Anhui Province, A Taxi Passenger Transportation Management Approach

Original Language Title: 安徽省出租汽车客运管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387252.shtml

Anhui Province, a taxi passenger transportation management approach

    (July 25, 2012, Anhui provincial people's Government, the 102th general meeting August 20, 2012 announced order No. 242 of Anhui Province, since October 1, 2012) Chapter I General provisions

    First in order to regulate the taxi business practices, improving the quality of taxi services, and safeguard the lawful rights and interests of passengers, taxi operators and drivers, promoting healthy development of taxi industry, according to the Anhui provincial road transport regulations and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Second approach applies to taxi operation and management activities in the administrative area of the province.

    Taxi in these measures refers to using the 5 seat small bus, according to passenger requirements to provide passenger service charge based on mileage and time operations.

    Third people's Governments above the county level shall strengthen leadership of the administration of taxi, according to economic and social development in their respective administrative areas and urban development, organize relevant departments to prepare urban taxi industry development plan, taxi capacity put on the total amount control and guarantee healthy development of taxi industry.

    Article fourth provincial administrative departments of transportation taxi management work within the administrative area of the province, which belongs to the taxi authority for implementation of taxi management guidance, coordination and supervision.

    City and county administrative departments of transportation is responsible for the Organization and leadership of the taxi management work within the administrative area, the taxi authority be responsible for the implementation of its taxi management.

    Public security, housing and urban-rural construction, urban and rural planning, finance, Commerce, price, quality supervision departments shall, in accordance with their respective responsibilities, good management of taxi-related work.

    Article fifth taxi management, should follow the principle of open, fair, just and convenient.

    Taxi operators and drivers shall operate, good faith, fair competition, and to provide safe, convenient, quality service to passengers.

    Sixth encourages the taxi industry to large-scale, intensive, company development, promotion of information management and the use of environmentally-friendly, energy-saving models.

    Article seventh taxi operators and their employees may establish or join trade associations.

    Taxi trade associations shall strengthen self-discipline, safeguarding the legitimate rights and interests of the members.

    Chapter II business license

    Article eighth taxi passenger transportation management implementation of taxi operating licensing, vehicle operating qualifications for license and driver's license system.

    Section Nineth engaged in taxi business, shall meet the following conditions:

    (A) up to the required amount of funds;

    (B) in accordance with the provisions of article tenth of vehicles and supporting facilities and equipment;

    (C) fixed in conformity with the provisions of the parking lot;

    (D) comply with the conditions specified in article 11th driver;

    (E) there is a corresponding responsibility;

    (Vi) have a sound safety management system and service quality assurance measures;

    (VII) other conditions stipulated by laws and regulations.

    Tenth vehicle engaged in the taxi business, shall meet the following conditions:

    (A) conforms to the national motor vehicle operating safety specification, operating vehicle motor vehicle exhaust emission standards and requirements and the detection of qualified;

    (B) install the cab light, empty cars for rent sign and the taxi mileage standards by the meter;

    (C) spray taxi signs;

    (D) other conditions stipulated by laws and regulations.

    11th driver engaged in taxi business, shall meet the following conditions:

    (A) obtain a corresponding motor vehicle driver's license;

    (B) the age of 60 years;

    (C) at least 3 years driving experience, and no significant more traffic accident records.

    Comply with the conditions prescribed in the preceding paragraph the driver, by the city and county administrative departments of transportation taxi management organs in accordance with national and provincial regulations after passing the examination, for a taxi driver qualification card.

    12th section engaged in the taxi business, should be to the local city and county administrative departments of transportation taxi management organs to apply and submit related materials meet the conditions as provided herein. Institution shall, from the date of acceptance of the application of taxi management review has been completed in the 20th, and make a decision on whether to license.

    License, the taxi operating certificate issued to the applicant, into transport vehicles issued to the applicant and the vehicle operator; no permission, and shall notify the applicant in writing and state the reasons.

    Taxi regulatory agencies in the review of taxi business applications, should be based on the local city put on the number of taxi and taxi industry development planning capacity, determined through tenders, fair competition in the taxi business licensing. 13th taxi operation for a period of 6 years to 8 years.

    City and county governments according to local conditions, determine the specific terms of taxi operation.

    Expiry of the taxi business, operators need to continue taxi operating licensing, shall, before the expiration of 3 months to reapply to taxi management agencies, taxi administrative agency shall, in accordance with article 12th in these measures, combined with the taxi operators ' reputation for quality of service assessment results and make a decision on whether to license.

    Update 14th taxi operators, should apply to the taxi authority meet the legal conditions and standards, the taxi administrative organ shall go through the procedures of alteration according to law.

