Laws of the Guangdong Province

Administrative Regulations of Shenzhen Municipality on the Planning and Construction of Parking-Lots and the Parking of Motor Vehicles

(Adopted at the 26th Meeting of the Standing Committee of the 3rd Shenzhen Municipal People' s Congress on August 27, 2003, and approved at the 6th Meeting of the Standing Committee of the 10th Guangdong Provincial People' s Congress on September 26, 2003.)

Chapter 1 General Provisions

Article 1  In order to standardize the activities of planning and constructing parking-lots, maintain the parking order of motor vehicles, and safeguard the harmonious development of city traffic, these regulations are formulated in accordance with relevant law and administrative regulations, such as the City Planning Law of the People' s Republic of China, the Regulations of the People's Republic of China on the Administration of Road Traffic, and combining with the actual circumstances of this municipality.

Article 2  These regulations shall be applicable to the administration of the planning and construction of parking-lots and the parking of motor vehicles in the administration area of this municipality.

Article 3  For the purpose of these regulations, the definitions of the following terms shall be:

1. parking-lots refer to various indoor or outdoor sites for the parking of motor vehicles;

2. parking of motor vehicles refers to the parking of motor vehicles in parking-lots, at road sections for temporary parking or in residential districts;

3. operational parking-lots refer to the parking-lots, which are open to the public and provide compensated services for the parking of motor vehicles;

4. non-operational parking-lots refer to the parking-lots providing gratuitous parking services;

5. parking-lot management units refer to the professional parking-lot management enterprises or other units in charge of providing parking services for motor vehicles;

Article 4  The construction of parking-lots shall be planned uniformly and follow the principle of "who invests, who benefits" .

Article 5  Shenzhen municipal people' s government (hereinafter referred to as the municipal government) may draw up relevant policies on the development of parking services for motor vehicles according to the increase of motor vehicles and development of parking-lots in this municipality.

The government shall encourage individuals, legal entities or other economic organizations to invest in the construction or establishment of parking-lots.

Article 6  The administrative department of planning of the municipal government (hereinafter referred to as the municipal department of planning) shall take charge of planning the construction of parking-lots in this municipality. The administrative department of construction of the municipal government (hereinafter referred to as the municipal construction department) shall take charge of administering the construction of parking-lots.

The traffic department of public security of the municipal government (hereinafter referred to as the municipal traffic department of public security) shall take charge of administering the parking-lots and the parking of motor vehicles.

The administrative departments of industry and commerce, price and city appearance shall take charge of the administration involving parking-lots within the scope of their respective functions and duties.

Chapter 2 Planning and Construction of Parking-lots

Article 7  The municipal department of planning shall, jointly with relevant department and unit, such as the municipal traffic department of public security, draft the planning of parking-lots according to the requirements of overall city planning of Shenzhen Municipality, and organize its implementation after it is examined and approved through stipulated procedures.

The planned parking-lots shall be brought into the statutory graphic standard according to regulations.

Article 8  When the planning department organizes the drafting of planning for building a new quarter or district, or rebuilding an old block, it shall plan the parking-lots in accordance with the standards and rules of city planning.

The municipal government shall plan and construct large public parking-lots for the convenience of citizens at the places where the parking spaces are insufficient, and the locations where people transfers between public traffic buses and private vehicles, according to the needs of parking motor vehicles.

Article 9  The municipal department of planning shall organize the drafting of standards on the building' s equipped parking spaces according to the city development and planning, solicit opinions from the municipal construction department, the municipal traffic department of public security and other relevant department or unit, and implement the standards after they are approved by the municipal government.

Article 10  The newly constructed, reconstructed or expanded buildings shall be equipped with parking-lot according to the standards.

The building' s equipped parking-lot shall be designed, constructed and put into use simultaneously with the building' s main body.

When a building' s function is changed, its equipped parking-lots shall not be used for other purpose. In case that the original equipped parking-lot fails to reach the standards after the building' s function is changed, the building shall be equipped with a new parking-lot according to the new standards after its function is changed, or the original parking-lot shall be expanded.  

