Guiyang Municipal Parking Management Approaches

Original Language Title: 贵阳市停车场管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399495.shtml

Guiyang municipal parking management approaches

    (January 8, 2014 Executive meeting of the Guiyang municipal people's Government on January 21, 2014, Guiyang municipal people's Government released 17th March 1, 2014) Chapter I General provisions

    First to strengthen and standardize car park planning, construction and management to ensure smooth urban traffic safety, maintaining the legitimate rights and interests, in accordance with the People's Republic of China Law on urban and rural planning and the People's Republic of China on road traffic safety Act and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city car park planning, construction and management, application of this approach. Parking in these measures in article, refers to a vehicle parked in the open air or indoor parking place.

Parking lots into public car park, private car park, a temporary car park.

Public car park referred to in the preceding paragraph refers to parking for the public parking places and roads; private car park is mainly for the units, residential property owners, and parking places; a temporary car park open space refers to the use of spare building temporary parking place.

    Road parking referred to in the preceding paragraph, refers to the public security traffic Administrative Department occupied the city road to delimit, and must use the term parking places.

    Article fourth parking should follow a unified planning, rational distribution, according to management, principles of dispersal of crowds and traffic safety.

Fifth of municipal, district (city, County) people's Governments shall strengthen the planning and construction of parking lots and use the unified leadership for the management of, the work incorporated into the people's Government at the annual target.

Town and country planning authorities are responsible for the planning and management of car parks.

Department of housing and urban-rural construction is responsible for the supervision and management of parking lots, urging property services in accordance with service contracts to do the day-to-day management of private parking within the Realty Management area.

Public security traffic Administrative Department is responsible for parking management of daily work and integrated in the implementation of these measures to co-ordinate and supervise the management of the relevant work.

Urban Management Department shall participate in review of road parking.

City law enforcement departments in accordance with the duties of park planning, construction and use activities in accordance with law violations in the urban and rural planning, sanitation, municipal facilities and impose administrative penalties provided for violations committed.

Land and natural resources, industry and commerce, taxation, price, finance, quality and technical supervision, public security, fire, civil air defense, transportation, industry and information technology, supervision supervision departments shall, in accordance with their respective responsibilities, to do the parking management related work.

    Community Services Administration, property management enterprises shall in accordance with the related work of the duties with the car park management.

    Planning and construction of chapter

Sixth urban planning departments should be according to the requirements of urban master plan, formulated in conjunction with the public security traffic Administrative Department of parking planning, in accordance with the provisions of relevant departments and experts to carry out technical assessments, reported to people's Governments at the same level for approval before implementation.

Parking planning should be coordinated with the development of urban road traffic, has planned to develop public car park.

    Municipal public security traffic Administrative Department, motor vehicles, should be combined with the development, in conjunction with the relevant departments parking setting norms and standards, according to procedures that implement after approval.

Seventh parking lots should be in line with the overall urban planning, park planning, urban and rural planning and technical management regulations, parking set norms and standards.

Public buildings, construction projects and residential parking should simultaneously with the principal part of the project design, construction, and put into use.

    Encourage construction of stereoscopic parking lot and underground parking space construction.

Article eighth, renovation, the construction project should be in accordance with the provisions of construction, the construction or repair parking.

Units or individuals to apply for construction of car parks, construction engineering capital construction program in accordance with the law shall, in accordance with the relevant approval procedures.

Unit parking scheme reported to the urban planning departments conduct a technical review, shall solicit the views of public security traffic management departments, which will be reviewed and qualified parking design public security fire control institutions submitted for the record.

    Due to objective circumstances, conditions to construct built, the construction or repair of, the construction unit shall construction, addition or supplement with parking nearby.

Nineth parking planning without due process, without adjustment or change of use.

Public carpark building determined in accordance with the following provisions:

(A) using the new underground or ground space carpark meet the transfer list, in accordance with the allocation for land does not meet the list of allocated land, land is taken;

    (B) building projects require additional or supplementary parking, which belongs to the public parking allocation for operations not, pertaining to the operation of parking lots to sell.

Tenth unit should be obtained in accordance with the law of construction project planning permit for construction, construction lighting, communication with and in accordance with the relevant provisions, drainage, ventilation, fire protection, security, barrier-free facilities, set the appropriate marking and traffic safety facilities.

    New construction of car parks, popularization and promotion of new energy vehicles such as electric cars possible.

    11th buildings shall be altered, after parking up to changing construction standards, after change of ownership shall, in accordance with the standards in building construction or repair parking and views of their designs for public security traffic management departments, chiefs of urban and Rural Planning Department for examination and approval procedures in accordance with law, reported to the competent authorities. 12th unit-building public parking and special parking lot for construction of public buildings should be synchronized real-time dynamic information management system for parking; car parks have been built, should be added real-time dynamic information management system for parking.

