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Administrative Measures On Motor Vehicle Maintenance In Benxi City

Original Language Title: 本溪市机动车维修管理办法

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Management of mobile vehicles in the city

(Summit No. 110 of 25 July 2012 of the Government of Japan lobstered for the consideration of the adoption of the Decree No. 162 of 10 August 2012 of the People's Government Order No. 162 of 10 August 2012.

Chapter I General

Article 1 provides for the regulation of the operation of the motor vehicle maintenance industry, the maintenance of a market order for motor vehicle maintenance and the development of this approach in line with the relevant legal regulations, such as the People's Republic of China Road Transport Regulations.

Article 2

This approach refers to activities such as maintenance, repair, repair and maintenance of motor vehicle life as part of the operation, including maintenance locks, special maintenance and 4S stores ( sale, maintenance, distribution and information services).

Article 3. The municipal, district transport administration authorities are responsible for the supervision, management and services of the motor vehicle maintenance industry in this administrative area, and their road transport management agencies are specifically responsible for the supervision of motor vehicle maintenance.

Public safety, environmental protection, planning, integrated law enforcement, water prices, taxes, business and quality sectors should work together in the management of motor vehicle maintenance in accordance with their respective responsibilities.

Article IV encourages and directs operators to implement scales, collation, professionalization, lock-out operations, to promote networking of maintenance services, and to promote a rational division of labour and coordination in the motor vehicle maintenance industry.

Article 5 Municipal, district transport administrations should be organized after approval by the same Government, in accordance with the overall urban planning requirements. Mobile vehicle maintenance nets developed by the Government of the District (zone) and industrial development planning should be presented to municipal transport administration authorities.

Chapter II

Article 6.

The motor vehicle maintenance operation is divided according to the maintenance target:

(i) A vehicle maintenance operation;

(ii) The operation for the maintenance of hazardous cargo vehicles;

(iii) motor vehicle maintenance operations;

(iv) Other motor vehicle maintenance operations.

Depending on the maintenance of motor vehicle operations and service capacity, the following are:

(i) Type of maintenance operations;

(ii) Two types of maintenance operations;

(iii) Three categories of maintenance operations.

The motor vehicle maintenance operation is divided according to operational project and service capacity:

(i) Type of maintenance operations;

(ii) Two types of maintenance operations.

Article 7. Access to a type of automotive operation, a type of other motor vehicle maintenance operation permit, can be carried out for the repair, repair, repair, maintenance, minor repair, maintenance, special repair and maintenance of completed work tests.

A second type of vehicle maintenance operation, a second type of other mobile vehicle maintenance operation licence, could be carried out in the repair of motor vehicle vehicles, repair, repair, maintenance of vehicles, minor repairs, maintenance and special repairs.

Access to three types of automotive operation, three other mobile vehicle maintenance operations permit, can be carried out by motor vehicle engines, cars, electrical systems, automotive vouchers maintenance and vehicle cleaning (clearing, sensor), paints, cyclical balance and renovation, four rotation test adjustments, maintenance of the oil system and replacement of oils, spray pumps and fuel sprayers, maintenance of the axes, hydration, heat repairs, heater maintenance, hydration, hydration, hydration, and vehicle maintenance, maintenance and replacement.

Article 8. Access to a type of motor vehicle maintenance operation permit may be carried out in the repair of motor vehicle vehicles, repair of the whole, maintenance of the vehicle, minor repairs, completion tests and special repairs.

A second type of motor vehicle maintenance operation permit can be obtained through the maintenance of motorcycles, minor repairs and special repairs.

Article 9 has access to operational licences for the maintenance of dangerous cargo vehicles and, in addition to the operation of the maintenance of dangerous cargo transport vehicles, a type of automobile maintenance operation could be undertaken.

Article 10 applies for the operation of motor vehicle maintenance, and for production plants, parking sites, equipment, facilities, technicians, management systems and environmental protection measures that are adapted to their operations, the provision of maintenance services should be consistent with the requirements of motor vehicle maintenance laws, regulations and national standards, local standards.

