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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

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Modalities for the management of road transport drivers in the city

(Adopted by the 93th Annual Conference of the Government of the People of the Republic of China, held on 31 January 2011, No. 249 of 15 February 2011, for publication, effective 1 April 2011)

Contents

Chapter I General

Chapter II

Chapter III

Chapter IV

Chapter V Oversight management

Chapter VI Legal responsibility

Chapter VII

Chapter I General

In order to strengthen the management of road transport drivers and to guarantee the lives and property security of the people, this approach has been developed in the light of the Regulations on Road Transport Management and the relevant legislation.

Article 2 Drivers and operators engaged in road transport operations within the city's administration should be subject to this approach.

The approach refers to persons engaged in bus passenger transport, rental car passenger transport, transport of road passengers, transport of road goods and transport of dangerous goods.

Article 3 Drivers should operate in accordance with the law, good credit, normative operation, safety trucks and civilization.

Road transport operators should strengthen the management of road transport drivers with clear responsibilities and guarantees of rights.

Article IV.

Article 5 Transport administrative authorities are responsible for the management of road transport drivers, and their road transport management agencies specifically implement the management of road transport drivers.

The executive branch, such as public security, human resources and social security, prices, should be jointly managed by road transport drivers within their respective responsibilities.

Chapter II

Article 6 Drivers of road transport are governed by the law by the employment examination system.

The road transport driver may engage in the corresponding road transport driving activities after obtaining a certificate of employment.

Article 7. Men are not more than 60 years of age, with a female age not exceeding 55 years, and the driver of the corresponding motor vehicle driver, may apply for the employment of the driver of road cargo transport.

The application for participation in road passenger transport operations, bus passenger transport, rental car passenger carriers from the industrial qualifications examinations should be obtained for more than one year, and for three years without major traffic liability accidents.

An application for participation in a road dangerous cargo transport driver's employment examinations should, in addition to the conditions of paragraph 1, also be obtained for the transport of road goods or for the transport of road passengers, bus passenger transport, rental car operators from industrial qualifications for more than two years and for three years without major traffic liability accidents and training on the knowledge of dangerous goods.

Article 8. Municipal transport administration authorities may entrust road transport management agencies with the application of a road hazardous cargo transport driver's employment examinations.

Road passenger transport operations, bus passenger transport, automobile passenger transport in the main urban area, and road cargo transport operators have been executed by the municipal road transport administration.

The driver of the rental car outside the main urban area has been executed by the Regional (Autonomous Region) Road Transport Authority.

The road transport administration shall publish matters such as the scope of the examination, time, location and presentation of material in advance of 60 days.

Article 9. Persons participating in the qualification examination are subject to fraud and the dismissal of the same examinations and the performance of the examination is null and void.

Article 10 expires on the expiry of one year from the expiry of each section.

Article 11. The road transport administration shall publish the examination's performance within 10 working days of the conclusion of the examination; the examination is qualified and shall be granted the corresponding profitability certificate within 10 working days of the date of publication of the examination.

Article 12. The road transport operators shall identify the licensee of the road transport driver employed, and shall be accredited to the executive branch of the road transport administration in the registered districts (Autonomous Regions).

Drivers who have access to road transport operators from industrial qualifications but have not been involved in road transport operations should be placed in the home or in the residential district (Autonomous district) road transport administration.

Changes, removal or termination of labour relations should be communicated by road transport operators or road transport drivers to the competent authorities and reproduce the operation or pending the clearance in accordance with the provisions of paragraphs 1 and 2.

Article 13 Drivers of road transport are required to continue to operate in road transport for a period of six years from the time of operation of the industrial qualifications certificate, and the road transport driver shall be required to carry out an evidentiary process from 30 years before the expiry of the valid date of the industrial certificate.

Road transport drivers are lost and damaged from industrial qualifications and should be sent to the licensee for the replenishment process.

Article 14.

Article 15. The road transport driver has one of the following cases, and the licensee writes the certificate of eligibility:

(i) The death or loss of the capacity of witnesses;

(ii) A witness application for write-offs;

(iii) Over 60 years of age for males and more than 55 years of age;

(iv) Removal or revocation of the industrial qualifications;

(v) More than 180 days of the expiry of the period of effectiveness of the licence;

(vi) The vehicle driver was cancelled or cancelled.

