Chongqing Municipal People's Government On The Revision Of The Interim Measures Of Chongqing Taxi Management Decisions

Original Language Title: 重庆市人民政府关于修改《重庆市出租汽车客运管理暂行办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388806.shtml

Chongqing Municipal People's Government on the revision of the interim measures of Chongqing taxi management decisions

    (April 9, 2013 Chongqing Municipal People's Government at the 6th Executive meeting on April 11, 2013, Chongqing Municipal People's Government announced order No. 271, come into force on May 1, 2013), taxi, the Chongqing Municipal People's Government decided to interim measures for the administration of the following changes:

    A, delete rules in the name of "provisional".

    In the second, the fourth paragraph of article "labour" is amended as "human security". Third, sixth paragraph is amended as: "in the main urban areas both within and outside the main city taxi franchise, respectively, by the city and local district (County) Government can improve the preceding paragraph (a) the conditions laid down.

    ” Four, delete article eighth of "auction" and "bidder"; one paragraph is added as a fourth paragraph: "the municipal traffic Administrative Department shall formulate the security quality of service as the main conditions of tender, agreement to sell options.

    ” Five article Nineth, amended to read: "city taxi franchise index put on the programme formulated by the municipal traffic administrative departments, in conjunction with the relevant departments, submitted to the municipal people's Government approved outside the main city district (County) taxi franchise index put on from the district (County) Government developed, submitted to the municipal people's Government. One paragraph is added as the second paragraph: "indicators on the right to launch new taxi franchising programme shall hold a hearing.

    ”

    Six, deletes Article tenth of the "auction".

    Seven, 11th in "taxi operation rights certificate" is amended as "taxi franchise index"; in the second paragraph "with the conditions specified in article sixth."

    Eight, 12th is revised as follows: "Within the main city taxi franchise targets will be valid for 12 years.

    Taxi franchise validity of indicators other than the main city district (County) shall determine, but shall not exceed locally determined taxi passenger vehicle service life twice. Taxi franchise after the expiration of index recovered by law, put in place to meet the conditions of the enterprise under market demands.

    ”

    Ninth, 13th revised as follows: "Taxi franchise achieved after 3 years ' indicators can be transferred.

    Transfer shall comply with the following provisions:

    (A) meet the requirements of paragraph one of this article sixth transfer targets, shall be transferred in accordance with the first paragraph of article sixth of the enterprise;

    (B) does not comply with the first paragraph of article sixth transfer indicators, you can transfer, or transferred in accordance with the first paragraph of article sixth of the enterprise;

    (C) the taxi transfer index of self-employed households, may be assigned to operate the taxi businesses, can also be transferred to the individual. Transfer shall enter into a written agreement of the parties, and in accordance with the regulations to the road transport authorities go through the relevant formalities.

    Transfer agreement shall set forth the remaining franchise index term, vehicle retirement period, operational risk and liability and so on.

    Taxi franchise achieved through the transfer of indexes, their term for the operating period after subtracting the operating period of the term. Taxi franchise index achieved through the transfer of individuals engaged in the taxi business, should be employed meets the required taxi driver, vehicle and driver safety management system established.

    ”

    Ten, 16th in the "GPS Terminal" amended to read "with facilities such as satellite positioning features of intelligent terminal equipment"; the second paragraph.

    Cheung added, as the 17th:

    "Taxi passenger vehicle has any of the following circumstances shall be compulsory scrapping:

    (A) business taxi life span of up to 6 years in the downtown, outside the main urban area the taxi to meet the local business district (County) stipulated by the people's Government of working life;

    (B) repairs and adjustments remain inconsistent with motor vehicle safety standards on car-related requirements;

    (C) repair and or control technology, atmospheric discharge of pollutants or noise still does not meet the requirements of the national standard for in-use vehicle-related;

    (D) after the expiry of the test 3 consecutive no motor vehicle inspection certificate for motor vehicle inspection cycle. Outside the main urban area taxis operating life span of 6-8 years, specific years by local district (County) people's Government for decision.

    ”

    12, 20th paragraph (c) of the "place" is amended as "express".

    13, 21st in part (c) of the "station" is amended as "on duty of police station or site."

    In article 14, the 24th "call" is amended as "expropriation".

    In addition, under the provisions of this decision on the part number is adjusted accordingly.

    This decision shall take effect on May 1, 2013.

    Chongqing Municipal taxi administration interim measures in accordance with this decision be revised and adjusted, republished.

