Guangzhou parking lot related policies and management regulations

Announcement of Guangzhou Municipal Transportation Commission on Public Solicitation of Opinions on the Draft of Guangzhou Parking Regulations

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Guangzhou Parking Regulations (hereinafter referred to as the Regulations) is a local legislative plan of Guangzhou Municipal People's Congress Standing Committee in 2007. In order to make this legislation more in line with the reality of our city, effectively solve the problems existing in the parking lot industry in our city, expand the degree of public participation in the legislative process, and improve the quality of legislation, the Guangzhou Municipal Transportation Commission is now openly soliciting legislative suggestions and opinions on the bill. I hope that the general public will actively participate and make suggestions for the management legislation of the parking lot industry in our city. The relevant matters are hereby announced as follows:

First, the necessity of legislation.

Since 2000, the average number of civilian vehicles in our city has increased by 90,000, with an average annual growth rate of 16.9%, from 362,700 in 2000 to about 654,380+0,000 at present. Because the growth of vehicles is much higher than that of parking spaces, the problem of parking difficulties caused by the contradiction between supply and demand of parking spaces is becoming increasingly prominent. It is difficult to park at night in some areas of our city, such as residential quarters, administration, commerce, hospitals and other public places, and comprehensive transportation transfer hubs. In view of the problems existing in the management of parking lot industry in our city, it is necessary to standardize and solve them through legislation:

(A) the need to coordinate the relationship between urban development and parking planning, from the source to solve the problem of parking difficulties.

(2) To clarify the measures to promote the development of the parking lot industry and solve the problem of insufficient investment in parking lot construction.

(three) standardize the planning, construction and management of parking lots, and solve the traffic, safety and environmental problems caused by vehicle parking.

(D) The parking permit system needs to be further improved.

(five) clear the means of administrative punishment for illegal acts, to ensure the effective supervision of the parking lot.

Second, the legislative basis

The draft is mainly based on the Administrative Licensing Law of People's Republic of China (PRC), the Administrative Punishment Law of the People's Republic of China, the Traffic Safety Law of the People's Republic of China and the Urban Planning Law of People's Republic of China (PRC), referring to the Interim Provisions of the Ministry of Public Security and the Ministry of Construction on the Management of Parking Lot Construction, and combining with the actual situation of the parking lot industry in our city,

Three. Main contents of the draft

The draft is divided into five chapters: general provisions, planning and construction, operation and management, legal responsibilities and supplementary provisions. The main contents are:

(1) About the scope of application.

In order to change the current situation of overlapping, lack of integrity, systematicness and unity of parking lot management regulations, the Guangzhou Parking Lot Regulations are positioned as the general provisions of parking lot management in our city. The draft starts with comprehensively regulating the management of parking lots in this city, and clarifies that the planning, construction, setting, operation and management of parking lots in this city are all included in the scope of adjustment.

(2) About the management system.

According to the management idea of unified management and division of labor and cooperation, the draft clearly stipulates the responsibilities of each management department:

First, it is clear that the municipal traffic administrative department is the administrative department in charge of all kinds of parking lots and road automatic toll parking facilities in this city, focusing on industry management and related centralized coordination;

The second is to clarify that the planning, construction and public security traffic management departments of this Municipality are responsible for the management of parking lots according to their respective responsibilities. The planning department is responsible for the preparation of parking lot professional planning, the formulation of parking space allocation standards, and the planning permission of parking lot construction projects. The construction department is responsible for the examination and supervision of parking lot construction projects. The public security traffic management department is responsible for the supervision and management of the entrance and exit of the parking lot, the traffic signs and markings of the parking lot and the safety order of vehicle driving.

Third, it is clear that the traffic administrative departments at all levels can entrust their road transport management agencies to exercise the supervision and management rights and administrative punishment rights of parking lots.

(3) Planning, construction and management of parking lot.

The key to solving the contradiction of "difficult parking" lies in the source. The planning and construction management of parking lot is extremely important, and it must be strengthened. The draft makes specific provisions on this:

First, it is clear that the urban planning department shall, according to the overall urban planning, urban road traffic special planning and vehicle parking demand, work out or adjust the parking lot special planning in conjunction with the municipal traffic, public security traffic management and other departments.

