Fuzhou Taxi Management

Original Language Title: 福州市客运出租汽车管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379268.shtml

Fuzhou taxi management

    (September 29, 2012 at the Fuzhou City people's Government of the 20th Executive meeting on October 10, 2012, Fuzhou City people's Government promulgated as of January 1, 2013, 55th) Chapter I General provisions

    First to strengthen the management of taxi, protect the legitimate rights and interests of passengers, operators and drivers, and promote the healthy development of the taxi business, according to the relevant laws and regulations, combined with the city's actual, these measures are formulated. 

Referred to in article taxi (hereinafter referred to as the taxi), refers to access to business use, according to passengers willing to provide passenger services, according to the time and mileage charges of the five following cars.

    Operators mentioned in these measures refers to the enterprises, individual businesses engaged in the taxi business.

    Article these measures apply to taxi in the city's business and administrative activities. 

Article fourth of Transport Department is the taxi industry in Fuzhou City authorities, responsible for organization and implementation of this approach; Fuzhou Road transport management body is responsible for business activities to implement daily supervision and management.

    Municipal public security and traffic, planning, finance, price control, environmental protection, industry and commerce, taxation, quality and technical supervision, human resources and social security administrative departments shall, in accordance with their respective responsibilities, to joint management of the taxi industry. Article fifth taxi industry development plan should be considered as an integral part of urban public transport planning into the city's general plan for national economic and social development.

Municipal transportation authorities shall, in accordance with the special plan for the development, economic and social development needs of a taxi and reported to the municipality for approval.

    Municipal development planning and market supply and demand situation according to the taxi, taxi scale control and reasonably determine and publish the taxi put in total.

Sixth to encourage taxis to implement large-scale, company management, establishment of clear property rights and responsibilities, in line with the modern enterprise system of taxi companies.

    Taxi companies should improve management, promote the use of environmentally-friendly, energy-saving vehicles, advanced monitoring and dispatching management system.

Seventh taxi operators and drivers shall operate, honesty, fair play, safety and civilized service.

    Road transport, management bodies and business enterprises should establish a complaint handling system, receiving complaints and monitoring.

    Article eighth taxi industry association is a voluntary community groups with the participation of taxi operators, should be in accordance with the articles of Association, and play a role of industry self-regulation, coordination, service and assist the relevant departments management of taxi industry and urge taxi operators in China, business law and civil service, and shall safeguard the legitimate rights and interests of the operator.

    Chapter II business right

    Nineth engaged in business enterprises and individuals shall be compensated in accordance with these measures the business right. Business access to cycling for the purpose of calculating units, each one used car business right.

    During the term of use, using the right to operate the taxi can be updated in accordance with the provisions of the vehicle.

    Article new business tenders of the right granted to eligible businesses, using a term not exceeding ten years. 11th cab by municipal transport authorities the time of use right free to recover and channelled back to take tender again put on the right uses the term not exceeding ten years.

The original business of the holder of the right to participate in the tender, equal priority to business use.

    This approach has been achieved prior to the implementation of the business use provided that the term is not explicitly used, their right to continue to use it.

    Article 12th business enterprises or individual right should be right to use contracts with the municipal transport authorities, and by the municipal transport authorities presented the business registration certificate.

13th business made three years after the date of the right may be transferred, the enterprise made right except through mergers, acquisitions. According to the relevant regulations of the tax authorities to pay taxes when you transfer and urban road transportation management agencies to apply for alteration registration, public security, industrial and commercial sectors based on the change of business the right to registration of the relevant formalities.

Without registration, the transfer is invalid.

Enterprise business-use rights may not be transferred to the individual.

    Individual transfer of business rights, the Enterprise shall comply with the conditions laid down in article 16th; the individuals should be 18 years of age, with a permanent residence in this city.

    14th pledge of taxi use right according to law, should be submitted to the municipal transportation authority check.

    Chapter three taxi operators

15th enterprise and individual should be qualified as a business card, vehicle operating certificates, achieved in taxi driver and passenger after the certificate of eligibility and service supervision card, before engaging in the taxi business activity.

    Against the fake, counterfeit taxi license plates, identification activities.

16th enterprise engaged in taxi business, subject to the following conditions:

(A) have the status of enterprise legal persons and registered capital reached the required standards;

(B) up to the required standards, the required number of rental vehicles, facilities, equipment, mark;

(C) have a fixed office space and commensurate with the scale of private car park;

(D) have a good bank credit and finances;

(E) adapt to business and to pass the training test driver, commensurate with the business of technical, financial, and business management.

    The specific conditions referred to in the preceding paragraph, establish rules and published by the municipal transportation authority.

17th municipal transportation authorities should develop a taxi business grade grading organized taxi companies on a regular basis, and the evaluation results to the public.

