Beijing Parking Management Approaches

Original Language Title: 北京市机动车停车管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399340.shtml

Beijing parking management approaches

    (20th of November 5, 2013 municipal executive meeting November 18, 2013, order No. 252 of Beijing Municipality announced come into force on January 1, 2014) first in order to strengthen the city's parking management, regulate the order of parking, enhance the level of parking services, promotion of urban traffic environment improvement, green travel guide the public, in accordance with the relevant laws and regulations, combined with the municipality, these measures are formulated.

Planning for second car park within the administrative area of the city, set up, use, management and vehicle parking administration procedures apply.

    Public transport, road passenger and freight transport vehicles such as private car park planning, construction, management, and management of dangerous chemical transport parked vehicles, and other relevant provisions of applicable state and this municipality.

Third car park mentioned in these measures refers to parking places for motor vehicles, including independent construction of parking lots, parking, temporary car parks.

Independent construction of parking lots, is based on planning an independent venue for building open to the public and parked vehicles.

Parking refers to public buildings, places of residential construction of parked vehicles.

    Temporary car refers to temporary places for parking motor vehicles, including road parking and use of neighbourhood road, alley, as well as to build land, parking lots of temporary free space settings.

Fourth parking is static traffic systems, motor vehicle parking consider the overall planning, implementation of different management, and gradually form a parking, separate parking lots for the construction of auxiliary, temporary parking to complement the pattern.

    Encourage social diversity to participate in parking lots in the city, encouraging social unit open to the parking lot.

Fifth of municipal traffic administrative departments in charge of the city's parking management, responsible for the organizations to formulate policies on the city's parking management, parking management and in conjunction with the relevant departments to be integrated and coordinated, inspection and guidance, supervision evaluation.

Development and reform independent administrative departments in charge of the city parking lots for the construction of project examination and approval, approval and for the record, overall arrangement of government investment project construction funds, developing vehicle parking charges, and to supervise and inspect the implementation of the motor vehicle parking charges.

Public security organs traffic management, road and parking order, departments are responsible for the management and setting of road parking.

    Planning, housing and urban-rural construction, financial, land and resources, quality supervision, industry and commerce administration, taxation, civil defence, administrative departments for comprehensive urban management enforcement in accordance with their respective responsibilities, legally responsible for parking management related work. Sixth in district and county people's Government responsible for the administration of parking planning, setting up, management and vehicle parking management of overall coordination.

District/County parking management is responsible for parking management of work within their respective administrative areas.

    Subdistrict offices, Township people's Government in the district and county governments within their respective jurisdictions under the leadership of park management and guide residents ' and villagers ' committees within its jurisdiction through the establishment of parking Management Committee and other forms, according to the parking-control.

Seventh of municipal traffic Administrative Department shall, in conjunction with city planning administrative departments, according to urban planning and urban transportation system planning, combined with the urban construction and development, and the need for road traffic safety management, organization of parking planning, dovetailed with the controlled detailed planning, after approval in accordance with law.

Parking planning should determine the overall development of urban parking policy, parking system and guide its policy, and underground space resource and layout, clear construction sequence, and parking and traffic hub, urban rail transit interchange stations closely.

    District and county governments, motor vehicle parking, according to the special plan, and implementation of their respective administrative areas, and organizations.

Article eighth Park and ride car park and to improve traffic management order build public car-parks, is the city's transport infrastructure, implementation of construction land transfer, according to the Government-led, social participation, business operations of construction and management.

    In the transfer approach for hospitals, government agencies, museums, exhibition halls, schools, kindergartens and public service facilities within the independent construction of car parks, construction with application of the transfer.

Nineth this city encourage units and individuals using underground space development and construction of public car parks.

Utilization health, and education, and culture, and sports facilities and the road, and square, and green underground space resources separate location construction parking of, units should for security argument, sought ground facilities ownership people views, proposed construction programme, by city traffic administrative competent sector or district, and County parking management sector with development reform, and planning, and land resources, and housing urban and rural construction, and municipal city, and civil defence, and garden green, administrative competent sector according to encourages construction of principles, law handle corresponding procedures.

