2024-09-08
한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina
recently, hotels and buildings in hangzhou, ningbo and other places have banned new energy vehicles from parking in underground garages. the owners who were stopped said they "felt discriminated against." some people are worried about safety, and some are worried about having nowhere to park. is it reasonable and legal to "persuade" new energy vehicles to leave the underground garage?
on september 6, the huashang daily dafeng news reporter contacted citizens, lawyers, experts, etc. to discuss the issue together.
considering safety, new energy vehicles must be parked in designated parking spaces on the ground
recently, some netizens reported that the underground garage of the radisson blu hotel in xiaoshan district, hangzhou, zhejiang, prohibits the parking of new energy vehicles, and security guards are dissuading and guiding new energy vehicles to park in the wide-body garage 50 meters away. they feel discriminated against and it is not very convenient.
at the entrance to the hotel's underground parking lot, there is a sign: "because the underground parking lot is relatively closed, for the sake of the safety of new energy vehicles, special wide-body parking spaces are set up. please park in the designated area." on september 4, the security guard said that this mode has been running for a week. next to the security guard is a sign that informs about the "fire hazards of new energy vehicles", with pictures and texts printed on it, such as "guangzhou new energy vehicle garage spontaneously ignites multiple vehicles" and "south korean new energy vehicles spontaneously burn and destroy about 140 vehicles."
the radisson hotel in xiaoshan district said that this move was made for fire safety considerations. considering that the hotel itself has good parking conditions, with parking spaces both on the ground and underground, and can be divided into zones, new energy vehicles are guided to park in the wide-body garage on the ground. there are more than 300 parking spaces on the ground, and most of the locations have sunshade measures to meet everyone's needs.
a building in ningbo plans to park new energy vehicles on the ground for safety reasons
previously, there was a dispute in ningbo, zhejiang province, over prohibiting new energy vehicles from entering underground garages. on august 21, ningbo huigang building posted a notice requiring new energy vehicles to be parked on the ground and not to enter the underground garage. the letter stated that the parking spaces in the basement of huigang building are currently saturated. in order to avoid safety hazards, the new energy vehicles that have subscribed monthly will be unbound from the system from august 21, 2024, and subsequent new energy vehicles will be parked on the ground.
on august 26, the management committee of the southern business district of yinzhou district, ningbo city responded: after investigation, it was found that the owners of huigang building planned to park new energy vehicles in fixed parking spaces on the ground for management needs and safety considerations. the subsequent management will also add relevant supporting facilities for new energy ground parking. the staff said that they had received many complaints from citizens about new energy vehicles not being able to enter the basement, but huigang building belongs to a single owner, who has full ownership rights and absolute operating rights to the building. the decision not to allow new energy vehicles to enter the underground garage of the building was made by the owner of the building and has nothing to do with the property. the property was only authorized to release this news. "this boss thinks electric vehicles are unsafe. it's his own house and he decided so. we have no way to do anything because we have to have legal provisions for everything we do. if we don't have legal provisions, i can't do anything about him."
my country recalls 440,000 new energy vehicles due to fire risk caused by power batteries
on august 19, guangdong huizhou fire department issued the "cause of the fire accident in the underground parking lot of xiangxieyuan community, huicheng district, huizhou". at about 8:10 on the same day, a fire broke out in the parking lot on the first floor below ground in building 6 of xiangxieyuan community, huicheng district, burning 3 cars and several electric bicycles, but no casualties. after investigation, the cause of the fire was a thermal runaway of a new energy vehicle battery. the new energy vehicle was sold on october 25, 2018, and the owner bought it second-hand from the original owner on april 15, 2024, with a mileage of about 130,000 kilometers.
in addition, according to red star news, on the morning of september 2, the 2024 world power battery conference power battery quality improvement special meeting was held in sichuan. at the meeting, it was mentioned that power battery thermal runaway defects accounted for 3% of the total recall of new energy vehicles, and more than 1,630 new energy vehicle fire accident reports have been received so far. as of june 2024, my country has implemented 2,975 vehicle recalls involving 107 million vehicles, of which new energy vehicles have a total of 65 recalls involving power batteries that may cause fire risks, involving 440,000 vehicles.
many shopping malls and hotels in xi'an, shaanxi province have stated that new energy vehicles can be parked in the garage
on september 6, a reporter from the china business news consulted several shopping malls and hotels to learn about the parking requirements for new energy vehicles.
the customer service staff of seg mall said that seg's parking lot is not underground, but on the 8th, 9th, 10th and 11th floors of the complex. the parking fee is 2 yuan/hour during the week and 6 yuan/hour on weekends and holidays. "new energy vehicles can also be parked. there is no underground parking lot."
