521.Rules of Shenzhen Municipality on the Administration of Electric Bicycle (Trial)深圳市电动自行车管理规定（试行）

　　深圳市电动自行车管理规定（试行）

　　Rules of Shenzhen Municipality on the Administration of Electric Bicycle (Trial)

　　Chapter One General Provisions

　　Article 1 These Rules are enacted as per such laws and regulations as the Law of the People’s Republic of China on Road Traffic Safety, the Regulation on the Implementation of the Law of the People’s Republic of China on Road Traffic Safety, the Regulations of Guangdong Province on Road Traffic Safety, the Regulations of Shenzhen Special Economic Zone on Road Traffic Safety Administration and the Regulation of Shenzhen Special Economic Zone on the Punishment of the Violations of Road Traffic Safety Laws and Regulations and in light of the reality of Shenzhen City with a view to strengthening the management of electric bicycles (e-bikes), maintaining road traffic order, and ensuring road traffic safety.

　　Article 2 These Rules shall apply to the registration, passage, riding, parking and charging of e-bikes in the administrative areas of Shenzhen Municipality as well as their supervision and management.

　　Article 3 The e-bikes herein refer to the two-wheeled bicycles that use vehicle battery as auxiliary power supply, possess the ability to be pedaled by the rider, can achieve electric motor-assisted propulsion or/and electric motor power-driven function, and are in line with national standards.

　　Article 4 Management of e-bikes in the city shall adhere to the principle of putting safety first while giving consideration to convenience, implementation of category-based policies and standardized management.

　　Article 5 The traffic administration department of the municipal public security agency (hereinafter referred to as the “Municipal Public Security Traffic Administration Department”) shall be responsible for the registration and passage management of e-bikes.

　　The municipal and district administrative departments including the market supervision and administration, industry and information technology, transportation, ecological environment, urban management and fire departments shall, in accordance with their respective functions and responsibilities, increase the inspection of e-bikes as well as their batteries and charging facilities to ensure sound management of e-bikes.

　　Article 6 Subdistrict offices and community workstations shall perform well in e-bike management and service in accordance with their respective functions and responsibilities as well as these Rules.

　　Article 7 Relevant units in people’s livelihood service industries shall fulfill their duties for e-bike safety management, strengthen the education and training of e-bike riders in their enterprises, and develop a safety management system for e-bikes and their use.

　　Article 8 Organizers and managers of farmers’ markets (wholesale markets for agricultural products) and industrial parks shall strengthen the safety management of e-bikes within their management areas.

　　Property service enterprises shall strengthen safety management of e-bike riding, passage, parking and charging in their management areas pursuant to law and shall cooperate with public security, fire and other departments to strengthen the safety inspection of charging and other activities.

　　Industry associations shall strengthen the self-discipline management of the production, sales and use of e-bikes in their respective industries, establish and improve industry standards, and guide and urge members to use e-bikes pursuant to law.

　　Article 9 The owners and riders of e-bikes shall comply with the provisions of these Rules and perform e-bike traffic safety responsibilities.

　　Article 10 In the case of failure in the registration, passage, riding, charging and parking of e-bikes, any organization or individual shall have the right to complain or report to such departments as the public security traffic administration department and urban management department.

　　Chapter Two E-bike Standards and Registration

　　Article 11 The registration system shall be implemented for e-bikes, which can only be ridden on the road after being registered with the Municipal Public Security Traffic Administration Department. Specific registration measures shall be developed by the Municipal Public Security Traffic Administration Department and announced to the public.

　　Article 12 The Municipal Public Security Traffic Administration Department shall register e-bikes in line with the provisions of the current state Safety Technical Specification for Electric Bicycle and with compulsory certificates and product certification.

　　Article 13 The production, sale and riding of e-bikes that do not meet the national safety and technical specifications and other applicable provisions shall be prohibited in the administrative areas of Shenzhen Municipality as well as their supervision and management..

　　E-bikes manufacturers and sellers shall be encouraged to recycle e-bikes that do not meet the national safety and technical specifications through such ways as trade-in and repurchase at a discount. Specific measures shall be separately developed by the Municipal Public Security Traffic Administration Department in conjunction with such departments as the market supervision and administration as well as industry and information technology departments and shall be announced to the public.

