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Methods of Tianjin Municipality for Motor Vehicle Parking Administration

新闻日期: 2015-07-20    文章来源:

The People’s Government of Tianjin Municipality
Decree No. 16

    The Methods of Tianjn Municipality for Motor Vehicle Parking Administration was adopted by the Municipal People’s Government at its 51st executive meeting on April 10, 2015 and is hereby promulgated. These Methods shall go into effect as of May 21,2015.

                                                        Mayor Huang Xingguo
                                                     Tianjin Municipal Government
                                                             April 20, 215

Methods of Tianjin Municipality for Motor Vehicle Parking Administration


Article 1  These Methods are enacted in accordance with pertinent laws and regulations and in light of the actual conditions of this Municipality with the purpose of strengthening motor vehicle parking administration, regulating the parking order, improving parking service so as to ensure safety and unimpeded passage on the roads in this Municipality.
Article 2  These Methods apply to the design, construction, use, operation and administration of motor vehicle parking lots, and the use ,operation and administration of roadside parking spaces in the area under the jurisdiction of this Municipality.
Article 3  For the purpose of these Methods the term “parking lots” means a venue for parking motor vehicles, including public parking lots, special parking lots and temporary parking lots. The public parking lots are the venues for the parking of social vehicles, the special parking lots are the venues for the parking vehicles of the specific unit, residential quarters or for the parking of special vehicle for transporting hazardous, chemical substances, the temporary parking lots are temporary parking venues by making use of a vacant place.
For the purpose of these Methods the term roadside parking spaces means a venue for the parking motor vehicle by occupying the road delimited by the traffic department of the public security authorities to be used for a specific period of time.
Article 4 The administration of motor vehicle parking lots and roadside parking spaces shall follow the principle of unified planning, reasonable layout, and administration by law, convenient to the masses and ensuring traffic safety and unimpeded passage.
Article 5  The competent administrative department of traffic and transportation shall be in charge of the planning, coordination, supervision and inspection of the citywide motor vehicle parking lots and roadside parking spaces.
The development and reform, planning, construction, traffic control under the public security bureau, cityscape and gardening, land and property administration and taxation administrative departments shall, depending on their respective scope of responsibility, assist in the administration of parking lots and roadside parking spaces.
Article 6 The district and county people’s governments shall exercise administration of the motor vehicle parking lots and roadside parking spaces in the area under their jurisdiction and fulfill the following duties and responsibilities:
1. Organizing the constructing of public parking lots according to the professional plan of public parking lots;
2. Inviting bids or auctioning the administrative rights for roadside parking spaces and the government-invested public, temporary parking lots;
3. Determining whether a parking lot in the area under its jurisdiction is for free use or for paid use, and determining the rate of charge for the roadside parking spaces and parking spaces in different areas;
4. Being aware of the conditions of the parking lots in the area under its jurisdiction, deciding and implementing the ways of award to units that open their own parking lots to or spare parking spaces for the public;
5. Studying and making special counter measures for the prominent parking difficulties in the area under its jurisdiction and organizing its implementation; and
6. Urging the related departments in the district and county to reinforce the administration of motor vehicle parking.
The neighborhood office, township and town people’s government shall, under the leadership of the district and county people’s government, do a good job in parking administration in the area under their jurisdiction.
Article 7  This Municipality encourages units and individuals to invest in the construction of public parking lots and encourages the units to open their own parking lots and spare space to the public for parking purposes.
It is encouraged to popularize the method of running the public motor vehicle parking lots in ways of intelligentization and informatization.
Article 8  The installation of public parking lots shall meet the requirements of professional planning. The professional planning of public parking lots shall comply with the overall urban planning, and the needs for administration and safety of urban traffic flow and the need of urban development and construction, and shall be amended at the right time according to the actual conditions of the city development.
The professional planning of public parking lots shall be worked out by the Municipal planning competent administrative department in collaboration with the related departments and district and county people’s government and submit it to the Municipal People’s Government for approval.
The district and county people’s government shall submit a report in a timely manner of its annual developmental plan to the Municipal construction competent administrative department for public parking lots in the area under their jurisdiction and the latter shall supervise and inspect the citywide construction of public parking lots.