The second is to strengthen the status and role of parking lot allocation standards, requiring that new, rebuilt and expanded buildings should be equipped with parking lots according to standards. The parking lot with buildings shall be designed, constructed and used simultaneously with the main building; Do not change the use function of the parking lot without authorization. If the building changes its use function, the completed parking lot shall not be used for other purposes; If the parking lot is not up to the standard of parking space after changing the use function, the use function of the building shall not be changed.

The third is to strictly manage the parking lot construction, stipulating that the construction department should incorporate the parking lot construction into the annual urban construction plan according to the special parking lot planning. The design scheme of the parking lot shall solicit the opinions of the municipal traffic administrative department, and only after being reviewed by the urban planning administrative department can the construction procedures be completed, so as to eliminate the buildings that do not meet the parking lot configuration and construction standards from the source.

Fourth, the specific requirements and procedures for the planning, setting and adjustment of road parking spaces have been clarified, effectively alleviating the problem of parking difficulties.

(4) Business license of the parking lot.

Due to the different characteristics of various parking lots in investment, construction and operation, different licensing methods are adopted for their operation and management. Off-street parking lots are managed according to the principle of who invests and who benefits. As long as it meets the prescribed conditions and is approved by the traffic administrative department according to law, it can operate; Non-motor vehicle parking lots and non-operating parking lots can only be opened after filing with the traffic administrative department where the parking lot is located; Roadside parking lots occupy roads. Because road resources belong to national resources, its management should be different from off-street parking lots. The draft follows the system of "Trial Measures for the Use and Management of Automatic Toll Parking Facilities on Urban Roads in Guangzhou", and it is clear that the traffic administrative department will adopt the bidding method to implement the license and sign the contract.

(6) Parking lot management in residential quarters.

In order to solve the problem of parking difficulties in residential quarters and protect the legitimate rights and interests of owners, the draft stipulates that the parking spaces owned by owners within the building division according to the property law and other laws and regulations, including outdoor temporary parking lots and civil air defense engineering parking lots, shall be decided by the owners, and no unit or individual may sell or rent them. All parking spaces and garages owned by the construction unit shall be sold or leased to the owners first; If no owner is willing to buy or rent after full publicity in the building division, it can be sold or rented to units or individuals other than the owner. If the parking space in the building division is difficult to meet the parking demand of the owner, the parking management unit shall take measures to improve the utilization rate of the existing parking space in combination with the actual situation. In addition, it is also stipulated that parking management units should obtain the consent of the owners and meet the national traffic safety standards if they use the roads and other venues owned by the owners in the building division to plan parking spaces, and must not occupy fire exits and hinder the passage of pedestrians and other vehicles.

(seven) on the parking service specification.

In view of the problems of some parking lots, such as poor facilities, irregular service behavior, unlicensed operation and unreasonable charges, the draft makes specific provisions on the parking service norms that operators should abide by. In addition, the code of conduct for parking people to maintain good parking order is also required.

(8) About legal liability.

According to the Administrative Punishment Law and other laws and regulations, the draft provides administrative punishment measures for acts such as not allocating parking spaces according to standards, changing the use function of parking lots without authorization, operating parking lots without a license, and violating service standards, so as to ensure the effective implementation of parking lot management by administrative organs.

Four. Time and method of submitting proposals

If citizens have suggestions and opinions on the draft regulations, please report or submit them to the Guangzhou Municipal Commission of Communications from June 5438+ 10/2 to June 5438+ 10/0, 2007. These methods are:

1. Log on to the website of Guangzhou Municipal Transportation Commission () and submit it online;

2. Mail it to the Policy and Regulation Department of Guangzhou Municipal Transportation Commission, 5th floor,No. Lu Qian 1 Guangzhou Municipal Government (postal code: 5 10030).

3. Telephone reply (Tel: 83 125855, 83 125853)

Please leave your name and contact information for further contact.

Attachment: Guangzhou Parking Bill

Guangzhou Municipal Communications Commission

Press release issued on 12 October 2007

Attachment: Guangzhou Parking Regulations (Draft)

Chapter I General Provisions

Article 1 In order to standardize the planning, construction, operation and management of parking lots, maintain the parking order of vehicles, and ensure the safe and smooth urban traffic, these Regulations are formulated in accordance with the provisions of relevant national laws and regulations and combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to the planning, construction, operation and management of parking lots within the administrative area of this Municipality.

