Since the implementation of the "Shanghai Municipality Non-Motor Vehicle Safety Management Regulations" on May 1, 2021, it has played an active role in strengthening non-motor vehicle safety management, preventing and reducing traffic and fire safety accidents, and safeguarding the lives and property of the people.

In recent years, with the rapid growth in the number of electric bicycles, fire accidents caused by illegal parking and charging of electric bicycles have shown a high-frequency trend, posing a serious threat to the lives and property of the people. To implement the deployment requirements of the State Council and the Municipal Committee, the municipal government submitted a request to the Municipal People's Congress Standing Committee in April this year to modify and improve the "Shanghai Municipality Non-Motor Vehicle Safety Management Regulations", further strengthen the safety governance of electric bicycles in this city, enhance refined management level, and ensure urban operational safety and the safety of people's lives and property. The modified and improved "Shanghai Municipality Non-Motor Vehicle Safety Management Regulations" will take effect on June 1, 2024, with key contents as follows:

(1) Strengthen the Promotion of Charging Facilities Construction

Municipal and district people's governments shall increase investment in the construction of non-motor vehicle parking areas and charging facilities in built residential communities, coordinate safety and convenience, and vigorously promote the construction of non-motor vehicle parking areas and charging facilities based on local conditions to better meet residents' needs for standardized daily charging.

(2) Strengthen Safety Management of Electric Bicycle Batteries

To adapt to the requirements of current changes in electric bicycle safety governance, the "Management Regulations" highlight management requirements for electric bicycle batteries, guiding and standardizing behaviors related to battery carrying, placement, and charging in multiple provisions, striving to reduce safety hazards caused by batteries. According to Ma Jianhong, Director of the Shanghai Emergency Management Bureau, among the over one thousand electric bicycle fires in 2023, approximately one-fifth were related to indoor charging fires.

Article 29 of the "Shanghai Municipality Non-Motor Vehicle Safety Management Regulations"

When charging electric bicycles and their batteries, safety shall be ensured, and it is prohibited to pull wires and sockets for charging electric bicycles and their batteries in violation of electrical safety requirements.

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

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

(2) Evacuation passages, emergency exits, fire truck passages and their adjacent areas affecting passage;

(3) Indoor areas of places where people gather;

(4) Indoor areas of residential buildings, except for designated electric bicycle parking and charging areas that comply with relevant standards.

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

For behaviors that violate the provisions of the first, second, and third paragraphs, non-motor vehicle parking facility managers, property service enterprises, and owner self-management organizations shall persuade and stop such behaviors, and handle them in accordance with management conventions or property service contract agreements; for those who do not heed persuasion and stoppage, reports shall be made to urban management law enforcement departments or departments responsible for fire supervision and management. Urban management law enforcement departments or departments responsible for fire supervision and management shall handle them according to law.

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

For violations of the provisions of these Regulations that cause safety hazards or lead to accidents, resulting in damage to national interests or public interests, the people's procuratorate shall, in accordance with the law, explore the conduct of procuratorial public interest litigation in areas such as urban public safety.

【Legal Interpretation Case】

On the morning of April 1, 2024, a fire occurred in a residential community within the jurisdiction of Changbai Xincun Subdistrict in Yangpu District, resulting in damage and destruction in the bedroom, with a burned area of approximately 2 square meters, and no casualties.

After investigation, Yangpu police found that resident Dai had brought an electric bicycle lithium battery into the bedroom for charging the night before the fire, causing the fire. Currently, Dai has been administratively detained by Yangpu police in accordance with the law for the illegal act of causing fire through negligence.

(3) Strengthen Safety Management of Carrying Electric Bicycles on Passenger Ferries

The "Management Regulations" add safety management requirements for carrying electric bicycles on passenger ferries, including equipping with fire-fighting facilities and equipment, strengthening safety inspections of electric bicycles, etc., to reduce transportation risks and enhance emergency response capabilities, and clarify that those carrying electric bicycles on passenger ferries shall comply with management requirements established by the operating units.

(4) Strengthen Comprehensive Governance of Illegal Charging Behaviors

To prevent fire hazards caused by illegal charging behaviors, the "Management Regulations" elaborate on the prohibition of illegal parking and charging in areas such as building common areas, fire passages, and places where people gather; set legal liability for pulling wires and sockets for charging electric bicycles and their batteries; added provisions prohibiting illegal parking and charging in indoor areas of residential buildings and prohibiting bringing electric bicycles or their batteries into elevator cars, and set corresponding legal liabilities. To further leverage the advantages of mass prevention and governance, the "Management Regulations" clarify that non-motor vehicle parking facility managers, property service enterprises, and owner self-management organizations shall persuade and stop illegal charging behaviors, and handle them in accordance with management conventions or property service contracts; for those who do not heed persuasion and stoppage, reports shall be made to law enforcement departments. In addition, the "Management Regulations" also provide guiding provisions on administrative, criminal, and civil liabilities that may be assumed for fires caused by illegal parking and charging; and clarify that procuratorial organs shall, in accordance with the law, explore the conduct of procuratorial public interest litigation for related accidents and hazards.

