北京市机动车停车管理办法

(Promulgated by Decree No. 252 of the People’s Government of Beijing Municipality on November 18, 2013)

Article 1 These Measures are formulated for the purposes of strengthening the administration of motor vehicle parking, regulating the order of parking, improving the level of parking services, promoting the improvement of urban traffic environment and guiding the green commuting of the public in accordance with relevant laws and regulations and in light of the actual circumstances of this Municipality.

Article 2 These Measures shall apply to the planning, set-up, use and management of parking lots as well as the administration of motor vehicle parking within the administrative area of this Municipality.
Other relevant provisions of the State and this Municipality shall apply to the planning, construction and management of special parking lots for vehicles of public transport, road passenger and freight transport as well as the administration of parking of vehicles transporting hazardous chemicals.

Article 3 As used in these Measures, the term “parking lots” refers to the places for motor vehicle parking, including independently built parking lots, accessory parking lots and temporary parking lots.
The term “independently built parking lots” refers to the places for motor vehicle parking that are independently built as planned and open to the public.
The term “accessory parking lots” refers to the places for motor vehicle parking built accessory to public buildings or residential quarters.
The term “temporary parking lots” refers to the places for motor vehicle parking that are temporarily set up, including the road parking berths and the parking lots set up by using neighborhood roads, hutongs, land to be developed and temporarily unused spaces.

Article 4 The motor vehicle parking is a static traffic system. Motor vehicle parking lots shall be constructed in an overall planned way, differentiated management shall be adopted and the pattern dominated by accessory parking lots, supplemented by independently built parking lots and complemented by temporary parking lots shall be gradually formed.
This Municipality encourages diversified social forces to participate in the construction of parking lots and encourages social units to open their parking lots to the public.

Article 5 The administrative department for traffic at the municipal level shall be in charge of the parking administration in this Municipality, responsible for organizing the formulation of relevant policies of this Municipality on the administration of motor vehicle parking, and together with relevant departments, carry out comprehensive coordination, inspection, guidance, supervision and examination of the administration work of motor vehicle parking.
The administrative departments for development and reform shall be responsible for project approval, ratification and registration of independently built parking lots in this Municipality, make overall arrangements on construction funds for projects with government investment, formulate the charging standards for motor vehicle parking, and carry out supervision and inspection of the implementation of such charging standards.
The traffic management departments of public security organs shall be responsible for the administration of road parking order and set-up of road parking berths.
The administrative departments for planning, housing and urban-rural construction, finance, State-land and resources, quality and technical supervision, administration of industry and commerce, taxation, civil defence, comprehensive law enforcement in urban management, etc. shall, in accordance with law, be responsible for the work related to the administration of motor vehicle parking according to their respective functions and duties.

Article 6 The people’s governments at the district or county level shall be responsible for overall planning and coordination of the planning, set-up and management of parking lots as well as the administration of motor vehicle parking within their respective administrative areas. The departments for parking administration at the district or county level shall be responsible for the specific work in the administration of motor vehicle parking within their respective administrative areas.
The sub-district offices and the people’s governments at the township or town level shall, under the leadership of the people’s governments at the district or county level, bring success to the parking administration within the areas under their jurisdiction, and guide residents’ committees and villagers’ committees to carry out self-management of motor vehicle parking by such means as setting up parking management committees within the areas under their jurisdiction in accordance with law.

Article 7 The administrative department for traffic at the municipal level shall, together with the administrative departments for planning, etc. at the municipal level, according to the urban overall planning and urban planning on comprehensive traffic system and in combination with the needs of urban construction and development as well as road traffic safety management, organize the formulation of special planning for parking lots, connect such special planning with regulatory detailed planning, and implement such special planning after obtaining approval in accordance with law.
The special planning for parking lots shall determine the general development strategy, parking lots supply system and guiding policies for urban parking, make overall arrangements on ground and underground space resources and layout, clarify the time order of construction, and closely connect parking lots with urban traffic hubs and interchange stations of urban rail transit.
The people’s governments at the district or county level shall, in accordance with the special planning for parking lots of motor vehicles of this Municipality, formulate the implementation plans in their respective administrative areas and organize the implementation of such plans.

