Shanghai Municipal Parking Lots (Garages) Administrative Measures

Original Language Title: 上海市停车场(库)管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379261.shtml

Shanghai municipal parking lots (garages) administrative measures

    (August 27, 2012 151th meeting consideration of Shanghai Municipal Government on August 31, 2012, Shanghai Municipal People's Government promulgated as of January 1, 2013, 85th) Chapter I General provisions

    Article I (purpose and basis)

    In order to strengthen the municipal parking lots (garages) the planning, construction and management, and regulate parking supply and demand, improve traffic conditions, guaranteed parking lots (garages) parking operators and the lawful rights and interests, in accordance with the regulations of Shanghai Municipality on road transport management and other relevant legal provisions and regulations, these measures are formulated.

    Article II (scope of application)

    This approach applies within the administrative area of the city parking lots (garages) related to the planning, construction, and management activities.

    This approach is called the parking lots (garages), public parking (garage), roads, parking lots and a private car park (garage).

    Article III (management)

    Municipal traffic administrative departments in the city parking lots (garages) competent authorities, responsible for organization and implementation of the measures, tubes, and city parking lots (garages) supervision and administration.

    Area (s) traffic Administrative Department in accordance with the mandate, responsible for car parks within their jurisdiction (library) supervision and management.

    This urban planning and land, building, traffic, housing, financial, pricing, industry and commerce, taxation, fire protection, greening and city appearance management departments in accordance with their respective responsibilities, to coordinate the implementation of these measures.

    Fourth (Trade Association)

    , Parking services, the Association shall, in accordance with the relevant regulations, industry self-regulatory codes, industry service quality evaluation and training work carried out and relevant administrative departments to help make parking lots (garages) related to management.

    Fifth (encouragement and promotion)

    , Encourage social investment, the construction of public parking lots (garages), and encouraged the construction of comprehensive utilization of underground space public car park (garage), application intelligence, and information technology management parking lots (garages).

    Chapter two parking lots (garages), planning and construction management in sixth (planning)

    Public parking (garage) planning by the municipal traffic Administrative Department under the city comprehensive traffic planning and traffic demand, in conjunction with the departments of urban planning and land, construction administration, upon approval by the municipal government, into the corresponding urban and rural planning.

    Seventh (land)

    Public parking (garage) special plan of parking lots (garages) land for Road square land, without legal process adjustments shall not be changed.

    Eighth (setting standards and design specifications)

    Public parking (garage) and a private car park (garage) designs shall conform to the national and municipal parking lots (garages) set standards and design specifications.

    The city parking lots (garages) set standards and design specifications, the municipal traffic administrative departments together with the municipal public security traffic, planning and land administration system, approved by the municipal construction Administrative Department to implement.

    Nineth (construction)

    New public buildings in accordance with State and municipal parking lots (garages), set standards and design specifications, supporting the construction of parking lots (garages) (public car park (garage), private parking (garage).

    New public transportation should be based on comprehensive passenger transport hub in the city planning, supporting public transit parking lots (garages).

    Supporting the construction of parking lots (garages) should be synchronize synchronized with the main part of the project design, construction, synchronization acceptance, delivery.

    Tenth article (s to build)

    The following public buildings in accordance with State and municipal parking lots (garages) set standards and design specifications construction of parking lots (garages), should fill in the alteration, expansion was built:

    (A) the airport, railway station, port terminal, inter-provincial road passenger stations as well as public and private motor vehicle transfer hub station;

    (B) Sports (field) Pavilion, the shadow (drama), Convention and exhibition centers, libraries, hospitals, tourist attractions, business offices, as well as undertaking external Office of administrative services;

    (C) the building area of more than 5000 square metres of shopping malls, hotels, restaurants, entertainment, and business establishments.

    Public buildings in the preceding paragraph due to environmental conditions, could not fill the parking (garage), all public buildings shall be filed with the municipal, district (County), planning and land administration Department on the experts ' technical report.

    11th (construction review)

    The relevant departments shall, in accordance with national and relevant provisions, approval and administration of construction projects in the city, public parking (garage) and a private car park (garage) review of the building.

    Municipal, district (County) Administrative Department of planning and land administration and building public parking lots (garages) and private parking (garage) construction project planning and preliminary design shall consult the municipal, district (County) administrative departments and public security traffic Administrative Department on transport.

