Procedures of Shanghai Municipality on the Administration of Parking Lots (Garages)
Procedures of Shanghai Municipality on the Administration of Parking Lots (Garages)
Procedures of Shanghai Municipality on the Administration of Parking Lots (Garages)
Order of Shanghai Municipal People's Government [2005] No. 44
January 10, 2005
The Procedures of Shanghai Municipality on the Administration of Parking Lots (Garages), which was adopted at the 60th executive meeting of the Shanghai Municipal People's Government on December 13, 2004, is released hereby and shall take effect as of March 1, 2005.
Mayor Han Zheng
Procedures of Shanghai Municipality on the Administration of Parking Lots (Garages)
(Promulgated by Order of Shanghai Municipal People's Government [2005] No. 44 on January 10, 2005)
Chapter I General Provisions
Article 1 (Purpose and Basis)
For the purpose of strengthening the planning, construction and administration of parking lots (garages) in this Municipality, satisfying the parking needs, improving traffic conditions, and safeguarding the legitimate rights and interests of operators of parking lots (garages) as well as of parkers, these Procedures are formulated on the basis of the provisions of relevant laws and regulations.
Article 2 (Application Scope)
These Procedures apply to the planning, construction and use of parking lots (garages) within this Municipality's administrative area and to the related management activities.
Parking lots (garages) mentioned in these Procedures refer to the public parking lots (garages), curb-side parking areas and special-purpose parking lots (garages).
Article 3 (Administrative Departments)
The Shanghai Municipal Urban Traffic Administration (hereinafter referred to as the SMUTA) is the competent administrative department of this Municipality's parking lots (garages), responsible for organizing the implementation of these Procedures. The district (county) traffic competent administrative departments are responsible for the administration of the parking lots (garages) within their respective administrative areas according to their respective prescribed functions and duties.
The Shanghai Municipal Land Transportation Administration Division and the district (county) land transportation administration offices (hereinafter referred to as the land transportation administration agency) are responsible for the routine administration work of parking lots (garages) within their respective administrative areas according to their respective prescribed functions and duties.
The administrative departments of planning, construction, municipal works, public security traffic, housing, land and resources, finance and price control of this Municipality shall cooperate in enforcing these Procedures according to their respective functions and duties.
Article 4 (Trade Association)
This Municipality's parking service trade association shall, according to the provisions of laws and regulations, give play to its trade self-disciplining role and may be entrusted by the SMUTA to cooperate in doing a good job of the management of public parking lots (garages) in this Municipality.
Article 5 (Encouragement and Popularization)
This Municipality encourages the construction of public parking lots (garages) with multiple investments and the opening of special-purpose parking lots (garages) to the public, and popularizes the application of intelligence and information means in the management of public parking lots (garages) and curb-side parking areas.
Chapter II Planning and Construction Management of Parking Lots (Garages)
Article 6 (Drawing up of Planning)
The specialized system planning of public parking lots (garages) shall be drawn up by the SMUTA jointly with the municipal public security traffic management department on the basis of the layout structure of urban planning and the situation of the traffic demand and be brought into the overall planning of the whole city after being comprehensively balanced by the municipal planning administrative department and, submitted to the Municipal People's Government for examination and approval.
The district (county) government, when drawing up the controlled detailed planning, shall link it with the specialized system planning of public parking lots (garages). The municipal planning administrative department, when examining and approving the controlled detailed planning, shall solicit opinions of the SMUTA.
Article 7 (Control over Land Use)
The land used for parking lots (garages) set out in the specialized system planning of public parking lots (garages) falls into the category of land used for roads and squares, and shall not be diverted to other purpose without being adjusted according to legal procedure.
Article 8 (Set-up Standards and Design Norms)
The design schemes of public parking lots (garages) and special-purpose parking lots (garages) shall comply with the set-up standards and design norms of parking lots (garages) provided by the State and this Municipality.
This Municipality's set-up standards and design norms of parking lots (garages) shall be drawn up by the SMUTA jointly with the municipal public security traffic management department and the municipal planning administrative department, and shall be implemented upon approval by the municipal construction administrative department.
Article 9 (Construction of Auxiliary Facilities)
Newly built public buildings and residential quarters shall have parking lots (garages) constructed as auxiliary facilities according to the set-up standards and design norms of parking lots (garages) provided by the State and this Municipality.
The auxiliary facilities of parking lots (garages) shall be designed, constructed and delivered for use synchronously with the principal project.
