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Regulations of Shanghai Municipality on the Safety Administration of Non-motor-powered Vehicles

06-16-2021

Regulations of Shanghai Municipality on the Safety Administration of Non-motor-powered Vehicles were adopted at the 29th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on February 26, 2021, and are hereby promulgated. They shall be effective as of May 1, 2021.

Standing Committee of Shanghai Municipal People’s Congress

February 26, 2021


Regulations of Shanghai Municipality on the Safety Administration of Non-Motor-Powered Vehicles

(Adopted at the 29th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on February 26, 2021)


Chapter I  General Provisions

Article 1 With a view to strengthening the safety administration of non-motor-powered vehicles and preventing and reducing traffic accidents, fire and other accidents to protect the life and property safety of the people, these Regulations are formulated in accordance with the Law of the People’s Republic of China on Road Traffic Safety, the Law of the People’s Republic of China on Product Quality, the law of the People's Republic of China on Fire Fighting and Prevention, the Regulations of the People’s Republic of China on the Implementation of the Law on Road Traffic Safety

and other relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.

Article 2 These Regulations apply to the production, sales, registration, driving, parking, charging and related safety administration activities of non-motor-powered vehicles within the jurisdiction of this Municipality.

Article 3 The safety administration of non-motor-powered vehicles shall be implemented on the principles of controlling sources, combining preventive and governing measures, and ensuring safety with joined forces.

Article 4 The Municipal People’s Government shall strengthen the leadership over the safety administration of non-motor-powered vehicles in this Municipality, establish a coordination and supervision system, and guarantee the funding for the administration.

The district people’s governments shall strengthen the leadership over the safety administration of non-motor-powered vehicles within their jurisdiction, coordinate, supervise and guide relevant departments, town/township people’s governments and sub-district offices to perform the responsibilities of safety administration of non-motor-powered vehicles in accordance with the law, and include relevant funds into their financial budget.

Town/township people’s governments and sub-district offices shall implement administrative measures such as the publicity and education on non-motor-powered vehicles safety as well as regulation of the vehicles’ parking and safe charging within their jurisdiction, and promote communities to participate in the comprehensive management of non-motor-powered vehicles.

Article 5 The public security organ shall be responsible for the implementation of these Regulations and responsible for the specific administration of non-motor-powered vehicles’ registration and driving in accordance with the law.

The market regulation department shall be responsible for the supervision and administration of the production and sales of non-motor-powered vehicles and related products.

The traffic and road transportation administration department shall be responsible for the planning, construction and administration of transportation facilities for non-motor-powered vehicles, as well as the supervision and administration of the online bike rental industry.

The postal administration department shall be responsible for guiding and supervising the express delivery sector to perform its responsibilities for safety administration of non-motor-powered vehicles.

The commerce department shall be responsible for guiding and supervising the e-commerce platform companies in the food delivery industry to perform their responsibilities for safety administration of non-motor-powered vehicles; the market regulation department shall be responsible for guiding and supervising other relevant companies in the food delivery industry to perform their responsibilities for safety administration of non-motor-powered vehicles.

The fire fighting and rescue agency shall be responsible for the supervision and control over the parking and charging of non-motor-powered vehicles in violation of the provisions on the fire safety administration.

Other departments such as planning and natural resources, housing and urban-rural development administration, ecology and environment, urban management and law enforcement, and development & reform shall perform their respective responsibilities for safety administration of non-motor-powered vehicles.

Article 6 Organizations of non-motor-powered vehicle-related industries in this Municipality shall improve their self-regulation, lead the formulation of self-discipline conventions for their respective industry, guide, coordinate and supervise their member units to engage in production and sales of non-motor-powered vehicles in accordance with the law or to safely use non-motor-powered vehicles in their business activities.

Article 7 In accordance with the traffic development requirements of urban roads and the actual conditions of the ecological environmental protection in this Municipality, measures such as total number control or elimination shall be taken for specific types of non-motor-powered vehicles. The Municipal People’s Government shall formulate the specific measures.