Article 9  The method for allocating the land for the construction of public parking lots shall conform to the related State and Municipal regulations.
Article 10  The design plan for public parking lots and special parking lots shall conform to the State and Municipal distribution standard and design norm for motor vehicle parking lots.
The newly built public buildings, commercial communities, residential quarters, large or medium sized buildings shall construct parking lots in accordance with the construction norm for motor vehicle parking lots. Where such a building fails to construct a parking lot in accordance with the norm or the construction fails to conform to the related design norms, the planning competent administrative department may not approve the application for parking lot construction.
Where there is not enough parking space in the existing public buildings, commercial communities, residential quarters, large or medium sized buildings, the existing parking space shall be renovated or expanded in accordance with State and Municipal standard regarding the construction of motor vehicle parking lots in a timely manner.
The motor vehicle parking lot constructed simultaneously with the main body of the building, or the renovated or expanded parking lot shall be designed, constructed, inspected and accepted and handed over for use simultaneously with the main body. The construction of the underground parking garage shall take into consideration of the need of shelter against air-raid.
The Municipal construction competent administrative department shall, in collaboration with the Municipal planning competent administrative department, traffic administrative department under public security bureau and in the light of the growing number of motor vehicles, timely work out or revise the pertinent norm and standard for the construction of motor vehicle parking lots in this Municipality.
Article 11  Where it is difficult to construct or add motor vehicle parking lots or parking space in the renovated or expanded public buildings, commercial communities, residential quarters, large or medium sized buildings, due to the confinement of the surroundings, the construction unit shall, upon the approval of the planning competent administrative department, pay a construction fee for constructing parking lots in another place depending on the number of parking spaces needed. Where the construction unit fails to pay the construction fee, the planning competent administrative department may not issue the construction project planning permit.
The unified construction fee for every parking space needed to be constructed in another place shall be worked out by the Municipal development and reform department, the finance department, and the Municipal planning and construction competent administrative departments shall render assistance in this regard.
The construction fee for constructing parking space in another place shall be collected by the district and county construction competent administrative department to be submitted to the district and county finance department. It shall be exclusively used for constructing public parking space.
Article 12  The traffic department under the public security bureau may, upon soliciting the opinion of the cityscape and gardening, traffic and transportation competent department, delimit a part of the city road for parking purpose within the limit of the city road under the condition of not interfering with the passage of pedestrians and vehicles, and stipulate the period of time for its use. The roadside parking space delimited by the traffic department under the public security bureau shall be made public to society and the period of its use be announced in explicit terms.
The roadside parking space delimited by the traffic department under the public security bureau shall be strictly controlled in volume. The traffic department under the public security bureau shall, in collaboration with the Municipal cityscape and gardening department and traffic and transportation competent administrative department, make an annual assessment of parking condition of the whole city and timely add or reduce the number of roadside parking space, which shall be announced to the society.
The delimiting of roadside parking space shall conform to the pertinent state and Municipal regulations, technical requirements and standards.
Article 13  Where it is necessary to add spaces in delimiting roadside parking space, the Municipal traffic department under the public security bureau shall, in collaboration with the Municipal cityscape and gardening, traffic competent administrative department and relevant district and county people’s governments, hold a hearing or solicit opinions from the masses of people and report it to the Municipal people’s government for approval.
Article 14  In any of the following situations, the traffic department under the public security bureau shall temporarily dismantle the roadside parking spaces:
1. Where there is an emergency or a change happens to the road traffic, and the parking space interferes with the normal passage of the vehicles; and
2. The city infrastructure construction or other public welfare programs requires the temporarily removal of parking spaces;
The operator of the roadside parking spaces shall implement the decision made by the traffic department under the public security bureau on temporarily removal of roadside parking spaces.
Article 15  The existing motor vehicle parking lots may not be suspended for use without authorization or be used for any other purposes.
