current
Electric bicycles have become one of the important means of transportation for people
However, due to illegal parking, illegal charging or modification, and replacement of lithium batteries
The accident caused was shocking
Let's take a look at the following 6 typical cases
Get to know car owners, properties, sellers, landlords, and more
Responsibilities for different groups
Case 1
Park your e-bike in the stairwell
A fine of $850 was imposed
Recently, the fire and rescue detachment of Beijing Economic Development Zone went deep into the residential area under its jurisdiction to carry out fire safety inspections. In a high-rise residential building in CTS Yifu Community, Sihai Road, Yinghai Town, a resident parked his electric bicycle in the stairwell outside his house for convenience, and refused to rectify it, and the fire supervision and law enforcement personnel decided to impose an administrative penalty of 850 yuan on him.
Case 2
Bring the battery home to charge it and start a fire
10 days of administrative detention
On February 22, 2024, a fire broke out on the 27th floor of a high-rise residential community in Tongzhou District, Beijing. After investigation, the fire was caused by a sudden failure when the residents on this floor carried the electric bicycle battery home to charge it without permission.
In accordance with the provisions of Article 64, Paragraph 2 of the Fire Protection Law of the People's Republic of China, the Tongzhou District Public Security Bureau imposed an administrative penalty of 10 days of administrative detention on the party who caused the fire due to negligence.
Case 3
Illegally bring the battery home for storage, causing a fire
Administrative detention for 12 days
On January 4, 2024, a fire broke out in a residential community in Fangshan District, Beijing. After investigation, the cause of the fire was caused by the sudden failure of the electric bicycle battery stored in the living room of the party in violation of regulations.
The Fangshan District Fire and Rescue Detachment and the District Public Security Branch investigated and collected evidence, and in accordance with the provisions of Article 64, Paragraph 2 of the Fire Protection Law of the People's Republic of China, the party who caused the fire by negligence was given an administrative punishment of 12 days of administrative detention.
Case 4
Illegally modified batteries cause fires
One was sentenced to three years and six months, and one was sentenced to three years
On April 16, 2022, a fire broke out in a house in Chenzhou City, Hunan Province, resulting in casualties. After the incident, the fire and rescue brigade jointly launched a fire accident investigation with multiple departments, and determined that the cause of the fire was the failure of the lithium battery of the electric motorcycle in the civil house, which ignited the surrounding combustibles. The original lead-acid battery of this electric bicycle was later modified to a lithium battery, which caused the battery compartment to lose its own sealing function, causing the internal fault of the lithium battery to catch fire. According to the investigation results, the fire was caused by the illegal modification of electric vehicle batteries by criminal suspects Liu and Zhou, which met the prosecution standards for fire cases.
The court ruled that defendant Liu was guilty of arson and was sentenced to three years and six months imprisonment in accordance with law, and defendant Zhou was sentenced to three years imprisonment with a three-year probation.
Case 5
Failure to stop illegal charging caused by fire
Both the property and the owner are responsible
At midnight on October 28, 2021, a fire broke out in the stairwell on the first floor of a community in Zhejiang Province, causing three electric vehicles parked on the side of the staircase and elevator accessories and switches in the stairwell to be burned. The investigation results show that the cause of the fire accident involved in the case is that Xu and Chen, who live in the community, used the power strip managed by the property company to charge the electric vehicle, resulting in the failure of the electrical circuit, igniting two vehicles, and then igniting the electric vehicle charged by Hu using the plug-in board of the weak current box next to it, and the three electric vehicles caught fire, thus causing a fire. The surveillance video shows that Zhu pushed Chen's electric bicycle into the stairwell to charge, and some property company staff passed by the scene and did not stop it.
The court ordered the defendants to compensate the four injured persons for personal injuries and family property losses totaling more than 200 yuan. Among them, the community property company and Xu each bear 30%, Chen and Zhu jointly bear 30%, and Hu bears 10%.
Case 6
The landlord was negligent, and the tenant's e-bike caused a fire that killed people
The landlord and tenant were each sentenced to one year and four months
One day in 2019, the tenant Liu parked his electric bicycle with an "energizing battery" on the first floor of the staircase to charge. At about 1:40 a.m. the next day, the electric bicycle had an electrical wiring failure, causing a fire, resulting in one death, three burns, and some property at the scene was burned.
Based on the analysis of the case, the landlord Zhou neglected to manage his rental house with fire escape hazards, resulting in a fire during the charging of an electric vehicle with a battery installed by the tenant without permission, and the tenant Liu had a weak sense of safety and failed to fulfill his duty of safety care, so he modified the electric bicycle battery and charged it in violation of regulations, causing a fire. The court finally convicted the landlord Zhou of the crime of arson and sentenced him to one year and four months in prison, and the tenant Liu was sentenced to one year and four months in prison with a suspended sentence of one year and six months.
in everyday life
Electric bikes are for people to get around
Commonly used means of transportation
While bringing convenience to life
The fire hazard it poses is not to be underestimated
In the event of an electric vehicle fire
The responsibility of the owner's personal owner, community property, and electric vehicle manufacturer
Who is responsible?