The fast-track operating alliance standards are developed by the Urban Transport Administration Association for the Maintenance of Industry, which is presented to the ISO administrative authorities.

Article 11. Applications for the operation of a motor vehicle maintenance licence shall be in line with the MSIL, the industrial development planning and the specific conditions set by the State for the submission of the following materials to the urban, district road transport management bodies:

(i) Applications;

(ii) The applicant's identity certificate;

(iii) The operation of the area in which the material industry manages, and the proof that the owner agrees;

(iv) Pre-approval of the name of an enterprise, individual business and business holder;

(v) A roster of practitioners and a certificate of employment;

(vi) The right to use the premises;

(vii) List of equipment, facilities (subject to measurements, provision of qualified certificates or inspection of qualified certificates);

(viii) Texts and service systems such as quality management, safe production management, vehicle maintenance archives management, equipment management, distribution management;

(ix) Environmental protection commitments and related equipment, facilities certificate materials;

(x) Other submissions.

The motor vehicle maintenance operator shall, after having obtained a motor vehicle maintenance licence, carry out registration procedures under law to the business administration.

The owner of the motor vehicle maintenance is prohibited from illegally transferring, renting, and from operating licences for motor vehicle maintenance.

Article 12 Changes in the maintenance of business licences by motor vehicle maintenance operators shall apply for changes in administrative licences to road transport management authorities that have administrative licence decisions, in accordance with established procedures.

The operators involved in the three types of motor vehicle maintenance, which were not subject to a change procedure, were unauthorized to change the operating licence, and the road transport administration should write off its licence procedures and inform mobile vehicle maintenance operators in accordance with the law.

The motor vehicle maintenance operator will need to terminate the operation and shall, in accordance with the required procedures, proceed with the licence write-off procedure for the road transport management body that took administrative licence decisions within 30 days of termination.

Article 13 Operational licences for motor vehicle maintenance are in force. The Operational Licence for the Maintenance of one, two types of motor vehicle maintenance operations and a type of motor vehicle maintenance operation is in effect for six years; three years for the operation of three types of motor vehicle maintenance operations, and the operation of two types of motor vehicle maintenance operations for the maintenance of the Operational Licence.

Article XIV will need to be sustained after the effective expiry of the licence for the operation of motor vehicles, and the operators of motor vehicle maintenance shall submit an extension request to the road transport management body that has taken the original licence decision by 30 days before the expiry of the effective period. The motor vehicle maintenance operator had not applied for the extension of the licence, and the road transport administration should write its licence for motor vehicle maintenance after the expiry of the licence period.

Chapter III

Article 15. The motor vehicle maintenance operator shall engage in maintenance activities within the scope of the licence operation. No violation shall be carried out as follows:

(i) The absence of a licence for the operation of motor vehicle maintenance and the operation of motor vehicle maintenance; and the sale of spare parts for replacement of spare parts maintenance operations;

(ii) The use of unavoidable, forged and mobile vehicle maintenance licences for the operation of motor vehicle maintenance;

(iii) Beside the licence matter and operate with motor vehicle maintenance.

Article 16 Operators of motor vehicle maintenance shall operate a licence, a motor vehicle maintenance mark, a demonstration of maintenance projects, work hours, fees, supervision of telephones, service systems, service commitments and quality assurance periods, and will report on the local road transport management requests at the time of the work.

Article 17 Drivers for motor vehicle maintenance should be given a uniform examination, in accordance with the relevant provisions of the State and the province, to the post-qualification documents issued by road transport management authorities above (including the municipal level).

The motor vehicle maintenance operator should hire persons in line with the preceding paragraph.

Article 18 Operators and Tourers shall enter into a written contract for motor vehicle maintenance in accordance with the following provisions. In the course of maintenance, the motor vehicle maintenance operator will need to change the maintenance project, with the prior consent of the requisitioner and conclude supplementary contracts.