No unit or individual may delimit or remove without authorization roadside parking space, or set up an obstacle in the parking space to prevent parking.
Article 16  A designed parking spaces or parking garage for motor vehicles in the residential quarters shall meet the need of the residents living in the residential quarters and may not be laid idle.
The public parking lots constructed as a supplement to the public buildings and commercial community shall be open to the public 24 hours a day, seven days a week..
Article 17  This Municipality sets up a unified artificial intelligence-operated parking system by which to number all the parking spaces and maintain a dynamic administration of the information concerning public parking lots, roadside parking spaces and announces a real time distribution of public parking lots and roadside parking spaces, number of parking spaces and its occupancy.’
The district and county people’s government shall, in accordance with the citywide artificial intelligence parking administration system, set up parking guide facilities and take charge of its operation, management and maintenance.
The for-profit public parking lots and roadside parking spaces that are open to the public shall be connected to the parking guide system through the regional parking guide facilities, except for the special parking space open to the society.
Article 18  the Municipal traffic and transportation competent administrative department shall, in collaboration with the traffic department under the public security bureau, delimit an area in the much frequented airport, railway and long distance bus stations, seaports, commercial communities and large shopping malls for taxi stands for picking up and dropping passengers and open it free to all taxi drivers. Temporary spots shall be delimited on road for taxis to pick up passengers when it is possible.
No unit or individual may obstruct taxis from parking in the taxi stand and may not charge any fees from the taxi drivers for parking.
Article 19  The operator of roadside parking spaces and the government-invested public parking lots shall be chosen through invitation to bid or through auction. The invitation to bid or auction shall be organized by the district and county people’s government and all the proceeds thereof shall be turned in to the district and county finance to be used exclusively for the construction of public parking lots and the maintenance and repair of roadside parking spaces and the construction of artificial intelligence parking system, and may not be used for any other purposes and the use of the proceeds shall be made public to society on a regular basis.
The public parking lots invested by other units or individuals may be operated by the investors, or its operator may be decided through entrustment, renting, invitation to bid or other methods.
Article 20  The district and county people’s government shall sign a contract with the operator of roadside parking spaces, government-invested public parking lots and temporary parking lots, which shall include, among other things, the duties and rights of the two sides, valid time of duration and termination of the contract.
Where the operators of the roadside parking spaces and government-invested public parking lots, temporary parking lots finds themselves in any of the following situations, the district and county people’s government shall terminate the contract:
1. Disputes occurs many times that has extremely bad effects;
2. Failure to provide service as prescribed in the contract;
3. Failure to pay in full and in time the fees for the invitation to bid or auction for the operation rights;
4. Leasing or transferring the operational rights or operating by attaching themselves to a unit;
5. Committing illegal acts and refusing to make corrections;
6. Refusal to cooperate in the maintenance of road facilities and the operation to return the excavated road back to normal;
7. Acts that the two sides agree that may result in the termination of the contract. and
8. Other situations as prescribed in laws, rules and regulations.
Article 21  The operator of motor vehicle parking lots and roadside parking spaces that are open to society shall report, 15 days from the date of inauguration or termination, the geographical location, number of parking spaces to the traffic department under the public security bureau and announce the information to the public simultaneously.
Article 22  The motor vehicle parking lots and roadside parking spaces that are open to society shall conform to the state standards of Road Traffic Signs and Demarcation Lines (GB 5768-1999), Technical Requirements for Safety Administration of Parking Garages (Lots) ( GA/T761-2008).
Public parking lots shall install special parking spaces reserved for the disabled where it is possible to do so in accordance with Design Norm for Accessible City Road and Buildings(JGJ50-2001)
Article 23  The operator of the motor vehicle parking lots shall abide by the following stipulations:
1. Announcing the rate of the fee and the supervisory telephone number;
2. Setting up a management system on parking, safety precaution and firefight;
3. Installing adequate lighting facilities, time-based fee collecting facilities so as to ensure the normal operation of the parking lots;
4. Guiding the vehicles to enter and exit in an orderly way;
5. Charging at the rate verified by the Municipal development and reform department and use special invoice;
6. The working staff shall wear uniform badge;
7. It is prohibited to engage in any activities that endanger the safety of the parked vehicles in the parking lots; and