Article 3 The municipal traffic administrative department shall be responsible for the industry management and comprehensive coordination of all kinds of parking lots and road automatic toll parking facilities; The traffic administrative department of the district or county-level city shall be responsible for the management of parking lots within its jurisdiction in accordance with the duties stipulated in these regulations; The traffic administrative departments at all levels may entrust their road transport management institutions to exercise the supervision and management rights and administrative punishment rights of parking lots.

The competent department of city planning administration is responsible for the planning and management of parking lots.

The municipal construction administrative department is responsible for the construction and management of the parking lot.

The municipal public security traffic management department is responsible for the supervision and management of the entrance and exit setting of the parking lot, the traffic signs and markings in the field, and the safety order of vehicle driving.

Price, municipal, environmental protection, industry and commerce, taxation and other administrative departments shall, according to their respective responsibilities, supervise and manage the parking lot according to law.

Article 4 The municipal parking lot industry association shall play the role of industry self-discipline according to law, and may be entrusted by the municipal traffic administrative department to assist in the implementation of parking lot management.

Fifth units and individuals are encouraged to invest in the construction and operation of parking lots. Encourage and promote the application of intelligent, information and other means to manage parking lots. Relevant preferential policies shall be formulated separately by the Municipal People's Government.

Chapter II Planning and Construction

Article 6 The municipal urban planning administrative department shall, in accordance with the overall urban planning, special urban road traffic planning and motor vehicle parking demand, work out or adjust the special parking lot planning jointly with the municipal traffic, public security and traffic management departments, and organize the implementation after the approval of the Municipal People's Government.

Seventh municipal construction administrative departments shall, according to the special planning of parking lots, incorporate the parking lot construction into the annual plan of urban construction.

Article 8 The municipal urban planning administrative department shall, according to the relevant national standards and the actual urban development, organize the compilation of building parking standards, solicit the opinions of municipal construction, transportation, public security and traffic management departments and relevant units, and report them to the Municipal People's Government for approval before implementation.

Ninth new construction, renovation and expansion of buildings should be equipped with parking lots according to standards, and designed, constructed and used at the same time as the main building.

Without legal procedures, no unit or individual may change the use function of the parking lot without authorization.

If the building changes its use function, the completed parking lot shall not be used for other purposes; If the parking lot is not up to the standard of parking space after changing the use function, the use function of the building shall not be changed.

Article 10 The design scheme of the parking lot shall solicit the opinions of the municipal traffic administrative department, and can only be constructed after being reviewed by the municipal planning administrative department. Without the consent of the competent department of city planning administration and the opinions of the municipal transportation department, the construction unit and the construction unit shall not change the parking lot design scheme without authorization.

Eleventh to encourage enterprises and institutions to use the land to be built, according to the provisions of the bid for temporary parking lot.

Twelfth municipal traffic administrative departments shall, jointly with municipal construction, urban planning, municipal management, public security traffic management, urban management and other departments, according to the overall urban planning and urban road traffic professional planning, the preparation of road parking schemes.

The compilation of road parking scheme shall follow the following principles:

(a) does not affect road traffic safety and smooth fire control;

(2) The lack of motor vehicle parking spaces in this area;

(3) Convenient parking for citizens;

(four) according to the parking demand, set up appropriate free temporary parking spaces in non-busy sections.

The draft scheme of road parking spaces shall be announced to the public for public comments. The announcement period shall not be less than thirty days.

Thirteenth the following areas shall not set up road parking spaces:

(1) occupying a fire escape;

(2) Failing to prevent vehicles from crushing underground facilities such as gas pipelines and optical cable lines;

(3) A public parking lot (non-supporting) that can provide sufficient parking spaces has been built within a parking service radius of 300 meters;

(four) within fifty meters of road intersections, school entrances and public transport stations;

(five) urban primary and secondary roads, urban micro-circulation roads with large traffic flow;

(six) other sections that are not suitable for setting.

Article 14 The municipal traffic administrative department shall, before the road parking berth is put into use or changed, make an announcement on its location, parking type, charging time, charging method and rate, and set up obvious signs on the road sections.

Fifteenth municipal traffic administrative departments shall, jointly with relevant departments, evaluate the road sections with road parking spaces at least once a year, and reduce or increase road parking spaces according to the road traffic conditions and the addition of surrounding parking lots.

Road parking spaces that seriously affect the normal exercise of motor vehicles should be adjusted or cancelled in time.

