Guangzhou Passenger Car Lease Management

Original Language Title: 广州市客车租赁管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399592.shtml

Guangzhou passenger car lease management

    (November 4, 2013, the Guangzhou Municipal Government Executive meeting of the 14th session of the 89 through November 25, 2013, people's Government of Guangzhou City, the 97th to be announced come into effect on January 1, 2014), coach hire, first for the specification of the behavior, and protect the legitimate rights and interests of coach hire operators and lessees, promote healthy development of passenger car rental industry, according to the Guangdong road transport regulations, and the relevant provisions, combined with the city's actual, these measures are formulated.

    Second passenger car leasing activities in the administrative area of the city and its supervision and management, application of this approach.

    Third coach hire in these measures refers to the agreed time, buses deliver the lessee up to the 12-seat use, charge a leasing fee of business activities.

Fourth municipal traffic Administrative Department is the passenger car leasing industry administrative departments, is responsible for implementation of this approach.

District, city transportation executive coach hire industry provisional departments are responsible for the day-to-day management and supervision and inspection work.

Traffic Administrative Department of road transport can delegate management of day-to-day management of the agency-specific implementation of coach hire industry.

    Public security, industry and commerce, work safety supervision and management and other relevant administrative departments shall, in accordance with their respective responsibilities, coupled with good management of coach hire industry.

The fifth coach hire industry development shall follow the standardized management, principles of low carbon and environmental protection and safe operation.

    Coach hire operators are encouraged to implement large-scale, network, brand management, cooperation and cooperation in different places in the same city.

    Sixth coach hire industry association shall be encouraged to establish a sound industry Convention, the industry standard system of industry self-regulation, provided leasing information, industry training, dispute mediation coach hire, to maintain an open, fair and orderly passenger car rental market, promote the healthy development of the industry.

Article seventh coach hire business, operators should be made within 20 working days from the date of business license to the filing formalities traffic administrative departments, county-level cities, and include the following materials:

(A) the enterprise's business license;

(B) the articles and the related management system;

(C) identification of Heads of enterprises, Attn proof of identity and the power of Attorney;

(D) proof of ownership or lease contract management and office space;

(E) Enterprise qualification certificate and the employment contract of the full-time managers.

    Change record matters prescribed in the preceding paragraph, the operator shall, within 20 working days from the date of the original registration authority filing procedures.

The eighth district and city traffic administrative departments should be received within 3 working days from the date of sending material checking, to submit complete information, in compliance with the statutory form, coach hire operator proof of filing; the submitted information is incomplete or not in compliance with the statutory form, shall inform the coach hire operators need to supplement about disposable material.

    District, county-level cities after the traffic Administrative Department proof of filing, shall, within 3 working days will coach hire operator name, business, traffic, and office space and other related communications administrative departments.

    The Nineth traffic administrative departments and industrial and commercial administration departments through government information-sharing platform, sharing coach hire operator's registration information, as well as industrial and commercial enterprises for the record.

Tenth coach hire operators for the rental of vehicles, shall comply with the following conditions:

(A) vehicle registration certificates and vehicle driving permit has been made, and the vehicle owner and operator names;

(B) consistent with the city's vehicle emission standards, and meet other requirements for vehicles driven on the road by the State;

(C) according to the provisions for statutory insurance such as compulsory traffic accident liability insurance for motor vehicles.

Coach hire operator shall, before rental vehicles for lease, 5 working days in advance to the district and county-level cities traffic Administrative Department filing procedures, get a rental car for the record card.

    Coach hire operators reduce the rental vehicle shall be made to the district and county-level cities traffic administrative departments for the record the cancellation procedures, and return the rental vehicle registration card.