8. Up to environmental and hygienic quality standards, the operator’s booth shall be kept clean free from any litters, and assisting the cleaners in their cleaning and gardening operation;
Operator of roadside parking spaces shall follow Items 1, 5, 6, 7 and 8 of the preceding stipulations.
Article 24  The motor vehicle driver shall abide by the following stipulations when parking in the motor vehicle parking lots or roadside parking spaces that are open to society:
1. Obeying the instructions of the manager and parking at the designated space, shut off the electric circuit, switch to the brake mode and locking the door;
2. Do not damage parking facilities or equipments;
3. Do not carry inflammables, explosives and poisonous articles or any other hazardous substances;
4. Paying the parking fees according to the stipulated rate; and
5. Do not smoke, use open fire, test run, or litter in the parking space.
Where any of the operators of motor vehicle parking lots or roadside parking spaces that are open to society fails to charge according to the stipulated rate, to wear uniform badge, or to use special invoices, the motor vehicle driver may refuse to pay the parking fee.
Article 25  The rate of fees for motor vehicle parking lots or roadside parking spaces shall be determined in the principle of different fees for different areas, different time, higher fees for downtown area than those of periphery area, higher fees for roadside parking space than those in motor vehicle parking lots. The rate of parking fees shall be determined by the Municipal development and reform department in collaboration with the Municipal traffic and transportation competent administrative department and Municipal public security bureau.
Article 26  The traffic department under the public security bureau shall handle acts violating these Methods in accordance with the following stipulations:
1. Where any one delimits or removes the roadside parking spaces or installs obstacles obstructing others from parking, the public security bureau shall order him to make corrections and may penalize him by a fine of not less than 200 yuan but not more than 1,000 yuan per parking space;
2. Where roadside parking spaces or parking garage in the residential quarters designated for parking motor vehicles are laid idle, the public security bureau shall order responsible person to make corrections and impose a penalty of not more than 1000 yuan per idle parking space;
3. Where a public parking lot in public buildings and commercial communities that are built simultaneously with the main building fail to open 24 hours a day seven days a week to society, the public security bureau shall order the responsible person to make corrections and impose a penalty of not less than 10,000 yuan but not more than 30,000 yuan;
4. Where a motor vehicle parking lot fails to meet the requirements prescribed in the state standards of Road Traffic Signs and Demarcation Lines, Technical Requirements for Safety Administration of Parking Lots, the public security bureau shall order the responsible person to make corrections or a penalty of less than 1,000 yuan shall be imposed;
5. Where an operator of motor vehicle parking lots that are open to public violates Items 1,2,3,4,6,7,and 8 of paragraph 1 of Article 23 of these Methods, the public bureau shall order the violating operator to make corrections and may impose a penalty of more than 200 yuan but less than 1,000 yuan;
6. Where an operator of roadside parking spaces violates the provisions of Items 1, 6 and 7 of Article 23 of these Methods, the public security bureau shall order him/her to make corrections and may penalize him/her by a fine of not less than 200 yuan but not more than 1,000 yuan;
7. Where an operator of motor vehicle parking lots or roadside parking spaces that are open to society fails to report in writing the relevant information to the traffic department under the public security bureau and announce it to the general public at the same time, the public security bureau shall order him/her to make corrections; where he/she refuses to make corrections, the public security bureau shall penalize him/her by a fine of 10,000 yuan;
8. Where anyone strikes a road pillar or land lock on the road that obstructs the passage of motor vehicles, the public security bureau shall stop this illegal acts and order him/her to restore normal traffic and may penalize him/her by a fine of more than 200 yuan but not more than 1,000 yuan;
Article 27  Where anyone, in violation of these Methods, uses the existing motor vehicle parking lots without authorization or convert them for other uses, the traffic department under the public security bureau shall penalize him/her according to the provisions of Article 55 of Stipulations of Tianjin Municipality on Road Traffic Safety Administration.
Article 28  Where anyone of the related department or any of the functionaries that exercise administration of motor vehicle parking lots and roadside parking spaces neglects his duties, abuses his powers, resorts to malpractice for selfish gains or asks for bribes, the unit he belongs to or the next higher competent department or the supervisory department shall mete out a sanction against him; where the offense is so serious as to constitute a crime, he  shall be investigated for criminal responsibilities; where damage is caused to the party concerned, he shall compensate the victim according to law.
Article 29  These Methods shall go into effect as of May 21,2015. The Methods of Tianjin Municipality for the Administration of Parking Lots promulgated by the Tianjin Municipal People’s Government on January 14, 2010 (Tianjin Municipal government Decree No. 25, 2010) shall be repealed simultaneously.

 


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