To Li Subin, vice director of a Beijing-based law firm, 2006 got
off to a good start. On January 4, the State Council issued a
notice banning curbs on low-capacity vehicles, and encouraging the
use of environmentally friendly, low-emission cars in the country.
The notice also provides that all restrictions and bans must be
lifted by March.
Five days later, Li dropped his lawsuit against the Xicheng
District branch of Beijing's traffic police.
Li was fined 100 yuan (US$12.4) by the traffic police on August
23 last year for driving a 1.0-liter car along Chang'an Avenue. Li
then filed a lawsuit against the Xicheng District branch for
setting up stop signs and for imposing a fine on him. The suit was
accepted by the Xicheng District Court on September 9.
Speaking with Beijing News on the matter, Li stressed
that he had planned to copy his lawsuit in the other 83 cities,
which observe restrictive regulations on low-capacity cars after
winning his lawsuit against the Xicheng District traffic
police.
Beijing banned the driving of cars with less-than-1.0-liter
engine displacement along Chang'an Avenue in December 1998. They
were also banned from the express sections of the 3rd and 2nd ring
roads.
Li said he was confident of winning the case because he had
gathered sufficient evidence, including central authority
regulations, to challenge the traffic authority's ban. Li's lawyer
cited a notice issued jointly by central government departments,
including the National Development and Reform Commission, the
Ministry of Communications and the State Administration for
Industry and Commerce, which banned the curb on cars only by virtue
of their engine displacement capacities and size.
Li said that another important reason he commenced proceedings
was that he wanted to arouse public consciousness and awareness of
defending their legal rights through legal means. He admitted that
for the average citizen, it is difficult to tell when the
governments' regulations are against the law.
The term "low-emission cars" has become a popular term for cars
with less-than-1.0-liter engine displacement capacities. Since
1998, many cities have adopted bans and other forms of curbs on
low-emission cars. Shanghai banned cars 1.2 liters and below from
elevated roads on September 22, 2002.?
In Guangzhou, capital of south China's Guangdong Province, cars
1.0-litres and below could not be registered with license plates
from August 2001.
There are now 84 cities that restrict the purchase and use of
small cars. Projecting a bad image and traffic jams are two of the
most commonly cited excuses raised in support of these
regulations.
(China.org.cn by Wind Gu January 13, 2006)