Article 8 The departments of public security, commerce, market regulation, traffic, road transportation, postal administration, fire fighting and rescue, and urban management and law enforcement shall establish a mechanism for sharing information and coordinating law enforcement, and strengthen the safety administration of non-motor-powered vehicles through measures including information disclosure, joint law enforcement and case transfer.

Article 9 While doing their non-motor-powered vehicle administration work, the people’s governments at all levels and their relevant administrative departments shall carry out publicity and education on laws, rules and regulations relating to road traffic safety and fire safety to raise the safety awareness and good quality of the public.

State organs, enterprises, public institutions, and social organizations within the administrative region of this Municipality shall strengthen the publicity and education of safety knowledge of non-motor-powered vehicles for their employees.

Newspapers, radio, television, Internet information service providers, etc. shall promote nonprofit publicity on laws, rules and safety knowledge relating to the non-motor-powered vehicles administration.


Chapter II  Vehicle Administration

Article 10 Non-motor-powered vehicles as well as batteries and chargers for electric bicycles produced and sold in this Municipality shall comply with relevant national standards.

Article 11 Electric bicycle manufacturers and importers shall, in accordance with relevant provisions of the State, entrust a certification agency designated by the State to carry out compulsory product certification for the electric bicycles they produce or import.

Electric bicycles without compulsory product certification shall not be sold and registered in this Municipality.

Article 12 Units and individuals are prohibited from the following acts:

1. self-assembling non-motor-powered vehicles;

2. adding a power unit such as a battery, or electric motor, a seat, an umbrella, a hood or a high-decibel stereo system to a non-motor-powered vehicle;

3. changing the size of the exhausting device of a non-motor-powered vehicle or using batteries not in line with the starter’s rated voltage as a replacement, or arbitrarily changing its power unit such as the electric motor;

4. dismantling or changing devices of silencer, speed-beep, speed-limiting, or tail gas treatment of a non-motor-powered vehicle; or

5. other acts of adding to or changing a non-motor-powered vehicle that change its approved technical parameters and affect its traffic safety.

Non-motor-powered vehicles of assembly, addition and change are prohibited from sale.

Article 13 The following types of non-motor-powered vehicles shall register at the municipal public security organ before obtaining the non-motor-power vehicle plate and driving license:

1. electric bicycles;

2. disabled motorized (electric) wheelchairs;

3. man-power tricycles; and

4. other non-motor-powered vehicles that shall be registered for a plate/license as provided for by the Municipal People’s Government.

A system of voluntary registration is adopted for bicycles and disabled hand-cranking wheelchairs, and where the owner applies for registration and plates, the public security organ shall accept and process the application.

Article 14 The owner of a non-motor-powered vehicle prescribed in Paragraph 1 of Article 13 of these Procedures shall, within 15 days from the date of purchasing the vehicle, apply to the public security organ for registration and the plate/license.

For electric bicycles used for online delivery activities such as express delivery and food delivery, the public security organ shall issue special plates. Where an electric bicycle is used or stopped to be used for online delivery activities such as express delivery and food delivery, the owner of the electric bicycle shall alter its registration.

Where registered and licensed non-motor-powered vehicles are stolen, lost, missing or no longer used, the owners of these vehicles shall apply to the public security organ for cancellation of the registration.

The public security organ shall supervise the manufacture of non-motor-powered vehicle plates in a unified manner. No fees are charged to the owners of non-motor-powered vehicles, since the expenses for license plates are listed in the fiscal budget at the same level.

The specific provisions on the registration of non-motor-powered vehicles shall be separately formulated by the municipal public security organ.

Article 15 The public security organ shall make public the conditions, procedures, materials required, and the model text of application form of non-motor-powered vehicle registration, and provide convenience for citizens to undertake the non-motor-powered vehicle registration by taking such measures as setting up additional registration places, simplifying the handling procedures, and online processing.

