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No. 305 Administrative Measures of Wuhan City for the Use of Motor Vehicle Parking Facilities
The Administrative Measures of Wuhan City for the Use of Motor Vehicle Parking Facilities, adopted upon deliberation at the 138th executive meeting of the Wuhan Municipal People’s Government on December 14, 2020, are hereby promulgated for implementation as of March 1, 2021.
Zhou Xianwang, Mayor
December 30, 2020
Administrative Measures of Wuhan City for the Use of Motor Vehicle Parking Facilities
Article 1 To strengthen the administration of the use of motor vehicle parking facilities in Wuhan City, regulate motor vehicle parking order, and promote the sustainable development of the urban comprehensive transportation system, the Measures are formulated in accordance with the Law of the People’s Republic of China on Road Traffic Safety, the Measures of Wuhan City for Implementing the Law of the People’s Republic of China on Road Traffic Safety, and other relevant laws and regulations in combination with the actual conditions of Wuhan City.
Article 2 The Measures apply to the administration of the use of motor vehicle parking facilities and related activities in the administrative regions of Wuhan City.
Article 3 The Wuhan Municipal People’s Government shall uniformly lead the administration of the use of motor vehicle parking facilities in Wuhan City, guarantee capital investment, establish a sound integrated coordination mechanism, and implement comprehensive governance of the administration of the use of motor vehicle parking facilities.
People’s governments at the district level (including the administration committees of development zones and the scenic area, hereinafter “people’s governments at the district level”) are bodies responsible for the administration of the use of motor vehicle parking facilities in their jurisdictions. They are responsible for the coordination and promotion of all work of the management of the use of motor vehicle parking facilities.
Sub-district offices and people’s governments at the township level are responsible for incorporating the management of the use of motor vehicle parking facilities into grid administration, cooperating with the relevant administrative departments to do related work, and guiding and coordinating the relevant entities and residents’ (villagers’) committees and owners’ committees to carry out parking autonomy and sharing of parking facilities.
Article 4 Traffic management departments under public security organs are responsible for investigating and punishing illegal activities related to the administration of the use of parking facilities in accordance with the law; maintaining parking information management and service systems in Wuhan City; and sharing management information with the administrative departments of natural resources and planning, urban and rural development, and market regulation.
Market regulatory departments are responsible for investigating and punishing the behavior of engaging in profitable parking without a business license in accordance with the law, and supervising the management of parking charges and the management of the safety of mechanical parking equipment.
Fire control and rescue institutions and urban and rural development departments shall be responsible for guiding parking facility operators, managers or property owners to delimit no-parking areas for firefighting access and set up firefighting access signs; and setting, in concert with traffic management departments under the public security organs, signs and marked lines of firefighting access at the entrance and exit of parking facilities.
Departments of development and reform, finance, housing security and management, natural resources and planning, and urban management and law enforcement shall, in accordance with their respective responsibilities, be in charge of the work related to the administration of the use of motor vehicle parking facilities.
Article 5 The motor vehicle parking association and other industry associations and organizations shall, according to their articles of association, establish a sound industry self-regulation system; participate in the study, formulation, publicity, and implementation of parking-related policies, regulations, industry standards, and technical guidelines; guide members to operate in a standardized and honest manner; organize members to conduct industry service quality evaluation and training; and safeguard the legitimate rights and interests of the members.
Article 6 For public parking facilities invested and constructed by the government, operation and service entities shall be determined in an open and fair competition manner, and the income from the transfer of the operation right of the parking facilities shall be turned over to the state treasury in full and included in budgetary management.
Article 7 Administrative institutions, enterprises, public institutions, and social organizations with safety management conditions are encouraged to open their dedicated parking facilities to the public for compensation, time-staggered sharing them with the public, and may determine the opening hours by themselves.
Residential community may open their parking spaces shared by the owners to the public for paid use in accordance with the relevant laws and regulations on property management with the consent of the owners’ assembly, based on the premise that the parking needs of the owners are met first.
Individuals are encouraged to entrust parking facilities which they have the right to use, to reservation parking service enterprises for time-staggered sharing of parking. Parking facility managers shall also provide support and cooperation.
