Provisions of Quzhou Municipality on the Administration of Battery Cars

Regulations of Zhejiang Province on the Administration of Electric Bicycles

(adopted at the 21st meeting of the Standing Committee of the 13th Zhejiang Provincial People's Congress on May 5, 2020 15)

Article 1 In order to strengthen the management of electric bicycles, maintain road traffic order, prevent and reduce road traffic accidents and fire accidents, and protect citizens' personal and property safety, these Regulations are formulated in accordance with the Road Traffic Safety Law of the People's Republic of China, the Product Quality Law of People's Republic of China (PRC), the Implementation Regulations of the Road Traffic Safety Law of the People's Republic of China and other relevant laws and administrative regulations, and combined with the actual situation of this province.

Article 2 These Regulations shall apply to the production, sale, registration, traffic, parking and related management activities of electric bicycles within the administrative area of this province.

The term "electric bicycle" as mentioned in these Regulations refers to a two-wheeled bicycle with the function of pedaling and electric assistance or electric drive, with the vehicle battery as the auxiliary energy source.

Article 3 People's governments at all levels shall strengthen their leadership over the management of electric bicycles within their respective administrative areas, establish a work coordination mechanism, urge relevant departments to perform their duties according to law, and organize the implementation of safeguard measures such as safe passage, standardized parking and safe charging of electric bicycles, so as to guide citizens to travel in a safe, civilized and green way.

Article 4 The traffic administrative department of the public security organ shall be responsible for the registration of electric bicycles and the management of road traffic safety.

The market supervision and management department is responsible for the supervision and management of the production and sales of electric bicycles, chargers, batteries and other products and the supervision and management of compulsory product certification of electric bicycles.

Departments of finance, natural resources, housing and urban construction, transportation, fire fighting and rescue, comprehensive administrative law enforcement and township people's governments (street offices) shall do a good job in the supervision and management of electric bicycles within their respective functions and duties.

Fifth electric bicycle related industry associations should establish and improve industry norms, strengthen industry self-discipline, reflect industry demands, guide and urge member units to engage in business activities such as the production and sales of electric bicycles and related products according to law.

Article 6 Organs, enterprises, institutions and social organizations shall strengthen the publicity of laws and regulations on road traffic and fire safety and safety knowledge of electric bicycles for their own personnel, and enhance their awareness of road traffic and fire safety and civilized travel literacy.

Radio, television, newspapers, Internet sites and other media should strengthen the publicity of road traffic fire safety laws, regulations and safety knowledge of electric bicycles, and enhance the road traffic fire safety awareness and civilized travel literacy of electric bicycle drivers.

Seventh people's governments at or above the county level shall take measures to guide the owners of electric bicycles to take out third-party liability insurance and driver personal accident insurance, and encourage commercial insurance enterprises to provide preferential treatment and convenience for the owners of electric bicycles.

Service enterprises such as express delivery and take-out and Internet electric bicycle rental enterprises should strengthen the education and management of safety production, implement the main responsibility of safety production, participate in work-related injury insurance according to law, and improve the solvency of enterprises by purchasing third-party liability insurance and driver's personal accident insurance.

Eighth electric bicycle production enterprises shall implement the main responsibility of product quality according to law, and the design maximum speed, maximum vehicle mass and overall size of electric bicycles sold in China shall meet the mandatory national standards.

Producers and importers of electric bicycles shall entrust certification bodies designated by CNCA to carry out compulsory product certification for electric bicycles they produce or import. The certification body shall timely upload the brand model, certification certificate, product certificate and other data information of the electric bicycle that has obtained the compulsory product certification certificate to the relevant database system of the State Administration of Market Supervision.

Article 9 The seller of electric bicycles shall publicize the relevant information that the vehicles they sell meet the compulsory national standards and obtain compulsory product certification in a prominent position in the sales place.

The seller of electric bicycles shall not sell electric bicycles without compulsory product certification; If the electric bicycle sold by it cannot be registered and licensed because it has not obtained the compulsory product certification certificate, it shall fulfill the obligation of returning or exchanging goods according to the requirements of consumers and bear other corresponding responsibilities according to law.