Article 11  A special parking-lot shall be constructed in any one of the following locations:

1. public building or site, such as the working site of an administrative or government-sponsored organ or unit, sports stadium(gymnasium), cinema(theatre), exhibition hall, library, hospital, sight spot for tourism, station, wharf or airport;

2. business site where the building area is above 5,000m², such as the shopping store, hotel, warehouse, restaurant, or the place for catering or entertainment; 

In case that the public building or business site stipulated in the preceding paragraph of this article has not been equipped with a parking-lot or the equipped parking-lot fails to reach the standards before the implementation of these regulations, a parking-lot shall be constructed complementarily or the equipped parking-lot shall be reconstructed according to the actual situation.

Article 12  The construction department may not transact the construction formalities until  the parking-lot' s design has been solicited opinions from the municipal traffic department of public security, and been examined and approved by the planning department. The unit undertaking the project and the construction unit may not modify the parking-lot' s design arbitrarily until having solicited opinions from the municipal traffic department of public security and getting the approval of the planning department.

Article 13  The municipal department of planning may temporarily rent out the government' s land waiting for construction to establish temporary operational parking-lots. Competitive bidding shall be conducted in the establishment of temporary operational parking-lot. 

Enterprises and government-sponsored units may utilize their private land waiting for construction to apply for establishing temporary operational parking-lot in accordance with regulations.

Chapter 3 Establishment of Parking-lots

Article 14  The management unit of parking-lot shall be a legal entity or an economic organization of no legal entity, and satisfy the following requirements:

1. having certain asset or fund;

2. having its own organizational institution and site;

3. having qualified parking-lot facility and facility for operation or management;

4. having professional manager corresponding to the management of parking-lot.

Article 15  Anyone, who applies for establishing an operational parking-lot, shall apply to the municipal traffic department of public security for the License of Operational Parking-lot of Shenzhen Municipality.

No parking-lot may provide compensated parking services without the license.

Article 16  Anyone, who applies for the License of Operational Parking-lot of Shenzhen Municipality, shall provide the following materials:

1. the valid certificate of land use right;

2. the qualification certificate showing the parking-lot passes the checkup for acceptance of a completed project;

3. the inventory of the parking-lot facilities satisfying the requirements stipulated by regulations, and the graphic standard concerning the parking-lot;

4. the list of corresponding management system of the parking-lot, name list and qualification certificates of the professional patrols;

5. other materials required by law or regulations.

The municipal traffic department of public security shall make written decision on whether to approve or not within 7 working days upon receiving the application.

Article 17  The parking-lot shall have the requisite facilities of illumination, drainage, ventilation, firefighting and guarding against theft according to its needs, and maintain their normal operation.

The municipal traffic department of public security shall draw up detailed rules on the facilities and operation or management system required by various parking-lots.

Article 18  The professional patrol of operational parking-lot shall be trained and tested by the administrative department of labor before he starts work, and shall work with the qualification certificate issued by the municipal traffic department of public security.

Article 19  The owner of a parking-lot' s property right may manage it himself, or consign a professional management unit of parking-lot to manage it by means of lease.

Article 20  No unit or individual may change the function of a parking-lot constructed with approval, or use the parking space for other purpose without authorization.

Article 21  The operational parking-lot may not be altered or canceled arbitrarily without the approval of its competent department. The management unit of operational parking-lot shall transact relevant formalities with relevant department if it needs to be altered or cancelled.

Chapter 4 Management of Parking-lots

Article 22  When the management unit of operational parking-lot provides parking services for motor vehicles, it shall fulfill the following functions and duties:

1. explicitly indicating the symbol, service item, charging standard, management responsibility and system of the parking-lot at conspicuous places of its passageways;

2. implementing the administrative regulations on parking-lot enacted by the municipal traffic department of public security;

3. checking and registering the vehicles entering or leaving the parking-lot;

4. maintaining the parking and driving order of motor vehicles in the parking-lot;

5. collecting fees according to the verified or agreed standards, and using uniform tax invoices;

6. accomplishing safety protection work, such as fire prevention and theft prevention;

7. assisting in leading traffic at the parking-lot' s passageways.

