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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379349.shtml

 Shanghai, Shanghai Municipal People's Government on the revision of the regulations, investigate and deal with illegal passenger transport decisions

(October 8, 2012 154th Meeting of Shanghai Municipal review October 11, 2012, released from the Shanghai Municipal People's Government, the 89th as of October 16, 2012) municipal people's Government decision to Shanghai to investigate illegal passenger transport provisions read as follows:

    17th is revised as follows: without obtaining a commercial drivers of passenger documents charging behavior of passengers, by traffic administrative law enforcement agencies in accordance with the provisions of the first paragraph of this article 12th to deal with, but there is evidence that the parties have a legitimate reason, not to punish. This decision take effect on October 16, 2012.

    Shanghai to investigate illegal passenger transport regulations in accordance with this decision be revised and adjusted, republished. Attached: Shanghai City investigation vehicles illegal passenger provides (on November 1, 2010 Shanghai City Government makes 49th, announced according to February 7, 2012 Shanghai City Government makes 81st, announced of Shanghai City Government on modified straddling Shanghai City river port management approach, 15 pieces municipal government regulations of decided first times amendment according to October 11, 2012 Shanghai City Government makes 89th, announced of Shanghai City Government on modified straddling Shanghai City investigation vehicles illegal passenger provides

    Decision of the second amendment)

    Article I (purpose and basis)

    In order to ensure the safety of passengers, passenger transport market order, in this city, curbing the illicit passenger vehicles, according to the Shanghai taxi Management Ordinance, the Shanghai bus and tram passenger transport regulations, regulations of Shanghai Municipality on road transport management and other relevant provisions of the regulations, this provision is enacted.

    Article II (scope of application)

    This applies to all within the administrative area of the city motor vehicle, non-motor vehicle investigation of illegal passenger transport and related administrative activities.

    Article III (management)

    Municipal traffic Administrative Department is responsible for investigating illegal passenger transport within the administrative area of the city management, Pudong new area, Baoshan, Jiading, Minhang, Jinshan, Songjiang, Fengxian, Qingpu, Chongming district, County traffic administration departments (hereinafter referred to as district and County traffic Administration Department) is responsible for investigating illegal passenger transport management of the area.

    Municipal, district and County transportation administrative enforcement agencies (hereinafter referred to as traffic law enforcement agencies) in accordance with the mandate, is responsible for the supervision and inspection of illegal passenger vehicles within their respective jurisdictions.

    Public security traffic Administrative Department is responsible for the illicit passenger vehicles, violation of traffic safety supervision and inspection.

    The fourth section (general prohibition)

    Without a commercial car passenger documents shall not be engaged in commercial passenger activity.

    Motorcycles, passenger non-motor vehicles shall not engage in business activities.

    Three-wheeled vehicle shall not be installed in non-seat passenger transport facilities.

    Fifth (against fake taxi)

    Apart from the taxi, and other cars not spraying taxi private body color, not install taxi private identity of operations and facilities.

    The sixth section (taxi exit requirements)

    Taxi vehicles scrapped or update, the operator shall clear the taxi special body-color identification, special operations and facilities, and updates in 5th after scrappage or, to the Administrative Department for traffic operating certificate cancellation procedures.

    Seventh (recruit)

    Apart from the commercial passenger car drivers, and other personnel shall, in airports, stations, ports, hospitals, commercial and tourism hubs, as well as roads and other public places to receive passengers.

    Eighth (special waiting areas) Municipal or district or County traffic Administration Department in conjunction with the municipal or district and County public security traffic Administrative Department in airports, stations, ports, hospitals, commercial outlets, travel hubs, as well as roads and other public places designated taxi private waiting area.

    Taxi waiting for customers in a dedicated waiting area, other vehicles docked in a dedicated waiting area.

    Nineth (supervision) Traffic law enforcement agencies should strengthen supervision and inspection of illegal passenger vehicle, and corresponding regulatory files.

    Airports, railway stations, ports, hospitals, commercial outlets, travel hubs, as well as roads and other public places, traffic law enforcement agencies should increase efforts to investigate and punish illegal passenger transport.

    Inspected entity or individual shall cooperate with the Department of inspection, and provide the relevant information, and may not refuse or obstruct.

    Tenth (social reporting mechanisms) Traffic law enforcement agencies shall establish a dedicated phone reporting illegal passenger transport, and to the public.

    Department accepting the report shall keep their informants confidential.

    Traffic law enforcement agency upon receipt of the report, it should be immediately launched an investigation, and will investigate and deal with illegal passengers in a month about feedback from informants.

    11th (evidence collection)

    While it is traffic law enforcement agencies investigate and deal with illegal passenger, should have more law enforcement officers on site, and to collect relevant evidence. Traffic law enforcement agency staff should not be used by threat, enticement, deception and other means to collect evidence of illegal passenger vehicles.

    Using evidence obtained this way, not as a basis for investigating illegal passenger vehicles.

