Since its implementation on May 1, 2021, the "Shanghai Municipality Regulations on the Safety Management of Non-Motorized Vehicles" has played a positive role in strengthening the safety management of non-motorized vehicles, preventing and reducing traffic and fire safety accidents, and ensuring the safety of life and property of the people.

In recent years, with the rapid increase in the number of electric bicycles, fire accidents caused by the illegal parking and charging of electric bicycles have shown a high incidence trend, posing a serious threat to the safety of life and property of the people. To implement the relevant deployment requirements of the State Council and the Municipal Party Committee, the Municipal Government submitted a proposal to the Standing Committee of the Municipal People's Congress in April of this year to amend and improve the "Shanghai Municipality Regulations on the Safety Management of Non-Motorized Vehicles," further strengthening the safety governance of electric bicycles in this municipality, enhancing the level of refined management, and ensuring the safety of urban operations and the safety of life and property of the people. The amended and improved "Shanghai Municipality Regulations on the Safety Management of Non-Motorized Vehicles" will take effect on June 1, 2024, with the key contents as follows:

(1) Intensifying Efforts to Promote the Construction of Charging Facilities

The municipal and district people's governments shall increase investment in the construction of parking areas and charging facilities for non-motorized vehicles in existing residential communities, balance safety and convenience, and vigorously promote the construction of parking areas and charging facilities for non-motorized vehicles based on local conditions, so as to better meet the daily standardized charging needs of residents.

(2) Strengthening the Safety Management of Electric Bicycle Batteries

To adapt to the changing requirements of the current electric bicycle safety governance situation, the "Regulations" highlight the management requirements for electric bicycle batteries, guiding and regulating the carrying, placement, and charging of batteries by the public in multiple provisions, with a focus on reducing safety hazards caused by batteries. According to Ma Jianhong, Director of the Shanghai Municipal Emergency Management Bureau, among the thousands of electric bicycle fires in 2023, approximately one-fifth were related to indoor charging fires.

Article 29 of the "Shanghai Municipality Regulations on the Safety Management of Non-Motorized Vehicles"

When charging an electric bicycle and its battery, safety shall be ensured, and it shall not be permitted to lay wires and sockets privately in violation of electrical safety requirements for charging the electric bicycle and its battery.

It is prohibited to park or store electric bicycles and their batteries, or to charge electric bicycles and their batteries, in the following areas:

(1) Common areas such as the ground floor lobby, shared hallways, stairwells, and corridors of buildings;

(2) Evacuation routes, emergency exits, fire engine access roads, and areas on both sides thereof that impede passage;

(3) Indoor areas of places of public assembly;

(4) Indoor areas of residential buildings, except for designated centralized parking and charging areas for electric bicycles established in accordance with relevant standards.

It is prohibited to carry electric bicycles or their batteries into elevator cars.

With respect to acts violating the provisions of the first, second, and third paragraphs, the manager of non-motor vehicle parking facilities, property service enterprises, and业主自行管理机构 (self-governing bodies of property owners) shall advise against and stop such acts, and handle the matter in accordance with the management regulations or the property service contract; if the advice or stop is disregarded, they shall report to the urban management and law enforcement department or the department responsible for fire supervision and administration. The urban management and law enforcement department or the department responsible for fire supervision and administration shall handle the matter in accordance with the law.

Article 38 of the Shanghai Non-Motor Vehicle Safety Management Regulations

Where a violation of these Regulations creates a potential safety hazard or causes an accident, thereby harming the national interest or the social public interest, the People's Procuratorate shall, in accordance with the law, explore the initiation of procuratorial public interest litigation in areas such as urban public safety.

[Case for Legal Interpretation]

On the morning of April 1, 2024, a fire incident occurred in a residential community under the jurisdiction of Changbai Xincun Subdistrict, Yangpu District. The fire resulted in the burning and damage of items within the bedroom, with an affected area of approximately 2 square meters, and no casualties were caused.

An investigation by the Yangpu Police found that a resident, surnamed Dai, had brought the lithium battery of an electric bicycle into the bedroom for charging the night before the fire, which led to the occurrence of the fire. Currently, Dai has been lawfully subjected to administrative detention by the Yangpu Police for the illegal act of causing a fire through negligence.

(III) Strengthening the Safety Management of Electric Bicycles Carried on Passenger Ferries

The "Management Regulations" add safety management requirements for the carriage of electric bicycles on passenger ferries, including the equipping of fire-fighting facilities and equipment, and the strengthening of safety inspections of electric bicycles, so as to reduce the risks and hazards of carriage and enhance emergency response capabilities. It also specifies that persons carrying electric bicycles on passenger ferries shall comply with the management requirements formulated by the operating entity.

(4) Strengthening Comprehensive Management of Unauthorized Charging Practices

To mitigate the fire risks and hazards posed by unauthorized charging practices, the Administrative Regulations have refined the provisions prohibiting unauthorized parking and charging in common areas of buildings, fire access roads, and densely populated places; established legal liability for charging electric bicycles and their batteries by means of privately strung wires and sockets; and added provisions prohibiting unauthorized parking and charging in indoor areas of residential buildings, as well as prohibiting the carrying of electric bicycles or their batteries into elevator cars, with corresponding legal liability. To further leverage the advantages of mass prevention and mass governance, the Administrative Regulations explicitly stipulate that managers of non-motor vehicle parking facilities, property service enterprises, and owners' self-governance organizations shall discourage and stop unauthorized charging practices, and shall handle such matters in accordance with the management covenant or property service contract; if the violator refuses to heed such discouragement or cessation, the matter shall be reported to law enforcement authorities. Furthermore, the Administrative Regulations provide guiding provisions regarding the administrative, criminal, and civil liability that may arise from fires caused by unauthorized parking and charging; and explicitly state that procuratorial organs shall, in accordance with the law, explore and carry out procuratorial public interest litigation in relation to relevant accidents and potential hazards.