Article 23  The management unit of operational parking-lot may provide compensated services for the parking of motor vehicles, and collect parking service fees. The charging standards of parking service fees shall be determined by the municipal department of price in accordance with relevant state regulations.

The municipal department of price may establish different charging standards basing on the kinds of parking-lots determined by the municipal traffic department of public security.

The charging standards of service fees of parking motor vehicles in residential district shall be executed in accordance with Article 43 of these regulations.

In case that the motor vehicle' s owner has obtained the ownership or use right of a parking space, the management and service fees of his parking space shall be agreed by the management unit of the parking-lot and the owner or user of the parking space.

Article 24  The parking-lot in the working site of administrative organ or government-sponsored unit shall allow the person, who comes to handle affairs during working hours, to park his vehicle for free.  

Article 25  The management unit of parking-lot shall maintain the normal operation of parking-lot facilities, and draw up relevant management system.

The management unit of operational parking-lot shall issue a parking warrant to the vehicle entering the parking-lot, check and take back the warrant when it leaves. The management unit shall restrict the vehicle, which has no parking warrant or has an inconsistent parking warrant, from leaving, or let pass the vehicle after relevant formality has been conducted according to the management rules of the parking-lot.

Article 26  The automatic vehicle carrying hazardous goods shall be parked in the special parking-lot designated by the department of public security, and shall not enter other parking-lots.

Article 27  The driver of motor vehicle shall comply with the management rules of the parking-lot, when driving into it. Anyone, who enters an operational parking-lot, shall receive a parking warrant and pay the parking service fee according to regulations.

Article 28  Motor vehicles shall be parked orderly in a parking-lot, and at a designated parking space or at a place allowing parking. The driver of motor vehicle shall take necessary security measures to prevent the vehicle from theft and keep well the parking warrant.

Chapter 5 Temporary Parking on Roads

Article 29  In order to utilize urban road resources reasonably, the municipal department of planning shall, jointly with the municipal departments and units of traffic and public security, city appearance, traffic and transportation, draw up the scheme of temporary parking on road according to the overall city planning and the professional planning on urban road traffic.

The scheme of temporary parking on road shall be drawn up in consistence with the following principles:

1. do not influence the safety and smoothness of road traffic;

2. the concerned area lacks space for parking motor vehicles;

3. be convenient for citizens to park vehicles.

The draft of the scheme of motor vehicle temporary parking on road shall be publicized and solicited opinions from all social circles and the public. The publication period shall not be shorter than thirty days.

The municipal department of planning and other relevant department shall collect and discuss all the opinions and suggestions, and accept the opinions and suggestions of scientific administration.

Article 30  When the municipal department of planning and other relevant department draw up the scheme of temporary parking on road, they shall set up appropriate numbers of free parking spaces for temporary parking on the road section, where the traffic is not busy, according to the parking demand.

Article 31  The municipal traffic department of public security shall set up road sections for temporary parking of motor vehicles according to the scheme of temporary parking on road.

In order to guarantee the normal driving of motor vehicles, the municipal traffic department of public security shall evaluate the road sections for temporary parking at least once a year, and reduce some existing temporary parking spaces on road or suggest increasing the temporary parking spaces on road according to the situation of road traffic and the increase of parking-lots around.

It is forbidden to park motor vehicles at the road section for temporary parking when the traffic is busy.

Article 32   The road section for temporary parking shall not be set up in any one of the following areas:

1. where the establishment will have bad effect to the city appearance or the firefighting channel will be blocked; 

2. where there is underground facility, such as gas pipe or optical fiber cable line;

3. where there is an established parking-lot with sufficient parking spaces within 300 meters away;

4. where there is a road crossing, school passageway or public traffic station within fifty meters away;

5. which is in a primary or secondary main road, or a narrow circular road in downtown with heavy traffic;

6. other road sections unsuitable for temporary parking.

