Laws of the Shanghai Province

(Promulgated by Shanghai Municipal People' s Government on August 21, 1996, amended 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 Traffic Safety Administration of Out-of-town Motor Vehicles in Shanghai' " on October 23, 2001)

Article 1 (Purpose 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 (Scope of Application)

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 out-of-town motor vehicles, motorcycles, scooters and motorcycles with sidecar are prohibited on the roads inside the Outer Ring Road of this Municipality.

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 in accordance with the criminal 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.