the customer service of xi'an bell tower kaiyuan mall said that the mall parking lot is an underground parking lot, and parking is available on the b2 and b3 floors. "new energy vehicles are not involved, just like gasoline vehicles, they can enter and park. you can enter the garage from east street."
staff at xidigang xi'an shopping center said that the shopping center's parking lot is on the underground first floor. new energy vehicles can enter the underground garage and the parking fee is 5 yuan per hour.
a staff member of xi'an r&f hilton hotel said that there are more than a dozen ground parking spaces in front of the hotel. "our guests can park for free on a first-come, first-served basis. the underground garage is on the first basement floor and the property charges a uniform fee of 3 yuan per hour." the staff member said that new energy vehicles can be parked in both ground and underground parking spaces without affecting entry.
it is understood that in order to encourage the use of new energy vehicles, xi'an has implemented a series of preferential policies, including a parking fee reduction policy for new energy vehicles. in june 2022, the xi'an development and reform commission solicited opinions on the xi'an motor vehicle parking service fee management measures, mentioning that the parking service fee for new energy vehicles shall be implemented in accordance with the relevant preferential policies for the purchase of new energy vehicles.
parking spaces are in short supply, and those who have parking spaces should be allowed to park. there should be no one-size-fits-all approach, and new energy vehicles should not be treated differently.
xi'an citizens have different views on whether new energy vehicles can enter underground garages. citizen mr. wu said that it is unreasonable to not allow new energy vehicles to enter underground garages. "take xi'an as an example. there are 6.3 million motor vehicles in xi'an, but less than 2.5 million parking spaces. half of the cars have nowhere to park. moreover, more and more car owners will choose to buy new energy vehicles. if empty underground garages are not allowed to park, and the ground is saturated and there is no place to park, then they will be idle." mr. wu said that compared with traditional oil-burning cars, new energy vehicles are a new thing. the advantages are that they are more environmentally friendly and cost-saving. "when cars first emerged, people also worried about the safety of cars. now new energy vehicles are the same. we can't just ban people from parking in underground garages because they may cause fires."
ms. he, a citizen, said that she bought her car in 2013 and is in the process of changing her car recently. she has set her sights on new energy vehicles. "i heard for the first time that new energy vehicles cannot be put into the basement. isn't this naked discrimination? is this to promote new energy vehicles or to prevent people from choosing new energy vehicles?" ms. he believes that the service attitude and handling methods of this property in hangzhou are inappropriate, which will cause people to panic about the new energy vehicle industry. "fuel vehicles also have the risk of spontaneous combustion, and fires in fuel vehicles will also cause compensation disputes. we cannot throw the baby out with the bathwater. the country allows the production and sale of electric vehicles. why can't they be put into the basement after they are bought? making electric vehicles safer is the key."
it is risky to park new energy vehicles in underground garages, so it is reasonable to arrange parking in ground parking spaces
citizen mr. zhou said that currently, the reason for dissuading new energy vehicles from entering the basement is basically the fear of fire. once a fire occurs in the garage, the fire truck cannot enter, and the garage is densely packed with cars. if rescue is not timely, it will be very serious. "nowadays, the buildings are all high-rise, and the fire will jump upwards. if the battery explodes again, the consequences will be unimaginable." he believes that some property management companies in other places require new energy vehicles to be parked on the ground, mainly for the timeliness and feasibility of fire rescue. "the property management company only requires parking on the ground, and does not say that it is not allowed to park."
resident ms. li believes that electric vehicles do pose safety risks. "electric bicycles and electric vehicles both use batteries, and many fire accidents have occurred in recent years. there are stricter requirements for electric vehicles now, such as not being allowed into homes, elevators, or charging indoors, but there are fewer requirements for electric vehicles, probably mainly due to incentive policies." she said that the basement of her community had previously set up a special parking area for electric bicycles, "the owners were making a fuss, thinking there were safety risks. so, new energy vehicles, that is, electric vehicles, should not be parked in basements."
there is no law prohibiting new energy vehicles from parking in basements, and the use of parking spaces is at the discretion of the owner.
wang dongfang, a lawyer at beijing deheng (xixian new district) law firm, believes that the current laws and regulations do not explicitly prohibit new energy vehicles from entering underground garages for parking. therefore, owners of new energy vehicles can park their new energy vehicles in underground garages. however, article 275, paragraph 1 of the civil code stipulates: "within the building area, the ownership of parking spaces and garages planned for parking cars shall be agreed upon by the parties through sale, gift or lease." therefore, the use, transfer, and leasing of parking spaces shall be handled by the owner. for example, the underground parking spaces of huigang building mentioned above belong to a single owner, who has complete ownership rights and absolute operating rights to the building and can prohibit new energy vehicles from entering the underground garage for parking according to actual management needs.
