Chongqing Automobile Lease Management

Original Language Title: 重庆市汽车租赁管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399412.shtml

Chongqing automobile lease management

    (January 2, 2014 City Government 33rd times Executive Conference through January 13, 2014 Chongqing Government makes No. 276, announced since March 1, 2014 up purposes) first article for specification car rental behavior, maintenance car rental market order, protection rental parties party lawful rights and interests of, guarantees social public security, promote car rental industry health development, according to Chongqing Road Transport Management Ordinance and about legal, and regulations, combined this city actual, developed this approach.

Second car rental business activities within the administrative area of the city, supervision and management of the application of this approach.

Car rental in these measures refers to rental operators within the agreed time, rental cars deliver the lessee to use and charge a leasing fee, and does not offer driver services operation.

    Cars in these measures, including the motor vehicle type terms and definitions contained in the passenger car, truck, etc.

Article on traffic management departments in charge of the city car rental; district (County) responsible for the administration of the transportation departments of car rental management; the Transportation Department is a member of the road transport authorities are responsible for the management work within the administrative area of car rental.

Law and order in public security organs shall take on car rental operators management and vehicle registration, guidance, supervision and car rental operators establish and improve internal security system, the lessee of the identification and registration system, and urge them to improve security measures.

    Industrial and commercial administrative departments shall, in accordance with the responsibility to car rental business registration management.

IV road transport management body shall establish a car rental service and management information systems, implementation of information management on the leasing industry for the community to provide information services to the public, and share management information with public security, industrial and commercial sectors.

    Transportation, public security, industry and Commerce departments should strengthen law enforcement cooperation, open communication channels, and effectively guard against and punishing the use of rental vehicles for all types of criminal activities.

The fifth car rental operators shall operate, quality service, honest and trustworthy, fair competition. 

    Car rental operators are encouraged to implement large-scale, intensive and network management. Sixth encourages self-discipline in car rental industry.

    Car rental industry organizations should establish self-discipline systems and service standards, guide the business of car rental operators, improving the quality of leasing services, protect legal rights of rental operators.

Article seventh car rental managers should within 30th of obtaining the business license, legal representative or responsible person, business location, business organization, vehicles to the area counties (autonomous counties) road transport authority record.

    Changes in the matters prescribed in the preceding paragraph, shall, within the changed date of 15th, will inform the original filing of the road transport authority.

Eighth in small passenger car lease business shall comply with the following conditions:

(A) business license;

(B) more than 20 vehicles in line with national standards and inspection of their own small bus;

(C) rental vehicle insurance procedures in place;

(D) its business office space, parking places;

(E) appropriate business, managers;

    (Vi) have a sound safety management systems and quality of service guarantees.

Nineth small bus routes operating lease shall be made to the counties in the region (County) road transport administration application, and submit the following materials:

(A) of Chongqing's small passenger car leasing application form;

(B) copies of business licenses, corporate code certificate;

(C) the legal representative or responsible person identification;

(D) premises and car park land property rights or other legal proof of rental of more than 1 year;

(E) business organization, management systems, business rules, the safety management system;

(Vi) whether the vehicle driving license or acquisition of an undertaking.

    Application is received, road transport management body shall, in accordance with the provisions of the regulations on road transport, Chongqing is reviewed.

    Tenth in small passenger car leasing, lease for rental of vehicles shall be in operation within the 15th day before the motor vehicle driving license, proof of vehicle insurance to the seat of district (County) road transport management agency for rental vehicles for the record, for a rental car for the record card.

11th rental car rental operators with more than 9 seats (not including 9) for passenger cars, and only leased to the lessee for more than half a year fixing cars.

    Lessee shall not lease with more than 9 seats (No 9) passenger cars used for the other use of the unit other than for personal use.

12th car rental operators shall comply with the following provisions:

(A) in premises prominently express services, fees, car rental process and supervision;

(B) in accordance with the provisions of the safety inspection and maintenance of vehicles;

(C) establish a safety responsibility system, primary responsibility for security;

(D) the establishment of a security system, implement security measures;

(E) the establishment of rental management and fleet management the archives and submit required information management data;

(F) other relevant provisions of the State and this municipality.

    Car rental operators of small bus rental, minibus rental vehicle registration certificate should also be lessee onboard. The 13th car rental operators shall sign written lease contracts with lessees agreed.

Contracts shall contain the vehicle use, the term of the lease, leasing fees and method of payment, vehicle transfer, security, maintenance and repair of vehicles, vehicle insurance, risk, breach of contract and dispute resolution provisions.

    Car rental contract demonstration text of Chongqing Municipal departments of transportation, the municipal administration for industry and commerce, in conjunction with car rental industry organizations.

14th when signing a lease, car rental operator shall verify and register the lessee the following information:

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

(B) legal persons or other organizations leasing, 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.

