Procedures of Shanghai Municipality on the Administration of Parking Lots (Garages)

• Document Number：Decree of Shanghai Municipal People's Government No. 85
• Area of Law： Traffic and Transport
• Level of Authority： Local Government Rules
• Date issued：08-31-2012
• Status： Effective
• Issuing Authority： Shanghai Municipality

Decree of Shanghai Municipal People's Government
(No. 85)
The Procedures of Shanghai Municipality on the Administration of Parking Lots (Garages) were adopted at the 151st Routine Meeting of the Municipal People's Government on August 27, 2012, and are hereby promulgated. They shall be effective as of January 1, 2013.
Mayor: Han Zheng
August 31, 2012
Procedures of Shanghai Municipality on the Administration of Parking Lots Garages
(Promulgated by Decree No. 85 of Shanghai Municipal People's Government on August 31, 2012)
Chapter I General Provisions
Article 1 (Purposes and Basis)
With a view to strengthening the planning, construction and administration of parking lots (garages) in this Municipality, adjusting the supply and demand of parking, 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 in accordance with the provisions of the Regulations of Shanghai Municipality on Road Transport Administration and other relevant laws, rules and regulations.
Article 2 (Application Scope)
These Procedures apply to the planning, construction and use of parking lots (garages) within the administrative area of this Municipality and to the related management activities.
Parking lots (garages) mentioned in these Procedures include the public parking lots (garages), curb-side parking areas and special-purpose parking lots (garages).
Article 3 (Administrative Departments)
The municipal competent transport administration is the competent department of parking lots (garages) of this Municipality, responsible for organizing the implementation of these Procedures, and for the supervision and administration of the parking lots (garages) that are under the municipal administration.
The district/county competent transport administration is responsible for the supervision and administration of the parking lots (garages) within their respective jurisdictions according to their respective functions and duties as required.
The administrative departments of planning and land, construction, public security transport, housing, finance, price control, industry and commerce, taxation, fire control, and greening and city appearance of this Municipality shall cooperate in enforcing these Procedures according to their respective functions and duties.
Article 4 (Trade Association)
The parking service trade association of this Municipality shall, according to relevant provisions, formulate trade self-discipline norms, conduct service quality assessment and training of the trade, and assist relevant administrative departments in doing well in the related management of parking lots (garages).
Article 5 (Encouragement and Popularization)
This Municipality encourages the construction of public parking lots (garages) with investments of social funds and the comprehensive utilization of underground space, and popularizes the application of intelligence and information means in the management of public parking lots (garages).
Chapter II Planning and Construction Management of Parking Lots (Garages)
Article 6 (Planning Preparation)
The special planning of public parking lots shall be drawn up by the municipal competent transport administration jointly with the municipal administrative departments of planning and land, and construction according to the comprehensive traffic planning and demand of this Municipality, and be brought into the corresponding urban and rural planning after being submitted to, examined and approved by the Municipal People's Government.
Article 7 (Control over Land Use)
The land used for parking lots (garages) set out in the special planning of public parking lots (garages) falls into the land used for roads and squares, and shall not be diverted to some other purposes without adjustment according to legal procedure.
Article 8 (Set-up Standard and Design Norm)
The design scheme of public parking lots (garages) and special-purpose parking lots (garages) shall comply with the State's and this Municipality's set-up standards and design norms of parking lots (garages).
This Municipality's set-up standards and design norms of parking lots (garages) shall be drawn up by the municipal competent transport administration jointly with the municipal administrative departments of public security transport, and planning and land, and shall be implemented upon approval by the municipal construction administrative department.
Article 9 (Construction of Auxiliary Facilities)
For newly-built public buildings, parking lots (garages) (including public parking lots (garages) and special-purpose parking lots (garages) shall be constructed as auxiliary facilities according to the State's and this Municipality's set-up standards and design norms of parking lots (garages).
For newly-built public transport hubs, parking lots (garages) for public traffic transfer shall be constructed as auxiliary facilities according to this Municipality's planning for comprehensive passenger transport hubs.
The auxiliary facilities of parking lots (garages) shall be designed, constructed, checked and accepted upon completion, and delivered for use synchronously with the principal projects.
