2024-09-27
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recently, some netizens reported that the radisson plaza hotel in xiaoshan district, hangzhou, zhejiang province prohibits new energy vehicles from entering the underground garage, and instead guides vehicles to park in designated wide-body parking spaces on the ground; a "new energy vehicle" was also placed next to the entrance of the underground garage. "energy vehicle fire hazards" notice board, showing cases of spontaneous combustion of new energy vehicles. the hotel explained that this measure was taken to ensure fire safety due to the tight space of the underground garage.
this news quickly triggered a heated discussion among netizens. some netizens praised that once a fire breaks out in a garage, the inconvenience of rescue will have very serious consequences for the community and other fuel vehicles, so arranging new energy vehicles to park on the ground is a reasonable preventive measure; some netizens believe that the parking of new energy vehicles is prohibited. the regulations are discriminatory. since new energy vehicles have passed the national safety inspection and are allowed to drive on the road, they should enjoy the same treatment as other vehicles.
according to statistics from the ministry of public security, as of the end of june 2024, the number of motor vehicles in the country reached 440 million, including 345 million cars and 24.72 million new energy vehicles, accounting for 7.18% of the total number of cars. in the first half of the year, 4.397 million new energy vehicles were newly registered, a year-on-year increase of 39.41%, a record high.
on the one hand, the number of new energy vehicles has increased significantly, and on the other hand, there is a dispute over the parking safety of new energy vehicles. how to balance the two? is it legal to ban new energy vehicles from parking in basements? is classified management of fuel vehicles and new energy vehicles the solution? in this regard, reporters from the "rule of law daily" recently interviewed a number of legal experts.
for management and security reasons
prevent new energy vehicles from entering the basement
the phenomenon of restricting the parking of new energy vehicles in underground parking lots is not an isolated case.
on august 21, 2024, ningbo huigang building issued a notice requiring new energy vehicles to be parked on the ground and not allowed to enter the underground garage. the building owner believes that due to safety considerations and parking saturation, prohibiting new energy vehicles from entering the underground space is a reasonable management measure.
since this year, some parking lots under viaducts in taiyuan city, shanxi province have announced that new energy vehicles and fuel vehicles will be managed separately, and a special new energy area will be established. some citizens complained that the public parking spaces near their community have implemented zoned parking management for fuel vehicles and new energy vehicles since april this year. however, due to the serious shortage of parking areas for new energy vehicles, it often happens that there are spaces in the parking lot for vehicles. the embarrassing situation of not being able to park.
the guangdong provincial museum issued an announcement stating that starting from september 22, 2021, the parking lot in the museum will implement a zoning parking strategy. new energy vehicles can be parked in the east gate open-air parking lot, and fuel vehicles are recommended to be parked in the underground parking lot.
it is understood that some places prohibit new energy vehicles from entering basements, mainly due to management needs and safety considerations.
in recent years, reports of spontaneous combustion of new energy vehicles have become common. public data shows that as of june 2024, more than 1,630 new energy vehicle fire accidents have been reported in our country. a fire broke out in an underground parking lot of a community in huizhou, guangdong province in august. investigation showed that the cause of the fire was a thermal runaway battery of a new energy vehicle parked in the basement.
in addition, according to statistics, as of june 2024, a total of 440,000 new energy vehicles in my country have been recalled due to possible fire risks in power batteries. industry experts pointed out that a common cause of fires in new energy vehicles is battery thermal runaway, including internal short circuits, overcharging and other issues in the battery. although new energy vehicle technology is becoming increasingly mature, the safety of charging facilities still needs to be strengthened.
people have different opinions on whether new energy vehicles should enter underground garages.
mr. bai, the owner of a residential complex in hangzhou, told reporters that some owners of his residential complex have recently jointly initiated an application, hoping that the property management company would ban new energy vehicles from entering underground garages. he believes that once a fire breaks out in a garage, inconvenient rescue operations will have very serious consequences for the community and other fuel vehicles, so arranging new energy vehicles to park on the ground is a reasonable preventive measure.
in interviews, many new energy vehicle owners expressed their dissatisfaction with the regulations prohibiting new energy vehicles from parking in underground garages.
mr. dong, a new energy vehicle owner in beichen district, tianjin, bluntly said that oil vehicles also have the risk of spontaneous combustion. banning new energy vehicles from entering underground garages is a double standard.