(5) Strengthen Source Governance of Electric Bicycle "Assembly, Addition, and Modification"

Assembly, addition, and modification of electric bicycles and their batteries increase driving safety risks and the probability of vehicle spontaneous combustion and explosion, seriously endangering the safety of drivers themselves and public safety. To better prevent and control electric bicycle safety risks from the source, the "Decision on Modification" clarifies corresponding legal liabilities for engaging in assembly, addition, and modification of non-motor vehicles for commercial purposes or selling assembled, added, or modified non-motor vehicles.

【Legal Interpretation Case】

In late March, traffic police officers from the Baoshan Branch of the Shanghai Municipal Public Security Bureau discovered during law enforcement that multiple exceeding-standard electric bicycles all came from a certain bicycle shop on Changjiang South Road. Based on clues provided by traffic police, the economic investigation detachment and Songnan Police Station immediately conducted investigations and found that multiple electric bicycles awaiting "repair" were parked inside the shop, all of which were new vehicles, with welding tools also placed nearby, indicating suspected illegal modification.

After several days of investigation and verification, police found that to evade punishment, the shop's staff would randomly select two days each week for customers with modification needs, operating under the guise of "regular maintenance services," scheduling customers to bring their vehicles to the shop after 8 PM, and then conducting concentrated modifications under the cover of night.

According to suspect Miao's confession, since 2023, knowing that illegal modification of electric bicycles posed safety hazards, to seek illegal profits, he instructed shop employees to modify the 48V batteries of the regular-brand electric bicycles sold by the shop into high-powered 60V, 72V batteries, with sales amounts reaching over 250,000 yuan. Currently, suspect Miao and 2 other individuals have been criminally detained in accordance with the law on suspicion of the crime of producing and selling counterfeit and defective products, and the case is under further investigation.

(6) Penalties

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

For violations of the provisions of Article 12 of these Regulations, engaging in assembly, addition, and modification of non-motor vehicles for commercial purposes or selling assembled, added, or modified non-motor vehicles, market supervision departments shall impose fines ranging from 5,000 yuan to 50,000 yuan.

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

For violations of the provisions of the first paragraph of Article 29 of these Regulations, pulling wires and sockets for charging electric bicycles and their batteries, urban management law enforcement departments shall order corrections and may impose fines ranging from 50 yuan to 200 yuan.

For violations of the provisions of the second paragraph of Article 29 of these Regulations, they shall be handled in accordance with the following provisions:

(1) For illegal parking, placement of electric bicycles and their batteries, or charging of electric bicycles and their batteries in common areas such as building ground floor lobbies, shared corridors, stairwells, and hallways, urban management law enforcement departments shall handle them in accordance with the relevant provisions of the "Shanghai Municipality Residential Property Management Regulations";

(2) For illegal parking, placement of electric bicycles and their batteries, or charging of electric bicycles and their batteries in evacuation passages, emergency exits, fire truck passages and their adjacent areas affecting passage, fire rescue agencies shall handle them in accordance with the relevant provisions of the "Fire Protection Law of the People's Republic of China";

(3) For illegal parking, placement of electric bicycles and their batteries, or charging of electric bicycles and their batteries in indoor areas of places where people gather, fire rescue agencies shall order the places where people gather to make corrections, and impose fines ranging from 1,000 yuan to 10,000 yuan; in serious circumstances, fines ranging from 10,000 yuan to 50,000 yuan shall be imposed;

(4) For illegal parking, placement of electric bicycles and their batteries, or charging of electric bicycles and their batteries in indoor areas of residential buildings, urban management law enforcement departments shall order corrections and impose fines ranging from 200 yuan to 500 yuan.

For violations of the provisions of the third paragraph of Article 29 of these Regulations, bringing electric bicycles or their batteries into elevator cars, ,urban management law enforcement departments and fire rescue agencies shall, in accordance with their respective responsibilities, impose fines ranging from 200 yuan to 500 yuan.

For violations of the provisions of the first, second, and third paragraphs of Article 29 of these Regulations, causing fire through negligence, if it does not constitute a crime, punishment shall be imposed 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 investigated in accordance with the law; if it causes personal injury or property loss to others, civil liability shall be borne in accordance with the law.