Car park should access real time dynamic information management system parking information system of public security traffic Administrative Department.

Individual application-building parking lot, the conditions shall be in accordance with the provisions of the preceding paragraph.

    Public security traffic Administrative Department shall, in conjunction with price, tax, business, and other relevant departments, building parking information system, application intelligence, managing car stereo, information means, is responsible for the parking information system management, and providing services to the public in real time parking location, number of berths, usage, fees, and other related information. After completion of the 13th car park, unit or individual shall be in accordance with the provisions applying to the town and country planning department planning and verification, and to notify the public security traffic management departments.

Without planning to verify or verify planning conditions are not met, the construction unit shall not organize acceptance shall not be put to use.

Experience fail to pass, after rectification by the unit, in accordance with the provisions of organizational acceptance.

    Parking in the 30th after completion, construction should be completed about acceptance of information submitted to the seat of housing and urban-rural construction departments, public security fire control institutions for the record.

Article 14th housing and urban-rural development department in conjunction with the investment and construction of public security traffic management sector Government defined public car park register, takes over the transfer system.

    Public car park upon the acceptance of government investment, construction units and take over the transfer of units shall, in accordance with the receivership provisions of the timely handing over procedures and enabled as required.

15th public car parks construction of government investment and social investment state mode.

Cities and districts (cities and counties) people's Government according to the needs of urban construction, arranged funding for the construction of parking lots.

    Units or individuals are encouraged to invest in public car park, and in accordance with the regulations exempt from the urban infrastructure supporting fees and other related policies. 16th road to strictly control the occupied city setting parking.

Really necessary to take up road building parking garages, without affecting pedestrians, traffic, appearance city appearance and not damaged under the condition of municipal infrastructure, the public security traffic Administrative Department in conjunction with the relevant departments of the City Administration put forward reasonable plan, submitted to the municipal or County (City) people's Government for approval, and announced to the public. Without authorization, no unit or individual is allowed to set the road parking.

    Due to special case requires setting of urban road parking, shall be reported to the city administration according to law and public security traffic Administrative Department for review, submitted to the municipal or County (City) people's Government for approval, and announced to the public.

    17th public security traffic Administrative Department shall, in conjunction with the urban management authorities on a regular basis to evaluate the parking parking section of the city roads, and according to the road traffic conditions, parking around the creation and on road parking reservations or to cancel the programme, submitted to the municipal or County (City) people's Government for approval, and announced to the public.

18th residential area planning and construction of the car park does not meet the owner parking need, meet the following requirements and agreed by the residential owners, residential roads and other vacant sites can be set up for the car park:

(A) without prejudice to road traffic safety and smooth;

(B) do not occupy green space;

(C) does not occupy or block passage of fire trucks and fire engines climb the site;

(D) not to occupy the city and municipal sanitation facilities of water supply networks;

(E) facilitate the parking;

    (Vi) compliance with national, provincial and municipal parking lot to set norms and standards.

    Chapter management 19th no unit or individual is allowed to arbitrarily change the completed car park use or stop using the car park without permission.

    Absolutely necessary to change or stop using, and should be changed or ceased to be used for programmes seeking the views of public security traffic Administrative Department, urban planning departments and departments in charge of land according to law to apply for alteration procedures belongs to the basement, to the competent departments for civil air defense, where you want to apply for alteration procedures.

    Article 20th public security traffic management departments to delegate management of community service agencies to do the day-to-day regulatory matters within the administrative area of the car park, the work requirements in accordance with the regulations from the proceeds of government investment construction of public car parking arrangements.

21st Government to invest in the parking lot requires power buying operation, maintenance and management services to the community, shall, in accordance with the Government procurement procedures, means and he is asked to select a car park management services unit.
Non-government investment and construction of car parks, the owner can operate, maintain and manage their own, or entrusts an eligible car park management services unit operations, maintenance and management.

Principal and the principal car park management services unit trust service contract shall be signed, specify rights and duties of both parties, and refined principal-party supervision and performance of the contract, the client shall ensure that the performance of the contract and stop and safety management of specific conditions of guarantee and responsibility, breach, the other party may terminate the contract in accordance with law.

22nd operating car parks follow the principle of who invest, who benefit.

Business car park shall, to industry and commerce, taxation, price and other administrative departments to handle relevant formalities, may engage in business activities.

    Private car park and a temporary car park provide parking services to the community, in accordance with the provisions of the preceding paragraph after the relevant formalities, into public car park management.

