Focus on “zombie car” : crowded parking Spaces affect the appearance of the city, the reality of governance problems

2022-04-23 0 By

For more than six months, Beijing resident Liu Rushi has seen a red car every day near a bus stop on her way to work.The body of the car was covered with dust and streaked with rust.”This kind of car seems to be a city’s alternative garbage, not only long-term occupation of public resources, but also affect the city appearance, why no one to take care of it?”Liu Rushi did not understand.This kind of long-term parked in a certain location, the owner is difficult to find, no one’s car, there is an image of the name – “zombie car”.A recent random visit to More than 10 streets and communities in Xicheng District, Chaoyang district and Tongzhou District of Beijing found that “zombie cars” are common. These vehicles are generally dirty and messy, and their Windows are covered with thick dust, and they look completely unusable.A number of law enforcement officers and experts interviewed by reporters pointed out that the definition of “zombie cars” is unclear and difficult to communicate with owners and other problems, resulting in a certain difficulty in the governance of this type of car in practice.In the future, legislation needs to be improved so that the realistic governance of “zombie cars” can be governed by law through multi-party interaction of traffic police, urban management and communities.In addition, it is necessary to strengthen the management of vehicle registration and scrapping, strengthen the responsibility of owners, and prevent the scrapping vehicles from becoming “zombie cars”.”Zombie car” frequently crowded parking space affect the city recently, the reporter came to Liu Ru shi said the bus station, and indeed found the back of the platform section parked a red car, the body is full of dust, wiper and door have different degrees of damage, because not long ago just under the snow, there are some snow pile in front of the wheels.Reporters at the scene to see, this road parked more than this one “zombie car”, connected to a row of at least 3 cars are dilapidated, long-term unmanned state.On one of the silver cars, there is a piece of red advertising paper with “high price for second-hand cars”, which has been damaged for a long time.There was also a white van with dented wheels and seats and other amenities dimly visible through the grated Windows.These neglected “zombie cars” are popping up all over the country.Some “occupy” the already tight parking space, and some even become homeless people “living place”.Xiao Yan, a used car dealer in Chongqing, rented a parking lot in downtown Chongqing, only to find a black car parked in the middle of the lot.Xiao Yan contacted the owner, hoping to buy the car from the owner.After the owner brought the key, Xiao Yan found that the engine burst cylinder, gearbox also to repair, the total maintenance cost more than the value of the vehicle itself, eventually give up the acquisition, and the owner is not willing to cooperate with the car away.Due to the impact of subsequent parking, Xiao Yansui contacted relevant departments.”When law enforcement arrived, the vehicle did not qualify for mandatory scrapping and was parked there.I had to tow the car into a corner.”XiaoYan said.Then something strange happened.People walking past the “zombie car” saw someone inside, thought they were stealing the car, and got into a physical altercation.It was later learned from the police that the victim was a homeless man in the neighborhood who took the zombie car as his living place.After the police took the homeless away, Xiao Yan and others have not been in charge of this matter.It was not until the second half of 2021 that Xiao Accidentally opened the door of the car and found traces of people living inside, as well as clothes, shoes, mirrors and other items that had not been in the car before.On the back of the right front seat, the words “save yourself” were written in ballpoint pen.After paying attention to, Xiao Yan often go to check the car during the day, although did not see people, but the goods in the car has been changing.”I never expected such a bizarre story to emerge from a zombie car.Now several years have passed, this car must have reached the mandatory scrapping standard, but I thought it was too much trouble, and I was afraid that the owner would ask us for the car, so I did not contact the law enforcement personnel.Thinking it’s useless anyway, I’ll leave it to the homeless.”XiaoYan said.The negative impact of zombie cars in reality cannot be ignored.Huang Haibo, director of the Traffic Management and Transportation Law Committee of the Beijing Lawyers Association, believes that “zombie cars” on the one hand occupy the already tight public resources of the society, aggravate the problem of difficult parking in the city, and cause a waste of public resources;On the other hand, there are potential safety hazards, such as degradation of old vehicles will affect the environment, parking on the road of the community