Procedures Of Shanghai Municipality For Administration Of Non-Motor Vehicles

Original Language Title: 上海市非机动车管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399357.shtml

Procedures of Shanghai municipality for Administration of non-motor vehicles

    (October 14, 2013 the 26th Executive meeting of the Municipal Government announced on October 20, 2013, Shanghai Municipal People's Government, the 9th since March 1, 2014) Chapter I General provisions

Article I (purpose and basis)

    In order to strengthen the management of non-motor vehicles to ensure road safety and the smooth flow and protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China Law on road traffic safety, the People's Republic of China product quality law and the People's Republic of China implementing regulations of the road traffic safety law and other laws and regulations, combined with the city's actual, these measures are formulated.

Article II (scope of application)

    Within the administrative area of the city of non-motor vehicle production, sales, registration, access, and management-related activities governed by this approach.

Article III (segregation of duties) Municipal Public Security Bureau is the Administrative Department of non-motor vehicle management.

Public security organs traffic management Department is responsible for the registration of non-motor vehicles and traffic management.

Quality and technology supervision departments are responsible for quality supervision and management of the non-motor vehicle production.

Administration of industry and commerce is responsible for the supervision and administration of non-motor vehicle sales.

Economic information, traffic, environmental protection, urban construction administration, disabled persons ' Federation, and other departments and units according to their respective duties, non-motor vehicle management related work.

    District and county governments are responsible for organizing relevant departments good management of road non-motor vehicles parked in the area.

Fourth (control measures)

    The reality, according to the needs of urban road traffic development and environmental protection, regulation of specific types of non-motor vehicles total amount or take out measures.

    Chapter II administration of non-motor vehicle production and sales

Fifth (safety requirements)

In the production and sales of non-motor vehicles shall comply with the relevant national standards.

    National standards for electric bicycle motor power, motorized wheelchairs for the disabled standard gasoline engine emissions and other recommended items, enforcement in this city.

Sixth (catalog) The city meets the requirements of the national standards, and the city's electric bikes, motorized wheelchairs for the disabled product catalog management system.

Because they do not meet State standard requirements not included in the catalogue and this city electric bike, motorized wheelchairs for the disabled, may not be sold in the city and on the registration card. Electric Bicycle catalog by economic information Commission, the municipal quality and technical supervision Bureau, the municipal industrial and commercial Bureau, the municipal Public Security Bureau, the municipal environmental protection Bureau and other departments and the relevant trade associations to compile.

Motorized wheelchairs catalogue of persons with disabilities by the city economic information Commission, the municipal disabled persons ' Federation, in conjunction with city of quality and technical supervision Bureau, city industrial and commercial Bureau, the municipal Public Security Bureau, the municipal environmental protection Bureau and other departments.

    Electric Bicycle catalog, motorized wheelchairs for the disabled list shall contain the manufacturer, brand, model, and technical parameters, etc, to public safety with good products, and timely updates.

Seventh (change technical parameters)

Has been incorporated into the product catalog electric bicycle, motorized wheelchairs for disabled persons technical parameters change, departments responsible for inventory should be approved again.

    Producer alter stereotyped technical parameters, delete the corresponding product from the product catalog.

Eighth (sales commitments)

Electric bicycle, motorized wheelchairs for the disabled, the seller shall be in sale places prominently publicized list of current products, and through the shop notices, such as set out in the sales documents, committed the company to sell vehicles to consumers was included in the product catalog, in line with the conditions on the registration of this municipality.

    Consumers to buy electric bikes, motorized wheelchairs for the disabled were not included in the product catalog could not be registered in this city on the card, it may return.

Nineth (prohibition of assembling, installing, modification)

Units and individuals are prohibited to take the following actions:

(A) assemble non-motor vehicles;

(B) install power unit, in the non-motor vehicle seating, high-decibel sound, or unauthorized installation of Hood;

(C) the change of dimensions of the exhaust system of motor vehicles, or replace the power unit without authorization;

(Iv) remove or alter non-motor silencer, speed, exhaust gas processing device;

(E) other changes non-vehicle setting technical parameters, affect the assembling, installing, modification of the motor vehicle safety act.

    Banning the sale of non-motor vehicle assembling, installing, modification.

Tenth (complaint) Acts of unlawful production, sale of motor vehicles, units or individuals can contribute to the quality and technology supervision departments, the industrial and commercial administration sector reports, complaints.

Quality and technology supervision departments and industrial and commercial Administration Department after receiving the reports, complaints, should be promptly investigated and dealt with according to law.