Article 8 If there is a property service enterprise in a residential community where neither the owners’ assembly nor the owners’ committee has been established, the property service enterprise shall provide parking services as agreed in the contract; if there is no property service enterprise, the sub-district office shall guide the residents’ committee to organize the establishment of a parking autonomy organization, which shall implement self-management and provide service for parking in the residential community in accordance with the relevant provisions. Fees can be charged for self-management and service and can be used for the costs and expenses of parking autonomy and the construction and maintenance of parking facilities. The collection and use of fees shall be regularly made public in the residential community.
Article 9 The establishment and management of parking facilities shall comply with the following provisions:
1. Parking facility signs shall be set up in prominent positions;
2. Within the space of parking facilities, parking lines, no-parking areas for firefighting access, and other traffic signs shall be marked in accordance with the specifications, vehicle driving and pedestrian routes shall be reasonably designed, and facilities such as entrance and exit signs, firefighting access signs, driving guide signs, bend safety mirrors, ramp anti-skid lines, speed bumps shall be set up;
3. Necessary ventilation, lighting, drainage, communication, fire control, monitoring, and other facilities shall be configured in accordance with the specifications and their normal use shall be ensured;
4. Corresponding management personnel shall be allocated to direct the orderly entry and exit, parking of vehicles, and maintain the parking order;
5. A safety management system of parking facilities shall be formulated, and proper safety precautions within the space of parking facilities shall be taken. In case of fire alarm, traffic accident, public security or criminal cases within the space of parking facilities, emergency measures shall be taken; a report shall also be timely filed to the fire control and rescue institution or public security organs;
6. Parking facility operation and service entities with mechanical parking equipment shall, in accordance with relevant laws and regulations on special equipment, obtain the special equipment use registration certificate in accordance with the law and take the initiative to request regular inspection, formulate and implement the safety management system, and in case of an accident, timely take emergency measures and report to the market regulatory department;
7. It is prohibited to engage in road passenger or cargo transport business activities, such as setting up stations and soliciting passengers within the space of parking facilities; and
8. Other provisions of laws and regulations.
Article 10 For profitable parking facilities, a parking facility information board shall be set up in a prominent position, indicating the name of the parking facilities, number of parking spaces, vehicle type classification, charging period, charging standard, charging basis, service commitment, contact phone number, supervisory authority and the price reporting phone numbers.
Article 11 Where temporary parking facilities are set up in the space between the urban road boundary line and building setback line, the following provisions shall be complied with:
1. Relevant parking facility setting standards and design specifications;
2. Isolation facilities shall be used to separate the parking facilities from sidewalks;
3. The normal use of fire control and municipal infrastructure shall not be hindered; and
4. Toll booths and barrier gates shall not be set up within the road boundary line.
Article 12 If a traffic management department under the public security organs discovers serious hidden traffic safety hazards in parking facilities that have been put into use, it shall timely report to the people’s government at the district level and put forward suggestions on preventing traffic accidents and eliminating the hidden safety hazards. The people’s government at the district level shall make a decision to handle them in time.
Article 13 The municipal traffic management department under the public security organs shall, in concert with the administrative departments of natural resources and planning, urban and rural development, housing security and management at the municipal level, and people’s governments at the district level, regularly organize general surveys of motor vehicle parking resources, and the relevant entities and individuals shall cooperate.
The departments of natural resources and planning and urban and rural development shall share the information on new parking facilities with the traffic management departments under the public security organs every year.
Article 14 Traffic management departments under the public security organs shall organize and urge parking facility operation and service entities to upload relevant parking information in real time to the parking information management and service system in accordance with the requirements of specifications, and release parking guidance information to the public.
Article 15 Motor vehicle parkers shall observe the following provisions when using parking facilities:
1. Comply with the management provisions on the use of parking facilities and follow the instructions of management personnel, and shall not damage relevant equipment;
2. Park vehicles in the parking spaces in an orderly manner and shall not park across parking spaces;
3. Shall not park nonelectric vehicles in dedicated parking spaces for electric vehicle charging; and
4. Shall not occupy or block firefighting access, or obstruct the passage, parking, and ascending operations of fire trucks.
Ultra-high, ultra-wide, and ultra-long vehicles, as well as vehicles carrying inflammable, explosive, polluting, toxic, radioactive, and other dangerous goods, shall be parked in corresponding special facilities.
Article 16 When holding a large-scale public event, the organizer shall coordinate the venue where the event is held and the surrounding parking facilities to provide parking services.
If setting up a temporary parking area is necessary, the organizer shall submit an application to the traffic management department under the public security organs 20 days in advance.
