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)
