Xining City Parking Management Approaches

Original Language Title: 西宁市停车场管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201210/20121000377326.shtml

Xining city parking management approaches

    (June 2, 2011 47th Executive session of Xining municipality through May 11, 2012 Xining Municipal Government announced come into force on the date of promulgation, 112th) Chapter I General provisions

    First in order to strengthen the planning, construction and management of parking lots to meet the parking demand, improve the traffic situation, safeguard the legitimate rights and interests of parking and parking operators, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second district-wide car parks in the city planning, construction and related management activities these measures shall apply. Third parking in these measures refers to various types of motor vehicle parking outdoor or indoor places.

    Divided into the following categories:

    (A) public car park: is defined as a social vehicle and special purpose vehicle services operating parks;

    (B) private parking: is primarily intended for the parking of non-operating parks;

    (C) temporary parking: is in urban road temporary sets for motor vehicles parked in garages. Fourth of municipal traffic administrative departments are the various car parks in the city Administrative Department, responsible for organizing, coordinating and implementing the city's parking planning, construction and supervision work.

    Road transport authority is responsible for its management, and together with the municipal public security traffic Administrative Department, Division of planning, approval and monitoring of temporary parking management.

    Public security, planning, urban management, pricing, building, land, real estate, finance, industry and commerce, tax authorities shall, in accordance with their respective responsibilities, good management of motor vehicle parking.

    Various car parks within the District Government should coordinate with the area of planning, approval and management work.

    Fifth of municipal traffic Administrative Department shall, in conjunction with public security, planning, urban management, pricing, building, land, real estate, finance, Commerce, taxation and other departments to build a parking lot management and coordination mechanisms.

    Sets and sixth the car park management should follow the overall planning, rational distribution, service and normal use of the principles. Seventh Government departments and related departments should formulate preferential policies to support construction of parking lots.

    Encourages legal entities, natural persons or other organizations in accordance with the "who invests, who build it; who runs, who benefit from who charges, who manages the" principle of investment, construction, operation, management, parking.

    Planning and construction of chapter

    Eighth of municipal traffic Administrative Department shall, in conjunction with public security, planning, urban management, land, construction and other sectors according to the master plan, urban traffic planning and urban transport development planning public car park, the municipal people's Government for approval.

    Municipal traffic Administrative Department shall, in conjunction with the municipal public security traffic management, urban management, planning and other competent authorities according to the needs of urban traffic management, preparation of motor vehicles temporary parking scheme, and announced to the public.

    Nineth of municipal urban planning departments prepare the new zone, the great (middle), when trading residential and renovation plan of the old city market and, according to urban planning standard parking.

    Article tenth parking lot construction should follow the principles of economical and intensive use of land, making full use of the underground space construction of green areas, squares and other venues the underground car park full use of spatial construction of stereoscopic parking lot. Public car park planning determine car park land without legal process adjustments shall not be changed.

    Public car park land, shall go through the formalities.

    11th new project should be in accordance with national and provincial on design standard of motor vehicle parking facilities parking lot set up, supporting the construction of the car park should be synchronized with the main part of the project design, construction of synchronous, synchronous delivery.

    Alteration, expansion, residential areas, public buildings, commercial blocks (medium)-wholesale distribution market, plazas, should be accompanied, building more parking lots, parking shortage should be rebuilt or extended in time, use parking lot shall not be discontinued or converted to other uses without authorization.

    12th building change functions, distribution of parking lots shall not be appropriated for other purposes.

    Buildings change feature when parking not to change features of parking allocation standard, it shall change the functions of the standard parking or parking. 13th public car park, dedicated to the design of programmes, should be consistent with national, provincial and municipal public car park, private car park set of design standards and specifications.

    Units and construction units shall not alter the planning scheme.

    After the completion of the public car park, private parking, traffic, public security, planning, fire departments, such as the acceptance of the deliverables.

    Chapter III supervision and management

    14th the Government to invest in the public car park, should take the form of open tendering, select professional parking management unit for operation, transferring the right of revenue turned over to municipal finance in full, the two lines of income and expenditure management.