　　Article 14 Performance of the following acts on sold e-bikes shall be prohibited:

　　1. Retrofitting or modification of power devices such as electric motor and battery or replacement of power devices such as electric motor and battery that do not meet national standards;

　　2. Retrofitting or modification of canopy, rack, seat and other devices affecting safety;

　　3. Removal or modification of the speed limiter;

　　4. Other modifications such as assembly and renovation that affect the safety of e-bike passage prescribed by laws and regulations.

　　Article 15 The following materials shall be truthfully submitted to apply for registration of e-bikes. E-bikes with false materials provided shall not be registered:

　　1. The owner’s certificate of identification or business license;

　　2. Purchase invoice and other proof of the manner in which the e-bike is obtained;

　　3. Certificate of merchandise, certificate of compliance or import certificate of the e-bike;

　　4. Other certificates or documents to be submitted as required by the provisions of the applicable laws and regulations.

　　Article 16 E-bike owners shall apply to the competent public security traffic administration department for registration of e-bikes. The Municipal Public Security Traffic Administration Department shall actively implement the online application for registration, set up additional registration points, and simplify the registration process to facilitate the registration of e-bikes.

　　The Municipal Public Security Traffic Administration Department may authorize community workstations, industry associations and the managers of farmers’ markets (wholesale markets for agricultural products) to collect application materials for e-bike registration and may complete the process in accordance with the following manners:

　　1. Where an industry association is available for the enterprise, the enterprise may submit the application materials for registration to the said industry association, which shall submit the said application materials for registration to the Municipal Public Security Traffic Administration Department.

　　2. Where an industry association is not available for the individual or the enterprise, the individual or enterprise can submit the application materials for registration to the community workstation, which shall submit the said application materials for registration to the Municipal Public Security Traffic Administration Department.

　　3. Merchants in farmers’ markets (wholesale markets for agricultural products) may submit the application materials for registration to the market manager, who will submit the said application materials for registration to the Municipal Public Security Traffic Administration Department.

　　Article 17 The Municipal Public Security Traffic Administration Department shall review the registration materials submitted, inspect the e-bike in question, and issue the number plate, license and electronic registration certificate within three working days from the date it receives an application; and if the said conditions are not met, the applicant shall be informed of the reasons why the e-bike is not to be registered.

　　The Municipal Public Security Traffic Administration Department shall use intelligent information management means to develop e-bike intelligent information number plates and charge fees according to the rates of approved non-motor vehicle number plates.

　　Article 18 Where the number plate of an e-bike is lost or destroyed, the e-bike owner shall apply for replacement or renewal pursuant to the provisions of Article 16 of these Rules.

　　Article 19 Where the owner or using unit of an e-bike is changed, such change shall be registered.

　　Where an e-bike cannot continue to be used or needs to be renewed due to loss, destruction or other reasons, the owner may directly apply for renewal of registration.

　　Change or update of registration shall be done in accordance with the process of application for registration.

　　Article 20 E-bikes registered in people’s livelihood service industries shall be used in accordance with the registered purpose and in line with the principle of self-use and shall not be used by other enterprises or persons.

　　Article 21 Owners of e-bikes are encouraged to take out third-party liability insurance, personal accident insurance and property damage insurance.

　　Article 22 Industry associations may use special logos with uniform colors and styles distinguishable from those of other industries based on the actual needs of the industry.

　　Chapter Three Passage and Riding

　　Article 23 The Municipal Public Security Traffic Administration Department shall, in conjunction with other departments such as the municipal transport as well as market supervision and administration departments, determine the areas and time periods with restricted or prohibited passage for e-bikes according to the actual traffic conditions and shall make announcements and implement the decision after solicitation of public opinions.

　　Article 24 Riding an e-bike in the restricted areas or during the restricted time periods specified by the Municipal Public Security Traffic Administration Department shall be prohibited.

　　Article 25 The Municipal Public Security Traffic Administration Department can adjust the passage areas and time periods for e-bikes based on the actual needs of road traffic administration in conjunction with other departments such as the transport as well as market supervision and administration departments and shall announce and implement the adjustments after solicitation of public opinions.

