(Issued on September 21, 2020 in accordance with Decree No. 174 of the People's Government of Guangzhou Municipality and put into effect on November 1, 2020)

　　Article 1 These Measures are formulated in accordance with the Law of the People's Republic of China on Road Traffic Safety, the Rules of Guangzhou Municipality for the Administration of Non-motor Vehicles and Motorcycles and other laws and regulations, in the light of the actual situation of this Municipality, and with a view to strengthening the administration of Internet-based rental bicycles, promoting the development of green travel, and maintaining good public order, urban appearance and environment.

　　Article 2 These Measures are applicable to the operation and use of Internet-based rental bicycles in the administrative areas of this Municipality, as well as the management activities related thereto.

　　The term "Internet-based rental bicycles" herein refers to the commercial bicycles whose business operators build a service platform based on Internet technology to provide users with time-sharing rental services, except those operating in closed mode in non-urban road areas such as parks, scenic areas, industrial parks, specialty wholesale markets, enterprises and public institutions.

　　Article 3 The Municipality promotes the integrated development of Internet-based rental bicycle s and public transport, to construct a green and low-carbon travel system.

　　The development of Internet-based rental bicycles in the Municipality is based on innovative, standardized and orderly service, parking within specific areas and co-governance mechanism.

　　Article 4 Competent transportation authorities are responsible for the supervision and administration of the operation and service behavior of Internet-based rental bicycles, and shall organize the formulation of relevant policies, and regulate the development of Internet-based rental bicycle industry. The municipal transportation authority is responsible for organizing the implementation of these Measures.

　　Public security organs are responsible for investigating and dealing with violations of road traffic safety regulations as well as violations of law, such as destroying and stealing Internet rental bicycles.

　　The law enforcement departments for urban management are responsible for guiding based rental bicycles to park according to the urban appearance standards, and investigating and dealing with illegal parking activities that may affect the urban appearance and environment.

　　The departments of planning and natural resources, market supervision and administration, housing and urban-rural construction, local financial supervision and administration, and Internet information shall implement these Measures in accordance with their respective responsibilities.

　　Each district people's government is responsible for coordinating the competent transportation authorities, public security, housing and urban-rural construction, and law enforcement for urban management at the corresponding level to carry out the supervision and administration of the delivery, parking, dispatching and recycling of Internet-based rental bicycles within its administrative region.

　　Article 5 The municipal transportation authority shall, in conjunction with the municipal development and reform, planning and natural resources, public security traffic control, housing and urban-rural construction and other departments, and district people's governments, scientifically work out the municipal special plans for bicycle lanes according to the urban comprehensive transportation system planning, make overall plans for the construction of bicycle lanes, regulate the setting of bicycle lane signs, guardrails and other management facilities, and ensure the reasonable bicycles traffic space.

　　The competent transportation authorities and other relevant departments and business operators shall strengthen the publicity and education on civilized use of bicycles and safe riding, so as to create a good environment for the orderly development of Internet-based rental bicycle industry.

　　Article 6 Bicycle parking areas shall be set up in accordance with the principles of safety, convenience and adaptation to local conditions. Bicycle parking areas shall be set up around important urban commercial areas, public service areas, transportation hubs, residential areas, tourist attractions, etc.

　　The municipal transportation authority shall, together with municipal public security traffic control, housing and urban-rural construction, law enforcement for urban management, and other departments, formulate technical guidelines for the setting-up of bicycle parking areas on urban roads, and define the layout principles, setting conditions and facilities requirements for bicycle parking areas.

　　Each district people's government shall do a good job in the overall planning and organization of the setting-up of bicycle parking areas within its administrative region. The relevant organizations in the district shall set up bicycle parking areas according to the technical guidelines, and inform the business operators of the information on the setting-up and adjustment of the parking areas in time.

　　The bicycle parking areas set up by relevant organizations in the district shall not be classified by their business operators as no-parking areas.

