Motor Vehicle Parking Lot Management, Kunming Procedures (Revised)

Original Language Title: 昆明市机动车停车场管理办法(修订)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201210/20121000377320.shtml

Motor vehicle parking lot management, Kunming procedures (revised)

    (May 4, 2012, Kunming city people's Government at the 32nd Executive meeting on June 15, 2012, 113th Kunming city people's Government promulgated as of July 15, 2012) Chapter I General provisions

    First, motor vehicles, in order to strengthen the planning, construction and management of parking lots, road traffic safety and the smooth flow, maintaining the lawful rights and interests of operators of motor vehicle parking and parking, according to the provisions of relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies to motor vehicle parking within the administrative area of the city planning, construction, operation and management.

    Vehicles parking in these measures (hereinafter referred to as the parking lot) refers to vehicles parked in places, including in the public car park, private parking, road temporary parking.

    Parking refers to public car park society location; private parking available to the unit, refers to the main residential areas or transport of dangerous chemicals, and specific parking places; internal temporary parking means setting in the urban road for motor vehicles temporary parking garages.

    Third people's Governments at various levels shall strengthen the construction and management of public parks, development of park management and service policies, fostering the development and nurturing of parking services.

    Fourth, parking, municipal transport Administration Department is responsible for the oversight, its road transportation management of institutions responsible for the management of car parks and service work.

    Public security organs responsible for temporary parking of road traffic management Department setting and supervision and management.

    Development and reform, planning, housing, land, business, tax, comprehensive urban management enforcement, environmental protection, fire protection, financial and other administrative departments shall, in accordance with their respective responsibilities, parking management services.

    Article fifth parking services shall be in accordance with the provisions of the laws, regulations and rules of the Association, industry self-regulation, and traffic and transportation Administration Department and the public security organs under the guidance of the traffic Administrative Department of business, assist in car park management.

    Sixth to encourage units and individuals to invest in public parking or underground parking.

    Encourage and promote the use of intelligent, information technology management parking lot.

    Planning and construction of chapter

    Seventh public car park professional system planning should be based on urban planning and urban transportation system planning requirements, as well as urban road traffic safety management, and construction and development needs of the transportation Administration Department in conjunction with the planning, public security, land administration departments, reported to people's Governments at the same level for approval promulgation and implementation.

    Professional system planning permission approved public car parks adjust needed adjustment, shall be formulated according to the original program.

    Article eighth professional system planning determine car parks to public car park, without legal process adjustments shall not be changed.

    Independent public car parks should be taken according to law in the construction of bidding, auction and listing sold for.

    Nineth transportation administrations should be based on public parking system planning and development of urban parking needs, develop annual construction plans of the public car park, reported to people's Governments at the same level for approval organization.

    Tenth public parking construction shall conform to the public car park professional system planning, full body or with solid space construction of underground car parks. In the city center within the city limits, not new open-air public car park.

    Has outdoor public parking lots should be carried out step by step three-dimensional reconstruction. 11th to the design of programmes, shall conform to the national, the province and the municipality of setting standards and design specifications.

    Parking in this city set standards and design specifications by the municipal transport Administration Department in collaboration with the municipal administration of housing development announced after the implementation.

    12th plan, housing administration, in reviewing independent public car park of the building construction project planning and preliminary design proposals, transport Administration Department and the public security organs shall be solicited views of traffic management departments.

    13th new construction, renovation or expansion of public buildings, commercial streets, residential areas, (a) construction shall be in accordance with the relevant provisions and requirements have car park under construction.

    Article 14th have parking lots under construction should be synchronized with the main part of the project design, construction of synchronous, synchronous delivery.

    15th parking lot construction projects after acceptance shall be made to the transport Administration Department for record.

    16th set up a temporary car park shall comply with the road traffic safety requirements and the corresponding technical specifications, and in accordance with relevant formalities in the 30th, to the transport Administration Department.

    In case of major events, public car park when unable to meet the parking demand, private car parks shall be in accordance with the requirements of public security traffic management departments, in meet the parking demand conditions open to the public.

    17th no units and individuals are not allowed to stop the use of parking lots or converted to other uses.

    Due to modification, adjustment of urban planning or urban construction, need to change for parking or demolition of the original parking lot, shall go through the relevant approval procedures.

    Chapter III public car park management Assignment of the 18th government investment in public car park management should adopt open bidding and auction.

    Transfer revenue paid in full financial, for planning, construction and management of public car parks.

    19th public car park operators shall handle the registration of industry and commerce, taxation, and after registration in the 15th, to the road transport authority filing procedures.

    Change of registered particulars or go out of business, it shall change or cancellation, alteration, cancellation procedures within 15th of the road transport administration filing procedures.

