Chapter II Production and Sales
Article 8 The maximum speed, overall quality and overall dimensions of electric bicycles produced and imported for domestic sales shall meet the mandatory national standards. When the electric bicycle is driven by electricity, the maximum design speed is no more than 25 kilometers per hour. The production, sale, maintenance and replacement of electric bicycle chargers, batteries, motors and other parts, and the production and sale of safety helmets shall meet the safety requirements of relevant national standards and industry standards.
Article 9 A producer, seller or importer of electric bicycles shall entrust a certification institution designated by the state to carry out compulsory product certification for the electric bicycles they produce, sell or import.
Electric bicycles can only be shipped, imported and sold after they have passed compulsory product certification and marked with certification marks. Without compulsory product certification, it may not be sold.
Article 10 A seller of electric bicycles shall fulfill the obligation of inspection and acceptance of incoming goods, establish an incoming goods ledger and a sales ledger, verify the product certificate and other marks, and publicize the relevant information of compulsory product certification of electric bicycles sold in a prominent position in the sales place. The contents of the certification certificate marked on the electric bicycle and its sales package shall be consistent with the compulsory product certification certificate, and forgery is strictly prohibited.
If the products are sold through e-commerce platform, the relevant information of compulsory product certification shall be included in the public commodity information.
Eleventh prohibit the implementation of the following acts that affect the safety performance of electric bicycles:
Assemble electric bicycles;
Dismantle or change the speed limit device of electric bicycle;
Reinstall the motor, battery and other components;
Install devices that affect traffic safety, such as hoods;
Other behaviors that affect the safety performance of electric bicycles.
Twelfth to encourage electric bicycle manufacturers and sellers to take the old for the new, buy back at a discount and other ways to recycle used and do not meet the mandatory national standards of electric bicycles.
Encourage electric bicycle owners to replace or eliminate electric bicycles that do not meet the mandatory national standards.
Chapter III Registration
Article 13 An electric bicycle can only be driven on the road after it has been registered by the traffic administrative department of the public security organ and obtained the number plate. The traffic administrative department of the provincial public security organ shall build a unified electric bicycle registration management system in the whole province, and the registration of electric bicycles shall be handled by the traffic administrative department of the public security organ of the city or county with districts. The number plate style is uniformly supervised by the traffic management department of the provincial public security organ.
Article 14 The owner of an electric bicycle shall, within 30 days from the date of purchase, apply to the traffic management department of the public security organ of the city or county with districts for registration. If it is necessary to temporarily drive on the road before registration, the driver shall hold the legal compliance certificate of the place of origin of the electric bicycle. Electric bicycles are not allowed to drive on the road without registration and license plate.
Fifteenth to apply for the registration of electric bicycles, the following materials shall be submitted:
The identity certificate of the owner of the electric bicycle;
Proof of purchase of electric bicycle or other legal and compliant certificates of origin;
The factory certificate or import certificate of the whole electric bicycle, and it meets the mandatory national standards.
Article 16 The traffic administrative department of the public security organ shall register and issue the license plate on the spot if the application materials are complete and meet the statutory requirements; If the application materials are incomplete and do not meet the statutory requirements, it shall inform all the contents that need to be supplemented at one time. Do not meet the prescribed conditions, it shall explain the reasons in writing to the applicant.
Seventeenth registered electric bicycle owner information and other registered contents change, it shall timely apply to the traffic management department of the public security organ for registration of change; If the registered electric bicycle is lost, lost, etc. Or the ownership is transferred, the cancellation or transfer registration shall be handled.
Eighteenth electric bicycles have been purchased before the implementation of these regulations, and their owners shall apply for registration within six months from the date of implementation of these regulations. The traffic administrative department of the public security organ shall issue official license plates that meet the mandatory national standards. For electric bicycles that do not meet the mandatory national standards, temporary number plates will be issued and a three-year transition period will be set. After the transition period, they are not allowed to drive on the road.
The transition period shall be counted from the date of implementation of these regulations.
Article 19 When an electric bicycle is running on the road, it shall hang the number plate at the specified position, and keep the number plate clear and complete, and shall not intentionally block or defile it.
No unit or individual may buy, sell, forge or alter license plates, or use forged or altered license plates or other electric bicycle license plates.
Article 20 If the number plate is lost or damaged, the owner of the electric bicycle shall apply to the traffic management department of the public security organ at the place of registration for replacement or replacement.