　　Article 26 An e-bike rider shall comply with the following provisions when riding an e-bike on the road:

　　1. The rider shall be at least 16 years of age and shall carry a license;

　　2. The rider shall not ride on the motor vehicle lane;

　　3. The rider shall not drive after drinking;

　　4. The rider shall not drive against the traffic;

　　5. The maximum speed shall not exceed 15 km/h;

　　6. The rider shall slow down and stretch out hand to indicate before making a turn and shall not suddenly turn; when overtaking another vehicle, the e-bike shall not impede the passage of the overtaken vehicle;

　　7. An e-bike shall not tow or climb another vehicle or be towed by another vehicle, and the rider shall not take his/her hands off the handles or hold objects in his/her hand(s);

　　8. The rider shall not ride in parallel to, chase, or engage in zigzag racing with, another vehicle;

　　9. The rider shall not learn riding on the road;

　　10. E-bikes shall not be ridden on urban expressways or highways;

　　11. An e-bike shall not carry a passenger, but those installed with a fixed safety seat may carry a child under 1.2 meters in height;

　　12. The height of the load shall not exceed 1.5 meters from the ground; the width of the load shall not exceed 0.15 meters from the handlebars on the left and right; the length of the load shall not exceed the wheel at the front end or exceed the body by 0.3 meters at the rear end;

　　13. The rider shall wear a safety helmet; for an e-bike installed with a fixed safety seat carrying a child, the rider shall ensure that the child passenger also wears a safety helmet;

　　14. Other provisions of the laws and regulations on traffic safety.

　　Article 27 Ane-bike ridden on the road shall be installed with a number plate or transitional period mark, which shall not be intentionally stained/damaged or covered.

　　Chapter Four Parking and Charging

　　Article 28 Ane-bike shall be parked in a location that does not affect the passage of other vehicles and pedestrians, shall be neatly placed, and shall not impede the traffic order and safety of passage.

　　E-bikes shall not be parked in the following locations:

　　1. On motor vehicle lanes;

　　2. At safety exits or within fire escape routes or evacuation routes;

　　3. In underground garages, residential houses or offices;

　　4. Other locations where parking is prohibited by laws and regulations.

　　Article 29 Farmers’ markets (wholesale markets for agricultural products), industrial parks, as well as enterprises and residential complexes may set up a centralized parking place for e-bikes according to the actual situation.

　　Article 30 Ane-bike shall be charged with a compatible power source and in a dedicated socket, which shall be protected with fixed lines in metal pipes, installed with leakage protection and other safety devices, and equipped with fire extinguishers. Use of private electric wires and sockets for charging shall be prohibited.

　　E-bike intensive farmers’ markets (wholesale markets for agricultural products), industrial parks, as well as enterprises and residential complexes may set up centralized charging facilities according to the actual situation. Centralized charging facilities shall have regular charging, automatic power-off, fault alarm and other intelligent charging control functions while being installed with electrical fire monitoring and visual monitoring systems and shall be regularly inspected by dedicated persons assigned by operators of the charging facilities.

　　Article 31 The units that have set up centralized charging facilities and provide charging services shall implement a safety responsibility system, purchase qualified products, and engage in construction, installation and acceptance in accordance with national, provincial and municipal fire safety requirements, and create safety files for charging facilities.

　　Departments responsible for the safety supervision and management of e-bike charging facilities pursuant to the applicable laws and regulations and functional division of labor shall carry out supervision and inspection to supervise the implementation of these Rules.

　　Article 32 E-bike charging shall ensure safety and meet the following requirements:

　　1. E-bikes shall not be charged in such indoor places as residential houses and offices;

　　2. E-bikes shall not be charged in such public areas as a building’s common aisles, stairwells and safety exits.

　　Article 33 Individuals and enterprises shall purchase e-bike batteries in line with national safety standards from qualified merchants and retain the proof of purchase for inspection.

　　The battery and wiring that are aging or broken or have other safety hazards shall be repaired or replaced in a timely manner, and replacement of high-power battery shall be prohibited.

　　E-bike battery manufacturers and sellers shall recycle used batteries through such ways as trade-in, establish a recycling ledger, and send used batteries to units with hazardous waste disposal qualifications for centralized disposal. Units that have not obtained the hazardous waste disposal qualification shall be prohibited from the collection, storage, use and disposal of used e-bike batteries. Specific measures shall be separately developed by the municipal development and reform departments in conjunction with such departments as the ecology and environment department and be announced to the public.