Article 8 Park-and-ride parking lots and public welfare parking lots constructed to improve traffic management order are urban traffic infrastructure, their construction land shall be allocated, and they shall be constructed and managed by means of government leadership, social participation and enterprise operation.
As to the parking lots independently built in hospitals, government agencies, museums, exhibition centers, universities, colleges, primary and secondary schools, kindergartens whose land is supplied by allocation and in land for public service facilities, their construction land shall be allocated.

Article 9 This Municipality encourages units and individuals to develop and build public parking lots by using underground space resources.
When selecting separate sites to construct parking lots by developing and utilizing the underground space resources of health, education, cultural and sports facilities as well as roads, squares and greenbelts, the development units shall carry out the safety argumentation, solicit the opinions of the owners of ground facilities, and put forward the development schemes, and the administrative department for traffic at the municipal level or the department for parking administration at the district or county level shall, together with the administrative departments for development and reform, planning, State-land and resources, housing and urban-rural construction, municipal administration and city appearances, civil defence, landscaping and afforestation, etc., handle the corresponding formalities in accordance with law according to the principle of encouraging such development.
The parking lots constructed in accordance with the provisions in the preceding paragraph shall measure up to relevant construction standards and norms of the State and this Municipality, and shall not affect the use functions and safety of roads, squares, greenbelts and original facilities.

Article 10 Accessory parking lots for motor vehicles shall be constructed in a newly constructed, reconstructed or expanded public building or residential quarter in accordance with relevant provisions of the State and this Municipality as well as planning indexes. The accessory parking lots shall be simultaneously designed, constructed, accepted and delivered for use with the main works.
As to the new construction, reconstruction or expansion projects at core areas of this Municipality, the administrative departments for planning shall take comprehensive consideration of the parking demand of residents in such areas, and encourage the development units to use underground spaces for constructing additional parking lots on the basis of indexes for accessory parking lots. The development units shall open the additional parking lots to the neighboring residents.

Article 11 Where the accessory parking lots of existing residential quarters can not satisfy the parking demand of property owners, the spaces commonly owned by property owners may be used to set up temporary parking lots in an overall planned way with the consent of property owners in accordance with the provisions on property management; as to the residential quarters without such spatial conditions, the people’s governments at the district or county level may organize relevant departments to set up temporary parking lots on neighborhood roads or in hutongs around such residential quarters in accordance with relevant provisions.

Article 12 In the areas where the parking demand of residents can not be satisfied, the people’s governments at the district or county level may organize relevant units to set up temporary parking lots by using such places as land to be developed, unused factory premises or open spaces at corners.
The set-up of temporary parking lots shall not occupy passages for fire engines as well as such municipal infrastructure as inspection shafts of underground pipelines, hamper the normal use of fire-fighting facilities and municipal infrastructure and affect the construction progress of approved development projects.

Article 13 In the set-up of parking lots, the standards and design norms of the State and this Municipality for setting up parking lots shall be measured up to, and the barrier-free parking berths shall be set up in accordance with relevant standards. In the set-up of stereoscopic parking equipment, relevant provisions on special equipment shall be measured up to. Within 10 days after the set-up of parking lots, the units setting up such parking lots shall report the information about parking spaces to the departments for parking administration at the district or county level.
Where any parking lot is open to the public with charges, the parking guidance system and parking guidance signs shall be set up in it as accessories.

Article 14 No unit or individual shall, without authorization, stop the use of any parking lot or use any parking lot for other purposes, unless the use of any temporary parking lot is stopped to realize the originally planned purpose.
Where the use of any temporary parking lot is stopped, the management unit of the parking lot shall make public announcements one month before stopping the use, and handle relevant formalities at relevant departments.

Article 15 This Municipality shall establish a uniform information management and disclosure system for parking lots, number the parking berths, carry out dynamic management of information about parking lots, and realize real-time disclosure of such information about parking lots open to the public as their locations, using conditions and amount of berths.
The people’s governments at the district or county level shall, based on the management and disclosure system for dynamic information about parking lots in this Municipality, build regional parking guidance facilities and be responsible for their operation, maintenance and management.
Where any parking lot is open to the public with charges, its parking guidance system built as an accessory shall be connected with the local regional parking guidance facilities, unless a unit opens its accessory parking lot to the public.