    Chongqing taxi management 2013 (revised) (December 27, 2007, Chongqing Municipal People's Government order No. 210, released April 9, 2013, Chongqing Municipal People's Government Executive meeting of the 6th review on April 11, 2013, Chongqing Municipal People's Government order No. 271, published as of May 1, 2013, the Chongqing Municipal People's Government to amend the Chongqing taxi decision amendments to interim measures for the Administration)

    Chapter I General provisions

    First to regulate taxi order, improving the quality of taxi services, passengers, operators and pilots the legitimate rights and interests, according to the Chongqing Road transport regulation, these measures are formulated.

    Second, taxi operators, drivers, passengers and the taxi business-relevant units and individuals shall comply with these measures.

    Third taxi franchise.

    Taxi operations should be guided by honesty and trustworthiness, safe operation, standardize services, facilitate the principles of passengers.

    Encourage taxi to implement large-scale, intensive management.

    Fourth municipal traffic administrative departments of the city taxi job, city of its road transport management body responsible for implementation.

    District (County) of traffic Administration Department for taxi work within their respective administrative areas, road transport authority is responsible for its implementation.

    Public security, industry and commerce, quality supervision, planning, construction, finance, prices, services, human security and other relevant administrative departments according to their respective responsibilities, coordinate the implementation of these measures.

    Fifth of municipal traffic administrative departments shall, in accordance with the overall urban planning, the national economic and social development, in conjunction with the planning and construction of public security, Department city and a taxi in the downtown development plan submitted to the municipal people's Government for approval.

    Outside of the main city district (County) of traffic Administrative Department shall, together with the Planning Department to prepare the administration of taxi transport development plan, reported to people's Governments at the same level for approval to implement, and report to the municipal traffic Administration Department for record.

    Outside the main city and the main city of district (County) of taxi transport development plan shall be consistent with the city's taxi transport development planning.

    Chapter II franchise

    Sixth taxi franchise shall meet the following conditions:

    (A) operate in the main city, legally obtained the main city taxi franchise targets 100 per cent; in operations outside of the main city, legally obtained taxi franchise index trading area where more than 10;

    (B) meet the required taxi driver; (C) commensurate with the scale of office space and facilities for hire.

    Sites of others, should have signed a year lease contract;

    (D) management, technical, safety, service quality, financial statistics, labor, labor insurance and other management systems, regulatory agencies and managers.

    In the main urban areas in and outside the main city taxi franchise, respectively, by the city and local district (County) Government can improve the preceding paragraph (a) the conditions laid down. Article seventh put taxi franchise indicators should conform to the taxi passenger transportation planning, keep taxi supply and demand basically balanced.

    Taxi in operating in this region average annual mileage utilization is higher than 60% or based on market needs, should be put in taxi franchise targets.

    Taxi the average mileage utilization by the road transport authorities above the county level and statistics, and in conjunction with the Administrative Department for statistics published regularly.

    Article eighth taxi franchise index should be tendered openly paid delivery.

    Does not have legal tender conditions or because of other special circumstances, a business watchdog agreed and submitted to the municipal people's Government at the same level in order to take agreements put taxi franchise index.

    Bidders, protocols, the assignee shall comply with article sixth of this approach, such as (a) the conditions laid down.

    Municipal traffic Administrative Department shall formulate the security quality of service as the main conditions of tender, agreement to sell options.

    Nineth city taxi franchise index put on the programme formulated by the municipal traffic administrative departments, in conjunction with the relevant departments, submitted to the municipal people's Government approved outside the main city district (County) taxi franchise index put on from the district (County) Government developed, submitted to the municipal people's Government.

    Indicators on the right to launch new taxi franchising programme shall hold a hearing.

    Put on programme content should include the delivery quantity, delivery, accessibility, delivery price, duration, time, etc.

    Tenth article through tender, and agreement, way made taxi passenger franchise right index of operators, in main city business of, should since made index of day up 20th within and city road transport management institutions signed franchise agreement, and received taxi right card; in main city yiwai business of, should since made index of day up 20th within and where area County (autonomous) road transport management institutions signed franchise agreement, and received taxi right card.
Franchising agreement shall include the following information:

    (A) trading area, duration, number of vehicles, type, grade and skill levels;

    (B) business scenarios, quality of service, safety management standards;

    (C) the rights and obligations of both sides;

    (D) the lawful protection of related content;

    (V) liability for breach;

    (F) the dispute;

    (G) other matters that it should be agreed by the parties.

    Made taxi franchise operator of indicator fails to sign the franchise agreement, road transport management body should recover their taxi franchise index.