The licensee shall recover the licensee of the cancelled industrial qualifications; it cannot be recovered from the certificate of eligibility and be declared by the licensee.

Article 16 Drivers of road transport shall be involved in continuing education training or examinations and shall be indicated by the licensee in the terms of their qualifications:

(i) To obtain a certificate of employment of three years;

(ii) New road transport laws, regulations and regulations;

(iii) Other cases provided by municipal transport administration authorities.

More than three years of gain from the industrial qualifications, the driver who did not engage in road transport operators should participate in continuing education training and examinations before they were engaged in road transport.

Chapter III

Article 17 Drivers shall engage in road transport driving activities within the limits of their licence.

Article 18

(i) Certification, ceremony and the use of civilized terms;

(ii) Carry from industrial qualifications, vehicle operators and other documents for the operation of the operation shall not be transferred, transferred, rented, painted or forged;

(iii) No vehicle to be driving non-resident units to operate;

(iv) No vehicle shall be transferred to a person without the corresponding qualifications;

(v) No fatigue;

(vi) In cases where the passengers have suffered violations, reasonable assistance and assistance should be actively provided;

(vii) In emergency risk situations, measures should be taken actively to properly accommodate or orderly disperse passengers.

Article 19

(i) The use of the general message and the accurate transmission of the name of the station;

(ii) Maintain the integrity and maintenance of the vehicle order;

(iii) In accordance with the approved lines and slots, no cross-line operation shall be carried out or, beyond the specified location;

(iv) In accordance with the approved price of tickets, an effective vehicle ticket certificate shall not be denied or discriminated against passengers who are free of charge or a concessionary vehicle;

(v) Observance of the order of the station, which must not be stopped;

(vi) No denial, removal and repression;

(vii) The highway route shall not exceed the actual number of visitors;

(viii) When vehicles are malfunctioning or during the accident, the passengers are organized for other vehicles along the same lines;

(ix) To provide the necessary assistance to passengers of the elderly, the poor, therapeutic, maiming, maternity and infants;

(x) The air conditioning facility should open the vehicle air conditioning facility when the vehicle is temperature higher than 28°C.

Article 20

(i) Using general remarks;

(ii) Maintenance of the integrity of the vehicle cars;

(iii) In accordance with the reasonable route or the route required by the passengers, no circumvent shall be taken;

(iv) Feed and paid cheques in accordance with the prescribed payment standard;

(v) At the start of the air vehicle marklights, the parking blocks cannot be denied;

(vi) The rental vehicle station established in the window areas such as airports, fire blocks, terminals, long-range cars, business circles or sub-missions in the region;

(vii) No smoking within the vehicle;

(viii) A significant location for passengers in the vehicle;

(ix) The use or non-use of air conditioning and audio-visual vehicle equipment facilities, as required by the passengers;

(x) After the passengers rent the vehicle, no other person shall be installed without the consent of the passengers;

(xi) No way to remove and drop the passengers;

(xii) The use of statutory measurements to regularly test qualified bids;

(xiii) For passengers such as old, weak, sick, maimed, pregnant and young people, priority should be given to the vehicle;

(xiv) The night course should open the door to the renting of the vehicle;

(xv) The identification of missing persons should be returned in a timely manner; the failure to return should be addressed in the relevant sectors in a timely manner.

Article 21 Drivers of road passengers should comply with the following provisions:

(i) The use of general statements to maintain the integrity of the vehicle;

(ii) Delivering in accordance with the approved lines, sites;

(iii) No guests should be held in the parking areas along the way, side, and the tourist landscape;

(iv) No one shall be removed and returned.

Article 22 Drivers of road goods should comply with the following provisions:

(i) Take effective measures to prevent the loss of goods and to promote them;

(ii) To engage in large-scale cargo transport and to set a marklight for night and parking breaks, in accordance with the uniform marking and flag flag of the specified devices;

(iii) Not to be transported over time;

(iv) No cargo vehicles shall be used to transport passengers.

