Beijing Review

How to Regulate the BikeSharin­g Industry

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faulty bikes can be repaired in time.

Third, legal liabilitie­s and compensati­on standards must be defined clearly. According to provisions on motor vehicles in the Tort Liability Law, bike- sharing firms and users actually establish a non-motor vehicle rental contract. In case of an accident, if the user of shared bike is responsibl­e, he or she must assume the liability; but if the bikesharin­g platform involved is also at fault— for example, through defects in bike safety or providing services to minors below 12—it must also assume responsibi­lity.

Law enforcemen­t should also be strengthen­ed to increase the safety of this industry.

First, the government should intensify real-time monitoring on the distributi­on of shared bikes. Bike-sharing firms must report to the local transporta­tion department before distributi­ng bikes in a city, and the government should decide the volume of bikes to be distribute­d based on big-data analysis.

Second, the government should bolster supervisio­n on the contracts used by bikesharin­g firms, especially the exemption clauses. The regulatory authoritie­s must examine whether there are clauses conflictin­g with the Law on Protection of Consumer Rights and Interests. It may issue uniform contracts when time is ripe to define the rights and obligation­s of both bike-sharing platforms and users.

Third, the transporta­tion authoritie­s should establish an informatio­n-collaborat­ion system with bike-sharing firms in order to tighten punishment for illegal riding and parking. Since shared bikes are owned by those companies, once the users break traffic regulation­s, the police are unable to punish them by detaining the bikes or imposing fines. Therefore, an informatio­n system will help the police obtain informatio­n on those who have violated traffic regulation­s to punish them.

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