(i) Restructuring of motor vehicles, repairs, minor repairs and vehicle-level maintenance;

(ii) The cost of maintenance is projected to be over $3000;

(iii) No provision is made for the duration of the work and the fees;

(iv) The Inspectors believe that it should be concluded.

The maintenance contract should clarify the number, quantity, quality, fees, parts and materials provided, the duration of implementation, the criteria for receipt, the quality assurance period and the liability for breach.

The road transport administration should develop a model text of a unified motor vehicle maintenance contract.

Article 19 The motor vehicle maintenance operator shall carry out a motor vehicle maintenance operation within the authorized operating space.

When motor vehicle maintenance operators choose to operate and carry out maintenance operations, the relevant provisions such as environmental protection, safe production and communal sanitation should be adhered to, and the necessary measures are taken to ensure safe production, prevent the pollution surrounding environment and affect the normal life of the population.

Maintenance operations are prohibited for illegal occupation of roads, pedagogical or schools (other than professional schools), and for other public places in the hospital area.

Article 20 motor vehicle maintenance operators shall not be allowed to renovate motor vehicles, nor shall they be used for the replacement of vehicles that have been reported and have been included in the State's mandatory coverage.

The Tourers demanded a change in the colours, exterminations, replacement of engines, cars or cars, and a need for re-entry, vehicle number or vehicle identification codes, with the corresponding qualifications of motor vehicle maintenance operators.

Article 21, the motor vehicle inspector may have an autonomous choice of mobile car maintenance operators with corresponding qualifications, and no unit or individual shall be forced to designate maintenance agents as inspectors.

In the context of the settlement of maintenance costs, motor vehicle maintenance operators should open specialized invoices for the maintenance of motor vehicles or value-added tax value, which are uniformed in the tax sector, and accompany the harmonized checklist on vehicle maintenance.

The motor vehicle maintenance operator does not have the required settlement tickets and the settlement list, which is entitled to refuse payment.

The motor vehicle maintenance operator shall not charge only for the maintenance of repairs or for the maintenance of the project portfolio.

Article 23 Empower operators should send statistics to road transport management agencies, as required.

Road transport management authorities should conservative commercial secrets for motor vehicle maintenance operators.

Chapter IV Quality management

Article 24 is responsible for the quality of maintenance by motor vehicle maintenance operators and should be maintained in accordance with national standards, industry standards and local standards. There are no standards and norms that can be maintained in the light of the maintenance manuals provided by mobile vehicles, the use of notes and related maintenance technical information.

Article 25 Liberal car maintenance operators may not use falsely distributors to maintain mobile vehicles.

The motor vehicle maintenance operator should establish a copyright procurement registration system to record the purchase date, the name of the supplier, the address, the name of the product, the specifications and the application of the vehicle. The original voucher that can prove the source of the goods is preserved by the provisions.

The motor vehicle maintenance operator should mark the plant, the sub-centres and the repairs, with a minimum value. The submissions should be accompanied by a quality test of the product and the distribution of quality assurance certificates.

The Tourers themselves should provide qualified documentation and be documented in the motor vehicle maintenance contract or settlement checklist. When the motor vehicle maintenance operator is installed, the use of the maintenance of the trustee is provided, it should be ascertained that there is no qualification or a clear error.

Article 26 The second maintenance of motor vehicles by motor vehicle maintenance operators, overall repair and repair of the vehicle should be carried out by the completion of the quality test or the commissioning of a qualified mobile vehicle test body. The quality test of the motor vehicle maintenance was qualified and the maintenance quality test staff should issue a “climate certificate” for the construction of the vehicle repairs; motor vehicles that were not issued for the construction of the vehicle maintenance certificate; and no use could be delivered and the inspectors could refuse payment or receive the vehicle.

No unit or person is prohibited from falsifying, selling and transferring a certificate of eligibility for the vehicle repair.

