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No. 268 Order of Wuhan Municipal People’s Government
source:     2018-01-02

It is hereby promulgated that the Measures of Wuhan Municipality for the Administration of Temporary On-street Parking of Motor Vehicles have been adopted at the 158th Executive Meeting of Wuhan Municipal People’s Government on January 18, 2016, and shall be implemented as of April 18, 2016. 

  

  

Mayor:   Wan Yong 

March 9, 2016 

  

 Measures of Wuhan Municipality for the Administration of Temporary On-street Parking of Motor Vehicles 

 

  

Article 1   With a view to strengthening the administration of motor vehicle parking of this Municipality, maintaining the on-street parking order, as well as the safety and clearness of urban roads, these Measures are formulated in accordance with the Law of the People’s Republic of China on Road Traffic Safety, the Regulations on Urban Road Administration and other relevant laws and regulations, and in the light of the actual situation of this Municipality.  

Article 2   These Measures are applicable to the planning, setting and use of on-street parking spaces and to the supervision and administration of temporary parking of motor vehicles in the central urban areas of this Municipality.  

An urban on-street parking space as mentioned in these Measures refers to an area  delimited by the traffic administration under a public security organ according to law within the boundary lines of roads, and used for temporary parking of motor vehicles in a certain duration.  

Article 3   The design and location of urban on-street parking spaces shall be rational with unified planning and convenient for parking.  

Article 4   The municipal department of city management, as the competent department for the administration of temporary on-street parking of motor vehicles of this Municipality, shall be responsible for organizing the formulation of management and service rules for temporary on-street parking of motor vehicles of this city; organizing the construction of intelligent management system for urban on-street parking and classifying the categories of charging areas; organizing bidding activities for the franchise rights of urban on-street parking spaces, and determining the operators of urban on-street parking spaces; exercising comprehensive coordination, inspection, instruction, supervision and appraisal over the management of urban on-street parking spaces, and authorizing the management agencies of urban on-street parking to implement the specific daily management work.  

The municipal competent administrative department of development and reform (pricing) shall be responsible for formulating or adjusting the charging standards for urban on-street parking of motor vehicles, and supervising and inspecting its implementation.  

The traffic administration under a public security organ shall be responsible for the order management of urban on-street parking and the marking, removal and adjustment of urban on-street parking spaces, and investigating and punishing illegal acts in urban on-street parking according to law.   

The competent administrative departments of land and resources, planning, urban development, finance, industry and commerce, gardening and forestry shall, in line with their respective responsibilities, well perform in their administrative work related to the temporary on-street parking of motor vehicles.    

Article 5   The traffic administration under a public security organ, while marking or adjusting on-street parking spaces within the boundary lines of urban roads, shall abide by the relevant provisions, technical requirements and standards, as well as the following provisions:  

(1) The passage of pedestrians and vehicles shall not be affected;  

(2) Fire fighting accesses, emergency medical treatment accesses and municipal infrastructures, as well as their normal use shall not be affected; and 

(3)  The requirements on total quantity control over regional on-street parking shall be met. 

Article 6   No parking spaces shall be set in the following:  

(1) expressways and main stems of arterial roads;  

(2) one-way street sections with a width of less than six meters, and two-way street sections with a width of less than eight meters; and 

(3) other regions or sections determined jointly by the traffic administration under the municipal public security organ and the municipal department of city management.  

Article 7   The marking, removal or adjustment of urban on-street parking spaces by the traffic administration under a public security organ shall be reported to a department of city management and made known to the public.  

The traffic administration under the municipal public security organ shall, jointly with the municipal department of city management, conduct annual appraisals on urban on-street parking spaces of the whole city, and increase or reduce them appropriately based on the urban development status.  

A developer concerned shall make compensation to an operator who suffers losses due to the removal of urban on-street parking spaces. If the developer concerned cannot be determined, the municipal department of city management shall, jointly with the municipal department of finance shall, reduce appropriately the franchise fee of such operator.  