Safety production management of the 11th coach hire operator shall perform the following duties:

(A) to carry out national, provincial and municipal laws, regulations, and policies related to safety;

(B) establish and improve the safety management system, including safety procedures, safety production responsibility system, troubleshooting, corrective action, vehicle technology and safety management systems;

(C) technical specifications in accordance with the preparation of emergency plans to introduce the production safety accident emergency rescue plans, district or county-level city traffic administrative departments, and production safety accident emergency rescue drills at least 1 times a year;

(Iv) safety training organization directors, safety-control managers and practitioners to participate in safety training and continuing education;

    (E) requirements according to the vehicle use and maintenance instructions, good vehicle maintenance and periodic inspections to ensure good condition.

12th coach hire operator in the business activities shall comply with the following requirements:

(A) the prominent positions in the business place flying license, public purchase the rental vehicle's license plate number, vehicle, insurance and car rental process, user agreements, service commitments, monitoring telephone information;

(B) the implementation of the relevant provisions of the State administration of the price, in the business place display of price lists or price tag, and express a variety of models corresponding to the charges;

(C) in accordance with the lease agreement lease vehicle, guaranteed qualifying condition of rental vehicles, vehicle interior intact and clean appearance, vehicle documents, insurance documents are complete and valid;

(D) establish vehicle files, first gear, technical information, maintenance records, vehicle traffic accident records, technical inspection records, leasing accounts, lease contract, business records and other documents filed in time;

(E) establish a proper rescue service system, failure or accident of the vehicle during the rental period, timely provision of rescue services in accordance with the contract;

(F) establishment of motor vehicle exhaust pollution control management system to ensure that vehicles meet the prescribed standards for pollutants discharge;

    (VII) other obligations provided by laws, rules and regulations.

13th coach hire operator shall not have the following behavior:

(A) the rental vehicle from anyone;

(B) the lease transfers or private sale, financing, management fees and other means transferred to another vehicle;

(C) the same or similar appearance and the Interior of rental and taxi vehicles, the leased vehicle or installed on the meter, Dome light, anti robbery and other devices;

    (D) Yang hand-stop taxi business to attract pockets guest.

14th coach hire operator and lessee shall sign a written lease.

Contracts should include rental vehicle license plate number, vehicle technical condition, vehicle insurance, vehicle usage, duration of use, lease fees, payment, vehicle handover, security, maintenance, rescue services, maintenance, risk, security liability, breach of contract and settlement of disputes and so on.

    Industry associations can develop model contract coach hire, in the industry to promote the use of.

15th the lessee shall sign a coach hire contracts, providing coach hire operator with the following information:

(A) the individual tenants, provide personal identification and candidates to be driving a motor vehicle driving license;

(B) legal persons or other organizations leased, provide business license and organization code certificate, candidates to be driving a motor vehicle driving license and the person in charge of identity, unit of work, as well as books of the authorized Manager.

    Coach hire operator to the tenant's information have a duty of confidentiality.

16th the lessee of leased vehicles shall comply with the following requirements:

(A) the onboard motor vehicle driving license, leasing vehicle registration card;

(B) in accordance with the practice driving rental vehicles, obey traffic safety laws and regulations;

(C) shall not be used or leased vehicles in disguise, in commercial road transportation;

(D) rental vehicle shall not be referred to non-qualified personnel;

    (E) rental vehicles may not be sublet to others. 17th municipal traffic administrative departments should develop a quality coach hire industry credibility assessment methods, coach hire operators on a regular basis conduct comprehensive evaluation, safety, quality of service, and publicize the assessment results; check failed coach hire operator, shall order the rectification.

Evaluation of specific implementation by the district and county-level cities traffic administrative departments in charge.

Coach hire operator in the assessment year in any of the following circumstances, quality credit check failed:

(A) or disguised by leased vehicles engaged in road transport operation, if the circumstances are serious;

(B) because the vehicle did not meet safety standards, death occurred more than 3 major or all responsibility and accidents;

    (C) the service does not comply with the measures set forth in the 12th, 13th, and be dealt with according to law is still not correct.

    18th of municipal traffic administrative departments should establish passenger car rental information service platform, providing coach hire for public operators, leasing vehicles, quality reputation assessment results information query service.

19th traffic administrative departments at all levels should establish quality coach hire service complaint reporting system, to report to the public, such as telephone number, address or email contact.