Article 33  No unit or individual may use urban road to establish parking spaces without authorization.

Article 34  The municipal traffic department of public security shall publicize the location, category of vehicle allowed for parking, charging time, charging manner, charging rate and other stipulated matters concerning the temporary road parking spaces before they are put into use or changed, and set up conspicuous sign at the road section.

The municipal traffic department of public security shall make interim adjustment to temporary parking spaces when there will hold a large-scale activity or under other special circumstance, and publicize the adjustment by setting up conspicuous signs.

The municipal traffic department of public security shall cancel the temporary road parking space in time, which seriously prevents motor vehicles from driving normally.

Article 35  The motor vehicle, parked at a road section of temporary parking in chargeable time, shall be charged for using the parking space. The use fee of parking space may be charged at progressive rate reckon by time. The parking time for each payment to a parking space shall not exceed two hours.

The charging standard shall be determined by the municipal competent department of price by stipulated procedures according to the geographic position, parking demands and parking time. The charging standard shall reflect the principles of science, rationalization and convenience, and may be higher than the standards of other operational parking-lots.

The charging card of temporary road parking shall be printed under the uniform supervision of the municipal department of finance. The charged parking fees shall be directly turned in to the special account of the municipal department of finance. The expenses occurred in the daily maintenance of parking spaces shall be paid by the municipal department of finance from the collected fees.

Article 36  The motor vehicle' s driver shall comply with the following rules when parking at a road section for temporary parking:

1. parking the motor vehicle in the designated parking space at driving direction;

2. taking care of the charging equipment and use it properly;

3. paying the use fee according to the quantity of actually occupied parking spaces.

Article 37  Traffic policemen of the municipal traffic department of public security shall take charge of investigating and dealing with illegal activities in the motor vehicle temporary parking on road.

Chapter 6 Parking of Motor Vehicles in Residential Districts

Article 38  Residential districts shall be equipped with parking-lots. In case that there is no parking-lot or there are insufficient parking spaces in the parking-lot, the real estate management unit shall designate parking spaces in the residential district under the direction of the municipal traffic department of public security. The parking spaces in residential districts shall not occupy green spaces, block firefighting accesses, or block traffic.

Article 39  The driver of motor vehicle shall shut down its engine when parking at a designated parking space in the residential district, and shall not park it for a long time with its engine running.  

The motor vehicle shall be prevented from producing noise when parked in the parking-lot of residential district.

Article 40  Large freight cars and motor vehicles carrying hazardous goods shall not enter and park in residential districts. Except that, garbage trucks for cleaning and transporting garbage, and freight cars providing transportation service to residents or businessmen of the residential districts are allowed to enter and park occasionally. 

Article 41  In case that the property right of parking-lot in residential district belongs to the construction unit, the construction unit may manage the motor vehicle parking services itself, or entrust the management unit of parking-lot in residential district to conduct management under the principle of uniform management. In case that the property right of parking-lot belongs to the owners of residential district jointly, or the property right of parking space belongs to single owner, the owners' committee or single owner shall entrust the management unit of parking-lot in residential district to conduct management. In case that the owner' s committee has not been established, the construction unit shall entrust the management unit of parking-lot in residential district to conduct management.  

Article 42  Any management unit of parking-lot in residential district, which wants to charge parking service fees, shall acquire the License of Operational Parking-lot of Shenzhen Municipality in accordance with the provisions of Chapter 3 of these regulations.

Article 43  The parking service fees of parking-lot in residential district shall be determined by government. The charging standards shall be determined according to the following rules:

1. in case that the property right of  parking-lot in residential district belongs to the construction unit, the charging standards of parking service fees shall be determined by the municipal department of price according to the construction, operation and management costs of the parking-lot;

2. in case that the property right of parking-lot in residential district belongs to the owners jointly, the charging standards of parking service fees shall be solicited opinions from the owners' committee and determined by the municipal department of price according to the parking-lot' s management cost.

In case that the property right of parking-lot belongs to the owners jointly, the income surplus of parking service fees shall be owned jointly by all owners of the residential district.

