Administrative Measures On Road Transport Drivers In Chongqing

Original Language Title: 重庆市道路运输驾驶员管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351788.shtml

Administrative measures on road transport drivers in Chongqing

    (January 31, 2011 the 93rd meeting of the people's Government of Chongqing considered through February 15, 2011 Chongqing Municipal People's Government promulgated as of April 1, 2011, No. 249) directory

    Chapter I General provisions

    Chapter II administration of qualification

    Chapter III industry code of conduct

    The fourth chapter managers ' responsibilities

    Supervision and administration of the fifth chapter

    The sixth chapter legal liability

    The seventh chapter by-laws

    Chapter I General provisions

    First in order to strengthen the management of road transport drivers, protect people's lives and property safety, according to the Chongqing Road transport management and relevant laws and regulations, combined with the city's actual, these measures are formulated.

Article engaged in road transport within the administrative area of the city business drivers and operators should abide by these measures.

    Road transport drivers in these measures refers to the bus passenger, taxi passenger transport, road management, road freight transport operations and road transport of dangerous goods driving personnel.

Third road transport drivers shall operate in accordance with law, honesty and credibility, standardized operation, safe, civilized business.

    Management of the road transport operator should strengthen road transport drivers, with clearly defined responsibilities, safeguarding rights and interests.

    Fourth article of the city imposed on road transport drivers qualification, classification management and integrity checking system.

Article fifth traffic Administrative Department is responsible for the management of road transport drivers, belongs to the management of road transport road transport driver management agency-specific implementation.

    Public security, human resources and social security, price and other administrative departments shall, within their respective areas of responsibility and good management of road transport drivers.

    Chapter II administration of qualification

Article driver law qualifications examination system of road transport.

    After obtaining the qualification certificate, road transport drivers, may engage in the appropriate road transport driving activities.

Article seventh men aged less than 60 years of age, female age not more than 55 years of age, made the driver of the motor vehicle driver's license, you can apply for the carriage of goods by road business driver's licensing exam.

Application for participation in road passenger transport operators, bus passenger, taxi driver's licensing exam, and in addition shall comply with the conditions of the preceding paragraph shall also obtain a corresponding motor vehicle driver's license more than 1 year, more than 3 years, no major traffic accidents.

    Apply for the road transport of dangerous goods driver licensing exam, in addition shall comply with the conditions of the first paragraph, should also be made of road freight transport operator or road passenger transport operator, bus terminal, taxi driver qualification certificate for more than 2 years, and more than 3 years, no major traffic accidents, and knowledge of dangerous goods training.

Eighth municipal traffic administrative departments may entrust management organization implementation of road transport road transport of dangerous goods driver licensing exam.

Road passenger transport operators, bus terminal, city taxi passenger transport, road freight transport operations the driver qualification test implemented by the municipal road transport authority.

Taxi driver's licensing exam outside of the main city, district (County) road transport authority organizations.

    Road transport management should a 60-day examination the scope, time, venue and material matters.

    Nineth section personnel participating in qualification examination cheating, canceled during examinations, exam results are invalid.

    Tenth qualification examination results are valid for 1 year overdue void.

    11th road transportation management agencies should be made public within 10 working days after the conclusion of the examination scores; the examination shall publish examination results within 10 working days from the date of issuing the corresponding qualification.

12th road transport operators shall examine the qualifications for hire road transport drivers permit, and stamped with the seal of qualification to the registration area (County) road transport management body practising for the record.

Road transport drivers achieved qualification but not drivers engaged in road transport operators to drive, to domicile or residence County (County) road transport authority waiting list for archival purposes.

    Modification, cancellation or termination of labor relations, the road transport operator or road transport drivers shall inform the original filing authority, and in accordance with this article and the provisions of the second paragraph of professional registration or waiting list again for the record.

13th road transport driver qualification card is valid for 6 years, needs to continue to be engaged in road transport operators driving, road transport drivers shall, on the expiry of the validity of the qualification certificate before the 30th to the original issuing authorities for refilling.

    Road transport drivers ' qualification certificate is lost, damaged, it should be to the original issuing authorities for replacement procedures.

    14th road transport of dangerous goods operations, road passenger transport operators, bus terminal, taxi driver, revoked within 5 years from the date of qualification should not participate in the qualification examination.