Sixteenth road automatic toll parking facilities construction planning scheme should be included in the road parking berth scheme, and the municipal traffic administrative department is responsible for organizing the preparation.

Due to the needs of urban construction and traffic management, the artificial toll parking stations that have been set up on the roads should be gradually revoked according to the planning and construction of road automatic toll parking facilities.

Seventeenth because of emergency traffic or emergencies need to temporarily close the automatic parking facilities, the municipal public security traffic management department can take temporary measures.

Due to the approval of the municipal government for urban infrastructure construction or large-scale group activities, it is necessary to stop using, canceling or transferring automatic toll parking facilities. The relevant departments shall notify the business units in advance and notify the municipal traffic administrative department in writing.

Article 18 The use of parking spaces belonging to the owner within the building division, including outdoor temporary parking lots in residential areas and parking lots for civil air defense projects, shall be decided by the owner, and no unit or individual may sell or rent them. All parking spaces and garages owned by the construction unit shall be sold or leased to the owners first; If no owner is willing to buy or rent after full publicity in the building division, it can be sold or rented to units or individuals other than the owner.

Nineteenth parking spaces in the building division can not meet the parking needs of owners, parking management units should take measures to improve the utilization rate of existing parking spaces in light of the actual situation.

Parking management units shall obtain the consent of the owners and meet the national traffic safety standards when using roads and other venues owned by the owners within the building division, and shall not occupy fire exits and obstruct pedestrians and other vehicles.

Chapter III Operation and Management

Article 20 Whoever applies for operating a motor vehicle parking lot shall apply to the traffic administrative department of the district or county-level city where the parking lot is located, and the traffic administrative department of the district or county-level city shall put forward the preliminary examination opinions within 10 days from the date of accepting the application, and report to the municipal traffic administrative department for examination and approval. The municipal traffic administrative department shall, within ten days from the date of receiving the materials submitted by the traffic administrative department of the district or county-level city, make a decision on approval or disapproval, and issue the Guangzhou Parking Lot Business License to those who meet the requirements.

The operators of road automatic toll parking facilities shall be determined by the municipal traffic administrative department through bidding. The successful business unit shall sign a contract with the municipal traffic administrative department and obtain the parking lot business license in Guangzhou.

Whoever operates a non-motor vehicle parking lot or establishes or cancels a non-operating parking lot shall go to the traffic administrative department of the district or county-level city where the parking lot is located for the record.

Article 21 To apply for operating a motor vehicle parking lot, the following materials shall be provided:

(a) valid proof of the right to use the land and house;

(two) the valid land or site lease contract and the certification materials of entrusted operation;

(three) the parking lot construction planning approval document or the project completion acceptance certificate.

(4) A list of facilities such as lighting, drainage, ventilation, fire control, traffic safety, theft prevention, evacuation, etc. that meet the requirements and planning of the parking lot;

(5) Qualification certificate of Guangzhou Parking Industry Association;

(six) the corresponding parking lot management system and professional management personnel list and qualification certificate;

(seven) other materials as prescribed by laws and regulations.

Twenty-second parking lot operators need to merge, split, move, change the name, change the business scope or suspend business, they should go through the relevant formalities with the original examination and approval department.

Twenty-third parking lot operators shall perform the following duties:

(a) express unified parking lot signs, service items, charging standards, supervision telephone numbers, parking lot management responsibilities and management systems in a prominent position at the entrance and exit of the parking lot;

(two) in accordance with the provisions of the configuration and maintenance of fees, lighting, drainage, ventilation, fire protection, traffic safety, security, evacuation and other parking facilities;

(3) directing vehicles to enter, exit and park, and maintaining parking order.

(four) according to the approved or agreed standards, using a unified tax invoice;

(five) to do a good job in fire prevention, waterproof, anti-theft and other safety precautions in the parking lot;

(six) to assist the public security traffic management department to ease the traffic at the entrance and exit of the parking lot.

Twenty-fourth parking lot operators shall have the following acts:

(1) Seizing the certificate or property of the parking person;

(2) changing the use function of the parking lot without authorization, or allowing others to use the parking lot to engage in business activities such as passenger transport, freight transport, handling, transportation services and motor vehicle maintenance without approval;

(3) Altering, transferring, forging or using the altered, transferred or forged parking lot business license and bill;

(four) refusing to provide vehicle parking and storage services without justifiable reasons.

