Laws of the Shanghai Province

(Promulgated on September 19, 2001 by Decree No. 108 of the Shanghai Municipal People's Government)

Article 1 (Purpose and Basis)

For the purposes of strengthening the administration of non-motor-powered vehicles, safeguarding traffic order, ensuring the safety of road traffic, keeping the roads unimpeded, and protecting the lawful rights and interests of citizens, legal persons and other units, these Procedures are formulated in accordance with the relevant stipulations in the "Regulations of the People's Republic of China on Road Traffic Administration", and the "Regulations of Shanghai Municipality on Road Traffic Administration", with consideration of the actual circumstance of Shanghai Municipality.

Article 2 (Definition)

The non-motor-powered vehicles mentioned in these Procedures are bicycles, bicycles with motor engines (hereinafter referred to as motorbikes), man-powered pedicabs and special vehicles for the disabled.

Article 3 (Application Scope)

These Procedures apply to the administration of the non-motor-powered vehicles in the administrative areas of Shanghai Municipality.

The number plate registration, testing, altering of ownership, transfer, and scrapping of fuel-burning motorbike and its administration shall be carried out according to the "Interim Provisions of Shanghai Municipality on Motorbike Administration".

The traffic of non-motor-powered vehicles shall be carried out according to relevant regulations governing the administration of road traffic.

Article 4 (Competent and Coordinating Departments)

The Shanghai Municipal Public Security Bureau (hereinafter referred to as MPSB) is the administrative authority in charge of the administration of non-motor-powered vehicles in the Municipality. District/county public security departments shall, according to their respective duties, bear the responsibility of the administration of non-motor-powered vehicles in their respective administrative areas.

The public security and traffic control departments set up by the public security departments at district/county level or above of this Municipality shall carry out the specific work concerning the administration of non-motor-powered vehicles.

The administrative departments of industry and commerce, communications, commerce, construction and housing and land resources shall, according to their respective duties, coordinate in the administration of non-motor-powered vehicles.

Article 5 (Registration)

Non-motor-powered vehicles shall go on roads only after being tested, approved, and registered by the public security and traffic control departments with a valid license and number plate issued by the public security and traffic control departments.

Non-motor-powered vehicles without number plate and license or with expired plate and license are not allowed to go on roads.

Article 6 (Adjustment and Control of Total Amount)

This Municipality shall, in accordance with the principle of promoting smooth flow of traffic with public transportation first, set a quota of number plate and license for non-motor-powered vehicles, with the exception of bicycles, to adjust and control the total amount.

This Municipality shall suspend the issue of number plate for man-powered tricycles with the exception of special needs of production, business activities and service for the convenience of the people.

The specific scope of issuing number plate for man-powered pedicabs shall be separately regulated by the Municipal Public Security Bureau jointly with other relevant departments.

This Municipality may adopt traffic control measures, such as limiting moving areas and separating moving time periods, for the moving of non-motor-powered vehicles.

Article 7 (Registration and Application Materials)

Owners who apply for a number plate and license for non-motor-powered vehicles shall present to district/county public security and traffic control departments their legal and valid personal ID and purchase receipt or other legal certificate to prove the source of the vehicles. Among them:

1. Those who apply for a number plate and license for man-powered tricycle shall submit the certificate issued by their units and business license;

2. Those who apply for a number plate and license for special vehicles for the disabled shall provide the relevant certificate issued by the Municipal Union of the Handicapped; and

3. Those who apply for a number plate and license for motorbike shall submit quality certificate issued by the manufacturer, certificate of third party liability insurance issued by an insurance company in this Municipality, and receipt for the payment of tax for use of vehicles.

The owner who applies for a number plate and license for motorbike must be 16 or above in age.

Article 8 (Issue of Number Plate and License)

The public security and traffic control departments shall issue number plates and license to the non-motor-powered vehicles that satisfy the requirements.

The number plate for non-motor-powered vehicles shall be fixed at the specified position and be kept clean and clear. The plate and license for non-motor-powered vehicles shall not be allowed to be lent, altered or forged.

Article 9 (Testing of Non-motor-Powered Vehicles)

Motorbikes and motor-powered vehicles for the disabled shall receive periodical test by the public security and traffic control departments, and shall not be allowed to go on roads without the testing.