Article 16 The charging for parking in this Municipality shall follow the principle of higher charges in core areas than that in outskirts areas and higher charges for road parking than that for off-road parking. The specific division of areas and standards shall be determined by the administrative department for development and reform at the municipal level together with the administrative department for traffic at the municipal level, and be implemented after being approved by the Municipal People’s Government.
When any temporary parking lot is set up on neighborhood roads or in hutongs around a residential quarter and residents park their vehicles in it with valid certificates, the charging standards for outdoors parking lots in residential quarters shall apply to such temporary parking, or monthly or annual rent of parking space.
The administrative department for development and reform at the municipal level shall, together with the administrative departments for traffic, and housing and urban-rural development at the municipal level, formulate the measures to regulate the charging of underground parking lots in residential quarters and improve the utilization rate of underground parking lots in residential quarters.

Article 17 The accessory parking lots in residential quarters shall preferentially satisfy the parking demand of property owners. Where charges are collected for parking, relevant provisions on price administration shall apply, and the service contents stipulated in Items (1), (2), (5) and (8), Paragraph 1 of Article 21 of these Measures shall be publicized.

Article 18 This Municipality encourages units and residential quarters to open their accessory parking lots to the public under the premise of satisfying their own parking demand; encourages units with relevant conditions to open their accessory parking lots to the public in non-office hours; and encourages units and individuals to adopt staggered parking hours.
Where any accessory parking lot is open to the public in accordance with the provisions in the preceding paragraph, the charges for parking may be collected from social vehicles according to the approved prices, but the provisions in Paragraph 2 of Article 13 of these Measures shall not apply.

Article 19 Where any unit or individual adopts staggered parking hours, the management unit of the parking lot shall render support and cooperation, and provide conveniences to the parkers.
Any parker parking his vehicle in staggered parking hours in the accessory parking lot of any unit shall park as to the agreed period; where he refuses to drive away his vehicle beyond the agreed period resulting in affecting the normal operation of the parking lot, the parking lot shall be entitled to terminate the agreement on staggered parking hours.

Article 20 Where any parking lot is open to the public with charges, its management unit shall handle the formalities for industrial and commercial registration, tax registration, price approval and price signboard numbering in accordance with law, and be filed for the record at the department for parking administration at the district or county level within 15 days after the industrial and commercial registration.
The following materials shall be submitted when being filed for the record:
(1) the registration certificate of legal person and its duplicate;
(2) the agreement for entrusted operation in the case of entrusted operation;
(3) the documents for completion acceptance upon check;
(4) the plan sketch and orientation chart of parking berths;
(5) the checklist of equipment in the parking lot in conformity with relevant provisions;
(6) the systems for operation, service and safety management, and the emergency response plan, etc.; and
(7) the construction technology instructions, and the management and operation plan for the parking guidance system.
The materials to be submitted for the filing for the record of any parking lot set up in accordance with the provisions of Article 11 and Paragraph 1 of Article 18 of these Measures shall not include Items (3), (5) and (7) in the preceding paragraph.

Article 21 Where any parking lot is open to the public, its management unit shall abide by the following provisions:
(1) to clear indicate its name, service items, charging standards, number of parking berths and complaint hotlines at a conspicuous place;
(2) to collect charges according to the approved prices, and issue special invoices;
(3) to set up complete signs and marks of parking facilities, provide exact guidance to the parkers and provide necessary services to persons with disability;
(4) to direct the entrance, exit and parking of vehicles in sequence, and maintain the parking order;
(5) to formulate the management systems for vehicle parking, security, fire protection and environmental sanitation, etc.;
(6) to carry out professional trainings and assessment of parking managers;
(7) not to carry out other operational activities affecting the safe parking of vehicles in the parking area;
(8) to establish the complaint handling system; and
(9) other relevant norms and standards of the State and this Municipality on parking management services.
The parking lots in downtown areas open to the public with charges shall be open 24 hours a day, except for temporary parking lots with time limit in accordance with relevant provisions.

Article 22 The administrative department for traffic at the municipal level and the departments for parking administration at the district or county level shall carry out the quality and credit assessment on the operation services of parking lots open to the public, and the assessment results shall be publicized to the society.

Article 23 The traffic management departments of public security organs may set up and adjust road parking berths according to the road traffic conditions and the parking demand of neighboring areas, and make public announcements.
Except for the circumstances stipulated in the preceding paragraph and Article 11 of these Measures, no other unit or individual may set up or adjust road parking berths on urban roads without authorization.