    Other social organizations and individuals to invest in the public car park, owners can operate on their own, or Commission professional parking management units. 15th parking operators shall handle the registration of industry and commerce, taxation, and after registration in the 15th, the municipal traffic Administration Department for record.

    Filing shall submit the following materials:

    (A) the car park management system and the basic conditions in China;

    (B) the parking lot traffic organization plan, floor plans, technical information such as number of berths;

    (C) copy of business license, tax registration certificate;

    (D) public security organs traffic management, planning, urban management and other departments of appropriate recommendations.

    Public car park operators to change registration or an approved business, it shall go through relevant procedures, tax departments for industry and commerce, and changes, within the closing date of 15th to the traffic administration departments, and announced to the public.

    16th public car parks should be open to the public, and to comply with the following requirements:

    (A) the conspicuous and unified parking lots (garages) signs and parking information produced by the traffic Administrative Department of publicity;

    (B) the development of vehicle security, fire management systems;

    (C) the training of qualified management personnel with traffic administrative departments, wearing a uniform identity, certificates;

    (D) the complete configuration of lighting equipment, communication devices, timed charging equipment and parking guidance and information management systems;

    (E) implementation of parking provisions, implementation of price, use unified bills;

    (F) command ordering access and parking of vehicles, maintenance of parking order;

    (VII) not working in the parking lot and road transport related activities;

    (VIII) other provisions of the laws, regulations and rules.

    17th article transport administration authorities and the public security organs traffic management, urban management, Planning Department set up temporary parking, shall comply with the following requirements:

    (A) shall not affect the movement of pedestrians and vehicles;

    (B) the total quantity control of regional road parking requirements;

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

    (D) urban roads and set within the small backstreets of temporary parking on one side of the road should be set.

    Article 18th road temporary parking area is not set:

    (A) the obstacle to vehicle access;

    (B) has been built to provide adequate parking spaces in public car parks service within a radius of 200 meters;

    (C) fire, blind channel and in accordance with the People's Republic of China implementing regulations of the road traffic safety law provisions of the other sections should not be set.

    19th temporary parking in any of the following circumstances, the traffic Administration Department in conjunction with the public security organs traffic management Department, Department of urban management, planning and timely removal:

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

    (B) road around the car park has been able to meet the parking demand.

    Due to traffic management, urban infrastructure or other public construction projects require the removal or transfer of temporary parking, the operator should be subject to adjustment.

    20th temporary parking charge bills, the traffic Administration Department is responsible for the monthly verification, and fee income the full amount paid to the operator, financial, the two lines of income and expenditure management, for use in urban road traffic management and facilities maintenance.

    21st no unit or individual shall have the following behavior:

    (A) allowed to set or remove the temporary parking area;

    (B) obstacles affecting the vehicle parked in a temporary parking;

    (C) parked in a temporary parking of a motor vehicle for business activities;

    (D) damage or unauthorized removal of temporary parking facilities;

    (E) the autotoll device and stop signs on the smear, depict or hanging advertisements, signs, posters and other items.

    22nd transport administration authorities and the public security organs traffic management departments, planning and urban management Department for temporary parking assessment at least once a year, and according to the road traffic situation, surrounding parking needs to be adjusted in a timely manner and to the public.

    23rd temporary parking operators shall comply with the following provisions:

    (A) temporary parking sign, keep the stop signs, marking a clear and complete;

    (B) employees shall be trained and certified, and wear a uniform identification, command vehicle ordered parked, maintaining the order of parking;

    (C) collecting parking fees must be clearly marked, use unified bills;

    (D) public parking services, fees, charges, and supervision;

    (E) maintains the designated parking areas within the urban road sanitation work.
Article 24th traffic Administrative Department shall, jointly with relevant departments, public parking information system construction, management, information technology and other means to encourage and promote the use of intelligent parking lot.

    25th dedicated parking lot met the premise of their parking needs, can provide to the community management of parking services parking operations provides to the community, in accordance with the 14th, 15th, 16th, these measures shall apply.

    Residential owners there are private parking, parking operations provides to the community, must be decided jointly by the owners, and the implementation of property laws and regulations of the relevant provisions.

