Benxi City Taxi Management

Original Language Title: 本溪市客运出租汽车管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264185.shtml

Benxi City taxi management

    (July 22, 2010 14th district, Benxi municipal people's Government at the 60th Executive meeting on July 30, 2010, 148th, Benxi City people's Government promulgated as of September 1, 2010) Chapter I General provisions

    First to enhance taxi management, standardizing operational actions, improve service quality, and protect legal rights of passengers and operators and employees, promote the healthy development of passenger transportation taxi market, road transport management in Liaoning province, according to the relevant provisions of the Ordinance, based on actual city, these measures are formulated.

    Article within the administrative area of the city taxi management, administration procedures apply.

    This way, the term taxi (hereinafter referred to as the taxi) is a business qualification according to law, in accordance with the request to provide passenger service, mileage or time of billing for small passenger cars.

    Article city and County traffic administrative departments are the taxi Administrative Department, road transportation management of its institutions specifically responsible for the taxi industry's daily management and supervision and inspection work.

    Public security, industry and commerce, finance, taxation, price, quality and technology supervision, planning and construction, environmental protection and other sectors, according to their respective administrative services and management responsibilities to do taxi work. The fourth city and County traffic administrative departments shall, in accordance with the city (urban) planning requirements, hire car development plan in conjunction with the relevant departments in this area, reported to people's Governments at the same level for approval organization.

    County taxi industry development plans shall be submitted to the municipal traffic administration departments.

    City and County traffic administrative departments shall, in accordance with the district taxi industry development plan determines the number of taxi franchise licenses, implementation reported to people's Governments at the same level for approval.

    Fifth the taxi industry should adapt to city (urban) development, adhere to unified planning, total control, legal operations, the principle of fair competition, safe operation, quality service.

    Encouraging and guiding the taxi intensive, large-scale operations.

    Chapter II business qualification

    Sixth taxi introduction of franchising. Taxi franchise by tender to the society paid a term assignment.

    Taxi franchise bidding plan formulated by the municipal traffic administrative departments, in conjunction with relevant departments, approved by the municipal people's Government submitted to the provincial people's Government for approval after filing, implemented by the road transportation management organization.

    Taxi franchise paid transfer revenues into non-tax revenue management, development for the taxi industry and the construction of related infrastructure.

    Article seventh enterprises engaged in taxi franchise shall meet the following conditions:

    (A) have the status of enterprise legal persons engaged in taxi business;

    (B) has not less than 200 square meters of office space, safety, technology, finance, operations, scheduling, statistics and complaints, cleaning agencies, and are equipped with the appropriate management personnel;

    (C) incorporation and business support operations management system;

    (D) adapt to the size of the driver;

    (E) in addition to fixed assets, shall be not less than 500,000 yuan of liquidity;

    (F) its business scale of services and practitioners in educational establishments;

    (VII) comply with vehicles vehicles taxis shall be not less than 50 units.

    Apply for taxi services in addition to the preceding paragraph (a) to (f) prescribed conditions, provided service services agreement and shall not be less than 100 vehicles number of vehicles.

    Eighth article applies to engage in the self-employed taxi franchise shall meet the following conditions:

    (A) has the ability to bear civil liabilities independently;

    (B) meet the required taxi;

    (C) qualified taxi driver;

    (D) with choice of taxi service companies signed by traffic administration departments unified business service agreement.

    Made taxi operation rights of individual operators, service enterprises are linked relationships of their own accord, the franchise unchanged.

    The Nineth taxi companies and the self-employed should be obtained within 30th of taxi franchise in accordance with the requirements of the road transport authority operating permission and after the relevant license before they can operate.

    Article tenth taxi franchise, transfers the Parties shall sign an agreement and in accordance with this section approaches the Nineth again for operating permits and licenses after before they can operate.

    11th taxi operators out of business, must be closed within the 7th day before the approval of the road transport Administration Department; closed, must be closed before and after approval of the road transport Administration Department in the 30th, cancellation of license by the relevant authorities. 12th business qualification of the taxi operator and operation of vehicle testing once a year.

    Without the annual review or fail to pass the annual examination, may not continue to operate.

    13th taxi operators have one of the following, by the road transport authorities recover the franchise of e, cancellation of the relevant operating procedures:

    (A) taxi franchise expiration of the warrants;

    (B) within 60 days from the date of a taxi franchise of e without the relevant license or do not operate;

    (C) the taxi operators out of business for more than 6 months;

    (D) termination of legal person according to law;

    (E) operating permits or licenses revoked according to law;

    (F) the laws and regulations shall be revoked of trading license in other circumstances.

    Chapter III operation services

    14th taxi Enterprise shall conduct operations within the franchise, is prohibited without authorization, merger, Division and migration.