23rd common car park, management of private parking and Park owner or entrusted with the car park management services unit, completing relevant procedures should be in accordance with the regulations within 10th of, take the following information to the public security traffic Administrative Department filing procedures:

(A) the land use right certificate;

(B) the car park entrances, signs and markings set content such as traffic, parking organization chart;

(C) parking lot acceptance, the location, the parking capacity and management of information services system;

    (D) other materials required by the public security traffic management departments.

    24th car park management services unit change of registration or dissolution, shall be provided to industry and commerce, taxation, price and other administrative departments related change, cancellation of registration, modification and cancellation of registration within 10th of public security traffic Administrative Department filing procedures, and announced to the public.

25th due to changes in traffic conditions, temporary car parks has affected road traffic normal traffic, parking management services shall be in accordance with the public security traffic Administrative Department requires timely removal or adjustment, and should be removed or adjustments submitted within 10th of public security traffic administrative departments for the record.

    After the removal of parking in accordance with this regulation, shall not continue to use it.

26th among public security traffic Administrative Department has special requirements, the public car park should provide 24-hour service, follow the principle of first arrived, first use, shall not be in any form to a specific unit or individual use, except specially for people's air defence vehicles parked.

    Public car park management services unit should be parking parking information real time dynamic information management system and parking information system of public security traffic Administrative Department.

27th to encourage private car park and temporary parking lots in the case of meet the parking demand, take wrong parking provide parking services to the community.

Parking may not be transferred to the owner of the private car park outside entities or individuals.

    For holidays, events and other reasons, the public car park cannot meet the social service needs, parking management services unit of public buildings should be in accordance with the requirements of public security traffic management departments, in the case of meet the parking demand, provide parking services to the community.

Article 28th of differential pricing regulation of parking and parking resources.

Parking fees according to different properties, different types, respectively the Government pricing or Government guidance prices and market-regulated prices and subregional, divided into sections, divided into sessions per hour.

Subject to Government pricing, Government guided charging, parking management services unit should follow the prices approved by the Department's fee charging parking fees, are not allowed to raise prices, change of charging method.

    Charges of market-regulated prices, parking management services unit shall be located in front of charging prices the record.

    29th commodity price departments shall, together with the financial, public security and traffic administration departments, according to different regions, different sections, different parking periods and busy area is higher than other urban areas, road parking in the same areas than other car parks, daytime than night charging principles approved different parking fees. 30th parking charges should be using tax invoice produced by the Department.

    Parking management services not invoiced in accordance with the regulations, parking can refuse to pay parking fees.

    31st Government to invest in the public car park leasing and operating income into two lines of income and expenditure management of municipal finance.

    Article 32nd provisions by the competent administrative department financial Department of the administrative costs charged to the car park you should use designated special charge bills, carry out two lines of income and expenditure management, shall not participate in the parking lot of business assignment.

Article 33rd parking management services unit, shall comply with the following requirements:

(A) establish a sound management system, equipped with the appropriate management and charges and after passing the training certificates;

(B) accept the police traffic, urban management, industry and commerce, taxation, civil air defense, price and other relevant administrative departments of supervision and administration, engaged in business activities in accordance with law;

(C) in accordance with the requirements of public security traffic Administrative Department parking lot marking and parking of real-time information management system in good working condition;

(D) prominently publicized in the parking lot management system, supervision, business licenses and the price premium license issued by the Department;

(E) parking management service price and publication fees;

(Vi) equipped with a vehicle to adapt to the size of lighting, communications, fire and security facilities, and keep it in good working condition;

(VII) is responsible for the access to the vehicle inspection, registration;

(VIII) guiding, maintenance of vehicles parked in the car parks, driving order;

(I) vehicles in the inventory on a regular basis, find long-term parking or suspicious vehicles or traffic accidents occurred in the car parks and so on, should take appropriate emergency measures, and report to the public security organ or public traffic management sector;

(J) keeping the parking sanitation clean;

(11) may be present in the vehicle maintenance and cleaning operations;

(12) not containing inflammable, explosive, toxic and other dangerous objects and junk vehicles parked in the parking lot;

(13), private car park and a public parking lot mix built, set the identity card;

(14) belongs to the people's air defense works, without legal approval may be supplemented, demolition and relocation of civil air defense communication alarm installations;

(15) the strict management and parking services;

    (16) provisions shall comply with laws, rules and regulations of other acts.