15th road transport drivers have one of the following circumstances, cancellation of qualification by the certification authority:

(A) the death or incapacity of the holder;

(B) the holder to apply for cancellation;

(C) men over 60 years of age and women over 55 years of age;

(D) qualification certificate is revoked or canceled;

(E) more than qualification certificate valid for 180 days without applying for recertification;

(F) motor vehicle driver's license is cancelled or revoked.

    Certification authority shall recover cancelled qualification; uncollectible, qualification certificate automatically terminated, and the issuing authority shall be published.

16th road transport drivers have one of the following circumstances shall participate in continuing education and training or examinations and the issuing authority on the qualification certificate shall indicate:

(A) to acquire qualification every 3 years;

(B) a new execution of road transport laws, rules and regulations;

(C) other circumstances as stipulated by the municipal traffic administrative departments.

    Qualification achieved over 3 years without drivers engaged in road transport operators to drive, engaged in road transport should be before driving to participate in continuing education, training and examinations.

    Chapter III industry code of conduct

    17th road transport drivers shall at its qualification certificate, engaged in road transport within the limits of driving activities.

18th road transport drivers shall comply with the following provisions:

(A) the instrument clean, polite, civilized language;

(B) carry a qualification certificate, vehicle operator's certificate and other documents in the trading, may not be lent, transferred, leased, altered or forged documents mentioned above;

(C) shall drive a non-operating units of vehicles;

(D) vehicles shall not be referred to without the appropriate qualification of personnel;

(E) no driver fatigue;

(F) when a passenger suffered when violations against, should actively provide reasonable assistance, assistance;

    (VII) emergency dangerous situations, should take active measures to rehouse or ordered evacuation of passengers.

19th bus passenger transport drivers shall comply with the following requirements:

(A) the use of Putonghua, accurate reporting stop name;

(Ii) maintain vehicle appearance looks clean, maintaining the order of travel;

(C) in accordance with the approved route and site operations shall not be cross-line operations or in the specified site;

(D) in accordance with the approved fare, valid ticket vouchers issued by, and may not refuse or discrimination in accordance with the provisions of free or concessionary travel passengers;

(E) comply with the docking order site shall not delay the showmanship;

(Vi) shall not refuse, dump and guests;

(VII) Expressway section of passengers shall not exceed the actual number of seats;

(VIII) are parked in the middle of vehicle malfunction or accident, organized the transfer of passengers with lines of other vehicles;

(IX) for the old, the weak, the sick, disabled, pregnant and infant passengers who need help;

    (J) the air in the car when the temperature is above 28 degrees, should turn on car air conditioning facilities.

20th taxi drivers shall comply with the following provisions:

(A) the use of Putonghua;

(Ii) maintain vehicle appearance appearance clean and tidy;

(C) in accordance with a reasonable route or route passenger requirements, shall not be rounded;

(D) in accordance with the prescribed standards for billing charges and issue tickets;

(E) the empty marker lamp is turned on, allow parking sections shall not refuse;

(F) at the airport, railway station, port, bus station, shopping district and other areas of the window taxi site, or within the designated area of the taxi queue in turn;

(VII) you may not smoke in the car;

(H) passenger-oriented prominently placed in the car service supervision card;

(I) in accordance with the request to use or not to use vehicles such as air conditioning, stereo equipment and facilities;

(J) after passengers hire taxi, without the consent of passengers shall not be equipped with others;

(11) shall not be dumped and poured in the Middle;

(12) the use of legal metrological verification bodies periodic inspection of the meter;

(13) for the old, weak, sick, disabled, pregnant, young passengers, priority should be given for vehicles;

(14) the hire car Dome light night driving should be open;

    (15) found that leaving lost, shall be returned immediately; cannot be returned should be sent to the relevant Department in a timely manner.

21st road passenger transport drivers shall comply with the following requirements:

(A) the use of Putonghua, maintain vehicle appearance appearance clean and tidy;

(B) in accordance with the approved line, site operations;

(C) not in showmanship, outside the station, tourist attractions on the way a car park;

    (D) shall not be dumped, pour.

22nd road goods transport drivers shall comply with the following requirements:

(A) take effective measures to prevent goods shed, young Isaac;

(B) engaged in the transport of large objects, in accordance with the required uniform logo and fly the flag, set a flag for night driving and parking break lamp;

(C) shall not exceed limits, overloading;

    (D) shall not use cargo vehicles to transport passengers.

