516Regulations of Shenzhen Special Economic Zone on the Administration of Internet Rental Bike深圳经济特区互联网租赁自行车管理若干规定

　　深圳经济特区互联网租赁自行车管理若干规定

　　Regulations of Shenzhen Special Economic Zone on the Administration of Internet Rental Bike

　　(Adopted at the 2^nd session of the Standing Committee of the 7^th People’s Congress of Shenzhen Municipality on June 29, 2021)

　　Article 1 The total number of Internet rental bikes in Shenzhen Special Economic Zone shall be determined by the municipal transport department in conjunction with relevant municipal departments such as urban management and law enforcement department and traffic administration department of the public security agency in accordance with the development positioning of Internet rental bikes and citizens’ traffic demand while taking into account such factors as the use of urban public resources and the carrying capacity of facilities, and the determined total number shall be dynamically adjusted.

　　Article 2 The municipal transport department shall determine the Internet bike rental operators (hereinafter referred to as the “Operators”) and the number of released bikes through public bidding and other ways of fair competition and shall sign an operating service agreement with each Operator.

　　Where an Operator violates the operating service agreement, the municipal transport department may reduce the number of released bikes in accordance with the agreement; in cases of gross violation, the operating service agreement shall be terminated.

　　Article 3 Before an Internet rental bike is released for use, its Operator shall report the bike code information to the municipal transport department for record. The municipal transport department shall upload the recorded code information to the municipal public data resource sharing platform.

　　Where an Operator releases any Internet rental bike that has not been put on records for use, the municipal transport department shall order to withdraw the illegally released bike and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; where the circumstances are serious, the Operator shall not participate in the bidding for supply of new bikes within three years.

　　Article 4 Operators are encouraged to provide Internet bike rental services in a deposit-free manner and directly charge the fee at the end of each service.

　　Operators that charge a deposit or an advance payment to provide Internet bike rental services shall comply with the applicable State regulations on the management of user funds of new modes of transport.

　　Article 5 Operators shall use service agreements to make sure that Internet rental bike users comply with road traffic rules and vehicle parking management requirements and shall not occupy prohibited parking areas. Bikes parked in a restricted parking area shall be parked in the prescribed locations. Bikes parked in other areas shall not obstruct the normal passage of pedestrians and vehicles.

　　The prohibited parking areas referred to in the preceding paragraph include motor vehicle lanes, bicycle lanes, pedestrian bridges, pedestrian tunnels, public green spaces, reservoirs, rivers, wetlands, fire escapes and accessible facilities.

　　The scope of restricted parking areas such as roadside belts, traffic hubs, passenger and freight yards and stations shall be determined and announced to the public by the municipal transport department in conjunction with other municipal departments such as the traffic management department of municipal public security agency, urban management and law enforcement department, as well as water department.

　　Article 6 Where an Internet rental bike cannot be used normally due to failure or is parked in violation of the provisions of Article 5 of these Regulations, the Operator shall promptly clear it away. In case of failure to clear it away in a timely manner, the following relevant departments shall order the Operator to clear it away within the specified period and impose a fine on the Operator according to the standard of 200 yuan per bike:

　　1. Internet rental bikes parked in motor vehicle lanes shall be immediately cleared away by the traffic administration department of the public security agency.

　　2. Internet rental bikes parked in bicycle lanes, pedestrian bridges, pedestrian tunnels, public green spaces, roadside belts and other urban public places shall be cleared away within the specified period under the order of the urban management and law enforcement department.

　　3. Internet rental bikes parked in transport hubs or passenger and freight yards or stations shall be cleared away within the specified period under the order of the municipal transport department.

　　4. Internet rental bikes parked in reservoirs or rivers shall be cleared away within the specified period under the order of the water department.

　　5. Internet rental bikes parked in wetlands shall be cleared away within the specified period under the order of such departments as the urban management and law enforcement department and water department in accordance with their respective functions and powers.

　　6. Internet rental bikes parked in fire escapes or accessible facilities shall be cleared away within the specified period under the order of such departments as the traffic administration department of the public security agency as well as urban management and law enforcement department in accordance with their respective functions and powers.

　　Article 7 Where an Operator fails to fulfill its obligations within the period decided by the administrative authority in accordance with the provisions of Paragraph 2 of Article 3 and Article 6 of the Regulations, the department that made the administrative decision may seize the bike(s) in question and summon exhortation; where the Operator still fails to fulfill its obligations ten days after the exhortation, the department that made the administrative decision may dispose of the seized bike(s) through such means as auction or sale.

　　The proceeds from the auction or sale specified in the preceding paragraph shall be dealt with in accordance with the applicable State regulations.

　　Article 8 These Regulations shall enter into force on August 1, 2021.