Ningxia Hui Autonomous Region, Motor Vehicle Maintenance Management

Original Language Title: 宁夏回族自治区机动车维修管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399480.shtml

Ningxia Hui autonomous region, motor vehicle maintenance management

    (October 21, 2013 municipality 13th 60th Executive meeting for discussion and adoption on November 13, 2013, Ningxia Hui autonomous region people's Government promulgated as of January 1, 2014) Chapter I General provisions

    First in order to regulate motor vehicle maintenance operations, protection of motor vehicle maintenance and the legitimate rights and interests of the parties, and guarantee the quality of motor vehicle maintenance and operational safety, promote healthy development of motor vehicle repair industry, according to the People's Republic of China regulations on road transport and the Ningxia Hui autonomous region, road transport management provisions of the Ordinance and other relevant laws and regulations, combined with State practice, these measures are formulated.

    Article autonomous region within the administrative area of units and individuals engaged in motor vehicle repair business, should comply with these measures.

Article III motor vehicle repair business in these measures refers to maintain or restore normal motor vehicle technical condition and functionality, extend the life of motor vehicles as the main purpose of maintenance, repair, and maintenance of quality testing, or rescue operations.

    Tractors, combine harvesters and other agricultural machines maintenance activity, this approach is not applicable.

The fourth people's Governments above the county level transportation departments in charge of motor vehicle maintenance and management of the Organization and leadership within their respective administrative areas.

Road transport authorities above the county level to implement motor vehicle maintenance management within their respective administrative areas.

    Public security, quality, safety, environmental protection, trade and industry, price and other administrative departments shall, in accordance with their statutory duties and regulatory work related to motor vehicle maintenance.

    Fifth vehicle maintenance management follow open, fair, just and convenient principle, encourages unfair competition, protection of legitimate business.

    Sixth vehicle maintenance industry organizations should play a industry self-regulation, trade service and industry coordination role, providing business training, technical exchanges, and information policy consulting services, promoting the standard of motor vehicle maintenance Manager, maintenance of motor vehicle maintenance and operating the legitimate rights and interests of the parties.

Article seventh motor vehicle maintenance and operator shall operate, follow the principle of equality, voluntariness, fair dealing and good faith.

    Encourage operators of motor vehicle maintenance intensive, specialized operations, promoting maintenance service network construction, promote the rational division of labour and coordination development of vehicle maintenance.

    Chapter II business

Article eighth motor vehicle maintenance and operation based on the maintenance vehicle types, service capacity and management project category permission.

Motor vehicle repair business service objects are divided into the car repair business, transport of dangerous goods vehicle repair business, motorcycle repair business and other motor vehicle repair business categories.

Auto repair business, other motor vehicle repair business service and business project into a kind of maintenance operations, two types of maintenance operations and three types of maintenance operations.

    Various types of motor vehicle repair business specific business projects, in accordance with the relevant provisions of the State and the autonomous communities.

Section Nineth engaged in motor vehicle repair business, shall meet the following conditions:

(A) is consistent with the local urban development plan and adapt to the business to maintain the grounds;

(B) the necessary equipment, facilities and technical staff;

(C) a strong motor vehicle maintenance management system;

(D) the necessary safety and environmental protection measures.

    Specific criteria for these conditions in accordance with the relevant provisions of the State and the autonomous communities.

    Tenth engaged in the transport of dangerous goods and car maintenance business, undertakings should be well away from residents living area, with commensurate with the work of special dangerous goods transport vehicle repair workshop and parking.

The 11th applicant engaged in motor vehicle repair business, shall apply to the road transport authorities of the County, and submit the following materials:

(A) the application;

(B) identification of the applicant;

(C) engaged in land-use rights certificate;

(D) rosters and proof of qualifications, titles of employees;

(E) equipment, facilities inventory (of the measuring devices equipment, facilities, provision of measuring equipment calibration certificates);

(Vi) maintenance management system of text;

(G) environmental and safety protection measures and related facilities, equipment, documentation of text.

