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Interim Provisions of Shanghai Municipality on Motorbike Administration

Interim Provisions of Shanghai Municipality on Motorbike Administration
 
(Approved by the Shanghai Municipal People's Government on September 30, 1993, promulgated by the Shanghai Municipal Public Security Bureau on October 9, 1993, and amended in accordance with the Decision on Amending " Interim Provisions of Shanghai Municipality on Motorbike Administration" by the Shanghai Municipal People's Government on April 5, 1997)
    
     Article 1
     The present Provisions are formulated in accordance with the relevant laws and regulations, and with the actual situation in Shanghai taken into consideration, for the purpose of strengthening motorbike administration, ensuring the safe and smooth passage of traffic, and protecting the legitimate rights and interests of the citizens.
     Article 2
     Motorbikes on the roads in Shanghai shall abide by the present Provisions.
     Article 3
     A " motorbike" in the present Provisions refers to a bicycle that uses a small gasoline motor but can also be footª²pedaled.
     Article 4
     A motorbike shall meet the following main technical requirements:
     (1)The functional volume of the gasoline motor shall not exceed 36 cubic centimeter;
     (2)The maximum design speed shall not exceed 24 kilometers per hour;
     (3)The main safety devices, such as the brake, the handlebar, the bell or horn, the head light and back reflector, shall be adequate equipped and in good condition; and
     (4)The wheels shall be 510-660 millimeter in diameter.
     Provisions of the State with respect to the standards of motorbikes,
     if there are any, shall be complied with.
     Article 5
     Motorbikes that are to be on the roads of this Municipality shall undergo an examination by the traffic control department under the district or county public security bureau. Motorbike owners shall apply for a motorbike license (including the numberplate and the rider's license). Without a valid motorbike license, no motorbikes shall be allowed to go on the roads in Shanghai.
     Article 6
     Owners of motorbikes listed in the " Catalogue of Motorbikes Permitted to Apply for a Motorbike License" in Shanghai (hereinafter referred to as the 'Catalog') may apply for a motorbike license.
     Manufacturers who want to have their motorbikes listed in the Catalogue should submit to the traffic control department under the Municipal Public Security Bureau the registered trademarks of their products, product quality inspection reports and technical appraisal reports issued by bicycle qualityª²inspection authorities at or above provincial level. The motorbikes that pass the inspection will be listed in the Catalogue, which will be made known to the public at regular intervals by the traffic control department under the Municipal Public Security Bureau. Motorbikes that fail to pass for a second time the quality test administered on a selective basis by the municipal technical supervision department shall be removed form the Catalogue by the traffic control department under the Municipal Public Security Bureau.
     Article 7
     Before concluding a motorbike transaction, the dealer selling motorbikes not listed in the Catalogue shall inform the buyer in an effective way that the product is not permitted to apply for a motorbike license in Shanghai.
     Article 8
     Motorbike owners applying for a Shanghai motorbike license shall purchase thirdª²party liability insurance from a Shanghai insurance company legally engaged in insurance business and approved by the competent authority in charge of insurance, and shall pay tax as required for use of vehicles.
     Article 9
     Motorbike owners applying for a Shanghai motorbike license shall be at least 16 in age and a permanent resident of Shanghai Municipality.
     Article 10
     Motorbike owners applying for a motorbike license under Article 12 (1) of the present Provisions shall submit the application to the traffic control department under the public security bureau of the district or county where his/her permanent residentª²status is registered.
     When applying for a motorbike license, motorbike owners shall provide the following:
     (1) the Shanghai resident identification card;
     (2) Purchase receipt or other certificates to prove lawful ownership of the motorbike;
     (3) The motorbike's quality certificate issued by the manufacturer;
     (4) Certificate of third party liability insurance issued by an insurance company in Shanghai; and
     (5) Receipt for the payment of tax for use of vehicles.
     Article 11
     Motorbike license plates shall have two types:
     (1) Downª²town plate;
     (2) Suburban plate.
     The plate shall be placed in the fixed position in front of the handlebar.
     Article 12
     Permanent residents in all the counties, as well as in Pudong New Area (areas beyond the Inner Ring Road), Baoshan District, Jiading District and Minhang District may apply for a suburban plate.
     No more new downª²town plates shall be granted.
     When motorbikes bearing a downª²town plate are discarded as useless, their plates will be canceled.
     Article 13
     Motorbikes bearing a downª²town plate are allowed to go on all the roads in Shanghai Municipality. Motorbikes bearing a suburban plate are allowed to go only on the roads outside the Inner Ring Road. The traffic control department of the Municipal Public Security Bureau may narrow down the area in which passage of motorbikes is permitted according to the traffic condition on the road.
     Motorbikes bearing a non Shanghai plate are not allowed to go on the roads in Shanghai Municipality.
     Article 14
