Lhasa Taxi Administrative Measures

Original Language Title: 拉萨市出租汽车管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399425.shtml

Lhasa taxi administrative measures

    (May 12, 2014 16th Standing Committee of the municipal government for adoption since its May 24, 2014, Lhasa city people's Government order take effect on July 1, 2014) directory

Chapter I General provisions

Chapter II administration of qualification

Chapter III administration qualification

Chapter fourth vehicle management

Fifth chapter management

The sixth chapter of public security administration

The seventh chapter legal liability

    The eighth chapter supplementary articles

    Chapter I General provisions

    The first in order to strengthen the management of the taxi industry, standardize the operation and management, improve the quality of service, protect the legitimate rights and interests of passengers, drivers and operators, in accordance with the People's Republic of China Law on road traffic safety, road transport regulations of the Tibet Autonomous Region, and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

Article of the present regulation is applicable within the administrative area of the city taxi operation and management activities.

    Taxi in these measures, is a legitimate operation qualification, according to passenger preference law providing passenger services, in terms of mileage or time billing of small passenger cars with 5 seats.

Third municipal transport authorities are responsible for supervision and administration of taxis in the city; its road transport authority (hereinafter referred to as transit agencies) for implementation, specific responsibilities include:

(A) promote implementation of taxi management laws, regulations, rules and policies;

(B) development of taxi industry development plan, draft;

(C) review the taxi companies and vehicle formalities;

(D) to supervise and inspect the taxi business and operating conditions of the vehicle, investigate and deal with illegal acts;

(E) training of taxi industry in China.

    Municipal development and reform, financial, land and resources, rural and urban planning, public safety, human services and social security, housing and urban-rural development, industry and commerce, quality and technical supervision, tax authorities shall, in accordance with their respective responsibilities, to do a taxi-related administrative work.

    Fourth the city's taxi industry development plan and plan prepared by the municipal transport authorities, jointly with relevant departments, and submitted to the municipal people's Government for approval.

    The fifth engaged in taxi business shall obtain a license.

The sixth article of the municipal taxi Administration should follow an open, fair, fair and convenient principle.

    The city taxi enterprise and employees shall operate in accordance with law, honest and trustworthy, fair competition and civilized service.

Seventh article this city price departments shall establish a sound taxi price control mechanism.

    Encourage taxi operations to large-scale, intensive development of this municipality to promote information management and the use of environmentally-friendly, energy-saving models.

    Chapter II administration of qualification

The eighth enterprise engaged in taxi business, shall meet the following conditions:

(A) there is commensurate with the scale of the registered capital;

(B) its business and pass the test vehicle;

(C) there is commensurate with the scale of venue operators, parking places;

(D) have a sound safety, quality of service, vehicle, driver management system;

    (V) other conditions stipulated by laws, rules and regulations.

Nineth enterprises engaged in taxi business, the following materials shall be submitted to the municipal transportation agency:

(A) the written application;

(B) the business plan and the feasibility report;

(C) credit;

(D) have appropriate independent qualifications and legal personality of investors, owners, proof of identity, Attn proof of the identity and the power of Attorney:

(E) management and the text of the safety management system;

(F) the documents and information on the operation of the site, site;

(G) the amount invested in vehicles and related costs (including user fees paid) of the undertaking and proved;

    (H) has engaged, or intends to engage a driver's license and qualification certificate and its copy. Tenth of municipal transit agencies should be made from the date of acceptance of the application in the 20th taxi business license or grant licensing decisions.

    Granted license, municipal transportation agency shall issue to the applicant road transport operators permit applicant road transport operators permit holders and related materials, to the Administrative Department for industry and commerce registration; not to permit, transit agencies shall indicate to the applicant the reasons.

11th municipal transit agencies should be according to the taxi industry development plan, market demand and enterprises ' comprehensive quality evaluation, determining taxi number of new capacity put on, models, development of taxi management configuration.

    Taxi operation rights allocation plan approved by the municipal transport authorities submitted to the municipal people's government organizations after implementation.

    12th taxi company taxi operation rights acquired in accordance with the quota to the municipal transportation agency's bid for road transport permits.