    15th taxi Enterprise shall be in accordance with the municipal traffic Administrative Department of enterprise services specification and to fulfil the following obligations:

    (A) convening of a regular meeting of the self-employed and employees every month, organizational learning management of road transport laws, regulations, security, education and the environment, civility, integrity service, such as ethics education, and professional training in driving skills;

    (B) vehicles in China and is responsible for the enterprise business, vehicle appearance, style and quality of service management and meter usage;

    (C) the establishment of employee personnel files, protect the safety and legitimate rights and interests of employees, recorded civilization integrity of practitioners, evaluation of service quality;

    (D) according to management agreements for operators to handle industry organization's annual audit, searches and various operating procedures, payment of various taxes and fees, vehicle stop, opening procedures, and obtaining, issuing taxi private bills;

    (E) the implementation of vehicle technical regulations and standards, establish and improve the operating vehicle technical archives, supervision and organization of repair and maintenance, performance testing and vehicle emission testing;

    (Vi) assistance to deal with traffic accidents and insurance claims, to the management of the enterprise vehicle illegal, illegal, illegal processing and customer complaints;

    (VII) establish a sound internal mechanism and a supervisory mechanism, responsible for dealing with mass incidents in enterprises;

    (VIII) other services agreement. 16th taxi enterprise should be in accordance with the service agreement and fees on standard prices approved by the Department, shall not transfer, rename, update vehicle on behalf of other costs charged to the individual operators and drivers.

    Operators shall not be forced or coerced to accept non-statutory obligations or its services.

    17th taxi drivers shall satisfy the following conditions:

    (A) shall obtain the corresponding motor vehicle driver's license;

    (B) age less than 60 years of age, and have a security condition;

    (C) to participate in job training, upon passing the examination achieved the qualification of the drivers engaged in road passenger transport;

    (D) more than 3 years, no major traffic accident records.

    Managers hiring or replacement of taxi driver should be the 3rd road transport authorities carry out formalities.

    18th prohibits counterfeiting, reselling, leasing the qualification certificate or using the failure of the qualification.

    19th taxi should be determined according to the franchising license business scope and manner of operation.

    Range trading and Super operating area is prohibited to engage in fixed-line operations. 20th taxi operators are required to cover the carrier's liability insurance for the passengers, the paid amount shall not be less than 200,000 yuan for each seat.

    Insured shall apply to road transport authorities for the record, and under the supervision and inspection of the road transport administration.

    21st traffic accidents, natural disasters and other emergencies, and taxi cab operators shall implement the emergency decision of city and county governments, subject to road transportation management agencies control, command and expropriation.

    22nd taxis must comply with the municipal traffic Administrative Department of vehicle appearance appearance specifications, Setup, installation, the following signs and facilities:

    (A) the operating plate;

    (B) installation of unified signs overhead light;

    (C) both sides of the body outside the front door spraying unified form of unit names, numbers and signs and body spray provides colors;

    (D) at the specified location with printed vehicle valuation label;

    (E) placed at the specified location service supervision card;

    (F) the installation and inspection of the meter and empty display for rent;

    (VII) equipped with effective fire extinguishers and other safety and service facilities.

    Taxi and facilities by unifying the administration of road transportation agencies tailor prohibited unauthorized installation of the taxi sign non-operating vehicles and facilities. Article 23rd taxi vehicles should meet the requirements of operating vehicle technical standards, in accordance with the relevant provisions of the State comprehensive performance testing on a regular basis and maintain jobs.

    May be used does not meet the technical standards set by the State's vehicle or taxi Assembly, scrapped vehicles.

    Update 24th taxi operators should apply to the road transport authority, the original cars out of the city or the law scrapped, turning out or scrap procedures related to road transportation management to take it again for operating procedures.

    25th article, post or hang advertising taxis, road transport shall be subject to approval of the regulatory agency, and in accordance with the requirements of uniform provisions setting, advertising content shall not cover facilities such as taxi signs and license plates.

    Article 26th taxi driver operation shall comply with the following requirements:

    (A) the onboard operating procedures related to licenses and the passenger service supervision card, rent bills, tax payment certificates;

    (B) maintain facilities, equipment, complete and valid, timely open air conditioning, clean both inside and outside the car, no smell, no junk in the trunk;

    (C) displays for rent sign and service supervision card, open sign light at night;

    (D) for rent (point), when the tourist attractions such as the Office for rent, in accordance with the passenger in order;

    (E) passenger vehicle must run to open the meter and charge according to the meter amount, and according to the request issued by the Bill;

    (F) the locations specified by the passengers choose economical routes, by road or the termination of the operation of passenger and actual mileage charges, not allowed to raise charges or bypass scams;

    (VII) without the meter, the meter malfunction, inaccurate, no ticket or letting mark failures and vehicle number plate soiled shall not operate passenger;

    (VIII) not by deception, threat or any other means to attract passengers, without the consent of passengers, shall not contain someone else with squares;

    (I) comply with the unified dress code, trim;

    (J) the services, using the canonical term, operating when the ban on smoking in cars, snacks, cell phone, throw dirt out of his car;

    (11) shall not conceal passengers lost money in the car;

    (12) shall not use taxi provides a facility for illegal activities, found to be suspected of crimes must report to public security organs in a timely manner.