Article 44  The administration on the parking-lots in residential districts, management units of parking-lots in residential districts and parking of motor vehicles shall comply with relevant provisions of Chapter 3 or 4 of these regulations unless this Chapter provides otherwise.

Chapter 7 Legal Responsibilities

Article 45  The owner of the motor vehicle, which is damaged or lost in a parking-lot, may claim for compensation against the insurance company insuring the motor vehicle, The parking-lot management unit shall provide necessary assistance.

The management unit of operational parking-lot, which causes a motor vehicle in the parking-lot damaged or lost because of failing to perform its duties stipulated in these regulations or acting inconsistent with the parking-lot management standards, shall bear corresponding compensation responsibility according to law.

The driver of motor vehicle, who causes damage to parking-lot facility or other motor vehicle due to fault, shall bear corresponding compensation responsibility according to law.

Article 46  Anyone, who violates the provisions on planning, construction or price concerning parking-lot of these regulations, shall be imposed penalty by the municipal department of planning, construction or price according to relevant law and regulations.

Article 47  Anyone, who does not equip the construction or site with parking-lot or the equipped parking-lot fails to meet the standards in violation of Article 10, or Paragraph 1 of Article 11 of these regulations, the municipal department of planning shall order him to make correction within a time limit. Anyone, who fails to make correction within the limited time or is unable to make correction, shall be charged the parking-lot construction fees according to the standard of equipped parking-lot and the standard of each parking space' s construction cost of the concerned location, and be imposed a fine of one to two times of the parking-lot construction fee.

The parking-lot construction fees shall be used for the construction of parking-lots in this municipality exclusively.

Article 48  Anyone, who provides compensated services for parking motor vehicles arbitrarily without the License of Operational Parking-lot of Shenzhen Municipality, in violation of Article 15 of these regulations, shall be ordered to stop providing compensated parking services by the municipal traffic department of public security and apply for the license within a time limit, and shall be confiscated his illegal gains. The management unit of parking-lot or of the parking-lot in a residential district, which fails to make correction within the time limit, may be imposed a fine of 5,000 to 20,000 yuan by the municipal traffic department of public security.

Article 49  Anyone, who starts working without the qualification certificate, in violation of Article 18 of these regulations, shall be ordered to make correction within a limited time by the municipal traffic department of public security. If he fails to make correction within the time limit, the municipal traffic department of public security shall impose a fine of 2,000 yuan on the management unit of parking-lot to each person who starts working without the qualification certificate, and may order the parking-lot to stop doing business for internal rectification if the circumstance is serious.

Article 50  Anyone, who changes the function of a parking-lot arbitrarily without the approval of the competent department and handling of relevant formalities, or uses a parking space for other purpose without authorization, in violation of Article 20 or 21 of these regulations, shall be ordered to make correction by the municipal traffic department of public security. The unit or person liable, who fails to make correction within the time limit, may be imposed a fine of 100 yuan per day for each parking space, which is changed function or used for other purpose, from the day on which he is ordered to make correction to the day on which he completes the correction by the municipal traffic department of public security.

Article 51  Anyone, who is under any one of the following circumstances, shall be ordered to make correction by the municipal traffic department of public security, be imposed a fine of 2,000 to 10,000 yuan to the management unit of parking-lot or relevant person liable according to the seriousness of circumstance, and be revoked the License of Operational Parking-lot of Shenzhen Municipality if the circumstance is serious.

1. the parking-lot facilities are not equipped or the equipped facilities are insufficient, in violation of Article 17 of these regulations;

2. the non-special parking-lot allows the vehicle carrying hazardous goods to enter with full awareness, or does not report to the municipal traffic department of public security in time, in violation of Article 26 or 40 of these regulations;

3. the parking space is not designated, in violations of Article 38 of these regulations;

4. other function or duty stipulated in these regulations is not performed.