Engaged in the business of individual applications to set up a taxi company, should have a certain scale, and in accordance with the conditions laid down in article 16th. Encourage and support the taxi companies through mergers, acquisitions and other ways to expand the scale, level up.

    Specific support policies formulated by the municipal transportation authorities and reported to the municipality for approval.

18th cab operators shall comply with the following provisions:

(A) strict compliance with management responsibilities, strengthening continuing education for drivers, implementation of courteous driving, civil service, safety, vehicle appearance condition examination of the management system;

(B) the labor contract with the pilots according to law (or employment agreements, management contracts) shall pay social insurance premiums for the driver, and protect legal rights of employed drivers;

(C) the complaints of passengers, shall promptly investigate and deal with, and in response within 3rd day of acceptance;

(D) subject to the municipal transport authorities, road transport management, management supervision and guidance of the management;

(E) the laws, regulations and other requirements.

    Taxi companies should also develop and implement contingency plans to unexpected events, discouraged and stop in time to disrupt the social order.

19th enterprise engaged in the business of self-employed commissioned a taxi, shall sign a written contract, registration, road transport management, and to institutions.

    Authorized taxi companies should strengthen supervision and administration of Commission management of vehicles and their drivers, organization of driver training, relevant documents and vehicle testing procedures, and assisting the principal and its driver to solve business problems in the process.

20th of municipal transport, price departments shall, in accordance with the taxi operating costs, level of enterprise making contracting, management guidance, and announced to the public.

    Taxi businesses, self-employed, contract between the driver fees, management fees and standards shall be determined according to the price, and report to the municipal transport authorities for the record.

    The fourth chapter of drivers and passengers

21st taxi drivers shall meet the following conditions, and shall obtain the city transportation taxi driver's passenger certificate issued by the competent authorities: (a) resident in the city residence or temporary residence permits issued by the public security organ of the city for more than a year;

(B) C1 motor vehicle driver's license above, and have for more than three years driving experience;

(C) health and age less than 60 years of age;

(D) more than three years without a major accident major or equivalent responsibility records;

    (E) by the municipal administration of road transportation organization examination.

22nd taxi cab operators shall employ qualified as a passenger certificate of taxi drivers.

Taxi drivers in passenger transport activities, shall have signed labor contracts with the taxi operators (or employment agreements, management contracts) and the passenger cab driver qualifications apply to road transport management authority to register and receive the service supervision card.

    Taxi operators should be scheduled after the taxi driver to handle passenger registration posts, taxi driver registration measures prescribed separately by the municipal transport authorities.

23rd taxi driver should provide convenient and timely service, safety, health, civilization, the old, the weak, the sick, disabled, pregnant and in need of rescue personnel available for cars.

    In case of emergency rescue and disaster relief, the main passenger hub for serious shortage, major events and other special cases, operators and drivers, road transport, should be subject to uniform dispatching and commanding of the regulatory body.   Article 24th of taxi driver while in operation shall comply with the following requirements:?

(A) onboard the vehicle operating permit, a taxi driver's passenger certificate, in accordance with the regulations place the service supervision card and certification services;

(B) wear clean, languages, civilizations, smoking isn't not to litter outside the car;

(C) to strictly observe traffic regulations, no red light, illegal parking, overtake, turn or make a turn, not allowed to use mobile phones while driving;

(D) select the most convenient routes or passenger requirements, for some reason really necessary when the bypass should truthfully explain the situation to the passengers;

(E) carrying passengers shall not solicit the other passengers;

(F) the proper use of the mileage meter, according to the mileage meter displays the amount of shipping charges, taxi invoices issued by the initiative;

(VII) use monitoring system for terminal equipment;

(H) the timely return of the passengers of the items lost in transit vehicles, unable to return, sent in a timely manner the taxis, road transport management, Enterprise, institution or a public security organ;

(I) in a taxi business site location should be at the specified place within the site lined up passengers, shall not leave the vehicle to solicit passengers or outer the showmanship at the business site;

    (J) provide continuous transportation service to passengers, shall not be dumped, extort passengers are not allowed to replace their vehicles.

    25th taxi operators and drivers, road transport, shall, in accordance with the authority of the shift timing shift, shift time should be in the body visible identification.

26th article except for the following cases, taxi drivers may not refuse passengers:

    (A) passengers suffering from mental illness or alcohol, no normal company;

(B) passenger requires entering the forbidden section or request overload;

    (C) the passenger carrying flammable, explosive, toxic and other dangerous goods or other controlled substances;

    (D) the passengers using taxis for criminal activities;

    (E) passengers are asked not to pay-per-use meter.

27th taxi drivers have one of the following, as refusing:

(A) for rent conditions, refused to provide passenger services;

(B) carrying passengers without any justified reason, a break in service;

    (C) not subject to management officers have been deployed in the taxi business site.

