E-bikes Regulation in Beijing

• Author: Yu Lingyun, Shi Lidong, Zhao Lijun
• Pages: 343-368

2019] E-BIKES REGULATION IN BEIJING 343

E-BIKES REGULATION IN BEIJING

YU Lingyun

SHI Lidong

ZHAO Lijun

Abstract

E-bikes regulation is a comprehensive urban traffic management, which connects all links and

involves the participation of all interested parties. In Beijing, the E-bike governance has been

changed from “prohibition” to “regulation”, which mainly concentrates on three aspects:

product quality, registration for license plates, and management of non-standard vehicles.

Product Catalog is an administrative guide demonstrating national standards that connect

various regulation means: E-bikes should be qualified under the Catalog; the department of

transportation manages the registration of electric bicycles and the application of license plates

through the Catalog. Registration and license plates provide the transportation police with a

means to effectively control the E-bikes running on the road. The transitional period of non-

standard-vehicles is a beneficial attempt to balance the public’s well-being, government’s

power, and citizens’ rights and obligations.

I. INTRODUCTION

In order to regulate traffic congestion and alleviate air pollution,

Beijing has issued traffic control policies such as restricting the

purchase of motor vehicles and prohibiting the use of motorcycles.

The electric bicycle (hereinafter referred to as “E-bike”), standing out

for being convenient, environmentally friendly, and cost-efficient, has

been popular since it entered into the market. E-bike serves as an

alternative means of transportation highly preferred by the public,

especially the low-and-moderate-income population. As is estimated,

there are roughly 4 million E-bikes in Beijing at present, with an

average annual growth of 800,000 E-bikes.1

However, the rise of E-bikes has brought about various

management problems mainly centering around vehicles and riders.

On one hand, the majority of E-bikes fail to meet national

standards. Among the E-bike models2 in the market, many have the

1 Data come from the presentation of Mrs. Guo Jinzhi, President of Beijing Bicycle & Electric

Vehicles Industry Association.

2 Those E-bikes including the standard E-bikes and non-standard ones. Before 15th April 2019, non-

standard E-bike means E-bike out of the national standard (GB 17761-1999) but meet the local standard,

344 TSINGHUA CHINA LAW REVIEW [Vol. 11:341

problems of being overweight and over-speeding. Low-quality

reflection devices below the national standard also pose major safety

risks. According to the results of E-bike quality-monitoring

announced by the Beijing Administration for Industry and Commerce

on May 13, 2013, a total of 10 E-bike models were categorized as

unqualified products; three other models did not meet the

requirements of national standards though they were categorized as

qualified products.3

On the other hand, E-bikes have invoked traffic accidents with high

mortality rates and noticeable violations of traffic rules. In 2004, the

nationwide number of deaths in traffic accidents caused by E-bike was

589 and the number of injuries was 5,295.4 In 2013, the number of

deaths surged to 5,752 and the number of injuries reached 29,010.5

During this decade, the number of deaths has increased by 8.8 times

and the number of injuries has increased by 4.5 times. There are three

types of common violations of traffic rules. First, the majority of E-

bikes are not registered with license plates. A field research of E-bikes

on the street of Beijing on May 24, 2012 showed that, of 296 E-bikes

passing by in more than 40 minutes, only less than a quarter put on

especially on the factors of weight and battery power. It is legitimate to make local standards because of

the vast majority of factors in that national standard is just recommendatory rather than compulsory. See

Guojia Zhiliang Jishu Jianduju ( 国家质量技术监督局) [State Bureau of Quality & Technical

Supervision], GB 17761-1999, Diandong Zixingche Tongyong Jishu Tiaojian (电动自行车通用技术条

件) [Electric Bicycles—General technical requirements] (1999), invalidated by GB 17761-2018 (2018).

However, there was no E-bike manufacturer in Beijing, which means the quality inspection department

in Beijing cannot inspect the productive process of E-bike according the local standard enacted by other

provinces. More details will be discussed in the Part V.

3 According to another quality monitoring result two months later, 13 models were determined as

unqualified products; another 2 models did not meet the requirements of national standards although they

were determined as qualified products. See Beijing Shi Gongshangju Liutong Lingyu Diandong

Zixingche Zhiliang Jieguo Gongshi ( 北京市工商局流通领域电动自行车质量监测结果公示)

[Announcement of Quality Monitoring Results of E-bikes in Circulation Area in Beijing], BEIJING GOV’T

(May 13, 2013), http://gsj.beijing.gov.cn/gzfw/spzlgs/spzlgs/201801/t20180109_1388843.html [here-

inafter Announcement of Results]; Announcement of Results, supra note 3, BEIJING GOV’T (July 10,

2013), http://gsj.beijing.gov.cn/gzfw/spzlgs/spzlgs/201801/t20180109_1388855.html; Announcement of

Results, supra note 3, BEIJING GOV’T (Aug. 2, 2013), http://gsj.beijing.gov.cn/gzfw/spzlgs/spzlgs/20180

1/t20180109_1388865.html.

4 See Gonganbu Jiaotong Guanliju (公安部交通管理局) [Traffic Admin. Bureau of Ministry of Pub.

Sec.], Daolu Jiaotong Shigu Tongji Nianbao (2004 Niandu) (道路交通事故统计年报(2004年度)) [Ann.

Rep. on Stat. of Road Traffic Accidents (2004)].

5 See Gonganbu Jiaotong Guanliju (公安部交通管理局) [Traffic Admin. Bureau of Ministry of Pub.

Sec.], Daolu Jiaotong Shigu Tongji Nianbao (2013 Niandu) (道路交通事故统计年报(2013年度)) [Ann.

Rep. on Stat. of Road Traffic Accidents (2013)].