The operator of e-commerce platform shall verify and register the identity certificate (business license), address, contact information, product certificate and other information of the seller who applies to enter the platform to sell electric bicycles; If it is found that the electric bicycles sold in the platform violate relevant laws and regulations, it shall take necessary disposal measures according to law and report to the market supervision and management department.

Article 10 An electric bicycle shall be registered by the traffic administrative department of the public security organ, obtain the driving license and number plate, and hang the number plate at the designated position before it can run on the road.

Before the implementation of these regulations, electric bicycles purchased and filed by public security organs that do not meet the national standards (hereinafter referred to as non-standard electric bicycles for filing) shall be hung with temporary pass plates issued by public security organs.

The driving license and number plate of electric bicycle shall be uniformly supervised by the traffic administrative department of the public security organ. Electric bicycle driving license is managed electronically.

It is forbidden to forge, alter or buy or sell the driving license and number plate of electric bicycles.

It is forbidden to drive an electric bicycle without a driving license or number plate, or to forge, alter or fraudulently use a driving license or number plate to drive an electric bicycle on the road.

Article 11 The owner of an electric bicycle shall apply to the traffic management department of the county (city, district) public security organ within/0/5 days from the date of purchasing the electric bicycle, and submit the identity certificate, car purchase invoice or other legal source certificate, and vehicle factory certificate. Electric bicycle drivers can temporarily drive on the road within 15 days from the date of car purchase with valid car purchase invoices or other legal documents.

The traffic administrative department of the public security organ shall inspect the vehicles and related materials for the electric bicycles that apply for registration. In line with national standards, the application materials are complete and effective, and the traffic administrative department of the public security organ shall register and issue the electric bicycle driving license and license plate on the spot free of charge; Do not meet the requirements, shall not be registered, and inform the applicant in writing.

When registering, the traffic management department of the public security organ educates drivers on road traffic, fire safety laws and regulations and safety common sense by distributing publicity materials on safe driving and playing publicity videos.

Twelfth people's governments at or above the county level and their relevant departments shall, in accordance with the relevant provisions and standards of the state and the province, incorporate the construction of non-motor vehicle roads such as electric bicycles into the special urban comprehensive transportation plan.

Newly built or rebuilt urban roads and other qualified urban roads shall be divided into motor vehicle lanes (including harbor bus parking lanes) and non-motor vehicle lanes. Urban trunk roads (more than four lanes in both directions) and other qualified urban roads, motor vehicle lanes and non-motor vehicle lanes shall be provided with isolation facilities or isolation warning signs.

Conditional rural roads should set up non-motor vehicle lanes on the outside of subgrade.

Road management departments should strengthen the inspection and maintenance of non-motor vehicle lanes to ensure that non-motor vehicle lanes are unimpeded.

Thirteenth motor vehicle parking spaces (including time-limited parking spaces) are zoned on non-motor vehicle lanes. Except for temporary motor vehicle parking spaces, the width of other non-motor vehicle lanes shall not be less than 1.5 meters.

On roads with frequent traffic of large vehicles, right turn guide lines and danger warning zones should be set at the right turn position of motor vehicles to prevent large vehicles from scraping and rolling with electric bicycles when turning right.

Road sections and intersections with frequent traffic accidents on rural roads shall be provided with marking lines, signs and facilities such as deceleration marks, right turn guide lines, yield signs, deceleration signs and flashing lights.

Fourteenth people's governments at or above the county level and their relevant departments shall incorporate the setting of electric bicycle parking areas into the relevant urban road construction planning and the construction planning of residential quarters and units.

Subway stations, stations, hospitals, shopping malls, farmers' markets, cultural and sports venues, parks and other public transport facilities, public buildings and public places should be planned and constructed in accordance with national and provincial standards, and the management unit should implement special management.

Built residential quarters and units that have not built centralized parking places for electric bicycles shall delimit relatively centralized parking areas for electric bicycles. If there is no centralized parking place for electric bicycles around the completed urban roads, a relatively centralized parking area for electric bicycles should be delineated around the roads as needed.