    20th public car park operators shall comply with the following provisions:

    (A) in prominent positions at their entrances and set parking, parking information publicity and unified parking signs, clearly publicity boards;

    (B) delimit parking in a car park line, set the entrance sign, guide signs, corner safety as mirrors, Po (pass) road skid line configures the necessary ventilation, lighting, drainage, communications, fire control, monitoring facilities and to ensure the normal operation of the facility;

    (C) equipped with the appropriate managers, responsible for access to the appearance of the vehicle inspection and registration, issuance and inspection of parking vouchers, command vehicle in order to access and parking to help regulate traffic parking entrance, maintaining the order of parking in a car park;

    (D) the car park fire, theft, security, etc;

    (E) in accordance with the relevant regulations and standards, volume, parking of the vehicle in a car park spaces, spaces for vacancies and other information into the city's public parking information system;

    (F) to fulfil the obligation of taking care of the parking, the violator shall bear liability;

    (VII) other obligations provided by laws, rules and regulations.

    Article 21st motorists into driving into parking lots, shall comply with the following requirements:

    (A) obey the Manager command, ordered parking;

    (B) in accordance with the approved prices, pay parking fee;

    (C) receive a parking voucher and keep it in designated parking spaces or parking permit parking locations, care and correct use of parking facilities and equipment;

    (D) may not park filled with flammable, explosive, poisonous, harmful, dangerous goods vehicles;

    (E) other obligations provided by laws, rules and regulations.

    Fourth chapter dedicated car park management

    22nd special parking should configure the necessary ventilation, lighting, drainage, fire fighting, security and other facilities, and keep it running.

    23rd special parking should be equipped with the appropriate managers, command vehicle in order to access and parking, maintaining the order of parking, parking lot security work such as fire and theft.

    24th article within the Realty Management area, plan for parking spaces, garage, should first meet the needs of the owners of the region. Residential zone parking shall comply with the requirements of property management.

    Stop, the place of civil strife in residential area of vehicles is prohibited.

    Residential not set parking or parking parking spaces insufficient Shi, need occupied property management regional within owners total of road or other site Park mobile vehicles of, should prepared residential temporary parking spaces set programme, law by owners Assembly or proprietary part accounted for total area and accounted for total number one-second above of owners agreed Hou, by property service enterprise organization implementation; not established owners Assembly of, by property service enterprise or community neighborhood sought owners views Hou implementation.

    Open community plan shall be submitted to the jurisdiction of the road motor vehicle parking transportation Administration Department.

    25th set temporary residential parking spaces shall comply with the following requirements:

    (A) shall not affect the normal movement of the residents;

    (B) must not affect the safety of road traffic, open;

    (C) shall not occupy green space;

    (D) shall not occupy fire exits;

    (E) in line with national, provincial, motor vehicle parking, and the setting of standards and design specifications;

    (F) prohibit park filled with flammable, explosive, toxic, harmful, dangerous goods vehicles.

    Property management area belonged to the owners of the road or other site operated as a parking spaces, it shall agree to the consent of the relevant owners or the owners ' Assembly and go through the relevant formalities.

    26th to encourage private car park property unit to provide management of parking services.

    Parking operations provides to the community, shall go through the relevant formalities. Settlement of commercial parking in private parking to serve the community, shall give priority to meet the needs of community residents, the Park, and the parking fee to the owner.

    Proceeds of ownership according to law all the owners.

    Fifth chapter road temporary parking management
27th road temporary parking in traffic management by public security organs in the city on the road set by law, for dedication to social temporary parking of motor vehicles, including parking garages and urban passenger transport taxi parking taxi garages.

    Without approval of the public security organs traffic management departments, no unit or individual shall set up internal temporary parking or temporary parking occupies road traffic activities.

    28th road sets the total amount of temporary parking within controlled and meet the following requirements:

    (A) does 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, traffic conditions and road capacity to adapt.

    Parking garage for box labelling the solid yellow line, remaining berths for the white dashed line box with logo and other special identification boxes.

    29th prohibits temporary parking in the following set on the road:

    (A) urban arterial road, the main road;

    (B) the roadway width is less than 7 meters of the road (one-way street);

    (C) interfere with vehicle and non-vehicle access road;

    (D) provides sufficient parking space public car park service within a radius of 300 meters;

    (E) from the bus station, first-aid stations, road and other public facilities within 30 metres of a fire hydrant;

    (Vi) intersections, entrances to the schools, railway crossing, detours, narrow roads, bridges, steep slopes, tunnel, island, viaducts, flyovers, bridges, ramps and the distance between these locations within 50 metres of road;

    (G) temporary parking laws and regulations shall not be set up in other circumstances.

    30th public security organs traffic management departments depending on traffic and road conditions, timely to assess the set temporary parking in the road section.

    Meet one of the following temporary parking in the road, should be adjusted or removed:

    (A) public car park around the road has been able to meet the needs of parking;

    (B) changes in road conditions not suitable for parking;

    (C) construction of parking facilities and road conditions change, affecting the normal movement of the vehicles and pedestrians;

    (D) the urgent traffic needs or emergencies;

    (E) for all levels of Government-approved urban infrastructure or large group activities.

    31st road temporary parking within the implementation time of a progressive parking and a parking-parking in two ways.

    Article 32nd temporary parking of a vehicle into the road, parked in turn should be in a forward direction.