    Construction parking in accordance with the provisions of the preceding paragraph, shall conform to the national and city-building standards and norms, should not affect the roads, squares, green spaces and the use of existing facilities function and safety. Tenth new construction, renovation or expansion of public buildings, residential areas, etc, should be in accordance with the relevant provisions of the State and this municipality and planning targets, construction vehicle with parking.

Supporting the construction of car parks should be synchronized with the main part of the project design, simultaneous construction, acceptance, delivered simultaneously. Construction, reconstruction and expansion projects at the city's core, and planning administrative departments should take into consideration their respective residential parking demand in the region, encourage construction construction indicators based on the use of underground space with additional parking.

    Additional parking on the surrounding construction should be open.

    11th construction in existing residential area parking lot meet the owners of parking demand, in accordance with the provisions agreed by the owners of property management can be integrated using the owners site set up a temporary car park; residential areas do not have sites, district and county governments can organize the relevant departments in accordance with the provisions in the residential area around the neighbourhood road or alley set up a temporary car park.

12th can not meet the needs of residents parking zone, district and county governments can organize relevant units to be built, idle plants, clearing corners and other places, set up a temporary car park.

    Set up a temporary parking lot, shall occupy fire lane municipal infrastructure such as manholes and underground pipelines shall be without prejudice to the normal use of fire-fighting facilities and municipal infrastructure, should not affect the progress of development projects have been approved. The 13th car park, shall conform to the national and municipal parking lot to set standards and design specifications and barrier-free parking in accordance with the standard settings. Set the parking device shall meet the relevant provisions of special equipment.

Car park set in the 10th, setting unit parking spaces should be submitted to the district/County parking management.

    Car Park open to the public and charges, parking guidance systems and parking guidance signs.

14th no unit or individual may unlawfully stopped using parking, parking for other purposes may not be due to implementation other than the original plan will temporarily stop use of the car park.

    Temporary stop use of the car park, park management unit to the public should stop using the previous month, and go through the relevant formalities to the relevant departments. 15th article of the municipal building Commission.

Information management and publishing system for a parking lot, number of parking, dynamic management of parking information, parking lot open to the public and reported in real time distribution, usage, number of berths and so on.

District and county people's Government shall, in accordance with the municipal car park information management and publishing systems, build regional parking facilities, and was responsible for operation, maintenance and management.

    Car Park open to the public and charges, should the construction of parking guidance and information system access with parking facilities in the area, but units will come with except for the construction of a car park open to the public. 16th the city parking fees follow city center area above the perimeter area, on-street parking above the principle of off street parking.

Region-specific classification and standards by the competent administrative Department of the municipal development and reform together with the municipal traffic administrative department determines, submitted to the municipal people's Government for approval.

Temporary parking lot in the residential neighborhood around the road or alley set up, area residents with valid documents when parking, its temporary parking or on a monthly, annual rental of parking fees in accordance with the residential area parking fee standards.

    The municipal development and reform Administrative Department shall, in conjunction with transportation, housing and urban-rural construction administrative departments to develop methods, standardized residential underground car parking charges, improve the utilization ratio of residential underground car park. 17th residential parking should give priority to meet the parking needs of the owners.

    Introduction of parking fees, price control provisions should be performed, and the first paragraph of the article 21st of publicity for the first, second, fifth and eighth service content.

18th article of the city encourage units and residential areas meet the unit, community residents, the parking demand will open to the public parking encourages conditional units will be parking during non-business hours open to the public; encourage units and individuals while parking.

    Parking in accordance with the provisions of the preceding paragraph be open to the public, in accordance with the approved price of social vehicles collect parking fees, but does not apply the provisions of the second paragraph of this article 13th.

19th units or individuals voluntarily cooperation parking, parking management units shall support and cooperation, and to facilitate parking people.

    Parking for parking while parking in the unit who shall, in accordance with the contract period of parking; refused to leave within the specified period, affect normal operation of the car parks, car parks have the right to terminate the wrong parking agreement.

20th car park open to the public, and fees, parking management units shall handle industrial and commercial registration, tax registration, price, price card number approved procedures, after the registration in the 15th district and County Park Management Department for the record.