The electric bicycle parking area shall be used according to the planned purpose, and shall not be stopped or changed without authorization.

Fifteenth residential quarters and units should set up time-limited charging facilities in electric bicycle parking places and areas that meet the national standards.

The battery of electric bicycle should avoid charging in indoor places where there is no centralized charging. The owner or driver of an electric bicycle should regularly overhaul the electric circuit of the battery to prevent fire accidents caused by aging and short circuit of the electric circuit.

It is forbidden to park electric bicycles in areas that affect the smooth flow of fire exits, such as building evacuation passages, safety exits and stairwells.

Sixteenth districts of the city and county (city, district) people's government shall organize transportation, urban and rural housing construction, traffic management of public security organs and other departments. According to the local road traffic, public travel and other factors, formulate the Internet electric bicycle launch policy, clarify the scope, quantity and related management requirements of the license launch, and announce it to the public.

Internet electric bicycle rental enterprises shall perform their main responsibilities, equip necessary management personnel, set up electronic fences as required, equip the vehicle with safety helmets, strengthen the management of vehicle inspection, maintenance and parking order, and access information such as vehicle delivery and rental to the Internet electric bicycle industry supervision service platform in accordance with regulations.

Article 17 Driving an electric bicycle shall abide by the Road Traffic Safety Law of the People's Republic of China, the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China and the Measures of Zhejiang Province for the Implementation of the Road Traffic Safety Law of the People's Republic of China.

Drivers and carriers of electric bicycles should wear safety helmets.

If an electric bicycle is equipped with minors under the age of six, a child seat should be used in the back seat.

People who lack driving ability due to old age or health reasons should avoid driving electric bicycles on the road.

Eighteenth it is forbidden to carry out the following modification, assembly and installation of electric bicycles:

(1) Dismantling or changing the speed limit device of electric bicycle, resulting in the maximum speed exceeding the mandatory national standard;

(two) replacement of motor, battery and other components that affect the safety performance of the vehicle;

(3) Assembling electric bicycles or installing power devices on non-motor vehicles without power devices;

(four) the installation of seats, hoods, carriages, brackets and other devices that change the appearance structure and affect traffic safety.

It is forbidden to drive an electric bicycle on the road under any of the circumstances listed in the preceding paragraph.

Nineteenth non-standard electric bicycles that have been on the record for seven years are not allowed to drive on the road. Non-standard electric bicycles with a service life of less than seven years will not be allowed to drive on the road from 1 and from 2023; The Standing Committee of the Municipal People's Congress or the people's government with districts may stipulate that non-standard electric bicycles for record shall not be driven on the road earlier than this time limit.

The people's governments at or above the county level may encourage the filing of non-standard electric bicycles to be eliminated in advance through subsidies and other means. Encourage producers and sellers of electric bicycles to recycle and record non-standard electric bicycles through trade-in and repurchase at a discount.

Article 20 If a non-standard electric bicycle with a driving record has a road traffic accident with a pedestrian or a non-motor vehicle driver, the accident liability of the parties concerned shall be determined according to the role played by their actions in the road traffic accident and the severity of their faults, and the compensation liability of the non-standard electric bicycle driver with a driving record may be appropriately increased according to the situation.

If a road traffic accident happens to a vehicle that is not allowed to drive on the road, such as an electric bicycle, it can be determined whether the electric bicycle belongs to a motor vehicle or a non-motor vehicle according to the accident situation and the requirements of the parties, and then the responsibility for the accident can be determined and handled according to the vehicle attributes.

Twenty-first market supervision and management, traffic management of public security organs, transportation, comprehensive administrative law enforcement, fire rescue and other departments. We should establish and improve the mechanism of law enforcement cooperation and information sharing, timely inform the illegal information of electric bicycle production and sales, realize information sharing and whole-process supervision, and incorporate the illegal information of electric bicycle producers, sellers and Internet electric bicycle rental enterprises into the public credit information service platform according to law, and make it public.

Twenty-second acts in violation of the provisions of this Ordinance, laws and administrative regulations have legal liability provisions, from its provisions.

