The “Zhengzhou Municipal Regulations on the Construction and Management of Parking Facilities” will come into effect on October 1!

Release date:

2019-07-31 16:41

Source:

Parking Bang

Parking facilities constructed as part of a development project shall be planned, designed, built, and put into operation concurrently with the main project. Establish a unified parking information management and service system to enhance the level of informationization in parking management. Charging fees without the requisite authorization carries a maximum penalty of 50,000 yuan… On the morning of July 26, the Eleventh Meeting of the Standing Committee of the 13th Henan Provincial People’s Congress adopted the “Regulations on the Construction and Management of Parking Lots in Zhengzhou City,” which will take effect on October 1, 2019. The promulgation of the Regulations has further accelerated Zhengzhou’s efforts to plan, construct, and manage parking facilities, effectively alleviating the city’s parking difficulties.

Establish a parking information management and service system.

The Regulations strengthen parking facility development in multiple respects. No entity or individual may unilaterally alter an approved special parking‑lot plan. If a change is indeed necessary, it must be submitted to the original approving authority for approval, and such change shall not result in a reduction in the number of parking spaces. When preparing territorial spatial plans, land for public parking facilities shall be reserved; a specified portion of government‑reserved land shall be designated for the development of public parking. Subject to compliance with the territorial spatial plan, collectively owned construction land may, in accordance with the law, be used for the construction of public parking facilities. Furthermore, temporary parking facilities may be established on idle sites such as undeveloped land, vacant industrial areas, and marginal plots, as well as within the setback zones defined by building red lines. Parking facilities constructed as part of a development project shall be planned, designed, built, and put into operation concurrently with the main project, and existing projects shall undergo planning verification.

How far are the parking lots near hospitals and schools? How do I get there? This calls for cities to implement smart parking services. The Regulations stipulate that Zhengzhou City shall establish a unified parking information management and service system, with parking data from all districts interconnected to enhance the level of information-based parking management.

Failure to issue the required tax receipts is punishable by a fine of up to RMB 10,000.

The Regulations also establish standards of conduct, subjecting parking facilities that provide parking services to the public and charge fees to a filing‑based management system. With respect to parking charges, they distinguish among government‑set prices, government‑guided prices, and market‑determined prices, depending on the specific circumstances, and set forth the codes of conduct that both parking facility operators and parkers are required to observe.

If a parking lot fails to display its operating hours or fee schedule and nevertheless imposes parking charges without authorization, what penalties should be imposed? In accordance with the Regulations, any entity that fails to conspicuously display its fee‑charging standards shall be ordered by the administrative department in charge of urban management to make corrections, have its illegal gains confiscated, and be subject to a fine of no less than RMB 1,000 but no more than RMB 5,000.

Anyone who collects parking fees in violation of the prescribed standards shall be ordered by the administrative department in charge of urban management to make corrections, have their illegal gains confiscated, and be subject to a fine of no less than RMB 10,000 but no more than RMB 50,000. In cases of serious violations, the entity shall be ordered to suspend operations for rectification.

Any entity that unlawfully collects parking fees without the requisite authorization shall be ordered by the administrative department in charge of urban management to make corrections and shall be subject to a fine of no less than RMB 10,000 but no more than RMB 50,000.

Where a fee receipt should have been issued but was not, the competent administrative department for urban management shall order rectification and impose a fine of no less than RMB 2,000 and no more than RMB 10,000. Cases involving suspected tax evasion or underpayment shall be referred to the tax authorities for handling.

Bicycles parked haphazardly will be subject to penalties.

Whether non-motorized vehicles are parked in an orderly manner directly affects the city’s appearance and the smooth flow of traffic. To regulate the parking of non-motorized vehicles, the Regulations stipulate provisions on the designation of parking spaces, prohibited parking zones, standards for maintaining orderly parking, and the management responsibilities of businesses along the streets. They also clarify the daily inspection and management obligations of shared‑bike operators with respect to parking order and establish a dynamic regulatory mechanism for these operators.

The Regulations prescribe corresponding penalties for parking facility operators who fail to file as required or violate the order of parking management; for parkers who park vehicles beyond the prescribed time limits or designated areas, or fail to park in accordance with signage and markings; and for unauthorized installation or damage of parking space markings on urban roads, destruction of parking‑space equipment and facilities, or any other conduct that impedes the normal use of on‑street parking spaces. In particular, for unauthorized parking—whether by parking beyond the prescribed time or area, or by failing to comply with designated markings and lines—public security organs’ traffic management departments shall impose a fine of 200 yuan and may have the vehicle towed to a location that does not impede traffic or to a designated parking facility.

If the parking of shared bicycles obstructs the normal flow of pedestrians or vehicles, detracts from the urban landscape, or impedes the maintenance of municipal facilities, and the circumstances are serious, the administrative department responsible for urban management may remove the illegally parked bicycles from the site and impose a fine of no less than RMB 5,000 but no more than RMB 10,000 on the shared‑bicycle operating enterprise.

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