Administrative Measures On Motor Vehicle Maintenance In Benxi City

Original Language Title: 本溪市机动车维修管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201210/20121000377325.shtml

Administrative measures on motor vehicle maintenance in Benxi City

    (July 25, 2012, Benxi City consideration at the 14th session of the people's Government at the 110th general meeting August 10, 2012, Benxi City people's Government announced the 162th come into force October 1, 2012) Chapter I General provisions

    First to standardize the behavior of motor vehicle maintenance and operation, maintenance of motor vehicle repair market order, according to the People's Republic of China Road transportation and other relevant laws and regulations, based on actual city, these measures are formulated.

    Article within the administrative area of the city motor vehicle maintenance and operation and management procedures apply.

    Motor vehicle maintenance and management in these measures refers to technical condition and to maintain or restore motor function, extended vehicle service life for the work carried out by maintenance, repair and maintenance of rescue, including repair chain, special maintenance and 4S shop (sales, repair, parts, and information service) repair and fast repair, vehicle interior and body cleaning and maintenance activities.

    Article city and County traffic administrative department responsible for the administration of motor vehicle repair industry oversight, management and services, road transport authority of its specific responsibility for supervision and management of vehicle maintenance.

    Planning and construction, environmental protection, public security, law enforcement, water supplies, prices, tax, industry and commerce, quality supervision departments shall, in accordance with their respective responsibilities to do vehicle maintenance management related work.

    Fourth to encourage and guide to motor vehicle maintenance and operators to implement large-scale, intensive, specialized, chain, promoting the construction of service network, promoting Division of rational distribution and coordinated development of the motor vehicle repair industry. Fifth city and County traffic administrative departments shall, in accordance with the overall urban planning, in conjunction with the relevant departments under their jurisdiction motor vehicle maintenance and distribution network, industry development plan, reported to the Government at the same level for approval organization.

    The County (district) Government's motor vehicle maintenance and distribution network, industry development plans shall be submitted to the municipal traffic administration departments.

    Chapter II business license

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

    Motor vehicle maintenance and operating under the maintenance objects are divided into:

    (A) vehicle repair business;

    (B) the transport of dangerous goods vehicle repair business;

    (Iii) motorcycle repair business;

    (D) other motor vehicle repair business.

    According to repair a motor vehicle engaged in the project and service capabilities include:

    (A) a repair business;

    (B) second class maintenance business;

    (C) three types of maintenance operations.

    Motorcycle repair business based on business projects and service capabilities include:

    (A) a repair business;

    (B) second class maintenance business.

    Article seventh get a car repair business, a motor vehicle repair business permission, can engage in the appropriate model for vehicle repair, vehicle repair, Assembly maintenance, repair, rescue, special repairs and maintenance tests on completion of work.

    Two types of auto repair business, b such other motor vehicle repair business licenses can be engaged in motor vehicle repair and Assembly repairs, vehicle maintenance, repair, rescue and special repairs. Get three class car maintenance business business, and three class other motor vehicle maintenance business business license of, can respectively engaged in motor vehicle engine, and body, and electrical system, and automatically transmission maintenance and the body clean maintenance (cleaning, and beauty), and coated paint, and tire moving balance and patch, and four round positioning detection adjustment, and for oil system maintenance and oil replaced, and spray pump and injector maintenance, and crankshaft repair mill, and cylinder boring mill, and thermal device (tank) maintenance, and air conditioning maintenance, and vehicles decoration (tarpaulin, and cushion and the within decorative), and

    Vehicle glass installation and replacement of spare parts and other specialized repair work.

    Eighth were a motorcycle repair business licensing, motorcycle repairs, unit repair, vehicle maintenance, repair and completion of examinations and specialized repair work.

    Get permission from the two types of motorcycle repair business, can go about motorcycle maintenance, minor repairs and special repairs.

    Nineth clauses of the transport of dangerous goods and car maintenance business license, in addition to maintenance of vehicles engaged in the transport of dangerous goods do business outside, you can also engage in a kind of car repair business.

    Tenth section engaged in motor vehicle repair business, to have its business production plant, parking management system, equipment, facilities, personnel, and environmental protection measures, providing repair service shall comply with the maintenance of law, rules, regulations and national standards, the requirements of local standards.

    Fast repair business Union standards by the municipal traffic administrative departments the maintenance industry association, submitted to the municipal departments of standardization administration.

    Section 11th engaged in motor vehicle repair license, shall comply with the layout of vehicle repair outlets, industry development plan, as well as specific conditions stipulated by the State, city and county road transport authorities submit the following materials:

    (A) the application;

    (B) identification of the applicant;

    (C) the place of business within the Realty Management area, there should be proof of consent by the interested;

    (D) enterprises, individual business name prior approval written notice;

    (E) the proposed additional personnel roster and qualifications;

    (F) engaged in land-use rights certificate;

    (VII) in equipment, facilities inventory (of the metering devices to provide certificates or verification certificate);

    (H) file management, quality management, production management, vehicle maintenance management, parts management, maintenance management system and service system of text;

    (I) environmental protection undertakings, as well as related equipment, facilities supporting documents;

    (10) other materials need to be submitted.