Article 10 (Transfer and Alter of Register)

In case of transferring bicycles, motorbikes, or special vehicles for the disabled, the transferee shall apply to the district/county public security and traffic control departments for altering the register.

Article 11 (Acts Forbidden)

The following acts are forbidden:

1. Install motor power devices to non-motor-powered vehicles;

2. Assemble non-motor-powered vehicles; and

3. Change motor engines of motor-powered vehicles for the disabled and motorbikes without approval.

Article 12 (Disposal of Ownerless Non-Motor-Powered Vehicles)

The non-motor-powered vehicles temporarily detained by the public security and traffic control departments because of traffic accident or violation of traffic rules shall be released in time to the owner with a notice issued by the public security and traffic control departments after the closing of the case. The detained non-motor-powered, without being claimed by the owner within 60 days upon the delivery of notice, shall be disposed of as ownerless property.

Public security and traffic control departments shall look for the owners of the non-motor-powered vehicles that have been picked up and handed over to the police by the masses, or those lost or stolen non-motor-powered vehicles that have been tracked down and seized by the police and those without claiming for a long time. Within 15 days upon finding out the owner, the public security departments shall issue a notice to the owner for him or her to claim. In case that the owner does not claim within 60 days upon the delivery of the notice, the vehicle shall be disposed of as ownerless. The vehicles, whose owners can not be found within 15 days by the public security departments, shall be listed in a public notice; if still without claim after 60 days of the publication of the notice, the vehicles shall be disposed of as ownerless with the approval of the Municipal Public Security Bureau.

The public security departments shall register and keep a file for the affirmed ownerless vehicles.

Article 13 (Information Administration of the Non-Motor-Powered Vehicles)

The public security departments shall strengthen the administration of documents, dossiers and data collections about non-motor-powered vehicles, and establish computerized information network. The information about non-motor-powered vehicles includes the following:

1. The basic information about the owners and vehicles;

2. The information about the transfer and alteration of register of non-motor-powered vehicles;

3. The information about the lost and theft of non-motor-powered vehicles;

4. The information about the treatment of the ownerless non-motor-powered vehicles; and

5. Other information that the public security departments believe needing to be collected.

Article 14 (Establishing Parking Lots)

The owner units of places with comparative large number of transmit persons, such as traffic distributing centers like railway stations and passenger ports, subway and light railway stations with big flow of pedestrians, hospitals, colleges and schools, large shopping centers, pedestrian streets, cinemas and theatres, shall set up parking lots for non-motor-powered vehicles, and employ staff to manage the parking lots, or entrust specialized service units to manage the parking lots for non-motor-powered vehicles. The establishment of non-motor-powered vehicles parking lots shall go through the examination and approval procedures according to relevant regulations.

Residential areas shall set up non-motor-powered vehicles parking lots managed by real estate management units. For those residential areas that are not yet managed by real estate management units, the parking management shall be organized and carried out by neighborhood committees.

The establishment of non-motor-powered vehicles parking lots by occupying roads without permission is forbidden.

Article 15 (Management of the Parking lots)

The owner units of non-motor-powered vehicle parking lots shall perform the following duties:

1. Establish and put into effect various administration systems;

2. Offer training and education to administrative personnel on relevant laws, regulations, and management business knowledge;

3. Give timely report to public security departments on plateless or non-motor-powered vehicles that are ownerless or have been parking for a long period without anyone claiming the ownership; and

4. Implement rectification measures after finding out hidden danger of safety.

The owner units of non-motor-powered vehicle parking lots who charge service fees for the parking shall be responsible, in accordance with law, for the compensation for the lost and damage of non-motor-powered vehicles due to their improper management.

Article 16 (Owners' Obligation)

The owner of non-motor-powered vehicle who uses parking lots shall have the following obligations:

1. Abide by various management regulations on parking;

2. Accept the management from the managing personnel, and park the non-motor-powered vehicle at the specified place; and

3. Do not park non-motor-powered vehicles at the place definitely forbidden parking by the State and the Municipality.

Article 17 (Administration of the Trading of Non-Motor-Powered Vehicles)

The purchase, consign sale, pawn broke and auction sale of non-motor-powered vehicles shall be approved by relevant administrative departments, and be conducted according to relevant State and municipal regulations.