(5) Strengthening Source Control of "Assembling, Adding, and Modifying" Electric Bicycles

Assembling, adding parts to, or modifying electric bicycles and their batteries increases the risk of driving safety incidents and the probability of vehicle self-ignition or explosion, seriously endangering the safety of the driver and public safety. To better prevent and control safety risks of electric bicycles at the source, the Amending Decision explicitly stipulates corresponding legal liability for engaging in the commercial activity of assembling, adding parts to, or modifying non-motor vehicles, or for selling assembled, added-to, or modified non-motor vehicles.

[Case Study for Legal Interpretation]

In late March, police officers from the Traffic Police Detachment of the Baoshan Branch of the Shanghai Public Security Bureau discovered during law enforcement that multiple over-standard electric vehicles all originated from a certain vehicle shop on South Changjiang Road. Based on clues provided by the traffic police, the Economic Crime Investigation Detachment and the Songnan Police Station immediately launched an investigation and found that multiple electric bicycles awaiting "repair" were parked inside the shop, all of which were new vehicles, and welding tools were placed nearby, indicating suspected illegal modification.

After several days of field visits and investigations, police officers discovered that, in order to evade crackdowns, the shop's staff selected two days per week at random for vehicle owners requiring modifications, using the pretext of "regular maintenance service" to schedule appointments for owners to deliver their vehicles to the shop after 20:00 hours, and then utilizing the cover of darkness to carry out centralized modifications.

According to the confession of the criminal suspect Miao, since 2023, while fully aware of the safety hazards posed by illegally modified electric bicycles, and for the purpose of obtaining illegal profits, he instructed employees in his store to modify the 48V batteries of the legitimate brand electric bicycles sold by the store into high-power 60V and 72V batteries, with total sales amounting to over RMB 250,000. Currently, the three criminal suspects, including Miao, have been lawfully placed under criminal detention on suspicion of the crime of producing and selling counterfeit and substandard products. The case is under further investigation.

(6) Penalty Measures

Article 42 of the Shanghai Non-Motor Vehicle Safety Management Regulations

Any person who, in violation of Article 12 of these Regulations, engages in the business of assembling, adding to, or modifying non-motor vehicles, or sells assembled, added-to, or modified non-motor vehicles, shall be fined by the market supervision and administration department not less than RMB 5,000 but not more than RMB 50,000.

Article 44 of the Shanghai Non-Motor Vehicle Safety Management Regulations

Any person who, in violation of Paragraph 1 of Article 29 of these Regulations, draws wires and installs sockets without authorization to charge electric bicycles or their batteries, shall be ordered by the urban management and law enforcement department to make corrections, and may be fined not less than RMB 50 but not more than RMB 200.

Any person who violates the provisions of Paragraph 2 of Article 29 of these Regulations shall be dealt with in accordance with the following provisions:

(1) Where an electric bicycle or its battery is illegally parked or placed, or where an electric bicycle or its battery is illegally charged, in common areas such as the ground floor lobby, common walkways, stairwells, or corridors of a building, the urban management and law enforcement department shall handle the matter in accordance with the relevant provisions of the Shanghai Regulations on Residential Property Management;

(2) Where an electric bicycle or its battery is illegally parked or placed, or where an electric bicycle or its battery is illegally charged, in evacuation routes, safety exits, fire truck access routes, or areas on both sides thereof that impede passage, the fire rescue authority shall handle the matter in accordance with the relevant provisions of the Fire Protection Law of the People's Republic of China;

(3) Where an electric bicycle or its battery is illegally parked or placed, or where an electric bicycle or its battery is illegally charged, in the indoor area of a place of public assembly, the fire rescue authority shall order the place of public assembly to make corrections and impose a fine of not less than one thousand yuan but not more than ten thousand yuan; if the circumstances are serious, a fine of not less than ten thousand yuan but not more than fifty thousand yuan shall be imposed;

(4) Where an electric bicycle or its battery is illegally parked or placed, or where an electric bicycle or its battery is illegally charged, in the indoor area of a residential building, the urban management and law enforcement department shall order corrections and may impose a fine of not less than two hundred yuan but not more than five hundred yuan.

Where, in violation of Paragraph 3 of Article 29 of these Regulations, an electric bicycle or its battery is carried into an elevator car, the urban management and law enforcement department or the fire rescue authority shall, in accordance with their respective functions and duties, impose a fine of not less than two hundred yuan but not more than five hundred yuan.

Where, in violation of Paragraphs 1, 2, or 3 of Article 29 of these Regulations, a fire is caused by negligence, which does not constitute a crime, the matter shall be penalized in accordance with the relevant provisions of the Fire Protection Law of the People's Republic of China; if it constitutes a crime, criminal liability shall be pursued in accordance with the law; if it causes personal injury or property damage to others, civil liability shall be borne in accordance with the law.