28th taxi for shift or other reasons out of service should first clear display "suspension of service" sign.

    Taxi meter out failure, should be out of service.

    Article 29th taxis in the city shall not act as starting point in the city within the city limits of taxi activities.

    30th bus passengers should civilization, no littering, no smoking, does not deface the vehicle.

31st passenger shall pay the fare according to the mileage meter displays the amount, as well as bridge, transit, transition provisions, fuel surcharge and other fees.

    Any of the following circumstances, passengers can refuse to pay the rental fee: (a) do not use the meter or not complying with the requirement to use the meter, (ii) does not charge bills issued; (c) vehicle malfunction or accident in the starting fee mileage cannot complete delivery service.

Article 32nd taxi tariffs imposed uniform standards.

    City price control authorities and the municipal transport departments under market conditions, reasonable rate making standards and establishing freight rates and oil price linkage mechanism, adjust tariffs.

    Fifth chapter of vehicles and service facilities

   33rd taxi shall meet the following requirements:

(A) comply with the municipal transport authorities of taxi vehicle technical standards, (ii) the licence plate number clear and complete, place roof lights, body-color compliance tones, indicating the name of the business unit and supervision on both sides;

(C) installation of automatic print notes mileage standards by taxi meter, posted mileage tariff and non smoking sign;

(D) in accordance with the provisions of the monitoring system of Terminal, and ensure that it is in good working condition;

(E) vehicle appearance neat, vehicles in good condition.

    Using the gas vehicle engaged in the taxi business, shall, to quality and technical supervision and management departments registration procedures for inspection, and compliance with the provisions relating to safety management of special equipment. Article 34th taxi update period for not more than five years, since public security traffic Administrative Department of the vehicle calculated from the date of initial registration, update years by municipal transport authorities in accordance with vehicle reasonable determination, condition, emissions and other factors.

Update vehicle shall conform to the 33rd requires these measures.

    Taxi to reach update period, should stop working, go through the operating certificate cancellation and update procedures, removal, taxi-related operations, and facilities for cancellation.

35th taxis should be kept in good condition and in accordance with the provisions for maintenance and testing. 

    Taxi vehicle appearance condition shall conform to the standards prescribed, not up to the required standard, may engage in trading activities. 36th city, road transport management should establish the city's Internet-connected taxi surveillance command and control system, Enterprise shall set up its support of the dispatching station by taxi.

    Taxi monitoring system can access public security alarm system. 37th urban taxi site shall be incorporated into the overall planning of urban construction.

    Construction of urban passenger terminal, airport, subway, dock, railway station, bus station, bus terminal station, large commercial areas, hospitals, hotels, tourist attractions such as curbside and a large crowd of public place, shall have taxis waiting for customers for free site under construction. 38th to encourage taxi taxi service of enterprises, stations should have open space, catering, cleaning, maintenance and other services.

    Taxi service station construction according to the nature of urban public utilities for, granted by the financial suitable subsidies.

    39th of municipal public security traffic Administrative Department shall, in accordance with the convenience of passengers principles and road traffic conditions, traffic lines and taxi stops are set up and adjust.

    Supervision and administration of the sixth chapter

40th transportation departments should be strictly in accordance with the terms and procedural conduct supervision and inspection on the taxi situation, when conducting supervision and inspection, two or more law enforcement personnel shall participate in and present a law enforcement document.

    Taxi operators, taxi drivers should be subject to Transportation Department, road transportation management agencies and other law enforcement departments to check, provide relevant information, and may not refuse or hinder or obstruct. 41st City Road Transport Authority an annual audit of taxi-related, and operation shall be recorded on the card. 

    Failed to pass the certification shall be ordered to stop operations and rectify. 42nd city transportation departments annual management of taxi companies target assessment, on their level of qualification, basic conditions, business practices, workplace safety, responsibility and management of a comprehensive evaluation, and reward and punishment assessment results.

    Specific assessment measures shall be formulated separately by the municipal transport authorities. Article 43rd taxi driver's passenger certificate management the implementation of scoring by the municipal administration of road transportation agencies operation of taxi drivers, service quality and civilization aspects of driving and traffic safety annual assessment.

    Taxi driver violation points in excess of the prescribed score should retake the job training for taxi drivers.

    44th taxi companies, driver access to city-level honor, should be rewarded. 45th passengers, operators and drivers of the legitimate rights and interests have been violated has the right to complaint to the road transport authority or authorities. Passenger complaints should fare, such as invoices and travel-related evidence.

    Complaint bodies, departments shall, from the date the complaint will inform complainants of the outcome in the 15th.