　　Article 7 The municipal transportation authority shall, in conjunction with the municipal departments of public security traffic control and law enforcement for urban management, put forward suggestions on the setting-up of strictly controlled areas or road sections for Internet-based rental bicycles according to the traffic conditions of urban roads, the operation of Internet-based rental bicycles and other factors, solicit and then publish the opinions of the local district people's government, and set up obvious signs in corresponding areas.

　　Article 8 In the strictly controlled areas or road sections for Internet-based rental bicycles, Internet-based rental bicycles shall be parked in bicycle parking areas and shall not be parked in any other areas or road sections.

　　In the strictly controlled areas or road sections for Internet-based rental bicycles, Internet-based rental bicycles shall be given priority to parking in bicycle parking areas; those parking in other areas shall not occupy any green space, isolation belt, barrier-free facilities or other areas or facilities, and shall not affect the urban appearance or environment or obstruct the normal passage of other vehicles or pedestrians.

　　Article 9 This Municipality shall control the total quantity of Internet-based rental bicycles.

　　According to the public transportation travel demand, the utilization of public resources of urban roads, the carrying capacity of facilities and other factors, the municipal transportation authority shall, together with the municipal law enforcement for urban management, public security traffic control and other departments and the district people's governments, measure the gross scale of Internet-based rental bicycles in each administrative district, form the gross scale of Internet-based rental bicycles in the whole Municipality, and make a report to the municipal people's government for approval.

　　The municipal transportation authority shall evaluate the gross scale of Internet-based rental bicycles in the whole Municipality every three years, and put forward suggestions for dynamic adjustment according to the evaluation results.

　　With regard to the determination and adjustment of the gross scale of Internet-based rental bicycles in the whole Municipality, public participation, expert consultation and demonstration and other work shall be carried out in accordance with the relevant provisions of the Municipality regarding major administrative decision-making procedures.

　　Article 10 The competent transportation authorities shall, according to the gross scale of Internet-based rental bicycles, formulate an operating quota release plan, the contents of which shall include the quantity, term and operating area of the operating quota to be released.

　　The operating quota release plans for Yuexiu District, Haizhu District, Liwan District, Tianhe District, Baiyun District and Huangpu District shall be formulated by the municipal transportation authority, and the implementation thereof shall be organized by the municipal transportation authority. The operating quota release plan for Huadu District, Panyu District, Nansha District, Conghua District or Zengcheng District shall be drawn up by the local district transportation authority, and the implementation thereof shall be organized by the local district transportation authority with the approval by the local district people's government, and such plans shall be submitted to the municipal transportation authority for filing.

　　Article 11 The operating quotas of Internet-based rental bicycles shall be released free of charge in an open and fair way. The term of such quotas shall not exceed three years.

　　A competent transportation authority shall sign a vehicle delivery and management service agreement with a business operator who has obtained the operation quota, specifying the operation and management requirements, performance appraisal standards, liability for breach of contract, etc.

　　Article 12 Without obtaining the operating quota of Internet-based rental bicycles, and business operator shall not engage in the operation of Internet-based rental bicycles in the administrative areas of this Municipality.

　　An business operator shall not transfer or rent its operating quota of Internet-based rental bicycles.

　　Article 13 The competent transportation authorities shall establish a management service quality appraisal system, and regularly appraise the use and turnover, operation and maintenance, public satisfaction and law-abiding operation of the vehicles by the business operators who have obtained the operation quotas. Management service quality appraisal can be entrusted to a third party.

　　The competent transportation authorities shall circulate a notice of the appraisal results to such business operators and publish them to the public. If any business operator has any objection to the result of management service quality appraisal, then it shall file a written appeal to the competent transportation authority within five (5) working days from the date of receiving the notification, and the competent transportation authority shall review it within five (5) working days from the date of receiving the written appeal.

　　The competent transportation authorities can dynamically adjust the amounts of business operators' operating quotas according to the appraisal results, and incorporate relevant information into the public credit information management.

　　Article 14 The competent transportation authority shall withdraw, without compensation, any operation quota under any of the following circumstances:

　　(1) The term of such operation quota has expired;

　　(2) The business operator has terminated its business operation due to bankruptcy, dissolution or revocation of business license, etc.;

　　(3) The vehicle delivery and management service agreement has been terminated or expired.