    Article 11th has made business licenses of taxi taxi franchise targets make people, in accordance with the regulations after the purchase of vehicles, vehicles from the road transport authority to taxi operator. Without taxi franchises of the taxi license index made people to area County (County) road transport authority shall operate to apply for taxi licenses.

    Made in taxi operating licenses, and in accordance with the regulations after the purchase of vehicles, vehicles from the road transport authority to taxi operator. 12th main city taxi franchise targets will be valid for 12 years.

    Taxi franchise validity of indicators other than the main city district (County) shall determine, but shall not exceed locally determined taxi passenger vehicle service life twice.

    Taxi franchise after the expiration of index recovered by law, put in place to meet the conditions of the enterprise under market demands. Article 13th taxi franchise after 3 years ' indicators can be transferred.

    Transfer shall comply with the following provisions:

    (A) meet the requirements of paragraph one of this article sixth transfer targets, shall be transferred in accordance with the first paragraph of article sixth of the enterprise;

    (B) does not comply with the first paragraph of article sixth transfer indicators, you can transfer, or transferred in accordance with the first paragraph of article sixth of the enterprise:

    (C) the taxi transfer index of self-employed households, may be assigned to operate the taxi businesses, can also be transferred to the individual. Transfer shall enter into a written agreement of the parties, and in accordance with the regulations to the road transport authorities go through the relevant formalities.

    Transfer agreement shall set forth the remaining franchise index term, vehicle retirement period, operational risk and liability and so on.

    Taxi franchise achieved through the transfer of indexes, their term for the operating period after subtracting the operating period of the term.

    Taxi franchise index achieved through the transfer of individuals engaged in the taxi business, should be employed meets the required taxi driver, vehicle and driver safety management system established.

    14th taxi franchises change names, domicile, legal representative and so on, should be to the original examination and approval organ for registration formalities.

    Taxi franchise in the term of operation, suspension, termination of taxi operation, should advance to the original examination and approval organ for 30th, approval may be suspended, terminated operations.

    15th taxi franchise index of paid transfer income Government non-tax revenue, government non-tax revenue management system, carry out two lines of income and expenditure management.

    16th taxi passenger vehicle shall conform to the following conditions:

    (A) meet the requirements of the city models, technical level, emissions, environmental requirements, and technical performance of the vehicle in good condition;

    (B), taxi, this color and marking regulations, obvious body parts according to the requirement of the operator name, telephone;

    (C) in accordance with the provisions of installation, configuration, use the car rental Dome light, meter and empty cars for rent signs, special seat covers, authenticity of electronic identification devices, operational data and information collection and transmission system and intelligent terminal equipped with satellite positioning features, facilities and equipment, and maintain sound and effective;

    (D) the vehicle appearance neat, trading symbol intact, card complete;

    (E) new or updated by taxi should be factory new car;

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

    17th taxi passenger vehicle has any of the following circumstances shall be compulsory scrapping:

    (A) business taxi life span of up to 6 years in the downtown, outside the main urban area the taxi to meet the local business district (County) stipulated by the people's Government of working life;

    (B) repairs and adjustments remain inconsistent with motor vehicle safety standards on car-related requirements;

    (C) repair and or control technology, atmospheric discharge of pollutants or noise still does not meet the requirements of the national standard for in-use vehicle-related;

    (D) after the expiry of the test 3 consecutive no motor vehicle inspection certificate for motor vehicle inspection cycle.

    Outside the main urban area taxis operating life span of 6-8 years, specific years by local district (County) people's Government for decision.

    18th taxi drivers shall satisfy the following conditions:

    (A) males age less than 60 years of age, female age not more than 55 years of age;

    (B) junior high school or above education level;

    (C) the corresponding motor vehicle driver's license for more than 3 years and almost 3 years without major above traffic accident;

    (Iv) the operating seat of the regional road transport authorities above the county level examination and obtained taxi qualification certificate.

    Suspension of taxi the driver qualification, within five years from the date of revocation shall not be engaged in taxi service.

    Chapter III operation services

    19th taxi regional operations, may not open empty car lights into other operating areas, shall not act as start and finish at the other operating passenger services in the region.

    Passenger services raised her car, phone book, and the site take, and so on.

    20th taxi concession operators shall comply with the following provisions:

    (A) the competent price administrative departments approved taxi prices, car passenger bills produced by the tax authorities;

    (B) the prescribed period and requested to the road transport authorities to submit statistical reports on the taxi industry, accept the road transport administration of operational information and ticket check;

    (C) is not allowed without qualifications for taxi drivers to engage in operations;

    (D) shall not be stopped without authorization;

    (E) shall not violate the requirements of the road transport administration bodies in and outside the body setting, advertisements and promotional materials;

    (F) shall not be installed in car cameras violate passenger privacy;

    (VII) not during peak commuter travel arrangements for taxi driver's shift;

    (H) the labor contract with the recruits persons in accordance with law, and by law, recruits persons pay social insurance fees.

