Suggestions on canceling restrictions on motorcycles.
At present, many large and medium-sized cities in China take restrictive measures against private small vehicles such as motorcycles and small-displacement cars, and prohibit motorcycles and small-displacement cars from driving on main roads. Among them, some cities also restrict motorcycles and small-displacement cars by stopping issuing licenses.
According to preliminary statistics, at present, there are more than 130 cities in China that prohibit motorcycles from entering the central city, and more than 30 cities that prohibit micro-driving (prohibit vehicles below 1 liter from entering the core area). There are also a few cities that stop issuing licenses to motorcycles and small-displacement cars.
1. Reasons for proposing to cancel restrictions on motorcycles and small-displacement vehicles in some cities in China.
1. The "no motorcycle" and "no micro" measures implemented in some cities have not achieved the original intention of improving traffic, effectively controlling vehicle exhaust pollution and improving urban quality.
(1) From the effect of improving traffic, motorcycles and small-displacement cars occupy much less space when driving and parking than cars with a capacity of 1.6 liters or more. For example, the average load of motorcycles is 1. 1 person, while the average load of automobiles is 1.73 person. The area occupied by motorcycles when driving and parking is only 1/3 ~ 1/4 of that of cars. The Road Traffic Safety Law stipulates that vehicles with a speed of less than 70 kilometers per hour are not allowed to enter the expressway. At present, the top speed of most motorcycles and mini-cars in China is higher than 70 kilometers per hour. Urban roads are different from expressways. Generally, in urban areas, the safe speed of motor vehicles cannot exceed 50 kilometers per hour. Therefore, motorcycles and mini-cars can completely meet the speed requirements of urban roads, and it is unfounded to say that they are "low-speed and inefficient means of transportation" and are the chief culprit of urban traffic congestion. However, in some cities, the practice of setting up no-go areas for motorcycles and mini-cars on main roads has not achieved the purpose of improving traffic. On the contrary, due to this forced diversion, motorcycle mini-car drivers have to detour, which on the one hand increases the traffic pressure on the surrounding roads, on the other hand prolongs the driving time of their vehicles occupying the roads, reduces the use efficiency of the roads and makes the urban traffic more tense.
(2) From the perspective of reducing the traffic accident rate, the main reason why motorcycles are banned in cities in China at present is that it is not conducive to traffic safety. Comparing the traffic accident rates of motorcycles and automobiles, the Compilation of Statistical Data on Road Traffic Accidents in People's Republic of China (PRC) compiled by the Traffic Management Bureau of the Ministry of Public Security shows that from 2000 to 2002, the accidents caused by driving automobiles were 73% and 765,438+respectively. Accidents caused by motorcycle driving accounted for 13%, 15.4% and 15.8% of the total road traffic accidents in three years respectively. In the same period, the car ownership accounted for 24.4%, 24.5% and 26.9% respectively, and the motorcycle ownership accounted for 57%, 58.9% and 63. 1% respectively. The number of cars in China is only 42.5% of that of motorcycles, but the traffic accidents caused by them are 2.2 times that of motorcycles. Admittedly, because motorcycles are two-wheeled, small-displacement cars have narrow tracks, and most of them are flat-headed vans, their stability and protection for drivers are naturally worse than those of large-displacement cars, while cars are of high quality and fast speed. Once an accident happens, it will often cause large-scale casualties, which will do much more harm to the injured party. Mini-cars, it is reported that the death rate of motorcycle accidents in China is 3.8 times that in Japan, and the number of deaths per thousand vehicles is also 3 to 5 times that in Japan. Therefore, every means of transportation has its limitations and security risks. The main reason is to reduce the accident rate by strengthening the scientific management of traffic safety and improving the traffic safety quality of drivers. In fact, the total number of traffic accidents has not decreased after the implementation of "motorcycle ban" and "mini ban" in some cities.
(3) In terms of environmental protection, motorcycles produce more carbon monoxide than cars, and the emissions of hydrocarbons and nitrogen oxides are almost the same as those of cars. However, because the total exhaust volume of automobiles is 10~ 15 times that of motorcycles, the average effective number of passengers is only 1.5 times that of motorcycles. Therefore, the environmental pollution caused by people traveling by car is three to five times that caused by motorcycles.
(4) It lacks explanatory power to say that motorcycles are not conducive to improving urban taste. No other country in the world has a "ban on motorcycles". Paris, France, Singapore, an Asian garden city, does not ban motorcycles; There are 4 million registered motorcycles in the United States and there is no motorcycle ban; Barcelona, Spain, which hosted the 1992 Olympic Games, has more than 300,000 motorcycles, and they have not banned motorcycles. In fact, whether citizens use motorcycles, small-displacement cars or high-end cars as their means of travel, they just have different means of transportation. Urban taste is more of a concept of culture and spiritual civilization, and there is no inevitable connection between them.