    The investigation substantiated violations, quality and technical supervision Department, administration for industry and commerce shall promptly investigate and deal with briefings City economic information Commission, the municipal disabled persons ' Federation and other relevant departments and units.

11th (coordination mechanism)

Public security organs, the quality and technology supervision departments, industrial and commercial administrative departments to establish coordination mechanisms for law enforcement. Police discovered the illegal production and sale of non-motor vehicles, shall promptly notify the quality and technology supervision departments, industrial and commercial administrative departments, quality and technology supervision departments and industrial and commercial administration departments should be promptly investigated and dealt with according to law.

    Hinder the quality and technology supervision departments, industrial and commercial administrative departments to perform their duties according to law, the public security organ shall be checked and processed.

12th (environmental protection)

Electric bike electric bicycle should be used for all of the battery to the electric bike producers, sellers, or to have a qualified hazardous waste disposal units for centralized treatment.

Electric bike producers and sellers should take the old for the new way of recycling waste batteries of electric bicycles, establish the recovery account, sent to the centralized treatment of a qualified hazardous waste disposal units.

    Encourage electric bike producers and sellers take trade-in, recycling of electric bicycles.

13th (update disabled wheelchair subsidies) Updated subsidies in motorized wheelchairs for persons with disabilities in the city system.

    Already registered on motorized wheelchairs for the disabled to the specified unit, subsidized by the disabled persons ' Federation in accordance with the provisions.

    Chapter III administration of registration of non-motor vehicles

14th (registered vehicles)

The following non-motor vehicles, shall be registered by the municipal public security traffic management departments, access to non-motor vehicle license plates and vehicle registration (hereinafter referred to as non-motor vehicle license plates):

(A) electric bicycle

(B) persons with disabilities have motorized wheelchairs;

(C) the rickshaw;

(D) municipal people's Governments shall register on other non-motor vehicle licensing.

    Voluntary registration of bicycles, hand-cranked wheelchairs for the disabled, on which an application for registration, the public security organs traffic management should be handled.

15th (application for registration on the card)

The first paragraph of this article 14th, non-motorized vehicle, the owner shall, from the date of purchase in the 15th, to public security organs traffic management on the application for registration, on-site inspection of vehicles and submit the following materials:

(A) the identity card, residence booklet non-motor vehicle owner or business license or other valid identification;

(B) purchase vouchers or other non-motor vehicle legal origin certificate;

(C) the non-motor vehicle factory qualified certificate;

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

    Motorized wheelchairs for the disabled on all entry applications for registration, it should be to the place of permanent residence of the district and County public security traffic management departments, the materials except as provided in the preceding paragraph, shall also submit the certificate issued by the municipal disabled persons ' Federation.

16th (registration cards on special request)

Motorized wheelchairs is limited to eligible persons with disabilities disability of lower limbs on the applications for registration of a licence, each person can register a car.

    Cycle rickshaws are limited to municipal, environmental and other units required by operations on the application for registration.

17th (registration card) On application for registration on the licensing of non-motor vehicles, public security organs traffic management departments shall carry out inspection.

Materials are complete and in conformity with the provisions and should be registered on the spot and issued a non-motor vehicle license plates; not to register on the card should be reasons to the applicant in writing.

    Non-motor vehicle license plates produced by the public security organs traffic management departments.

18th (change of registration)

Have been registered on the licensing of non-motor vehicles, one of the following circumstances, not a motor vehicle owner should submit the vehicle to the public security organs traffic management, to apply for registration of change:

(A) replacement of body and frame;

(B) the replacement vehicle for quality reasons;

(C) persons with disabilities have replaced motorized wheelchairs in accordance with safety requirements for power;

    (D) habitual residence in motorized wheelchairs for all persons with disabilities changed.

19th (transfer)

Have been registered on the licensing of non-transfer of vehicle ownership, non-motor assignee shall submit to the public security organs traffic management vehicles, apply for a transfer of registration.

    Pedicabs not for transfer of registration.

20th (cancellation of registration)

    Have been registered on the licensing of non-motor vehicles stolen, lost, destroyed or returned for quality reasons, non-motor vehicle owner shall apply for cancellation of registration to the public security organs traffic management.

21st (certificate renewal, and replacement)

    Non-motor vehicle license plates is damaged, destroyed or lost, not a motor vehicle owner should submit the vehicle to the public security organs traffic management, application for renewal or replacement of non-motor vehicle license plates.

22nd (other provinces non-motor vehicle registration)

    Other provinces the number plate not needed in a motor vehicle traffic in the city, non-all motor vehicles shall, in accordance with these rules to apply to the public security organs traffic management departments registration, made non-motor vehicle license plates in the city.