　　Under any of the following circumstances, the competent transportation authority shall withdraw the corresponding amount of operation quota, without compensation:

　　(1) The business operator fails to put the corresponding number of vehicles into use within three (3) months from the date of obtaining the operation quota;

　　(2) The business operator has transferred or rented out its operation quota.

　　The business operator shall, within thirty (30) days from the date when the operation quota is withdrawn, recover the corresponding vehicles that have been put into use. The competent transportation authority shall decide whether to re-release the withdrawn operation quota into use according to the development of the Internet-based rental bicycle industry; if it decides to re-release such quota, it shall re-release such quota in accordance with the provisions of Articles 10 and 11 of these Measures.

　　Article 15 The vehicles put into use by a business operator shall meet the following requirements:

　　(1) They are two-wheeled pedal bicycle;

　　(2) They meet the requirements of national and industrial safety technical standards, and have product conformity certificates;

　　(3) They have unique vehicle identification number codes;

　　(4) They have the functions of real-time positioning and accurate searching;

　　(5) It is not allowed to install any power-driven devices or interfaces;

　　(6) It is not allowed to install any ancillary facilities that affect the safety of riding.

　　Article 16 The operation and management by a business operator shall meet the following requirements:

　　(1) According to the amount of its obtained operation quota, put vehicles into use, and recycle the corresponding quantity of old vehicles before updating vehicles;

　　(2) Keep the vehicles clean and tidy, and timely recover the vehicles with faults or potential safety hazards;

　　(3) Strengthen the management of vehicle dispatching and balance the regional tidal supply of vehicles in time;

　　(4) Use precise positioning, electronic fence and other measures to effect parking management requirements, and guide and manage users' parking behavior;

　　(5) Establish a grid-based inspection system, identify grid responsible persons, timely find out and deal with such problems as vehicles' obstructing the passage or affecting urban appearance and environment;

　　(6) Strengthen the patrol inspection in commercial areas, public service areas, transportation hubs, scenic spots and other areas and both sides of urban trunk roads, and provide emergency support for important holidays and major activities;

　　(7) Establish a complaint handling system and disclose to the public the channels, methods and time limit for handling complaints.

　　Business operators are encouraged to cooperate with each other through undifferentiated maintenance and information sharing, and carry out cooperation in terms of resources such as inspectors, dispatching of vehicles, operation and maintenance, and transfer storage sites.

　　Article 17 Business operators shall implement the user real name registration system, and clarify the rights and obligations of both parties to users in such forms as electronic service agreements before providing services. Such a service agreement shall specify the charging rates and pricing method, riding and parking requirements, protection of users' personal information, liability for breach of contract, insurance, etc.

　　Business operators are encouraged to purchase personal accident insurance and third-party liability insurance for users, and actively assist in handling insurance claims.

　　It is forbidden to provide Internet-based bicycle rental service to minors under 12 years old.

　　Article 18 In principle, business operators shall not collect deposits from users. If it is really necessary to collect deposits, they shall provide two options for users to choose to deposit funds: special depository accounts of business operators and personal bank settlement accounts of users. The users' deposits shall belong to users and shall not be misappropriated by business operators.

　　Business operators are encouraged to provide services by collecting fees directly upon the end of services. Where a business operator provides services by collecting prepaid funds, the collection, custody, use and return of the prepaid funds shall comply with the relevant national regulations.

　　A business operator shall establish a management system for users' deposits and prepayment, and express or publicize the following contents through its service agreement, operator portal, mobile Internet-based app application client, etc.

　　(1) The charging rates for users' deposits and prepayment;

　　(2) Method, procedure and cycle for return of users' deposits and balance of prepayment.

　　Article 19 Business operators shall implement the technical measures for Internet security protection of service platforms, the system for classified protection of information security, and other systems in accordance with the provisions of the Cyber Security Law of the People's Republic of China and other laws and regulations as well as the mandatory requirements of national standards.

　　The collection and use of information by business operators shall not infringe upon the legitimate rights and interests of users or social public interests, and shall not surpass the scope necessary for providing Internet-based rental bicycle services.