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Criminal Law of the People's Republic of China
Article 115 Whoever causes serious injury or death to a person or causes major damage to public or private property by arson or other dangerous means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death;
Civil Code of the People's Republic of China
Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability.
Article 1172:Where two or more persons separately commit tortious acts causing the same harm, and the extent of responsibility can be determined, each of them bears corresponding responsibility;
Article 1202: If a defective product causes damage to others, the manufacturer shall bear tort liability.
Article 1203: Where a defective product causes damage to others, the infringed party may request compensation from the manufacturer of the product or from the seller of the product. If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation. If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.
Fire Protection Law of the People's Republic of China
Article 64 Whoever commits any of the following acts in violation of the provisions of this Law, which does not constitute a crime, shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined not more than 500 yuan; if the circumstances are more minor, he shall be given a warning or a fine of not more than 500 yuan; he instructs or forces others to violate fire safety regulations and work at risk; he causes a fire by negligence; he obstructs the alarm after a fire breaks out, or the personnel responsible for reporting fail to report to the police in a timely manner; he disrupts the order of the fire scene, or refuses to carry out the command of the commander at the fire scene, affecting the fire fighting and rescue; he intentionally destroys or falsifies the fire scene; he unpacks or uses a place that has been sealed by the fire and rescue organization without authorization, partial.
Product Quality Law of the People's Republic of China
Article 41 If the defective product causes damage to persons or property other than the defective product, the producer shall be liable for compensation. The producer shall not be liable for compensation if it can prove that it has any of the following circumstances: the product has not been put into circulation, the defect causing the damage did not exist when the product was put into circulation, and the existence of the defect could not have been discovered at the level of science and technology at the time the product was put into circulation.
Article 42 If the product is defective due to the fault of the seller, causing damage to the person or property of others, the seller shall be liable for compensation. If the seller cannot identify the manufacturer of the defective product or the supplier of the defective product, the seller shall be liable for compensation.
Article 49 Anyone who produces or sells a product that does not conform to the national or industry standards for safeguarding human health and the safety of persons and property shall be ordered to stop production or sale, confiscate the illegally produced or sold product, and impose a fine of not less than three times the equivalent value of the illegally produced or sold product (including sold and unsold products, the same below);
Regulations on Fire Safety Management of High-rise Civil Buildings
Article 37: It is forbidden to park or charge electric bicycles in public foyers, evacuation walkways, stairwells, and safety exits of high-rise civil buildings.
Encourage the establishment of centralized storage and charging places for electric bicycles in high-rise residential areas. The storage and charging places for electric bicycles shall be set up independently and at a safe distance from high-rise civil buildings;
The storage and charging places for electric bicycles shall be equipped with necessary fire-fighting equipment, and the charging facilities shall be equipped with automatic power-off functions.
Article 47 In violation of these provisions, any of the following acts shall be ordered by the fire and rescue agency to make corrections, and a fine of not less than 2,000 yuan but not more than 10,000 yuan shall be imposed on business units and individuals, and a fine of not less than 500 yuan but not more than 1,000 yuan shall be imposed on non-business units and individuals: (7) parking electric bicycles or charging electric bicycles in the public foyers, evacuation walkways, stairwells, and safety exits of high-rise civil buildings, and refusing to make corrections.
Ah-pop tips
For your safety and the safety of others
Don't leave anything to chance!
Prevent e-bike fires
Keep in mind the seven "don'ts"
↓↓↓
1. It is strictly forbidden to purchase unqualified electric vehicles and accessories. Unqualified, non-standard or over-standard electric vehicles, batteries, wires, and chargers will increase the risk of fire.
2. Unauthorized modification is strictly prohibited. Unauthorized modification of batteries, installation of audio, lighting, etc., is easy to cause overload of the line and cause fire.
3. It is strictly forbidden to park not in accordance with the regulations. It is strictly forbidden to park electric bicycles in housing, underground garages, basements, and semi-basements that have not implemented preventive measures such as fire separation and guardianship.
4. It is strictly forbidden to charge in non-specified areas. It is strictly forbidden to charge in public areas such as public foyers, evacuation passages, stairwells, overhead floors, and safety exits in crowded places and residential buildings, and batteries cannot be taken home for charging.
5. It is strictly forbidden to "fly wire charging". It is strictly forbidden to charge electric bicycles in a way that does not meet the technical standards and management regulations of fire protection such as pulling wires and installing sockets indiscriminately.
6. It is strictly forbidden to charge near flammable products. Electric vehicle charging should be kept away from electric bicycle parking places and flammable and explosive materials made of flammable and combustible materials.
7. It is strictly forbidden to charge for a long time. The vehicle should avoid charging for too long, charging overnight and leaving it unattended, once there is a problem with the battery, wires, etc., it is very easy to cause a fire.
At present, there are two-wheeled electric bicycles in mainland China
At least 350 million of them have been already
On average, in every 4 people
One person owns an e-bike
How to make our "mounts" safe and obedient
Listen to Ah Xiao to give you advice
▌Source: Ministry of Emergency Management, Nanchang Fire Protection
▌Editor: Li Junying
▌Proofreader: Wang Caicai
▌Review: Xing Huimin
▌Submission email: [email protected]