Kunming City Motor Vehicle Maintenance Management

Original Language Title: 昆明市机动车维修经营管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387197.shtml

Kunming city motor vehicle maintenance management

    (February 5, 2013, Kunming city people's Government at the 50th Executive meeting February 27, 2013 123th number Kunming city people's Government promulgated as of May 1, 2013) Chapter I General provisions

    First in order to regulate the motor vehicle repair industry business practices, maintenance vehicle repair market, protect the legitimate rights and interests of motor vehicle maintenance and operators and their clients, according to the People's Republic of China regulations on road transport, road transport regulations of Yunnan province and other relevant provisions, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city motor vehicle maintenance management, supervision and management, application of this approach.

    Article III motor vehicle repair business in these measures refers to technical condition and to maintain or restore motor function, and prolong the life expectancy of tasks carried out by motor vehicle maintenance, repair and repair rescue, performance testing, and other related business activities.

    Fourth municipal traffic administrative departments in charge of organization and leadership within the administrative area of the city motor vehicle repair industry management.

    City, County (municipality) regional road transport authority be responsible for the implementation of the motor vehicle repair industry management work within their respective administrative areas.

    Development, industry and commerce, public security, urban management, environmental protection, quality supervision departments in accordance with their respective responsibilities, to do related to motor vehicle maintenance and operation management.

    Article fifth motor vehicle maintenance trade associations should play industry representatives, industry self-regulation, trade service and industry coordination role assisting the relevant administrative departments standard operator of motor vehicle maintenance and operational activities.

    Article sixth maintenance operators shall operate, follow the principle of equality, voluntariness, honesty and quality service.

    Seventh to encourage operators of motor vehicle maintenance intensive, branding, specialization, promoting fast service chain, promoting rational division of labour and coordination development of motor vehicle repair industry.

    Encourage the application of motor vehicle maintenance and environmental protection, energy-saving, non-breakup testing and fault diagnosis technologies.

    Chapter II business license

    Article eighth motor vehicle maintenance and operation based on the maintenance vehicle types, service capacity and management project category permission.

    Motor vehicle maintenance and operating according to the maintenance vehicle types are divided into the car repair business, transport of dangerous goods vehicle repair business, motorcycle repair business and other motor vehicle repair business categories.

    Motor vehicle repair business specific business projects, in accordance with the relevant provisions of the State and province.

    Nineth engaged in motor vehicle repair operations should be consistent with national, provincial and municipal regulations, and meet the following conditions:

    (A) compatible with the business to maintain the grounds;

    (B) the necessary equipment, facilities and technical staff;

    (C) a strong motor vehicle maintenance management system;

    (D) the necessary environmental protection measures.

    Tenth section engaged in motor vehicle repair business, shall be to the seat of the County (city, district) road transport authority to apply for and submit the following materials:

    (A) the application;

    (B) identification of the applicant;

    (C) Enterprise (individual) name prior approval written notice;

    (D) roster of personnel to be employed and proof of qualifications, titles;

    (E) operating land-use rights and proof of ownership;

    (Vi) in equipment, facilities list are measuring devices equipment, facilities, and equipment calibration certificates;

    (VII) quality management, production management, vehicle maintenance management, staff training, equipment management and spare parts management and maintenance system of text;

    (H) the approval of the environmental impact assessment documentation, and supporting environmental protection measures supporting documents;

    (I) national, provincial and municipal regulations need to submit additional material. Road transport management body shall, within 3 working days from the date of acceptance of the application to make a decision.

    Review meets the conditions for the opening, making the decision to grant permission; opening does not meet the requirements, make a disapproval decision, and explain the reasons.

    11th motor vehicle maintenance operators change licensing matters, shall, in accordance with the prescribed procedures, road transport management body made the decision on the license application.

    Operators of motor vehicle maintenance and change of company name, nature of the enterprise, legal representative or responsible person registration matters, ought to make licensing decisions to the road transport authority of alteration registration procedures.

    Motor vehicle maintenance and operator terminates its operation, shall be announced in the 30th before termination of the business community, and made the decision on the license applications for road transport authority for cancellation procedures.

    Article 12th maintenance operators to apply to set up branches, chain operators, shall go through the relevant procedures, specific provisions shall be separately formulated by the municipal transportation authority.

    Chapter III maintenance management

    13th motor vehicle maintenance and road transport operator shall, in accordance with regulatory agencies allow repairing vehicles.

    14th motor vehicle maintenance operators shall comply with the code for vehicle maintenance service (JT/T816), establish and improve the quality management system of maintenance.

    Motor vehicle maintenance and operator shall prominently within the venue operators suspended road transport authority make maintenance categories signs, road transport operator licensing, reputation for quality assessment grade signs and public technical standards for maintenance, maintenance services, quality assurance standards, commitment to service and maintenance maintenance work quota, work unit, common parts the existing prices, monitor phone calls and other information. Article 15th maintenance operators shall implement the national, provincial, municipal and industry maintenance technology standards and specifications.

    Yet to promulgate technical standards and specifications, and can be provided in accordance with the vehicle manufacturer's service manual and related technical information for maintenance.

    16th motor vehicle repairs motor vehicle operator shall, in accordance with quality requirements of traceability system, establish and improve the registration of parts procurement, storage, a library management system.

    17th motor vehicle maintenance operators shall support shall sign a maintenance contract.

    In the maintenance process requires additional maintenance items, replacement of major parts or expand the scope of repair requires a prior consent of the holding shall agree and be clear in the maintenance contract.