    Non-motor vehicle, motorcycle, contains more than 1000 kilograms of quality approved (not included) trucks, passenger numbers more than 12 approved (not included) passenger cars, and the drivers of other motor vehicles shall not exceed 5.5 metres in internal temporary parking within the Park.

    Temporary parking parking in a limited way, no time parking.

    33rd toll parking practises the franchise operator is responsible for the operation of the franchise made by law, and no other entity or individual may engage in internal temporary parking operations.

    Article 34th premium parking business units shall pay parking facilities within the express parking requirements, standards, and requested by the public security organs traffic management departments, improvement of traffic signs, markings, signs and other facilities.

    35th parking garage business unit shall comply with the following service specifications:

    (A) strengthen the maintenance of berths, ensure that parking facilities in good condition, parking lot clean and tidy;

    (B) issue parking vouchers, and in strict accordance with the standards approved by the Department in charge of price premium;

    (C) staff uniforms and wear a uniform identification;

    (D) the staff must discharge their responsibilities, should be reasonable arrangements for vehicles parked in their work and safe, and register;

    (E) staff members shall be neat, must be serious and responsible in their work, initiative, and civility.

    Article 36th entering parking garages driven into should be subject to public security organs traffic management personnel and staff of the berth management, command, according to pay parking fees.

    37th city taxi parking berths waiting for taxi use only, other vehicles may be used. City taxi taxi in the taxi garage, drivers not to leave the car in case of emergencies, should leave immediately.

    Berths shall not be occupied vehicle maintenance, cleaning.

    38th no unit or individual is allowed to any of the following acts:

    (A) temporary parking facilities within the road damage and theft;

    (B) unauthorized temporary parking facilities in the road on paste or hang advertisement, signboards, banners or other items;

    (C) temporary parking facilities in the road paint, carving;

    (D) dismantles, migration, occupation or changes the way a temporary parking facilities;

    (E) other acts against temporary parking facilities in the road.

    The sixth chapter services and supervision

    39th article of the city parking fee according to different properties, different types, respectively, subject to market-regulated prices, Government guided, or Government, specifically the charges formulated by the Department in charge of price separately.

    40th parking shall strictly implement price control provision, implementation of price, public services, fees, charges, and monitor phone calls, and hoisted prices produced by the Department in charge of price announcement cards.

    41st car park operators to collect parking fees, should use the uniform invoice produced by the tax authorities.

    Car park operators not complying with the provisions issued uniform invoices, parking can refuse to pay parking fees.

    42nd article of the municipal public parking information system networking management.

    Municipal transport Administration Department should organize public parking information system network construction, and is responsible for supervision and management of public parking information system.

    Public car park and roads within the temporary parking operator 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, the municipal transport Administration Department in conjunction with the departments concerned.

    43rd transport, public security organs traffic management, price and other administrative departments should set up a social monitoring complaints private telephone, subject to public supervision.

    44th parking operators shall be in accordance with the provisions of article, transport, public security organs traffic management and other administrative departments to submit relevant statistical information.

    The seventh chapter legal liability

    45th article violates provisions of the second paragraph of this article tenth, rectification by the transport Administration Department; it fails, fined a maximum of more than 5000 10000 Yuan.

    Article 46th disobey 16th article, set up a temporary car park does not comply with the provisions of the public security, transportation and other administrative departments shall be ordered to rectify; fails, be revoked according to law, and fined 5000 Yuan more than 10000 fine.

    47th in violation of provisions of the first paragraph of this article 17th, by the transport Administration Department rectification; fails and fined 5000 Yuan more than 10000 fine.

    48th article violates this article 20th paragraph (a), (b), (d), (e), 22nd and 23rd article, by the transport Administration Department rectification; fails, fined a maximum of 3000 Yuan more than 5000 Yuan.

    49th in violation of paragraph II of this article 27th, unauthorized road parking, restitution shall be ordered by the public security organs traffic management Department, fined 1000 Yuan more than 5000 Yuan fines; has illegally obtained, confiscation of illicit proceeds.

    50th in violation of provisions of this article 34th, 35th, and traffic management by public security organs ordered rectification; has not qualified after rectification, terminated its business activities according to law.

    51st in violation of the provisions of article 37th, rectification by the public security organs traffic management departments, refuses, driving into a fine of 50 Yuan and 200 Yuan fines.

    52nd article violation this approach eighth article, and 11th article, and 13th article, and 14th article, and 19th article, and 21st article subsection (four) items, and 24th article, and 25th article, and 26th article second paragraph, and 32nd article, and 38th article, and 40th article provides of, by planning, and land, and live built, and business, and tax, and prices, and fire, and police, administration sector in accordance with about legal regulations be punishment.

    53rd in the work of State organs 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) fails to perform or improperly in discharging their management responsibilities;

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

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

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

    The eighth chapter by-laws

    54th urban and rural bus stations, road passenger and freight transport parking reference private car park management. 55th article of the measures come into effect July 15, 2012. Kunming municipal people's Government promulgated on March 4, 1998, the implementation of the management pilot scheme of motor vehicle parking (Queensland Government issued [, 1998]22) into force September 1, 2003 and the management measures of Kunming city road parking (municipal, 44th) repealed simultaneously.