     Motorbike riders shall be at least 16 in age with no physical defect that might hinder safe riding. They shall be allowed to ride on the road only after taking a training course on traffic rules and riding skills, passing a riding test administered by the traffic control department under the public security bureau and obtaining a rider's license. Those holding a motorcycle rider's license or a scooter rider's license shall be allowed to ride motorbikes.
     Article 15
     Motorbikes shall be examined within a set period of time by the traffic control department under the public security bureau. Motorbikes that fail to have or pass such examination shall not be allowed to go on the road.
     Article 16
     Motorbike riders shall take an examination within a set period of time by the traffic control department under the public security bureau. Motorbike riders who fail to take or pass such examination shall not be allowed to ride a motorbike.
     Article 17
     Motorbike owners applying for the motorbike license and the rider's license shall pay for both licenses and other fees as required. The items and amounts of these charges shall be proposed by the Municipal Public Security Bureau and then jointly examined and approved by the Municipal price control department and the finance department.
     Article 18
     This Municipality shall have a quota to limit the total number of motorbike suburban plates to be granted. The quota shall be jointly decided by the Municipal Public Security Bureau and the Municipal Environmental Protection Bureau.
     The traffic control department under the municipal Public Security Bureau shall take measures to gradually phase out plate bearing motorbikes on the basis of their years of use and the condition of their safety and technology. The procedures to phase out the motorbikes shall be jointly formulated by the Municipal Public Security Bureau and other departments concerned and then approved by the Shanghai Municipal People's Government.
     Article 19
     Motorbike riders shall abide by the following rules:
     (1) They shall have both the motorbike license and the rider's license with them when riding the motorbike;
     (2) They shall not ride on the lane for motorª²driven vehicles only;
     (3) They shall not ride motorbikes whose safety devices are inadequate or faulty;
     (4) They shall not be allowed to enter into roads that are for motorª²driven vehicles only;
     (5) They shall not carry other persons or tug other vehicles when riding;
     (6) They shall not carry on their motorbikes objects which are more than 30 kilograms in weight, 1. 5 meters in height (measuring from ground level), or longer than the motorbike in length or wider than the handle bar in width;
     (7) They shall not lend to others, nor alter or forge the motorbike license or the rider's license; and
     (8) They shall not ride when drunk.
     Article 20
     Motorbikes bearing a downª²town plate shall not be transferred to those whose permanentª²resident status is registered in the downª²town districts other than the New Pudong Area (beyond the Inner Ring Road), Baoshan District, Jiading District and Minhang District. If the transferee is qualified to apply for a suburban plate, the plate shall be changed into a suburban plate after transfer of title.
     Motorbikes bearing a suburban plate may be transferred to transferees qualified to apply for a suburban plate, but shall not be transferred to those whose permanentª²resident status is registered in the downª²town area.
     Motorbike transfer shall be done through stores for the trading of used articles, the used vehicle market, or an auctioneer. For the transfer of the motorbike, the transferee shall apply for transfer of title to the traffic control department under the public security bureau with his Shanghai Municipality identification card, certificate of transaction, and certificate proving that the transferor has surrendered his motorbike license.
     Article 21
     For violation of Article 5 or 14 of the present Provisions, a fine of no more than 200 yuan shall be imposed.
     Article 22
     For violation of Article 13 of the present Provisions, a fine of no more than 50 yuan shall be imposed.
     Article 23
     For violation of Article 15 or 16, a fine of no more than 100 yuan shall be imposed.
     Article 24
     For violation of Article 19(1) or (2), a fine of no more than 20 yuan shall be imposed, for violation of any of Article 19(3)ª²(6), a fine of no more than yuan 50 shall be imposed, and for violation of Article 19(7) or (8), a fine of no more than 200 yuan shall be imposed.
     Article 25
     Anyone who installs without permission a gasoline motor or other powerª²driven device onto his/her bicycle in violation of the present Provisions shall be subject to a fine of no more than 200 yuan, and the gasoline motor or any other powerª²driven device shall be confiscated.
     Article 26
     Any party who refuses to accept the administrative punishment imposed by the traffic control department under the public security bureau may, within 5 days after receiving the notice of punishment, appeal for reconsideration to the next higher public security department, which shall make a decision upon reconsideration within 5 days after receiving the application. If the party refuses to accept the decision made upon reconsideration, he/she may bring an action in the people's court within 5 days after receiving the notice of the decision made after reconsideration.
     Article 27
     Relevant matters not covered in the present Provisions shall be dealt with in accordance with other applicable rules and regulations on traffic administration.
     Article 28
     The Shanghai Municipal Public Security Bureau shall be responsible for the implementation and interpretation of the present Provisions.
     Article 29
     The present Provisions shall become effective on November 1, 1993.
    


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