Qiqihar City Taxi Management

Original Language Title: 齐齐哈尔市市区客运出租汽车管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201310/20131000392295.shtml

Qiqihar city taxi management

    (April 1, 2013, Qiqihar city, the 15th session of the Standing Committee of the people's Government of the 11th review through July 8, 2013, Qiqihar city, the people's Government of the 2nd release from August 8, 2013) Chapter I General provisions

    First in order to regulate the taxi business service, improve service quality, maintaining the lawful rights and interests of passengers, operators and drivers, in accordance with the People's Republic of China administrative licensing law of the road transport regulation in Heilongjiang province and other related laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies to taxi services in the city and its supervisory activities.

    Urban areas in these measures, refers to the Lonza, and tie feng, Jian Hua, fulaerji, Lianzishan, melies, angangxi win seven districts.

    Taxi in these measures in article, refers to their qualification as operating according to passengers willing to provide passenger services and small passenger cars with mileage, time billing.

    Fourth taxi business management follow the scientific planning, principles of orderly, safe operation, convenient to the masses.

    Article fifth quality taxi industry credit appraisal system, corporate management, employee management, and actively constructing harmonious labor relations.

    Operators and pilots shall operate, fair play, integrity of civilization, quality service.

    Sixth of municipal traffic Administrative Department is responsible for the management of the city's taxi business, road transport management body to which it belongs is in charge imposed on taxi management.

    Seventh public security, development, finance, trade and industry, price, quality, safety and society, environmental protection, monitoring and other departments according to their respective duties, is responsible for the management of taxi-related.

    Chapter II franchise The eighth Government franchise taxi system.

    Engaged in the taxi business, taxi franchises should be made. Taxi franchise term shall not exceed eight years.

    Unpaid by the Government after the expiry of the franchise back.

    The Nineth taxi development planning, capacity launch plans and operational adjustments to the scope of programmes in the region, the Department of transportation administration made under the present situation of economic and social development, submitted to the municipal people's Government for approval.

    Transport passenger taxi administrative departments shall, in accordance with the development plan, in consultation with the various sectors of the community and after full argument, developing franchises to sell programmes, implement after approval in accordance with the relevant provisions.

    Tenth franchises to sell programmes should include the following elements:

    (A) taxi delivery number;

    (B) transfer and transfer pricing;

    (C) the term of operation and requirements;

    (D) operational requirements and the qualification of bidders, and more.

    11th franchise launch follow total control, supply and demand balance, the principle of compensation for the use, transfer in the following ways:

    (A) the open, fair and impartial, with quality of service as the main bid bidding granted to the winning bidder.

    (B) during the term of the franchise, as AAA grade in quality assessment results every year, corporate management, employee management, and business conditions are in accordance with standards prescribed by the Administrative Department of transportation-related operators, operating period, approved by the Department of transportation Administration submitted to the municipal people's Government, can grant the franchise to the operator again.

    12th after obtaining the taxi franchise operator, shall, within the prescribed period of franchise contract with the road transport authorities, and registration formalities according to law.

    Article 13th franchise should be made within three months after the administration of road transportation agency for passenger taxi licenses, according to the franchising contract agreed to improve business conditions and put into operation. 14th requires an operator out of business or out of business, shall, before closing on 30th, 7th before the closure within the original approved road transport authority and the original registration formalities as the Administrative Department for industry and commerce.

    Closed or temporary closed for a period not exceeding three months.

    15th taxi franchise shall not be transferable.

    Article 16th in the franchise period, termination of the contract shall be 90 days in advance apply in writing to the road transport authorities, road transport management body should be made from the date of receipt of the application within the 30th agree or disagree with the decision.

    Approved to terminate the operating contract of, road transport authority should recover its franchise, and the financial sector, the rest of the right age, right to the return of the discount leasing.

    Article 17th, one of the following circumstances, road transport management body shall be approved by the municipal people's Government to terminate franchise contracts back taxi franchises:

    (A) the fake taxi information such as proof of qualification, obtained by fraud, bribery or other improper means the franchise;

    (B) for three consecutive years failed to pass the quality assessment;

    (C) to the driver and illegal fund raising of the public;

    (D) lease or transfer taxi franchise;

    (E) the vehicle anchored, a one-time buyout means taxi franchise resale;

    (F) subcontracting, subcontracting for commercial vehicles;

    (G) the violation charge, save or use of pilot margin;

    (VIII) other circumstances that should get back the franchise.