　　Chapter Five Legal Liability

　　Article 34 Where a rider rides an unregistered e-bike on the road or fails to install a number plate or transitional period mark pursuant to provisions, the Municipal Public Security Traffic Administration Department shall order him/her to make correction and issue a warning or impose a fine of fifty yuan.

　　Article 35 Where an enterprise provides false registration materials to obtain the registration of e-bikes, the Municipal Public Security Traffic Administration Department shall cancel the registration and impose a fine of not less than one thousand yuan but not more than two thousand yuan; where the circumstances are serious, a fine of not less than two thousand yuan but not more than five thousand yuan shall be imposed, and the violation shall be included in the Corporate Integrity Record.

　　Where an individual provides false registration materials to obtain the registration of an e-bike, such registration shall be cancelled by the Municipal Public Security Traffic Administration Department, and a fine of five hundred yuan shall be imposed.

　　Article 36 Where a rider rides an e-bike on the road and intentionally stains/damages or covers the number plate, the Municipal Public Security Traffic Administration Department shall order him/her to make correction and impose a fine of five hundred yuan.

　　Article 37 Where a rider rides an e-bike in a restricted or prohibited area or during the restricted time periods, the Municipal Public Security Traffic Administration Department shall detain the e-bike pursuant to the Regulations of Shenzhen Special Economic Zone on the Administration of Road Traffic Safety and impose a fine of two thousand yuan.

　　Article 38 Where a rider forges or alters or uses a forged or an altered e-bike number plate, the Municipal Public Security Traffic Administration Department shall detain the e-bike pursuant to the provisions of the Regulations of Shenzhen Special Economic Zone on the Administration of Road Traffic Safety and impose a fine of five thousand yuan.

　　Article 39 Where an e-bike rider or passenger fails to wear a safety helmet, the Municipal Public Security Traffic Administration Department shall order him/her to make correction and impose a fine of two hundred yuan on the rider.

　　Article 40 Where a rider parks his/her e-bike in violation of Rules and impedes the passage of other vehicles or pedestrians, the Municipal Public Security Traffic Administration Department shall order him/her to make correction and may issue a warning or impose a fine of two hundred yuan.

　　Article 41 Where a rider charges his/her e-bike in such indoor spaces as residential houses and offices or such public areas as the common aisles, stairwells and safety exits in buildings, the competent public security agency shall order him/her to make correction and issue a warning or impose a fine of two hundred yuan.

　　Article 42 E-bike riders who engage in other acts in violation of road traffic safety shall be punished in accordance with provisions of the applicable laws and regulations.

　　Where an e-bike rider has been fined for more than five times within a year due to violation of road traffic safety laws and regulations and these Rules, the Municipal Public Security Traffic Administration Department shall notify credit reporting agencies to enter the information of the e-bike rider’s road traffic safety violations into the personal credit reporting system.

　　Article 43 The Municipal Public Security Traffic Administration Department may implement a cumulative points system in addition to administrative penalties on e-bike riders for violation of road traffic safety laws and regulations with reference to the points system of motor vehicle driving license. Where the cumulative points reach the corresponding value, the rider shall receive education on road safety laws and regulations.

　　Chapter Six Supplementary Provisions

　　Article 44 The People’s livelihood service industries referred to in these Rules include the following industries that are closely related to people’s livelihood or provide public services:

　　1. Healthcare;

　　2. Postal, courier and newspaper delivery;

　　3. Electricity, water, gas, telecommunications and emergency repair of other public facilities;

　　4. Sanitation and cleaning;

　　5. Take-out delivery and bottled gas, barrels of drinking water and fresh milk delivery;

　　6. Merchant sales and goods delivery in farmers’ markets (wholesale markets for agricultural products).

　　The Municipal Public Security Traffic Administration Department may adjust the scope of people’s livelihood service industries in conjunction with the municipal transport, industry and information technology, commerce, market supervision and management, postal management and other relevant departments in light of the actual situation, and such adjustments shall be released upon approval by the municipal government.

　　Article 45 Owners of e-bikes that have not been registered prior to the implementation of these Rules shall apply to the Municipal Public Security Traffic Administration Department for registration within the prescribed period. A license, a number plate and an electronic registration card shall be issued to e-bikes that meet the requirements of these Rules; and a transitional period mark valid until August 1, 2022, shall be issued to those that do not meet the requirements of these Rules.

　　Article 46 These Rules shall enter into force on August 1, 2021, for a trial period of three years.