Article 8   In any of the following circumstances, the traffic administration under a public security organ shall remove the urban on-street parking spaces: 

(1) As the road traffic has changed, the existing urban on-street parking has affected the normal traffic;  

(2) Removal is necessary due to the construction of urban infrastructure or other public-benefit projects; or 

(3) Removal is required as provided by laws and regulations.  

Where temporary occupation of urban temporary on-street parking spaces is necessary due to traffic controls, big events, emergency rescues, unexpected incidents or other circumstances, the traffic administration under a public security organ may make a decision on suspending the use of urban on-street parking spaces, and an operator shall, upon receipt of the decision, set up a striking sign board to notify the public. 

Article 9   Urban on-street parking spaces and their ancillary facilities are part of the public facilities for urban road traffic, and no unit or individual may install, change, damage or dismantle them without authorization.   

Article 10   An operator of urban on-street parking spaces shall be determined by bidding, which is organized by the municipal department of city management. The bidding incomes shall be turned over to the treasury, and their use shall be made known to the public.    

Article 11   The municipal department of city management shall sign a franchise agreement with an operator of urban on-street parking spaces, covering the rights and obligations of both parties, the agreement term, the conditions of termination, etc.  

If an operator of urban on-street parking spaces is found to commit the following, the municipal department of city management shall urge such operator to make corrections, or if coordination fails, may terminate the agreement with such operator:  

(1) being involved in disputes on service quality due to the operators own reason, which causes severe adverse impact;  

(2) failing to provide service as per the promised standard;  

(3) failing to pay the bidding expenses in full amount and on schedule;  

(4) conducting sublease, subcontract, or affiliating operation without authorization;   

(5) committing illegal acts and refusing to make corrections; or  

(6) refusing to cooperate in the maintenance of urban road facilities, or in road excavation or restoration.   

Article 12   An operator of urban on-street parking spaces shall, as agreed in the franchise agreement, build an intelligent parking management system, number the parking spaces, construct ancillary facilities, exercise dynamic management of parking information, display the real-time parking layout, use status and quantity of parking spaces, and send the real-time information to the traffic administration under a public security organ and the municipal department of city management.  

Article 13   The charging standards for urban on-street parking spaces shall be formulated by the municipal competent administrative department of development and reform (pricing) based on its study on different sections and time frames, and the municipal department of city management may propose adjustment opinions in due time to the municipal competent administrative department of development and reform (pricing).  

Article 14   The use of urban on-street parking spaces may be paid by advance payment. An operator of urban on-street parking spaces may collect the parking fee by radio-frequency or mobile communication technology or by selling prepaid cards. 

Article 15   An operator of urban on-street parking spaces shall:   

(1) obey the commands of traffic police and assist in maintaining the on-street parking order;  

(2) guide motor vehicles to park appropriately in urban on-street parking spaces; 

(3) prevent and report the illegal parking acts in and around urban on-street parking lots;  

(4) publicize the parking service time, charging standards and supervision hotline;  

(5) charge parking fees as per the rates approved by the municipal competent administrative department of development and reform (pricing) 

(6) require employees to wear service badges; and 

(7) cooperate in road maintenance, environmental sanitation, park maintenance, etc. 

Article 16   When parking in a public parking space, a motor vehicle driver shall:  

(1) park orderly within the space markings;  

(2) not damage parking facilities or equipment;  

(3) not park vehicles loaded with flammable, explosive, toxic or radioactive hazardous substances;  

(4) pay the parking fee as specified; and 

(5) drive vehicles away immediately from urban on-street parking spaces as required by such special situations as traffic control, scene control, unexpected incidents or emergency rescues.  

Article 17   A driver who uses advance mobile payment shall initiate the payment program and set the parking time within five minutes after driving the vehicle into an on-street parking space. 

