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 Shanghai, Shanghai Municipal People's Government On The Revision Of The Regulations, Investigate And Deal With Illegal Passenger Transport Decisions

Original Language Title:  上海市人民政府关于修改《上海市查处车辆非法客运规定》的决定

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Decision of the Government of the Shanghai City to amend the provisions on the illicit passenger movement of vehicles in the Shanghai City

(Summit No. 154 of the Government of the Shanghai City of 8 October 2012 to consider the adoption of Decree No. 89 of 11 October 2012 on the People's Government of the Shanghai City, on 16 October 2012.

The Government of the city decided to amend the provisions on the illegal passenger transport of vehicles at the Shanghai City to read as follows:

Article 17 has been amended to read as follows: a car driver who has not obtained a document of a commercial passenger is charged with a charge of carrying a passengers, which is dealt with by the transport administration enforcement agencies in accordance with article 12, paragraph 1, of this article, but there is evidence that the parties are legitimate and not punished.

This decision has been implemented effective 16 October 2012. The requirement for the illegal passenger transport of the vehicles of the Shanghai City was released in accordance with this decision.

Annex: Decision of the Government of the Shanghai City concerning the revision of the regulations of the Government of the Shanghai City of 1 November 2010 No. 49 of the People's Government Order No. 49 of 1 November 2010 on the basis of the Decision No. 81 of the People's Government of the Shanghai City of 7 February 2012 on the amendment of the Second Transport of Goods by the Shanghai People's Government, issued by Decree No. 89 of 11 October 2012

Article 1

In order to guarantee the safety of passengers, the regulation of the market order of passenger transport and the illicit operation of vehicles is governed by the relevant provisions of regulations such as the rental vehicle management regulations in the Shanghai City, the regulations governing the public cars and passenger transport in the city, and the regulations governing road transport management in the Shanghai City.

Article 2

This provision applies to the screening and related management activities of various types of motor vehicles within the city's administrative region, non-motive vehicles.

Article 3 (Management)

The municipal transport administration is responsible for the management of the illegal passenger carriers of vehicles within the city's administrative area; the treasury area, the treasury, the creativity, the treasury, and the district transport administration sector (hereinafter referred to as a zone, the district transport administration sector) is responsible for the management of the illegal passenger movement of vehicles within the territory.

In accordance with their responsibilities, municipal and district, district transport administration law enforcement agencies (hereinafter referred to as transport administrative law enforcement agencies) are responsible for monitoring inspections of illegal passenger shipments of vehicles within the jurisdiction.

The public safety transport management is responsible for monitoring of the safety of road traffic by illegal passenger vehicles.

Article 4 (General prohibition)

Vehicles who do not obtain documents of business passenger carriers shall not engage in the operation.

Moto vehicles, all types of non-modile vehicles are not allowed to operate.

Three rounds of non-modile vehicles should not be added to a passenger transport facility.

Article 5

In addition to passenger rental vehicles, other automotives shall not be allowed to carry out a stereotype of cars for the purpose of renting a car, and no passenger carrier markings and facilities shall be installed.

Article 6

When passenger motor vehicles are distributed or updated, the operators should clear the colours, specialized shipment markings and facilities for passenger vehicles and, within 5 days of the vehicle's release or updating, the delivery of business documents to the transport administration sector.

Article 7

In addition to the operators of motor vehicles, other personnel may not solicit passengers in public places such as airport, vehicle stations, ports, hospitals, commercial networks, tourist dispersion sites and roads.

Article 8

The city or district, district transport administration will be connected with the city or district, district public safety transport management, which can demarcate the passenger vehicle-specific area in public places such as airport, vehicle stations, ports, hospitals, commercial networks, tourist dispersion points and roads. Visitors should be waiting in the area of the dedicated passenger, and other vehicles should not be stopped in the dedicated passenger area.

Article 9

Transport administrative law enforcement agencies should strengthen monitoring inspections of the illegal passenger transport of vehicles and establish appropriate regulatory files. In public places, such as airports, vehicle stations, ports, hospitals, commercial networks, tourist dispersion points and roads, transport administration law enforcement agencies should increase the inspection of the illegal passenger transport of vehicles.

The inspected units or individuals should cooperate with the management inspection and provide relevant information without denying, blocking.

Article 10 (Social reporting mechanism)

Transport administrative law enforcement agencies should establish specialized telephones for the reporting of illegal passenger shipments of vehicles and be made public to society. The sectors receiving the report should be confidential.

The transport administration law enforcement agencies should conduct immediate investigations and, within one month, receive feedback on the illegal delivery of vehicles.

Article 11 (Demonstration of evidence)

When the transport administrative law enforcement agencies detect the illegal passenger transport of vehicles, there should be more than two law enforcement officials on the ground and collect relevant evidence in accordance with the law.