    Applies to engage in the transport of dangerous goods vehicle maintenance, shall also submit a dedicated repair workshop, equipment, facilities, documentation, lists of safety managers, safety procedures and emergency plans for the text. 12th accepts an application for motor vehicle maintenance and operation of road transport authority shall from the date of acceptance of the application review is completed within the 15th, made the decision to permit or not permit.

Licensing, motor vehicle repair license issued; not to permit and notify the applicant in writing and state the reasons.

    Motor vehicle maintenance operators shall hold a license for motor vehicle maintenance and operation to the Administrative Department for industry and commerce in accordance with law on registration procedures.

Section 13th for vehicle repair chain management service network, operated by a motor vehicle repair chain management headquarters to the chain service network the county road transport management body to apply and submit the following materials:

(A) the copy of license for motor vehicle maintenance and operation of chain enterprises headquarters;

(Ii) chain of copy of agreement;

(C) the chain of operations and management manual;

(D) meets the conditions for motor vehicle maintenance and operating the corresponding opening letter of commitment. Road transport authority after the inspection application documents are complete and valid, and should be licensed within the field or in the 5th, and issue appropriate licenses.

    Chain service network management projects should be in motor vehicle license chain enterprises headquarters within the scope of the project.

14th motor vehicle maintenance operators change the maintenance scope, workplaces, shall provide relevant materials by road transport authority approval of the original licensing decision, for industrial and commercial registration.

Motor vehicle maintenance and operator changes its name, legal representative, shall go through the relevant formalities and registration procedures within 30th of road transportation management agencies made the decision on the license file.

    Motor vehicle maintenance and operator terminates its operation, ought to make licensing decisions in the 30th before ending the business informed of road transport management, road transport management body shall handle the cancellation procedures. 15th implement motor vehicle maintenance and operating license is valid.

Engaged in one or two car repair business and a motorcycle repair business certificates are valid for six years engaged in three types of automotive repair business, two motorcycle repair business and other motor vehicle repair business certificates are valid for three years.

    Motor vehicle maintenance and operators should be made on the 30th before the expiry date of the licence to the original licensing decisions of road transport management agency for renewal.

    Chapter III operation

16th motor car maintenance managers should leave business engaged in motor vehicle repair, and comply with the following requirements:

(A) in premises prominently hang repair signs and vehicle maintenance and operation permits;

(B) the public maintenance projects, fixed working hours and charges;

    (C) the commitment to public service, road transport management agency and the Department in charge of price supervision.

17th motor vehicle maintenance operators shall carry out maintenance operations within the approved premises, compliance with the provisions relating to environmental protection, safety and sanitation, measures to prevent pollution of the surrounding environment and affect the normal life of the residents.

    Carry out maintenance operations against illegal occupation of roads and public places.

Article 18th maintenance operators shall not engage in the following behavior:

(I) use of counterfeit parts maintenance of motor vehicles;

(B) the contractors have been scrapped vehicle, or unauthorized modification or spell (groups) with motor vehicles;

(C) the contractors without lawful proof or evidence and there are signs of altered, forged motor of the vehicle;

    (D) false maintenance projects, and labor and material costs more than publication charges, fees or charge a maintenance fee. 19th motor vehicle maintenance managers and support clearing fee, material costs and labor should be calculated, and provide the content meets the requirements of road transport authority motor vehicle maintenance statements.

    Maintenance of motor vehicle maintenance and operators do not issue statements, care has the right to refuse to pay the maintenance costs. 20th motor vehicle maintenance operators on an equal and voluntary basis and supporting people make vehicle maintenance contract.

Maintenance of motor vehicle operators in the maintenance process, need to change the maintenance project requires a prior consent of the support person and an additional contract.

    State Transportation Department in conjunction with the State administration for industry and Commerce make vehicle maintenance contract demonstration text and recommended operators of motor vehicle maintenance and care use.

Article 21st maintenance operator should be genuine parts, Deputy factory accessories and repair parts tabs for holding people to choose.