Article 27, which assumes the quality test of motor vehicle maintenance, shall use the testing equipment approved by the quality technical supervision sector, based on standards, to ensure that the results are accurate, as evidenced by the test results, and assume responsibility for the results.

Testing agencies and their staff should regulate, civilization services, and non-compliance with additional testing projects and fees standards shall not be carried out in a manner that reduces the criteria.

The second eighteen vehicle maintenance operators maintain a second-tier maintenance of motor vehicles, repair and repair of the vehicle and should establish mobile vehicle maintenance files. The main elements of the mobile vehicle maintenance file include maintenance contracts, maintenance projects, specific maintenance personnel and quality test personnel, testing orders, completed vouchers (copies) and settlement checklists.

The maintenance of mobile vehicles is maintained for two years.

Article 29 provides that the quality of motor vehicle maintenance for the repair of completed works should be collected. The quality of the repair of motor vehicles is not in accordance with the agreed maintenance requirement, and the licensor has the right to require the return of the operator to repair or reduce the costs, compensation losses.

The mobile vehicle maintenance unit should incorporate the vehicle pollution control indicators into the maintenance quality assurance content. Mobile vehicles for the overall repair and polluting of engines should be monitored in environmental protection, consistent with national, local-mandated end-of-mission standards.

Article 31 Empower operators should implement the quality assurance system established by the State. During the quality assurance period, motor vehicle maintenance operators should be free of charge for the repair of vehicles, resulting in vehicle damage and should be liable under the law.

Article 31 Disputes between the inspector and motor vehicle maintenance operators may be resolved through the following:

(i) Consultations between the parties;

(ii) To apply for mediation by road transport management authorities;

(iii) The application of arbitration by law;

(iv) To prosecute the People's Court.

Oversight inspection

Article 32 shall not be less than two persons in the administration of law enforcement by road transport management authorities, and they shall, on the initiative of presenting law enforcement documents to the parties, use civilized languages and regulate law enforcement. The evidence can be investigated by way of inspection on the ground or by other lawful and effective means of work.

Law enforcement officials may serve as a factual basis for administrative penalties, after verification by their counterparts.

The relevant units and individuals should actively cooperate with the investigation, and, if so, should not refuse to investigate and circumvent the inspection.

In accordance with the legislative authority and procedures, administrative law enforcement officials should conduct oversight inspections of motor vehicle maintenance operators, refrain from abuse of their functions, favouring private fraud, and should not impede the normal operation of motor vehicle maintenance operators.

Article 34 should conduct a quality vetting of motor vehicle maintenance operators in accordance with the relevant provisions, establish the quality certificate of the motor vehicle maintenance operator, incorporate the entire municipal credit appraisal system and regularly disclose the results to society.

The annual credibility appraisal exercise does not have a qualified motor vehicle maintenance business, and should be restructured at a time period of time, which is not restructured or reflexible and incorporated into the reputational archaeological file as the basis for whether administrative licences will be continued.

Maintenance companies that have obtained administrative licences are proposed to expand the scope of operation or improve the types of maintenance, which should be reclaimed after the licence is issued to the business administration.

Chapter VI Legal responsibility

Article XV Operators of motor vehicle maintenance violates this approach by one of the following cases, by road transport management agencies responsible for the period of time and fines of up to 1000 dollars:

(i) Licences for the maintenance of mobile vehicles, motor vehicle maintenance markings, which are not visible in the place of operation;

(ii) No provision for public maintenance projects, hours of work, fees, supervision of telephones, service systems, service commitments;

(iii) The amount of the maintenance work and the settlement of the single price are not specified;

(iv) No written motor vehicle maintenance contract, as prescribed;

(v) The owner of the motor vehicle maintenance operation has not given the required settlement and settlement list;

(vi) No statistical information is provided as required;

(vii) Non-implementation of the procurement registration system for the maintenance of the assigned amount;

(viii) The establishment of vehicle maintenance files or archival breaks, as prescribed;

(ix) Execution of the quality assurance period for the maintenance of motor vehicles, as prescribed.

