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(Promulgated on August 21, 1996 by Shanghai Municipal People' s
Government. Amended for the first time in accordance with the "Decision
of the
Shanghai Municipal People' s Government Regarding the Amendment of the 'Procedures
of Shanghai Municipality on the Administration
of Traffic Safety of Out-of-town
Motor Vehicles in Shanghai' " on October 23, 2001. Amended for the second time and
re-promulgated
in accordance with the "Decision of the Shanghai Municipal
People' s Government Regarding the Amendment of the 'Procedures of Shanghai
Municipality on the Administration of Traffic Safety of Out-of-town Motor
Vehicles in Shanghai' " on July 24, 2002)
Article 1 (Purposes and Basis)
In order to strengthen the administration
of out-of-town motor vehicles in Shanghai (hereinafter referred to as
out-of-town motor
vehicles) and maintain the order of road traffic in this
Municipality, these Procedures have been formulated in the light of the
actual
conditions of this Municipality.
Article 2 (Application Scope)
These
Procedures shall apply to traffic safety-related acts and administration of
out-of-town motor vehicles within the administrative
areas of this Municipality
and out-of-town drivers in Shanghai (hereinafter referred to as out-of-town
drivers).
Article 3 (Definition)
The meanings of the following terms as
used in these Procedures shall be:
£¨1£İOut-of-town motor vehicles refer to
motor vehicles bearing official vehicle number plates of other provinces and
municipalities
and running on roads within the administrative areas of this
Municipality.
£¨2£İOut-of-town drivers refer to those personnel within the
administrative areas of this Municipality who are not permanent residents
of
this Municipality and drive motor vehicles, holding motor vehicle driving
licenses of other provinces and municipalities.
Article 4 (Competent
Department and Coordinating Administrative Departments)
The Shanghai
Municipal Public Security Bureau (hereinafter referred to as Municipal Public
Security Bureau) shall be the competent
department for the traffic safety of
out-of-town motor vehicles in this Municipality; public security and traffic
administrative
departments at all levels shall be in charge of the actual
traffic safety administration of out-of-town motor vehicles.
Industrial and
commercial, labor, communications and transportation, public utilities and other
administrative departments shall
jointly ensure the success of the
administration of out-of-town motor vehicles in accordance with their respective
duties.
Article 5 (Types of Vehicles Prohibited to Run on the Roads)
The
following out-of-town motor vehicles are prohibited to run on the roads within
the administrative areas of this Municipality:
£¨1£İTractors;
£¨2£İAutomobiles with full trailers;
£¨3£İMotor tricycles;
£¨4£İAgricultural transportation vehicles.
Among the out-of-town motor
vehicles, the motorcycles, scooters and motorcycles with sidecar are prohibited
to run on the roads
in the stipulated range of this Municipality. The specific
range of the roads on which the same are prohibited to run shall be decided
by
the Shanghai Municipal Public Security Bureau and promulgated for implementation
after approved by the Municipal Government.
Article 6 (Requirements on
Vehicle Conditions)
Out-of-town motor vehicles shall be kept in good
conditions and clean in appearance. Their number plates shall be clearly legible
and their safety performances shall meet the technical standards of the
State.
Those that fail to meet the requirements of the above clause shall be
repaired and washed, and are allowed on the roads only after
passing the tests
conducted by motor vehicle testing stations of this Municipality.
Article 7
(Third Party Liability Insurance)
Out-of-town motor vehicles shall have motor
vehicle third party liability insurance certificates. Those that have not taken
out
motor vehicle third party liability insurance, or do not have motor vehicle
third party liability insurance certificates shall take
out motor vehicle third
party liability insurance in this Municipality in accordance with relevant
regulations.
Article 8 (Areas of Restricted Passage)
This Municipality
shall restrict the passage of out-of-town motor lorries by delimiting areas of
restricted passage.
Areas of restricted passage shall be defined and
announced by the municipal public security and traffic administrative
departments.
Article 9 (Scope of Vehicle Registration)
The following units
using out-of-town motor vehicles shall go through registration formalities for
such vehicles:
£¨1£İResident offices of other provinces and municipalities in
Shanghai;
£¨2£İUnits of other provinces and municipalities registered with the
industrial and commercial administrative departments of this
Municipality;
£¨3£İConstruction units of other provinces and municipalities contracting for
construction projects in this Municipality;
£¨4£İUnits of this Municipality
using out-of-town motor vehicles.
Article 10 (Vehicle Registration
Formalities)
Units that need to have their out-of-town motor vehicles
registered shall go through registration formalities with district/county
public
security and traffic administrative departments of their locality in this
Municipality and provide the following documents:
£¨1£İVehicle driving
permits;
£¨2£İMotor vehicle third party liability insurance certificates;
£¨3£İCertificates of parking space;
£¨4£İCertificates of passing the tests
by motor vehicle testing stations of this Municipality;
£¨5£İCertificates
issued by the units using the vehicles.
When going through registration
formalities, out-of-town motor vehicles that have received temporary road
transportation certificates
with the approval of communication and
transportation administrative departments of this Municipality may provide
documents listed
in Items (1) and (2) of the preceding clause only.
Article
11 (Vehicle Registration)
Upon receiving the registration documents of
out-of-town motor vehicles, the district and county public security and traffic
administration
departments shall register those that meet the conditions and
issue to them pass marks for out-of-town vehicles.
Article 12 (Use of Pass
Marks)
A pass mark is to be used exclusively by the specific vehicle to which
it is issued, and shall be put up in the designated position
as
required.
Out-of-town vehicles with pass marks shall observe road traffic
administrative regulations of this Municipality, and at the same
time are
entitled to the same right of way as local vehicles.