Article 24 The department for parking administration at the district or county level shall enter into agreements with the management units of road parking berths. The agreements shall include such contents as the rights and obligations of both parties as well as the term and the circumstances under which such agreements may terminate.
Where any management units of road parking berths falls in any one of the following circumstances, the departments for parking administration at the district or county level may terminate the agreements:
(1) involving in disputes on service quality resulting in bad influences;
(2) failing to provide services as to the originally promised standards;
(3) failing to pay the road occupation fee in full amount on time;
(4) being unqualified in the quality and credit assessment;
(5) carrying out releasing, sub-contracting or affiliated operation without authorization;
(6) committing illegal behaviors repeatedly and refusing to make corrections;
(7) other behaviors agreed upon by both parties for termination of the agreements; or
(8) other circumstances stipulated by laws or regulations.

Article 25 The administrative department for traffic at the municipal level and the departments for parking administration at the district or county level shall adopt electronic timing charge for parking in road parking berths in a planned manner.

Article 26 The traffic management departments of public security organs may install such facilities as isolation cones on roads according to the actual situation of roads and the demand for maintaining traffic order, and no other unit or individual may damage, remove or demolish such facilities.

Article 27 No unit or individual may, without authorization, set up such obstacles as ground piles or locks on roads or in other public areas hindering the parking and passage of motor vehicles, or set up ground piles or locks at parking places without ownership; property service enterprises shall make clear such requirements in property management agreements and parking space leasing agreements.
When discovering the set-up of such obstacles as ground piles or locks on roads without authorization, any unit or individual may be entitled to stop and report such behaviors.

Article 28 Motor vehicles shall be parked in parking lots without exceeding the stipulated time limit.
Parkers parking motor vehicles in parking lots shall abide by the following provisions:
(1) following the guidance;
(2) parking the vehicles into the parking berths with no part of the vehicles beyond the parking berths;
(3) ensuring the parking braking;
(4) not damaging the parking equipment;
(5) paying charges for parking as stipulated; and
(6) not hindering the normal passage of other vehicles or passengers when going into or out of parking lots or parking berths.
Where any parker fails to abide by the provisions in Paragraph 2 of this Article, the management unit of the parking lot shall be entitled to dissuade him; where any damage is caused, the management unit of the parking lot may bring a lawsuit in accordance with law. The parkers shall be entitled to complain and report any illegal behaviors in parking management.

Article 29 Where any large-scale mass activity is to be held, the organizer shall coordinate with the parking lots in neighboring areas to provide parking services, and indicate the public transport lines, driving routes and locations of parking lots in neighboring areas on tickets; where the parking space is unable to satisfy the parking demand, the organizer shall remind the participants to choose public transport to the site of the activity on tickets and other publicity media.
Where the holding of any large-scale mass activity needs the traffic management departments of public security organs to take traffic control measures, the traffic management departments of public security organs shall make public announcements three days before taking traffic control measures. Where the neighboring roads have the conditions, the traffic management departments of public security organs may set up a certain amount of temporary parking berths on roads around the site of the activity.

Article 30 The management units of interchange stations for passenger transport, hospitals and other public places with huge passenger flow shall set up parking berths for taxis. Where the neighboring roads have the conditions, the traffic management departments of public security organs shall set up the special parking berths for taxis on roads around the aforesaid public places, which shall not be occupied by other vehicles.

Article 31 Those, in violation of the provisions of Article 14 of these Measures, stopping the use of parking lots or using parking lots for other purposes without authorization shall be ordered by the departments for comprehensive law enforcement in urban management to make corrections within a specified time limit and restore them to the original state.

Article 32 Those, in violation of the provisions of Paragraph 1 of Article 20 of these Measures, arbitrarily engaging in the operation of parking lots without handling the formalities for industrial and commercial registration shall be handled by the department for comprehensive law enforcement in urban management or the department for industrial and commercial administration within their respective functions and duties in accordance with the Measures for Investigating, Punishing and Banning Unlicensed Business Operations.
Any management units of parking lots, in violation of the provisions of Paragraph 1 of Article 20 of these Measures, failing to file their parking berths for the record as stipulated shall be fined 10,000 Yuan by the departments for comprehensive law enforcement in urban management.