Article 16 Electric bicycles with special plates shall undergo safety technical inspections every five years from the date of registration. The public security organ shall inspect the safety performance of electric bicycle brakes and power units; where a vehicle does not meet the relevant safety technical standards for electric bicycles, the owner shall repair the vehicle. The specific procedures shall be separately formulated by the municipal public security organ.


Chapter III  Administration of Non-motor-powered Vehicles’ Driving

Article 17 The municipal traffic and road transport administration department shall, jointly with the municipal public security organ, the panning and natural resources department, etc., draw up development plans for non-motorized traffic, guide the planning and construction of regional non-motorized traffic and its supporting facilities, improve the systematic and uninterrupted non-motor-powered vehicle lane network, upgrade the settings of signs and index lines for non-motor-powered vehicles, and enhance the construction and administration of non-motor-powered vehicle lanes around rail transit stations.

The district people’s government shall prepare the layout planning of the supporting facilities for the non-motorized traffic system in its administrative area and organize the implementation.

Article 18 Where the conditions of the roads in this Municipality allow, motor vehicle lanes and non-motor-powered vehicle lanes shall be separated; where there are two or more motor vehicle lanes in the same direction and where the conditions allow, road isolation facilities or road isolation warning signs shall be set for motor vehicle lanes and non-motor-powered vehicle lanes. For rural roads where the conditions allow, non-motor-powered vehicle lanes shall be set along the outer edge of the roadbed.

For roads where heavy freight vehicles such as muck trucks and concrete mixer trucks pass frequently or where traffic accidents happen frequently, right-turn guide lines, warning zones or isolation facilities shall be set at the area where motor vehicles take right turns.

Article 19 The following non-motor-powered vehicles may drive on the roads:

1. electric bicycles, disabled motorized/electric wheelchairs, and man-power tricycles registered and licensed by the municipal public security organ.

2. bicycles and disabled hand-cranking wheelchairs that meet the state standards; and

3. other non-motor-powered vehicles that are permitted on roads as provided for by the Municipal People’s Government.

For a new vehicle that shall be registered and licensed, the driver may temporarily drive it within 15 days from the date of purchasing against the purchasing voucher.

Non-motor-powered vehicles other than those prescribed in the preceding two Paragraphs of this Article are prohibited from driving on roads.

Article 20 Those who drive a registered and licensed non-motor-powered vehicle on roads shall carry the driving license along with the vehicle, and shall install the non-motor-powered vehicle plate at a designated place of the vehicle according to the provisions, and keep the plate number clear and complete, and shall not intentionally cover, stain, invert or damage the plate.

Acts of forging or altering or using forged or altered non-motor-powered vehicle plates are prohibited. Acts of using the non-motor-powered vehicle plate of another vehicle are prohibited.

Special plates shall be mounted on electric bicycles engaged in online delivery activities such as express delivery and food delivery.

Article 21 Those who drive a non-motor-powered vehicle on roads shall observe the provisions of road-traffic-safety laws and rules concerning driving on roads, as well as the following provisions:

1. Safety facilities such as brakes and nighttime reflective devices shall be in good condition;

2. Drivers shall obey traffic signals;

3. A non-motor-powered vehicle shall go in the non-motor-powered vehicle lane; on a road without a designated non-motor-powered vehicle lane, bicycles and electric bicycles shall go within the range extending left 1.5 meters from the right curb, and disabled hand-cranking wheelchairs, disabled motorized/electric wheelchairs, and man-power tricycles shall go within the range extending left 2. 2 meters from the right curb;

4. Drivers shall not drive in the reverse direction;

5. No non-motor-powered vehicle is permitted to go in the car lanes except that it is legally permitted it to make use of the car lanes;

6. No non-motor-powered vehicle is permitted to go in areas such as expressways, urban expressways (including elevated roads, similarly hereinafter), cross-river tunnels and bridges where non-motor-powered vehicles are prohibited;

