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Measures of Beijing Municipality for Administration of Public Motor Vehicle Parks

(Promulgated by Decree No. 75 of the Beijing Municipal People’s Government on May 12,2001)

Article 1 These Measures are formulated for the purpose of promoting construction and development of public motor vehicle parks in this Municipality, strengthening administration of public motor vehicle parks and regulating services activities of public motor vehicle parks.

Article 2 These Measures shall apply to planning, construction and administration of all public motor vehicle parks (including such parking facilities as public motor vehicle parking garages and public motor vehicle parking structures, hereinafter referred to as public motor vehicle parks) within the administrative area of this Municipality.

Planning and construction of large or medium-sized public parking structures for motor vehicles shall be governed by the pertinent provisions of this Municipality.

Article 3 The Municipal Administrative Council takes charge of administration of public motor vehicle parks within this Municipality, is responsible for organizing formulation of policies on construction, operation and administration of parking facilities, examining credentials of motor vehicle park operators, drawing up industrial management norms governing motor vehicle parks, and supervise the implementation of the specialized planning of public motor vehicle parks together with the administrative department for municipal planning.

The administrative competent departments designated by the people’s governments of the districts or counties shall, under the guidance of the Municipal Administrative Council, be responsible for the administration of public motor vehicle parks in the areas under their respective jurisdictions on the basis of stipulated functions and responsibilities.

Departments such as the department of municipal planning, the department of development planning, the department of construction, the department of prices and public security traffic control department shall, in keeping with their respective functions and responsibilities, exercise supervision over, and administration of construction of public motor vehicle parks and their service activities according to law.

Article 4 This Municipality shall work out the specialized planning for public motor vehicle parks in light of the requirements of the overall municipal planning and the construction and development of this Municipality so as to gradually alleviate the contradiction between the supply and demand with respect to public motor vehicle parks. The specialized planning for public motor vehicle parks shall be drawn up by the competent department for municipal planning together with the departments for municipal administration, public security traffic control, etc. and it shall be implemented upon approval of the Municipal People’s Government.

Article 5 Construction of public motor vehicle parks shall be undertaken in combination with development of new areas, renovation and reconstruction of the inner city and commercial districts, road construction, etc. The Municipal Administration Council shall, based on the specialized planning for public motor vehicle parks, formulate annual plans for construction of public motor vehicle parks together with the department of municipal planning, the department of public security traffic control, etc. and it shall organize the implementation thereof.

Article 6 This Municipality encourages enterprises, institutions and individuals to invest in various forms in construction of public motor vehicle parks. The preferential policies that investors in construction of public motor vehicle parks may enjoy shall be separately formulated by the People’s Municipal Government.

Article 7 This Municipality shall adopt the mode of bid invitation and bidding in selecting investors and contractors for construction of public motor vehicle park. The bid invitation and bidding for construction of public motor vehicle parks shall be organized by the Municipal Administrative Council or by the relevant competent administrative departments of the districts or counties.

Article 8 Designs for construction projects of public motor vehicle parks shall conform to the designing standards and norms prescribed by the State and this Municipality.

The competent department for public motor vehicle parks and the public security traffic control department shall take part in acceptance process of completed construction projects of public motor vehicle parks. Only those public motor vehicle parks that have been confirmed as up to the standard through acceptance shall be commissioned to use. The acceptance of the construction projects of public motor vehicle parks in which the government has invested shall, upon completion, be organized by the Municipal Administrative Council or by the competent administrative departments of the districts or counties.

Article 9 Public motor vehicle parks shall be built simultaneously to match newly built or renovated residential areas. Where no public motor vehicle parks were built in the existing residential areas or there is a lack of motor vehicle parking places, public motor vehicle parks shall be renovated or reconstructed in accordance with the planning and construction procedures.

Resident’s Committees shall have the right to supervise construction and management of matching public motor vehicle parks in their respective residential areas.