    12th (acceptance of planning)

    Municipal, district (County), planning and land administration Department of the public parking (garage) and a private car park (garage) construction project plan acceptance, it shall notify the municipal, district (County) traffic administrative departments to participate.

    13th (changing the nature of audit)

    Without authorization, no unit or individual is allowed to be built in a public car park (garage) or parking (garage) for other purposes.

    Public car park (garage) or parking (garage) properties, shall be subject to municipal, district (County), planning and land administration authorities and the municipal, district (County) traffic administrative departments and public security traffic Administrative Department for approval.

    Chapter III public car park (garage) management

    14th (business registration)

    Public parking (garage) operators shall handle the registration of industry and commerce, taxation, and after registration in the 15th, and related materials to the traffic administrative department or the provisions of Shanghai Municipality on road transport regulations on road transport authority filing procedures. Public parking (garage) operator changes its registered items or business, shall, in accordance with the regulations to go through relevant procedures, tax departments for industry and commerce, and changes, within the closing date of 15th to the records Department for record.

    Public parking lots (garages) closed, the operator should 5th to announce in advance.

    15th (service codes)

    Public parking (garage) operators shall comply with the following service specifications:

    (A) in accordance with the specifications set parking lots (garages) business service marks;

    (B) in accordance with the specifications set parking rules on municipal traffic Administrative Department announced supervision;

    (C) implementation of parking regulations, parking (garage) entrance and Office prominently publicized charges;

    (D) in accordance with the standards for parking shall not be allowed to add or reduce the berth;

    (E) the configuration compliance timing of lighting equipment, communications equipment, charging equipment;

    (Vi) boot order specification for access and parking of vehicles, maintenance of parking order;

    (G) develop parking, security, fire protection, flood control and management systems and contingency plans to respond to emergencies;

    (VIII) staff dress code, wearing a service license.

    16th (driver's code of conduct)

    Motor vehicle drivers and their vehicles in the public parking lots (garages) parking shall comply with the following provisions:

    (A) to obey the command staff, ordered parking;

    (B) not damaged Park facilities and equipment;

    (C) not park filled with flammable, explosive, poisonous, harmful of dangerous goods or other prohibited items, such as vehicles.

    17th (temporary business registration)

    Open operating temporary car park operators using idle land shall be in accordance with the provisions of the present article 14th, industrial and commercial, tax registration and filing procedures. Operator before going through the formalities, shall, in accordance with the municipal traffic administrative departments of the relevant provisions for parking a fire conditions as well as to assess the impact on traffic, the environment. The assessment process, managers should public car park plan, and through seminars and other means to listen parking lot surrounding units, residents ' views.

    Assessment report and listen to the views of the filing formalities when I submit to the record Department.

    Temporary parking lot operators shall comply with the 15th article of this approach, the second, third, sixth, seventh, and eighth rule.

    The fourth chapter road car park management

    18th (principles and programmes)

    Road car park setting should be strict control of total amount.

    Parking plan for the municipal, district (County) public security traffic management authorities and the traffic Administrative Department, building administration in accordance with the following principles:

    (A) total quantity control of regional road parking requirements;

    (Ii) regional parking supply and demand conditions, adapt to traffic conditions and road capacity;

    (C) differences at different times for different purposes of parking demand.

    When preparing the parking plan, municipal, district (County) public security traffic Administrative Department traffic heard by the Administrative Department shall, together with the nearby public car park (garage) operators and other enterprises, the views of the residents. Municipal, district (County) of traffic management and traffic administrative departments shall, in accordance with its responsibilities, designated berths lines, set up a stop sign, parking public parking charges and road rules.

    No other unit or individual is allowed on the road (including streets, neighborhood in the channel) to install locks, for marking on set, including parking.

    19th (managers) to

    Road car park managers identify approaches, developed separately by the municipal traffic administrative departments.

    20th (billed)

    Street parking may take time or charged per parking fee.

    Street parking on-time billing, according to road traffic in the surrounding area, progressive billing or limited parking means of billing.

    21st (charges)

    Road car park managers can use electronic instruments or artificial methods, collect parking fees.
22nd (management)

    Parking fee payable for administrative fees, the two lines of income and expenditure management.