    27th article except for the following cases, taxi drivers may not refuse passengers:

    (A) the passengers waved in Park Road car rental;

    (B) no normal company of psychiatric patients require rides;

    (C) the overload request passengers or any other violation of requirements;

    (D) the passenger carrying flammable, explosive, toxic and other dangerous items;

    (E) passenger demand taxi management other violations and public security regulations.

    28th passengers shall not be damaged in the equipment, facilities, and interfere with the driver's normal driving, except for the following circumstances shall not refuse to pay fare:

    (A) the taxi without meter or do not use the meter according to stipulations;

    (B) due to vehicle malfunction or operator cannot continue to run;

    (C) does not request payment for rent tickets.

    The fourth chapter, supervision and inspection 29th road transport authority administrative law enforcement personnel shall not less than two persons, take the initiative to produce their certificates for law enforcement, the use of civilized language, standard law enforcement.

    Can flow through inspection, set up checking legal and effective manner or according to reports of investigation and evidence collection.

    Law enforcement personnel shall be collected by traffic monitor records or evidence relating to audio-visual material, 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 or cover up violations.

    30th road transport management body shall, in accordance with the relevant provisions of the taxi enterprise reputation for quality evaluation, individual operators and drivers, and establish and improve the taxi service quality files for repeated violations of incorrigible, restrictions apply for taxi service.

    Quality credit evaluation results as the annual examination content, quality, credibility assessment measures shall be formulated separately by the municipal traffic administrative departments.

    The 31st under any of the following circumstances, illegal trading:

    (A) no permit to operate unlicensed or expired, engaged in the trading of counterfeit or invalid permit to operate a license;

    (B) non-operating vehicles to attract passengers engaged in operational activities;

    (C) non-operating vehicles telephone, online car rental booking, carrying passengers to designated locations;

    (D) confirmed that the passengers by non-operating vehicles are engaged in business activities;

    (E) non-operating unauthorized installation of taxi vehicles and facilities.

    The fifth chapter legal liability

    32nd article violation this approach tenth article provides, unauthorized transfer taxi right of, by road transport management institutions ordered stop violations, collection about documents, deadline handle transfer procedures, on original operators sentenced 2000 Yuan of fine, on new operators sentenced 3000 Yuan of fine; refused to handle transfer procedures of, revoked related operating procedures, recovered franchise warrants; continues to operating of, in accordance with this approach 31st article provides be punishment.

    Article 33rd disobey the 12th article, taxi operators are not within the prescribed time limit for annual audit procedures or testing failed to continue the operation, by the road transport authority ordered to stop operating, and fined 1000 Yuan and 3000 Yuan the following fines of more than 12 months, not years, be punished in accordance with article 31st of this approach.

    Article 34th disobey article 14th, taxi corporations to operate outside the scope of franchise license without authorization, the road transport authority shall order rectification, with more than 5000 10000 Yuan fine.

    Without approval of the road transport authority, taxi business without authorization, merger, Division, transfer, suspension of operating licenses.

    The 35th article violates this article approaches its 15th, taxi companies in China for lax management, investigated illegal trading in quarterly cycles number up to 10% per cent of the total number of taxis operating vehicles, road transport authorities order the rectification, and a fine of 1000 Yuan and 3000 Yuan fines; the circumstances are serious, shall order rectification or revoke operating licenses procedures.

    Article 36th disobey article 16th, taxi companies no price increase without authorization under the sector management fees, service fees mandatory fees and charges and other individual operators or drivers of taxis service from pricing departments to investigate and punish.

    37th disobey article 18th, taxi drivers have one of the following acts, by the road transport authorities to stop the illegal practice, the collection of illegal documents, and a fine of 200 Yuan more than 2000 Yuan fines:

    Without the qualification certificate of driving taxi without authorization;

    Not to handle the service supervision card, do not register or the service supervision card does not match with the actual driver;

    Use fail, counterfeiting, reselling, leasing of the qualification.