13th taxi operation rights for a period of 5 years shall assign, sub-contract, except as otherwise provided by laws and regulations.

    Term of operation is not operating properly, its right by the original licensing bodies recovered; expiration of the term of operation, the original licensing organ to log off.

    14th taxi going out of business, closing, merging, splitting, migration, locations, changes its name, as well as the vehicles stop, update, reduce, should be to the primary licensing authority for the procedure.

15th taxi companies have one of the following, by the municipal transportation agency to withdraw all or part of its right to operate a taxi, and cancellation of permits for road transport operators and road transport certificates:

(A) the transfer, sublet taxi operation rights;

(Ii) high risk deposit passed on by way of operational risk;

(C) after obtaining the taxi operation rights license 180 days without due cause is not operation, or in the business for a 180-day period is not operating;

(D) major accidents or serious mass, Enterprise Manager primarily responsible;

(E) enterprises ' comprehensive quality evaluation for two consecutive years are not qualified;

    (Vi) other circumstances as stipulated by laws and regulations. 16th municipal transit agencies should be integrated evaluation of the taxi enterprise quality of service on a regular basis.

    Failed to pass the examination, by the transportation agency order the rectification; late still not qualified, by the transportation administration agency cancel its road transport operating licences, and drew attention to the Administrative Department for industry and commerce shall revoke its business license. 17th municipal transit agencies should be regular taxi as well as passenger transport taxi driver qualification certification.

    Failed to pass the testing, cancellation of taxi's road transport permits; failed to pass the quality test of driver services, cancellation of their qualification and service supervision card.

    Chapter III administration qualification

18th taxi driver's implementation of a system of qualification examination and training system.

    Apply for taxi driver qualification examination shall be made to the Road Transport Department, and in accordance with the requirements to submit related materials.

19th to apply for taxi driver's licensing exam, shall comply with the following conditions:

(A) under 18 years of age more than 60 years of age;

(B) obtain a corresponding motor vehicle driver's license and at least 2 years driving experience;

(C) health and occupational contraindication;

    (D) issued by the relevant authority within the last 3 years of no major more than equivalent responsibility and accident record.

    20th as the taxi driver's licensing exam practice qualification certificates by the municipal transportation agency designated training institutes for retraining, service supervision card before they can engage in the taxi.

21st taxi driver qualification card is valid for 3 years.

Taxi driver should be 30th prior to the expiry of validity of the qualification certificate issuing authorities issue certificates.

    Taxi driver qualification certificate of loss, damage or change service, shall be to the issuing authorities for replacement or change procedures.

22nd taxi drivers have one of the following circumstances, the city transit agency should suspend its qualification, and call it re-exam; the examination, may continue to be engaged in taxi business activities:

(A) within one year have been effective complaint service for more than 3 times, illegal memory card 2 or more times;

(B) bear the primary responsibility in major more than traffic accidents;

(C) taxi documents lent to others;

    (D) taxi subcontracted to others or to hire the driver.

23rd taxi drivers have one of the following, by the issuing authority to remove his qualification:

(A) the holder to apply for cancellation;

(B) the driver's license is revoked or cancelled;

(C) age more than 60 years of age;

    (D) qualification certificate fails to apply for renewal after the expiry of the validity period.

    Chapter fourth vehicle management

24th taxi companies operating taxi, shall comply with the following conditions:

(A) meet the requirements of national and local technical standards, environmental standards and inspection;

(B) the motor vehicle licence in accordance with law;

(C) according to the rules configured, installed cab display systems, pricing charge system, monitoring system, service system;

(D) the body parts obviously posting uniform rental signs, price tags and complaints;

(E) in accordance with the provisions of the purchase traffic compulsory insurance and third party liability insurance of motor vehicles;

(F) vehicle appearance neat, equipment and facilities in good condition;

    (VII) other conditions stipulated by laws and regulations.

    25th taxi Enterprise shall be in accordance with national, State and city regulations, establishing and perfecting the vehicle technical management system.

Article 26th City transit agencies shall, in accordance with provision for regular season the taxi test and inspection.

    City of quality and technical supervision departments should annually conduct a verification of taxi meter.