may affect the passage of residents, fire, ambulance vehicles and so on.In fact, in recent years, some places have paid attention to the problem of “zombie cars” in cities and launched special clean-up activities. However, “zombie cars” are still common in streets and alleys. What are the reasons behind it?Huang haibo analyzed that there are many reasons for the formation of “zombie cars” : for example, when the vehicle reaches its scrapping age, the owner is unwilling to scrap it or fails to scrap it in time for various reasons;If the vehicle is stolen and robbed, criminals will abandon the car at will, the original owner does not know the whereabouts of the vehicle, unable to carry out effective management or scrap the vehicle;If the vehicle is forgotten for a long time after the owner’s disappearance or death;For example, some vehicles are not transferred because of the transfer, the owner of the purchase is not willing to bother to scrap the vehicle should be scrapped.Sun Xiaotong, chief of the news and publicity department of guiyang Public Security Traffic Management Bureau in Guizhou Province, found that a large proportion of “zombie cars” reached the mandatory scrapping standard.According to Chinese law, private cars have no limit on the number of years they can be used, but many of them must be scrapped if they have been disqualified for three consecutive years.But mandatory scrappage returns are low, and the cost of scrapping a car may not even cover the cost of hauling it to the scrappage company.On the other hand, if the vehicles that need to be scrapped are not scrapped, there will be no impact on the subsequent purchase of new cars.This may be an important reason for a large number of vehicles reaching the mandatory scrapping standards to become “zombie cars”.In fact, not all “zombie cars” can be cleaned up by the relevant authorities.According to Sun, there is no official definition of a “zombie car” and the so-called “zombie car” is just an abstract concept.The uncertainty of the definition leads to the need to discuss the classification of “zombie car” in practice.”Some ‘zombie cars’ are parked illegally. In this case, traffic police can directly enforce the law.There is no standard or basis for punishment in cases where zombie cars park in parking lanes or pay parking fees but do not use their vehicles.Mandatory standards in order to achieve the vehicle as an example, Sun Xiaotong said, road traffic safety and the “provisions on motor vehicle compulsory standards” “scrap car recycling management method” and other relevant laws and regulations, rules only meet rejection standard motor vehicle shall not run on road, but for its parking is legal compliance had no corresponding provisions,This also leads to the law enforcement officers in the face of the reality of a large number of illegal parking but do exist to meet the standards of vehicles at a loss.Therefore, at present, the law enforcement basis for the “zombie car” on the road is mainly illegal parking.In November 2021, Guiyang Public Security Traffic Management Bureau carried out a special management action for “zombie cars” in Guiyang GUI ‘an, which lasted more than a month.During the event, more than 200 “zombie cars” were cleaned up, which played a positive role in maintaining road safety and preventing urban congestion.Sun Xiaotong told reporters that the early work of the traffic control department is to clean up the illegal parking situation, and to contact the owner to inform, if the owner and the owner of the contact, you can ask the owner to go to their own processing, but also the corresponding punishment for the violation of parking behavior.Unable to contact, can only temporarily drag the “zombie car” to a special site for centralized custody.But a series of problems may arise after centralized storage.’There are costs associated with centralized storage, which at the moment can only be borne by the transportation authorities,’ Ms. Sun said.In addition, because the owner can not be contacted, so the storage time is uncertain, if the long parking time leads to the natural loss of the vehicle, and then the owner came to ask for the vehicle, law enforcement officers may be in a “dilemma” situation, and may even face the problem of compensation.According to Wang Congwei, a lawyer at Beijing Jingshi Law Firm, there are two difficulties in managing zombie cars. First, it is difficult to contact the owners or managers.”Zombie car” vehicle in the traffic control department address, phone number and other information, is generally reserved when the owner of the car, but the owner’s information may change.Second, it is limited by the procedures and costs of dealing with “zombie cars”. For example, some vehicles have changed hands several times, and it is impossible to prove the ownership relationship between the vehicle and the actual owner, so it cannot be processed through normal procedures.Huang Haibo believes that vehicles belong to citizens’ private property, disposal of “zombie cars” and the protection of citizens’ private property rights have a certain conflict, the boundary between the two is not easy to grasp.If it is not properly handled, it may damage citizens’ private property rights and make it difficult to carry out the clean-up activities.To solve the problem of “zombie car” control, some localities have issued more detailed policy documents.On January 13 this year, Liuzhou city of Guangxi Zhuang Autonomous Region passed regulations on the parking of motor vehicles, providing for the disposal of abandoned motor vehicles:For the “zombie car” parked in public parking lots, special parking lots, road parking berths in public places (such as squares, road vacant lots, green space, etc.), the traffic management department of the public security organ will drag the “zombie car” to the designated parking place for parking according to the illegal parking vehicles, and then dispose of the “zombie car” according to the provisions.”Zombie cars” parked in residential areas should be dissuaded by property service providers and owners’ committees.If dissuasion fails, relevant departments may be reported to the scene for disposal according to law.Effective as of January 1 of the “guiyang city road traffic safety regulations” regulation, occupied square park, public car parks, residential district road vehicles and pedestrians abandoned vehicles influence, the management units concerned shall notify the vehicle owner, manager, or user timely processing, untreated or unable to contact, timely report to public security department in charge of transportation.The competent traffic department of the public security may tow the vehicle to a place that does not impede the traffic, and inform the owner, manager or user of the vehicle to handle within a time limit. If the vehicle fails to handle within the time limit or cannot be contacted, it shall be handled according to law.Law enforcement officers and experts interviewed put forward suggestions from multiple aspects for better controlling the zombie car problem in the future.Wang believes legislation should first be amended to allow for the use of “zombie cars.””Zombie cars” are still “objects” in the civil law, and the property rights of their owners are equally protected by the law, and shall not be infringed by any organization or individual.However, if the existence of “zombie cars” to some extent affects the public interests of society, there are certain security risks, then it should be governed by law.She mentioned that several problems need to be solved in legislation. First, how to identify “zombie cars”, including the basis, procedure and subject (competent unit) of identification.For example, illegal parking, parking in a parking space or public space for more than 60 days, after the contact of the owner to give up or can not contact the owner within a certain period of time can be identified as “zombie car”;Second, after the identification of the processing procedures, such as the identification of the “zombie car”, need to contact the owner or user, manager notice its own processing, in the specified period of time does not deal with, can take towing, scrap and other means, the related costs incurred by the owner or manager bear;Third, for the “zombie car” that cannot be contacted with the owner or manager, it can be temporarily towed away and stored in a designated place. If it has reached the scrapping standard, it can be scrapped on the premise of registration for safety and economic cost.In the second and third cases, a contact mechanism can be established with the notary institution, which can be recorded by notarization in the process of notifying the right holder and taking handling measures, so that the legitimacy of the handling procedure can be proved when disputes occur.Sun Xiaotong Suggestions to further improve the system of vehicle of scrap, “if the vehicle reaches standards, but not to scrap is not on the road, whether this’ zombie car belong to illegal, whether or not the owners need to bear the corresponding legal responsibility, whether the traffic police departments can be recycled for such vehicles, etc., should be clear legal responsibility”.Wang also suggested that the property and community be “connected.”For the “zombie cars” parked in the community, the property company can do a good job in daily management, timely contact the owners of abnormally parked vehicles to understand the situation, and put forward solutions.In addition, the community can be asked to intervene in the process, to help solve the actual difficulties behind the “zombie car” parking, interlocking governance “zombie car”.”Publicity is in place, everyone rules.”Wang Congwei said, the function of law is set to check, is also the lowest moral bottom line, more or want to do a good job of publicity, let everyone can abide by the laws and regulations and social ethics, reduce man-made “zombie”, urged to mandatory scrapping standard vehicle owners consciousness, jointly create a harmonious living environment.(Liu Ru shi xiao Yan is pseudonym) source: Rule of Law Daily