Recently,
Jingzhou Municipal People's Congress Standing Committee
announced
" Jingzhou City Electric Bicycle Management Regulations
(Draft Third Draft)"
where
production and sales of electric bicycles
Registration and passage, parking and charging
has made clear provisions
and publicly solicited opinions from the public
The specific content is as follows
On June 28, 2022, the third meeting of the Standing Committee of the Sixth Municipal People's Congress reviewed the "Jingzhou Electric Bicycle Management Regulations (Draft Third Draft)". In order to further promote the scientific legislation of , democratic legislation of , and legislation in accordance with the law, and improve the quality of legislation, the third draft of the draft regulations will be published and opinions will be solicited from the public. All sectors of society are welcome to actively participate, and Please feedback the revision opinions and suggestions to the Legal Affairs Committee of the Municipal People's Congress Standing Committee before July 31. You can also log in to the WeChat official account of "Jingzhou People's Congress" to leave a message.
Mailing address: Legal Affairs Committee of the Standing Committee of the People's Congress of Jingzhou (No. 262, Jiangjin West Road, Shashi District, Jingzhou City)
Postal Code: 434007
Contact number: 0716-8278349 0716-8515415 (fax)
Email: [email protected]
Jingzhou Electric Bicycle Management Regulations
(Draft Third Review)
Chapter 1 General Principles
First article In order to standardize the management of electric bicycles, maintain road traffic order, prevent and reduce traffic, fire and other safety accidents, and protect the lives and property of citizens, this regulation is formulated in accordance with the " Road Traffic Safety Law of the People's Republic of China ", " Fire Protection Law of the People's Republic of China ", "Hubei Province Measures for the Implementation of the Road Traffic Safety Law of the People's Republic of China" and other relevant laws and regulations, and in combination with the actual situation of this city, this regulation is formulated.
Article 2This regulation applies to the production, sales, registration, passage, parking, charging and related management activities of electric bicycles within the administrative area of this city.
Article 3 The electric bicycle referred to in these regulations refers to a two-wheeled bicycle that complies with national safety technical standards, uses on-board batteries as auxiliary energy, has a pedal and cycling function, and can realize electric assist or electric drive functions.
Article 4 Electric bicycle management should follow the principles of source management, ensuring safety, convenience for the masses, and co-governance, adhere to the combination of education and punishment, and guide drivers to form civilized, safe and environmentally friendly awareness and habits.
Article 5 People's governments at or above the county level shall strengthen their leadership in the management of electric bicycles within their administrative regions, establish a work coordination mechanism, ensure work funds, and urge relevant departments to perform their duties in accordance with the law.
Township people's governments and street offices shall strengthen the safety management of electric bicycles in their jurisdiction and supervise the implementation of the traffic safety and fire safety responsibilities of electric bicycles.
Residents' Committee and Villagers' Committee should assist in the management of electric bicycles.
Article 6 The traffic management department of the public security organ is responsible for the registration of electric bicycles and the safety management of road traffic.
Market supervision and management department is responsible for the supervision and management of the production and sales of electric bicycles and their spare parts.
Urban management law enforcement department is responsible for the supervision and management of electric bicycle parking and Internet rental electric bicycles in public areas.
Housing and urban-rural development departments are responsible for the supervision and management of the construction of electric bicycle parking areas and charging facilities, and urge property service companies to do a good job in the safety management of electric bicycle parking and charging within the property management area.
Economic and informatization, development and reform, natural resources and planning, transportation, ecological environment, education, finance, emergency management and other departments and fire rescue agencies shall do a good job in the management of electric bicycles within their respective responsibilities.
Article 7 The electric bicycle industry association shall strengthen industry self-discipline, guide and urge members to produce and operate in accordance with the law, and assist relevant departments in the management of electric bicycles.
Article 8 Enterprises engaged in express delivery, takeout and other business activities shall strengthen management of electric bicycles used for business operations of the unit and carry out safety knowledge education for drivers.
Article 9 State organs, enterprises, institutions, social groups and other organizations shall carry out electric bicycle traffic safety and fire safety education for personnel of their units.