In violation of this approach by motor vehicle maintenance operators, there are one of the following cases, which are to be converted by road transport management authorities and fines of up to $3000 million:

(i) No procedure for the modification of the licence matter in accordance with the provisions;

(ii) The recruitment of motor vehicle maintenance technicians does not obtain a certificate of employment;

(iii) Costs for maintenance projects that are not repaired or are not charged;

(iv) The operators of motor vehicles are not subject to prescribed technical standards or to regulating maintenance operations;

(v) Failing, selling and redirecting the vehicle maintenance certificate of eligibility;

(vi) The amount determined at the time of the maintenance and the settlement of the single price is not specified.

In violation of this approach, the motor vehicle maintenance operator uses a pseudoepheded and distributive vehicle for repair of the damaged motor vehicle or for the unauthorized replacement of motor vehicles by road transport management orders and forfeiture of false and distributive vehicles; forfeiture of proceeds of crime, forfeasing the proceeds of the violation, paying more than 10 times the fine of the proceeds of the offence; forfeiture or forfeiture of the offence; and forfeiture of the offence; and forfeiture of an offence.

Article 338 uses a mandating vehicle and is punishable by the relevant authorities in accordance with the People's Republic of China Road Traffic Safety Act.

Article 39, in violation of this approach, provides that the owner of the motor vehicle maintenance is illegally transferred, rented, licensed to carry out the licence for the maintenance of the motor vehicle and is responsible for the cessation of the offence by road transport management authorities, the collection of transfer, rental-related documents, and fines of up to 1 million yen in the year 2000 yen; the proceeds of the offence are confiscated.

Article 40 violates the provisions of this approach by acting with the responsibility of the road transport administration to put an end to its operation and to punish it in accordance with the following provisions, which constitute a crime and hold its criminal responsibility under the law:

(i) In violation of a type of motor vehicle maintenance operation, a fine of up to 50,000 yen;

(ii) A fine of up to 30,000 dollars for the maintenance of two types of motor vehicles in violation of the law;

(iii) Execution of three types of motor vehicle maintenance, with a fine of up to $100,000.

Article 40 violates the provisions of this approach that do not carry out a motor vehicle maintenance operation within the authorized operating space, be corrected by the road transport management authority for a period of time and a fine of more than 1000 dollars; damage to municipal facilities, and the transfer of road transport management authorities to municipal facilities management.

Article 42, when the road transport management conducts oversight inspections, a mobile vehicle maintenance operator with no mobile vehicle maintenance permit may be subject to the relevant maintenance equipment, tools and a licence certificate of uniformity.

The offender shall be treated within 7 days of the date of the suspension of the equipment, tool and place of designation. The road transport administration may make a punishable decision in accordance with the law and transmit the penalty to the parties in conflict with the law.

The road transport administration shall return the rescinded items immediately after the parties in conflict with the penalties decision. The parties in conflict with the law have no reason for the delay in the execution of the sanctions decision, and the road transport administration should make a maximum fine for the seizure of maintenance equipment, tools and auctions in accordance with the statutory procedures, or apply for the enforcement of the People's Court.

Article 43 Operators of motor vehicle maintenance violates this approach, involving management matters in the relevant sectors, and is governed by the law.

Article 44, which rejects and impedes the enforcement of public services by road transport authorities, is sanctioned by public security authorities in accordance with the Law on the Safety and Security of the People's Republic of China; constitutes an offence punishable by law.

Article 42 does not determine administrative penalties by the parties and may apply for administrative review or administrative proceedings in accordance with the law.

Article 46 provides administrative disposal by administrative law enforcement officials to perform negligence, abuse of authority, provocative fraud, solicitation of bribery, by their units or by the superior authorities; and criminal responsibility is lawfully prosecuted.

Chapter VII

Article 47 The management of the motor vehicle maintenance industry in the stream city, issued on 4 May 1997, was also repealed.