    Income paid in full fiscal expenditures approved by the budget in accordance with the approved budget allocation.

    23rd (removal)

    Road car park, one of the following circumstances, municipal, district (County) public security traffic Administrative Department shall, in conjunction with the traffic Administrative Department be removed in a timely manner and notify the construction Administrative Department:

    (A) changes in traffic conditions, road parking has affected normal passage of vehicles;

    (B) the road nearby public car park (garage) has been able to meet the parking demand;

    (C) the road parking rate is too low.

    After the removal of parking, municipal, district (County) public security traffic management and traffic Administrative Department shall promptly restore roads intact.

    24th (street parking service specification)

    Road car park management should comply with the 15th article sixth, eighth provision and implementation of road toll provisions regulating the use of parking facilities.

    Road car park management should strengthen the management of staff, establish a complaints mechanism, staff in a timely manner according to the stipulations, do not issue-specific toll receipts and other irregularities.

    Road car park, parking, staff members shall be subject to the service industry association training examinations.

    25th (Road Park code of conduct)

    Motor vehicle drivers in road car park parking shall comply with the following provisions:

    (A) the provisions of this article 16th;

    (B) pay parking fees in accordance with the regulations;

    (C) the time limit parking parking shall not be time parking.

    Motor vehicle drivers in the use of electronic road parking parking meter charges, paying credentials should be visibly placed in the windscreen of the vehicle, for inspection.

    Motor vehicle drivers do not pay parking fees in accordance with the regulations of the information should be incorporated into the personal credit information system of this municipality.

    Fifth chapter other related management

    26th (price management)

    The city parking lots (garages) service charges according to different properties, different types are market-regulated prices and Government guidance prices and Government pricing.

    Government guidance prices and Government pricing of parking (garage), differences between different regions, different time, and in accordance with the same principles of regional road parking above the off street parking, determining the maximum parking standards.

    Government guidance prices and Government price parking lots (garages) type and parking charges, by municipal pricing administrative authorities together with the municipal finance, transportation shall be formulated by the Administrative Department.

    Public transit parking lots (garages) Government pricing, traffic, and in accordance with the provisions of the administrative departments and the Municipal Finance Department, enjoy the corresponding subsidies.

    27th (document management)

    Public parking (garage) operators to collect parking fees, should use uniform invoice produced by the local tax authorities.

    Road car park managers to collect parking fees, you should use the municipal or district (County), private fee receipt produced by the financial sector.

    Public parking (garage) road parking operators or managers are not in accordance with regulations issued uniform invoices, special fee receipt, vehicle drivers can refuse to pay parking fees.

    28th (information management)

    The city public parking information system networking management.

    Municipal, district (County) traffic administrative departments shall, in accordance with unified standards to organize public parking information system construction, and through the Web site, parking guidance signs and other means, to provide public parking lots (garages) remaining quantity location, parking and other information services.

    Public parking (garage) operators and road car park managers shall, in accordance with the relevant regulations and standards, to parking information into the city's public parking information system.

    Public parking information system networking management requirements and related standards by the municipal traffic Administrative Department in conjunction with the departments concerned.

    29th (statistics)

    Public parking (garage) operators and road car park managers should be in accordance with the provisions to the traffic administrative department or the provisions of Shanghai Municipality on road transport regulations road transportation management agencies to submit statistical information.

    Private parking (garage) commissioned by the owners or their managers should be in accordance with the Declaration of parking lots (garages) number of berths.

    30th (private parking (garage) calls)

    Set by the Municipal Government during major events, public car park (garage) when unable to meet the parking demand, private car park (garage) owner or its delegated management shall, in accordance with the municipal traffic administrative authority requirements, meet the conditions of their parking needs, open to the public.

    31st (stopping resource sharing)

    Municipal traffic Administrative Department shall, in conjunction with public transport, housing and construction Administrative Department of parking guidance resource sharing opinions, and strengthen the supervision and guidance of shared work.

    Area (s) people's Governments shall organize the district (County) traffic, public safety, housing and construction Administrative Department to establish parking resources sharing coordination system, developed in the area (s) parking resource sharing plans, promoting the district (County) of parking within the wrong use of resources. The township (town) people's Governments, neighborhood offices shall, in accordance with the district (County) stopping resource sharing plans, and township (town), street parking and parking demand in resource status, delineation of the shared area, guiding residents and property owners within the shared areas and Organization Committee consultation in the region of Hong Kong, and parking lots (garages) resource sharing scheme, enter into a sharing agreement.

