text and pictures/Yangcheng Evening News All-Media Reporter Xue Jianghua
Correspondent Sushi Xuan
October fine! When going on the road with electric bicycles, you should pay attention to five things! Recently, the Administrative Reconsideration Office of the Guangzhou Municipal People's Government (hereinafter referred to as the "City Government Reconsideration Office") found in the trial of administrative reconsideration cases that administrative disputes caused by traffic violations of electric bicycles are showing a significant increase. Taking July and August this year as an example, administrative reconsideration cases involving electric bicycles accounted for 43% of the newly collected administrative reconsideration cases of public security and transportation during the same period. The main reason for this type of administrative dispute is that electric bicycle drivers are not familiar with relevant road traffic safety laws and regulations. When most people face investigation and punishment by traffic management departments of public security organs, they have not realized that their behavior has violated road traffic safety laws and regulations.
In response to the above issues, the Municipal Government’s Reconsideration Office has sorted out five common illegal road traffic safety behaviors involving electric bicycles, as well as corresponding legal responsibilities, in order to remind and guide the majority of electric bicycle drivers to consciously abide by traffic rules.
01 Reverse driving
Most electric bicycle drivers’ complaint in administrative reconsideration application is that they are unaware of the traffic violation that the electric bicycle is driving in the reverse direction.
According to Article 119 of the " Road Traffic Safety Law of the People's Republic of China", electric bicycles that meet the relevant national standards are non-motor vehicles and should be implemented in Article 35 of the "Road Traffic Safety Law of the People's Republic of China" "motor vehicles and non-motor vehicles shall be passed on the right side". Do not think that only motor vehicles travel in the opposite direction constitute illegal road traffic safety. Non-motor vehicles travel in the opposite direction also violate road traffic safety laws and regulations and will face an administrative penalty of warnings or a fine of 50 yuan. It is necessary to travel longer if you are unaware of relevant traffic laws and regulations or do not travel in the opposite direction, and it cannot be a reason for the illegal act.
02 Not passing according to traffic signal regulations
For this type of road traffic safety violation, many drivers have questions about the setting of traffic lights to restrict motor vehicles. Non-motor vehicles do not need to pass according to traffic lights. There are also drivers who believe that there are no non-motor vehicle traffic lights at the intersection but only motor vehicle traffic lights, so it does not constitute an illegal act of non-motor vehicles not passing according to traffic signal regulations.
According to Article 38 of the Road Traffic Safety Law of the People's Republic of China, vehicles and pedestrians shall pass according to traffic signals. Article 38 of the " Regulations on the Implementation of the Road Traffic Safety Law of the People's Republic of China" stipulates that at intersections where non-motor vehicle signal lights and pedestrian crossing lights are not set up, non-motor vehicles and pedestrians shall pass according to the indication of motor vehicle signal lights. According to the above provisions, electric bicycle drivers must pass through non-motor vehicle traffic lights at intersections where non-motor vehicle signal lights are set. If non-motor vehicle signal lights are set, they must pass through according to motor vehicle signal lights. Therefore, electric bicycle drivers should be reminded to observe whether non-motor vehicle traffic lights and motor vehicle traffic lights are provided when passing through an intersection. When the signal light is red, they must stop passing, otherwise they will face a warning or an administrative penalty of 20 yuan.
03 Not driving in non-motorized vehicle lanes
Traffic management department sets up motor vehicle lanes, non-motorized vehicle lanes, and sidewalks on the roads, with the purpose of allowing motor vehicles, non-motorized vehicles and pedestrians to go their own way, thereby ensuring traffic efficiency and maintaining traffic safety. Article 57 of the Road Traffic Safety Law of the People's Republic of China stipulates that non-motor vehicles shall drive in non-motor vehicle lanes. At present, special non-motorized vehicle lanes are marked on many roads in Guangzhou. Electric bicycle drivers should pay attention to the traffic signs on the road to see if there are any reminder signs for non-motorized vehicle lanes. If driving an electric bicycle in the motor lane or sidewalk on a road with non-motorized vehicle lane, you will face a warning or a fine of 50 yuan.
Regarding this issue, many drivers investigated and punished raised questions: There are no non-motor vehicle lanes on the road where they are driving electric bicycles, so why are they still punished by the traffic police? That's because there is also a road traffic safety violation that "on roads without non-motor vehicle lanes, non-motor vehicles do not drive on the right side of the roadway." According to Article 57 of the Road Traffic Safety Law of the People's Republic of China, non-motor vehicles shall drive on the right side of the road without non-motor vehicle lanes. Therefore, if an electric bicycle driver fails to drive on the right side of the road in accordance with the above regulations, it is also an illegal act and will face a warning or an administrative penalty of 20 yuan.
04 Violating regulations to carry people
This may be a problem that many electric bicycle drivers, especially parents and friends, are more concerned about. According to Article 37 of the " Guangdong Province Road Traffic Safety Regulations ", bicycles and electric bicycles are not allowed to carry people on urban roads, but if fixed safety seats are installed, a child under 1.2 meters tall can be attached. No more than one person can be carried on other roads.
In other words, on the roads in the urban area of Guangzhou, people cannot be carried in general, but if the electric bicycle is equipped with a fixed safety seat, it can be equipped with a child under one meter or two in height. On other roads, one person is allowed to be carried. If an electric bicycle driver carries a person in violation of the above regulations, he will be subject to a warning or a fine of 50 yuan.
In practice, for the above four types of road traffic safety violations, the traffic management department of the public security organs will usually make corresponding penalty decisions based on the existing administrative penalty discretion benchmark.
05 Driving illegally installed, modified, and other electric bicycles that do not meet national standards are more common in reality, such as installing parasols, trunks, modifying motors, wheel hubs, brakes, etc.
According to Article 9 of the "Guangzhou Non-Motor Vehicle and Motorcycle Management Regulations", it is prohibited to assemble, illegally install and modify, as well as other disabled motor wheelchairs, electric bicycles and motorcycles that do not meet national standards to drive on the road. If the driver of the electric bicycle drives illegally installed, modified or otherwise driving on the road in violation of regulations, the traffic management department of the public security organs will take administrative compulsory measures for detaining the vehicle, dismantle the illegal devices, and impose a fine of 50 yuan on the driver. Here, we advise electric bicycle drivers not to take the chance and illegally install and modify the electric bicycle after the vehicle is registered.
Starting from October this year, if an electric bicycle driver fails to register in accordance with the law and drives on the road, the traffic management department of the public security organs will investigate and deal with it in accordance with the law.
Guangzhou City will implement registration and management of electric bicycles from November 2, 2021. At this stage, the traffic management department of the public security organs will give electric bicycle drivers sufficient time to register, and will not impose penalties on electric bicycles that have not been registered on the road.
It is understood that starting from October this year, if an electric bicycle driver fails to register in accordance with the law and drives on the road, the traffic management department of the public security organs will investigate and deal with it in accordance with the law. Here we also want to remind the general public that when purchasing electric bicycles, we must check the parameters of the vehicle to ensure that they comply with the requirements of the new national standard ( electric bicycle safety technical specification (GB17761-2018)). If they do not comply with the new national standard, the vehicle may not be registered or put on the road. In the worst case, the vehicle may be identified as a motor vehicle, and then bear corresponding legal responsibilities as the motor vehicle driver when violating road traffic safety laws and regulations. (For more news, please follow Yangchengpai pai.ycwb.com)
source | Yangcheng Evening News·Yangchengpai
editor | Wang Nan
proofreading | Pan Liling
proofreading | Pan Liling