After the cancellation of registration, the electric bicycle shall return the number plate. If it cannot be returned for special reasons, it shall be declared invalid by the traffic administrative department of the public security organ.
Twenty-first electric bicycles do not charge registration fees, and the required funds are guaranteed by the cities and counties with districts.
Article 22 The traffic administrative department of the public security organ shall, in accordance with the principle of being nearby and convenient to handle, announce the place of registration business by adding registration points, promoting licensed sales and online handling, so as to provide convenience for the public to handle the registration inquiry of electric bicycles.
Chapter IV Traffic, Parking and Charging
Twenty-third driving an electric bicycle on the road shall comply with the following provisions:
The driver should be at least 16 years old and have no diseases that hinder safe driving;
Driving in non-motor vehicle lanes, driving on the right side of the roadway if there is no non-motor vehicle lane;
Drivers should strictly implement the speed requirements stipulated by laws and regulations;
Civilized driving, no littering, garbage, spitting;
Driving an electric bicycle through a motor vehicle section should be carried out by getting off. If there is a crosswalk or pedestrian crossing facility, you should get off at the crosswalk or pedestrian crossing facility;
Electric bicycles carrying goods shall comply with the provisions of relevant laws and regulations, and take reinforcement measures to prevent the goods from scattering and drifting, and the height, width and length of the goods shall not affect road traffic safety;
Other circumstances stipulated by laws and regulations.
Twenty-fourth driving and riding electric bicycles should wear safety helmets. Except as otherwise provided by laws and regulations.
Business units that use electric bicycles to engage in express delivery and take-away should play a self-discipline role in the industry and require employees to wear safety helmets and drive at a prescribed speed.
Twenty-fifth driving an electric bicycle on the road shall not have the following acts that affect traffic safety:
Driving an assembled or illegally installed or modified electric bicycle;
Chasing each other, speeding and driving in the opposite direction;
Drunk driving or driving after taking psychotropic drugs and narcotic drugs under state control;
Towing animals or carrying animals without containers;
Entering expressways, urban expressways, motor vehicle-only overpasses or other motor vehicle-only roads and areas where electric bicycles are prohibited;
Smoking, eating, using hand-held telephones or other electronic communication equipment;
Other circumstances stipulated by laws and regulations.
Twenty-sixth adults can only carry one person when driving an electric bicycle. Those who take minors under the age of six shall use fixed seats with safety protection measures. /kloc-Minors over 0/6 and under 0/8 are not allowed to carry people when driving electric bicycles.
Twenty-seventh people's governments at or above the county level shall increase investment in the construction of centralized parking places and charging facilities for electric bicycles.
Centralized parking places and charging places for electric bicycles shall meet the relevant technical standards for fire safety. Newly built public places, public buildings and residential quarters should also build electric bicycle parking places and set up charging facilities. Existing public buildings and residential quarters should build more parking places for electric bicycles and set up charging facilities. State organs, enterprises and institutions shall, according to local conditions, reasonably set up parking places and charging facilities for electric bicycles.
Centralized charging facilities installed in residential quarters and non-resident users who implement residential electricity prices use electricity, and residential electricity prices are implemented. Unless otherwise stipulated by the state, it shall be implemented in accordance with the relevant provisions of the state.
Twenty-eighth urban management, comprehensive law enforcement and other departments should strengthen the management of electric bicycle parking, reasonably set up electric bicycle parking areas, and guide the orderly parking of electric bicycles. If there is no parking area, parking shall not hinder the passage of other vehicles and pedestrians.
Electric bicycle parking shall not occupy the fire prevention space, fire lane and fire truck climbing site, and shall not interfere with the fire truck operation and affect the normal use of fire control facilities.
Electric bicycles are forbidden to enter manned elevators.
Twenty-ninth charging electric bicycles should comply with the fire safety regulations, and it is not allowed to pull wires or install sockets to charge electric bicycles without permission.
It is forbidden to park or charge electric bicycles in public areas such as public halls, evacuation passages, stairwells, safety exits, and crowded places in buildings. It is forbidden to charge electric bicycles in homes, dormitories, office buildings and other non-centralized charging indoor places in violation of fire safety regulations.
Thirtieth village committees, construction management units and property service enterprises shall implement the responsibility of safety management, and timely discover and stop the illegal parking and charging of electric bicycles in public areas.