    Of shared programmes and sharing agreements should be explicitly shared parking motor vehicles and garages, parking fees, parking time limits, parking self-regulatory codes, violation of self-regulatory codes and so on.

    32nd (time set road car park) Parking and parking demand contradiction of residential district and its surrounding roads have night-time parking conditions, Township (town) people, neighborhood offices parking programme can make roads through the district (County) public security traffic administration, transportation, housing, construction approval, sets the time road car park.

    Road parking programme should include the allowed period, would allow parked motor vehicle range, parking fees, violation of the rules, and so on.

    More than road car park a motor vehicle in a specified time period, the municipal, district (County) public security traffic Administrative Department under the national road traffic safety regulations for processing, and the city.

    The sixth chapter legal liability article 33rd (administrative penalties)

    Municipal, district (County) traffic administrative departments to the acts in violation of these measures, be punished in accordance with the following provisions: (A) public car park (garage) operators disobey article 14th, did not perform the obligation of filing, a rectification.

    Fails, a fine of 200 Yuan more than 2000 Yuan fine.

    (B) public parking lots (garages) breach of article 15th of this approach first, second, fourth, fifth, sixth, seventh and eighth rule, did not comply with the relevant service standard, a fine of 200 Yuan more than 2000 Yuan fine.

    (C) road car park Manager in violation of the first paragraph of article 24th, did not comply with the relevant service standard, a fine of 200 Yuan more than 2000 Yuan fine. (D) motor vehicle drivers disobey 25th article, in accordance with the provisions of payment of parking fees, overtime parking, shall be ordered to pay the parking fee, and a fine of 50 Yuan and 300 yuan fine.

    Unable to verify identity of the motor vehicle driver, can ask the owner of the vehicle to inform the law-stipulated time at specified places for treatment.

    (E) a motor vehicle driver's violation of the article 25th paragraph, in accordance with the provisions placing payment credentials, fined 20 Yuan and 50 Yuan fine.

    (Vi) public parking lots (garages) operators, road car park managers violated article 28th of the approach prescribed in the third paragraph, does not include parking information in the city's public parking information system pursuant to the provisions of, and fined 1000 Yuan and 10,000 yuan fine.

    (VII) public parking lots (garages) operators, road car park managers, private parking (garage) all or its authorized administrator violates the provisions article 29th of this approach, submit statistical information in accordance with the provisions or declarations parking lots (garages) number of berths is punishable by fines of less than 300 yuan and 3000 Yuan.

    Violation this approach 13th article first paragraph provides, unauthorized will separate construction of public parking (library) moved for he with of, by city or district (County) traffic administrative competent sector sentenced 30,000 yuan above 100,000 yuan following of fine; unauthorized will public building and residential community supporting construction of parking (library) moved for he with of, according to national and this city property management provides for processing.

    34th (principal administrative penalties)

    Municipal, district (County) traffic administrative departments may delegate their respective traffic administrative penalties stipulated in administrative law-enforcement agencies implementing these procedures.

    35th (obstruction)

    Obstructing a law enforcement officer performing official duties according to law, in violation of the People's Republic of China Law on administrative penalties for public security, the public security departments dealt with according to law constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    Article 36th (private parking (garage) management)

    Private parking (garage) provides business park to the public service, in accordance with this approach on public parking lots (garages) regulations.

    37th (relating to the meaning of the term)

    These measures concerned the meaning of the term:

    (A) public car park (garage), is based on planning and construction of public buildings have parking places for operating a motor vehicle under construction.

    (B) public transport interchange parking lots (garages), refers to the set near the public transport hub, with lower parking price guide and encourage drivers Park and ride public transport to reach the destination public car park (garage).

    (C) parking refers to sets of parking places for motor vehicles in the road.

    (D) private parking (garage), refers to this unit, this residential parking places for motor vehicles and private parking.
38th (execution date)

    These measures shall take effect on January 1, 2013.

    January 10, 2005 issued by the Shanghai Municipal People's Government, the 44th of the Shanghai municipal parking lots (garages) Regulation repealed simultaneously.