Car rental operator shall, in accordance with the public security organs of public security administration requested to submit information on lessee.

    Car rental operator to the tenant's information security measures should be taken, and no external leaks.

    15th car rental operators found the lessee leased vehicles engaged in illegal and criminal activities such as illegal trading has the right to refuse or cease to perform the lease contract signed and reported to the authorities in a timely manner.

16th car rental operators shall not be any of the following acts:

(A) provided to the lessee driver services;

(B) along the range Rover rental;

(C) knowing that the lessee leased vehicles engaged in road transport operations, providing rental vehicle to the lessee;

(D) the use of rental vehicles engaged in road transport operations;

    (E) other behaviors prohibited by laws and regulations.

17th rental vehicle shall comply with the following requirements:

(A) vehicle license registration name of the owner and operator of car rental agreement;

(B) motor vehicles used in accordance with the provisions of the public security organs to be registered as lease;

(C) in accordance with the national provisions of the insurance;

(D) the vehicle positioning device is installed;

(E) technology is in good condition, in line with the conditions for safe operation;

    (F) the vehicle is equipped with an effective fire-fighting equipment, first aid kits, failure warning signs.

18th the lessee shall comply with the following provisions:

(A) provide information about legal, real and effective;

(B) rental vehicle shall not be referred to without the appropriate qualified personnel;

(C) not to mortgage, sell or sublet the leased vehicles;

(D) shall not use leased vehicles engaged in road transport operators;

(E) the leased vehicles must not be used for other illegal and criminal activities.

    Tenant leasing smaller passenger cars should also be onboard compact car rental vehicle registration certificate. 19th the lessee of the vehicle during the lease term due to its faults should be a traffic offence, traffic accidents caused by tenant behavior and other rental vehicles were impounded shall bear responsibility for the consequences.

Otherwise provided by laws and regulations, from its provisions.

    Car rental operators on traffic accidents is at fault, the violator shall bear corresponding liability.

    20th road transportation management agencies annual car rental operators of safe production, management, quality of service, management level and social responsibility for safety and service quality assessment and evaluation results known to the public, subject to public supervision.

21st car rental operators have one of the following circumstances, annual evaluation failed:

(A) the serious production safety accidents occur, were identified as the accident according to law;

(B) there are serious security violations, by the public security organs dealt with according to law;

(C) there are significant illegal business, authorities are dealt with according to law;

(D) premises, equipment and facilities, leasing vehicles is not subject to this regulation, is treated according to law is not correct;

(E) business services not subject to this regulation, be dealt with according to law is still not correct.

    Fail to pass the annual examination, in accordance with the relevant provisions of the regulations on road transport in Chongqing for processing.

22nd the Transportation Department and road transport authority should be established, reporting system, public telephone, mailing address or email address, complaints or information. Responsible for traffic or road transport management authority to accept reports or complaints should be dealt with in the 15th, and to respond to complaints, whistleblower.

    Complex and should be dealt with in the 30 and reply.

23rd violates these measures stipulated in the seventh, 12th and 17th, car rental operators have one of the following acts, by the road transport authorities a rectification; fails to mend, fined a maximum of between 1000 and 500 Yuan RMB:

(A) do not operate in accordance with the provisions of the record;

(B) is not in the business place prominently express services, fees, car rental process and supervision;

(C) rent out small bus minibus rental vehicle registration certificate is not onboard of the lessee;

(D) lease management and fleet management the archives has not been established or is not required to submit management data and information;

    (E) rental vehicle positioning device is not installed.

    24th article violates this way 11th section, illegal rental car rental operators with more than 9 seats (not including 9) of passenger cars, by the road transport authority fined a maximum of between 10000 and 5000 Yuan.

    25th disobey article 13th, car rental operators not complying with the requirements and the lessee signed a lease contract, by the road transport Administration Department fined 200 Yuan and 500 Yuan.

26th article violates this way 14th section, car rental operators have one of the following acts, by the public security organs in a warning, and may be fined a maximum of 200 Yuan and 500 Yuan:

(A) not registered tenant check and truthfully related information;

    (B) is not submitted to the lessee the relevant information as and when required.

    27th transport, public security, industrial and commercial sectors in the management of staff in the car rental business negligence, abuse of power, favoritism, given administrative sanctions according to law; a suspected crime, judicial organs according to law.

28th the Chongqing Road transport regulations on offences have penalties car rental management, from its provisions.

    This regulation administrative penalties imposed by the road transport authority, the implementation of comprehensive administrative enforcement of traffic, by traffic administrative law enforcement agencies responsible for its implementation.

    29th before the implementation of these measures has been engaged in the car rental business, shall, within 180 days from the date of implementation of this approach, in accordance with the provisions of relevant procedures in these measures. 30th article this way come into force on March 1, 2014.