    Fifth chapter management

    27th taxi companies and drivers should provide convenient, timely, safe, civilized standardized services, patients, women, persons with disabilities and in need of rescue personnel available for cars.

28th taxi enterprise should comply with the following provisions:

(A) implementation of freight rates and charges established by the Department in charge of price, using the notes produced by the competent tax departments;

(B) take the form of contract management, taxi contract management fees should be reasonable and approved by the commodity price departments submitted to the municipal transportation agency record;

(C) the development of service standards, protocols and drivers files management system, as well as vehicle maintenance, safety, security and other internal rules and regulations;

(D) the labor contract with the pilots and contract according to law, specify the rights and obligations of both parties;

(E) organize regular training for taxi drivers, professional ethics and safety education, improve the comprehensive quality of taxi drivers;

(Vi) to the municipal transportation agency prepare operational reports as well as other operational information;

(G) establish and improve quality of service complaints system;

    (H) other relevant provisions of laws and regulations.

29th taxi drivers operating service, shall comply with the following requirements:

(A) the clothing clean, polite and service standards;

(B) the safety, compliance with traffic regulations;

(C) carry a motor vehicle driving license, driver's license, road transport certificates, qualification, and in accordance with the regulations place the service supervision card;

(D) permit parking section under the waving passenger parking or parking, no parking;

(E) by the use of lights, should show empty when no passengers inside the car for rent signs for any reason is temporarily unable to operate, should show signs of stopping;

(F) according to the best routes, shall not intentionally bypass;

(VII) should be the proper use of the meter, in strict accordance with the meter charges shall not bargain with passengers;

(H) prohibit the unauthorized removal, modification or meter cheated on;

(I) passengers shall be issued and paid-up amount which corresponds to the uniform invoice shall not cheat;

(J) meet for passengers to use or not to use car services requirements;

(11) may be supplemented, removed safety guards;

(12) shall not be unreasonably refusing hire and recruit others to the same shall not be touting forced combination passenger car rental or use others;

(13) services without undue disruption to transport passengers, or without the consent of the passengers agreed to replace their vehicles;

(14) not to smoke in the car, eating, talking on the phone;

(15) the passenger requirements to the suburban, in remote areas, taxi drivers may require passengers along with the registration procedures for validation to the nearest police authorities, and reported the driver-owned taxi companies;

(16) the prohibition of the carriage of prohibited and flammable, explosive and other materials;

(17) the taxi is not used for illegal criminal activities or provide convenient conditions for illegal and criminal activities, criminal suspects were found operating shall be promptly reported to the public security organs, and to assist the police investigation and evidence collection;

    (18) to accept municipal traffic administrative departments and relevant management organ of supervision and inspection.

During the 30th rental cars idle running for rent, with the exception of the following circumstances, a taxi driver shall not refuse:

(A) the passenger in a no parking section of flag of the vehicle;

(B) travel and require users to control their behavior no one accompanying care;

(C) passengers carry inflammable, explosive, toxic and other dangerous articles and defaces items of the vehicle;

(D) passenger not in accordance with the provisions of accounting standards to pay fares;

(E) request from the city or the suburbs at night districts and counties to register according to the provisions;

    (F) related to passengers ' requests in contravention of the road traffic safety laws and regulations and traffic control.

31st passengers taking a taxi shall comply with the following provisions;

(A) the civilization by car, damage car facilities, maintenance interior cleaning:

(B) in accordance with the provisions of the standard payment of fares;

(C) not to have driver's violations of taxi management, traffic management, security management requirements;

    (Iv) not to conduct illegal activities in the car.

32nd under any of the following circumstances, passengers can refuse to pay the fare:

(A) take a taxi without meter or meter is not used;

(B) the taximeter without standards, loss of time or fails to continue to operate;

(C) the taxi driver fares do not issue invoice;

(D) taxi driver without any justified reason, stoppage;

    (E) the taxi driver's spell.

33rd taxi enterprise should develop contingency plans, including reporting procedures, emergency dispatching, emergency vehicles, and disposal measures, and so on.

    In case of emergency rescue and disaster relief, the main passenger hub for serious lack of major events such as emergency, taxi companies, transit agencies, should be subject to mobilization of the unified command of the vehicle.

