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.
第七十六条の四第二項に規定する道路管理者等（以下この条において「道路管理者等」という。）は、その管理する道路の存する都道府県又はこれに隣接し若しくは近接する都道府県の地域に係る災害が発生した場合において、道路における車両の通行が停止し、又は著しく停滞し、車両その他の物件が緊急通行車両の通行の妨害となることにより災害応急対策の実施に著しい支障が生じるおそれがあり、かつ、緊急通行車両の通行を確保するため緊急の必要があると認めるときは、政令で定めるところにより、その管理する道路についてその区間を指定して、当該車両その他の物件の占有者、所有者又は管理者（第三項第三号において「車両等の占有者等」という。）に対し、当該車両その他の物件を付近の道路外の場所へ移動することその他当該指定をした道路の区間における緊急通行車両の通行を確保するため必要な措置をとることを命ずることができる。
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;
第一項の規定による措置をとることを命ぜられた者が、当該措置をとらない場合
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.
地方道路公社は、公社管理道路の道路管理者に代わつて、第一項から第四項までの規定による権限を行うものとする。
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.
Read this with the articles around it
disastermachine translation
「災害」
Damage caused by a storm, tornado, heavy rain or snow, flood, slope failure, debris flow, storm surge, earthquake, tsunami, soil liquefaction, volcanic eruption, landslide or other abnormal natural phenomenon, or by a large fire or explosion or another cause that a Cabinet Order (政令) specifies as causing damage on a similar scale.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
emergency vehiclemachine translation
「緊急通行車両」
An emergency motor vehicle under Article 39, paragraph (1) of the Road Traffic Act, or another vehicle that a Cabinet Order (政令) specifies as one whose passage must especially be secured so that emergency disaster control measures can be carried out properly and smoothly.
Defined inArticle 76, paragraph (1)
road management bodymachine translation
「道路管理者」
For a national expressway under Article 4, paragraph (1) of the National Highway Act, the Minister of Land, Infrastructure, Transport and Tourism, and for any other road, the road administrator under Article 18, paragraph (1) of the Road Act.
Defined inArticle 76-4, paragraph (2)
road management body, etc.
「道路管理者等」
A road management body, or a port management body or fishing port management body in so far as it manages roads within a port or fishing port.
Defined inArticle 76-4, paragraph (2)
companymachine translation
「会社」
In Article 76-6, paragraphs (6) and (7), one of the six expressway companies listed in Article 2, paragraph (4) of the Act on Special Measures concerning Road Construction and Improvement, such as East Nippon Expressway Company Limited (東日本高速道路株式会社) and Metropolitan Expressway Company Limited (首都高速道路株式会社).
Short name set inArticle 76-4, paragraph (3)· applies only in this provision and in Article 76-6, paragraphs (6) and (7)
company managed expresswaymachine translation
「会社管理高速道路」
In Articles 76-4 and 76-6, an expressway that one of the six expressway companies listed in Article 2, paragraph (4) of the Act on Special Measures concerning Road Construction and Improvement maintains, repairs and restores after disasters under Article 4 of that Act; an expressway, as Article 2, paragraph (2) of the Act on Expressway Companies defines it, is a national expressway, a motor-vehicle-only road (自動車専用道路) or a road of the same standard and function.
Defined inArticle 76-4, paragraph (3)· applies only in this provision and in Article 76-6
public corporation managed roadmachine translation
「公社管理道路」
In Article 76-4 and Article 76-6, paragraphs (8) and (9), a road that a local road public corporation maintains, repairs and restores after disasters under Article 14 of the Act on Special Measures concerning Road Construction and Improvement, or does so with a permission under Article 15, paragraph (1) of that Act.
Defined inArticle 76-4, paragraph (4)· applies only in this provision and in Article 76-6, paragraphs (8) and (9)
local road public corporationmachine translation
「地方道路公社」
A local road public corporation as provided for in Article 1 of the Local Road Public Corporation Act: a body that builds, improves, maintains, repairs and otherwise manages roads on which tolls may be charged, to develop a region's main roads.
Defined inArticle 76-4, paragraph (4)
occupant of vehicles, etc.
「車両等の占有者等」
In Article 76-6, the occupant, owner or manager of a vehicle or other object that is blocking the passage of emergency vehicles on a designated section of road.
Short name set inArticle 76-6, paragraph (1)· applies only in this provision and in Article 76-6, paragraph (3), item (iii)
road management body, etc.
「道路管理者等」
A road management body, or a port management body or fishing port management body in so far as it manages roads within a port or fishing port.
Short name set inArticle 76-6, paragraph (1)· applies only in this article
designated road section
「指定道路区間」
In Article 76-6, paragraph (2), the section of road that a road management body or other body has designated under paragraph (1) of that Article to clear the way for emergency vehicles.
Short name set inArticle 76-6, paragraph (2)· applies only in this paragraph
Agency
「機構」
The Japan Expressway Holding and Debt Repayment Agency (独立行政法人日本高速道路保有・債務返済機構), which exercises the powers of the road management body, in its place, on expressways that the expressway companies manage.
Short name set inArticle 76-6, paragraph (5)