When filing, shall submit the following materials:

(A) the registration certificate and the copy;

(B) delegate management of entrusted management agreement;

(C) final acceptance documents;

(D) parking floor map and a location map;

(E) meet the required parking facilities list

(Vi) management, services, safety management systems, emergency plans;

(VII) technical specifications of parking guidance and information system construction and management programme.

    In accordance with this article 11th, 18th article before submitting the filing does not include the parking lot set the third, fifth and seventh.

The 21st car park open to the public, park management unit shall comply with the following provisions:

(A) prominently expressed in the parking lot parking lot name, service number, fees, parking and telephone;

(B) in accordance with the approved fees, and issue invoices;

(C) configuration of parking facilities logo identity, provide clear guidance for parking access, to provide the necessary services for persons with disabilities;

(D) direct vehicle access and parking in order, maintaining the order of parking;

(E) develop parking, security, fire protection, environmental management systems;

(Vi) to professional parking management training and assessment;

(VII) shall not be parked in the parking area of vehicle safety and other business activities;

(H) establish a complaints handling system;

(IX) national and other relevant norms and standards for parking management services in this city.

    Center City wide car park open to the public and charges should be open 24 hours; in accordance with the provisions of limited-except for temporary car parks.

    22nd of municipal traffic administrative departments and district/County parking management departments should be open to the public car park operating service quality evaluation and assessment results to the public.

23rd public security organs traffic management departments according to the road traffic situation, surrounding parking requirements, set by law and adjusted on the road side parking in the city garage, and publicity.

    In addition to the preceding paragraph and the provisions of article 11th things, other units and individuals are not allowed in the city on the road to set up and adjust the road parking. 24th district/County parking management signed an agreement with road parking management unit.

Agreements should include both rights and obligations, duration, termination of the agreement and so on.

Road parking management unit commits any of the following circumstances, district/County parking management may terminate this agreement:

(A) quality of service disputes affecting the poor;

(B) not originally pledged service standards;

(C) fails to pay road fees;

(D) failed to pass the quality assessment;

(V) unauthorized subleasing subcontract, affiliated undertakings;

(F) repeatedly committed offences, it refuses;

(VII) agreed to terminate the agreement;

    (VIII) other circumstances as stipulated by laws and regulations.

    25th of municipal traffic administrative departments and district/County parking management plan electronic timing imposed on road parking in the parking charges.

    26th public security organs traffic management based on actual road condition and the need to maintain traffic order, can be adding a partition wall and other facilities on the road, no unit or individual shall not be damaged, moved, or removed.

27th no unit or individual may unlawfully on the roads and other public areas set to pile, locks and other obstacles hindered motor vehicle parking and traffic, shall not without the ownership of the parking spaces set to pile on, lock Realty service enterprise shall be expressed in the property management agreement and parking space rental agreement.

    Without authorization, no units or individuals found on the road set, locking and other obstacles, the power to stop and report.

28th motor vehicles should be parked in the parking lot, and shall not exceed the allotted time.

Motor vehicle parked in a car park, parking shall comply with the following provisions:

(A) subject to guidance;

(B) stop into place and the body shall not exceed parking;

(C) the parking brake;

(D) shall not be damaged parking equipment;

(E) pay parking fees in accordance with regulations;

(Vi) in and out of parking lots, parking garages, and does not impede the movement of other vehicles or pedestrians to normal. Parking who fails to comply with the provisions of the second paragraph of this article, car park management unit has the right to discourage causing damage, park management unit can initiate proceedings in accordance with law.

    Parking has the right to submit complaints of violations of parking management, reporting.

29th organised large-scale mass activities, contractors should coordinate activities around the parking lot, parking services, and marked on the ticket activity around public transport routes, driving directions and parking locations; parking lot can not meet the parking demand, contractors should be in the ticket and other promotional media prompt participants to choose public transport to reach the venue. Large-scale mass activities, need for public security organs traffic management traffic control measures, the public security organs traffic management should take steps to control the 3rd to society announcements.

    Surrounding road conditions, public security organs in venues surrounding road traffic management departments can set a number of interim parking. 30th transport passenger transfer stations, hospitals and other passenger centralized management of establishments should set the taxi and bus.