    34th article city traffic transport competent sector should with police, and land resources, and urban and rural planning, and municipal city, and housing and urban and rural construction, competent sector, in passenger concentrated of public, and large residential of around road, regional, according to convenient passengers of principles and road conditions, set has obviously logo of taxi temporary docked points; in main traffic facilities, and tourism attractions and other large public, passenger distribution center set taxi operating points.

35th city transportation departments shall establish a complaints system, public telephone, mailing address or email address, accepts complaints from passengers, drivers and operators and social supervision.

    After the municipal transportation Department accepts complaints should be dealt with from the date of acceptance in the 10th, and informed the complainant of the outcome and complexity, processing time may extend to 30th.

Article 36th report municipal transportation authorities to establish illegal trading incentives.

    Unauthorized engaged in taxi business or cannot provide proof of valid, transit agencies can legally withhold, transport vehicles, and make a decision within the prescribed period.

    37th no unit or individual is allowed to taxi companies and drivers of illegal car parking fees or obstructed its normal operation shall not disturb the normal order of the means adopted for taxi touting. 38th city, County (district) transport authorities and transit agencies should strengthen the taxi's supervision and inspection.

    Law enforcement officers when performing inspections on taxis, should be wearing a uniform, wearing a law enforcement document.

    The sixth chapter of public security administration

    39th public security organs shall, in accordance with the social security administration needs taxi security objective evaluation criteria and measures are formulated, implemented a taxi public security inspection, and operators to carry out the assessment, evaluation results into the operator's credit profile.

40th taxi Enterprise shall be subject to the public security organs of security guidance, supervision, inspection, assessment, and comply with the following requirements:

(A) the signed security responsibility documents with the public security organs, and assume the responsibilities under the security goal responsibility;

(B) drivers are regularly organized for security, and establish a record of learning systems;

(C) establishing and perfecting the archives personnel, vehicles, public security organizations, day and night duty, vehicle scheduling, liaison systems and records, with full-time and part-time guards;

(D) the implementation of the measures of taxi public security public security organs to prevent, promptly report to public security organs important security information to assist public security organs to prevent, respond to emergencies and combating illegal and criminal activities;

    (E) assist the public security authorities for security inspection and investigation work.

41st taxi shall comply with the following security requirements:

(A) installed in accordance with national accreditation by the quality and technology supervision departments of public security, fire prevention and other security protection facilities;

(B) shall not post on the Windows tinted film, reflective film, may not hang curtains or place the curtain;

(C) the number plates of vehicles shall be clear and in good condition.

    The public security organs in accordance with the road traffic safety laws and regulations when performing testing of taxi, vehicles for testing compliance with the security requirements at the same time.

42nd taxi drivers shall fulfil the following obligations:

(A) to participate in security training;

(B) when being violated, made a report to the public security organs in a timely manner, and to report to the respective operators;

(C) identify criminal suspects in time to report to the public security organs;

    (D) assist the public security organs conducted investigation and evidence gathering, accept police security checks.

Article 43rd taxi drivers shall not be any of the following acts:

(A) imposed on passengers illegal and criminal activities;

(B) on the illegal and criminal activities that occur inside the car does not report or knowingly illegal and criminal activities and provide conditions;

(B) use taxis take part in illegal rallies, processions, demonstrations and affray;

    (C) the use of taxis carrying prohibited items and flammable, explosive and other dangerous goods.

    The seventh chapter legal liability

The 44th article violates these rules, any of the following acts, the municipal transportation agency ordered the taxi company to correct within, and a warning or fined a maximum of 100 Yuan and 500 Yuan:

(A) the taxi is not printing company name in accordance with regulations and supervision;

    (B) the taxi driver does not permit operations in accordance with the provisions, placed in accordance with the provisions of service supervision card.

45th article violates these rules, any of the following acts, the municipal transportation agency ordered the taxi company to correct within, and fined a maximum of between 1000 and 500 yuan in serious cases, suspension of taxi 3-5:

(A) is not qualified as a road transport industry engaged in taxi business;

(B) the qualification held by the taxi drivers and the drive does not match the model;

(C) deliberate occlusion, damage, move in-car cameras;

(D) intentionally bypass, refuse or inducing a person to take;

(V) do not use the meter in accordance with regulations;

    (Vi) do not accept or run away from road transport inspection by law enforcement officials.