    Operators of franchises was withdrawn, road transport management body shall be revoked the taxi operator's certificate, and inform the Administrative Department for industry and commerce. Article 18th, one of the following circumstances, and not by road transport management agency ordered corrective action, considered giving up the franchise.

    Road transport management body shall be approved by the municipal people's Government to terminate franchise contracts back taxi franchises:

    (A) after obtaining the franchise, exceeding the prescribed period without taxi operating licenses and put into operation;

    (B) the business or go out of business in excess of the prescribed deadline.

    Article 19th made of the expiry of the franchise, franchise contracts is lifted.

    20th exit vehicles should operate in accordance with the relevant provisions of article change body color, clear the private flag, dismantling facilities and road transport authority for examination and approval, before to the public security authorities for alteration registration procedures.

    Chapter III operation management

    Section I General provisions

    Taxi of the 21st article of the city to establish a unified information service and management platform, taxi services, intelligent traffic management systems, and management information data into.

    22nd road transport authorities should improve the operators and pilots credit evaluation system development of taxi industry standards and norms of management, quality of service, building operators and drivers ' business credit file. Road transportation management agencies should be on the operators and pilots operating in compliance, safety, quality of service, labor and social security, employee management, and financial management or other aspects of the assessment and scoring.

    Assessment and scoring results as operator, pilot service quality evaluation based on credited to the operator and driver's business credit file, and as a franchise right, extension of the arrangement.

    Operator's reputation for quality evaluation and scoring driver management approach by the City Department of transportation administration in accordance with the relevant provisions of the State.

    23rd the following locations should be to plan and set up hospitality site, or the taxi stops and set clear signs:

    (A) airport, train station, bus station, ferry terminal, scenic areas, large shopping malls, hotels, universities, residential areas, hospitals, institutions, restaurants, places of entertainment, and has greater demands on passenger service;

    (B) the passenger transportation needs of the city's main roads and downtown;

    (Iii) other places should set the taxi stops.

    Taxi hospitality sites and stop setting, by the public security organs and relevant departments in collaboration with the Department of transportation administration under planning and road traffic shall be organized and implemented. 24th taxi should be in a dedicated waiting area or temporary docking passengers up and down the dock site.

    Without setting a private waiting area and temporary docking sites for other road, taxi in accordance with do not affect the principles of traffic and passenger convenience, selecting roadside safety location temporarily docked, passengers.

    25th of the related administration should focus on taxi management hospitality site, planning field management facilities, development of relevant management standard and full-time staff maintaining the order of travel.

    Section II operators

    26th taxi operators should comply with national laws and regulations, compliance with the taxi business standards and norms, accept the road transport authorities and relevant departments of management, monitoring, inspection and operational guidance, and compliance with the following provisions:

    (A) in accordance with the relevant provisions of the road transport authorities employ taxi drivers, according to law instead of an employment contract or work contract, specify the rights and obligations of both parties; (B) measures to conscientiously implement the safety system to ensure safety in compliance with national standards.

    Develop and implement vehicle inspections, driver management, safe driving and standardized service system, building assessment system in the driver's service quality, safety, and will assess the situation in the road transport authorities for filing;

    (C) the full-time GPS Manager on duty for 24 hours, to monitor the driver's mobile phone management;

    (D) establish a rational driver shift system to avoid focus shifts during peak periods; (E) a strict financial management system, and pay taxes according to law.

    By price administrative departments approved standard public fees and charges, effective instruments placed on the drivers of the tax authorities in a timely manner;

    (F) in accordance with the regulations applicable carrier's liability insurance, vehicle theft and robbery insurance, vehicle insurance, spontaneous combustion motor vehicle third party liability compulsory insurance and third party liability insurance;

    (G) the complete emergency rescue, disaster relief and other special Government task orders;

    (H) in accordance with the laws, rules and regulations and franchise contracts should comply with other matters.

    27th operating certificates, special signs, a dedicated facility is lost or damaged, the operator shall report to the road transport authorities within 24 hours and apply for a replacement, road transport management body shall verify within three working days.