Chapter V Comprehensive Management
Article 31 The relevant departments of the people's governments at or above the county level shall formulate and implement infrastructure plans such as parking places and charging facilities for electric bicycles, and strengthen the construction of infrastructure such as roads for non-motor vehicles such as electric bicycles.
Facilities such as marking lines, signs, yield signs and deceleration signs shall be set up at road sections and intersections where traffic accidents occur frequently in rural roads.
Article 32 Business units that use electric bicycles for express delivery and take-out and those that rent electric bicycles online shall implement the main responsibility of enterprises, establish a road traffic safety responsibility system, strengthen safety education for employees, and strengthen supervision over their compliance with road traffic safety laws and regulations and relevant rules and regulations.
Thirty-third business units engaged in express delivery and take-away by using electric bicycles shall abide by the following provisions:
Establish and improve the management ledger of electric bicycles and drivers;
The electric bicycles used meet the mandatory national standards;
Equip drivers with safety helmets;
Do a good job in the maintenance of electric bicycles;
Regularly organize drivers to carry out training and assessment on road traffic safety, fire safety and other laws, regulations and safety knowledge.
Thirty-fourth Internet rental electric bicycle business units shall comply with the following provisions:
The number of electric bicycles put into use shall not exceed the regional quantity restriction requirements determined by the relevant local administrative departments;
The electric bicycles put into use meet the mandatory national standards;
The ship is equipped with a helmet;
Using modern information technology to standardize and facilitate the lessee to park electric bicycles;
Park in strict accordance with the prescribed area, and equip with necessary personnel for standardized management and maintenance of electric bicycles;
Standardize the use and management of centralized charging facilities for electric bicycles.
Thirty-fifth waste batteries of electric bicycles shall be disposed of according to law. The administrative departments of industry and information technology, ecological environment, transportation and other departments of the people's governments at or above the county level shall strengthen the supervision and management of the prevention and control of waste battery pollution of electric bicycles.
The owner or manager of the electric bicycle shall hand over the waste lead storage battery to the lead storage battery production enterprise, a unit with a hazardous waste business license or a qualified waste lead storage battery collection unit for centralized collection, and shall not dump, pile up or discard it without authorization. Other electric bicycle waste batteries shall be disposed of in accordance with the relevant provisions on the prevention and control of environmental pollution by solid waste, and shall not be discarded at will.
Article 36 Owners of electric bicycles are encouraged to take out third-party liability insurance, personal injury insurance and property loss insurance for electric bicycles.
Encourage electric bicycles to be sold with insurance.
Article 37 The people's governments of cities and counties divided into districts shall establish a joint law enforcement mechanism to investigate and deal with illegal acts in the production, sale, use, maintenance, registration, passage, lease operation, parking and charging of electric bicycles according to law, so as to realize information sharing and whole-process supervision.
Chapter VI Legal Liability
Thirty-eighth in violation of the provisions of this Ordinance, laws and regulations and other penalties, from its provisions.
The traffic administrative department of the public security organ shall adhere to the principle of giving priority to education and combining punishment with education when imposing administrative punishment on electric bicycle drivers who violate road traffic safety laws and regulations. If the circumstances are minor and do not affect road traffic, a verbal warning will be given.
Article 39 whoever, in violation of the provisions of these regulations, produces or sells electric bicycles that do not meet the mandatory national standards shall be ordered by the market supervision and management department to stop the illegal behavior, confiscate the illegally produced and sold electric bicycles, and impose a fine of less than three times the value of the illegally produced and sold electric bicycles. Illegal income, if any, shall also be confiscated.
If an electric bicycle leaves the factory, sells, imports or is used in other business activities without compulsory product certification, the market supervision and management department shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan. If there is illegal income, the illegal income shall be confiscated.
If the contents of the certification certificate marked on the electric bicycle and its sales package are inconsistent with the contents of the compulsory product certification certificate, the market supervision and management department shall order it to make corrections within a time limit, and if it fails to make corrections within the time limit, it shall be fined up to 20,000 yuan.
Fortieth in violation of the provisions of this Ordinance, engaged in business assembly, installation, modification and other behaviors that affect the safety performance of electric bicycles, the market supervision and management, comprehensive law enforcement and other relevant departments shall order it to make corrections and impose a fine of more than 5,000 yuan and less than 50,000 yuan. If the owner of electric bicycle assembles, installs or refits it privately, the relevant department shall order it to make corrections and impose a fine of less than 500 yuan.