Article 33 Any management units of parking lots, in violation of the provisions of Item (1) or (2), Paragraph 1 of Article 21 of these Measures, failing to clear indicate the prices, or raising or lowering the charging standards without authorization shall be handled by the administrative departments for development and reform in accordance with law.
Those, in violation of the provisions of Item (3), (4), (6), (7), (8) or (9), Paragraph 1 of Article 21 of these Measures, shall be given a warning and ordered to make corrections within a specified time limit by the departments for comprehensive law enforcement in urban management; those failing to make corrections within the specified time limit shall be fined 1,000 Yuan; where serious consequences are caused, a fine of not less than 5,000 Yuan but not more than 10,000 Yuan shall be imposed.
Article 34 Any parking lots, in violation of the provisions of Paragraph 2 of Article 21 of these Measures, failing to be open 24 hours a day shall be ordered to make corrections within a specified time limit and may be fined not less than 5,000 Yuan but not more than 10,000 Yuan by the departments for comprehensive law enforcement in urban management.

Article 35 Those, in violation of the provisions of Paragraph 2 of Article 23 of these Measures, setting up or adjusting road parking berths on urban roads without authorization shall be ordered by the traffic management departments of public security organs to stop the illegal behaviors and restore the roads to the original state.

Article 36 Those, in violation of the provisions of Article 26 of these Measures, damaging, removing or demolishing such facilities as isolation cones shall be punished by the traffic management departments of public security organs in accordance with law.

Article 37 Those, in violation of the provisions of Article 27 of these Measures, setting up such obstacles as ground piles or locks on roads without authorization shall be ordered to stop the illegal behaviors and rapidly resume the traffic by the traffic management departments of public security organs; those setting up such obstacles as ground piles or locks in the public areas of residential quarters without authorization shall be punished by the administrative departments for housing and urban-rural construction in accordance with relevant provisions of the Regulations on Property Management; those setting up such obstacles as ground piles or locks in other public places beyond roads and residential quarters without authorization shall be ordered to stop the illegal behaviors and restore the places to the original state and fined not less than 500 Yuan but not more than 5,000 Yuan simultaneously by the departments for comprehensive law enforcement in urban management.

The traffic management departments of public security organs shall, jointly with the departments for comprehensive law enforcement in urban management, make specific division of their respective functions and duties on roads and in other public places beyond roads and residential quarters; those setting up such obstacles as ground piles or locks without authorization in the public places whose jurisdiction is not clearly determined shall be handled first by the traffic management departments of public security organs in accordance with the provisions of Paragraph 1 of this Article.

Article 38 Where the arbitrary set-up of such obstacles as ground piles or locks falls in any one of the circumstances stipulated in Article 52 of the Administrative Compulsion Law of the People’s Republic of China, relevant departments may decide to immediately carry out law enforcement on behalf of the parties concerned.

Article 39 Those, in violation of the provisions of Paragraph 1 of Article 28 of these Measures, failing to park motor vehicles on roads as stipulated shall be punished by the traffic management departments of public security organs in accordance with law.

Article 40 Where any violation of these Measures is also the violation of other relevant laws or regulations on planning, construction, taxation, quality supervision, civil defence and fire protection, it shall be handled by relevant competent administrative departments in accordance with law.
During the investigation and punishment of illegal behaviors, the administrative departments shall transfer the cases suspected involving crimes to the public security organs as stipulated.
Any violation of these Measures involving such behaviors against the administration of public security as disturbing pubic order, going about and deceiving people, practicing frauds or obstructing public functions carried out shall be handled by the public security organ in accordance with the Law of the People’s Republic of China on Penalties for Administration of Public Security; where a crime is constituted, criminal liability shall be investigated for in accordance with law.

Article 41 Where any administrative agency fails to perform its supervision duty or exercises insufficient supervision in parking administration causing serious consequences, its superior administrative agency or supervisory organ shall order it to make corrections and give administrative sanctions to the directly responsible person in charge and other directly responsible person; where a crime is constituted, criminal liability shall be investigated for in accordance with law.
Where any functionary of administrative agencies abusing his power, neglecting his duties, committing illegalities for personal gains or by fraudulent means, asking for and taking bribes constitutes a crime, he shall be investigated for criminal liability in accordance with law; where the circumstances are not serious enough for criminal penalty, he shall be given an administrative sanction in accordance with law.

Article 42 These Measures shall be effective as of January 1, 2014. The Measures of Beijing Municipality for Administration of Public Motor Vehicle Parking Lots adopted at the 33rd Executive Meeting of the People’s Government of Beijing Municipality on March 28, 2001 shall be repealed simultaneously.