　　In case of a major cyber and information security incident, the business operator shall make a report to the municipal network information, public security, transportation and other departments in a timely manner.

　　Article 20 If a business operator terminates its Internet-based rental bicycle operation service in this Municipality, then it shall make a public announcement thirty (30) days in advance, return the users' deposits, the balance of prepayment and other funds of users in accordance with its service agreement, and complete the recovery and demolition of all the vehicles already put into use and corresponding facilities in accordance with its vehicle delivery and management service agreement.

　　If the business operator fails to take back vehicle or dismantle corresponding facilities in accordance with the provisions of the preceding paragraph, thus affecting the urban appearance and environment, the competent law enforcement authority for urban administration shall deal with it according to law.

　　Article 21 Users shall be at least 12 years old, abide by the laws and regulations on road traffic safety, ride safely and park in a civilized way, and shall not commit any of the following acts:

　　(1) Retrograde;

　　(2) Carrying a person in violation of regulations;

　　(3) Violation of road traffic lights;

　　(4) Passing through the crosswalk without getting off the bicycle;

　　(5) Entering any expressway or other areas where non motor vehicles are forbidden to pass;

　　(6) Failing to ride on the prescribed lane when riding on any road divided into motor vehicle lane, non-motor vehicle lane and sidewalk;

　　(7) Parking in violation of regulations;

　　(8) Illegally occupying or refitting vehicles; or

　　(9) Deliberately damaging vehicles or parking facilities.

　　Article 22 If anyone parks an Internet-based rental bicycle in violation of the relevant provisions of these Measures in any urban appearance and environmental sanitation responsible area, the person responsible for the urban appearance and environmental sanitation responsible area shall have the right to stop and require the perpetrator to clean up, and may notify the business operator concerned thereof or make a report to the competent law enforcement department for urban management, provided that vehicles shall not be piled up or damaged indiscriminately.

　　After receiving the report, the competent law enforcement department for urban management shall deal with it in a timely manner.

　　Article 23 The municipal transportation authority shall build an Internet-based rental bicycle industry regulatory service platform to realize real-time query and dynamic monitoring of vehicle delivery, use, parking, update, exit and other information, and open it to relevant administrative departments and business operators when necessary for administration.

　　Within twenty-four (24) hours after the setting-up or adjustment of a strictly controlled area or road section for Internet-based rental bicycles, the organization that set up the area or road section shall upload such setting-up or adjustment information to the industry regulatory service platform and push it to the relevant administrative departments and business operators.

　　A business operator shall, in accordance with the requirements and standards of the municipal transportation authority, upload the vehicle identification number and code, location information, order data, vehicle status and other information within the administrative area of this Municipality to the industry regulatory service platform in real time, completely and accurately, and receive and process the management information fed back by the industry regulatory service platform.

　　The competent transportation authority shall not require the business operator to submit any information that may surpass the scope necessary for administration or infringe on trade secrets and personal privacy.

　　Article 24 This Municipality encourages the relevant industry associations to formulate and promote the Internet-based rental bicycle operation service group standards and industry self-discipline convention, and strengthen the industry service and self-discipline management.

　　This Municipality encourages the establishment of a third-party evaluation mechanism for the Internet-based rental bicycle industry, in which an independent third-party social institution evaluate the Internet-based rental bicycle operation and service, management and maintenance, and public satisfaction of Internet rental bicycles, and publish the evaluation results to the public.

　　This Municipality encourages organizations and individuals to participate in the management of Internet-based rental bicycles through social supervision, order maintenance and voluntary activities.

　　Article 25 Any user or other organizations or individuals who finds any violations of laws and regulations related to Internet-based rental bicycles may make a complaint or report to the business operator concerned and relevant administrative departments.

　　In the case of a dispute over the spending on Internet-based rental bicycles between a user and a business operator, they may request mediation to the competent consumer committee according to law, and the consumer committee shall carry out relevant investigation and mediation in accordance with its duties.