7. A non-motor-powered vehicle driver shall slow down when passing a pedestrian crossing, and shall stop to allow pedestrians on the crossing to pass; when passing a road without traffic signals, the driver shall yield to any pedestrian crossing the road;

8. Before making a turn, the driver shall slow down, put out his/her hand to signal, and switch on the turn signal light if there is one; to pass a vehicle ahead, the driver shall not hinder that vehicle’s driving;

9. Acts affecting the driving safety such as holding a cellphone to make a phone call or browsing on an electronic device are not allowed;

10. Non-motor-powered vehicles shall not be used to lead animals, or to tow any trailers carrying cargo or passengers;

11. At intersections, where non-motor-powered vehicles travel toward each other, the one turning right shall give way to the one tuning left.

Non-motor-powered vehicles of assembly, addition or change are prohibited from driving on roads.

No non-motor-powered vehicle is permitted to carry explosive goods, flammable and explosive chemicals, highly toxic materials, radioactive materials or other dangerous materials.

Article 22 In addition to the provisions of Article 21, the one who drives an electric bicycle or disabled motorized/electric wheelchair on a road shall observe the following provisions:

1. The driver shall be 16 years old or above;

2. Driver shall not drive over the speed limit specified by the State;

3. Driving at night or in low visibility conditions such as fog, rain, snow, dust storm and hail, the lighting devices shall be switched on;

4. The driver shall not make continual horns or honk for a long time;

5. Electric bicycle drivers and passengers shall wear safety helmets; and

6. Those without lower-limb disability shall not drive a disabled motorized/electric vehicle.

Article 23 This Municipality encourages drivers of non-motor-powered vehicles to take out a third-party liability insurance, bodily injury insurance, and property damage insurance.


Chapter IV  Parking and Charging Administration

Article 24 Each district people’s government shall, according to the norms for setting up non-motor-powered-vehicle roadside parking spots, draw up its own plan for setting up non-motor-powered-vehicle roadside parking spots, designate a special administrative department to fulfill the setting-up of non-motor-powered-vehicle roadside parking spots, and organize special management contingents to strengthen routine management of the non-motor-powered-vehicle roadside parking spots.

Article 25 At traffic convergence centers such as bus stations, rail transit terminals and port passenger stations, and at places with many people moving such as hospitals, schools, department stores, peddlers’ markets, pedestrian streets, cinemas and theaters, stadiums, exhibition buildings, and tourist spots, non-motor-powered vehicle parking facilities shall be designed and constructed as ancillary facilities in the planning and constructing stage in accordance with the standards; where the non-motor-powered vehicle parking facilities are not constructed as ancillary facilities, the owners or administrators shall set up special parking places for non-motor-powered vehicles, and designate special persons or entrust professional service agencies to manage these parking places.

Article 26 The municipal housing and urban-rural development department shall, jointly with relevant departments, organize to formulate construction standards of ancillary parking areas and charging facilities for non-motor-powered vehicles in residential quarters in this Municipality.

In newly built, rebuilt and extended residential quarters ancillary parking areas and charging facilities for non-motor-powered vehicles shall be planned and constructed in accordance with relevant standards.

In existing residential quarters, the municipal and district people’s governments shall increase investment in construction of parking areas and charging facilities for non-motor-powered vehicles, and promote the construction, renovation and expansion of parking areas (such as parking sheds in open ground) and charging facilities for non-motor-powered vehicles.

State agencies, enterprises, public institutions, and social organizations shall be encouraged to build, renovate and extend parking areas and charging facilities for non-motor-powered vehicles.

Article 27 When parking their non-motor-powered vehicles on roads, drivers shall use roadside parking spots for their non-motor-powered vehicles.

Where non-motor-powered vehicles are parked outside the roadside parking spots without drivers on site, blocking the passage of other vehicles and pedestrians, the public security organ may remove the vehicles jointly with the urban management and law enforcement department.

Article 28 Units along the street shall voluntarily regulate the parking of non-motor-powered vehicles in a standardized and orderly manner. No arbitrary parking of a non-motor-powered vehicle is permitted.