    Surrounding road conditions, the public security organs traffic management Department in the public roads around the taxi special bus, other vehicles shall not be occupied.

    31st in violation of the provisions of this article 14th, parking stop or car park to be converted to other uses without authorization, consists of comprehensive urban management enforcement rectification, restitution.

32nd in violation of the provisions of paragraph one of this article 20th, no operation of the industrial and commercial registration according to law without authorization in the parking lot, composed of comprehensive urban management enforcement departments or Administrative Department for industry and Commerce according to the Division of responsibilities in accordance with the unlicensed investigation against measures to deal with it.

    Violation of the provisions of the first paragraph of this article 20th, parking management units were not in accordance with the provisions of the parking is for the record, consists of comprehensive urban management enforcement departments 10,000 yuan fine.

33rd in violation of paragraph one of this article 21st first, the provisions of the second, car park management units were not clearly marked, without authorization, raise or lower the fees, by the development and reform of administrative authorities according to law.

    Violation of paragraph one of this article 21st of the third, fourth, sixth, seventh, and eighth to Nineth rule, consists of comprehensive urban management enforcement in a warning, and rectification; fails to mend, of 1000 Yuan fine, causing serious consequences, fined a maximum of 5000 Yuan and 10,000 yuan.

    34th in violation of the provisions of the second paragraph of this article 21st, implementation of any car park is open 24 hours, consists of comprehensive urban management enforcement rectification and fined a maximum of 5000 Yuan and 10,000 yuan.

    35th in violation of the provisions of the second paragraph of this article 23rd, without authorization, in urban settings and adjust the road parking on the roads, traffic management by public security organs shall be ordered to desist from the illegal act, restitution.

    36th article in violation of the provisions of article 26th, without damage, remove, dismantle the separation facilities, traffic management departments shall be punished by public security organs. 37th article violation this approach 27th article of provides, unauthorized in road Shang set to pile, and to lock, obstacles of, by police organ traffic management sector ordered stop violations, quickly recovery traffic; unauthorized in residential public regional within set to pile, and to lock, obstacles of, by housing urban and rural construction administrative competent sector according to property management Ordinance of related provides for punishment; unauthorized in road, and residential yiwai of other public set to pile, and to lock, obstacles of,

The comprehensive urban management enforcement authority shall order to stop the illegal practice, restitution and a fine below 500 Yuan more than 5000 Yuan.

    Traffic Administration Department of public security authorities shall, together with the comprehensive urban management enforcement agencies specific delineation of their respective road and corresponding responsibilities in public places other than roads, residential areas and not clearly defined public places without authorization of enforcement jurisdiction is set to pile, locks and other obstacles, traffic management by public security organs in accordance with the provisions of the first paragraph of this article for violations to be addressed.

    38th, unauthorized settings, locks and other obstructions, belonging to the People's Republic of China administrative mandatory law provisions of the 52nd case authorities decided on an immediate implementation of the performance.

    39th in violation of the provisions of paragraph one of this article 28th, motor vehicle parked in violation of regulations on the roads, traffic management departments shall be punished by public security organs.

40th in violation of these regulations, constitutes a breach of planning, construction, taxation, quality supervision, civil defence, fire services, and related laws, rules and regulations, by the relevant administrative departments according to law.

In the course of administrative authorities to investigate and punish illegal behavior, transfer suspected criminal cases should be in accordance with the provisions of the public security organs.

    Violation of these measures, disturbing public order, Trickster and fraud, obstruction and other acts violating the Administration, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security to deal with case constitutes a crime, criminal responsibility shall be investigated according to law.

41st executive management does not perform its oversight duties or oversight, causing serious consequences, by its higher administrative authorities or the supervision agency ordered corrective action and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.

    The staff of the Executive in the management of parking abuse their powers, neglect their duties, favoritism, bribes, and constitutes a crime, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, shall be given administrative sanctions. 42nd article these measures shall enter into force on January 1, 2014. March 28, 2001 by the Beijing Municipal People's Government adopted at the 33rd Executive meeting of the Beijing municipal public parking of motor vehicles regulations repealed simultaneously.