    28th business operators shall bear the taxi business service subject liability and business risk and shall not engage in the following acts:

    (A) to the driver and people's illegal fund-raising;

    (B) the lease or transfer taxi franchises;

    (C) vehicle anchored, a one-time buyout means taxi franchise resale;

    (D) the subcontracting, subcontracting for commercial vehicles;

    (V) breach charge, save or use the driver's operating margin;

    (Vi) other drivers and others to pass on responsibility and risk behavior.

    Section III vehicles

    29th taxi in addition to the interest of public security, environmental protection, transportation and other related administrative departments on uniform provisions for motor vehicles shall also comply with the following requirements:

    (A) use the term model, unified color car flag is set, door signs, marker lamps, operating license and service supervision card, price labels, meter, empty signs, monitoring equipment and seat cover, or other special equipment and facilities;

    (B) in accordance with the regulations for operating vehicle technical inspection, vehicle technical performance requirements;

    (C) the vehicle appearance looks neat, good health, safety, fire-fighting facilities in good condition, inside and outside the car-free ads;

    (D) other conditions stipulated in the franchise contract.

    30th is forbidden to vehicles without taxi franchises set up taxi colors and working of the mark.

    31st taxi run has been put into any of the following circumstances, shall stop operations:

    (A) without fail to pass the technical inspection or examination of the inspection bodies;

    (B) fails to function improperly or having other accidents;

    (C) the meter is damaged or is not working properly;

    (D) the facilities of serious damage, dirt should not be carried in the car;

    (E) licences and illegible, to identify the operating licence, operations signs.

    Fourth quarter drivers Article 32nd exercise total control over taxi drivers.

    By the road transport authority insisted on compulsory and merit principles that can be recorded, in accordance with the proportion of total taxi 1:3, build a taxi driver's human resources database.

    Taxi driver entry pool shall meet the following conditions:

    (A) has the city, Qiqihar city, permanent residence or temporary residence permit;

    (B) the corresponding motor vehicle driver's license for more than three years without major more than equivalent responsibility and accident record;

    (C) upon passing the examination and obtained taxi driver qualification card;

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

    Taxi businesses should hire drivers in the driver pool.

    33rd drivers exit the taxi service, the operator shall apply to the administration of road transportation for cancellation of pilot qualification procedures related to.

    The 34th when operational services, taxi driver, shall comply with the following requirements:

    (A) to abide by the national public security, transportation and management of taxi-related laws, regulations, rules and regulations;

    (B) approving operations in the region, not more scope;

    (C) carry vehicle operation card, driver qualification, and my service supervision card placed in the specified location; (D) appearance and clothing clean, civilized language, enthusiastic, polite.

    Passengers requiring the use of air conditioning, stereo bus while passenger facilities, smoking is not, correct use of vehicle-mounted intercom equipment; (E) to be displayed when you take "for hire" sign, turn on lights at night.

    Without good reason shall not refuse passengers; (F) the correct use of standards by legal metrological verification body meter.

    Ceased immediately after the meter is damaged, repaired to the standards of legal metrological verification institution before the operation;

    (G) according to the prices approved by the Administrative Department of standard prices, settlement costs, use notes;

    (H) the passenger shall not terminate the service or replacement vehicles;

    (I) without the consent of passengers, shall not be equipped with others; (J) in accordance with the requirements of passengers routes. Passengers did not request, select recent locations specified by the passengers route.

    For some reason when absolutely necessary to bypass, explained the situation to the passengers, with the consent of the passengers agreed to;

    (11) rejected an offer from passengers in contravention of the road traffic safety laws and regulations and the requirements of this regulation, and the reasons why;

    (12) the taxi is not used to facilitate the offenders, persons found engaged in illegal and criminal activities, timely report to public security departments;

    (13) may use taxi take part in illegal rallies, processions, demonstrations and affray and other illegal and criminal activities;

    (14) passengers were found lost items should be returned to its owner in a timely manner, or first time reported to the relevant authorities;

    (15) the acceptance of road transport management and checking of the relevant departments, subject to car park (station) management, and consciously safeguard the operation order;

    (16) to ensure normal operation of data acquisition system for operational service, and follow the road transport Administration Department provides timely and relevant data and information;

    (17) the contract shall be subject to other matters.

