“Difficulty in finding parking and chaotic parking” is one of the major challenges currently facing urban road traffic management in China, particularly the disorderly on‑street parking caused by parking shortages. , not only disrupts traffic flow but also poses a safety hazard. . Recently, Reports on “urban management’s crackdown on illegal roadside parking” have appeared in the press. , sparking widespread public debate, It is necessary to conduct an analytical study of this incident, trace its origins, and put forward scientifically grounded recommendations. 。 Today, we present an analysis by researchers from the Traffic Safety Research Center of the Ministry of Public Security.
The Current Status of Urban Management Authorities’ Involvement in the Enforcement and Management of Illegal Parking
The urban management authorities’ involvement in addressing illegal parking on city roads dates back to late 2015, when the CPC Central Committee and the State Council issued the “Guiding Opinions on Deepening the Reform of the Urban Law Enforcement System and Improving Urban Management” (hereinafter referred to as the “Opinions”). Article 7 of these Opinions stipulates that “comprehensive law enforcement shall be promoted, and with respect to traffic management, administrative penalties for such violations as encroachment upon urban roadways and illegal parking, as well as related administrative coercive measures, may be imposed by the urban management authorities,” thereby providing a policy framework for their participation in tackling illegal parking.
Two Models of Urban Management Authorities’ Involvement in Addressing Illegal Parking
According to reports, at present, urban management departments in some cities are involved in addressing illegal parking in two main ways:
❖ The authority to enforce penalties for illegal parking has been transferred to the urban management department, but it faces challenges such as limited enforcement power.
In some cities, a model has been adopted in which urban management departments undertake all aspects of enforcing regulations against illegal parking—ranging from on‑street enforcement and evidence collection, to affixing notice stickers, reviewing violations, and collecting fines. However, in terms of the effectiveness of addressing such violations, this approach has fallen short of expectations. According to reports from urban management authorities in one locality, since the authority to enforce illegal‑parking penalties was transferred to these departments, the rate of fines paid has remained persistently low, below 30 percent. The primary reason is that, under this model, the coercive force of penalties is relatively weak. Although violators receive notice stickers issued by the urban management department, no corresponding records of the violation can be retrieved from the public security traffic‑management department’s traffic‑violation database, thus failing to generate sufficient public attention.
❖ The traffic management authorities are responsible for reviewing and imposing penalties, while the urban management authorities only participate in the evidence‑collection process for illegal parking.
In some cities, a model has been adopted in which urban management authorities are involved solely in the evidence‑collection phase of illegal parking. Under this arrangement, urban management officers use standardized image‑based enforcement protocols to document on‑street violations and transmit the collected data to the public security traffic management department. The latter then reviews and imposes penalties, integrating approved violation records into the traffic‑violation information system. This approach is characterized by interagency collaboration in addressing illegal parking, which significantly enhances enforcement efficiency. Moreover, the relatively stringent nature of the penalties serves as a strong deterrent to traffic violations.
Public skepticism regarding the urban management authorities’ involvement in addressing illegal parking.
At present, there are still some voices of skepticism in society regarding the urban management authorities’ efforts to address illegal parking, primarily focusing on two aspects:
❖ On the issue of “who is responsible for managing illegal parking,” namely, the question of who holds enforcement authority over such violations.
, questioning whether urban management authorities have the legal authority to carry out enforcement actions against illegal parking in a comprehensive and law-based manner, and how to strengthen the enforceability of penalties for illegal parking;
❖ Regarding “random parking tickets,” there is a perception that enforcement and penalties for illegal parking are aimed solely at collecting fines.
In response to these concerns, it is necessary to systematically review China’s existing relevant laws and regulations, integrate them with the realities of urban parking development, and develop scientifically sound and objective enforcement and management strategies.
Figure 1: Illegal Parking on Roads
Legal Basis for the Urban Management Department’s Involvement in the Enforcement and Administration of Illegal Parking Violations
The principal current laws and policies in China pertaining to the enforcement and management of illegal parking include the Road Traffic Safety Law and the Administrative Penalty Law.