    Taxi operators were no longer engaged in taxi business vehicles, ceiling lights and other accessories should dismantle the meter, clear the taxi logo.

    15th taxi operators should be engaged in taxi business in the operating area of the license, without pause, terminate the taxi business, it may not transfer of taxi operating certificate, vehicle operating license.

    Taxi operators ' need to suspend or terminate the taxi company, should be suspended or terminated in the 30th before informed the original licensing authority.

    16th under any of the following circumstances, the original licensing authorities to remove his taxi business certified and vehicle operating permit:

    (A) the expiry of the taxi business;

    (B) taxis made within 6 months of the operating certificate is not put into operation without good reason, or not operating for 6 consecutive months in the term of operation;

    (C) the taxi business closure or certified and vehicle operation permit shall be revoked;

    (D) taxi operator terminates its operation;

    (E) other circumstances as stipulated by laws and regulations.

    17th taxi drivers have one of the following circumstances, the original licensing authorities remove the qualification:

    (A) death or incapacity;

    (B) age more than 60 years of age;

    (C) due to health and other reasons to be engaged in taxi service;

    (D) closure, revocation or cancellation of a driver's license shall be;

    (E) the closure or the qualification certificate shall be revoked;

    (Vi) other circumstances as stipulated by laws and regulations.

    Chapter III management and services

    18th taxi operators and drivers, price administrative departments should be performed in accordance with the development of passenger transport prices and consumers use tax invoice produced by the Department.

    Taxi price or adjustment should be carried out in accordance with legal procedures, and follow the principle of openness, fairness and justice.

    19th taxi services sites take, beckoning take, telephone booking, online reservation, and so on.

    Taxi operators and drivers should provide convenient and timely service, safety, health, civilization, in urgent need of rescue as well as the old, the weak, the sick, disabled, pregnant, preferred for their vehicles.

    20th taxi mileage meter should be in accordance with the relevant provisions of the State examination to ensure their accuracy.

    Hire car mileage standards and replacement of the meter, in accordance with the relevant provisions of the State.

    21st taxi operators shall comply with the following provisions:

    (A) in accordance with the relevant national and provincial technical specifications for periodic maintenance and inspection of the taxi to ensure vehicle technology is in good condition;

    (B) in accordance with the provisions in the taxi on installation and use of information collection, storage, switching, monitoring facilities;

    (C) comply with the taxi service standards, strengthen the management of drivers and safety, ethical and other aspects of education and training;

    (D) according to passenger accident insurance, third party liability insurance and other mandatory insurance stipulated by the State;

    (E) establishing and perfecting the vehicle and the driver file, to taxi authorities submitted statistical data on time;

    (Vi) publish telephone service, and taxi management agency handling of complaints in a timely manner.

    22nd taxi drivers shall take the taxi driver qualification certification and comply with the following provisions:

    (A) onboard the vehicle operator, and placed in a prominent position service supervision card;

    (B) to comply with traffic laws and the taxi service standards, neatly dressed, polite;

    (C) commercial vehicles cleaned and disinfected on a regular basis, keep the vehicle clean and tidy, facilities in good condition;

    (D) rental cars when empty for rent shall display empty cars for rent signs, to show their cards during the day, night lights, after a passenger fell empty flag;

    (E) operating in the licensed operating range shall not be operating in different places, but you can take passengers to remote and passenger return;

    (F) destination choice and reasonable route specified by passengers, shall not intentionally bypass;

    (VII) without the passenger's consent, shall take any other passenger;
(VIII) may not Park in a no parking capacity within the section;

    (I) shall not be touting taking deception or forcing passengers;

    (J) access to airports, railway stations, bus stations, terminals and other regional operations with taxi, private car park, taxi, private car park the taxi queue in turn, not OTC showmanship;

    (11) other provisions of the laws, regulations and rules.

    Fifth offsite operations mentioned in item of the preceding paragraph, refers to the departure and destination is not within the operating area of the license, or a visitor to place around the city, soliciting, touting the behavior.

    Article 23rd following refusal to act on taxi drivers are prohibited:

    (A) open empty vehicles for rent sign, when passengers refusing to indicate parking;

    (B) after open empty vehicles for rent signs, bus stops or refusing passengers by the roadside waiting for customers;

    (C) the interruption, termination of services without good reason or the transfer of passenger transport of others;

    (D) operating in the city, because the passenger did not agree to negotiate refusals;

    (V) while in operation of picking passengers;

    (F) refuse without good reason other passengers.