During the event, the organizer shall strengthen the parking route instructions and guidance, and arrange for personnel to assist in maintaining on-site traffic order in accordance with the requirements of the traffic management department under the public security organs.
Article 17 Discarded motor vehicles shall not occupy public parking facilities or parking spaces on urban roads for an unduly long time. Where discarded motor vehicles are parked at special parking facilities, the motor vehicle owners shall move them in time.
Motor vehicles may be regarded as discarded under any of the following circumstances:
1. Motor vehicles recognized as discarded according to the law;
2. Motor vehicles recognized as ownerless according to the law; and
3. Other circumstances under which motor vehicles can be recognized as discarded in accordance with the law.
Article 18 No entity or individual shall, without authorization, stop using the parking facilities that have been completed and put into use, or use them for any other purpose.
If parking facilities change the number of parking spaces or cease to be used upon approval, the management entity shall timely report to the traffic management department under the public security organs for the record, and meanwhile adjust or remove the parking facility signs and parking guidance release signs accordingly. In case of discontinuing the use of profitable parking facilities, an announcement shall be made to the public 20 days in advance.
Article 19 The management of the use of motor vehicle parking facilities shall be included in the construction of the public credit system. Relevant administrative departments shall push the information on administrative punishment, administrative confirmation, and administrative compulsion, and other information on the use and management of parking facilities to the credit information platform of Wuhan City.
Article 20 The relevant administrative departments of Wuhan Municipal People’s Government and people’s governments at the district level shall accept suggestions and reports from the public on the use and management of motor vehicle parking facilities, and shall take, register, handle, and respond to such suggestions and reports in accordance with the provisions. If a department discovers illegal acts that do not fall within the scope of its investigation and punishment duties, it shall promptly transfer the cases to the competent departments.
Article 21 For any violations of the Measures, if provisions exist in laws and regulations, such provisions shall apply.
Article 22 Violations of the Measures under any of the following circumstances shall be punished by the traffic management department under the public security organs according to the following provisions:
1. If a profitable parking facility operation and service entity violates Item 1, or Item 2, or Item 4 of Article 9 of the Measures, it shall be ordered to make corrections within a prescribed time limit, and if it fails to do so within the prescribed time limit, it shall be fined no less than CNY 3,000 but no more than CNY 5,000; and
2. If a profitable parking facility operation and service entity violates Article 14 of the Measures and fails to upload the relevant parking information to the parking information management and service system in real time as required in the specifications, it shall be ordered to make corrections within a prescribed time limit.
Article 23 If a discarded motor vehicle occupies public parking facilities or parking spaces on urban roads for an unduly long time in violation of Article 17 of the Measures, the traffic management department under the public security organs may tow the discarded motor vehicle to a designated place for storage or scrap it according to the relevant provisions. If the owner of a motor vehicle stores the discarded motor vehicle in special parking facilities for an unduly long time without moving it, the management of the special parking facilities shall have the right to dispose of it in accordance with the law.
Article 24 Where relevant state organs and their functionaries who, in violation of the provisions of the Measures, neglect their duties, abuse their powers, engage in any malpractice for personal gain, or take advantage of their positions to solicit or accept property from others or seek other benefits, shall be punished by the organs or the discipline inspection and supervisory organs in accordance with the administrative authority; if losses are caused to the parties concerned, compensation shall be made according to the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.
Article 25 The Measures shall come into force as of March 1, 2021. The Administrative Measures of Wuhan City for Motor Vehicles Parking Lots (for Trial Implementation) (Order of the Wuhan Municipal People’s Government No. 186) published by Wuhan Municipal People’s Government on June 25, 2008 shall be repealed simultaneously.
Sent to: People’s governments at the district level and departments of the Wuhan Municipal People’s Government.
Hubei Provincial Department of Justice.
Wuhan Municipal Commission for Discipline Inspection, Wuhan Municipal Commission for Supervision, General Office of the Wuhan Municipal Party Committee, Wuhan Municipal Garrison Command, people’s organizations, and democratic parties.
General Office of the Standing Committee of the Wuhan Municipal People’s Congress, General Office of the CPPCC Wuhan Committee, Wuhan Municipal Court, and Wuhan Municipal Procuratorate.
News agencies, and enterprises and public institutions affiliated to ministries in Wuhan City.