Who has the right to publish the odd and even number restriction notice?

  Expert Interpretation of Taiyuan Urban District Implementation of Motor Vehicle Odd and Even Number Restriction Notice

  □ Our reporter Ma Chao and Wang Zhitang

  At 23:40 on December 19th, the official Weibo of the Traffic Police Detachment of the Public Security Bureau of Taiyuan City, Shanxi Province @太原交警 issued the "Notice on Implementing the Traffic Control of Odd and Even Numbers of Motor Vehicles in the Urban Area". The time limit for this time is 12 From 0:00 on 22nd to 24:00 on December 31, the inscription was Taiyuan Public Security Bureau.

  After the announcement, one stone stirred up waves.

WeChat Moments, Weibo, and short videos are constantly talking about: What is the legal basis for restricting traffic?

Is the restriction notice a major decision?

Who should publish it?

Does the release need to go through a certain procedure?

  With these questions in mind, reporters from the Rule of Law Daily interviewed multiple departments and related legal experts.

  The law is clear

  "Dear neighbors in the neighborhood, due to the time-consuming and limited behavioral work and travel, I want to carpool and travel. I have a double number on the end of my license plate. I work near the intersection of Changzhi Road, South Central Ring, Xiaodian District. Carpoolers, please contact me..." This is a message sent by the owner of a community in Taiyuan in the WeChat group.

  The reporter learned that this announcement is the second traffic restriction announcement issued by Taiyuan this winter.

The previous travel restriction notice was released at the same time by the official Weibo and WeChat of the Traffic Police Detachment of Taiyuan Public Security Bureau at 17:41 on December 13. Odd and even numbers are restricted, and the inscription is also the Taiyuan Public Security Bureau.

  After reviewing the two notices, the reporter found that the two restrictions were "to reduce motor vehicle exhaust emissions and protect the health of the people", based on "The Road Traffic Safety Law of the People's Republic of China" and "Air Pollution Prevention and Control of the People's Republic of China". "Law" and other legal provisions".

  The reporter immediately checked the above two laws and found that the full text of the Road Traffic Safety Law has 8 chapters and 124 articles, including 2 articles related to traffic restriction and traffic control, namely:

  Article 39 The traffic management department of the public security organ may, in accordance with the specific conditions of the road and traffic flow, take measures such as diversion, restriction of passage, and ban on motor vehicles, non-motor vehicles, and pedestrians.

In case of large-scale mass activities, large-scale construction, etc., it is necessary to adopt measures to restrict traffic, or to make a decision directly related to public road traffic activities, and it shall be announced to the public in advance.

  Article 40 In the event of natural disasters, severe weather conditions, or major traffic accidents that seriously affect traffic safety, and it is difficult to ensure traffic safety by adopting other measures, the traffic management department of the public security organ may implement traffic control.

  The full text of the Air Pollution Prevention and Control Law has 8 chapters and 129 articles, of which only 1 article is related to the restriction of motor vehicle driving:

  Article 96 The local people’s government at or above the county level shall promptly activate emergency plans based on the warning levels of heavy pollution weather, and may, according to emergency needs, order relevant enterprises to suspend production or limit production, restrict the driving of certain motor vehicles, prohibit the setting off of fireworks and firecrackers, and stop. Emergency measures such as construction site earthwork operations and building demolition construction, stopping outdoor barbecues, stopping outdoor activities organized by kindergartens and schools, and organizing and carrying out artificial weather modification operations.

  "It is not difficult to see through the above regulations that only when roads and traffic flow are large, large-scale mass activities, large-scale construction, and severely affect traffic safety, the traffic management department of the public security organ can restrict traffic and conduct traffic control. Taiyuan Two The purpose of the traffic restriction notice is to "reduce motor vehicle exhaust emissions and protect the health of the people". Obviously, it is not included." said Peng Yunye, president of Shanxi Provincial Administrative Law Research Association and professor of Shanxi University Law School.

  Peng Yunye stated that it is the local people's government at or above the county level that can take emergency measures such as restricting the driving of some motor vehicles according to emergency needs, not the public security organs and their traffic control departments.

  Why the announcement

  Where did the two announcements of travel restrictions come from?

Has it been reviewed for legality before release?

The reporter contacted the Taiyuan City Public Security Bureau and the Traffic Police Detachment of the Taiyuan City Public Security Bureau. Relevant personnel of the two departments gave the reply: Following the request of the higher-level department to release.

  Subsequently, the reporter tried to contact the Taiyuan Municipal People's Government Office based on the list of spokespersons and telephone numbers of the three-level government of Shanxi province, city, and county, but the calls were all unanswered.

  The reporter compared the two notices and found that in addition to the two laws, the first notice also had "the requirements of the Municipal Ecological Environment Bureau." The second notice also clarified the main body that decided to limit the traffic, that is, the city's leadership in improving the environmental quality of the province. Group office.

  Based on this, the reporter contacted the Regulations and Standards Section of the Taiyuan Eco-Environment Bureau in charge of legality review.