    Traffic administrative departments at all levels shall receive reports or complaints within 15 working days from the date of processing belonging to real-name information or complaints, opinions should be answered informant or complainant.

20th traffic administrative departments at all levels to coach hire business activities when conducting supervision and inspection, coach hire operators legally entitled to the units and individuals to understand the situation, check out, copy the relevant information.

    Coach hire operators, relevant units and individuals shall be subject to supervision and inspection of the traffic administrative departments according to law, provide relevant information or to explain the situation.

    21st coach hire operators disobey the seventh article, fails to go through the registration formalities or filing a change, by district, county-level cities, where traffic administrative departments ordered to submit for the record and give a warning and fined 2000 Yuan more than 5000 Yuan fine.

22nd coach hire operator to the article tenth paragraph, fails to handle the leasing vehicle record, by district, county-level cities, where traffic administrative departments ordered to submit for the record, be warned, fined and May 2000 Yuan per vehicle.

    Coach hire operators disobey the tenth paragraph, fails to handle the leasing vehicle registration cancellation, and return the rental vehicle registration cards, by district, county-level cities, where traffic administrative departments of rectification.

23rd article in violation of these regulations section 11th coach hire operator, failed to meet management of production safety, according to the following provisions:

(A) not complying with the provisions of this production safety accident emergency rescue plan has been formulated and submitted for the record, by district, county-level cities, where traffic administrative departments ordered to submit for the record and give a warning and fined 2000 Yuan more than 5000 Yuan fine.

(B) not complying with the regulations of safety accident emergency rescue drills, by district, county-level cities, where traffic administrative departments a rectification; fails to mend and fined 5000 Yuan and 20,000 yuan fine.

(C) is not required to conduct safety training, organizing directors, safety-control managers and practitioners to participate in safety training and continuing education, work safety supervision and management departments in accordance with the People's Republic of China Law on production safety provisions of the 82nd, a rectification; fails to mend, to order the rectification, and can be fined a maximum of 20,000 yuan.

    (D) cause accidents, in accordance with the People's Republic of China Law on production safety, the production safety accident reporting, investigation and handling regulations and other laws and regulations dealing with.

24th coach hire operator to the methods set forth in the 12th, 13th, has one of the following acts, by the traffic Administrative Department in accordance with the following provisions:

(A) without complying with the provisions in the business place public rental vehicle's license plate number, vehicle, insurance purchase and rental process, user agreements, pledges and other information, rectification, and fined 1000 Yuan and 3000 Yuan fine.

(B) does not provide for the establishment of vehicle files, rectification, and fined 1000 Yuan and 3000 Yuan fine.

(C) rental vehicle owned by someone else, or rental transfer or private sale or financing, management fees and other means of transferred to another vehicle, correction, and a fine of 5000 Yuan and 30,000 yuan fines; serious circumstances, impose a fine of more than 30,000 yuan to 50,000 yuan.

(D) same or similar appearance and the Interior of rental and taxi vehicles, the leased vehicle or installed on the meter, Dome light, anti robbery and other devices, or whisking the parked taxi business to attract pockets guest, correction, and a fine of 5000 Yuan and 30,000 yuan fines; serious cases and fined 30,000 yuan and 100,000 yuan fine.

    Disobey the 12th coach hire operator (b) provides, according to the provisions in the business place display of price lists or price tag, express a variety of models corresponding to the fees, the price Administration Department in accordance with the People's Republic of China Law on price regulations.

25th traffic administrative departments, road transport management and other relevant administrative departments and their staff, one of the following acts, by their appointment and removal or administrative permissions for the monitoring authorities of the relevant person shall be given sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) these measures are not in accordance with the provisions of the conditions, procedures and time limit for the implementation of administrative records;

(B) participation in or disguised in coach hire business activities;

(C) discovers or ought to have discovered the bus lease violations do not promptly investigated;

(D) ask for and accept other people's property, or seeking other interests;

    (E) other acts of dereliction of duty, abuse of authority or engages in. 26th article this way come into force on January 1, 2014.