic ban, etc., it may request the road management body, etc. to issue designation or orders under Article 76-6, paragraph (1), or to take measures under paragraph (3) or paragraph (4) of the same Article, with respect to the section of road where the traffic ban, etc. will be implemented.

The term "road management body, etc." in the preceding paragraph means the road management body (for national highways prescribed in Article 4, paragraph (1) of the National Highway Act (Act No. 79 of 1957), the Minister of Land, Infrastructure, Transport and Tourism, and, for other roads, the road management body prescribed in Article 18, paragraph (1) of the Road Act (Act No. 180 of 1952); the same applies hereinafter), the port management body (which means the port management body prescribed in Article 2, paragraph (1) of the Port and Harbour Act and is limited to the persons who manage the roads prescribed in paragraph (5), item (iv) of the same Article (including roads deemed to be roads prescribed in the same item pursuant to the provisions of paragraph (6) of the same Article); the same applies in Article 76-7, paragraph (2)), or the fishing port management body (which means a local government decided pursuant to the provisions of Article 25 of the Act on Development, etc. of Fishing Ports and Grounds (Act No. 137 of 1950) and is limited to the persons who manage the roads prescribed in Article 3, item (ii), (a) of the same Act (including roads deemed to be roads prescribed in (a) of the same item pursuant to the provisions of Article 66, paragraph (1) or (3) of the same Act); the same applies in Article 76-7, paragraph (3)).

For application of the provisions of paragraph (1) in case of a request under the same paragraph for a section of a company managed expressway (referring to an expressway prescribed in Article 2, paragraph (2) of the Act on Expressway Company Limited (Act No. 99 of 2004) for which the company prescribed in Article 2, paragraph (4) of the Act on Special Measures concerning Road Construction and Improvement (Act No. 7 of 1956) (referred to as the "company" in Article 76-6, paragraphs (6) and (7)) conducts maintenance, repairs, and disaster recovery efforts. The same applies in Article 76-6), the term "road management body, etc." in the same paragraph is deemed to be replaced with "Japan Expressway Holding and Debt Repayment Agency (hereinafter referred to as "Agency" in this paragraph)", and the term "Article 76-6, paragraph (1)" is deemed to be replaced with "paragraph (1) of the same Article which the Agency conducts on behalf of the road management body of a company managed expressway pursuant to the provisions of Article 76-6, paragraph (5)".

For application of the provisions of paragraph (1) in the case of a request under the same paragraph for a section of public corporation managed roads (which means roads for which the local road public corporation (referring to the local road public corporation prescribed in Article 1 of the Act on Local Road Public Institution (Act No. 82 of 1970); the same applies hereinafter) conducts maintenance, repairs, and disaster recovery efforts pursuant to the provisions of Article 14 of the Act on Special Measures concerning Road Construction and Improvement, or conducts maintenance, repairs, and disaster recovery efforts under the permission of Article 15, paragraph (1) of the same Act; the same applies in Article 76-6, paragraphs (8) and (9)), the term "road management body, etc." in the same paragraph is deemed to be replaced with "local road public corporation (referring to local road public corporation prescribed in paragraph (4); hereinafter the same applies in this paragraph)", and the term "Article 76-6, paragraph (1)" is deemed to be replaced with "paragraph (1) of the same Article which the local road public corporation conducts on behalf of the road management body of a public corporation managed road pursuant to the provisions of Article 76-6, paragraph (8)".

When the National Public Safety Commission finds it particularly necessary for the accurate and smooth implementation of emergency disaster control measures, it may issue instructions to relevant prefectural public safety commissions regarding traffic ban, etc. as provided for by Cabinet Order.

In cases where a disaster has occurred involving an area of the prefecture where roads under the management of the road management body, etc. prescribed in Article 76-4, paragraph (2) (hereinafter referred to as "road management body, etc." in this Article) exist or an area adjoining or nearby prefectures, passage of vehicles on the road is suspended or extremely sluggish, vehicles or other objects are likely to impede the passage of emergency vehicles and thereby extremely hinder the implementation of emergency disaster control measures, and it is found urgently necessary to ensure the passage of emergency vehicles, as provided for by Cabinet Order, the road management body, etc. may designate the section of the roads under its management and order the occupant, owner, or manager of the vehicles or other objects (referred to as "occupant of vehicles, etc." in item (iii) of paragraph (3)) to move the vehicles or other objects to places outside the nearby roads or to take other necessary measures so as to ensure the passage of emergency vehicles at the designated section of the roads.

When a road section has been designated under the preceding paragraph, the road management body, etc. must immediately take measures to inform persons within the designated road section (hereinafter referred to as "designated road section" in this paragraph) of the designated road section.

For the following cases, the road management body, etc. may take the measures under paragraph (1) by itself. In this case, to the extent unavoidable in taking the measures, the road management body, etc. may damage the vehicles and other objects related to the measures:

In case the person who is ordered to take measures under paragraph (1) does not take the measures;

In case the road management body, etc. is unable to order measures to be taken under paragraph (1) because the person subject to being ordered under the same paragraph is not present at the site;

In case the road management body, etc. finds that it is unable to make occupant of vehicles, etc. take measures under paragraph (1) considering road conditions or other circumstances and decides not to give an order under the same paragraph.

When found unavoidably necessary to do so to take measures under paragraph (1) or the preceding paragraph, the road management body, etc. may use the land belonging to other persons temporarily or dispose of bamboo and wood, or other objects to the extent necessary.

The Japan Expressway Holding and Debt Repayment Agency (hereinafter referred to as "Agency") is to use the authority under paragraph (1) through the preceding paragraph on behalf of the road management body of a company managed expressway.

