Call for Suspension of Beijing's Traffic Restriction

By Editorial Board
Published: 2008-10-13

From cover, issue no. 389, Oct 13, 2008
translated by Zuo Maohong, Ren Yujie, Liu Peng
Original article
: [Chinese]

Private cars in Beijing have been told to cease driving on the road for one day per week according to the last number of their license plates, starting October 13.

Since the municipal government issued the ruling late last month, public debate has raged. Both supporters and opponents made reasonable arguments and refused to be persuaded by the other. There has been no hint that the local government would walk away from the decision.

While the new policy is being carried out, we believe it is necessary to continue to analyze if the ruling is legal, fair, and has followed proper proceedings. We deem it irresponsible to keep silent or give up one's objection simply because the government wouldn't budge decision.

According to the government, the new policy aims to "reduce the impact of motor vehicles exhaust emission on air quality and maintain smooth traffic".

Based on the country's Law on Road Traffic Safety and the Beijing Municipal Government's Regulations to Implement Law on Prevention of Air Pollution, related watchdogs have the rights to limit motor vehicles on the road according to traffic and air quality conditions.

The new ruling seems well-grounded, yet we believe such power by local authorities is only meant for special and emergency situations, and questions must be asked whether or not the local government has sidestepped the legislation process in issuing the new ruling.

What's more, private cars are personal assets. In accordance with the Property Law, owners have the rights of possession, use, earning and disposal of their private assets. By limiting the usage of private cars, has the Beijing municipal authority infringed private property rights?

Officials from Beijing Traffic Bureau said the ruling was intended to better public health and traffic management. The reasoning appears to be conformed with public wishes, however, such good intention should not be at the expense of citizens giving up their rights to using private property.

If the new ruling was legitimate, then one day we may apply the same logic - sacrifice for the good of the majority - into other sphere of life, such as limiting the days one could occupy his or her own home.

Our major contention is that the new ruling lacked proper debate and legislative proceedings before coming into effect. The Beijing local authorities have gone beyond their administrative power and failed to submit a proposal for the ruling to be deliberated at the National People's Congress or local legislative council.

Officials' intentions to serve the people well deserve praise, and it is the government's responsibility to effectively manage a city to provide a better living environment for its citizens.

However, in resolving traffic and air quality woes in Beijing, the key does not lie in private cars alone.

There are many urban centers in the world that have far more cars on the road than in Beijing, yet traffic is less congested. One contributing factor to is a lag in providing an efficient public transportation system.

We call for Beijing local authorities to suspend the new traffic ruling until the above mentioned issues are addressed.