2. After the implementation of "no friction" and "no micro" measures, various disadvantages are highlighted.
(1) The measures of "no motorcycles" and "no mini-cars" often make local citizens who own motorcycles and mini-cars have to detour; Some places can't be reached directly, which brings inconvenience to their life and work, increases their travel cost and artificially increases the energy consumption of the whole city. Those car owners who live in the no-motorcycle and no-micro sections have made it difficult for their private cars to go out, which is essentially a pile of scrap metal. For them personally, private property has suffered certain losses; For the social economy, there are also some means of production and commodities that are idle and wasted due to human factors and cannot play their due role. At the same time, out of the need of "public interest", the government has implemented measures to prohibit driving, but it has not given appropriate compensation to the car owners who have made "sacrifices" from it, which is unfair.
(2) The measures of "forbidding motorcycles" and "forbidding miniatures" infringe on the development rights of motorcycle and mini-car manufacturers to some extent. According to China Motorcycle Network, "Zhang, Deputy Secretary-General of Motorcycle Branch of China Automobile Industry Association, estimates that China's motorcycle sales are suppressed by about 40-5 million vehicles every year, and the suppressed sales are about 30 billion yuan." However, the "micro-ban" measures make all automobile manufacturers only bring their large-displacement products into the market, which limits the free development of enterprises and prevents consumers from having more choices. Obviously, this also violates the principle of market economy.
Another negative effect of "banning motorcycles" is that many large and medium-sized cities have banned motorcycles one after another, which makes it difficult for many motorcycle manufacturers to sell pedal models and high-end models to the urban market. They have to limit themselves to developing middle and low-grade models for the rural market, which makes motorcycle enterprises in China fall into a vicious circle of low technical level and weakens their competitiveness in the world.
(3) The prohibition of motorcycles and micro-motorcycles causes the loss of national taxes and fees. Due to the implementation of the prohibition of motorcycles and micro-orders, many car owners have resistance, do not take the initiative to pay road maintenance fees, cross-bridge tolls, and do not participate in annual inspections.
(4) Most of the "anti-friction" and "anti-micro" measures in various places have not been scientifically demonstrated, and the methods are not in line with international practice. There are also restrictions on motor vehicles internationally. For example, recently, more than 30 cities in northern Italy, including Milan,/kloc-0, have carried out the activities of private cars on the road in a limited time to reduce the air pollution caused by automobile exhaust. The slogan of the activity is "Between cars and air, we choose air." According to the British Sunday Times on February 13, 2005, London Mayor Ken Livingston plans to make London the "most environmentally friendly" capital in the world, and he plans to make the Greater London area a "low emission area" by 2007. This means that trucks, coaches, buses and taxis will be banned from driving on the streets unless they meet strict pollution standards. "Compared with several cases of" restriction "at home and abroad, it is not difficult to find that the current measures to ban motor vehicles abroad have a feature, that is, they are either activities to let people participate voluntarily through publicity or a temporary administrative measure. Although London's controversial traffic proposal has not been formally implemented, it is also different from China's "no motorcycle" and "no micro" measures, that is, its purpose is clear-to reduce automobile exhaust emissions, and thus set strict emission standards as the threshold. Under this threshold, all motor vehicles are treated equally. If they meet the standards, they can go on the road. If they fail to meet the standards, they will be banned. Different from the method of banning one or two motor vehicles in China, it embodies the principle of scientific justice in formulating public policies.
(5) Stop issuing licenses for small-displacement cars and motorcycles, which limits the consumption choices of citizens who want to buy small-displacement motorcycles. At the same time, it also makes the citizens who have bought vehicles have nowhere to get a license, and the vehicles are artificially "unlicensed cars" and "black cars", which is not conducive to traffic management.
(6) The measures of "forbidding motorcycles" and "forbidding micro" do not conform to the objective laws of social and economic development. In a market economy society, the position of a commodity allowed to be produced and sold by the state in the market is related to the local economic development level and the actual needs of the people, and its quantity should be determined by the market. China has been a member of the WTO for many years, and measures such as "banning motorcycles" and "banning Wechat business" to replace the role of market regulation with mandatory administrative orders and restrict the normal use of commodities may have adverse effects on the international recognition of China's market economy status.
3. The measures of "forbidding motorcycles" and "forbidding micro-activities" implemented by means of restricting lines and suspending trading are more or less flawed in law and cannot meet the requirements of administration according to law.
(1) Most of the motorcycle bans and micro-orders in various places were issued in the form of government notices, and most cities did not hold hearings for this reason. Motor vehicle ban measures involve the vital interests of the general public, and the lack of hearing procedures should not be.