A staff member surnamed Zhao said that the restriction on travel is handled by the Department of Atmospheric Environment.

When the reporter asked whether the travel restriction notice had been reviewed for legality, the staff member said that he had not participated and said that relevant personnel from the Atmospheric Environment Department would contact the reporter.

  Soon, a staff member surnamed Yang, who claimed to be the Atmospheric Environment Section of Taiyuan City’s Eco-Environment Bureau, called the reporter and said that the Taiyuan City Leading Group for Improving the Environmental Quality of the Provincial City is a deliberative body established by Taiyuan City to improve the environmental quality of the provincial city. The dual-leader system, the member units include the ecological environment, public security, meteorological and other departments, and the office is located in the Municipal Ecological Environment Bureau.

  “The restriction on motor vehicles is reported by the Municipal Ecological Environment Bureau based on the results of the consultation. After the municipal government’s authorization, the public security department will issue it. , Scientific research and expert groups conduct consultations and judgments, and obtain forecasts based on their own research and judgments and the results of the provincial departments' research and judgments, and report them to the city.

  The staff member further explained that the main sources of pollution in Taiyuan are corporate pollution, dust pollution, motor vehicle pollution and domestic pollution.

On December 13, the Municipal Ecological Environment Bureau issued a notice requiring the city's coking companies to suppress production by 50%, chemicals and carbon black by 30%, TISCO, as an A-level enterprise, independently suppress production by 20%, and all cement and other industries to stop production.

Except for companies with heating tasks, industrial companies have reduced pollution to a minimum.

Extremely strict measures have also been taken to suppress dust.

"Faced with the possibility of coming polluted weather, after careful consideration, we decided to take measures to restrict motor vehicles."

  Major administrative decision

  According to data released by the Taiyuan Traffic Police Department, as of May 20, 2021, the number of motor vehicles in Taiyuan has reached more than 1.9 million.

During the restriction period for odd and even numbers, about 950,000 motor vehicles were affected every day.

  So, is the restriction that affects the travel of so many people a major administrative decision?

  “Limitations on motor vehicles involve the vital interests of the public to travel, and of course they are major administrative decisions.” Peng Yunye said, in accordance with the “Interim Regulations on Major Administrative Decision-Making Procedures” promulgated by the State Council, major administrative decisions concerning public services, market supervision, social management, and environmental protection have been formulated. Public policies and measures; decision-making matters that have a major impact on economic and social development, involve major public interests or the vital interests of the general public, and other major decisions are major administrative decision-making matters.

  Peng Yunye said that according to the Air Pollution Prevention and Control Law, the main body of the notice of motor vehicle restriction should be the People's Government of Taiyuan City, and there should be sufficient basis before making a decision. If there is detailed data to support, it will usher in polluted weather and what kind of pollution. The degree can decide to take measures to restrict the use of motor vehicles.

These should be made public.

  "Before the announcement, in addition to legality review, various measures such as holding hearings should be taken to protect the people's right to participate and ensure that the content of decision-making complies with laws, regulations and rules. At the same time, it is recognized by the public." said Peng Yunye, a government agency When making administrative decisions, one should also pay attention to the relationship between the exercise of public power and the protection of private rights. For example, restrictions on traffic for public health restrict the rights of motor vehicle owners. Should consideration be given to certain compensation in terms of taxes and fees. .

  Different processing modes

  The reporter found that for the same traffic restriction, different places have different processing modes. Even if they are in Taiyuan, they are different every time.

  On October 16, 2020, when Taiyuan City issued the first traffic restriction notice in the winter of 2020, the inscription was also the Taiyuan City Public Security Bureau, and the traffic restriction notice to the Taiyuan City Public Security Bureau’s traffic police detachment was also issued to Taiyuan City to improve the provincial environment. Office of the Quality Leading Group.

After the announcement, the newspaper's new media has paid attention to the report.

  On November 26, 2020, Taiyuan City issued the second notice of travel restrictions. This time the announcement was made by the People’s Government of Taiyuan City. Although the travel restrictions were limited to one day, the travel restrictions not only issued a notice one week in advance, but also held a special press release. Will be interpreted.

  Throughout the country, many cities, especially northern cities, have introduced restrictions on traffic.

  On the official website of the Beijing Municipal People's Government, the reporter inquired about 13 travel restriction notices issued by Beijing in 11 years (from 2010 to 2021, including not issued in 2011), of which two were issued in 2013 and 2015 respectively.

These 13 traffic restriction notices are all red-headed documents with official document numbers (such as Jingzhengfa [2020] No. 13). The people who decide to implement the restrictions are all Beijing Municipal People’s Government, and the issuing party is the Beijing Municipal People’s Government. All methods are through the official website of the Beijing Municipal People's Government.

  The reporter also noticed that the Beijing Municipal Commission of Transportation also issued relevant policy interpretations for the traffic restriction notices issued in 2019, 2020, and 2021.