    Article 21st when taxi drivers in passenger service shall comply with the following requirements:

    (A) neatly, language, courteous hospitality;

    (B) shall not smoke in the car;

    (C) onboard a taxi vehicle operator, taxi, qualification, prominent positions in the car passenger-oriented express service supervision card;

    (D) requested by the passenger vehicles such as with or without air conditioning, stereo equipment and facilities;

    (E) order passengers at the taxi business site;

    (F) in accordance with the rational route or passengers requested routes;

    (G) after passengers hire taxi, non-consent of the passenger shall not contain someone else;

    (H) shall not refuse, dumped in the middle and guest;

    (I) the use of legal metrological verification bodies periodic inspection of the meter;

    (J) the vehicle may not be given to qualifications for taxi drivers-free operation;

    (11) fees set according to the prices approved by the Administrative Department and issue this passenger ticket;

    (12) provide convenient, timely, safe, and comfortable service to passengers;

    (13) for the old, weak, sick, disabled, pregnant, young passengers, priority should be given for vehicles;

    (14) the hire car Dome light night driving should be open; (15) passengers were found in the car of lost property and should be returned promptly.

    Restitution shall be promptly sent to the relevant Department.

    22nd passengers take a taxi shall comply with the following requirements:

    (A) shall not damage vehicle facilities, equipment and operation of signs

    (B) not carrying contraband and inflammable and explosive dangerous goods as well as defaced vehicle items such as;

    (C) to remote areas at night, pilots are required to the nearest police station or should be on duty site for identification;

    (D) the intoxicated persons and mental patients should be supervised by car;

    (E) shall not be required in a no parking place;

    (Vi) shall not affect driver safety driving behavior. For passengers who do not comply with the provisions of the preceding paragraph, taxi drivers can refuse to provide services.

    Passenger fee, passengers should be required to pay.

    Article 23rd passengers in any of the following circumstances, refuse to pay the fare:

    (A) take taxis do not use the meter or the use of substandard meters;

    (B) the driver refuses to issue this passenger ticket;

    (C) without the consent of passengers carrying another person;

    (D) take a taxi fails in the minimum mileage passengers no longer take;

    (E) because taxi drivers causes disruption to the service.

    Article 24th airports, railway stations, ferry terminals, bus stations and other large public places should set up the taxi business site.

    Road transport authority shall, in conjunction with police, municipal departments, such as the site plan and implement.

    25th special tasks such as for rescue and relief work, the people's Governments above the county level may decide to use taxi vehicles, operators, pilots should be subject to.

    Requisitioned vehicles causes direct economic loss to the operator, driver, decided to expropriate people's Government shall give compensation.
Fourth chapter of supervision and inspection

    Article 26th City Transit Executive. Control Department of taxi service quality assessment methods should be developed. Road transport authorities above the county level shall strengthen the supervision and inspection, and regular taxi service quality assessment and evaluation results known to the public. Not qualified operators for evaluation, shall order the rectification.

    Corrective action failed, road transport management body shall cancel franchise agreements with them, cancel its franchise qualification.

    27th road transport authority, taxi operators taxi complaint management system should be established. Road transportation management agencies to accept the complaint, shall be processed within 15 working days from the date of acceptance, and to reply to the complainant.

    Complex should be processed within 30 working days from the date of acceptance, and to reply to the complainant.

    Taxi cab operators shall from the date of complaint within the 7th replies to the complainants. Article 28th of the complainant should provide relevant evidence to assist road transport authority, taxi operators to ascertain the facts.

    The complainant shall not be false.

    A complaint after receiving notice from the road transport authorities in the handling of complaints, shall be specified in the 3rd agency under investigation.

    29th taxi operators and their employees should be under the supervision and inspection of the road transport administration, provide truthful, shall not refuse supervision and inspection.

    30th traffic administrative law enforcement personnel to conduct law enforcement activities, should be required to wear, wear marks, and administrative law enforcement documents show.

    The fifth chapter legal liability

    31st traffic administrative departments, road transport management and other management staff while on duty, one of the following acts, by their work units or higher authorities be given an administrative sanction; to cause economic loss, compensation according to law constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) unlawful violations of taxi operators and their employees ' personal and property rights;

    (B) an implementation of administrative license;

    (C) the unlawful imposition of administrative penalty;

    (D) cannot be based on charges, fines, not complying with the requirement to use confiscation receipt, fine not paid, privately dividing or dividing up confiscations in disguised form;

    (E) the use or destruction of seized property;

    (Vi) negligence, malfeasance;

    (VII) soliciting or accepting of other people's property, or for other illegal gain.