(2) The measures of "banning motorcycles and micro-activities" are not in conformity with the relevant provisions of the Administrative Licensing Law of People's Republic of China (PRC). According to Article 8 of Chapter I of People's Republic of China (PRC) Administrative Licensing Law, which came into effect on July 1 2004, "The administrative license obtained by citizens, legal persons or other organizations according to law is protected by law, and the administrative organ may not change the administrative license that has already taken effect without authorization." "If the laws, regulations and rules on which the administrative license is based are amended or abolished, or the objective circumstances on which the administrative license is granted have changed significantly, the administrative organ may, for the needs of public interest, change or withdraw the administrative license that has come into effect according to law. If property losses are caused to citizens, legal persons or other organizations, the administrative organ shall compensate them according to law. " The owner's motorcycle or mini-car was purchased in a legal economic organization with his legal income, and went through legal procedures in the traffic management organ designated by the government. Paid various fees and obtained legal driving qualifications and rights (i.e. administrative license). However, a "micro-decree prohibiting motorcycles" unilaterally blames the dereliction of duty of the relevant departments in urban road traffic management and public security management on the "legal identity" car owners, discounts their "driving licenses" and partially cancels their administrative licenses.
(3) According to Article 39 of the Road Traffic Safety Law, the traffic administrative department of the public security organ may "take measures to divert, restrict and prohibit the passage of motor vehicles, non-motor vehicles and pedestrians according to the actual situation of road traffic", and there is a premise here, that is, "the actual situation of road traffic". Traffic refers to the traffic of all motor vehicles, including motorcycles, buses, trucks and vans. No matter how expensive cars are, including Mercedes-Benz, BMW and Li Xia Otto, cars and roads are a pair of contradictions in development, and many cars are bound to be narrow. "Actual situation of road traffic volume" is caused by all motor vehicles. Whether it is a small-displacement car or a motorcycle, it is unfair to ask one of them to bear the consequences, and it also violates the principle of equal rights established by the second paragraph of Article 33 of the Constitution as the fundamental law.
(4) Stopping the issuance of motorcycle and small-displacement vehicle licenses violates the Road Traffic Safety Law, the Administrative Licensing Law and Article 9 of the Road Traffic Safety Law: "To apply for motor vehicle registration, the following certificates and vouchers shall be submitted: the identity certificate of the motor vehicle owner, the origin certificate of the motor vehicle, the factory certificate of the whole motor vehicle or the import certificate of the imported motor vehicle, the tax payment certificate or tax exemption certificate of the vehicle purchase tax, and the certificates that should be on the motor vehicle according to laws and administrative regulations.
The traffic administrative department of the public security organ shall complete the examination and verification of motor vehicle registration within five working days from the date of accepting the application, and shall issue the motor vehicle registration certificate, license plate and driving license to those who meet the conditions specified in the preceding paragraph; If the applicant does not meet the conditions specified in the preceding paragraph, it shall explain to the applicant the reasons for not registering. "
Article 16 of the Administrative Licensing Law stipulates: "No administrative license may be added to the specific provisions of laws and regulations on the implementation of administrative license set by the superior law; Other conditions that violate the superior law shall not be added. " In some places, the suspension of trading in the form of government notice is essentially a condition attached to the administrative license, that is, motorcycles and small-displacement cars are not allowed to be licensed.
4. Cancelling the restrictions on the use and licensing of motorcycles, mini-cars and other private cars with small displacement and low fuel consumption will further save energy consumption, which is in line with the fuel tax reform plan to be implemented in China.
On June 25th, 2004, the National Development and Reform Commission issued the medium-and long-term special plan for energy conservation for the first time, proposing to cancel all unreasonable regulations restricting the use and operation of vehicles with low fuel consumption, small displacement and low emission, and implement the fuel tax reform plan in a timely manner. It is understood that in China, the fuel consumption of a 1.0 liter car is about 5 liters per 100 kilometers, which is about 3 liters less than that of a 1.6 liter economy car. A family car runs about 15000 kilometers a year, so a small-displacement car will save more than 700 liters of fuel a year. As for the four-stroke vehicle with a displacement of 65,438+,
5. Abolishing the restrictions on motorcycles and small-displacement cars on the road and license plates in some cities in China is conducive to the healthy development of the market economy, safeguarding social equity and accelerating the construction of a harmonious socialist society.
According to the report of Jinan Life Daily on September 16, 2004, the17th executive meeting of Jinan Municipal Government, proceeding from the democratic reality, cancelled the measures of "banning motorcycles" in the whole city, which was well received by all walks of life, and the traffic situation in the whole city was more reasonable and orderly rather than deteriorating.
2. Suggestions on canceling restrictions on motorcycles and small-displacement vehicles in some cities in China.
1. Cancel the prohibition of motorcycles and small-displacement vehicles in central urban areas and urban main roads, and adopt an equal attitude towards motor vehicles driving on urban traffic roads. Formulate stricter pollution discharge standards, control them in production and licensing, and set them on the road if they meet the standards. At the same time, it also carries out dynamic law enforcement on motor vehicle exhaust pollution exceeding the standard.
2. As long as the conditions listed in Article 9 of the Road Traffic Safety Law are met, the urban vehicle management department shall license motorcycles and mini-cars according to law.
3. Strengthen traffic management according to law while opening the "ban" and concentrate on controlling all kinds of traffic violations. Conduct traffic laws and safety education for motorcycle and small-displacement car owners/drivers, and severely crack down on illegal driving.