    Motor vehicle maintenance managers should obtain the license for motor vehicle maintenance and operation after the relevant registration formalities with the industrial and commercial administrative authority according to law.

    Vehicle maintenance operators of illegal transfer, lease or loan license for motor vehicle maintenance and operation.

    Article 12th maintenance operators to change the licensing for repair operations matters, shall, in accordance with the procedures provided for, making the road transport licensing authority to apply for change of administrative licensing items.

    Operators of three motor vehicle maintenance, without change, alter the licensing for repair operations matters, road transport management institutions should cancel its permit procedures and shall inform operators of motor vehicle maintenance.

    Motor vehicle maintenance and operators need to terminate the business shall, in accordance with the procedures provided for, in the 30th before ending the business to make road transport licensing authority for the license cancellation procedures. 13th validity of the license for motor vehicle maintenance and operation implementation.

    In one or two types of motor vehicle maintenance and operation and maintenance a motorcycle repair business the business license is valid for 6 years engaged in three types of motor vehicle repair business, second class maintenance motorcycle repair business of the operating license is valid for 3 years. Article 14th after the expiry date of the license for motor vehicle maintenance and operation needs continuity, motor vehicle maintenance and operator shall, before the expiry of 30th, made the decision on the original license applications for extension of the road transport administration.

    Motor vehicle maintenance and operator fails to apply for extension of permits, road transport management office shall permit cancellation of its motor vehicle repair license after the expiration.

    Chapter management 15th motor vehicle maintenance and operator shall conduct maintenance license within the scope of business activities.

    Shall not be an offence to engage in the following business activities:

    (A) no motor vehicle repair license, engaged in motor vehicle repair business; sales of spare parts for replacement parts and repair operations;

    (B) using invalid or forged or altered vehicle maintenance operating permit and engaged in motor vehicle repair business;

    (C) beyond the license, engaged in motor vehicle repair business.

    16th motor vehicle maintenance and operator should be in the business place prominently hanging motor vehicle maintenance and operating permits, motor vehicle maintenance and signs, public maintenance projects, fixed working hours, fees, supervision, service system, service commitment and the quality guarantee period, and fixed working hours and closing price reported to the local road transport authority for the record.

    17th motor vehicle maintenance employees, shall, in accordance with the relevant provisions of national and provincial after examination, made above municipal level (municipal) road transport authority issued qualification certificates before they can post.

    Motor vehicle maintenance and operators should be employed in accordance with the provisions of the preceding paragraph staff workers. Article 18th maintenance operators and support shall be made according to the following provisions of motor vehicle maintenance contract in writing.

    Maintenance of motor vehicle operators in the maintenance process, need to change the maintenance project, shall first seek consent of support agreed, and an additional contract.

    (A) motor vehicle repairs, unit repair, minor repairs and vehicle second class maintenance;

    (B) maintenance costs is expected to be more than 3000 Yuan;

    (C) not specified time quota and fees;

    (D) supporting people think should be made.

    Maintenance contract should specify maintenance, quantity, quality, and fees, the subject of accessories and materials provided, time of performance, acceptance criteria, quality assurance and liability.

    Road transportation management agencies should develop harmonized motor vehicle maintenance contract demonstration text.

    Article 19th maintenance operator motor vehicle shall be carried out in approved premises and maintenance.

    Motor vehicle maintenance and choose place and carry out maintenance operations, shall comply with the provisions relating to environmental protection, safety and sanitation, and to take the necessary measures to ensure production safety, prevent pollution of the surrounding environment and affect the normal life of the residents.

    Prohibition of the illegal occupation of roads, sidewalks or use school (except for professional schools), hospital maintenance operation of venues and other places in the region.
20th motor vehicle maintenance and motor vehicle operators may be supplemented, modified, shall not be abandoned and has been included in the national compulsory scrapping of vehicles, must not use the parts assembled vehicles.

    Care were asked to change the motor vehicle body color, shape, the replacement of engines, body or frame, requiring a new engine number, chassis number or vehicle identification number, vehicle maintenance managers should check with the appropriate qualification after the traffic Administrative Department of the relevant certificates issued by public security organs, can be repaired.

    Article 21st support person can independently choose a qualified motor vehicle maintenance and operator, no unit or individual shall not be compulsory or forced to support people in a disguised form of the specified service.

    22nd settlement maintenance costs, vehicle maintenance operators shall issue tax produced by the Department of motor vehicle repair invoices or invoices, and uniform of the repair statement.