Article 10 (Retroactive Construction)
Parking lots (garages) shall be constructed retroactively during reconstruction or extension of the following public buildings if no parking lots (garages) have been constructed as auxiliary facilities according to the State's and this Municipality's set-up standards and design norms of parking lots (garages):
1. airports, railway stations, passenger wharves, inter-provincial-highway passenger stations, and transfer hubs of public transit system and private motor vehicles;
2. stadiums, gymnasiums, cinemas, theaters, libraries, hospitals, convention and exhibition centers, scenic spots, business office buildings, and office places undertaking external administrative affairs; and
3. business premises such as shopping malls, hotels, restaurants and entertainment establishments, with a floor space of over 5,000 square meters.
If no parking lot (garage) can be constructed retroactively for one of the public buildings set out in the preceding clause under restriction of objective environmental conditions, the proprietor of the public building shall present a technical demonstration report of relevant experts to the municipal or district/county planning and land administrative department.
Article 11 (Examination of Construction)
Relevant departments of this Municipality shall examine the construction of public lots (garages) and special-purpose parking lots (garages) according to the State's and this Municipality's relevant provisions on the administration of construction project examination and approval.
The municipal and district/county planning and land administrative departments and construction administrative departments, when examining the planning schemes and preliminary design schemes of construction projects of public parking lots (garages) or special-purpose parking lots (garages), shall solicit the opinions of the municipal and district/county competent transport administrations and the public security transport administrative departments.
Article 12 (Planning Acceptance Check)
When conducting the planning acceptance check of construction projects of public parking lots (garages) and special-purpose parking lots (garages), the municipal and district/county planning and land administrative departments shall notify the municipal and district/county competent transport administrations to participate therein.
Article 13 (Examination of Altered Use Nature)
No unit or individual shall arbitrarily divert the already built public parking lot (garage) to some other purposes.
The alteration of the use nature of a public parking lot (garage) or special-purpose parking lot (garage) shall be approved by the municipal and district/county planning and land administrative departments jointly with the municipal and district/county competent transport administrations and the public security transport administrative departments.
Chapter III Operation and Management of Public Parking Lots (Garages)
Article 14 (Operation Registering and Filing for the Record)
An operator of a public parking lot (garage) shall go through formalities of industry and commerce and taxation registration according to law, and within 15 days after the industry and commerce registration, shall complete the filing formalities by the presentation of relevant documents with the competent transport administration or with the road transport administrative agency provided in the Regulations of Shanghai Municipality on Road Transport Administration.
An operator of a public parking lot (garage) who alters his or her 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 formalities with the original filing department. An operator who suspends business of a public parking lot (garage) shall make a public notice 5 days before the date of business suspension.
Article 15 (Service Norms)
An operator of a public parking lot (garage) shall observe the following service norms:
1. putting up signs of parking lot (garage) service in compliance with requirements;
2. putting up parking rules drawn up by the municipal competent transport administration and making public the supervision telephone number in compliance with requirements;
3. executing the parking fee collection regulation, with the fee rates posted at the entrance of the parking lot (garage) and at a conspicuous place of the fee booth;
4. marking out parking stall signs according to the standard, without increasing or decreasing the parking stalls;
5. installing illumination facilities, communication equipment and parking meters in compliance with requirements;
6. leading the vehicles' incoming and outgoing in order and parking as required, and maintaining the parking order;
7. drawing up management rules for vehicle parking, safety protection, fire and flood control and the emergency preplan for contingencies; and
8. attendants attired with tags in compliance with requirements.
Article 16 (Drivers' Conduct Code)
Motor-vehicle drivers and accompanying persons, when parking at a public parking lot (garage), shall observe the following provisions:
1. obeying the attendant's command to park in order;
2. not damaging parking facilities or equipment; and
3. not parking vehicles loaded with inflammable, explosive, poisonous, harmful or other dangerous or contraband goods.
Article 17 (Operation Registration and Filling of Temporary Parking Lots)
An operator that uses idle land to open a temporary business-nature parking lot shall, according to the provisions of Article 14 of these Procedures, go through the registration and filing formalities of commerce and industry, and of taxation.