23rd road transport drivers of dangerous goods shall comply with the following requirements:

(A) vehicle lights flying in line with national standards and signs;

(B) the dangerous goods must not be mixed with the General goods;

(C) may make use of the transport of dangerous goods vehicles transporting food, supplies, medicines, medical devices

    (D) in the course of the transport of dangerous goods, burning, explosion, contamination, intoxication or being stolen, lost, diaspora, leaks and other incidents, it should be immediately reported to the local police and the road transport operators, and warning and emergency measures taken in the field, with the relevant Department for disposal.

24th road passenger transport drivers and road transport of dangerous goods drivers should fill in the traffic log.

    Driving log style by city regulatory agencies responsible for the development of road transport.

25th road transport drivers 1-2 deaths occurred over bear equal responsibility of major traffic accident, may be engaged in road transport within 5 years driving activities.

    Road transport drivers equal responsibility for deaths occurred more than 3 per cent of serious traffic accidents, driving life engaged in road transport activities.

    The fourth chapter managers ' responsibilities

    26th road transport operator should establish and improve the road transport drivers labour management, security management, education and training, complaint investigation, annual appraisal and incentive rewards and punishment management system.

    27th road transport operators and road transport drivers sign a written labor contract of employment, and pay workers ' compensation and medical care, old-age, unemployment, maternity and other social insurance.

    28th road transport drivers of road transport operators shall establish management files, complete and authentic records of education and training, traffic violations, traffic accidents, and driver's examination of administrative punishment, and so on.

29th safety management of road transport operator shall perform the following duties:

(A) to establish, improve the system of safety production management of road transport drivers;

(B) ensure the safe operation of the unit input, providing necessary security conditions for road transport drivers;

(C) supervise and check the safety of transport, to eliminate accident risks;

(D) the formulation and implementation of emergency response plan;

(E) the configuration and use of safety equipment in accordance with regulations;

    (F) timely and accurately reporting information security incidents.

The 30th training of road transport operator shall perform the following duties:

(A) road transport drivers to participate in this organization to the 16th article of continuing education and training;

(B) organized road transport drivers in at least 3 hours per month security education and training, training includes skills, professional ethics, safety, etc;

    (C) holding a qualification certificate issued by the other provinces, and drivers engaged in road transport operators in this city, organization road traffic conditions in the city, the traffic conditions, road traffic regulations, local road transport rules and regulations and other related professional training.

    Supervision and administration of the fifth chapter

31st article this, implementation of road transport drivers integrity checking system for drivers of road transport road transport safety, compliance with relevant laws and regulations and service quality evaluation.

    When not engaged in road transport drivers did not participate in the assessment; engaged in road transport driving activity of less than 6 months, participate in the assessment, not rated, but violations except for scoring 20 points.

Article 32nd assessment cumulative violation point system, the assessment period is 12 months, out of 20 points, from road transport drivers receive date of qualification for the first time.

Road transport drivers shall in good faith after the expiry of the assessment period in the 20th, my driver's license and qualification to the road transport operators registered in the district (County) road transport authority endorsed assessment grade.

    A review period expires, after endorsement for integrity assessment grade, scoring within the review period to be removed, not transferred to the next review period.

Road transport drivers integrity checking article 33rd level divided into good, competent, qualified and unqualified, with AAA, AA grade, respectively, a-class and b-class, by the road transport authorities evaluated according to the following criteria:

(A) the following conditions, for the AAA-level:

1. the previous review period above the class AA level;

2. the irregularities within the review period the cumulative score of 0 points.

(B) meet the following conditions, for AA level:

1. does not meet the AAA-level assessment of conditions;

2. the previous review period above the class a level;

3. the violations within the review period the cumulative score is not up to 10 points.

(C) meet the following conditions, grade a-:

1. not achieve level AA of the assessment criteria;

2. illegal cumulative score becomes 20 points within the review period.

(D) review period of 20 points over and above, rating of b-class.

    Road transport drivers integrity checking implementation rules formulated by the municipal traffic administrative departments.