In cases where the Agency has used the authority on behalf of the road management body of a company managed expressway pursuant to the provisions of the preceding paragraph, the Agency must notify the Company to that effect without delay.

When the Agency intends to outsource a part of the affairs concerning the use of authority on behalf of the road management body of a company managed expressway pursuant to the provisions of paragraph (5), the Agency must, in order to ensure smooth and efficient implementation of the outsourced affairs, consult with the company in advance, and decide the content of the affairs to be outsourced and the method of bearing the expenses required for it.

The local road public corporation is to use the authority under paragraph (1) through (4) on behalf of the road management body of public corporation managed roads.

The authority which the Agency uses pursuant to the provisions of paragraph (5) on behalf of the road management body of a company managed expressway may be used up to the expiry date of the collection period of the fee to be announced pursuant to the provisions of Article 25, paragraph (1) of the Act on Special Measures concerning Road Construction and Improvement. The same applies in the case where the local road public corporation uses the authority on behalf of the road management body of public corporation managed roads pursuant to the provisions of the preceding paragraph.

Pertaining to national roads (referring to general national roads set forth in Article 3, item (ii) of the Road Act), other than designated sections prescribed in Article 13, paragraph (1) of the same Act, prefectural roads (referring to prefectural roads set forth in Article 3, item (iii) of the same Act), and municipal roads (referring to municipal roads set forth in Article 3, item (iv) of the same Act; hereinafter the same applies in this paragraph), and pertaining to municipal roads other than city roads of a designated city prescribed in Article 252-19, paragraph (1) of the Local Autonomy Act, when it is found particularly necessary for ensuring the passage of emergency vehicles and implementing emergency disaster control measures accurately and smoothly, respectively, the Minister of Land, Infrastructure, Transport and Tourism and the prefectural governor may instruct each road management body of the roads to issue a designation or order under paragraph (1) of the preceding Article or take measures under paragraph (3) or paragraph (4) of the same Article, as provided for by Cabinet Order.

Pertaining to roads managed by a port management body, when the Minister of Land, Infrastructure, Transport and Tourism finds it particularly necessary for ensuring the passage of emergency vehicles and implementing emergency disaster control measures accurately and smoothly, the Minister may instruct the port management body to issue a designation or order under paragraph (1) of the preceding Article or take measures under paragraph (3) or paragraph (4) of the same Article, as provided for by Cabinet Order.

Pertaining to roads managed by a fishing port management body, when the Minister of Agriculture, Forestry and Fisheries finds it particularly necessary for ensuring the passage of emergency vehicles and implementing emergency disaster control measures accurately and smoothly, the minister may instruct the fishing port management body to issue a designation or order under paragraph (1) of the preceding Article or take measures under paragraph (3) or paragraph (4) of the same Article as provided for by Cabinet Order.

All or a part of the authority of the Minister of Land, Infrastructure, Transport and Tourism who is the road management body prescribed in Article 76-6 and the authority of the Minister of Land, Infrastructure, Transport and Tourism prescribed in paragraphs (1) and (2) of the preceding Article may be delegated to the Regional Development Bureau Director General or Hokkaido Development Bureau Director General as provided for by Cabinet Order.

When a disaster has occurred or is imminent, as provided for by laws and regulations or under a disaster management plan, the head of a designated administrative organ and the head of a designated local administrative organ must promptly implement the emergency measures concerning the function under their jurisdiction and take necessary measures in the interest of accurate and smooth implementation of emergency measures taken by the prefecture or municipality.

In cases referred to in the preceding paragraph, when the head of a designated administrative organ and the head of a designated local administrative organs find it necessary for implementing emergency measures, they may request or instruct the prefectural governor, the mayor of a municipality, or a designated public corporations or designated local public corporations to implement emergency measures.

In cases where a disaster has occurred, when the head of a designated administrative organ and the head of designated local administrative organ find it particularly necessary for implementing emergency measures pertaining to matters set forth in Article 50, paragraph (1), items (iv) through (ix), pursuant to the provisions of a disaster management operation plan, they may order the persons engaged in the business of production, collection, sales, distribution, storage, or transportation of the goods necessary for emergency measures to store goods that they deal with, or may expropriate the goods as are necessary for emergency measures.

When the head of a designated administrative organ and the head of a designated local administrative organ find it necessary for ordering the storage of goods or expropriation of goods pursuant to the provisions of the preceding paragraph, they may have their officials enter and inspect the place where the goods are stored or located.

The head of a designated administrative organ and the head of a designated local administrative organ may ask for a necessary report from persons who have goods in their custody pursuant to the provisions of paragraph (1), or have their officials enter and inspect the place where these goods are stored.

The head of a designated administrative organ or the head of a designated local administrative organ must, when falling under any of the cases set forth in the following items, implement on behalf of the mayor of a municipality all or a part of the emergency measures to be implemented by the mayor pursuant to the provisions of Article 64, paragraphs (1) and (2), and Article 65, paragraph (1), as provided for by laws and regulations or under a disaster management plan:

when the municipality and the prefecture including the municipality have become unable to perform all or the majority of their affairs due to the occurrence of a disaster;

when facilities or equipment have been damaged due to the occurrence of a disaster, it is difficult for the mayor of a municipality or the prefectural governor to implement emergency measures concerning those facilities or equipment, and it is found that there is an urgent need to implement those emergency measures for the smooth implementation of emergency disaster control measures.

When the head of a designated administrative organ or the head of a designated local administrative organ has begun or completed the implementation of affairs on behalf of the mayor of a municipality pursuant to the provisions of the preceding paragraph, the head must make a public notice to that effect.

Necessary matters related to the head of a designated administrative organ or the head of a designated local administrative organ acting on behalf of the mayor of a municipality under paragraph (1) are prescribed by Cabinet Order.