Forty-first in violation of the provisions of these regulations, driving unregistered electric bicycles on the road, the traffic administrative department of the public security organ shall point out the illegal behavior, order it to make corrections, and may give a warning or impose a fine of fifty yuan if it refuses to make corrections; Driving an electric bicycle that does not meet the mandatory national standards and fails to apply for a temporary license plate in accordance with the regulations, the traffic administrative department of the public security organ shall give it a warning, order it to make corrections, and impose a fine on 50 yuan if it refuses to make corrections.
After the expiration of the transition period, if you still drive an electric bicycle that does not meet the mandatory national standards, the traffic management department of the public security organ shall give a warning and order it to make corrections; Refuses to correct, a fine of two hundred yuan; If you drive illegally on the road again, the traffic management department of the public security organ shall confiscate the vehicle according to law.
Whoever, in violation of the provisions of these regulations, obtains the registration of electric bicycles by cheating or other improper means shall be confiscated by the traffic administrative department of the public security organ, and the registration of electric bicycles shall be revoked, and a fine shall be imposed on 200 yuan.
Article 42 whoever, in violation of the provisions of these regulations, buys, sells, forges or alters the number plate of electric bicycles shall be confiscated by the traffic administrative department of the public security organ and fined between 1,000 yuan and 2,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law. Anyone who uses a forged or altered electric bicycle license plate shall be confiscated by the traffic administrative department of the public security organ and fined by 200 yuan. Anyone who uses other electric bicycle license plates shall be confiscated by the traffic administrative department of the public security organ and fined 100 yuan.
Forty-third in violation of the provisions of this Ordinance, the electric bicycle driver has one of the following acts, the traffic management department of the public security organ shall give a warning or impose a fine of ten yuan or more and fifty yuan or less:
Failing to hang or intentionally block or deface the number plate as required;
Chasing each other, speeding or driving in the opposite direction;
Drunk driving or driving after taking psychotropic drugs and narcotic drugs under state control;
Towing animals or carrying animals without containers;
Entering expressways, urban expressways, motor vehicle-only overpasses or other motor vehicle-only roads or areas where electric bicycles are prohibited;
Smoking, eating, using hand-held telephones or other electronic communication equipment and other behaviors that hinder driving safety;
In violation of the provisions of manned cargo, affecting traffic safety;
Throwing articles and garbage in violation of regulations;
Not driving in non-motor vehicle lanes in violation of regulations.
Forty-fourth driving and riding an electric bicycle without wearing a safety helmet shall be given a verbal warning by the traffic administrative department of the public security organ and ordered to make corrections. Those who refuse to correct or violate the provisions of road traffic safety laws and regulations on road traffic may be given a warning or a fine of not less than ten yuan but not more than fifty yuan depending on the circumstances.
Forty-fifth in violation of the provisions of these regulations, driving an assembled electric bicycle on the road, the traffic management department of the public security organ shall detain it and force it to be scrapped; Driving an installed or modified electric bicycle on the road, the traffic administrative department of the public security organ shall order it to make corrections and impose a fine of 100 yuan.
Forty-sixth in violation of the provisions of this Ordinance, in public halls, evacuation routes, stairwells, exits, crowded places and indoor places such as houses, dormitories, office buildings, etc., electric bicycles are parked or charged. , endangering public fire safety, the fire rescue agency shall order it to make corrections; Refuses to correct, the business unit shall be fined between 2,000 yuan and 10,000 yuan, and the individual shall be given a warning or fined between 500 yuan.
Article 47 The traffic administrative department of the public security organ and the relevant administrative departments may interview the express delivery and take-away business units and the internet rental electric bicycle business units that fail to fulfill the road traffic safety responsibility system and have outstanding traffic safety risks, and order them to take rectification measures within a time limit.
Units that use electric bicycles to engage in express delivery, take-away and other business activities and Internet rental business units fail to fulfill their obligations under these regulations, and the relevant administrative departments shall order them to make corrections; Refuses to correct, at more than ten thousand yuan to fifty thousand yuan fine.
Article 48 Any state functionary who, in violation of the provisions of these Regulations, commits any illegal acts such as abuse of power, dereliction of duty or malpractice in the management of electric bicycles shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 49 Electric two-wheeled motorcycles and electric tricycles shall be managed in accordance with relevant laws and regulations.
Article 50 These Regulations shall come into force as of May 6, 2022.