Article 23. Drivers whose road dangerous goods are to be subject to the following provisions:

(i) The vehicle hiding lights and brands that meet national standards;

(ii) Not to confuse dangerous goods with ordinary goods;

(iii) No transport of dangerous goods shall be used to transport food, living supplies, medicines, medical devices;

(iv) In the transport of dangerous goods, accidents, explosions, pollution, poisoning or stolen, loss, circulation, leakage, etc. accidents should be reported immediately to the local public security sector and to the road transport operators affiliated and, on the ground, police measures and emergency measures to cooperate with the relevant sectors in their disposal.

Article 24 Transport drivers of road passengers and road dangerous cargo transport drivers should be completed.

The vehicle logic was developed by the Urban Road Transport Authority.

Article 25 Drivers of road transport have committed a major traffic liability accident with the same responsibilities as 1-2 persons, and no road transport driving activity has been carried out in five years.

The road transport garner has been killed by more than three persons with equal responsibility for a major traffic liability accident, and it is no longer possible to engage in road transport driving activities.

Chapter IV

Article 26 Road transport operators should establish regulatory systems such as the labour management of road transport drivers, safety management, education training, complaint screening, annual appraisal, incentives and punishment.

Article 27 operators should enter into written labour contracts with road transport drivers employed and pay social premiums, such as work injury, medical care, old age, unemployment and maternity, in accordance with the law.

Article twenty-eighth operators should establish road transport drivers' management files, comprehensive, real record education training, transport violations, traffic accidents, administrative sanctions and driver's examination.

Article 29 operators should perform the following safety management responsibilities:

(i) Establish a safe production management system for road transport drivers;

(ii) Guarantee the safe operation of this unit and provide the necessary safety operational conditions for road transport drivers;

(iii) To urge, inspect safe transport and to eliminate the hidden security accidents in a timely manner;

(iv) Development and implementation of security accident emergency relief scenarios;

(v) Pursuant to the provision for the staffing and use of security facilities;

(vi) Timely, real reporting on safety accidents.

Article 33 The road transport operators shall perform the following training responsibilities:

(i) Organization of road transport drivers to continue education training under article 16 of this approach;

(ii) The monthly organization of road transport driver training at least three hours of safe education, including service skills, ethics, safety knowledge;

(iii) To organize specialized training on the state of road traffic in the city, road conditions, road traffic regulations, relevant local road transport regulations and regulations, for the benefit of the licensee holding of nuclear power from outside provinces and for the operation of road transport in the city.

Chapter V Oversight management

Article 31

Drivers who do not engage in road transport do not participate in the examination; less than six months in road transport driving activities, participate in the examination and do not carry the ratings, except in excess of 20 in breach.

Article 32 uses a cumulative score of violations, with a total of 12 months of the archaeological cycle of 20 hours, calculated from the date of the initial eligibility of the road transport facilitators.

The road transport garner shall, within 20 days of the end of the vetting nuclear cycle, be held by a mobile vehicle driver and from the licensee to the area where the road transport operator is registered (the autonomous district).

After the completion of the examination cycle, after the signing of the prestigation test phase, the scores of the examination cycle were removed from the next review cycle.

Article 33 Operators of Road Transport, in good faith, qualifications, basic qualifications and non-qualification, are rated by road transport management in accordance with the following criteria:

(i) The following conditions are available for AAA:

The previous archaeological cycle is higher than A;

The cumulative value of violations in the appraisal cycle is 0.

(ii) The following conditions are available for A level A:

No conditions of study at AAA level;

The previous grade of the appraisal cycle is higher than A;

The cumulative value of violations in the appraisal cycle has not been reached at 10 levels.

(iii) The following conditions are available, at level A:

No conditions for the conduct of the study at A level A;

The cumulative value of violations in the appraisal cycle has not reached 20 levels.

(iv) A cumulative of 20 and above in the appraisal cycle, at B.

The rules for the integrity of road transport operators are developed by municipal transport administration authorities.

Article 34 XIV Drivers of road transport reached 20 levels in the course of the examination cycle, and 18 hours of training should be given to trained institutions within 15 working days of the expiry of 20 hours, and the road transport management should carry out their theoretical subject examinations within 15 working days of the completion of the training process, subject to examinations, clearances, grade B.

Article 35 Drivers of road transport are one of the following cases, and the road transport management body should, in accordance with the State Department's provisions on administrative responsibility for special safety accidents, withdraw its trade-qualification documents in accordance with its non-availability of security-producing conditions:

(i) Adherence of the three successive archaeological cycles is at B level;

(ii) Over three counts of cumulative violations in a vetting cycle.

