Laws of the Shanghai Province

(Promulgated by Decree No. 110 of the Shanghai Municipal People' s Government on

October 23, 2001)

The Municipal People' s Government has decided to make the following amendments to the "Procedures of Shanghai Municipality on the Traffic Safety Administration of Out-of-town Motor Vehicles in Shanghai" :

Article 2 shall be amended as:

These Procedures shall apply to traffic safety-related acts of out-of-town motor vehicles within the administrative area of this Municipality, and out-of-town drivers in Shanghai (hereinafter referred to as Out-of-town drivers) and their administration.

Clause 2 of Article 2 shall be amended as:

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 8 shall be amended as:

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 shall be amended as:

The following units using out-of-town motor vehicles shall perform registration formalities for such vehicles:

(1) Resident offices of other provinces and municipalities in Shanghai;

(2) Units of other provinces and municipalities registered with the industrial and commercial administrative departments of this Municipality;

(3) Construction units of other provinces and municipalities contracting for construction projects in this Municipality;

(4) Units of this Municipality using out-of-town motor vehicles.

5. Article 11 shall be amended as:

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.

6. Article 13 shall be amended as:

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.

7. Article 15 shall be amended as:

In case of any changes in the names and addresses of their units or other registered items, registered out-of-town vehicles shall go through formalities for changes in registration with the public security and traffic administrative departments of their original registration.

8. Article 16 shall be amended as:

Units using out-of-town drivers shall go through registration formalities for out-of-town drivers with the district/county public security and traffic administrative departments of their locality in this Municipality and provide the following documents:

(1) Certificates of the user units;

(2) Driving licenses of motor vehicles;

(3) Temporary residence permit or resident ID.

Personnel, 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-town personnel as well.

9. Article 17 shall be amended as:

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).

10. Article 18 shall be amended as:

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.

11. Article 21 shall be amended as:

Unregistered out-of-town motor lorries shall run on roads outside the areas of restricted passage. Out-of-town motor lorries that have proven their needs to enter the areas of restricted passage shall go through temporary passage formalities with the public security and traffic administrative departments, and observe regulations of this Municipality on road passage administration.

12. Article 23 shall be amended as:

Pass marks and certificates of registration shall not be forged, loaned, tampered with or misused.

13. Article 25 shall be amended as:

In case of violations of these Procedures by out-of-town motor vehicles or out-of-town drivers, the public security and traffic administrative departments may temporarily seize their vehicles, driving licenses or vehicle license plates, depending on the seriousness of such cases.

14. Article 26 shall be amended as:

If the owners of the vehicles, driving licenses or vehicle license plates that are temporarily seized fail to present themselves for handling 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 handling within 90 days from the date of service of the reminder, the temporarily seized vehicles shall be disposed of as ownerless property.

15. The range of fines for units specified in Items (2) and (5) of Article 27 shall be amended from between not less than 1000 yuan and not more than 5000 yuan to between not less than 500 yuan and not more than 1000 yuan.

16. Article 29 shall be amended as:

Parties that refuse to accept specific administrative acts of 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" .

17. Articles 12 and 14 shall be deleted.

18. In accordance with the present Decision, the order and wording of part of the articles shall be adjusted accordingly.

The present decision shall become effective on November 1, 2001.

The "Procedures of Shanghai Municipality on the Traffic Safety Administration of Out-of-town Motor Vehicles in Shanghai" shall be amended in accordance with the present Decision, and shall be re-promulgated.