    34th article road transport driver in assessment cycle within cumulative violations scoring reached 20 points of, should in meter full 20 points of day up 15 a days within to has training qualification of institutions accept 18 hours of training, road transport management institutions should in training end Hou 15 a days within on its for theory subjects exam, by exam qualified of, clear scoring, assessment grade for b level.

35th road transport drivers have one of the following circumstances, road transport management body shall, in accordance with the State Council on regulations on administrative accountability for extraordinarily serious safety accidents, as it does not meet the safety requirements, revoked the qualification documents:

(A) three consecutive test cycles for integrity assessment grade b-;

    (B) the cumulative violation scored three times within a review period of more than 20 points.

36th road transport drivers have one of the following circumstances, road transport management and road transport operators can give recognition, and to the public:

(A) the assessment grade is AAA level for 5 consecutive years;

(Ii) participation in social welfare activities, outstanding performance;

    (C) there are helpful, good Samaritan, not Pocket and other good deeds.

37th road transport operator under any of the following circumstances, the security service quality evaluation is not qualified:

(A) road transport drivers of road transport operators is not to establish a sound labor management, security management, education and training, complaint investigation, annual appraisal and incentive rewards and punishment management system;

    (B) within one year, the assessment levels are not qualified and the illegal cancellation of qualification of road transport drivers, more than road transport drivers 10% the total number of employment.

38th road transport operator under any of the following circumstances, security quality of service assessment should be added, under the same conditions receive priority routes and capacity:

(A) the road passenger transport lines in a class, b class lines operator, hire the excellent road transport drivers than their total road transport drivers 85%;

    (B) the passenger transportation and three routes, four-class line, passenger bus and taxi operators, hiring the excellent road transport drivers than their total road transport drivers 80%.

    39th road transport operators and road transport drivers the rescission or termination of labor relations, road transport drivers within the review period of assessment grade counted in the original employer, but road transport drivers have a new employer, their assessment grade counted in the new employer.

40th Transportation, public security, human resources and Social Security Department shall, within the scope of their respective duties, establishment of road transport driver information system, information sharing.

    Management institutions should be public road transport road transport driver qualifications, integrity checking, and so on, set up road transport drivers record list pilot information inquiry of public road transport services to the public.

41st road transportation management and traffic law enforcement agencies shall establish a complaints system, public telephone, mailing address, email address, to receive complaints.

Road transport authority traffic administrative law enforcement agencies or to the admissibility of the complaint should be dealt with in the 15th, and replies to the complainants; complex, should be dealt with and replied in the 30th.

    Respondent received a road transport authority or traffic law enforcement agencies dealing with notification, should be to a specific agency for investigation and settlement in the 3rd.

42nd road transport authority or traffic law enforcement agency can examine the management of road transport operators, road transport drivers, the right to access, copy or related material require the road transport operators to submit relevant materials.

    Are checked for units and individuals shall be subject to road transportation management agencies or traffic law enforcement body and its staff shall implement supervision and inspection, provide relevant information or to explain the situation.

    The sixth chapter legal liability

43rd transport administrative law enforcement agencies specifically responsible for the supervision and administration of road transport drivers, and to impose administrative penalties in accordance with these measures.

    Traffic law enforcement bodies to delegate the power of administrative penalty as provided herein to meet the statutory requirements of the unit.

44th road transport operators have one of the following acts, by the traffic law enforcement agencies in accordance with the following provisions:

(A) the employment without the appropriate qualification of drivers engaged in the carriage of goods by road, between 2000 and 500 Yuan Yuan fines;

(B) employment without the appropriate qualification of drivers engaged in road passenger transport and passenger transport by bus, between 10000 and 3000 Yuan Yuan fines;

(C) employment without the appropriate qualification of pilots engaged in the taxi, between 10000 and 5000 Yuan Yuan fines;

(D) failing to organize road transport driver training, fined a maximum of between 2000 Yuan and 500 Yuan;

    (E) is not in accordance with the provisions of the road transport drivers practicing for the record, fined a maximum of between 1000 Yuan and 200 Yuan.

45th road transport drivers have one of the following acts, by traffic law enforcement agency ordered corrective action and between of less than 2000 Yuan and 200 Yuan fines:

(A) road transport drivers ' qualification is not made, a bus passenger, taxi, passenger transport, road freight transport;

(B) using invalid or forged or altered certificate of qualification, a bus passenger, taxi, passenger transport, road freight transport;

    (C) road transport driver qualification beyond the approved scope, engaged in passenger bus, taxi, passenger transport, road freight transport.