    Article 38th disobey article 19th, taxi enterprise or individual operators, any of the following circumstances, the road transport authority shall order rectification, and be punished in accordance with the following provisions in serious cases, revocation Description:

    Beyond the scope of operating licenses or regional management, up to 3000 Yuan more than 20000 Yuan fines;

    Fixed route passenger transportation management, for no reason in the middle to replace their vehicles, dump and bypass the showmanship or transfer of passengers transported by others and fined 1000 Yuan and 3000 Yuan fine.

    The 39th article violates this article approaches its 20th, taxi companies and self-employed persons are not insured by the regulation which the carrier's liability insurance, covered by the road transport authority ordered; refusing to insure, and fined 5000 Yuan in fines.

    40th article violates this article approaches the 21st, taxi companies and self-employed workers refused to obey the unified scheduling, command, given by the road transport authorities warned, and more than 5000 Yuan for units of less than 10000 Yuan fines; more than 1000 Yuan for individuals of less than 3000 Yuan fine.

    41st illegal the approach set forth in the 22nd, 25th, taxis are not in accordance with the required safety, services or taxi without authorization settings, post an ad cover facilities such as taxi signs and license plates, by the road transport authorities on taxi enterprise or individual operators, 300 yuan more than 1000 Yuan fine.

    42nd article violation this approach 23rd article provides, taxi enterprise or individual operators using without integrated performance detection or integrated performance detection not qualified of vehicles engaged in road transport of, by road transport management institutions ordered corrected, sentenced 1000 Yuan above 5000 Yuan following of fine; not by provides maintenance vehicles of, sentenced 200 Yuan above 1000 Yuan following of fine; plot serious of, revoked operating license procedures.

    Article 43rd taxi drivers in violation of the measures set forth in the 26th, 27th, managed by a road transport agency ordered corrective action and be punished in accordance with the following provisions:

    (A) failing to carry vehicles operating documents, of less than 100 Yuan and 200 Yuan fines;

    (B) but does not pay for passenger car Bill, the Bill does not have the dedicated chapter sentenced to between 100 Yuan and 300 yuan of fine;

    (C) is not in accordance with the provisions in place for rent order to carry passengers, and impose a fine of less than 100 Yuan and 300 yuan;

    (D) the hire car body, car defaced, operate number plates not sentenced to between 100 Yuan and 300 yuan of fine;

    (E) the operation does not use the meter, fined 500 Yuan more than 1000 Yuan fines;

    (F) price scams, and fined 1000 Yuan and 3000 Yuan fines;

    (G) empty hire for rent with or without the permission of the passengers to attract others, each punishable by fines of less than 1000 Yuan and 3000 Yuan, in serious cases, may order rectification;

    (VIII) refused to accept the check or frustrate law enforcement, fined 500 Yuan more than 1000 Yuan fines; serious cases, suspension of qualification.

    Taxi driver breaks operation service specification, quarters in violation of more than 2 times, to participate in the road transportation management organization training upon passing the examination before the back to work.

    Any of the following circumstances, suspension of the qualification:

    (A) the violation more than 2 times in the quarter refused to participate in training;

    (B) the annual total of 6 times or more in violation of;

    (C) deliberate provocation, insult or assault passengers and law enforcement personnel.

    44th article violates this way to the 31st article of illegal trading, from city and county road transport authority ordered to stop illegal business, with more than 5000 30000 Yuan fines; serious penalties in accordance with the following provisions:

    (A) the bad social impact, today illegal trading practices more than 2 times, between 50000 and 30000 Yuan Yuan fines;

    (B) forged road transport certificates in the operational activities, between 80000 and 50000 Yuan Yuan fines;

    (C) violence, armed operation of resisting, more than 80000 below 100000 RMB yuan in fines.

    Article 45th acts in violation of these rules cannot be processed on the spot, road transport management body may suspend operating certificates, proof of pending warrant issued as part of its continued operation. Refusing to accept checks as well as engaging in illegal trading, regulatory bodies may withhold their vehicles for road transport, and uniformly made and issued by the provincial administration of road transportation agencies of withholding documents.

    Withholding of vehicles are scrapped vehicles, road transport authority handed over to the relevant authorities. Illegal parties shall from the date the vehicle was suspended in the 7th 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 party without due cause fails to perform the penalty decision, road transport management body may apply to a people's Court for compulsory execution, or proceed with auctions suspended vehicles.

    Sale price net of auction fees, temporarily suspended during the custody costs, after offsetting penalties, late fees, and refund the illegal party.

    Taxi enterprise or individual operators, 46th and employees or passengers are hindered from performing their duties, disruption of public order, public security organs in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized constitutes a crime, criminal responsibility shall be investigated according to law.

    47th party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    48th taxi industry management and staff abuse, malpractice, negligence, by their work units or by the competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 49th these measures shall come into force on September 1, 2010. Released on November 27, 1993, the Benxi City taxi management policy (9th municipal people's Government) abrogated.