Article 23 Whoever, in violation of the provisions of the fourth paragraph of Article 10 of these regulations, forges, alters or buys or sells the driving license and license plate of electric bicycles shall be fined between 2,000 yuan and 20,000 yuan by the traffic administrative department of the public security organ, and the forged, altered or bought and sold driving license and license plate of electric bicycles shall be confiscated.

In violation of the provisions of the fifth paragraph of Article 10 of these regulations, driving an electric bicycle on the road without a driving license or license plate, the traffic administrative department of the public security organ shall impose a fine on the driver in 50 yuan and detain the vehicle; Driving an electric bicycle with forged, altered or fraudulent license plate on the road, the traffic administrative department of the public security organ shall impose a fine of more than 200 yuan and less than 500 yuan on the driver, detain the vehicle, and confiscate the forged, altered or fraudulent license plate. If the parties provide corresponding legal certificates and there is no modification, assembly or installation of the electric bicycle, the detained vehicle shall be returned in time.

Article 24 If an Internet electric bicycle rental enterprise violates the provisions of the second paragraph of Article 16 of these regulations and fails to provide a safety helmet, the traffic administrative department of the public security organ shall order it to make corrections, give it a warning and may impose a fine of more than 2,000 yuan and less than 20,000 yuan.

Article 25 If a driver or passenger fails to wear a safety helmet or a minor under the age of six fails to use a child seat in violation of the provisions of the second and third paragraphs of Article 17 of these regulations, the traffic administrative department of the public security organ shall impose a warning or a fine of not less than 20 yuan but not more than 50 yuan.

Article 26 In violation of the provisions of Item 1 of Paragraph 1 of Article 18 of these regulations, the sellers and maintainers of electric bicycles dismantle or change the registered speed limit devices of electric bicycles, resulting in the maximum speed of electric bicycles exceeding the national mandatory standards, the traffic control department of the public security organ shall order them to make corrections, confiscate their illegal income and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.

In violation of the provisions of Item 2 to Item 4 of Paragraph 1 of Article 18 of this Ordinance, if a seller or repairer of electric bicycles refits, assembles or installs a registered electric bicycle, the traffic administrative department of the public security organ shall order it to make corrections, confiscate its illegal income and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.

In violation of the provisions of the second paragraph of Article 18 of these regulations, driving a modified, assembled or installed electric bicycle on the road, the traffic administrative department of the public security organ shall confiscate the assembled vehicle, order it to restore the speed limit device, and dismantle the installed or modified device; Driving an electric bicycle that removes or changes the speed limit device to make the maximum speed exceed the mandatory national standard, a fine of more than 300 yuan and less than 500 yuan shall be imposed; Driving other modified, assembled and installed electric bicycles shall be fined between fifty yuan and three hundred yuan. If the driver refuses to restore the speed limit device or dismantle the installation or modification device, the traffic management department of the public security organ may detain the vehicle first and return the vehicle in time after restoring the speed limit device or dismantling the installation or modification device. The cost of restoring the speed limit device shall be borne by the offender, and the added or modified device shall be confiscated.

Twenty-seventh in violation of the provisions of the nineteenth paragraph of this Ordinance, driving a non-standard electric bicycle on the road, the traffic management department of the public security organ shall order it to make corrections, and impose a fine from 300 yuan to 500 yuan; Refuses to correct, the traffic administrative department of the public security organ shall confiscate the non-standard electric bicycle for the record.

Article 28 If the traffic administrative department of the public security organ detains a vehicle according to law, it shall inform the parties concerned to accept the handling within the prescribed time limit. If the party concerned fails to accept the treatment within the time limit and fails to accept the treatment within three months after the announcement, the traffic administrative department of the public security organ shall send the vehicle to a qualified auction institution for auction according to law, and the proceeds shall be turned over to the state treasury.

The traffic administrative department of the public security organ shall, in accordance with the provisions, send the electric bicycles that have not been auctioned, the assembled electric bicycles that have been collected and the non-standard electric bicycles that have been confiscated for the record to a qualified recycling institution for dismantling and disintegration.

Article 29 These Regulations shall come into force as of July 6, 2020.