Beijing News (Reporter Han Xuyang) Recently, Mr. Shen, a resident, was caught by traffic police driving his Tianjin-licensed car during the morning rush hour on Chongwenmen Street. Mr. Shen thought he would just be fined 100 yuan as usual, but unexpectedly, the police informed him that he would also be penalized 3 points.
Yesterday, the Legal Affairs Office of the Beijing Municipal Traffic Management Bureau confirmed that starting from early November, non-Beijing passenger vehicles entering Beijing during weekday morning and evening rush hours and traveling within the Fifth Ring Road (inclusive) will be fined 100 yuan and penalized 3 points.
Fined 100 yuan and then penalized another 3 points
At around 7 a.m. on November 21, Mr. Shen drove a car with a “Jin N” license plate to Beijing Railway Station to pick someone up. According to Beijing’s relevant regulations, out-of-town licensed vehicles are prohibited from traveling within the Fifth Ring Road (inclusive) from 7 to 9 a.m. and from 5 to 8 p.m.
Mr. Shen said he was aware of the traffic ban but urgently needed the car, so he had mentally prepared to accept the 100-yuan fine. However, half an hour later, when he was stopped by traffic police at the Chongwenmen intersection, he was told that due to violating the traffic restriction, he would be fined 100 yuan and penalized 3 points.
Isn’t it just a fine without penalty points? Mr. Shen said the police responded at the time that to strengthen penalties for out-of-town licensed vehicles violating the rush-hour travel ban, the punishment had been increased starting in November.
Mr. Shen’s “Administrative Penalty Decision” was issued by a police officer from the Qianmen Brigade of the Dongcheng Traffic Detachment, stating that the Jin N*** licensed passenger vehicle violated the no-entry sign. In accordance with Article 90 of the Road Traffic Safety Law of the People’s Republic of China, a fine of 100 yuan was imposed. Additionally, according to the Regulations on the Application and Use of Motor Vehicle Driving Licenses, 3 points were recorded.
Mr. Shen said that previous media reports had indeed mentioned that the traffic management department was studying increasing penalties for violations by out-of-town licensed vehicles, but he did not expect the new rule to be implemented in November without any prior notice or public announcement.
Traffic police say penalty basis has changed
Yesterday, the traffic management bureau’s website did not post any related notices or announcements. A reporter inquired with the Dongcheng Traffic Detachment under the guise of being a car owner to confirm whether the penalty method had been adjusted, and the staff confirmed Mr. Shen’s penalty.
A staff member from the brigade’s Legal Affairs Department explained that previously, out-of-town licensed vehicles violating the peak-hour traffic restriction were penalized for “violating traffic restriction regulations,” with a 100-yuan fine for each violation and one penalty every three hours. “Now all such cases are treated as violations of no-entry signs, so in addition to the 100-yuan fine, 3 points are also penalized.”
A staff member from the Legal Affairs Office of the Municipal Traffic Management Bureau stated that there was no issue with penalizing violations like Mr. Shen’s, which were handled as violations of no-entry signs. The staff member explained that no-entry signs prohibiting out-of-town vehicles from entering the Fifth Ring Road during morning and evening rush hours have been installed at all entry points to Beijing and on major roads to remind drivers.
■ Follow-up Questions
Will out-of-town vehicles be penalized with points if caught by cameras for violating traffic restrictions?
Out-of-town vehicles caught violating restrictions will also be penalized with points
A staff member from the Legal Affairs Office of the Traffic Management Bureau stated that after the adjustment to penalize non-local passenger vehicles violating rush-hour traffic restrictions, both on-site and off-site enforcement will result in a 3-point penalty in accordance with relevant laws and regulations.
He further explained that those who previously violated rush-hour traffic restrictions would not be pursued, but starting from November, those caught violating restrictions by cameras will also be penalized with points.
Will Beijing-licensed vehicles also face increased penalties for violating restrictions?