    Asked who pays the cost of replacement parts, demand for old parts, motor vehicle maintenance and operators shall not refuse.

22nd operators of motor vehicle maintenance and repair damaged vehicles, shall register and verify the following information:

(A) the maintenance vehicle number plates, vehicle, engine number, chassis number, license type, body-color;

(B) the owner and the person's name and social security number or driver's license number;

(C) repair project (the appearance of damage should register repair parts);

(D) the repairing time, shift the name;

(E) the replacement name, quantity, specification, new or old.

    Appearance on the repair of motor vehicles, damage and the extent of the damage should take photos, video recording, image data for at least six months.

23rd operators of motor vehicle maintenance and repair vehicle, found the following suspicious circumstances, it should be immediately reported to the local public security organ:

(A) evidence has altered or counterfeit marks;

(B) vehicle engine number, chassis number changed trace signs of other significant alteration, destruction or vehicle;

(C) repair requests for change of engine number, chassis number;

(D) the police inspection of motor vehicles;

    (E) the suspected vehicles and other suspicious traffic accident escape cases.

    Supervision and administration of the fourth chapter

    24th motor vehicle maintenance and operator should be in accordance with country, industry or local standards and specifications maintenance vehicle; there is no standard or specification may refer to a motor vehicle manufacturers to provide repair manuals, operating instructions and technical data maintenance. 25th motor vehicle maintenance operators shall establish a parts procurement registration system.

    Registration includes parts of date of purchase, supplier name and address, product name, brand, size, model, customer content, saved by the regulation can prove that the source of purchase vouchers, shelf life of not less than two years.

26th operators of motor vehicle maintenance and repair of motor vehicles using old parts or repair parts, consent in writing shall obtain the consent of support person, old parts or repair parts shall meet the required quality standards; not require quality standards shall conform to maintain agreed quality requirements. Supporting people-owned parts, accessories product quality inspection qualified certificate should be provided and documented in a motor vehicle service contract or statements. Motor vehicle maintenance and operator when you are using supporting people's options, shall examine the parts certification.

    No certificates or have obvious defects, may be used. The 27th motor vehicle maintenance vehicle operators to be secondary, unit repair or vehicle repairs, shall before servicing the vehicle diagnosis and repair process and completion of the quality inspection.

    Maintenance of quality inspection, quality inspection by maintenance staff repair certificate was issued; no motor vehicle motor vehicle maintenance certificate was issued shall not be shipped. 28th automobile repair operator on second-level maintenance, unit repair or vehicle repair, vehicle maintenance records should be established. Motor vehicle maintenance, including maintenance contracts, maintenance, maintenance personnel and inspectors, maintenance of quality check lists, motor vehicle repair certification copy and repair statements and so on.

    Motor vehicle maintenance and file retention period of not less than two years.

    29th Member, the person in charge of vehicle maintenance technology maintenance personnel, quality inspectors and other key employees of the post, should be in accordance with the relevant provisions of the State and the autonomous communities through examination, obtain qualifications before they can post. Article 30th maintenance operators shall implement the national quality assurance system.

Enforced by the warranty period shall not be less than law, provisions of the regulations and rules.

Motor vehicle maintenance and warranty and repair undertakings qualities within the guarantee period, caused by maintenance vehicles cannot be used normally, and motor vehicle maintenance and operators within the 3rd cannot provide evidence of non-repair causes cannot be used, unpaid repair motor vehicle maintenance and operator shall, without delay, shall not intentionally delay or refuse.

    During the quality guarantee period, motor vehicles for the same fault or maintenance project, after two repairs are still in normal use, motor vehicle maintenance operators shall, after consent of the holding shall agree, within the three working days for other operators of motor vehicle maintenance and repair, and bear the costs. 31st road transport management body shall accept the vehicle repair complaints and conciliation service quality in accordance with maintenance contracts and related disputes.

    Conciliation by the road transport authorities, parties fail to reach agreement or mediation agreement after its entry into force does not comply, the parties may bring a civil action. Articles 32nd to motor vehicle maintenance and quality disputes both parties have the obligation to protect the vehicle to its original State parties.