Before going through the filing formalities, the operator shall, according to relevant provisions of the municipal competent transport administration, assess the fire control conditions of the parking lot and its impact on the traffic and the surroundings. In the process of assessment, the operator shall publicize the parking lot set-up scheme, and listen to the opinions of the establishments and residents that are around about the parking lot by means of talks. The assessment report and the opinions shall be submitted to the filing department along with the completion of the filing formalities.
The operator of a temporary parking lot shall observe the provisions of Items 1, 2, 3, 6, 7 and 8 of Article 15 of these Procedures.
Chapter IV Management of Curb-side Parking Areas
Article 18 (Set-up Principles and Scheme)
The set-up of curb-side parking areas shall be strictly put under total quantity control.
The set-up scheme of curb-side parking lots shall be prepared by the municipal and district/county public security transport administrative departments jointly with the competent transport administration and the construction administrative department according to the following principles:
1. meeting the requirement 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.
When preparing the set-up scheme for curb-side parking areas, the municipal and district/county public security transport administrative departments shall, jointly with the competent transport administration, listen to the opinions of the operators of public lots (garages) and other enterprises, public institutions, and residents in the surrounding areas.
The municipal and district/county public security transport administrative departments and competent transport administrations shall, according to the functions and duties as required, mark out parking stall signs, install curb-side parking signs, and publicize the parking fee rates and curb-side parking rules. Any other unit or individual shall not set up parking stalls on curbs (including passageways within streets, lanes and alleys) by means of installing parking locks or marking out signs.
Article 19 (Determination of Administrators)
The procedures for determining administrators of curb-side parking areas shall be separately formulated by the municipal competent transport administration.
Article 20 (Charging Modes)
Curb-side parking fees may be collected at time or frequency rate.
Where curb-side parking fees are collected at time rate, the method of progressive charge or time-limit parking may be adopted depending on road traffic conditions in the surrounding areas.
Article 21 (Charging Method)
Administrators of curb-side parking areas may collect parking fees by means of electronic meters or by manual type.
Article 22 (Management of Fees)
Curb-side parking fees belong in the category of the revenue of governmental departments and institutions, and shall be managed by separating the revenue and expenditure. All revenues shall be turned over in full to the public finance, and expenditures shall be appropriated by the finance department according to the approved budget.
Article 23 (Cancellation)
Where a curb-side parking area has any of the following cases, the municipal and district/county public security transport administrative departments shall, jointly with the competent transport administration, cancel the curb-side parking area and notify the construction administrative department:
1. The road traffic conditions have changed and curb-side parking has affected the normal traffic; and
2. Public parking lots (garages) around the road have been able to meet the parking demand; and
3. The cub-side parking area has a low use rate.
After cancellation of a curb-side parking area, the municipal or district/county public security transport administrative department and the competent transport administration shall have the original conditions of the road facilities restored in a timely manner.
Article 24 (Service Norms for Curb-side Parking)
The administrator of a curb-side parking area shall observe the provisions of Items 6 and 8 of Article 15 of these Procedures, implement the curb-side parking charge provision, and shall use parking meters in compliance with requirements.
The administrator of a curb-side parking area shall strengthen management over the attendants, establish a complaint acceptance mechanism, and handle the attendant's irregularities such as failure to collect fees as provided or failure to issue special fee receipts.
The attendants of a curb-side parking area shall pass the training and examination given by the municipal parking service trade association.
Article 25 (Conduct Norms for Curb-side Parking)
A motor-vehicle driver who parks at a curb-side parking area shall observe the following provisions:
1. observing the provisions of Article 16 of these Procedures;
2. paying parking fees as required; and
3. no parking beyond the time limit at a time-limit curb-side parking area.
A motor-vehicle driver who parks at a curb-side parking area with electronic meters shall put the payment voucher at a conspicuous position inside the front windscreen of the vehicle for check.
The information on vehicle drivers' failing to pay parking fees as required shall be included into this Municipality's personal credit rating system.
Chapter V Other Related Management
Article 26 (Management of Rates)
In respect of service charges for parking lots (garages) in this Municipality, market-regulating prices, government-guiding prices and government-set prices are charged respectively according to different nature and type.