Article 34th entering the car park is the driver of the vehicle and other relevant personnel, shall comply with the following requirements:

(A) subject to the management of personnel management, parking in designated parking, closed circuit of vehicles, parking brake, locking the doors;

(B) not damaged Park facilities and equipment;

(C) parked vehicles carrying flammable, explosive, toxic and other dangerous substances;

(D) pay the parking fee in accordance with the regulations;

(E) shall be present in the smoke, use naked light, commissioning, litter;

(Vi) for the small vehicles parked in parking large vehicles shall not be parked;

(VII) not on road parking barriers prevent parking;

(H) there shall be no other acts of obstruction of park management.

    Fire-fighting, first aid, emergency rescue, disaster relief, rescue, police, facilities maintenance, sanitation and other official vehicles are exempt from parking charges.

35th public security fire control institutions shall guide the car park management services unit fire exits are designated no parking areas, set the fire exit sign logo.

    The illegal passage of fire trucks and fire engines to work upraised space occupied parking, parking management services unit to dissuade or to stop, right of dissuasion or suppression, shall promptly report to local public security fire control institutions.

    The fourth chapter penalty 36th article violation this approach provides, not made construction engineering planning license or not by construction engineering planning license of provides construction parking of, by city integrated law enforcement sector ordered stop construction; can take corrected measures elimination on planning implementation of effect of, deadline corrected, at construction engineering cost 8% above 10% following of fine; cannot take corrected measures elimination effect of, deadline demolition, cannot demolition of, law confiscated real or illegal income,

    May be the construction cost more than 5% 10% the following fines.

37th article violates these rules, any of the following circumstances, by the public security traffic Administrative Department shall order rectification fails to mend, in accordance with the following provisions:

(A) construction construction of public parking and special parking lot for construction of public buildings, not synchronized real-time dynamic information management system for parking or not accessing the system parking information system of public security traffic Administrative Department, fined a maximum of more than 5000 Yuan and 10,000 yuan;

(B) operating units that are not in the public car park in accordance with the provisions of its parking parking information real-time management system and parking information system of public security traffic Administrative Department, fined a maximum of between 5000 and 2000 Yuan;

(C) without setting operating car parks or parking lots in accordance with these measures continue to be used after the removal of, a fine of 5000 Yuan and 30,000 yuan fines;

(D) contravenes section 33rd (a), (c), (d) and (f) to (13) of the regulations, given a warning and fined a maximum of 500 Yuan and more than 5000;

(E) violations of these rules does not handle the related formalities to public security traffic Administrative Department, penalty of between 1000 to non-business nature, the nature of the business of the Department fined a maximum of 3000 Yuan;

(Vi) public parking lots to determine for a particular entity or individual use, in accordance with each parking penalty of between 1000 and 500 Yuan.

    Entered the car park is the driver of the vehicle and other relevant personnel are not subject to management personnel management or other parking lots management refusing to correct the disturbance to normal parking procedures, by the public security organs in accordance with the penalties.

38th article violates these rules, any of the following circumstances, composed of industry and commerce, taxation, civil air defense, price or punishment according to law public security fire control institutions in accordance with the responsibilities:

(A) not to industry and commerce, taxation, civil air defense, prices go through the relevant formalities of unauthorized parking management activities;

(B) is not in accordance with the price control Department approved Government price-fixing, government guidance or register at prices regulated by the market fee charge a parking fee;

(C) does not use price labels in accordance with the provisions of and publication fees;

(D) illegally parking fire lane or fire truck ascended the site do not scatter;
(E) without legal approval of demolition and relocation of civil air defense communication alarm installations.

Market-regulated prices do not report the prices before charging departments for the record, by the commodity price departments a rectification, fails, fined a maximum of between 5000 and 1000 Yuan.

39th in violation of these rules, any of the following circumstances, it shall be ordered by the city law enforcement department corrections, in accordance with the following provisions:

(A) the construction of units or individuals failing to apply for completion and acceptance of planning and completion of the verification organization, fines of between 10,000 to 50,000 yuan;

(B) unplanned verified or certified not suitable for conditions of use, in accordance with the delivery area fined 100 yuan per square meter;

(C) without changing the built of the garage to use or stop using the car park without authorization fails, from the date of overdue according to a daily penalty of between 20 Yuan and 5 Yuan per square meter;

    (D) unauthorized occupation of City Road set parking, more than 2000 Yuan and fined a maximum of 20,000 yuan.

    40th article violates these rules, and violation of other laws and regulations, and punishment according to law.

    41st parking management services unit due to causes such as poor management in the period of the vehicle was damaged, stolen, shall bear the liability for damages.

    The fifth chapter by-laws 42nd article of the rules take effect on March 1, 2014. Published on March 23, 2009 the parking lot in Guiyang (libraries) Regulations repealed simultaneously.