23rd (information openness and convenience measures)

    Public security traffic administrative departments shall be of non-motor vehicle registration conditions and procedures, required to submit materials and application form model to the public and take the registration point, additional ways of simplifying procedures, provide convenience for people applying for a non-motor vehicle registration.

24th (education)

    Public security organs traffic management departments should be combined with a non-motor vehicle registration and management, to road non-motor vehicle driver traffic safety laws, rules, regulations, publicity and education, enhance their awareness of road traffic safety.

25th (registration)

    Non-specific measures for the registration of motor vehicles, developed separately by the municipal Public Security Bureau.

    The fourth chapter of non-motor traffic management

26th (vehicles)
Following non-motor vehicles can run on Road:

(A) has been registered on the licensing of electric bicycles, motorized wheelchairs for the disabled, tricycles;

(B) bicycles, hand-cranked wheelchairs for the disabled;

(C) municipal people's Government to other non-motor vehicle traffic.

Should register on the licensing of new purchases of vehicles, drivers can purchase voucher holders in car in 15th after a temporary pass.

    Against this article, except as provided in the second paragraph of other non-motor vehicle on roads.

27th (license)

Driving has been registered on the licensing of non-motor vehicles on roads should be onboard vehicle registration, and installed in accordance with the provisions of the non-motor vehicle plate, keep the number plates of clear and complete, and shall not deliberate occlusion and defaced. Forgery, alteration, or use counterfeit or altered non-motor vehicle license plates.

    Prohibit the use of other vehicles, non-motorized vehicle license plates.

28th (basic safety requirements)

    Driving on-road non-motor vehicles, security facilities such as brake and reflectors at night should be maintained in good condition.

29th (General provisions)

Driving on-road non-motor vehicles, shall comply with the road traffic safety laws and regulations on road traffic regulations and to the following provisions: (A) in a non-motorway lane; where there is no designated bicycle lane on the road, bicycle, electric bicycle on the roadway to the right edge to the left 1. 5-meter driving range, hand-cranked wheelchairs for the disabled, persons with disabilities motorized wheelchairs, pedicabs on the roadway to the right edge of line 2 to the left.

Within 2 metres of the road.

(B) in addition to legal cases could be routed through, and shall be driven into a motorway.

(C) shall be driven into highways, viaduct, tunnel and bridge crossing the River, the area closed to non-motor traffic.

(D) when crossing, slow down, when pedestrians by crosswalks, parking lines run along the road without traffic signals, pedestrians crossing the road, it shall give way.

(V) slow down before turning, and motioned, turn lights open turn signals; overtaking shall be without prejudice to being beyond the vehicle.

(Vi) shall not implement other safe driving behavior.

    Prohibited from driving installation, retrofitting, modification of non-motor vehicles on roads.

30th (special provisions on passage)

Driving roads on the electric bicycle, motorized wheelchairs for the disabled, subject to compliance with article 29th provided, shall comply with the following requirements:

(A) the driving age of 16 years;

(B) the maximum speed shall not exceed 15 km;

    (C) non-lower extremity shall drive a disabled motorized wheelchairs for disabled people.

31st (manned provisions)

Bicycles, electric bicycles manned, shall comply with the following requirements:

(A) driving bicycle, electric bicycle, the limit load 1 minors under 12 years of age;

(B) driving a bicycle, motor-driven bicycles powered by minors under the age of 6, use a fixed seating;

    (C) minors under 16 years of age to drive a bicycle shall not be manned.

32nd (loading regulations)

Non-motor vehicle carrier, shall comply with the following requirements: (A) bicycles, electric bicycles, hand-cranked wheelchairs for the disabled vehicle, motorized wheelchair for the disabled vehicle, and height from the ground shall not be more than 1. 5 meters, width on each side shall not exceed the handlebar 0. 15 m, length front end should not exceed the wheel ends shall not exceed the body after 0.

3 m; (B) the rickshaw load, height shall be not more than 2 metres from the ground, body in width on each side shall not exceed 0.

2 meters, the length should not exceed the body 1 m;

    (C) non-motor vehicles carrying reinforced measures should be taken to prevent goods scattered, float in situations such as road.

33rd (Park Road)

Non-motor vehicle parked on the road, you should use a non-motor vehicle road site.

    District and county governments should be based on non-motor vehicle road site set specifications, preparation of the district and County Road non-motor vehicles site planning, dedicated management sector to implement non-parked vehicle setup work, and of the dedicated management team, strengthening the day-to-day management of the Park Road non-motor vehicles.