    Article 24th bus passengers should civilization, and to comply with the following requirements:

    (A) shall not bring prohibited and flammable, explosive, toxic and other dangerous goods on board;

    (B) shall not require the drivers violating traffic regulations traffic, parking;

    (C) drunk or mentally-ill patients should be accompanied by car or guardianship;

    (D) according to the taxi, mileage meter displays the amount of the payment, and payments arising from the transport of passengers crossing, bridges, parking and other fees.

    Passengers to violate the provisions of the preceding paragraph, taxi drivers can refuse or terminate service before termination of his service of freight, passengers shall pay the premium according to the taxi meter displays the amount of mileage.

    25th under any of the following circumstances, passengers have the right to refuse to pay the shipping cost:

    (A) do not use taxi mileage meter in accordance with regulations;

    (B) does not issue a tax invoice produced by the Department;

    (C) the responsibility of the driver or the vehicle reason, passengers cannot be delivered;

    (D) drivers around for no reason.

    26th ask sail to remote and isolated areas, taxi drivers have the right to ask passengers to accompany to the nearest police station, security alarm check; the passenger fails to cooperate, the driver can refuse to provide transport services.

    27th taxi driver found the passengers lost items, should be managed to return in time; unable to return, shall be delivered to the taxi authority or a public security organ.

    Taxi operators or drivers for returned items lost passenger vehicle fees and other reasonable expenses incurred, items lost by passengers.

    28th of municipal and county governments should plan the taxi site.

    Airports, railway stations, bus stops, terminals and passenger focused public managers shall, in accordance with the planning, set up dedicated lanes for taxis, taxi, parking, and is open free of charge to taxi.

    29th taxi management agencies and taxi operators should establish quality of service complaints system, public telephone, mailing address or email address, subject to public supervision.

    Passengers think that taxi operators or drivers ' violations of their legitimate rights and interests, is entitled to complain to the taxi management bodies or taxi operators, and provides taxi plate numbers, travel invoices, starting and finishing locations, contacts and my real name and other relevant evidence and information. Article 30th taxi operator after receiving the complaint shall be replied within the 3rd days of acceptance.

    Disagrees with the passengers about the response, you can complain to the taxi authority. Taxi authority upon receipt of a complaint, should be processed from the date of acceptance of the 5th; complex, can be disposed of in the 10th, and will inform the complainant of the result.

    Complaints against taxi operators or drivers shall be subject to survey of the taxi authority, actively cooperate with the body to deal with complaints of taxi management. 31st passenger taxi complaints of inaccurate mileage meter, taxi operators should be provided with legal metrological verification certificate of calibration certificates. Passengers still have objections, requiring a new verification, taxi operators should send their taxi mileage meter legal metering verification institution verification.

    Inspection, test fees, and the resulting economic losses borne by the passengers; failed to pass the test, taxi operators should return the overcharged price, hire car mileage correction or replacement of the meter, and pay the test fees, and other reasonable costs paid by passengers.

    Fourth chapter of supervision and inspection

    32nd people's Governments above the county level transportation administrative departments should strengthen the institutions taxi taxi management, operation and management of guidance and supervision.

    Taxi authorities should strengthen supervision and administration of taxi operators and drivers, in accordance with the relevant provisions of national and provincial, implementation of the service quality evaluation system. Article 33rd taxi management should undertake an audit of taxi per year.

    Testing includes: vehicle structure, skin color changes, in accordance with the provided installation, use the car rental Dome light, empty cars for rent signs, meter and driving information to collect, store, Exchange, and monitoring facilities, and so on.

    Taxi management should examine conditions, supervision and inspection cycle taxi operators in accordance with the national requirements of taxi testing.

    Article 34th taxi management institutions and law enforcement personnel should be in strict accordance with statutory authority and procedures for the supervision and inspection.

    Taxi authority law enforcement officers while performing their duties of supervision and inspection, 2 or more persons shall participate in and produce their documents, specifications, and civilized law enforcement.

    35th taxi authority law enforcement officers should be focused in the taxi car park and bus stops, passenger flow distribution center and the provincial government approved the establishment of Highway inspection stations and other places of conducting supervision and inspection.

    Taxi authority law enforcement officers when conducting supervision and inspection, can contribute to the units and individuals to understand the situation, examine and copy relevant material, but it should be conservative commercial secrets of the inspected organizations and individuals.

    The inspected units and individuals shall be subject to supervision and inspection of the taxi authority according to law enforcement personnel, truthfully provide relevant materials or information.