Where a driver fails to initiate the mobile payment program as provided in the preceding paragraph or his/her actual parking duration exceeds the set time paid by mobile, an operator of urban on-street parking spaces shall inform the driver of the starting time of parking, the arrearages, the time limit for supplementary payment, the legal consequence and/or other matters.    

Article 18   Whoever uses an urban on-street parking space temporarily shall pay the parking fee as provided. Parking fees shall be calculated by using the time unit specified in the charging standards. A parking duration under a time unit shall be deemed a time unit.  

Where a drivers actual parking duration is less than the set time of mobile for one time unit or more, the overpaid amount shall be refunded to the driver.  

A driver whose actual parking duration is more than the set time of mobile shall, after leaving the parking space, make supplementary payment for the parking fee before 24:00 of the following day as per the charging standards.  

Article 19   Where charging errors are made due to the failure of charging system, an operator of urban on-street parking spaces shall collect the parking fees as per the actual parking durations and refund the extra charges.  

Article 20   In any of the following circumstances, the parking fees for urban on-street parking spaces shall be exempted:  

(1) Urban on-street parking spaces are used during non-chargeable hours specified by the competent administrative departments of development and reform (pricing); and 

(2) Urban on-street parking spaces are used by in-service fire engines, ambulances, emergency vehicles or police vehicles or other vehicles that shall be exempted from parking fees as provided by laws and regulations.  

The service hours, free parking hours and other matters of urban on-street parking spaces shall be provided separately and publicized by the municipal competent administrative department of development and reform (pricing). 

Article 21   Whoever, in violation of these Measures, delimits, alters or removes urban on-street parking spaces or sets up barriers against on-street parking without authorization shall be punished in accordance with the Measures of Wuhan Municipality for Implementation of the Law of the Peoples Republic of China on Road Traffic Safety.  

Article 22   An operator of urban on-street parking spaces who, in violation of these Measures, fails to publicize the service hours, charging standards or supervision hot line shall be ordered by a department of city management to make corrections within a prescribed time limit; if such operator fails to make corrections within the prescribed time limit, a fine of not less than RMB5,000 but not more than RMB10,000 shall be imposed.  

Article 23   For drivers who fail to make supplementary payment for the parking fee within the time limit specified in these Measures, the municipal department of city management may publicize the list of motor vehicle owners through newspaper or other media and record it into the credit system.  

Article 24   In the event of damage or property loss of a motor vehicle parked in an on-street parking space, the vehicle owner may clam for compensation from the insurance company where the vehicle is insured or call the police, and the operator of on-street parking spaces shall provide necessary assistance.   

If the damage of a motor vehicle parked in an on-street parking space is caused due to the reason of the operator of urban on-street parking spaces, such operator shall bear the liability for compensation according to law. 

Where on-street parking facilities or other vehicles are damaged by fault of a motor vehicle driver, such driver shall bear the liability for compensation according to law. 

Article 25   Any relevant administrative department exercising administration over urban on-street parking spaces or any of its functionaries that neglects duties, abuses power, commits illegalities for personal gains, or solicits or accepts bribes shall be punished by the department involved, the superior competent organ or the supervisory organ; if losses are caused to the parties concerned, compensation shall be made according to law; if a crime is constituted, criminal liability shall be investigated according to law.   

Article 26   These Measures shall come into force as of April 18, 2016.  

 

 

To:

People’s governments at the district level, departments of the Municipal People’s Government.

Office of Legislative Affairs of the Provincial People’s Government.

General Office of the Municipal Party Committee, Wuhan Garrison Command, people’s organizations, Democratic Parties.

General Office of the Standing Committee of the Municipal People’s Congress, General Office of CPPCC Wuhan Committee, Municipal People’s Court and Procuratorate.

News agencies, enterprises and institutions affiliated to ministries.

General Office of Wuhan Municipal People’s Government

Printed and Distributed on March11, 2016

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