Article 52  The drive of motor vehicle, who is under any one of the following circumstances, may be ordered to drive his vehicle away immediately by the municipal traffic department of public security according to the request of the management unit of parking-lot or of a parking-lot in a residential district. In case that the driver refuses to drive his vehicle away or is not on the spot, the municipal traffic department of public security is empowered to tow the vehicle away from the parking space, order the person acting illegally to bear the occurred expenses, and impose him a fine of no more than 500 yuan:

1. failing to park at the designated parking space, or parking the vehicle with its engine running for a long time, which causes environmental pollution, in violation of Article 28 or Paragraph 1 of Article 39 of these regulations;

2. failing to park the vehicle, entering or leaving the parking-lot inconsistent with the requirements of the management unit of parking-lot, or blocking the parking-lot' s traffic, in violation of Article 27, 28 or 39 of these regulations.

Article 53  The driver of the motor vehicle carrying hazardous goods, who enters a non-special parking-lot in violation of Article 26 or 40 of these regulations, shall be ordered to leave away immediately by the management unit of parking-lot. In case that the driver refuses to leave away, the management unit of parking-lot may report to and request the municipal traffic department of public security to tow the vehicle away from the parking-lot, order the driver to pay the expenses occurred, and impose him a fine of 500 to 1,000 yuan.

Article 54  Anyone, who occupies and uses urban road to set up parking space without authorization, in violation of Article 33 of these regulations, shall be ordered to make correction within a limited time, and confiscated his illegal gains by the municipal traffic department of public security. Anyone, who fails to make correction within the time limit, may be imposed a fine of 10,000 to 30,000 yuan.

Article 55  Anyone, who parks his vehicle at a temporary parking space overtime, in violation of Article 35 or 36 of these regulations, shall pay twice of the standard charge to make up the overtime arrears for less than an hour overtime parking, and may be imposed a fine of 50 yuan per overtime hour additionally for more than an hour overtime parking.     

In case that the motor vehicle, which is parked overtime, blocks traffic or hinders the execution of urgent task, the municipal traffic department of public security may detain the vehicle temporarily, transport it to a designated place, and inform the driver by appropriate way.

Article 56  In case that the working person of municipal traffic department of public security or other relevant governmental department neglects his duty, abuses his power, plays irregularities for favoritism, or fails in performing the functions and duties stipulated in these regulations in violation of these regulations, his unit or relevant department shall impose administrative penalty to the person directly liable and the person in charge. The criminal responsibility shall be investigated if a crime is constituted.

Chapter 8 Supplementary Provisions

Article 57  The municipal government may draw up corresponding implementing measures in accordance with the provisions of these regulations.

Article 58  If there are any law or regulations governing the planning, construction and administration of the parking-lots for public traffic vehicles and lots for passenger or good transportation by road, these law or regulations shall prevail; otherwise these regulations shall be applicable.

Article 59  These regulations shall enter into effect as of January 1, 2004.

Decision of the Standing Committee of the Municipal People' s Congress of Shenzhen Municipality on Amending the Administrative Regulations of Shenzhen Municipality on the Planning and Construction of Parking-lots and the Parking of Motor Vehicles

No.93

October 20, 2003

Adopted at the 32nd meeting of the Standing Committee of the 3rd Shenzhen Municipal People' s Congress on June 25, 2004, approved at the 12th meeting of the Standing Committee of the 10th Guangdong Provincial People' s Congress on July 29, 2004

The 32nd meeting of the Standing Committee of the 3rd Shenzhen Municipal People' s Congress has discussed the Proposal on the Amendments of 28 Laws and Regulations, such as the Regulations of Shenzhen Special Economic Zone on Contract Workers, which is submitted for discussion by the Shenzhen Municipal People' s Government. In order to implement the Administrative License Law of the People' s Republic of China, it is decided that the Administrative Regulations of Shenzhen Municipality on the Planning and Construction of Parking-lots and the Parking of Motor Vehicles shall be made the following revisions:

The Article 18 and Article 49 shall be deleted.

The order of part articles shall be adjusted correspondingly according to this decision.

This decision shall be implemented as of the date of promulgation.