A LAWYER in Shenzhen sent a public letter to the Guangdong and Shenzhen legislative affairs offices, demanding the authorities review the legality of the roadside parking fee collection in Shenzhen, which has triggered criticism since it was implemented this January.

    In the letter, which is publicly available online, Jin Yan, a lawyer with Guangdong Dongfang Jinyuan Law Firm, said China’s road traffic safety law authorizes the government to designate parking places on roads, but it doesn’t authorize the government to operate the parking placesfor profits. Shenzhen’s new parking rules require drivers to pay for parking in the government-designated roadside spaces. According to Jin, this local rule is contrary to the national law.

    Starting Jan. 1 this year, motorists are required to pay up to 265 yuan (US$43) a day for parking on roadside. The exceptionally high parking fee has prompted some criticisms, with some questioning the real goal of the parking fee was to raise money rather than aiming at relieving traffic congestion.

    “The local rule is in conflict with the national law. On top of that, a legislation hearing had not been held before the rule took effect. Two hearings held on the fee standards of the roadside parking fee didn’t effectively consider opposition from the public,” Jin said.

    According to Shenzhen’s road traffic safety rules, a driver could be fined between 200 yuan and 2,000 yuan for illegal parking. The minimum fine will be increased to 500 yuan if a driver illegally parks on a road that already has designated parking spaces.

    “It is inappropriate that a fine for illegal parking, which doesn’t cause any serious consequence, is equivalent to violations such as running a red light,” Jin said.

    The roadside-parking rule is illegal and against administrative rules because it requires drivers to pay a double fine if they park for longer than the paid period, Jin said in his letter.

    If going by national law, Jin believes the driver should pay the parking fee along with a surcharge for overdue payments.

    Jin also requested that the government make parking enforcement income and expenses public information.

    Jin also questioned the cost of the parking app Yitingche, which was developed to collect parking fees. Jin asked if the company contracted to create the app had been selected by public bidding. There are a number of complaints that the app is difficult to use.

    The lawyer also wants to know how much of the parking fees is kept by the company that operates the app and how much is kept by the government.

    Jin said the legislative offices have received his letter.

    (Han Ximin)