Parking lots (garages) carrying out government-guiding prices and government-set prices shall determine the parking rates according to different regions and different parking times and on the principle of charging more for curb-side parking than for outside-road parking in the same region.
The types and parking rates of parking lots (garages) carrying out government-guiding prices and government-set prices shall be separately set by the municipal competent administrative department of price control jointly with the municipal competent administrative departments of finance and transport.
Parking lots (garages) for public traffic transfer shall carry out government-set prices, and shall enjoy the corresponding financial subsidies according to the provisions of the municipal competent transport administration and the municipal finance department.
Article 27 (Management of Receipts)
The operator of a public parking lot (garage), when collecting parking fees, shall use uniform receipts made under supervision of the municipal local tax department.
The administrator of a curb-side parking area, when collecting parking fees, shall use special fee receipts made under supervision of the municipal or district/county finance department.
Where the operator of a public parking lot (garage) or the administrator of a curb-side parking area fails to issue a uniform receipt or special fee receipt as required, the motor vehicle drivers may refuse to pay parking fees.
Article 28 (Management by Information Technology)
This Municipality practices the public parking information system networking management.
The municipal and district/county competent transport administrations shall organize the building of the public parking information system according to unified norms, and shall, by websites, parking guidance signs and such other means, provide the public with such information as the location of parking lots (garages) and the remaining number of parking stalls.
Operators of public parking lots (garages) and administrators of curb-side parking areas shall, according to relevant provisions and norms, input their parking information in the citywide public parking information system.
Provisions and relevant norms on the networking management of the public parking information system shall be formulated by the municipal competent transport administration jointly with relevant departments.
Article 29 (Statistics)
The operator of a public parking lot (garage) and the administrator of a curb-side parking area shall, according to the provisions, submit accurate statistical data to the municipal competent transport administration or to the road transport administrative agency as provided in the Provisions of Shanghai Municipality on Road Transport Administration.
The proprietor or his or her entrusted administrator of a special-purpose parking lot (garage) shall, according to the provisions, declare the number of stalls of the parking lot (garage).
Article 30 (Appropriation of Special-purpose Parking Lots (Garages)
During major activities in this Municipality, when public parking lots (garages) can not meet the parking demands of the general public, proprietors or their entrusted administrators of special-purpose parking lots (garages) shall, as required by the municipal competent transport administration, under conditions of satisfying their own parking demands, open their parking lots (garages) to the public.
Article 31 (Parking Resources Sharing in Use)
The municipal competent transport administration shall, jointly with the municipal administrative departments of public security transport, housing, and construction, formulate guiding opinions on parking resources sharing, and shall strengthen supervision and guidance.
The district/county people's government shall organize the district/county administrative departments of transport, public security transport, housing, and construction to establish a coordination system for parking resources sharing, formulate its own district's/county's plan for parking resources sharing, and promote the staggering use of parking resources within its own district/county.
The town/township people's government or sub-district office shall, according to the district's/county's plan for parking resources sharing and the parking demand and parking stall resources within its own town/township or sub-district, mark out the shared regions, and organize and guide the residents' committees, proprietors' committees and relevant units within the shared regions to negotiate for formulating the parking lot (garage) resources sharing schemes of their regions and to sign sharing agreements. The sharing schemes and sharing agreements shall define such contents as the motor vehicles sharing the parking resources, the shared stalls, the parking rates, time limit and self-discipline norms and the handling of violations of such norms.
Article 32 (Set-up of Curb-side Parking Areas for Different Time Periods)
For a residential quarter with conspicuous contradictions between parking stalls and parking demands, if its surrounding roads have the condition of parking during certain time periods such as at night, the town/township people's government or the sub-district office may propose a curb-side parking scheme, and curb-side parking areas for certain time periods may be set up after such scheme is approved by the district/county administrative departments of public security transport, transport, housing, and construction. The curb-side parking scheme shall include such contents as the time periods and the scope of motor vehicles allowed for parking, the parking rates, and the handling of violations of rules.
Where a motor vehicle is parked overtime in a curb-side parking area for certain time periods, the municipal and district/county public transport administrative departments shall make handling according to the State's and this Municipality's provisions on road traffic safety.