Article 10 Public motor vehicle parks may be operated and managed by investors of the construction thereof or may be operated and managed by specialized motor vehicle parks management enterprise under entrust. The public motor vehicle parks in residential areas shall be managed either by the property management agencies in the respective residential areas or by specialized motor vehicle parks management enterprises as entrusted by the property management agencies.

Temporary parking places that take up part of roads or motor vehicle parks under flyovers shall be operated and managed by specialized motor vehicle park management enterprises which are selected and entrusted through bid invitation and bidding by the Municipal Administrative Council and the relevant competent administrative departments of the districts and counties on the basis of the division of their functions and powers.

Article 11 No unit or individual shall divert to other use the public motor vehicle parks that have already built or terminate the use thereof without authorization.

No additional temporary parking places that take up part of the roads shall be designated within a certain area around a newly built public motor vehicle park which has been commissioned to use; the existing parking places that take up part of the roads shall be promptly withdrawn.

Article 12 A public motor vehicle park shall satisfy the flowing conditions:

(1).Equipped with complete fire extinguishing facilities;

(2).Equipped with comprehensive and sound security monitoring and control facilities; and

(3).Having the danger warning signs, parking signs, marker lines and parking facilities that are up to the prescribed standards.

Article 13 Operators of public motor vehicle parks shall abide by the following provisions.

(1). Abide by the relevant laws, administrative regulations and rules of the State or this Municipality;

(2) Establish and improve operational and management system and service norms, and submit same, for the record, to the competent department for public motor vehicle parks in accordance with the pertinent provisions, subject themselves to its guidance, supervisions and inspection;

(3) Their workers and fee collector shall wear easily identifiable symbols;

(4) Collect fees on the basis of the fee collecting scope and rates as approved by the municipal department of commodity prices, clearly indicate the rates of fees and use the bills and vouchers uniformly produced under the supervision of the taxation departments;

(5) Maintain the proper order of in public motor vehicle parks, and ensure the normal operation of the parking facilities there; and

(6) Ensure the safety of motor vehicles parked there, eliminate latent accidents, and prevent losses or damages from occurring to parked vehicles.

Article 14 Motor vehicle drivers that park their vehicles in public motor vehicle parks shall abide by the following provisions:

(1) Conscientiously observe the management rules of public motor vehicle parks, and take care of the parking equipment and facilities;

(2) Be mindful of the parking signs and marker lines;

(3) Pay parking fees according to the relevant provisions; and

(4) Follow the direction and arrangement of the workers of public motor vehicle parks, and park their vehicle in a proper order.

Article 15 This Municipality encourages enterprises, institutions that have internal motor vehicle parks open to the public. The pertinent provisions of these Measures shall apply to management of internal motor vehicle parks that are open to public.

Article 16 Anyone who, in violation of the provision of Article 11 of these Measures, diverts to other uses built public motor vehicle parks or terminate the use thereof without authorization shall be ordered to make amends within the time limits and have a fine of not less than 10000 yuan and not more than 30000 yuan imposed simultaneously.

Article 17 Anyone who is in violation of the provisions of Items (2), (3) and (5) of Article 13 of these Measures shall be ordered to make amends within the time limits and have a fine of not less than 2000 yuan and not more than 10000 yuan imposed simultaneously.

Article 18 Violations of these Measures that constitute violations of the provisions of the pertinent laws, administrative regulations and rules such as relating to municipal planning, construction, prices, municipal administration and public security traffic control shall be dealt with by the department of municipal planning, construction, prices, municipal administration, public security traffic control department, etc. according to law.

Article 19 The operation and management of temporary parking places that take up part of the roads shall be governed by the relevant provision of these Measures. The operators and managers of temporary parking places that take up part of the roads shall pay road occupation charges according to pertinent provisions.

Article 20 These Measures shall enter into force as of July 1,2001. Item (3) of Paragraph 1 of Article 11 of the Measures of the Beijing Municipality for Administration of Temporary Road Occupation promulgated by Decree No.19 of the Municipal People’s Government on December 21,1997 shall be repealed simultaneously.