46th road transport drivers have one of the following acts, by traffic law enforcement agency ordered corrective action and warning or fined a maximum of 20 Yuan and 100 Yuan:

(A) more than 30th endorsement of assessment grade road transport activities;

(B) meters are not neat, not use civilized language;

(C) it is not onboard their qualification certificates, vehicle operator's certificate and other documents in operation;

(D) lend, transfer, lease, altered qualification certificate, vehicle operating certificates and other documents;

    (V) road passenger transport drivers and road transport of dangerous goods drivers failing to fill in the traffic log.

47th road transport drivers have one of the following acts, by traffic law enforcement agency ordered corrective action and penalty of between 200 Yuan more than 1000 Yuan:

(A) driving other vehicles engaged in road transport operators operating;

(B) vehicles to the no qualification of personnel engaged in the operation;

    (C) the driver fatigue.

    48th bus passenger pilots are not in accordance with the approved route and site operations, cross-line operations, the traffic administrative law enforcement agency ordered corrective action and warning or fined a maximum of 20 Yuan and 100 Yuan.

49th taxi drivers have one of the following acts, by traffic law enforcement agency ordered corrective action and penalty of between 100 Yuan and 20 Yuan:

(A) not use Putonghua;

(B) the vehicle appearance looks untidy;

    (C) find heritage lost not timely returned or sent to the relevant Department.

50th road passenger transport drivers have one of the following acts, by the traffic law enforcement agencies in accordance with the following provisions:

(A) do not use Mandarin or vehicle appearance look untidy, fined a maximum of between 100 Yuan and 20 Yuan;

(B) is not in accordance with the approved line, operation of the site, between less than 1000 Yuan and 200 Yuan fines;

(C) along the way, showmanship, tourist attractions a car park outside the station, between less than 1000 Yuan and 200 Yuan fines;

    (D) the left or in the Middle, between less than 1000 Yuan and 200 Yuan fines.

51st road goods transport drivers have one of the following acts, by traffic law enforcement agency ordered corrective action and penalty of between 200 Yuan more than 1000 Yuan:

(A) has failed to take effective measures, goods shed, young Isaac;

(B) engaged in the transport of large objects, failing unit uniform mark and fly the flag, driving and parking at night during the break lights is not set;

(C) the transport of overload, overload;

    (D) the use of freight vehicles to transport passengers.

52nd road transport of dangerous goods drivers have one of the following acts, by traffic law enforcement agency ordered corrective action and penalty of between 500 Yuan more than 3000; activities contravening public security management by the public security organs shall be subject to administrative penalties for public security:

(A) is not in accordance with the provisions of lights flying in line with national standards and signs;

(B) dangerous goods with ordinary goods mixed;

(C) the use of the transport of dangerous goods vehicles transporting food, supplies, medicines, medical devices;

    (D) the transport of dangerous goods in the process of combustion, explosion, contamination, intoxication or theft, loss, dispersion, leakage accident, failing to report to the local police and the road transport operators, and warning and emergency measures taken in the field, with the relevant Department for disposal.

    53rd respondent in violation of the regulations, is not within the specified time to specified bodies for investigation and settlement, penalty of between 50 Yuan and 200.

54th for violations of these rules cannot be processed, traffic law enforcement agency may withhold vehicle operator, road transport drivers ' qualification certificate and other documents, issue temporary suspension of vouchers, order offenders to specified agencies to accept the deadline.

    Scoring 20 points in the review period of road transport drivers, traffic law enforcement agencies to withhold their qualification, and will order it in accordance with the provisions of the present article 34th training and exams.

    55th transportation Administration Department and road transport authorities, traffic law enforcement agencies staff fraud, favoritism, abuse against road transport drivers and operators of legitimate rights and interests, administrative sanctions by the unit or by the relevant sector constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    56th road transport drivers licensing exam fees approved by the Municipal Department in charge of price together with the municipal financial department.

    57th Transportation administrative enforcement bodies referred herein including the district (County) of administrative punishment right of road transport management bodies and transportation comprehensive administrative law-enforcement agencies. 58th article this way come into force on April 1, 2011.