Relevant Provisions of the Road Traffic Safety Law
The Road Traffic Safety Law clearly stipulates The traffic management department of the public security organ shall impose a fine of no less than RMB 20 and no more than RMB 200 for illegal parking, and may have the motor vehicle towed to a location that does not obstruct traffic or to a location designated by the traffic management department of the public security organ. In addition, traffic management departments of public security organs at various localities have also explored the use of non‑on‑scene traffic surveillance technologies for law enforcement.
Relevant Provisions of the Administrative Penalty Law
Article 16 of the Administrative Penalty Law provides that… The State Council, or the people’s governments of provinces, autonomous regions, and municipalities directly under the central government authorized by the State Council, may designate a single administrative agency to exercise the administrative penalty powers of the relevant agencies; however, administrative penalties involving restrictions on personal freedom may be imposed only by public security organs.
❖ Authorizing entity. The State Council, or the people’s governments of provinces, autonomous regions, and municipalities directly under the central government authorized by the State Council, may designate an administrative organ to exercise the administrative penalty powers of the relevant administrative organs.
❖ Conditions of authorization. The authorized organizations shall be administrative organs; however, the power to impose administrative penalties restricting personal freedom may be exercised only by public security organs.
Overall, The two aforementioned scenarios in which urban management authorities participate in the enforcement and administration of illegal parking are, it should be noted, both within the scope permitted by China’s existing laws and regulations. In In the first scenario, , the urban management authorities’ law-based enforcement activities against illegal parking should be entrusted with the administrative penalty powers of the public security traffic management departments, and the latter should assume supervisory responsibilities and bear legal liability for any resulting consequences; in In the second scenario, The participation of urban management authorities in the evidence‑gathering process for illegal parking does not constitute a delegation or transfer of administrative penalty powers. Accordingly, urban management authorities lack the authority to impose penalties for illegal parking; their role is limited to providing evidentiary information to the traffic management authorities, and any penalties may be imposed only after such information has been reviewed and approved by those authorities.
Figure 2: Urban management authorities are participating in the enforcement and management of illegal parking.
The Implications of Overseas Urban Parking‑Violation Enforcement and Management for China
Looking at international cities abroad, with regard to the enforcement and management of illegal on‑street parking, while most cities entrust this task primarily to police agencies, some have adopted legislation to delegate such responsibilities to other social institutions, achieving generally positive outcomes. The underlying reasons are closely linked to their “socialized model of enforcement and management” and to a “comprehensive and robust legal and regulatory framework,” offering valuable lessons for Chinese cities to consider and emulate.
❖ Actively adopting a collaborative governance model, we engage social enterprises to participate in addressing illegal parking, thereby effectively enhancing the efficiency of law enforcement and management.
Such as Tokyo, Japan Enforcement against illegal parking is carried out through police patrols and the deployment of a team of “parking‑monitoring officers” who take photographs as evidence. When a parking‑monitoring officer detects an illegal parking violation, they immediately capture photographic evidence and transmit it to the police station, where it is reviewed before a penalty is imposed. New York, USA Enforcement and management of illegal parking are the responsibility of the New York City Police Department, which employs approximately 3,300 traffic enforcement officers to oversee compliance. Vehicles parked in violation of traffic regulations that impede roadways are promptly towed, thereby deterring such violations effectively.
❖ A sound and robust legal and regulatory framework has laid a solid foundation for clarifying the parking enforcement management system and strengthening the mandatory nature of penalties for illegal parking.
Such as London, UK Through local government legislation, private-sector companies are contracted to participate in the enforcement and management of illegal parking. For violations, enforcement officers affix a ticket to the front windshield of the offending vehicle, clearly stating the reason for the penalty and the amount of the fine. The vehicle owner must pay the fine within 28 days; if neither the fine is paid nor an appeal is filed within that period, a second notice of penalty will be issued, with the fine increased by 50%. The owner must then pay this revised fine within 14 days; otherwise, the debt will be registered with the local court, and judicial costs will be added. The court will subsequently issue a writ of execution, and if payment remains outstanding after 21 days, the court will proceed with compulsory enforcement.