    Motor vehicle maintenance provisions of bills and statements issued by the operator is not, care has the right to refuse to pay the costs.

    Motor vehicle maintenance and operator shall not charge maintenance or virtual cash costs of maintenance projects.

    Article 23rd maintenance operators shall, in accordance with the regulations, submit statistical information to the road transport authority.

    Road transport management should keep commercial secrets for motor vehicle maintenance and operator.

    The fourth chapter quality management 24th motor vehicle maintenance and operators responsible for maintenance quality, shall, in accordance with national standards, industry standards and local standards for maintenance.

    There are no standards and norms, can refer to the motor vehicle manufacturers to provide repair manuals, instructions and related technical information for maintenance.

    25th maintenance of motor vehicle operator shall not use fake accessories maintenance of motor vehicles. Motor vehicle maintenance and operators shall establish a parts procurement registration system, record the date of purchase, supplier name, address, product name, specifications, models, and so on.

    Requirements to keep sources can prove purchase vouchers. Motor vehicle maintenance and operators should be identified separately to the factory, Deputy factory parts and repair parts, clearly.

    Supplied accessories should be accompanied by a quality inspection certificates and accessories distribution quality assurance certificate. Supporting people-owned parts and accessories should be provided certificates, and recorded in the vehicle maintenance contract or statements.

    Motor vehicle maintenance and operator installation, use care when people provide repair parts, shall examine the parts certificates, no certificates or have obvious defects, may be used. Article 26th repair vehicles carry out secondary repair, vehicle repair, Assembly, and should be completed quality testing or entrust a qualified motor vehicle testing agency for testing.

    Motor vehicle maintenance and quality inspection for completion, maintenance of quality inspection personnel should the motor repair factory completion certificate was issued; no motor repair factory completion certificate was issued a motor vehicle shall not be delivered, thanks to people can refuse to pay or receive the vehicle.

    Any unit and individual is prohibited counterfeiting, reselling, lent of the motor repair factory completion certificate.

    27th article quality testing of motor vehicle maintenance and inspection body, shall, in accordance with the approved testing scope, using testing equipment approved by the quality and technology supervision departments according to the standard test, ensure that the test results accurately, truthfully provide the test results to prove and take responsibility for results.

    Inspection body and its staff shall regulate, civilized service shall not be illegal change detection projects and standards, not to lower the standard means of engaging in acts of unfair competition. 28th automobile repair operators for two-level maintenance, unit repair, vehicle repair, vehicle maintenance records should be established.

    Vehicle maintenance includes: maintenance contracts, maintenance, maintenance personnel and quality inspectors check chapter, single, factory completion certificate (copy) and statements.

    Motor vehicle maintenance and file retention period is two years. 29th support people on the quality of repair completed repairs should be acceptance.

    Quality does not meet the prescribed maintenance requirements for motor vehicle maintenance and care has the right to demand repair or reduce costs, compensation for losses. Motor vehicle maintenance and motor vehicle pollution control units shall be indicators in maintenance of quality assurance.

    The engine Assembly maintenance and special maintenance of the motor vehicle shall carry out environmental monitoring of pollution prevention, meet the requirements of State and local emissions standards before they can deliver. Article 30th maintenance operators shall implement the national quality assurance system.

    During the quality guarantee period, faulty vehicles for maintenance and quality reasons, maintenance operators shall free repair of motor vehicles, resulting in vehicle damage, shall be liable.

    31st support operators and motor vehicle maintenance and repair disputes, can be obtained in the following ways:

    (A) the parties through consultation;

    (B) applications for road transport authority for mediation;

    (C) apply for an arbitration organization for arbitration;

    (D) initiate litigation to the people's Court.

    Fifth chapter of supervision and inspection 32nd road transport authority enforcement of administrative law enforcement personnel shall be not less than two, should take the initiative to produce their law enforcement documents, the use of civilized language, standard law enforcement.

    Through to inspect or take other legally valid way according to work needs investigation and evidence collection.

    Law enforcement personnel shall be collected by traffic monitor records or evidence relating to audio-visual material, with the relative verification, can be used as a factual basis for administrative penalty.

    Relevant units and individuals shall cooperate with the investigation, provide relevant information, shall not refuse to investigate and to avoid inspection.

    Article 33rd administrative law enforcement personnel 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.

    34th road transport management body shall, in accordance with the relevant provisions for motor vehicle maintenance and operator for quality evaluation, establishment of operators of motor vehicle maintenance and quality files, into the city and public examination results with regular credit appraisal system.

    Annual credit assessment of qualified motor vehicle maintenance enterprises, should be rectification, overdue correction or rectification is not qualified into credibility assessment archive, as a basis for continuation of administrative licensing.