Beijing-licensed vehicles violating restrictions will also be penalized with points and fines
According to traffic authorities, Beijing-licensed vehicles must still comply with the five-day traffic restriction rules. Those who violate the restrictions and drive on the road will be fined 100 yuan, with no penalty points. In August this year, a head of the traffic management department stated that they were determined to crack down on violations of the five-day traffic restriction rules. The more violations occur, the greater the harm to the city government’s congestion relief measures. Relevant departments are studying adjustments to enforcement intensity, and these adjustments are not only aimed at out-of-town licensed vehicles. Beijing-licensed vehicles that violate traffic restrictions will also be fined 100 yuan and penalized 3 points. Publicity will be given one week or 15 days in advance before any enforcement adjustments.
■ Expert Opinion
“Adjustments to administrative law enforcement should be widely publicized”
Wang Xizhen, professor and vice dean of the Law School at Peking University, believes that the adjustment of this administrative penalty measure affects the interests of many people. Even if the adjustment is necessary and legal, there should undoubtedly be a full process of public disclosure and transparency during the adjustment. This is an adjustment in law enforcement procedures, and in terms of openness and public participation, the formulation of such rules should involve broad participation and higher transparency. In addition, public acceptance is also essential.
If the Beijing Municipal Traffic Management Bureau had previously held public forums and discussed this matter, it could be considered a way of soliciting opinions. But just discussing it does not count as effective public disclosure, as public disclosure must achieve awareness. Legally speaking, stakeholders with sufficient interest should be fully informed.
Wang Xizhen stated that law enforcement departments should follow specific procedures for public disclosure, at least on the traffic management bureau’s website, or through channels such as traffic radio and the media, to achieve the desired effect.
■ News Background
Traffic authorities had previously hinted at increasing penalties
In fact, this is not the first time that increasing penalties for out-of-town licensed vehicles violating rush-hour traffic restrictions has been proposed. On July 12 of this year, at a public forum held by the Beijing Municipal Traffic Management Bureau, a head of the bureau revealed that the traffic management department was studying increasing penalties for vehicles purchased in Beijing but registered out of town and used long-term in Beijing—changing from the original fine of 100 yuan with no penalty points to a fine of 100 yuan plus 3 penalty points.
The specific measure involves installing new traffic devices around and at the entrances of the Fifth Ring Road to remind non-local vehicles that they are prohibited from entering during restricted hours. In terms of penalties, the previous punishment of a 100-yuan fine without point deduction under Beijing’s local regulations has been adjusted to a 100-yuan fine plus 3-point deduction in accordance with the relevant provisions of the “Road Traffic Safety Law.”
In addition, traffic authorities will strictly control the issuance of Beijing entry permits and will no longer issue long-term Beijing entry permits to residents of Beijing.
■ Related News
1:94.5 – It’s Even Harder to Win a Car License Plate Lottery in Beijing
By The Beijing News (Reporters Guo Chao and Intern Wang Bo) Since November, the number of applicants for the passenger vehicle license plate lottery has further increased to over 1.74 million, setting a new record high in the difficulty of winning, with odds of approximately 1:94.5.
According to an announcement from the Beijing Municipal Commission of Transport’s Passenger Vehicle Quota Control Office, as of 24:00 on November 8, 2013, there were 1,740,495 valid individual applications for passenger vehicle quotas, an increase of about 78,000 compared to the previous month.
This morning, the lottery draw will be conducted under the supervision of notary officials, with the official website of the Beijing Municipal Government (http://www.beijing.gov.cn) providing a live online broadcast. Statistics show that this round of the lottery will produce 18,415 winning codes, with an approximate winning ratio of 1:94.5.
It is understood that since the beginning of this year, the difficulty of the lottery has remained consistently high. Last month, the media reported a winning ratio of 1:90, which was already a historic high, but this month it has been surpassed.
Additionally, the Beijing Municipal Commission of Transport’s Passenger Vehicle Quota Control Office also issued a notice stating that some applicants may experience issues such as not receiving verification text messages. This is due to recent system adjustments by telecom operators including China Mobile, China Telecom, and China Unicom. Relevant departments are actively coordinating with the operators to restore the systems. During this period, applicants can visit the passenger vehicle quota control service windows set up by district (county) governments to handle their applications.