    Article 36th cab authority law enforcement personnel when conducting supervision and inspection, no vehicle operator cannot provide proof of a valid commercial vehicles be suspended, shall make and deliver the suspension decision and list, and inform the Parties shall enjoy the rights. Parties shall withhold decision within the prescribed time limit to specified places for treatment.

    To provide valid identification such as vehicle operator's, taxi management agencies should be returned immediately to be temporarily suspended vehicles; do not provide valid proof of or actually found to belong to no vehicle operator engaged in taxi business, shall make a decision after the party to the decision, the vehicle shall immediately refund the withholding. Taxi regulators temporarily suspended vehicles shall take good care of, you may not use, shall not charge or charge a storage fee in disguise.

    Vehicles were temporarily suspended due to improper storage during damage or loss, taxi management shall compensate.

    37th taxi regulators in the supervision and inspection, found that taxi operators no longer meets criteria as provided herein, shall be ordered to correct within; it fails to, revoked their taxi license.

    The fifth chapter legal liability

    38th article violation this approach provides, not made taxi business qualification card, unauthorized engaged in taxi passenger business of, by city, and County Government traffic transport administrative competent sector belongs of taxi management institutions ordered stop business, confiscated illegal proceeds, at illegal proceeds twice times above 10 times times following of fine; no illegal proceeds or illegal proceeds insufficient 20,000 yuan of, at 30,000 yuan above 100,000 yuan following of fine.

    39th article violates these rules, taxi operators have one of the following actions by the municipal and county administrative departments of transportation taxi management organs in accordance with the following provisions:

    (A) lack of taxi vehicles operator engaged in taxi business, correction, confiscation of illegal gains, more than 5000 Yuan and 10,000 yuan fine; it fails to mend, the original licensing authority revoke taxi business license.

    (B) officers made taxi driver qualification employed driving a taxi, ordered corrective action and confiscate the illegal gains from 2000 Yuan fine; it fails to mend, the original licensing authority shall revoke the vehicle operating permit.

    (C) does not report the original licensing authority, terminate the taxi business without authorization, shall order rectification fails to mend, the original licensing authority shall revoke a taxi business certified and vehicle operating permit.

    (D) unauthorized transfer of taxi operating license, the vehicle operating permit, shall be ordered to desist from the illegal act, revoke taxi business certificate and the vehicle's operation license, confiscate the illegal gains from 2000 Yuan and 10,000 yuan fine.

    (E) is not in accordance with the relevant technical specifications for regular maintenance and inspection of the taxi, a rectification, of up to between 5000 and 1000 Yuan fine.

    (F) in accordance with relevant regulations of the State in the taxi installation and use of information collection, storage, exchange facilities, monitoring functions, rectification and given a warning.

    (VII) failure to establish a taxi vehicle and driver records, or fails to submit statistical information to the taxi authority, a rectification.
(VIII) does not handle customer complaints or refusing to taxi management unit to investigate its complaint handling, rectification and given a warning.

    40th article violates these rules, taxi drivers have one of the following acts, the municipal and county administrative departments of transportation taxi management organs shall be ordered to correct, and in accordance with the following provisions:

    (A) without a taxi driver qualification card post card or does not prominently placed service quality supervision and give a warning; it refuses, fines of between 20 Yuan and 200 Yuan.

    (B) exceed operating regional operations, confiscate the illegal income, between 3000 and 1000 Yuan Yuan fines; the circumstances are serious, by the licensing authority shall revoke the taxi driver's qualification certificate.

    (C) intentionally bypass or working without the consent of passengers travelling on other passengers, confiscate the illegal gains and fines of between 100 Yuan and 500 Yuan.

    (D) unreasonably refusing passengers, fines of between 100 Yuan and 500 yuan in serious cases, by the licensing authority shall revoke the taxi driver's qualification certificate.

    (E) take touting by deception or force passengers, between 2000 and 1000 Yuan fine.

    (Vi) not in a taxi, private car park the taxi queue in turn, outer the showmanship, fines of between 100 Yuan and 500 Yuan.

    41st article violates these rules, competent administrative departments of people's Governments above the county level transportation management and the taxi Agency, one of the following acts, directly responsible in charge and other direct liable persons shall be given sanctions, constitute 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) participation in or disguised in a taxi passenger transportation management;

    (C) found that failing to investigate and punish the violations;

    (D) not to receive, pursuant to the provisions dealing with customer complaints;

    (E) illegally detained a taxi or vehicle operator's certificate;

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

    (VII) any other acts of abuse of power, negligence, malpractice.

    The sixth chapter supplementary articles

    42nd district municipal people's Government in accordance with this approach, combined with local reality, taxi management rules are formulated. 43rd article of the rules take effect on October 1, 2012.