at the same time, as the number of new energy vehicles gradually increases, the owners or managers of parking spaces can, according to specific circumstances, take measures such as installing fire-fighting facilities and strengthening the safety management of charging facilities to reduce the risk of fire and try to meet the parking needs of new energy vehicles, rather than prohibiting the parking of new energy vehicles in a "one-size-fits-all" manner.
community property is different from hotels, etc. it is not the right holder but only the management party. it is obviously illegal to require owners not to drive their cars into the basement.
zhao liangshan, senior partner of shaanxi hengda law firm and a well-known public interest lawyer, believes that: looking through the laws of our country, there is currently no provision prohibiting the parking of new energy vehicles in underground garages. one of the important reasons why this matter has been controversial is that car owners question whether new energy vehicles are being treated unfairly and there is suspicion of discrimination.
zhao liangshan said that the hotel is a single owner of the building. whether the hotel's ban on new energy vehicles from parking in the underground garage is reasonable or not is mainly considered from the following points. first, whether the hotel's move is necessary. in other words, the safety of new energy vehicles remains to be verified. if it is assessed that the safety factor of new energy vehicles parking in the underground garage is not high, then the hotel's excessive restriction on new energy vehicles parking in the underground garage is obviously redundant and infringes on the fair trading rights of car owners. second, the hotel implements special parking measures in special venues. whether the car owner, as a consumer, is aware of it in advance, and the vehicle is a means of transportation for consumers. if there are problems with its parking, it will also become an important factor in whether consumers choose to stay in the hotel. if the hotel does not inform in advance and asks consumers to park separately when they check in, it obviously infringes on the consumer's right to know and right to choose. third, whether the number of wide-body parking spaces provided is sufficient, whether it is convenient, and whether it hinders the normal travel of new energy vehicle owners. if it is clearly informed and does not hinder travel, it can be regarded as the scope of independent operation, and this move has a certain rationality.
zhao liangshan pointed out that community properties are different from hotels with a single building. as a commercial entity, hotels have the right to operate independently and decide whether to allow others to use or not use parking spaces, which involves the scope of business management. community properties are not the rights holders of underground garages, but only management agencies. they are representatives of all owners who manage the community and should fully consider and protect the common interests of all owners. community owners have the right to use and benefit from parking spaces. community properties do not allow new energy vehicles to be parked in underground garages, which is obviously illegal and infringes on the property rights and other legal rights of owners. in this regard, community owners have the right to say "no".
new energy vehicles are generally safe when parked in underground garages. the most common cause of fire is thermal runaway of the battery.
on september 6, a reporter from huashang daily dafeng news contacted a staff member in the new energy vehicle industry. "the use of underground garages is because there are not enough parking spaces on the ground. it is generally safe to park new energy vehicles in underground garages, but it is necessary to ensure that appropriate precautions are taken to ensure the safety of the vehicles and their surroundings. underground garages should be equipped with complete fire-fighting facilities, such as automatic sprinkler systems, fire extinguishers, smoke detectors, etc., and underground garage charging station facilities must meet safety standards and have professional maintenance management, etc." he said that the battery types of new energy vehicles are lithium iron phosphate batteries and ternary lithium batteries. among them, lithium iron phosphate batteries are widely used in commercial vehicles and energy storage systems due to their good stability and high safety; while ternary lithium batteries are more common in the passenger car market due to their higher energy density.
he said that a common cause of fires in new energy vehicles is thermal runaway of the battery. internal short circuits, overcharging, over-discharging, external short circuits, heating, temperature cycling, extrusion, etc. may cause the battery to enter a state of thermal runaway, which in turn may cause a fire. thermal runaway refers to a sharp rise in the temperature of the battery under abnormal conditions, which accelerates the chemical reaction inside the battery, releases a large amount of heat, and forms a vicious cycle. in addition, improper charging, accidental collisions, etc. may cause fires. if new energy vehicles encounter equipment failures or improper operation during the charging process, they may also cause fires. for example, quality problems with charging piles, damage to charging cables, and poor contact of charging interfaces may all cause failures and lead to fires. when the battery pack is directly hit, the battery pack structure may be damaged, causing an internal short circuit, and ultimately leading to thermal runaway and fire.
to reduce the risk of new energy vehicle fires, manufacturers need to strengthen vehicle safety design. at the same time, users also need to follow the correct use and maintenance methods and choose qualified charging facilities and services. in addition, "relevant departments should strengthen the construction of parking spaces and charging facilities, and enhance people's emergency response capabilities to new energy vehicle accidents."
huashang daily news reporter she xin, intern zhu ziming, editor li zhi
(if you have any information to report, please call the huashang news hotline at 029-88880000)
collect and organize the latest news information and make it available for free for everyone to read