Education administrative department . Schools should include electric bicycle traffic safety and fire safety education in the content of legal publicity and education.
News publishing, radio and television, and Internet information service providers should carry out public welfare publicity for electric bicycle transportation, fire safety and civilized travel.
Chapter 2 Production and sale of
Article 10 Electric bicycles produced and sold in this city shall comply with national safety technical standards and pass mandatory product certification .
Handling 3 electric bicycle charger , battery, motor and other spare parts produced, sold and repaired and replaced by
Handling Handling , battery, motor , and other spare parts shall comply with mandatory national standards and related industry standards.
Article 11 Electric bicycle sellers shall establish a purchase ledger and a real-name sales ledger, and publicize the relevant information that the electric bicycle sold meets national safety technical standards and obtains mandatory product certification in a conspicuous location in the sales place or in an e-commerce platform.
Market supervision and management departments shall disclose to the public the inquiry methods for obtaining mandatory product certification information on electric bicycles.
Article 12 No unit or individual shall perform the following behaviors:
(I) assemble an electric bicycle;
(II) modify or remove the speed limit device;
(I) modify or modify the motor to exceed the rated power set by the original car;
(IV) Change the battery capacity or voltage, external battery, replace the battery that does not meet the factory settings of the original car;
(V) Install the vehicle tent, parasol and other devices that hinder traffic safety;
(V) Other behaviors that change the vehicle structure, size and main technical parameters, or install other traffic safety devices.
is prohibited from driving on the road with the circumstances listed in the preceding paragraph.
Article 13 E-bike waste batteries shall be managed in accordance with the law in accordance with solid waste and shall not be discarded at will.
Electronic bicycles and battery manufacturers, sellers and repair service providers shall provide waste battery recycling services, establish recycling ledgers, and promptly hand over the recycled waste batteries to units with corresponding qualifications for disposal in accordance with the law.
Chapter 3 Registration and Passing
Article 14 Electric bicycles are subject to a registration and management system and cannot be driven on the road without registration and registration by the traffic management department of the public security organ.
Article 15 The owner of an electric bicycle shall apply for registration to the traffic management department of the public security organ within 30 days from the date of purchase of the car; if the electric bicycle purchased before the implementation of this regulation has not been registered, it shall apply for registration within three months from the date of implementation of this regulation; before the application period expires, he may temporarily drive on the road with a valid car purchase invoice or other legal source certificates. When the traffic management department of the public security organs register, it shall check the vehicle, verify the vehicle's origin certificate, car purchase invoice and other vehicle origin certificates, vehicle product certificate , register those who meet the registration conditions, and issue electric bicycle driving license and unified license plates.
Article 16Electronic bicycles purchased before the implementation of this regulation that do not meet the national safety technical standards shall be subject to transition period management, and the transition period is three years, which shall be calculated from the date of implementation of this regulation. Electric bicycles during the transition period shall apply to the traffic management department of the public security organ for a temporary license plate within three months from the date of implementation of this regulation. The vehicles specified in the preceding paragraph of
The relevant provisions of this Regulation on the management of electric bicycles shall be subject to the transition period; after the transition period expires, they shall not be allowed to drive on the road.
encourages electric bicycle producers and sellers to recycle electric bicycles that do not meet national safety technical standards by trading in old and repurchasing them at discount prices. E-bike owners are encouraged to actively replace and scrap electric bicycles that do not meet national safety technical standards in advance.
Article 17 The traffic management department of the public security organ shall handle the registration and registration of electric bicycles for free, and the required funds shall be guaranteed by the finance department.
The traffic management department of the public security organ shall provide convenience for registration by reasonably setting up registration processing points and promoting licensed sales.
When the traffic management department of the public security organ handles the registration, it shall provide traffic safety education to the applicant.
Article 18 If a registered electric bicycle has changed the registration content, transferred ownership, or no longer drives on the road due to loss or loss, it shall promptly apply to the traffic management department of the public security organ for change registration, transfer registration or cancellation of registration.
Article 19 When an electric bicycle is driving on the road, it shall carry a driving license with the vehicle and install a license plate in accordance with regulations. The license plate of the electric bicycle should be kept clear and complete, and should not be deliberately blocked or damaged.
