Han Ximin

ACCORDING to Shenzhen traffic police, the electric bike ban was implemented according to Article 39 of China’s Road Traffic Safety Law which stipulates that traffic administrative departments of the public security department may, in light of the specific conditions of the road and the traffic flow, take such measures against motor vehicles, non-motor vehicles and pedestrians as directing the flow, restricting the passage or prohibiting the passage.

The rule stipulates that only traffic police can ban vehicles or non-vehicles according to specific road conditions, rather than for a period of time. In common sense, the restrictions could be canceled when traffic is restored to normal order. In practical operations, police would restrict vehicles first, then non-vehicles when they imposed traffic control in specific circumstances, according to Jin Yan, a lawyer with law firm Guangdong Jin and Partners.

Police could restrict vehicles first before banning electric bikes. Jin said the electric bike ban needed hearings and police had not defined the difference between electric bikes and electric motorcycles and had not registered electric bikes. Instead, they have just banned electric bikes from roads.

The decision to ban electric bikes should have been made by the people’s congress. The lawmakers were now reviewing and debating city traffic safety regulations, so it was hasty for police to ban electric bikes with an administrative order, Jin said.

The decision to ban electric bikes, taken jointly by Shenzhen traffic police and the transport commission, was inappropriate, considering so many people were involved and the two departments represented only the government’s side, according to Peng Bo, a law professor at Shenzhen University.

“Why impose the ban for six months? What will police and the people do after the period? The decision-makers should have had foresight. In addition, the opening of more bus routes could not be a reason to ban electric bikes,” Peng said.

Police said they could solicit public opinion in the coming months to decide whether the electric bikes ban would be carried on or not after Dec. 5 when the new road traffic safety rule takes effect.