    Article 18th maintenance operators use supporting owners owned repair parts vehicles, should be indicated in the maintenance contract-owned parts of name, size, type, manufacturer, and identify product quality certification; could not be identified, and shall not be used.

    Article 19th maintenance operators shall not be any of the following acts:

    (A) unauthorized modified vehicle;

    (B) use of parts assembling vehicles;

    (C) the contractors scrap vehicles, vehicles without nationality;

    (D) in an approved area for repair work or parked for repairs of vehicles;

    (E) the use of counterfeit parts, disqualified;

    (Vi) other behaviors prohibited by laws and regulations.

    20th motor vehicle maintenance and operator should be introduced into the plant, factory, in-process and completed factory certification systems and the use of national, provincial, municipal or industrial unity of incoming inspection orders, inspection orders, check orders and factory certificate of completion.

    Forgery, resell, lend, repair factory completion certificate.

    Article 21st vehicle repairs, unit repair, car maintenance vehicle, motor vehicle maintenance and inspection the operator shall, without testing qualification, shall entrust a qualified motor vehicle general performance inspecting agencies for testing.

    Qualified by a quality inspector of factory completion certificate was issued, together with all technical documents and other materials to support the owners; not qualified may not be delivered.

    22nd automobile comprehensive performance testing organizations testing qualification should be in accordance with the standards and procedures of detected by the test report issued by the vehicle. Article 23rd maintenance operators shall establish a technical file.

    Vehicle repairs, unit repair, car maintenance and accident repair vehicles maintenance record-keeping period of no less than two years.

    24th motor vehicle maintenance and completion of a factory quality guarantee system, quality assurance in accordance with the regulations of the traffic Administrative Department of the State Council. Motor vehicle maintenance and operator in the collection period should be performed within the warranty period.

    Fair use and under normal conditions of maintenance of quality, responsibility of the operators of motor vehicle maintenance and repair, repair work and materials fees waived, and the original repair category within the prescribed period after the completion of maintenance to deliver care.

    25th motor vehicle maintenance operators shall establish a comprehensive safety system, strengthening the safety education of practitioners, to ensure safety in production.

    Article 26th settlement maintenance costs motor vehicle maintenance and operator shall issue tax invoices or tax invoice issued by the Department, and uniformity of work, material statements.

    Motor vehicle maintenance provisions of bills and statements issued by the players, holding shall have the right to refuse to pay the costs.

    Supervision and administration of the fourth chapter

    27th road transport management body should carry out national, provincial and municipal laws, regulations, guidelines, policies, and strengthen the supervision and management of motor vehicle repair business.

    28th road transport authority vehicle maintenance Manager annual quality review system should be established, and regularly inform the public examination results.

    Motor vehicle maintenance and operator during the licensing period shall participate in the annual quality review.

    29th road transport management body should actively promote the industry informatization construction and rescue, maintenance service network construction, promote the development of motor vehicle repair industry.

    30th road transport management authority shall establish and improve motor vehicle maintenance and complaint reporting system, and to deal with complaints in a timely manner.

    Motor vehicle maintenance and maintenance quality of party disputes, you can apply for mediation to the road transport authority.

    31st road transport authority officers shall, in accordance with the statutory powers and procedures to monitor the operators of motor vehicle maintenance and inspection shall not abuse, deception, shall not impede the normal operation of motor vehicle maintenance and operator activities.
The fifth chapter legal liability

    Article 32nd deficiency of operators of motor vehicle maintenance and repair projects or seek illicit interests, transported by road authorities be ordered to desist from the illegal act and fined 1000 Yuan more than 5000 Yuan fines; has illegally obtained, confiscation of illicit proceeds.

    33rd motor vehicle maintenance operators have one of the following acts, by road transport management agency ordered corrective action and fined 1000 Yuan more than 5000 Yuan the following fines:

    (A) not by country, province, city or industry-related technical standards, specifications, lack of maintenance or leakage;

    (B) on request on vehicle repair and Assembly repairs, car inspection of secondary vehicles;

    (C) not complying with the motor vehicle parts procurement as required registration, storage, a library management system.

    34th motor vehicle maintenance operators have one of the following acts, granted by the road transport authorities warned or fined 1000 Yuan and 3000 Yuan the following fines:

    (A) not implemented into the factory, the factory and process control systems and the completed factory certification, quality assurance system;

    (B) the business name, ownership, legal representative or responsible person is changed, without formality;

    (C) is not required to participate in annual quality review;

    (D) in an approved area for repair work or parked for repairs of vehicles;

    (E) not required suspension harmonized motor vehicle maintenance categories signs, road transport operators permit or annual quality review signs;

    (Vi) not required public service standards, maintenance services, quality assurance standards, service and maintenance maintenance work quota, work unit, common parts the existing prices and other information;

    (VII) the incoming inspection is not required to use the consolidated orders, inspection orders, check orders, factory completion certificate or statement;

    (H) according to the provisions and support shall sign a maintenance contract.

    35th automobile comprehensive performance testing organizations use standards without testing equipment for testing, by the administration of road transportation be ordered to desist from the illegal act and fined 5000 Yuan more than 10000 fine.

    36th road transport authority staff in the management of motor vehicle maintenance and negligence, malpractice and abuse their powers shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 37th article of the rules take effect on May 1, 2013, November 5, 2002, Kunming Kunming city people's Government promulgated the regulation of vehicle maintenance (37th in Kunming city people's Government) abrogated.