    35th under any of the following circumstances, as taxi drivers refusing hire:

    (A) vehicles on "empty" after a for rent sign and passengers signalled to stop, you can't carry passengers;

    (B) the vehicle open "for hire" sign was for rent, bus stops or roadside waiting for customers and does not carry passengers;

    (C) during operation of picking passengers;

    (D) agreed to interrupt, termination service carrying passengers without passengers.

    The fifth passenger

    Article 36th bus passengers should civilization, and to comply with the following requirements:

    (A) shall not be damaged facilities, maintenance interior cleaning, smoking is not, not to throw debris outside the car;

    (B) not carry inflammable, explosive, poisonous, corrosive, radioactive and other dangerous items or more compartments, luggage compartment volume, load and other items that affect driving safety;

    (C) the intoxicated persons, the mentally ill, unable to fully identify or control themselves under the supervision of a person under disability shall not be without bus, preschool-age children should be accompanied by an adult;

    (Iv) you may not forbid sections to attract taxi and drivers violating traffic regulations traffic, parking shall not be required;

    (E) pay the hire charge includes the meter rates and fuel surcharges or the amount calculated in accordance with the Charter;

    (F) pay the driver informed of parking lots and roads, bridges, ferries and other related costs;

    (G) provisions shall comply with laws, rules and regulations of other matters.

    Passengers in contravention of this section (a) to (d) the provision or other unlawful requirement and wrongdoing, taxi driver may refuse to provide transportation services.

    37th when one of the passengers in the following cases, you can refuse to pay the fare:

    (A) by vehicles not required to be installed the meter, drivers are not required to use the meter or meter is not clear;

    (B) the driver is not charged at the standard or not effective taxi payment instruments;

    (C) take the vehicle in traffic accidents or malfunctions within the starting mileage to complete delivery service;

    (D) the driver operating the way without undue interruption, termination of service or replacement of vehicles;

    (E) without the consent of passengers forced the driver of carrying other passengers, or passengers agree to without prior agreement of carrying other passengers fare payment and settlement.

    Fourth chapter service supervision

    Article 38th Administrative Department for transport and the road transport authorities should strengthen supervision and inspection of taxi operation, promptly investigate and suppress acts of disturbing the order of taxi market.

    Road transportation management agencies and law enforcement personnel should be in strict accordance with statutory authority and procedures for the supervision and inspection.

    39th passengers think the driver violated the legitimate rights and interests, is entitled to complain to the relevant administrative departments or enterprises where the driver. Transportation price, quality supervision, industry and commerce, and other related administrative departments and taxi companies shall set up a complaint handling mechanism, to report to the public locations and telephone numbers, is equipped with special responsibility for receiving reports and complaints. For receiving reports, complaints shall be processed within ten working days from the date of acceptance.

    Complaints outside the mandate of the Department, should be accepted and forwarded to the responsible Department in a timely manner. Taxi company directly accept complaints for which surrender or acceptance of other departments, should give the complainant to reply within three working days.

    Not competent to deal with the complaint, and shall promptly report to the relevant administrative departments.

    Driver complaints in the operation and by the relevant administrative department after filing, their managers shall, within two working days, accompanied by a party to the relevant administrative departments under investigation.

    40th passenger complaints should provide the following:

    (A) the complainant of identity, telephone number, travel notes;

    (B) taxi licences by complaints, the respondent's name or name of the taxi;

    (C) complaints and requests. 41st of passengers on taxi meter disagrees with the validity, accuracy, required to check the legal metrological verification institution, the complainants road transport management and complainants are required to pay the appropriate amount of security deposit.

    Check after the take fares, meter testing fees and taxi costs such as delays, according to the verification conclusion, borne by the responsible party. 42nd taxi drivers of their rights had been violated during the operation process, you can ask the police for help.

    Public security organs shall promptly dispose of police, rescue, and within ten working days after receiving the report to process.

    43rd report has not obtained the right to operate taxi and taxi licences, unlawfully engaged in the business of charging passengers vehicles, road transport management Department to verify after the investigation, giving rewards to informants.

    The fifth chapter legal liability

    44th acts in violation of these rules should be punished by other authority, pursuant to relevant laws, regulations and rules by the relevant authorities provide for punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    45th article violates these rules, not taxi taxi franchise operation, managed by the Road Transport Department be ordered to stop trading, and illegal income shall be confiscated, and a fine of 5000 to 10000 Yuan fine.