Units along the street have the right to dissuade non-motor-powered vehicle drivers from parking arbitrarily in the areas where they have the responsibility for city appearance and environmental sanitation, or to report the illegal act to the public security organ or the urban management and law enforcement department.

Article 29 To charge electric bicycles, the drivers shall ensure safety. Acts such as setting electric cables and sockets without permission to charge electric bicycles, in violation of the electricity safety requirements, are not permitted.

Non-motor-powered vehicles are not allowed to park or charge in common areas such as the first-floor foyers of buildings, shared corridors, stairwells or hallways, nor in evacuation passages, at emergency exits, in the passage of fire trucks, or either side of it which affects their driving, or in indoor places crowded with people.

House-owners’ conventions or committees shall be encouraged to guide the owners, through formulating management rules and agreements, to use centralized charging facilities to charge their electric bicycles.

Managers of non-motor-powered vehicle parking facilities, property service enterprises, house owners’ self-management organizations, and other organizations shall warn and dissuade people from acts in violation of Paragraph 1 or 2 of this Article; where the warning and dissuading is disregarded, the aforesaid organizations shall report to the urban management and law enforcement department or other departments responsible for supervision and administration of fire control. The urban management and law enforcement department or the department responsible for supervision and administration of fire control shall deal with the violation in accordance with the law.

In residential quarters, the owner or user of an electric bicycle shall deal with the alarm device with loud beeps in a timely manner to avoid continuous noise disturbing the normal life of others.

Article 30 The total number of online rental bicycles is regulated in this Municipality.

In the light of such factors as the space available, parking facilities resources and the features of travel demand in this Municipality, the municipal administration department of road transportation shall establish a regulatory and administrative mechanism to control the total number of online rental bicycles.

The municipal administration department of road transportation shall be responsible for establishing an information service platform for the online bicycle renting industry, shall, jointly with the public security organ, the urban management and law enforcement department, etc., develop a service quality evaluation system for online bicycle renting industry, and shall dynamically regulate the number of vehicles allocated to the online bicycle renting companies on the basis of the evaluation.

Online bicycle renting companies shall observe the total number control and the dynamic regulation mechanism, allocating and recycling vehicles in an orderly manner as required. If an online bicycle renting company needs allocation of vehicles for the first time or an increase of its vehicles without exceeding the total quota in this Municipality, that company needs to file a vehicle allocation plan with the municipal administration department of road transportation 30 days before the allocation and submit the relevant basic information as required. In the case of the vehicles to be recycled in accordance with the dynamic regulation mechanism, the online bicycle renting company shall complete the said recycling within 30 days from the date of receiving the notification from the municipal administration department of road transportation.

While allocating or recycling vehicles, online bicycle renting companies shall, as required, simultaneously update the data of the vehicles allocated or recycled on the information service platform of the online bicycle renting industry.

Article 31 Online bicycle renting companies shall improve the daily dispatching of online renting bicycles, and balance the supplies of vehicles among different regions in a timely fashion.

In the case that online renting bicycles block sidewalks, roadways and other passages, or occupy green belts and other areas, the urban management and law enforcement department shall notify the online bicycle renting companies to remove these bicycles within two hours. Online bicycle renting companies shall organize a special team or entrust a third party to remove the bicycles in a timely manner.

An online bicycle renting company shall perform its responsibilities as an enterprise, regulate its business operation, ensure the safety and good performance of its bicycles, promptly remove the bicycles that do not function, and guide users to park bicycles at the roadside non-motor-powered vehicle parking spots that are set up in accordance with the regulations.