The staff of the Transport Administration shall not use the evidence of the illicit passenger movement of vehicles, such as threats, inducement and deception. The evidence obtained in the above-mentioned manner shall not be used as a basis for the illegal passenger transport of the vehicles.

Article 12

In violation of article 4, paragraph 1, of the present article, unlawfully engaged in the operation of a passenger movement is punished by the transport administration law enforcement agencies in accordance with the relevant laws, regulations and regulations.

In violation of article 4, paragraph 2, of the present provision, motorcycles and non-mocile vehicles are illegally transported by public safety transport authorities, which are responsible for road inspections and collecting relevant evidence, transferring case material to the city or district, district transport administration, with a fine of up to $50 million for the municipal or district, district transport administration.

In violation of Article 4, paragraph 3, of the present article, three rounds of non-mocile car plus accumulate facilities are fined by more than 5,000 dollars in the municipal or district transport administration.

Article 13

In violation of article 5 of this provision, the non-signant vehicle car sprayed for the exclusive vehicle, installed a slogan or installed a proxy device, which is fined by more than 3,000 dollars in the urban or district, district transport administration sector; and the special vehicle for the hiding of the spraying, installation of the toplights and installation of the purchaser, which is fined by more than 5,000 in the urban or district, district transport administration. The above-mentioned car was driven by a fine of more than 50 million dollars in the urban or district and district transport administration.

With regard to the use of falsified, transcendant vehicle-specific photographs and operating documents, the public security authorities are punished in accordance with the relevant provisions of the Law on the Safety and Security of the People's Republic of China.

Article 14.

In violation of article 6 of this provision, the operator has one of the following acts, which are being corrected by an order of responsibility for the transport administration in the city or district, and by a fine of up to 5,000 dollars per vehicle:

(i) No expropriation of a special vehicle for the rental of vehicles, a special shipment mark or a specialized operating facility;

(ii) The process of write-off of business documents has not been carried out within the prescribed time frame.

Article 15

In violation of article 7 of the present article, persons other than the motor vehicle of the operation were fined by more than 200 dollars in public places such as airport, vehicle stations, ports, hospitals, commercial networks, tourist dispersion points and roads.

The solicitation of passengers disrupted the order of public places and was punished by the public security authorities in accordance with the relevant provisions of the Law on Security of the People's Republic of China.

Article 16

In violation of article 8 of the present article, the non-signant vehicle was stopped in the area of the exclusive passenger vehicle and was processed by the public security transport administration in accordance with the relevant provisions of the People's Republic of China Road Traffic Safety Act.

Article 17

The car driver who did not obtain a business passenger document was charged with carrying the passengers, which was dealt with by the transport administration law enforcement agencies in accordance with article 12, paragraph 1, of the present article, but there was evidence that the parties were justified and not punished.

Article 18

Municipal or district, district transport administration, transport administrative law enforcement agencies, in accordance with the relevant laws, regulations, may temporarily deduct vehicles of illicit passenger transport and inform the parties of processing at designated locations within the specified time frame.

The temporary vehicle has been removed by law, in order to meet the reporting conditions.

The transport administrative law enforcement agencies should return temporary vehicles in a timely manner, subject to the processing and execution of administrative penalties decisions, and the transport administration law enforcement agencies may make administrative sanctions decisions in accordance with the law. The transport administrative law enforcement agencies may suspend the vehicle by law after the notice of the relevant provisions without justification for the delay in the execution of administrative sanctions decisions. The auction resulted in deducting the costs of the auction, the amount of the fine was still surplus, and transport administration law enforcement agencies should inform the parties of the receipt.

Article 19

Violations of this provision are punishable by the municipal or district, district transport administration, or by the municipal or district transport administration authorities, which may commission the punishment of transport administrative law enforcement agencies.

Article 20 (Designment of cases)

In the course of the illegal passenger transport of the vehicles, transport enforcement agencies and public safety transport management found violations of the provisions of tax, environmental protection, collection of fees, road traffic safety, passenger movement, etc., but not within the scope of this sector, and should be transferred to the relevant management in a timely manner and be processed by the relevant management.

Article 21

In the case of the illegal passenger transport of the vehicle, the transport administration law enforcement agencies have one of the following cases, which may be transferred to the public security authorities to deal with the law; constitute a crime and hold criminal responsibility under the law:

(i) Contrajection and injury to law enforcement personnel;

(ii) The seizure of illegal passenger vehicles;

(iii) Violence undermines law enforcement facilities, law enforcement vehicles;

(iv) Other violence against law enforcement.

Article 2 (Actual date of application)

This provision has been implemented effective 1 January 2011. The provisions on the illegal passenger movement of vehicles in the city of Shanghai City, published by the Government Order No. 60 of 7 June 2006, were also repealed.