"besides, the underground garage has a large-capacity fire pool and a complete automatic sprinkler system, as well as fire-proof rolling shutters, fire-proof doors and other equipment, and sufficient safety measures, which can control the fire in a timely and effective manner." mr. dong said.
some car owners also believe that new energy vehicles will definitely become more and more popular in the future, and the prohibition on parking of new energy vehicles is an overreaction and is not conducive to the promotion of new energy vehicles. especially with the current shortage of urban parking spaces, the prohibition of parking new energy vehicles in basements will further exacerbate the parking problem.
the reporter’s on-site visit found that it is not common for petrol and electric vehicles to be parked separately in beijing and tianjin.
charging piles have been installed in ground parking lots in many shopping malls and communities. new energy vehicles can be parked here for charging, but new energy vehicles are not prohibited from parking in underground garages. some underground garages have installed many charging piles, and there are parking spaces next to the charging piles. both fuel vehicles and new energy vehicles are parked. at present, mixed parking of petrol and electricity in underground garages is the norm.
a mall security guard told reporters that customers, shop owners, and owners of nearby communities use the underground garage. there are not enough parking spaces, and it is impossible to park gas trucks and trams separately. "and no one has ever suggested that new energy vehicles should be banned from underground garages."
new energy vehicle ban involves discrimination
responsibilities should be clarified when spontaneous combustion occurs
during the visit, the reporter found that many people's concerns about new energy vehicles stem from the "spontaneous combustion rate", "difficulty to extinguish the fire after it breaks out", and "the burning will affect surrounding vehicles", etc.
can the unit responsible for operating and managing parking lots prohibit new energy vehicles from parking in underground garages due to safety and other considerations?
lawyer liu hongyan, senior partner of beijing weiheng law firm, said that there is currently no relevant law that explicitly prohibits new energy vehicles from entering underground garages, but various localities will formulate relevant regulations on the management and use of motor vehicle parking lots. taking hangzhou as an example, according to the relevant provisions of the "hangzhou motor vehicle parking lot (warehouse) construction and management measures (2021)", the owner or the parking service management unit entrusted by him is responsible for the daily operation, maintenance and management of the dedicated parking lot. manage. the hotel's underground garage is a dedicated parking lot. as the owner or manager of the garage, the hotel has the right to independently decide on vehicle parking, security, fire management and other measures. however, the hotel should also take into account the needs of consumers when conducting safety management, and provide new services in a timely manner. energy vehicle owners are provided with suitable parking spaces.
guo yang, vice president of the civil procedure law research association of the shaanxi provincial law society, believes that this prohibitive regulation has no legal basis. unilateral refusal of new energy vehicles to enter underground garages may bring a lot of inconvenience to new energy vehicle owners. constitutes unfair treatment or discrimination against consumers.
"in response to this phenomenon, new energy vehicle owners can complain to relevant departments. if the property company forcibly prevents owners of new energy vehicles from parking, the owners can complain or sue the property company to safeguard their legitimate rights. relevant hotels or shopping malls should try their best to meet the needs of new energy vehicles. car owners may provide alternative parking services based on their parking needs, rather than banning the parking of new energy vehicles in a 'one-size-fits-all' manner," guo yang said.
some interviewees are also worried about this: if a new energy vehicle spontaneously ignites when parked in an underground garage, who will be responsible?
in guo yang's view, the garage management has the obligation to ensure safety and take timely and effective emergency measures when an accident occurs, such as calling the police, extinguishing fires, evacuating personnel, etc., to reduce the losses caused by the accident, and should actively take measures after the accident. cooperate with the investigation and handling work of relevant departments. if the garage manager's fire protection facilities are not perfect, the fire protection equipment is not properly maintained, the garage manager fails to discover and stop unsafe behaviors such as illegal charging in time, or fails to take effective measures in a timely manner after the accident, resulting in increased losses, the garage manager will also have to bear certain responsibility for the losses caused by the accident.