    46th article violates these rules, establishes non-passenger taxi taxi operation identification, rectification by road transportation management agencies and impose a fine of 3000 Yuan.

    47th in violation of this regulation, operators ' failure to provide insurance for vehicles from road transport authority rectification; correction occurs before the accident, operators should assume responsibility for their insurance-the same amount of economic compensation.

    48th article violates these rules, employing driving taxi without qualification personnel engaged in business activities, the road transport authority shall order rectification, with operators of 1000 to 3000 Yuan fine.

    49th article violates these rules, taxi without inspection institutions to conduct technical inspections or testing of qualified business, by the road transport authority ordered to halt or rectify, and 500 Yuan to 1000 Yuan fine for the operators each time.

    50th article violates these rules, appearance of taxi operators, facilities, health of nonconformance, rectification by road transportation management agencies, and a fine of 100 Yuan to 300 yuan for the operators each time.

    The 51st article violates these rules, drivers have one of the following circumstances, the road transport authority shall order rectification, and a fine of 500 to 1000 Yuan fine:

    (A) the driver exceed the approved regional operations;

    (B) do not carry when allowing passengers boarding sections and flag down, refused to transport passengers for rent;

    (C) does not use the meter, the meter cheated or not, passenger taxi fares;

    (D) the interrupt service without good reason;

    (E) without the consent of passengers, forced carries the same of others;

    (F) without the consent of passengers bypass road.

    52nd in violation of these rules, drivers have one of the following circumstances, the road transport authority shall order rectification, and a fine of 100 Yuan to 300 yuan a fine:

    (A) is not required to carry the vehicle operator's certificate, qualification, service supervision card;

    (B) operating in hospitality sites violate order, and are not subject to management;

    (C) operating in the dressing not standard, grooming is not clean and the language of civilization;

    (D) uncivil or driving to spit on the ground, to litter outside the car;

    (E) vehicle intercom talk about gossip, profanity;

    (Vi) smoking in the car or call while driving, talking on the phone;

    (VII) without permission, posting advertising in and outside the body;

    (H) stop, baffle plate, of violations of traffic safety.

    53rd in violation of these rules, pilots taxi to facilitate the offenders, participating in an illegal Assembly, marches and demonstrations and affray, criminal activity or possession of the passengers lost items, by the public security organs according to law.

    54th article violates these rules, due to fault of the driver and the passenger bodily injury or damage to vehicles, facilities, the person responsible shall bear the liability constitutes a crime, and bear the corresponding legal responsibility.

    55th in violation of this regulation, relevant laws and regulations may suspend a vehicle, road transport management agency may seize the vehicle, ordered to accept the deadline the party fails to take care of the road transport authorities can make a decision of administrative penalty according to law; fulfill administrative punishment decision, road transport management should return the seized vehicles and equipment.

    56th party not satisfied with the administrative penalty, may apply for administrative reconsideration or bring an administrative suit the party fails to apply for reconsideration, or carry out administrative punishment decision not to prosecute, make a decision of administrative authorities shall apply to the people's Court for compulsory execution.

    57th transportation management and road transport authorities and other relevant administrative department personnel of any of the following acts shall be given administrative sanctions caused economic losses, shall bear the compensation liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) are in accordance with the statutory conditions, procedures and time limit for the implementation of administrative licensing;

    (B) participating in disguise, to engage in illegal business activities, interfere with normal business activities;

    (C) the unlawful imposition of administrative penalty or detain vehicles, charge Act;

    (D) engages, dereliction of duty, graft or other damage passenger rental business operators, drivers and passengers to the legitimate rights and interests;

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

    The sixth chapter supplementary articles

    58th article this approach by the Qiqihar municipal people's Government is responsible for the interpretation.

    59th district (town) people's Government according to national, provincial, municipal regulations, combined with local conditions, their own respective administrative areas of taxi management, guidance and follow their road transportation management agencies. 60th these measures shall come into force on August 8, 2013. On April 25, 1988, Qiqihar city, the people's Government of the provisional regulations on taxi management (qi Zheng [1988]37) repealed simultaneously.