34th (special parking facilities)

    Stations, ports, mass transit stations and other transportation centers, hospitals, schools, shopping malls, bazaars, pedestrian streets, theaters, stadiums, exhibition halls and other places with more mobility, its management should set non-motor vehicles special parking facilities, and implemented by professionals or to entrust professional services organisations.

35th (non-motor insurance)

    The City encourages non-motor vehicle driver insured for third party liability insurance, personal injury and property damage insurance.

    The fifth chapter legal liability

Article 36th (guideline articles)

    Acts in violation of these rules, People's Republic of China on road traffic safety Act and the People's Republic of China Law on road traffic safety regulations, the Shanghai Municipality on road traffic regulations and other laws and regulations dealing with provisions from its provisions.

37th (penalty for illegal production and sale of non-motor vehicles Act)

Violation of the first paragraph of this article fifth, production and sale of non-motor vehicle does not meet national standards, by quality and technology supervision departments and industrial and commercial administration departments in accordance with the People's Republic of China product quality law, the Shanghai Municipal Ordinance dealing with product quality.

Violation of the sixth paragraph these measures, sales not included in the catalogue of electric bicycles, motorized wheelchairs for the disabled, by the Administrative Department for industry and commerce more than 5000 Yuan and fined a maximum of 50,000 yuan.

    Violation of paragraph II of this article eighth, refuses to return, by the Administrative Department for industry and commerce in accordance with the People's Republic of China Law on consumer protection provisions.

38th (assembling, installing, modification of punishment for non-motor vehicles and sales)

    Violation of these measures article Nineth, those engaged in assembling, installing, modification, non-operating motor vehicle or selling non-motor vehicle assembling, installing, modification, by the quality and technology supervision departments, industrial and commercial administrative departments according to their respective functions more than 2000 Yuan and fined a maximum of 20,000 yuan.

39th (penalties for non-vehicle road traffic safety violations)

Violation of paragraph one of this article 14th, 26th paragraph, driving without a license without a licence, non-motorized vehicle or non-motor vehicle on roads closed to traffic, public security organs traffic management Department fines of between 50 Yuan and 200 Yuan.

Violations of this article 27th, 28th and 29th in the first paragraph of article, 30th, 31st, 32nd, 33rd, specified in the first paragraph, by the public security organs traffic management departments warned or fined a maximum of 5 Yuan and 50 Yuan.

Violation of paragraph II of this article 27th, forged, altered or forged, altered, non-motorized vehicle license plates, and the use of other non-motor vehicle license plates of vehicles, traffic management by public security organs Department fines of between 50 Yuan and 500 yuan in serious cases, fined a maximum of between 1000 and 500 Yuan.

Violation this approach 29th article second paragraph provides, driving added loaded power plant of bike, and human tricycle Shang road driving of, by police organ traffic management sector ordered corrected, at warning or 5 Yuan above 50 Yuan following fine; driving other assembled, and added loaded, and modified of non-motor vehicle Shang road driving of, by police organ traffic management sector ordered corrected, at 50 Yuan above 200 Yuan following fine.

    Violation of the first paragraph of this article 33rd, non-motor vehicle not parked in a non-vehicle parking, affect the movement of other vehicles and pedestrians, and the perpetrator is not present, the public security organs traffic management departments, in conjunction with the city administration of the departments on site clean up.

40th (administrative penalties for public security and criminal liability)

    Violation of these rules, activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

41st (administrative)

Violation of these rules and related administrative departments and their staff, one of the following acts, by the unit or by the competent authorities directly responsible for and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) does not perform a non-motor vehicle production and sales functions of supervision, not to investigate and punish acts of illegal production and sale of motor vehicles;

(B) does not perform a non-motor vehicle registration, traffic management duties, other than not to investigate and punish illegal traffic of motor vehicles;

(C) without statutory basis or violation of legal procedure;

    (D) other acts of abuse of authority, dereliction of duty or engages in.

    The sixth chapter supplementary articles

42nd (interim management measures)

On this approach announced Qian has purchase but for not into products directory cannot registration Shang brand of electric bike, its by was in this approach implementation of day up 6 months within police organ traffic management sector apply for temporary passage voucher of, can since this approach implementation of day up 3 years within Shang road driving, and comply with about non-motor vehicle passage management of provides; expires Hou, shall not Shang road driving.

    Management measures before the specific measures shall be formulated separately by the municipal Public Security Bureau.

43rd (date) These measures shall take effect on March 1, 2014. September 19, 2001 issued by the Shanghai Municipal People's Government, the 108th of the procedures of Shanghai municipality for Administration of non-motor vehicles at the same time abolish.