Without relevant administrative departments' approval, no units or individual persons shall be allowed to do the purchase, consign sale, pawn broke and auction sale of non-motor-powered vehicles.

Article 18 (Administration of the Repair of Non-motor-powered Vehicles)

The commercial repair of non-motor-powered vehicles shall be approved and registered by the industry and commerce administrative department.

Occupation of roads for repairing shops or booths of non-motor-powered vehicles without permission is forbidden.

Article 19 (Administration of City Appearance and Environmental Sanitation)

The owner units of non-motor-powered vehicle parking lots shall solicit the city appearance and environmental sanitation authorities for their opinions.

The parking lots and repairing shops or booths of non-motor-powered vehicles shall be responsible for the city appearance and environmental sanitation and cleaning, and shall not affect the surrounding city appearance and environmental sanitation.

Article 20 (Comprehensive Administration)

District/county and township/town people's governments and subdistrict offices shall organize relevant administrative departments to perform the comprehensive administration of the parking lots, repairing, and trading of non-motor-powered vehicles within their respective administrative areas, and organize relevant administrative departments to ban the unauthorized parking lots, repairing shops or booths without license and illegal trading markets of non-motor-powered vehicles according to law.

Article 21 (Legal Liability)

Anyone whose acts violate the provisions of these Procedures shall be ordered to correct by the public security departments; the concerned non-motor-powered vehicles may be temporarily detained, and the rider may be punished according to the following provisions:

1. To the non-motor-powered vehicle without number plate and license, or with expired ones going on roads in Shanghai Municipality, in addition to the punishment according to Item 3 of Article 65 of the "Regulations of Shanghai Municipality on Road Traffic Administration", the rider who can provide legal evidence to prove the source of the bicycle, man-powered tricycle or special vehicle for the disabled shall be given a warning or a fine of not more than 5 yuan;

2. To the non-motor-powered vehicle that does not fix number plate according to regulation, or borrowing and lending, altering or forging number plate or license, the rider shall be given a warning or a fine of not more than 5 yuan;

3. To the motor-powered special vehicle for the disabled and the motorbike that do not go through the regular periodical test according to regulations but going on roads, the rider of the motor-powered vehicle for the disabled shall be given a warning or a fine of not more 5 yuan; the rider of motorbike shall be given a warning or penalized with a fine of not more than 100 yuan;

4. To the non-motor-powered vehicle with unauthorized installation of motor engine, the illegally assembled non-motor-powered vehicle and the motor-powered vehicle for the disabled and motorbike with unauthorized change of motor engine, the rider shall be penalized with a fine of between not less than 50 yuan and not more than 200 yuan, cumulatively with the confiscation of the property;

5. To the non-motor-powered vehicle parking at the places definitely forbidden for parking by the State and the Municipality, the rider shall be given a warning or a fine of not more than 5 yuan;

6. To the parking lots and the repairing shops or booths of non-motor-powered vehicles that occupy roads without authorization, the violator shall be given a warning or a fine of not more than 50 yuan; and

7. The unauthorized business of purchase, consign sale, pawn broke and auction sale of non-motor-powered vehicles without obtaining the "License for Special Trade in Shanghai Municipality" shall be banned, and the violator shall be penalized with a fine of between not less than 1,000 yuan and not more than 10,000 yuan. In a serious case, the violator shall be penalized with a fine of between not less than 10,000 yuan and not more than 100,000 yuan.

Article 22 (Other Provisions on Punishment)

Anyone who does not perform the sanitation and cleaning work concerning the surrounding city appearance and environmental sanitation of the parking lots and repairing shops or booths of non-motor-powered vehicles and thus affect the city appearance and environmental sanitation, shall be punished according to relevant regulations on the administration of city appearance and environmental sanitation.

Anyone who engages in unauthorized business of purchase, consign sale, pawn broke and auction sale of non-motor-powered vehicles without business license shall be punished by the industry and commerce departments according to law.

Anyone who violates the stipulations in these Procedures, and shall be given police punishment, shall be punished by the public security department according to the "Regulations of the People's Republic of China on Public Security Administration and Imposition of Punishment". If the wrongful acts constitute a crime, the wrongdoer shall be prosecuted for his criminal liability according to law.

Article 23 (Date of implementation)

These Procedures shall become effective on October 1, 2001.