　　Article 26 The relevant departments shall accept and handle the complaints and reports related to Internet-based rental bicycles according to their respective responsibilities, and, within ten (10) working days after receiving a complaint or report, feed back the handling results to the complainant or informer; if the handling of the complaint or report can not be completed within ten (10) working days, they shall feed back the handling progress to the complainant or informer in time.

　　Article 27 The municipal transportation authority shall, together with the municipal public security organ and law enforcement department for urban administration, establish a personal credit management system for business operators and users. The collection, disclosure and use of relevant credit information shall comply with the relevant regulations regarding the administration of public credit information.

　　For business operators included in the list of seriously dishonest subjects, administrative organs, and organizations empowered by laws and regulations to manage public affairs may take disciplinary measures in accordance with laws, regulations and relevant national provisions.

　　Business operators are encouraged to share the information on users' use of vehicles, establish a vehicle use credit evaluation system and the incentives for honesty, punishments for dishonesty, and other management mechanisms for users.

　　Article 28 If any Internet-based rental bicycle parks in violation of the provisions of these Measures, thus affecting the urban appearance and environment or obstructing the normal passage of other vehicles and pedestrians, which is in line with any circumstance subject to acting performance under the Administrative Coercion Law of the People's Republic of China, then the competent law enforcement department for urban management and the competent public security traffic control authority may implement acting performance according to law, at the expense of the business operator concerned.

　　Article 29 Any business operator who violates the provisions of these Measures and commits one of the following acts shall be ordered by the competent transportation authority to make corrections within a time limit. If the business operator fails to make corrections within the time limit, it shall be fined not less than RMB￥10,000 but not more than RMB￥50,000 :

　　(1) In violation of the provisions of the first paragraph of Article 12 of these Measures, engaging in the Internet-based rental bicycles business activities within the administrative region of this Municipality without obtaining any operation quota of Internet-based rental bicycles;

　　(2) In violation of the provisions of the second paragraph of Article 12 of these Measures, transferring or renting out the operating quota of Internet-based rental bicycles;

　　(3) In violation of the provisions of Article 15 of these measures, putting in any vehicles that are not in conformity with the requirements;

　　(4) In violation of the first item of the first paragraph of Article 16 of these Measures, putting in vehicles the number of which exceeds the operation quota obtained, or the corresponding number of used vehicles are not recovered before the vehicles are renewed;

　　(5) In violation of the third paragraph of Article 23 of these Measures, failing to upload complete, accurate, relevant information to the industry regulatory service platform in real time.

　　Article 30 If a business operator violates the provisions of Article 8 of these Measures by failing to do a good job in the parking management of Internet-based rental bicycles as required, thus affecting the urban appearance and environment, it shall be punished by the competent law enforcement department for urban management in accordance with the provisions of relevant laws, regulations and rules.

　　Article 31 If a user violates the provisions of Article 21 of these Measures by committing one of the following acts, he/she shall be punished by the competent public security traffic management department in accordance with the provisions of the Road Traffic Safety Law of the People's Republic of China and the Regulations of Guangdong Province on Road Traffic Safety:

　　(1) Retrograde;

　　(2) Carrying a person in violation of regulations;

　　(3) Violation of road traffic lights;

　　(4) Passing through the crosswalk without getting off the bicycle;

　　(5) Entering any expressway or other areas where non motor vehicles are forbidden to pass;

　　(6) Failing to ride on the prescribed lane when riding on any road divided into motor vehicle lane, non-motor vehicle lane and sidewalk;

　　(7) Parking in violation of regulations;

　　If a user violates the provisions of Article 21 of these Measures by illegally occupying or refitting a vehicle, or intentionally damaging a vehicle or parking facilities, which constitutes an illegal act for public security administration, the user shall be punished by the competent public security organ in accordance with the provisions of the Law of the People's Republic of China on Penalties for Public Security Administration.

　　Article 32 If any relevant department and their staff violate these Measures and fail to perform their duties according to law, the competent authority shall order them to make corrections, and give a disciplinary action to the officers in charge and the directly responsible persons according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　Article 33 These Measures shall come into force on November 1, 2020.