Article 10 (Make-up Construction)
The following public buildings that have no parking lots (garages) constructed as auxiliary facilities according to the set-up standards and design norms of parking lots (garages) provided by the State and this Municipality shall have them constructed retroactively during reconstruction or extension:
(1) Railway stations, passenger wharves, airports, inter-provincial-highway passenger stations and transfer hubs of public transit system and private-use vehicles;
(2) Stadiums, gymnasiums, cinemas, theaters, libraries, hospitals, convention and exhibition centers, scenic spots, business office buildings and office places undertaking external administrative affairs;
(3) Shopping malls, hotels, restaurants and entertainment establishments and other business premises with a ground area of over 5000 square meters.
Where the pubic buildings set out in the preceding clause can not have parking lots (garages) constructed retroactively under restriction of objective environmental conditions, the proprietors of the public building shall present a technical demonstration report of relevant experts to the municipal, district or county planning administrative department.
Article 11 (Examination of Construction)
All relevant departments of this Municipality shall examine the construction of parking lots (garages) according to relevant provisions of this Municipality on the administration of examination and approval of construction projects.
The municipal, district and county planning administrative departments and construction administrative departments, when examining the planning schemes and preliminary design schemes of construction projects of public parking lots (garages), shall solicit opinions of the municipal, district and county traffic administrative departments and public security traffic management departments.
Article 12 (Acceptance Check upon Completion)
The municipal, district (county) planning administrative departments, when conducting planning acceptance check of construction projects of public parking lots (garages), shall notify the municipal, district (county) traffic competent administrative departments to participate.
Chapter III Operation and Management of Public Parking Lots (Garages)
Article 13 (Operation Registering and Filing for the Record)
An operator of a public parking lot (garage) shall go through formalities of industrial and commercial and taxation registration according to law and, within 15 days after industrial and commercial registration, shall complete the-filing-for-the-record formalities by the presentation of relevant documents with the land transportation administration agency.
An operator of a public parking lot (garage) who alters his registration items or suspends business, shall go through relevant formalities as required with the industrial and commercial department and the taxation department, and shall, within 15 days from the date of alteration or business suspension, complete filing-for-the-record formalities with the land transportation administration agency, and make a public notice at the same time.
Article 14 (Examination and Verification of Altered Use Nature)
No unit or individual person shall arbitrarily divert the already built public parking lot (garage) to some other purpose.
Where the use nature of a parking lot (garage) is altered, an approval by the municipal, district (county) planning administrative department jointly with the municipal, district (county) traffic competent administrative department and public security traffic management department shall be obtained.
Article 15 (Parking Service Norms)
An operator of a public parking lot (garage) shall observe the following service norms:
(1)Putting up conspicuous, uniform signs of parking lot (garage) and parking rules drawn up by the SMUTA and making public the supervision telephone number;
(2) Drawing up management systems of parking, safety and security, and fire control;
(3) Installing complete illuminating equipment, communication equipment and parking meters;
(4) Commanding the incoming and outgoing and parking of vehicles in order, maintaining the parking order, and ensuring the normal operation of parking facilities;
(5) Executing the parking fee collection regulation, with charges clearly marked at the conspicuous place; and
(6) Working staff wearing an attendant tag.
Article 16 (Drivers' Conduct Code)
Motor-vehicle drivers and the persons accompanying them, when parking at a public parking lot (garage), shall observe the following provisions:
(1) Obeying the working staff's command to park in order;
(2) No parking facilities or equipment shall be damaged; and
(3) No vehicles loaded with inflammable, explosive, poisonous, harmful or other dangerous cargo or other contraband goods shall be parked.
Chapter IV Management of Curb-side Parking Areas
Article 17 (Set-up Principle and Scheme)
The set-up of curb-side parking areas shall be strictly put under total quantity control.
The set-up scheme shall be prepared by the municipal public security traffic administrative department jointly with the municipal public works administrative department and the SMUTA according to the following principles:
(1) Meeting the requirements of total quantity control over regional curb-side parking;
(2) Complying with the supply and demand situation of regional parking, traffic conditions and road bearing capacity; and
(3) Differentiating the parking demands in different time periods and for different uses.
Where an curb-side parking area is set up within 300 meters of service radius of a public parking lot (garage) located inside this Municipality's Outer Ring Road, the municipal public security traffic management department shall, jointly with the SMUTA, hold a hearing.
Article 18 (Determination of Administrator)
The procedures for determining administrators of curb-side parking areas shall be separately formulated by the SMUTA.
Article 19 (Charging Mode)
Charges for curb-side parking may be calculated at time or frequency rate.
Where charging at time rate is adopted for curb-side parking, the method of charging in progression or for time-limit parking may be adopted depending on road traffic conditions in peripheral areas.
Article 20 (Charges Collecting Method)
Administrators of curb-side parking areas may collect parking fees by means of electronic meters or by manual type.
Article 21 (Management of Fees)
Curb-side parking fees belong to the category of the revenue of governmental departments and institutions and adopt the management of separation of revenue and expenditure.
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