46th article violates these rules, any of the following acts, the municipal transportation agency ordered the taxi company to correct within and between 2000 and 1000 Yuan fine; the circumstances are serious, stop the taxi 5-10 date:

(A) no longer possess the required operating conditions, continued to engage in business activities;

(B) employ personnel engaged in taxi business without corresponding qualification certificate;

(C) according to the provisions for annual testing and assessment;

(D) not required maintenance of vehicles;

    (E) is not required to establish vehicle technical management system.

47th article violates these rules, any of the following acts, the municipal transportation agency ordered the taxi company to correct within, and fined a maximum of between 5000 and 3000 Yuan in serious cases, revoked business licenses or road transport road transport certificates:

(A) implementation of contract management, in accordance with the provisions of contract management contracts with the taxi driver;

(B) the alteration, transfer, lease of road transport road transport business license or permit;

(C) failing to organize training for taxi drivers, professional ethics and safety education;

(D) to deception, threat, violence and other means to attract tourists, forcing passengers, stop or fare increases;

(E) in accordance with stipulations set or tampered with the meter and other service facilities;

(Vi) not according to State-run regulatory requirements or provide services commitment to quality of service;

    (VII) taxis subcontracted to others.

48th article violates these rules, any of the following acts, the municipal transportation agency ordered the taxi company to correct within, and fined a maximum of between 10000 and 5000 Yuan Yuan:

(A) management, resulted in the use of taxis to disrupt social order, preventing normal operation;

(B) a malignant service quality event occurs;

(C) the organization or lead to affect public order, outage events that harm the public interest;

(D) prejudice the legitimate interests taxi driver, resulting in serious consequences or lead to substantial petition events;

    (E) the death occurred more than 3 traffic accident or the principal and bear the same responsibilities.

49th article violates these rules, any of the following acts, the municipal transportation agency ordered to stop operating, has illegally obtained, confiscation of illegal gains, illegal income above twice times 6 times less than fine; no illegal income or the illegal income is less than 10000 Yuan, more than 10000 30000 Yuan fine.

(A) without a taxi license, engage in the taxi;

    (B) fail, forged, altered, cancelled the taxi engaged in taxi business operating license is not valid.

    50th taxi driver's violation of article 29th of this approach (a), and (iii), (v), (vi), (VII), (IX), (x), (18) provided by the municipal transportation administration agency warnings, and to a fine of less than 100 Yuan more than 1000 Yuan.

    51st taxi company violates these measures the 40th paragraph (a) or (d) the provision by the public security authorities imposed a fine of more than 5000 10000 Yuan fines; serious cases, to order the rectification, with taxi firms fined a maximum of 1000 Yuan more than 3000 of the legal representative.

52nd taxi drivers disobey the 42nd paragraph (d) or the 43rd article (b) the provision, by the public security organ shall be ordered to correct, and a fine of 500 Yuan and 3000 Yuan fine.

    Taxi drivers disobey the 43rd article (a) the provision, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security penalty case constitutes a crime, criminal responsibility shall be investigated according to law.

    53rd taxi companies, drivers and passengers contrary to industry and commerce, taxation, pricing, human resources and social security, quality and technical supervision administration of laws, regulations, and processed by the competent authorities according to law constitutes a crime, criminal responsibility shall be investigated according to law. 54th party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    If no application for administrative reconsideration or bring an administrative suit, nor performs the decision of administrative penalty, made the executive decision of administrative penalty apply to a people's Court for compulsory execution.

55th transportation authorities, transit agencies and their staff as one of the following acts shall be given administrative sanctions, to constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) not complying with the statutory conditions, procedures and time limit for the implementation of administrative licensing;

(B) participation in or disguised in the taxi business;

(C) found the violations do not promptly investigated;

(D) is not required to accept, handling of complaints;

(E) illegally detained a taxi or vehicle operating permit;

(Vi) are not required by law to impose administrative penalties;

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

    (VIII) other acts in violation of laws and regulations.

    The eighth chapter supplementary articles 56th article of the rules take effect on July 1, 2014.