    Article 26th parking pricing to considering the resource cost, transportation structure adjustment costs, infrastructure costs and management based on factors such as cost, according to urban centers than in urban fringe, outside the road above the road, the ground higher principles, adopt differential rates regulated parking and parking, reasonable parking rates for different models, different Park time.

    27th car park service fees according to the relevant provisions of national and province, respectively, to implement Government pricing or Government guidance prices and market-regulated prices.

    Car park subject to Government pricing or Government guidance prices administration, by price, parking charges approved by the authorities.

    According to the provisions of the present article 26th of 28th article, municipal traffic Administration Department shall, in conjunction with price, planning authorities delineate differential charging of urban centers and the scope of peripheral areas of the city, reported to the municipality for approval before implementation. 29th parking ticket by traffic administration departments accept tax authorities Commission uniform to receive and manage.

    Car park operators are not required to issue legal charge bills, parking offenders have the right to refuse to pay parking charges and complaints to the competent administrative departments. Parking can be to the price Administration Department report business parking lot in violation of these regulations or fees payable under the Act, can contribute to the traffic Administrative Department of complaints or reports of commercial parking violation the other operations as provided herein.

    Car park operators shall participate in the annual quality review.

    Article 30th during major events or holidays, public car park when unable to meet the parking demand, public security organs traffic management departments can request other car parks in meet the parking demand conditions, open to the public.

    31st temporary parking should be distinguished from different regions, places, periods, differential parking policy, implementation of different parking fees and charges established by the Municipal Department in charge of price.

    Articles 32nd to stop people parking in a car park shall comply with the following requirements:

    (A) obey the Manager command, ordered parking;

    (B) not damaged car parking facilities and equipment;

    In addition to special purpose vehicles shall not be parked in the car park is equipped with hazardous chemicals.

    The fourth chapter legal liability

    Article 33rd in violation of these regulations relating to public security, urban management, planning, construction, land, prices, finance, real estate, business, fire regulations, the relevant administrative departments shall punish.

    Violation of these rules, and against the State, a collective or personal property, he shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law.

    34th article violates this approach set forth in 11th, 12th, built by the town and country planning department ordered to fill; fails to fill the building or it can't be built, by the Department of town and country planning in accordance with the relevant provisions of laws and regulations.

    35th in violation of the provisions of article 15th, rectification, given a warning and a fine of 3000 Yuan and 10,000 yuan fine.

    36th article violates this article 16th paragraph (a), (b), (c), (d), (f) and (g) provision and does not participate in the annual assessment, quality examination, rectification and given a warning and fined 300 yuan more than 1000 Yuan fine.

    37th article violates article 21st of this approach (a), (b), (c) and (d) provision and 23rd in subparagraph (a), (b), order the removal of obstacles, restitution, given a warning and a fine of 200 Yuan more than 1000 Yuan fine.

    38th article violates this article approaches 25th, of commercial parking in private parking to serve the community, failing to go through the registration formalities, ordered to go through registration formalities, overdue for a replacement order to stop foreign business conduct, punishable with a fine of 3000 Yuan and 10,000 yuan. 39th article violation this approach 32nd article second paragraph provides of, parking operators or managers should timely report local police organ, by police organ security management sector ordered parking people immediately left, sentenced 300 yuan following of fine; refused to left of or motor vehicle driving into not in site of, by police organ security management sector and police organ traffic management sector tie immediately will motor vehicle drag moved to specifically uses of public parking Park, sentenced 500 Yuan following of fine,

    Trailer Park who pays all the charges.

    40th Transportation Administration and other relevant administrative departments and their staff in the management of any of the following circumstances, monitored by higher administrative authorities or authorities responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) use the convenience of duty ask for and accept other people's property, or seeking other interests;

    (B) finding violations committed not by law be investigated and prosecuted or not to inform the Administrative Department has jurisdiction;

    (C) of dereliction of duty, abuse of power, favoritism;

    (D) the other fails to perform or not perform management duties.

    The fifth chapter by-laws

    41st City County management in accordance with the measures implemented by the car park.

    42nd in the application of these measures by the City Department of transportation is responsible for the interpretation of the specific problems. 43rd article this way as of the date of promulgation.