Chapter V  Comprehensive Administration

Article 32 Express companies, e-commerce platform companies and other related companies (hereinafter collectively referred to as “companies”) that use electric bicycles to engage in online delivery activities such as express delivery and food delivery, shall perform the following administrative obligations to ensure traffic safety:

1. establishing and improving the internal administration system for traffic safety and specify the person liable for safety matters;

2. verifying the information of drivers and special-plate electric bicycles, explicitly specifying the driver’s traffic safety obligations and liability for breach in the online delivery contract signed with the driver, and regularly training and examining the drivers on the knowledge of road traffic safety laws and rules;

3. supervising vehicles mounted with special plates, and carefully managing and maintaining vehicles to ensure their safety performance;

4. urging drivers to wear helmets while driving on the road, and to observe the road-traffic-safety laws and rules;

5. reasonably deciding the delivery time, route, other standards and requirements in the light of traffic conditions to avoid acts violating road traffic laws and prevent traffic accidents;

6. incorporating the information relevant to traffic safety administration such as information of the vehicles and drivers, and the delivery time and route of the vehicles in violation of traffic laws into the public security organ’s information system of non-motor-powered vehicle road traffic administration;

7. introducing a punishment mechanism to guide drivers to act in a lawful, safe and civilized manner, and to urge drivers to deal with road traffic violations in a timely manner; and

8. performing other obligations of traffic safety administration provided for by laws and rules.

Article 33 Companies using electric bicycles to engage in online delivery activities such as express delivery and food delivery shall observe both the provisions of firefighting laws and rules on companies’ responsibilities for fire safety and the following provisions:

1. conducting fire safety education and training for drivers;

2. supervising and urging drivers to use electric bicycles, batteries, chargers and other products that meet national standards; and

3. supervising and urging drivers to park and charge electric bicycles in a safe manner.

Article 34 Relevant industry organizations shall, in accordance with their articles of association, formulate a self-discipline pact on traffic and fire safety for express delivery, food delivery, and other relevant industries; these organizations shall, under the guidance of relevant government departments, formulate standards and guidelines on online delivery activities such as express delivery and food delivery, unify the non-motor-powered vehicle safety administration standards, verification standards on drivers’ information, punishment standards and other standards, and urge member units to implement these standards; punishment may be imposed on member units that violate the articles of association or the self-discipline pact.

Article 35 The sample text of online delivery contract shall be formulated and released by the municipal public security organ in conjunction with such departments as postal administration, commerce, and market regulation..

Article 36 Provided that a non-motor vehicle driver is subject to administrative punishment or falls under any of the following circumstances, his/her relevant information shall be incorporated into the public credit information service platform of this Municipality:

1. The electric bicycle driver disobeys traffic signals, drives in the reverse direction or commits other serious road traffic violations more than 10 times within a year;

2. The driver drives into areas where non-motor-powered vehicles are not permitted, such as expressways, urban expressways, and cross-river bridges and tunnels more than 3 times;

3. The driver drives a manpower tricycle installed with a power unit on the road more than 3 times;

4. The driver uses a forged plate, an altered plate or another vehicle’s non-motor-powered vehicle plate; and

5. The driver has failed to perform administrative punishment on road traffic violations more than 5 times within one year.

Where a company that uses electric bicycles to engage in online delivery activities such as express delivery and food delivery is ordered to suspend business for rectification, or is imposed with a big fine three or more times within a year for failing to perform traffic and fire safety administration obligations in accordance with the regulations, the relevant information of the said company shall be incorporated into the public credit information service platform of this Municipality.

Article 37 As to non-motor-powered vehicles’ waste batteries categorized as hazardous waste, owners shall send them to qualified units for centralized disposal, or to the non-motor-powered vehicle manufacturers and sellers. After recycling the batteries through trade-in or other ways, the manufacturers or sellers shall send the batteries to qualified units for centralized disposal.

Manufacturers and sellers of electric bicycles shall be encouraged to recycle used electric bicycles through trade-in or other ways.

Article 38 The general public shall be encouraged to participate in volunteer activities of non-motor-powered vehicle safety administration, and assist in the publicity of laws and rules on non-motor-powered vehicle safety administration, as well as the dissuasion and curb of illegal acts in accordance with the law.