Article 36 Drivers of road transport are one of the following conditions: road transport management agencies and road transport operators can be recognized and made available to society:

(i) A grade A for five consecutive years;

(ii) Participation in major social public goods and performances;

(iii) There are good monuments such as manoeuvres, chewing and disobey.

Article 337 operators have one of the following conditions, and their safety services are not eligible:

(i) Road transport operators do not have a sound road transport driver's labour management, security management, education training, complaint screening, annual appraisal, incentives and punishment management system;

(ii) In one year, its nuclear hierarchy was not qualified and violated as a road transport driver of the licensee, exceeding 10 per cent of the total number of road transport drivers employed.

Article 338 operators have one of the following conditions, and the quality assessment of security services should be added, with priority being given to routes and means of delivery:

(i) Road passenger transport classes, second class operators, employing good road transport drivers more than 85 per cent of the total number of road transport drivers;

(ii) Transport of road passengers in three classes, four classes, bus passenger transport and rental car operators, and the number of good road transport drivers employed more than 80 per cent of the total number of road transport drivers.

Article 39 of the road transport operators removed or terminated labour relations with road transport operators, and the archaeological grades in the road transport driver's nuclear cycle are taken into account in the original units; however, the road transport driver has a new user unit and its nuclear grade is taken into account in the new user unit.

Article 40 departments such as transport, public safety, human resources and social security should, within their respective responsibilities, establish road transport driver information systems and share information.

The road transport management body should provide information to the public at large on road transport drivers from their qualifications, integrity, etc.

Article 40 states that road transport management and transport administration law enforcement agencies should establish a complaints system, open complaints telephones, communications addresses, e-mails and receive complaints.

Complaints received by road transport management agencies or transport administrative law enforcement agencies shall be dealt with within 15 days and respond to the complainant; the situation is complex and should be processed and answered within 30 days.

Upon receipt of a notice of complaints by road transport management authorities or transport law enforcement agencies, the complaint shall be processed by the designated body within 3 days.

Article 42, road transport management or transport administration law enforcement agencies may check the management of road transport drivers by road transport operators, have the right to access, replicate relevant materials or request road transport operators to send the relevant material.

The units and individuals inspected should be subject to supervision by road transport management agencies or by transport administrative law enforcement agencies and their staff, such as the provision of information or information.

Chapter VI Legal responsibility

Article 43 thirteenth is specifically responsible for the supervision of the management of road transport drivers and administrative sanctions in accordance with the provisions of this approach.

Transport administrative law enforcement agencies may entrust administrative penalties under this scheme to units in compliance with the statutory conditions.

Article 44 Operators of Road Transport has one of the following acts, and is punished by the transport administration law enforcement agencies in accordance with the following provisions:

(i) The employment of a driver who does not obtain a corresponding profit from the licensee for the transport of road goods, with a fine of more than 500,000 dollars;

(ii) The employment of a driver who does not obtain a corresponding profit from the licensee for the transport of road passengers and the delivery of bus passengers, with a fine of up to 3,000 dollars;

(iii) The employment of a driver who does not obtain the corresponding profitability certificate to engage in a rented car passenger, with a fine of more than 5,000 dollars;

(iv) Without the provision for the organization of training for road transport drivers for education, a fine of up to $500,000;

(v) In the absence of a provision for the operation of a road transport driver, the amount of more than 1000 dollars was fined.

Article 44 Fifteen Drivers of Road Transport are one of the following acts, which are being converted by a warrant of responsibility by transport law enforcement agencies, with a fine of up to $200,000:

(i) Failure to obtain a corresponding road transport driver from the business certificate to engage in bus passenger transport, rental car passenger transport, road passenger transport and road cargo transport;

(ii) The use of invalidity, falsification and transcendability certificates to engage in public car passenger transport, rental car passenger transport, road passenger transport and road cargo transport;

(iii) To go beyond the authorized scope of the road transport driver, to engage in bus passenger transport, rental car passenger transport, road passenger transport and road cargo transport.