Twenty-fifth car park operators do not pay invoices without justifiable reasons, the car park owner has the right to refuse to pay the service fee for parking and storage.

Twenty-sixth motor vehicle drivers should abide by the following provisions when parking their vehicles in the parking lot:

(a) to accept the command and dispatch of the parking lot staff and park the vehicles in an orderly manner according to the traffic signs and markings in the parking lot;

(2) Vehicles loaded with inflammable, explosive, toxic and harmful dangerous goods or other prohibited items shall not be parked.

(3) Turn off the vehicle engine after parking;

(four) care and correct use of charging equipment;

(five) in accordance with the provisions of the payment of vehicle parking and storage service fees;

(six) in the road parking spaces, parking in the parking spaces designated by the road direction, and pay parking fees according to the actual number of parking spaces occupied by parking.

Twenty-seventh motor vehicles loaded with dangerous goods shall be parked in the parking lot designated by the municipal public security traffic management department, and shall not enter other parking lots.

If a motor vehicle loaded with dangerous goods enters a non-dedicated parking lot, the parking lot operator shall order it to leave immediately; Refused to leave, timely report to the municipal public security traffic management department.

Twenty-eighth parking operators to collect road automatic toll parking facilities use fees do not include vehicle storage fees.

Those who use road automatic toll parking facilities should take good care of their own vehicles and property. During the parking period, if the vehicle or property is lost, the parking lot operator shall not be liable for compensation.

Twenty-ninth transportation and price administrative departments shall, in accordance with their duties, establish a parking lot complaint acceptance and handling system, and reply the handling opinions to the complainant within 20 days from the date of accepting the complaint. Do not belong to the scope of authority of the department, it shall be handed over to the relevant departments in a timely manner.

Chapter IV Legal Liability

Thirtieth in violation of the provisions of article ninth of these regulations, failing to build a parking lot according to the standard, or changing the use of the parking lot without authorization, the competent department of city planning administration shall order it to make corrections within a time limit; If it is not corrected within the time limit or cannot be corrected, a fine of not less than 5,000 yuan but not more than 10,000 yuan shall be imposed for each parking space.

Thirty-first, in violation of the provisions of the first paragraph or the second paragraph of Article 20 of these regulations, without obtaining the business license of Guangzhou parking lot, the municipal traffic administrative department shall order it to stop its business and confiscate its illegal income; If no correction is made within the time limit, a fine of not less than ten thousand yuan but not more than fifty thousand yuan shall be imposed.

Thirty-second in violation of the provisions of the twentieth paragraph of this Ordinance, the operating non-motor vehicle parking lot or the establishment or cancellation of non-operating parking lot has not been filed, and the traffic administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of more than 1,000 yuan and less than 5,000 yuan shall be imposed.

Thirty-third in any of the following circumstances, the municipal traffic administrative department shall order it to make corrections, and impose a fine of not less than one thousand yuan but not more than ten thousand yuan depending on the seriousness of the case; If the circumstances are serious, the Guangzhou Parking Lot Business License shall be revoked:

(a) parking operators in violation of the provisions of article twenty-third, article twenty-fourth;

(two) in violation of the provisions of the second paragraph of article twenty-seventh, the non-special parking lot is not allowed to load dangerous chemicals into the parking lot.

Article 34 If a motor vehicle loaded with dangerous goods enters a non-designated parking lot in violation of the first paragraph of Article 27 of these regulations, the municipal public security traffic management department will drag the vehicle away from the parking place, and the expenses incurred shall be borne by the driver, and a fine of not less than 500 yuan but not more than 1,000 yuan shall be imposed.

Article 35 If any functionary of an administrative organ neglects his duty, abuses his power or engages in malpractices for selfish ends, the appointment and removal organ or the supervisory organ shall, according to the management authority, give administrative sanctions to the person directly responsible and the principal responsible person; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Article 36 The meanings of relevant terms in these Regulations are:

(1) Parking lots refer to outdoor or indoor parking lots for all kinds of motor vehicles and non-motor vehicles.

(2) The special parking lot refers to the vehicle parking place and special parking space of the unit, the residential area and the business place.

(3) Automatic toll parking facilities refer to automatic toll collection equipment and parking spaces set up on urban roads.

Article 37 These Regulations shall come into force as of the date of promulgation.