Units and individuals have the right to report violations related to non-motor-powered vehicles. The departments of public security, market regulation, etc. shall release to the public the ways of submitting complaints, promptly investigate and deal with the complaints, and provide feedback to the reporter on the result.


Chapter VI  Legal Liability

Article 39 Where laws and administrative rules have punishment provisions on acts of violating the provisions of these Procedures, such punishment provisions shall prevail.

Where the act violating the provisions of these Procedures constitutes a crime, the wrongdoer shall be prosecuted for criminal liability in accordance with the law.

Article 40 In case of violating the provisions of Article 10 of these Regulations, and producing or selling non-motor-powered vehicles, electric bicycle batteries, chargers or other products that are not in compliance with the national standards, the market regulation department shall handle the case in accordance with relevant provisions of the Law of the People’s Republic of China on Product Quality and the Regulations of Shanghai Municipality on Product Quality.

In the case of selling electric bicycles without the compulsory product certification in violation of the provisions of Paragraph 2 of Article 11 of these Regulations, the market regulation department shall handle the case in accordance with relevant provisions of the Regulations of the People’s Republic of China on Certification and Accreditation.

Article 41 In the case of engaging in business assembly, addition or change of non-motor-powered vehicles or selling the vehicles of assembly, addition or change in violation of the provisions of Article 12 of these Regulations, the market regulation department shall impose a fine of not less than 2,000 yuan but not more than 20,000 yuan.

Article 42 In the case of driving non-motor-powered vehicles without the plate, or driving special-plate non-motor-powered vehicles without undertaking the safety and technical inspections in accordance with the regulations, or driving non-motor-powered vehicles that are not permitted on roads, or failing to use special-plate electric bicycles in accordance with the regulations in violation of the provisions of Paragraph 1 of Article 13, Article 16, Paragraph 3 of Article 19, or Paragraph 3 of Article 20 of these Regulations, the public security organ shall impose a fine of not less than 50 yuan but not more than 200 yuan.

In the case of using non-motor-powered vehicle plates and driving and parking non-motor-powered vehicles in violation of the provisions of Paragraph 1 of Article 20, Paragraph 1 of Article 21, Article 22, or Paragraph 1 of Article 27 of these Regulation, the public security organ shall give a warning or impose a fine of not less than 20 yuan but not more than 50 yuan.

In the case of forging or altering a non-motor-powered vehicle plate, or using a forged or altered non-motor-powered vehicle plate, or using another non-motor-powered vehicle’s plate in violation of the provisions of Paragraph 2 of Article 20 of these Regulations, the public security organ shall impose a fine of not less than 200 yuan but not more than 500 yuan; where the case is serious, a fine of not less than 500 yuan but not more than 1,000 yuan shall be imposed.

In the case of driving a power-unit-equipped bicycle or man-power tricycle on roads in violation of the provisions of Paragraph 2 of Article 21 of these Regulations, the public security organ shall order the wrongdoer to make corrections and impose a fine of 50 yuan; in the case of driving other non-motor-powered vehicles of assembly, addition or change on roads, the public security organ shall order the wrongdoer to make corrections and impose a fine of not less than 50 yuan but not more than 200 yuan.

When implementing the above-mentioned administrative penalties, the public security organ shall adhere to the principle of combining penalties with education. In the case of a minor violation of non-motor-powered vehicle road traffic, the public security organ shall educate the wrongdoer and give him/her a verbal warning.

Article 43 Where electric bicycles are parked or charged in the indoor area of premises with large crowds of people in violation of the provisions of Paragraph 2 of Article 29 of these Regulations, the fire and rescue agencies shall order the premises to make corrections and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan; where the case is serious, the premises may be fined not less than 20,000 yuan but not more than 50,000 yuan.

Where online bicycle renting companies fail to file documents for the record, fail to allocate or recycle vehicles in accordance with the regulations, or fail to update information and data on the online bicycle renting industry information service platform as required in violation of the provisions of Paragraph 4 or 5 of Article 30 of these Regulations, the traffic administration department shall order them to make corrections and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan; where the case is serious, a fine of not less than 30,000 yuan but not more than 100,000 yuan shall be imposed.