“if the spontaneous combustion of new energy vehicles is mainly caused by improper behavior of the car owner, such as modifying the vehicle wiring without permission, using non-original chargers, charging immediately after high temperature exposure, and having flammable items in the car while charging, etc., the car owner needs to be responsible for the consequences of the spontaneous combustion accident. if the spontaneous combustion of the new energy vehicle is caused by quality problems of the vehicle itself, such as battery defects, circuit failures, etc., then the vehicle manufacturer or seller should bear the corresponding liability first. the damaged party will then seek compensation from the manufacturer or seller," guo yang said.
accelerate the formulation and implementation of policies
balancing safety and car owner rights
experts interviewed believe that with the continued growth of new energy vehicle ownership and the popularity of new energy vehicles in my country, the balance between parking rights and fire safety has gradually become prominent, and such contradictions will become more significant in the future. how to rationally plan parking management while ensuring safety is a problem that needs to be discussed and solved by all sectors of society.
in liu hongyan's view, relevant departments should speed up the formulation and implementation of relevant policies and regulations, further clarify the parking management of new energy vehicles through legislation, and balance fire safety and the rights and interests of car owners.
"article 9 of the civil code stipulates that when civil subjects engage in civil activities, they should be conducive to saving resources and protecting the ecological environment. vigorously developing new energy vehicles is of positive significance to promoting energy conservation and emission reduction, and preventing and controlling air pollution. the legal aspect has great influence on the new energy vehicle industry. when formulating policies or legislation, relevant departments must ensure the reasonable parking of new energy vehicles and promote their development; on the other hand, they must ensure fire safety and prevent fires caused by improper parking of new energy vehicles. and other accidents. this requires balancing the interests of all parties and comprehensively considering factors such as urban planning, traffic management, and fire safety." liu hongyan said.
it is understood that some places have implemented classified management of oil trucks and trams. according to the requirements of the "ro-ro transportation operation guidelines for new energy vehicles in the qiongzhou strait", ferries that mix new energy vehicles and fuel vehicles should place new energy vehicles on the open deck or open deck for loading, and the number does not exceed the vehicle quota. 10% or 18 cars. among the above restrictions, new energy vehicles are restricted from entering underground parking areas in the parking area, and vehicles of different energy types are parked in categories, thereby reducing the risk of fires in underground garages affecting people's lives and property and the risk of spontaneous combustion vehicles igniting nearby vehicles.
guo yang said that in terms of technology and management, in order to balance fire safety and the rights and interests of car owners, some places have begun to set up special electric vehicle charging stations in basements and are equipped with automatic fire extinguishing systems and ventilation equipment. these measures can ensure safety while ensuring safety. at the same time, it can meet the charging needs of new energy vehicle owners. statistics on the number of domestic new energy vehicles and the number of fires show that in the past three years, the fire incidence rate of new energy vehicles has dropped from 1.85 per 10,000 in 2021 to 0.96 per 10,000 in 2023. more publicity and education should be strengthened to let more people car owners understand the safety performance of new energy vehicles and reduce unnecessary worries caused by misunderstandings.
“in actual operation, for places where parking spaces and land are tight, priority can be given to setting up special parking spaces for new energy vehicles in specific areas on the ground or underground garages, and equipped with corresponding fire protection facilities and safety monitoring equipment, while strengthening the supervision of charging facilities. management and maintenance to ensure the safety of the charging process. through the above measures, the legitimate rights and interests of new energy vehicle owners can be fully respected and protected while ensuring fire safety, and the healthy development of the new energy vehicle industry can be promoted," guo yang said.