    12th (general prohibition of punishment)

    Violation of the provisions of the fourth article, of illegally operating passenger transport activities, by traffic administrative law enforcement agencies in accordance with the relevant provisions of laws and regulations for punishment.

    Violation of the provisions of the fourth paragraph, illegal passenger motor and non-motor vehicles, by the public security traffic Administrative Department is responsible for road checks, collect relevant evidence, refer the case to the municipal or district or County traffic Administration Department, the municipal or district/County traffic Administration Department fined 1000 Yuan more than 5000 Yuan fine.

    Violation of the provisions of the fourth paragraph, three-wheeled bicycle installed seats and other passenger facilities, the municipal or district/County traffic Administration Department fined 1000 Yuan more than 5000 Yuan fine.

    13th (punishment of fake taxi) Violation this provides fifth article provides, non-passenger taxi spray passenger taxi dedicated body color, and installation Dome light or installation pricing device of, by city or district, and County traffic administration sector sentenced 1000 Yuan above 3000 Yuan following of fine; spray passenger taxi dedicated body color, and installation Dome light and installation pricing device of, by city or district, and County traffic administration sector sentenced 5000 Yuan above 10,000 yuan following of fine.

    These cars driven on the road by the municipal or district/County traffic Administration Department fined 20,000 yuan and 50,000 yuan fine.

    Involving the use of forged or altered dedicated taxi licence, operating documents, by the public security organs in accordance with the People's Republic of China relevant provisions of the law on public security administration punishments for punishment.

    14th (the punishment of violations of exit requirements)

    Violation of the provisions of the sixth provision, operators have one of the following acts, by city or district or County traffic Administration Department ordered corrective action and fined 2000 Yuan per vehicle more than 5000 Yuan the following fines:

    (A) does not clear the taxi special exterior color, special trading symbol, or a special trading facilities;

    (B) is not within the time provided for the operating certificate cancellation procedures.

    15th (attract the punishment)

    Violation of the provisions of the seventh article, commercial passenger car drivers than the staff at airports, stations, ports, hospitals, commercial and tourism hubs, as well as roads and other public places to receive the passengers, and the municipal or district/County traffic Administration Department fined 200 Yuan more than 2000 Yuan fine.

    Touting of disturbing order at public places, by the public security organs in accordance with the People's Republic of China relevant provisions of the law on public security administration punishments for punishment.

    16th (violates the provisions dedicated waiting area)

    Violation of the provisions of article eighth, non-taxi taxi parked within a dedicated waiting area, by the public security traffic Administrative Department in accordance with the People's Republic of China dealing with the relevant provisions of the road traffic safety law.

    17th (charging passengers)

    Without obtaining a commercial drivers of passenger documents charging behavior of passengers, by traffic administrative law enforcement agencies in accordance with the provisions of the first paragraph of this article 12th to deal with, but there is evidence that the parties have a legitimate reason, not to punish.

    18th (temporary suspension of vehicle)

    City or district or County traffic administration, traffic law enforcement agencies in accordance with the provisions of relevant laws and regulations, illegal passenger vehicles can be temporarily suspended, and notify the Parties accordingly within the period specified in the specified places.

    Reached end of life conditions of vehicles were temporarily suspended, and the law be scrapped. Accept and carry out the decision on administrative penalty on schedule, traffic law enforcement agencies should be returned promptly suspended vehicles; fails to take care of the traffic administrative law enforcement agencies can make a decision of administrative penalty according to law. Party without due cause fails to carry out administrative punishment decision, in accordance with the relevant provisions after the traffic administrative law enforcement agencies can withhold vehicle law be put to auction.

    Proceeds from the sale after deduction of auction fees, the amount of the fine is more than transportation administrative law enforcement agency shall notify that party to draw.

    19th (delegate of the administrative penalty)

    Violation of the provisions of the Act, by city or district or County traffic Administration Department is responsible for the punishment, the municipal or district/County traffic Administration Department may authorize transportation administration punishment of law enforcement agencies.

    20th (removal)

    Traffic law enforcement agencies and the public security traffic Administrative Department while it is investigating and dealing with illegal passenger, had found violations of tax and environmental protection, fee collection, road traffic safety, passenger operations and other relevant provisions of the Act, but not part of the scope of management in this sector, should be transferred to the relevant departments in a timely manner, be dealt with in a timely manner by the relevant management departments.

    21st (obstruction)

    Traffic law enforcement agencies when investigating and dealing with illegal passenger vehicles, any of the following circumstances, can be handed over to the public security organs in accordance with the process constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) containment, hurt law enforcement personnel;

    (B) Rob the suspension illegal passenger transport vehicles;

    (C) the violent destruction of law enforcement facilities, vehicles;

    (Iv) other violently resist law enforcement.

    22nd (execution date) These provisions come into force on January 1, 2011. June 7, 2006, released by the Shanghai Municipal People's Government, the 60th of the Shanghai City investigating illegal passenger regulations repealed simultaneously.