    Original administrative licensed maintenance companies to broaden the scope or maintenance categories should be re-apply for a business license to the administrative organ for industry and Commerce for registration of change.

    The sixth chapter legal liability

    35th motor vehicle maintenance and operators in violation of the regulations, any of the following circumstances, the road transport authority shall order correction within, and a fine of 200 Yuan more than 1000 of the following:

    (A) is not in the business place prominently hanging motor vehicle repair license, motor vehicle maintenance and signs;

    (B) does not provide public maintenance projects, fixed working hours, fees, supervision, service system, service commitments;

    (C) maintenance man-hour and settlement price in accordance with stipulations for the record;

    (D) does not enter into a written contract for the vehicle maintenance;

    (E) motor vehicle maintenance provisions of bills and statements issued by the operator is not;

    (Vi) did not submit statistical information in accordance with the regulations;

    (VII) does not perform repair parts procurement registration system;

    (VIII) failing to establish vehicle maintenance records or files false content;

    (I) failing to enforce the motor vehicle maintenance and quality assurance systems.

    36th motor vehicle maintenance and operators in violation of the regulations, any of the following circumstances, the road transport authority shall order correction within and between 3000 and 1000 Yuan fine of:

    (A) is not in accordance with the provisions of license change procedures;

    (B) employment motor vehicle service technician without qualifications;

    (C) charges for costs of repair or maintenance projects take virtual columns;

    (D) motor vehicle maintenance operators not complying with the prescribed technical standards or norms for maintenance operations;

    (E) forging, resell, lend, repair factory completion certificate;

    (Vi) not complying with the provisions of public maintenance man-hour and settlement unit free of charge. 37th article violation this approach provides, motor vehicle maintenance operators using fake accessories maintenance motor vehicle, bearing repair has scrap of motor vehicle or unauthorized modified motor vehicle of, by road transport management institutions ordered corrected, and confiscated fake accessories and the scrap vehicles; has illegal proceeds, confiscated illegal proceeds, at illegal proceeds twice times above 10 times times following of fine; no illegal proceeds or illegal proceeds insufficient 10,000 yuan of, at 20,000 yuan above 50,000 yuan following fine, confiscated fake accessories and the scrap vehicles

    In serious cases, by the licensing authority shall revoke its business license constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 38th accessories assembled motor vehicles, by the relevant departments in accordance with the People's Republic of China on road traffic safety Act provides for punishment.

    39th article violates these rules, motor vehicle maintenance and operators of illegal transfer, lease or lending license for motor vehicle maintenance and operation, the road transport authority shall order to stop the illegal practice, collect related documents of the transfer, lease, and a fine of less than 2000 Yuan and 10,000 Yuan; has illegally obtained, confiscation of illicit proceeds.

    40th article violates these rules, arbitrarily engaged in motor vehicle repair business, by the road transport authority ordered to stop operating and be punished according to the following provisions, constitute a crime, criminal liability shall be investigated for their:

    (A) illegal to engage in a kind of motor vehicle maintenance and operation, the fines of between 50,000 yuan and 20,000 yuan;

    (B) illegal in the second class of motor vehicle maintenance and operation, more than 10,000 yuan and 30,000 yuan fines;

    (C) an engaged in three types of motor vehicle repair business, more than 1000 Yuan and fined not more than l million.
41st article violates these rules, was not carried out in approved establishments motor vehicle maintenance, rectification by road transportation management agencies, and a fine of less than 1000 Yuan and 3000 Yuan caused damage to municipal facilities, road transport authority transferred management of municipal facilities to deal with it.

    42nd road transport authority when conducting supervision and inspection, the operator of motor vehicle maintenance and operating without a motor vehicle repair license, withholding of repair equipment, tools, and produce uniformly made and withholding documents. Illegal parties in equipment, tools, was suspended within 7th day of to specified places for treatment.

    Fails to accept treatment, road transport management body made the decision in accordance with law, and serve a penalty decision against the party. Illegal parties perform the punishment decision, road transport management body shall immediately return temporarily.

    Illegal party without due cause fails to perform the penalty decision, road transport management body shall, in accordance with the statutory procedures for seizure of repair equipment, tools auction arrived fine, can also apply to a people's Court for compulsory execution.

    Article 43rd motor vehicle maintenance and operators in violation of these regulations, matters related to Department management, by the relevant departments to investigate and punish.

    44th refuse or obstruct the road transport authority performing official duties according to law by law enforcement officials, public security organs in accordance with the People's Republic of China Law on administrative penalties for public security penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 45th refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Article 46th chief law enforcement officers of dereliction of duty, abuse of power, favoritism, bribes, by the unit or by the competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws 47th article of the the measures come into force October 1, 2012. Released on May 4, 1997, the management of motor vehicle repair industry in Benxi City (city, 44th) repealed simultaneously.