No unit or individual may forge, alter, impersonate or use forged or altered electric bicycle license plates or driving licenses.
Article 20 Encourage electric bicycle owners to take out insurance for third-party liability insurance, personal accident insurance and other insurance types; commercial insurance companies are encouraged to provide discounts for electric bicycle insurance.
electric bicycle producers and sellers should provide convenience for the owner of the electric bicycle to purchase insurance.
Article 21 Urban management law enforcement departments shall, in conjunction with relevant departments, formulate Internet rental electric bicycles regulation policies based on local actual conditions, and clarify the allowed areas, total volumes, vehicle parking locations and relevant management requirements.
Internet rental electric bicycle operators should strengthen vehicle safety inspection and maintenance, equip the vehicle with safety helmets, and promptly recycle damaged and abandoned vehicles; strengthen parking order management, and promptly clean up vehicles in the prohibited area to maintain road safety and smoothness.
Article 22 Driving an electric bicycle on the road, the following regulations shall be followed:
(I) The driver is over 16 years old and has no physical defects to hinder safe driving;
(II) Both drivers and passengers shall wear safety helmets;
(III) According to traffic lights and traffic standards Instructions to pass, obey the command of the traffic police ;
(IV) If there is a non-motorized vehicle lane, you should drive in the non-motorized vehicle lane. If there is no non-motorized vehicle lane, you should drive on the right side of the road lane and do not drive in the opposite direction;
(V) When encountering a red light, outside the non-motorized vehicle lane stop line, intersection stop line or in the waiting area Wait in turn;
(VI) The maximum speed of driving in non-motorized vehicle lanes shall not exceed fifteen kilometers per hour, and the speed of driving on roads without non-motorized vehicle lanes shall not exceed the speed limit of national safety technical standards;
(VII) It is prohibited to leave the handlebar, browse electronic equipment, or call by hand;
(eight) It is prohibited to travel between motor vehicles, and to drive into highways, urban expressways ;
(nine) It is prohibited to be drunk or take state-controlled psychotropic drugs , narcotic drugs and drive electric bicycles;
(10) Other circumstances stipulated by laws and regulations.
Chapter 4 Parking and charging
Article 23 People's governments at or above the county level and relevant departments shall scientifically plan and build electric bicycle parking lots and charging facilities. The management units of public places such as stations, shopping malls, and parks shall build electric bicycle parking lots and charging facilities in accordance with the planning requirements.
Construction units of newly built residential areas shall simultaneously build electric bicycle parking lots and charging facilities in accordance with relevant plans and standards.
For built residential areas, people's governments at or above the county level shall build electric bicycle parking lots and charging facilities by increasing investment, formulating support policies, and guiding social participation. If the conditions for building centralized parking areas and charging facilities in residential areas are not met, the construction should be carried out nearby.
Article 24 Urban management law enforcement departments shall, together with the traffic management departments of the public security organs, reasonably set up electric bicycle parking areas and draw parking signs and markings according to road traffic conditions and parking needs.
Electronic bicycle drivers should park their vehicles in an orderly manner at places where parking signs and markings are demarcated. Temporarily park electric bicycles in places where no parking areas are set up will not hinder the passage of other vehicles and pedestrians.
Article 25 Parking and charging of electric bicycles should be ensured to be safe. It is prohibited to park or charge electric bicycles in public halls, evacuation walkways, stairwells, safety exits, fire truck passages and other areas of the building. Electric bicycles are prohibited from entering manned elevators.
is prohibited from illegally pulling wires and installing sockets to charge electric bicycles, and avoid charging in indoor places where non-centralized charging is required.
If you really need to charge in a courtyard or other location in rural areas, safety should be ensured.
Article 26 Property service enterprises and management units shall implement safety management for the parking and charging of electric bicycles in the management area, and strengthen fire prevention inspections and patrols; in residential areas where property management has not been implemented, residents' committees and villagers' committees shall determine the fire safety management personnel for the parking and charging of electric bicycles and implement management responsibilities.