    32nd the following acts in violation of these rules, by the road transport authorities above the county level shall be punished:

    (A) in violation of this article 16th (b), (c), (d) provides, correction, fines of between 50 Yuan and 200 Yuan;

    (B) disobey 20th paragraph (c) and (e) provision shall be ordered to correct, fined a maximum of between 10000 and 5000 Yuan in serious cases, suspension of taxi vehicle operator, taxi business licenses;

    (C) in violation of this article 20th paragraph (d), (f) the provision shall be ordered to correct, fined a maximum of between 3000 and 1000 Yuan in serious cases, suspension of taxi vehicle operator, taxi business licenses;

    (D) the violation of the article 21st of this approach (b), (c), (14) States, fined a maximum of between 100 Yuan and 20 Yuan;

    (E) violation of the article 21st (iv), (v), (vi), (VII), (VIII) provision of, correction, penalty of between 200 Yuan more than 1000 Yuan in serious cases, suspension of taxi qualification;

    (F) violation of the provisions of the second paragraph of this article 28th, penalty of between 50 Yuan and 200 Yuan;

    (VII) No taxi operating license in the taxi business, shall be ordered to stop operations, illegal gains, illegal income shall be confiscated, fined a maximum of illegal income more than twice times 10 times; no illegal income or the illegal income is less than 20000 Yuan, fined a maximum of between 100000 and 30000 Yuan;

    (VIII) taxi franchisee the use of taxi vehicle operator's vehicle engaged in the taxi business, correction, penalty of between 10000 and 3000 Yuan; it refuses, suspension of taxi operating licenses;

    (IX) No taxi taxi driver qualification certificate to engage in trading, fined a maximum of between 2000 Yuan and 200 Yuan;

    (J) the taxi driver's death more than a traffic accident occurred, suspension of taxi qualification certificate;

    (11) taxi franchisee death occurred three or more serious traffic accident, the vehicle cab vehicles operating licence revoked;

    (12) taxi franchisee within a year two three or more serious traffic accident death, ordered rectification; failed to pass the reform, cancellation of taxi operating licenses.

    Cancellation of the taxi license, taxi cab vehicles operating certificate, by original examination and approval organ voluntary repossession of leased passenger franchise targets.

    33rd article violates this article 20th paragraph (a), 21st (11) the provision, by the price administrative departments according to law.

    34th article violates this article 21st (I) the provision, by the quality and technology supervision departments dealt with according to law.

    35th for violations of these rules cannot be processed, road transport authorities above the county level can temporarily taxi vehicle operator, taxi, taxi driver service supervision card qualification documents, ordering of withholding documents, and ordered its deadline to specified agencies to accept treatment.

    Refusing to accept on-site inspections, operating without a licence and refused to specify the Agency for investigation and settlement within the time limit, may suspend a vehicle or equipment issued by withholding documents, and ordered its deadline to designated agencies for investigation and settlement. Fails to specify the Agency for investigation and settlement, road transport authorities above the county level can make a decision according to law.

    Individuals do not apply for reconsideration or bring an action nor its decision, has not fulfilled within three months of notification law may suspend auctions of vehicles or equipment, relevant departments of the surrender, auction proceeds deducted fee, payable fees, late fees and penalty, refund the parties, the shortfall shall be recovered.

    The sixth chapter supplementary articles

    Article 36th taxi in these measures refers to passenger preference, with five (with five) the following car providing passenger service, and mileage, time, billing and operational activities.

    Main city mentioned in these measures refers to the yuzhong district, Dadukou district, Jiangbei district, shapingba district, jiulongpo district, district, banan district, Yubei District, beipei district, and, and, and.

    Operating area is mentioned in these measures refers to the operation in the downtown area and outside the main city district (County) in the trading area.

    Taxi franchise owners in these measures refers to obtain taxi franchise licenses businesses and self-employed households.

    More than traffic accidents due to the same accident in these measures.

    37th article of the way taxi franchise had been made before the implementation indicators, validity of the original unchanged.

    Reform of transportation administrative enforcement in article 38th District (County), by traffic administrative law enforcement agency to exercise the power of administrative penalty as provided herein.

    Stipulated by the municipal traffic administrative law enforcement agencies to exercise the way taxi administrative punishment right in the downtown. 39th these measures come into force on the date of promulgation.