Figure 3: Enforcement and Management of Illegal Parking in Tokyo and New York
How to Develop a Scientific Parking Enforcement and Management Strategy
“Severe imbalances between the supply and demand of urban parking spaces, a high incidence of illegal on‑street parking, acute shortages of human resources for enforcing parking regulations, and relatively weak public awareness of traffic etiquette and compliance” are among the common parking‑management challenges confronting cities across China. Against this backdrop, Clarify the management system for parking enforcement and develop parking enforcement strategies in a scientifically sound manner. It is both a fundamental requirement for effectively alleviating urban parking challenges and an inevitable choice for responding to society’s new expectations and demands.
Reasonably selecting the management system model for enforcing regulations against illegal parking.
With regard to the urban management authorities’ active participation in enforcing regulations against illegal parking, and drawing on international urban development experience while comprehensively considering factors such as enforcement personnel, the coercive power of penalties, and the supply-and-demand dynamics of urban parking, the following reflections and recommendations are offered on the choice of an appropriate enforcement‑management model for illegal parking:
❖ We recommend prioritizing the model in which urban management authorities assist in collecting evidence of illegal parking, while the public security traffic management department is responsible for reviewing and imposing penalties.
Through coordinated collaboration between the two departments, joint enforcement and management of illegal parking are carried out, which not only addresses the shortage of human resources in law enforcement but also effectively enhances the efficiency of such operations, thereby exerting a strong deterrent effect on illegal parking.
❖ It is advisable to adopt a model in which the urban management authorities are entrusted with the administrative enforcement powers over illegal parking, while the public security traffic management departments assume responsibility for oversight.
It is recommended that, in the early stages of implementation, the public security traffic management authorities participate in and coordinate enforcement against illegal parking, providing technical guidance on evidence‑collection standards, enforcement procedures, and compliance with regulatory requirements. In addition, in the near term, it is suggested that urban management departments transmit information on penalties for illegal parking directly to the public security traffic management authorities; after review, such data would be integrated into the public security traffic violation database. This approach would both strengthen the supervisory role of the public security traffic management authorities and enhance the enforceability of penalties for illegal parking. Looking ahead, it is advisable to advance the refinement and improvement of relevant laws and regulations to further reinforce the mandatory nature of legal sanctions.
Formulate a rigorous urban parking management strategy.
The purpose of enforcing penalties for illegal parking
, not only to address traffic violations, but more importantly, to ensure strict law enforcement and management. Accelerate the scientific planning and development of urban parking spaces. , reasonably increase the supply of parking spaces and dynamically optimize the transportation travel structure, Promote the reconciliation of parking supply and demand. Therefore, the following measures should be adopted:
❖ The study proposes designating specific road segments and areas for stringent enforcement, cautioning against a one-size-fits-all approach across the entire road network. Instead, a management strategy that combines education with penalties should be adopted.
Taking into account factors such as urban location and functional zoning, road infrastructure conditions, traffic volume, patterns of travel demand, the balance between parking supply and demand, and overall traffic performance, this study identifies streets and areas subject to stringent enforcement against illegal parking. In these designated zones, rigorous enforcement and penalties for unauthorized parking will be implemented to foster a culture of orderly and civilized parking. Outside these high‑enforcement areas, the focus will shift to education; strategies will be developed to designate time‑limited parking spaces, thereby appropriately addressing basic parking needs while seeking to curb non‑essential on‑street parking.
❖ Strengthen public awareness campaigns and guidance, and encourage the general public to park in a civilized and orderly manner. Promptly publicize streets and areas subject to strict parking enforcement, and communicate the strategies and plans for addressing illegal parking, so that the public can fully understand that the underlying purpose of such enforcement is not merely to impose fines, but rather to use fines as a catalyst for improved management. We encourage the public to voluntarily comply with traffic regulations, call on all sectors of society to work together to address parking challenges, and foster a urban parking environment that is safe, orderly, civilized, and well‑regulated.
(Text by Liu Jingguang, Road Traffic Safety Research Center, Ministry of Public Security)
Reposted from the official WeChat account of the Traffic Safety Research Center of the Ministry of Public Security, “Traffic Research Society.”