Property service enterprises, management units, residents' committees, and villagers' committees shall dissuade and stop the illegal parking and charging of electric bicycles; if the dissuasion and stop are invalid, they shall promptly report to the fire rescue agency and the police station.
Fire rescue agencies and public security police stations shall carry out daily supervision and inspection of fire safety for electric bicycles within their respective responsibilities.
Chapter 5 Legal liability
Article 27 If there are provisions in this Regulation and laws and regulations shall prevail.
Article 28 If a business act of assembling an electric bicycle in violation of the provisions of Article 12, paragraph 1, item 1 of this Regulation and any business act of assembling an electric bicycle shall be ordered to correct the violation, the illegal gain shall be confiscated, and the illegal gain shall be imposed, and a fine of not less than RMB 20,000 and not more than RMB 100,000; if a business act of modifying or adding an electric bicycle in violation of the provisions of Article 2 to Article 6, the market supervision and administration shall be ordered to correct the violation, and the illegal gain shall be confiscated, and the illegal gain shall be imposed, and a fine of not less than RMB 5,000 and not more than RMB 50,000.
If an electric bicycle that violates the provisions of Article 12, paragraph 2 of this Regulation and drives on the road by driving assembled, modified or added, the traffic management department of the public security organ shall order the correction and impose a warning or a fine of not less than RMB 50 and not more than RMB 500.
Article 29 If an electric bicycle that violates the provisions of Article 16, paragraph 2 of this Regulation and drives on the road after the transition period expires, the traffic management department of the public security organ shall order it to correct the problem and impose a fine of 200 yuan.
Article 30 If a violation of the provisions of the first paragraph of Article 19 of this Regulation and deliberately blocks or defiles the electric bicycle license plate, the traffic management department of the public security organ shall order the correction and impose a warning or a fine of 50 yuan.
If a violation of the provisions of Article 19, paragraph 2 of this Regulation and forges, alters, impersonates or uses forged or altered electric bicycle license plates and driving licenses, the traffic management department of the public security organ shall confiscate it and impose a fine of 200 yuan.
Article 31 If an Internet rental electric bicycle operator violates the provisions of Article 21, paragraph 2 of this Regulation, and fails to carry out safety helmets with the vehicle, fails to recover damaged or abandoned vehicles in a timely manner, or cleans up vehicles in the prohibited area, the city management law enforcement department shall order the correction and impose a warning or a fine of not less than 20,000 yuan.
Article 32 If the driver or passenger fails to wear a safety helmet, the traffic management department of the public security organ shall order the correction and impose a warning or a fine of 20 yuan.
If an electric bicycle is driven in the opposite direction in violation of Article 22, Paragraph 4 of this Regulation, the traffic management department of the public security organ shall order it to correct the situation and impose a warning or a fine of 50 yuan.
Article 33 If an electric bicycle is temporarily parked in a place where there is no parking area to hinder the passage of other vehicles and pedestrians, the city management law enforcement department shall order the correction. If the correction is refused, a warning or a fine of 20 yuan will be imposed.
Article 34 State organs and their staff violate the provisions of these regulations in the management of electric bicycles, abuse their power, dereliction of duty, and engage in favoritism and fraud, and shall be punished directly responsible supervisors and other directly responsible persons in accordance with the law; if they constitute a crime, criminal liability shall be pursued in accordance with the law.
Chapter 6Applications
Article 35htmlNational safety technical standards referred to in these regulations refer to the " Electric Bicycle Safety Technical Specification " (GB17761-2018). The main indicators include the ability to ride, have electric drive or electric assist functions, the maximum designed speed does not exceed 25km/h, the vehicle mass is less than or equal to 55kg, the battery voltage is less than or equal to 48V, the motor rated continuous output power is less than or equal to 400W, etc. If modified in the national security technical standard, the modified standard shall be implemented.
Article 36 This regulation shall come into force on the month of year.
Source: Jingzhou Municipal People's Congress Standing Committee official website
Editor: Wang Xuan
Editor: Zhang Xiankai Tang Wanquan
Producer: Jiang Min
Producer: Jingzhou Radio and Television Station Media News Center
Producer: Jingzhou Radio and Television Station Integrated Media News Center