Where online bicycle renting companies fail to promptly remove illegally parked vehicles in violation of the provisions of Paragraph 2 of Article 31 of these Regulations, the urban management and law enforcement department shall order them to make corrections and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan; where the case is serious, a fine of not less than 30,000 yuan but not more than 100,000 yuan shall be imposed.

Where companies engaging in online delivery activities such as express delivery and food delivery using electric bicycles fail to perform their administrative obligations of traffic safety in violation of the provisions of Article 32 of these Regulations, the public security organ, or the postal administration and market regulation departments shall order them to make corrections and impose a fine of not less than 10,000 yuan but no more than 100,000 yuan; where those refuse to make corrections, or cause a person’s death in a traffic accident and bear the main responsibility, a fine of not less than 100,000 yuan but no more than 500,000 yuan shall be imposed, and such companies may be ordered to suspend their business for rectifications; for those full-time personnel specialized for traffic safety or other persons directly responsible for traffic safety matters, the public security organs shall give a warning or impose a fine of not less than 200 yuan but no more than 1,000 yuan. Where the driver is performing his/her duty when involved in a traffic accident and causes personal injury or property loss, the company he/she works for, which engages in online delivery activities such as express delivery and food delivery using electric bicycles, shall bear the corresponding responsibilities in accordance with the law.

Where manufacturers and sellers of non-motor-powered vehicles fail to legally dispose of waste batteries categorized as hazardous wastes in violation of the provisions of Clause 1 of Article 37 of these Regulations, the ecological environment department shall impose penalties in accordance with relevant laws and regulations.

Article 44 Where the public security organ uses electronic technical devices to legally collect and fix evidence of violations of non-motor-powered vehicle road traffic law, the location of the fixed electronic technical devices shall be made public.

Article 45 As to violations of non-motor-powered vehicle road traffic recorded by the public security organ through electronic technical devices, after verifying and recording such information into relevant systems, the public security organ shall notify, within the prescribed time limit, the owner or manager of the non-motor-powered vehicle to respond to the investigation and penalty; where the owner or manager hands over the non-motor-powered vehicle to another person to drive, the driver shall be notified to respond to the penalty within the prescribed time limit.

In case that one fails to respond to the investigation and penalty within the time limit and is found driving a non-motor-powered vehicle on the road, the public security organ may investigate and impose penalties. In case that the driver of a non-motor-powered vehicle refuses to take the penalties imposed by the public security organ, the public security organ may detain the non-motor-powered vehicle in accordance with the law.

Article 46 Where the relevant administrative departments commit one of the following acts in violation of the provisions of these Regulations, the superior competent administrative department or supervisory organ shall impose administrative sanctions on the persons directly in charge and other directly liable persons in accordance with the law:

1. failing to perform the duties of supervising and administering the production or sale of non-motor-powered vehicles, or failing to investigate and handle the acts of illegally producing or selling non-motor-powered vehicles in accordance with the law;

2. failing to perform the duties of administering the registration and driving of non-motor-powered vehicles, or failing to investigate and handle the illegal driving of non-motor-powered vehicles in accordance with the law;

3. failing to perform safety administration duties concerning the parking and charging of non-motor-powered vehicles in accordance with laws, or failing to investigate and handle the illegal parking and charging of non-motor-powered vehicles in accordance with the law;

4. conducting law enforcement without statutory basis or without following the legal procedures; or

5. conducting other acts of abuse of power, negligence of duty, and malpractice for personal gain.


Chapter VII  Supplementary Provisions

Article 47 In case that an electric bicycle used for online delivery activities such as express delivery and food delivery has been registered before the implementation of these Regulations, the owner shall apply to the public security organ to replace his/her plate with a special one within six months from the effective date of these Regulations.

Article 48 These Regulations shall be effective as of May 1, 2021.