How should "car vendors" be dealt with?
Publication date: August 12, 2010
At noon on August 7th, a mini-truck loaded with peaches was parked on a sidewalk of Hubin North Road. Perhaps feeling that business was not good, the owner soon covered the peaches with a tarpaulin and prepared to move elsewhere. After turning a few corners, the small truck was parked under an overpass near a bus stop on Hubin South Road. Subsequently, the owner uncovered the tarpaulin and began soliciting customers.
The peach sellers were a couple from out of town. They said they learned to sell fruit using a car by following others.
Reporter: Why do you choose to sell fruit this way using a car instead of setting up a stall?
Vendor: We have set up stalls before, but it doesn't make money at all.
Reporter: Is the cost too high if you sell in a fixed location?
Vendor: It's not about the cost; every day we end up with spoiled fruit, which is useless. We lost a lot of money, so when we saw others doing it, we followed suit.
Reporter: How long have you been selling this way using a car?
Vendor: We've been doing it for a few months now. It's not easy to make money this way either. Urban management chases us around, so we only sell during our off-hours.
Indeed, nowadays during lunchtime or evening rush hours, on some densely populated roads or near residential areas, it's common to see "car vendors" operating illegally on the streets.
Director of the Supervision and Inspection Department of the Siming District Urban Management and Law Enforcement Bureau, Qu Yaojin:
From what we've seen this year, there has been an upward trend. Last year in 2009, we recorded 84 cases. Since the beginning of this year until now, there have already been 69 cases.
Standing Committee Member of the 11th Municipal Committee of the CPPCC, Zhu Jianghuai:
There are many side roads and neighborhood roads where, at those turns with better visibility, especially in triangular intersections, there are quite a number of cars parked selling goods.
Zhu Jianghuai pointed out that "car vendors" represent a new problem in urban management. Besides illegal street vending like other unlicensed stalls, they also affect traffic and increase the difficulty of management.
Standing Committee Member of the 11th Municipal Committee of the CPPCC, Zhu Jianghuai:
Using transportation as a vending facility is itself something new. Secondly, this form is highly mobile. If one spot is deemed unsuitable, they can quickly move to another place where there are people. This situation poses traffic safety hazards and accidents are more likely to occur.
Director of the Supervision and Inspection Department of the Siming District Urban Management and Law Enforcement Bureau, Qu Yaojin:
Their vehicles are generally old, some even lack proper documentation or registration. Some are overdue for scrapping, and some are patched together. These types of vehicles should not be on the road, posing significant risks to road traffic and people.
In addition to endangering traffic safety, the fruits and vegetables sold by these car vendors also raise concerns.
Citizen 1:
(Have you ever bought fruit from someone driving on the sidewalk?) No. (What do you think about this?) Because I'm afraid they might cheat on weights and measures. Moreover, illegal street vending obstructs traffic, which is not good. The fruit may not be fresh either. (Do you have any suggestions?) I suggest that this kind of behavior should be stopped and needs to be regulated.
Car vendors illegally occupy roads, creating traffic safety hazards, and the quality of the items they sell cannot be guaranteed. So, why have "car vendors" spread across the city's major streets and alleys in such a short time? Apart from some citizens seeking convenience and giving "car vendors" space to survive, a crucial point is that these "mobile stores" are highly mobile and fast-moving, making them difficult to manage.
Speaking of the increasing number of "car vendors," one reason is that a portion of citizens, either for convenience or out of sympathy for the hardships of small vendors, provide a certain survival space for "car vendors."
Reporter: Are the vegetables sold here cheaper than in the market?
Citizen 3: About the same, generally there isn't much difference.
Reporter: Why do you buy vegetables here then?
Citizen: People just pick up some on their way home after work.
Reporter: Do you find it more convenient?
Citizen: A bit more convenient.
Citizen 4: In fact, since the sidewalk here is relatively wide, it doesn't really obstruct traffic. It's actually fine as long as there aren't too many. People have it tough; it's not easy for them to bring fruit here to sell. Farmers work hard, so I don't mind as long as they're not too noisy.
Compared to regular street vending, managing "car vendors" is even more challenging, which is another reason why their numbers are increasing. Since the beginning of this year, the Siming District Urban Management and Law Enforcement Bureau has received multiple complaints from citizens regarding this issue. Urban management personnel have carried out multiple rectifications, but the results have not been ideal.
Captain of the Lujiang Team of the Siming Urban Management and Law Enforcement Bureau, Li Zhilong:
Our compulsory measures against them are still relatively insufficient. Sometimes, when we try to seize their fruits or tools, they immediately jump into their cars, start the engine, and drive recklessly. To prevent injuries to the public, law enforcement officers, and themselves, we have adopted a more tolerant attitude.
Director of the Supervision and Inspection Department of the Siming District Urban Management and Law Enforcement Bureau, Qu Yaojin:
In terms of penalty laws, we have relatively fewer options. Our main penalty law is Article 21 of the "Xiamen City Appearance Management Regulations," which penalizes illegal street vending. However, according to Article 50, the penalty is 100 yuan per square meter.
On July 30th, during the concentrated night-time street vending rectification conducted by the Siming Urban Management, a dangerous incident occurred. That evening, under the Sibei pedestrian overpass, urban management personnel discovered a small truck with license plate number MN DEZ665 parked on the sidewalk selling fruit. The urban management staff repeatedly asked the vendor to get out of the car, but the man stayed in the driver's seat, rolled up the windows, and refused to open the car door. Suddenly, the man lying on the steering wheel started the vehicle, accelerating from the sidewalk onto the motor vehicle lane. Afterwards, he drove rapidly forward and backward multiple times near the crowded bus station, creating a very dangerous scene.
Captain of the Lujiang Team of the Siming Urban Management and Law Enforcement Bureau, Li Zhilong:
During his escape, he almost hit my deputy captain, Deputy Captain Jiao. Secondly, after driving about thirty meters, he reversed three times towards the crowd and the incident site.
Additionally, "car vendors" fall under the jurisdiction of both urban management and traffic police because the vendors use motor vehicles. Cross-departmental management inevitably affects the efficiency of management.
Lawyer Li Zhipeng from Wanstone Law Firm in Fujian Province:
This mainly involves two departments. The first is the traffic police department, such as situations where street vending leads to blocked traffic, which is mainly managed by the traffic police. The second is urban management, such as general road occupation affecting the urban environment, which is enforced by the urban management department. Since the authorities of these two departments differ somewhat, for example, the traffic police can tow vehicles if they cause traffic issues on the road, while the urban management department does not have such authority. Therefore, joint law enforcement by both departments would be an ideal state.
Relevant parties pointed out that "car vendors" present new challenges to urban management. In addition to joint law enforcement, new methods need to be formulated. For instance, in other places, "car vendors" are gathered together, allowing them to operate at a specific location and time. Xiamen could consider trying something similar, but first, there must be legal guarantees.
Standing Committee Member of the 11th Municipal Committee of the CPPCC, Zhu Jianghuai:
Local regulations related to urban and traffic management need adjustment. Can we allow such mobile vendors to operate on suitable sections of roads, as done in other cities, where small cars line up together with specified times and locations? Additionally, they must accept supervision from the industry and commerce and health departments, especially for food safety-related matters. There should be regulation, even issuing temporary licenses, to ensure proper management.