Chapter VI Legal Liability
Article 33 (Administrative Penalties)
The municipal and district/county competent transport administrations shall punish the violations of these Procedures according to the following provisions:
1. An operator of a public parking lot (garage) who violates the provisions of Article 14 of these Procedures, failing to fulfill the filing obligation shall be ordered to make correction within a prescribed time limit. A fine of not less than 200 yuan and but not more than 2,000 yuan shall be imposed for failure to make correction within the time limit.
2. An operator of a public parking lot (garage) who violates the provisions of Items 1, 2, 4, 5, 6, 7, or 8 of Article 15 of these Procedures, failing to observe relevant service norms is liable to a fine of not less than 200 yuan and but not more than 2,000 yuan.
3. An administrator of a curb-side parking area who violates the provisions of Clause 1 of Article 24 of these Procedures, failing to observe relevant service norms is liable to a fine of not less than 200 yaun and but not more than 2,000 yuan.
4. A motor vehicle driver who violates the provisions of Clause 1 of Article 25 of these Procedures, failing to pay parking fees as provided or parking overtime is liable to repayment of the parking fees as well as to a fine of not less than 50 yuan and but not more than 300 yuan. If the motor vehicle driver cannot be identified, the vehicle owner may be required to notify the violator to be handled in the designated place within the prescribed time limit.
5. A motor vehicle driver who violates the provisions of Clause 2 of Article 25, failing to put up the receipt as provided is liable to a fine of not less than 20 yuan and but not more than 50 yuan.
6. An operator of a public parking lot (garage) or an administrator of a curb-side parking area who violates the provisions of Clause 3 of Article 28 of these Procedures, failing to bring the parking information into citywide public parking information system as provided is liable to a fine of not less than 1,000 yuan and but not more than 10,000 yuan.
7. An operator of a public parking lot (garage), an administrator of a curb-side parking area, a proprietor or his or her entrusted administrator of a special-purpose parking lot (garage) who violates the provisions of Article 29 of these Procedures, failing to submit accurate statistical data or failing to declare the number of stalls of the parking lot (garage) as provided is liable to a fine of not less than 300 yuan and but not more than 3,000 yuan.
If any person, in violation of the provisions of Clause 1 of Article 13 of these Procedures, arbitrarily diverts a separately-constructed public parking lot (garage) to some other purpose, the municipal or district/county competent transport administration shall impose a fine of not less than 30,000 yuan and but not more than 100,000 yuan thereon; a person who arbitrarily diverts a parking lot (garage) constructed as auxiliary facilities of a public building or residential quarter to some other purposes shall be handled according to the State's and this Municipality's provisions on property management.
Article 34 (Entrusted Imposition of Administrative Penalties)
The municipal and district/county competent transport administrations may entrust the transport administrative law enforcement agencies under their jurisdiction to enforce the administrative penalties set out in these Procedures.
Article 35 (Handling of Obstruction)
A person who violates the Regulations of People's Republic of China on Public Security Administration and Imposition of Punishment obstructing a law-enforcer in the performance of his or her official duties shall be handled by the public security department according to law; if the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law.
Chapter VII Supplementary Provisions
Article 36 (Operational Management of Special-purpose Parking Lots)
Special-purpose parking lots that offer business-nature parking services to the public shall follow the provisions of these Procedures governing public parking lots (garages).
Article 37 (Definitions of Relevant Terms)
The meaning of relevant words in these Procedures:
1. "Public parking lot (garage)" means the business-nature motor-vehicle parking place built according to planning and as auxiliary facilities of public buildings.
2. "Parking lot (garage) for public traffic transfer" means the public parking lot (garage) that is set up near a public transport hub to guide and encourage by low parking fees motor vehicle drivers to park and transfer to public traffic to reach their destinations.
3. "Curb-side parking area" means the motor-vehicle parking space set up inside a road.
4. "Special-purpose parking lot (garage)" means the parking place for motor vehicles of an establishment and a residential quarter as well as for private car stalls.
Article 38 (Effective Date)
These Procedures shall be effective as of January 1, 2013. The Procedures of Shanghai Municipality on the Administration of Parking Lots (Garages) promulgated by Decree No. 44 of Shanghai Municipal People's Government on January 10, 2005 shall be repealed simultaneously.