    If necessary, dismantling the vehicle-related parts, but the parties are present and authorized inspection. Article 33rd on the quality of motor vehicle maintenance and responsibility need to be technical analysis and identification, and the contractors and holding are jointly requested the road transport authorities coordinated, road transportation management agencies should organize an expert group, or Commission has the statutory test technical analysis and identification of qualified testing agency.

    Identification of costs borne by the responsible party.

34th motor vehicle maintenance and operators should be the maintenance of motor vehicle exhaust, noise pollution vehicle technology performance indicators into the maintenance quality assurance system, equipped with detection equipment and testing in accordance with regulations.

    Relates to motor vehicle exhaust, noise pollution, such as maintenance after completion of maintenance, exhaust, noise pollution and other technical conditions shall conform to the national or State regulations.

35th road transportation management agencies should strengthen the integrity of motor vehicle maintenance and operator management, building maintenance quality credit file, and regular vehicle maintenance operator's reputation for quality to the public.

    Motor vehicle maintenance and road transport operators shall cooperate with the authority to carry out the maintenance of quality and integrity management.

    36th road transport authorities can take a sample test, monitor the quality of motor vehicle maintenance and inspection methods, and the specific measures formulated by the State Transportation Department.

    37th road transportation management agencies shall, together with the public security, quality supervision, industry and commerce, environmental protection, pricing and other related departments to strengthen information construction of motor vehicle maintenance and management, and provide each other with information relating to vehicle maintenance management, and information sharing.

38th road transport authority according to law on motor vehicle maintenance and operation supervision and inspection or when investigating violations, may exercise the following powers:

(A) ask the party or the person concerned, and can be invited to provide evidence and other information relating to maintenance;

(B) query, replication and repair-related accounts, bills, receipts, documents and other information, check and repair-related technical information;

(C) in the case of evidence may be destroyed or lost or difficult to obtain later, saved may be registered according to law, the party or person concerned shall not transfer, concealment or destruction of evidence.

    Vehicle maintenance operators to accept supervision and inspection shall cooperate with and provide relevant information.

    The fifth chapter legal liability

39th article violates these rules, motor vehicle maintenance and operator is under any of the following acts, in accordance with the People's Republic of China regulations on road transport and the Ningxia Hui autonomous region, relevant provisions of the regulations on road transport for punishment:

(A) no motor vehicle repair license illegally engaged in motor vehicle repair business;

(B) the use of counterfeit parts maintenance of motor vehicles;

(C) the contractors have been scrapped vehicle, or unauthorized modification or spell (groups) with motor vehicles;

(D) false vehicle maintenance certificate was issued;

(E) employ personnel without corresponding qualification certificate to engage in motor vehicle repair business;

    (Vi) does not provide for the establishment of vehicle maintenance.

40th article violates these rules, any of the following acts, by the road transport authorities above the county level shall be ordered to correct, and a fine of less than 1000 Yuan and 10,000 yuan;

(A) beyond the licensing of business engaged in motor vehicle repair;

(B) unauthorized alteration repair workplaces;

(C) motor vehicle maintenance operators not maintenance quality assurance system in accordance with the provisions of the motor vehicle;

(D) maintenance of motor vehicle operator is not in accordance with the relevant technical specifications for maintenance operations;

(E) the contractors without lawful proof or evidence and there are signs of altered, forged motor of the vehicle;

    (F) false maintenance projects, and labor and material costs more than publication charges, fees or charge a maintenance fee.

    41st article violates these measures stipulated in the 16th and 25th, by the road transport authorities above the county level shall order rectification refuses, be informed and credited to the operators of motor vehicle maintenance and file integrity.

    42nd road transportation authority neglects his duty, favoritism, abuse of power, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles Article 43rd these measures shall enter into force on January 1, 2014. On April 28, 1997 issued by the people's Government of Ningxia Hui autonomous region, the Ningxia Hui autonomous region, the automotive repair industry regulation repealed simultaneously.