Article 46 Drivers of road transport are one of the following acts, which is being corrected by a warrant of responsibility by transport law enforcement agencies, warnings or fines of up to 1000,000 dollars:

(i) Conducting road transport activities beyond 30 days;

(ii) The table is not uniform and does not use the terms of civilization;

(iii) No vehicle carrying out a business certificate, a vehicle operator certificate and other documents for the operation;

(iv) Transfers, transfers, rents, paints to industrial qualifications, vehicle operating documents and other documents;

(v) Road passenger transport drivers and road dangerous cargo transport drivers do not complete the vehicle log in accordance with the provisions.

Article 47 Operators of Road Transport consists of one of the following acts, which are being converted by a warrant of responsibility by transport enforcement agencies, with a fine of more than 1000 dollars:

(i) Vehicles driving other road transport operators to operate in operation;

(ii) The transfer of vehicles to those who do not have the corresponding qualifications to operate;

(iii) Paid driving.

Article 488 garners of public car passengers have not been transported in accordance with approved lines and slots, cross-line battalions and are converted by the Transport Administrative Law Enforcement Agencies (LLLLL), warnings or fines of over €100.

Article 49, which is one of the following acts by the driver of the motor vehicle, is corrected by a warrant of responsibility by the transport administration, with a fine of more than 100 United States dollars:

(i) No common message;

(ii) The inaction of the vehicle;

(iii) It is found that the missing is not returned in a timely manner or sent to the relevant sectors.

Article 50 is one of the following acts by road passenger transport drivers, who are punished by the transport administration law enforcement agencies in accordance with the following provisions:

(i) The absence of a general message or a lack of integrity of the vehicle, with a fine of up to $100,000;

(ii) No fine of up to 1000 dollars, in accordance with the approved lines, the terminal operating;

(iii) To make up guests on the way, on-going, on-going, off-site, on the tourist landscape, with a fine of more than 1000 dollars;

(iv) Half or drop-out, with a fine of more than 1000 dollars.

Article 50 provides one of the following acts by the transport driver of road cargo, which is being converted by an order of responsibility of transport law enforcement agencies, with a fine of more than 1000 dollars:

(i) The failure to take effective measures to destabilize goods and to promote them;

(ii) In the case of large-scale cargo transport, no marklights were installed at night and parking breaks, in accordance with the uniform marking and flag flag of the prescribed devices;

(iii) Extensive and ultra-shipment;

(iv) The use of freight vehicles to transport passengers.

Article 52 is one of the following acts by the transport driver of the road dangerous goods, which is being converted by a warrant of responsibility by the transport administration, with a fine of more than 00 million dollars, which constitutes a violation of the security administration and is punishable by law by public security authorities:

(i) No marking lights and brands that meet national standards, in accordance with the provisions;

(ii) The confusing of dangerous goods with ordinary goods;

(iii) The transport of food, living supplies, medicines, medical devices using dangerous goods;

(iv) In the transport of dangerous goods, accidents, explosions, pollution, poisoning or stolen, lost, dispersed, leakage, etc., have not been reported promptly to local public security services and road transport operators and, on the ground, police measures and emergency measures to cooperate with the relevant sectors in their disposal.

Article 53, in violation of this approach, the complainant has not been able to receive the investigation by the designated body within the prescribed time period, with a fine of more than 200 dollars.

Article 54, in violation of the provisions of this approach, provides that transport law enforcement agencies may suspend the documents of the vehicle operator, the road transport driver, etc., from the qualification of the industry, order the time limit for the offender to be treated by the designated body.

In the course of the examination cycle, 20 road transport drivers were loaded by transport administration law enforcement agencies, who were temporarily granted their employment certificates and were responsible for participating in training and examinations in accordance with article 34 of this approach.

Article 55 of the Transport Administration and its Road Transport Authority, the staff of the Transport Administrative Law Enforcement Agencies (LAC) overwhelmed their leave, favoured private fraud, abuse of the legitimate rights and interests of road transport drivers and operators, and granted administrative disposal by their units or superior authorities; constituted criminal liability under the law.

Chapter VII

Article 56 imposes on road transport drivers from the employment examination fee rate approved by the municipal price authorities with the municipal financial sector.

Article 57 of this approach refers to road transport management authorities and transport integrated administrative law enforcement agencies that have administrative penalties, including district (utonomous districts).

Article 58 of this approach is implemented effective 1 April 2011.