    46th article the related administrative law enforcement sector and staff shall not has following violations operators lawful rights and interests of of behavior: (a) assessed or charged illegal set costs; (ii) issued illegal set card, and as, and card; (three) using terms free ride taxi; (four) abuse detained taxi or card as; (five) forced purchase non-statutory of or specified units of items; (six) other violations operators lawful rights and interests of of behavior.

    The seventh chapter legal liability

47th article violates these rules, and has not obtained the right to use the business engaged in trading activities, by the road transport authority in accordance with the People's Republic of China regulations on road transport to investigate.

    Breach of the first paragraph of article 18th (b) the provision, by the Department of human resources and social security, in accordance with the People's Republic of China Labour Act and other relevant provisions.

48th article violates these rules, taxi operators have one of the following actions by the municipal transportation Department ordered corrective action and more than 5000 Yuan and fined a maximum of 20000:

(A) the breach of the first paragraph of article 18th (d) or paragraph;

(B) violation of the provisions of the second paragraph of this article 19th;

(C) the taxi taxi management, violation of this regulation within one year of being transport authorities punished more than 20% their business vehicles number of vehicles;

    (D) does not require certification or verification failed operations.

49th article violates these rules, taxi operators have one of the following actions by the municipal transportation Department ordered corrective action, and between 3000 and 1000 Yuan Yuan the following penalties: (a) employ personnel without a passenger certificate to drive a taxi engaged in business activities;

(B) stipulates that registration of persons employed is not driving a taxi engaged in business activities;

(C) compliance monitoring system of terminal are not installed in accordance with the regulations;

    (Iv) breach of the first paragraph of article 18th (a), (c) and (e) provided one of the.

50th article violates these rules, taxi drivers have one of the following acts by the municipal transport authorities between 2000 and 1000 Yuan fine; the circumstances are serious, shall be ordered to stop operations: (a) without a taxi driver's passenger certificate or invalid cab driver's passenger certificate holders engaged in the operation;

(B) violation of the provisions of article 29th of this approach;

(C) do not use, do not use the meter or not according to meter the amount of fees; (iv) without affecting the operational order of the adjustments the meter;

(E) the mileage meter failure, loss of time to continue the operation;

(F) operational activities of register is not driving a taxi;

(G) the 27th one of refusing to act under these measures;

(H) the share of soliciting other passengers;

(IX) detour for no reason;

(J) in a taxi business sites sites, not complying with the provisions of lining up passengers, or leave their vehicles to attract passengers in the outer the showmanship, soliciting business site, engaged in brokering activities;

(11) while in transit passengers change cars or the transfer of passenger transport of others;

    (12), lent, rented or altered passenger certificate.

51st taxi operators or pilots disrupt trading orders, if the circumstances are serious, are operators, run by municipal transport authorities to cancel the taxi use, is a pilot, by the municipal transport authorities to cancel the taxi driver passenger status.

    Taxi drivers in a year is 50th by transport authorities in accordance with the means (c), (d), (VII), (VIII), (IX), (11), (12) provisions should exceed two times, cancellation of taxi drivers by the municipal transportation authority passenger status. 

    52nd article violates these rules, taxis do not put up a price list or not the body visibly identify the shift period, the municipal transport authorities shall order the taxi operators to correct, and fined a maximum of between 500 Yuan and 200 Yuan.

53rd in violation of these rules, a taxi vehicle appearance are not clean and tidy or not complying with the requirement to use surveillance system Terminal, by the municipal transport authorities shall order the driver to correct; it refuses, fined a maximum of between 500 Yuan and 200 Yuan.

Violation of these rules, any of the following acts by the municipal transport authorities shall order the driver to correct, and between 500 Yuan and 200 Yuan the following fines: (a) without service supervision card or invalid service supervision card operations;

(B) according to the provisions placing service supervision card or special identity, logo and (iii) is not required to carry a taxi driver's passenger certificate or vehicle operating license;

    (D) not complying with the provisions issued by the charging instrument.

    54th taxi operators in violation of these regulations is punishable by a fine, penalties shall not be passed on to the principal or the driver.

55th taxi driver's license being suspended, revoked, respectively suspended, revoked the taxi driver's passenger certificate and service supervision card.

    Taxi driver's passenger certificate and service supervision card revoked, not for them in three years.

    56th article violates this article approaches 46th, operators of infringement of legitimate rights and interests of relevant administrative law enforcement departments, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The eighth chapter supplementary articles

    57th municipal transportation authorities in accordance with this approach to implementation details. 

    Article 58th of the counties (cities) taxi management in accordance with the measures implemented. 59th these measures come into force on January 1, 2013. On June 17, 2001 issued by the Fuzhou City people's Government municipal taxi management policy (Ficus governance (2001), 16th) and the Fuzhou municipal taxi management measures for the assignment and transfer of the right (Ficus governance (2001), 15th) repealed simultaneously.