Article 13 (Alterations
in Vehicle Registration)
In case of any alterations in the names and
addresses of their units or other registered items, registered out-of-town motor
vehicles
shall go through formalities for alterations in registration with the
public security and traffic administrative departments of
their original
registration.
Article 14 (Registration Formalities for Drivers)
Units
using out-of-town drivers shall go through registration formalities for
out-of-town drivers with the public security and traffic
administrative
departments of the districts or counties of their locality in this Municipality
and provide the following documents:
£¨1£İCertificates of the user units;
£¨2£İDriving licenses of motor vehicles;
£¨3£İTemporary residence permits or
resident IDs.
Those who are required by the labor administrative departments
of this Municipality to have work permits shall provide Work Permits
of Shanghai
Municipality for Out-of-towns as well.
Article 15 (Issuance of Certificates
of Registration to Drivers)
Upon receiving the registration documents of
out-of-town drivers, district/county public security and traffic administrative
departments
shall register those that meet the conditions and issue to them
certificates of registration for out-of-town drivers (hereinafter
referred to as
certificates of registration).
Article 16 (Use of the certificates of
registration)
Each driver shall have one certificate of registration for his
exclusive use. When driving motor vehicles with pass marks, out-of-town
drivers
shall carry their certificates of registration, and submit to the inspection of
public security and traffic administrative
departments.
Article 17 (Valid
Period of Certificates of Registration)
The valid period of a certificate of
registration shall be 6 months, and cancellation formalities shall be gone
through upon its
expiry. If extension is necessary, extension formalities shall
be gone through with the public security and traffic administrative
department
of the original registration within 7 days before the expiry of its valid
period.
Article 18 (Changes in the Certificates of Registration)
In case
of any changes in their work units, residential addresses or other registered
items, out-of-town drivers with certificates
of registration shall go through
formalities for changes in registration with the public security and traffic
administrative departments
that originally issue them the
certificates.
Article 19 (Provisions for Temporary Passage)
Unregistered
out-of-town motor lorries shall run on roads outside the areas of restricted
passage. Out-of-town motor lorries that
have proven needs to enter the areas of
restricted passage shall go through temporary passage formalities with public
security
and traffic administrative departments, and observe regulations of this
Municipality on road passage administration.
Article 20
(Obligations)
Out-of-town motor vehicles and out-of-town drivers that have
gone through registration formalities shall be brought into the scope
of safety
administration and safety education programs of public security and traffic
administrative departments of this Municipality.
Article 21
(Prohibition)
Pass marks and certificates of registration shall not be
forged, borrowed, tampered with or misused.
Article 22 (Provision on
Application for Vehicle Plates and Licenses)
Vehicles purchased by units of
this Municipality or residents with permanent domicile in this Municipality
shall not apply without
permission for official vehicle number plates and
operation permits of other provinces and municipalities.
Article 23
(Measures of Temporary Seizure)
In case of violations of these Procedures by
out-of-town motor vehicles or out-of-town drivers, public security and traffic
administrative
departments may temporarily seize their vehicles, driving
licenses or vehicle license plates, depending on the seriousness of such
cases.
Article 24 (Disposal of Temporarily Seized Articles)
If the owners
of the vehicles, driving licenses or vehicle license plates that are temporarily
seized fail to present themselves
for an administrative act within a specified
time limit, the public security and traffic administrative departments shall
serve
on them a reminder and, in case of their failure to present themselves for
an administrative act within 90 days from the date of
service of the reminder,
the temporarily seized vehicles shall be disposed of as ownerless
property.
Article 25 (Punishment)
Violators of relevant provisions of
these Procedures shall be subjected to penalties by the public security and
traffic administrative
departments in accordance with the following provisions:
£¨1£İAnyone who violates the provisions of Articles 5 and 19 of these
Procedures shall be penalized with a fine of between not less
than 150 yuan and
not more than 200 yuan;
£¨2£İAny unit that violates the provisions of Articles
9 and 14 of these Procedures shall be penalized with a fine of between not
less
than 500 yuan and not more than 1000 yuan;
£¨3£İAnyone who violates the
provisions of Clause 1, Article 12 and Article 16 of these Procedures shall be
penalized with a fine
of between not less than 20 yuan and not more than 50
yuan;
£¨4£İAny unit that violates the provisions of Articles 13, 17 and 18 of
these Procedures shall be penalized with a fine of between
not less than 500
yuan and not more than 1000 yuan;
£¨5£İIn case of any violation of the
provisions of Articles 21 and 22 of these Procedures, individual violators shall
be fined between
not less than 150 yuan and not more than 200 yuan, and units
between not less than 500 yuan and not more than 1000 yuan.
Article 26 (Other
Provisions on Punishment)
Other acts in violation of the provisions of these
Procedures, or laws and regulations on traffic administration shall be penalized
in accordance with relevant regulations of the State and this Municipality.
Violations of regulations on public security administration
shall be penalized
in accordance with "Regulations of the People' s Republic of China on Public
Security Administration and Imposition
of Punishment" . Parties whose act
constitutes a crime shall be prosecuted for its criminal liability as provided
by law.
Article 27 (Reconsideration and Litigation)
Parties that refuse to
accept specific administrative acts of the public security and traffic
administrative departments may apply
for administrative reconsideration, or file
administrative actions in accordance with the provisions of the "Law of the
People'
s Republic of China on Administrative Reconsideration" and
the "Administrative Litigation Law of the People' s Republic of China"
.
Article
28 (Department to Interpret the Application)
The Shanghai Municipal Public
Security Bureau shall be responsible for the interpretation of specific
application of these Procedures.
Article 29 (Date of Implementation)
These
Procedures shall become effective on January 1, 1997.
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