Administrative Measures Of Guangdong Province, Taxi

Original Language Title: 广东省出租汽车管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257742.shtml

Administrative measures of Guangdong Province, taxi

    (February 10, 2010 11th 49th Executive session of Guangdong Province on March 2, 2010, people's Government of Guangdong Province, the 145th announced as of May 1, 2010) Chapter I General provisions

    The first in order to strengthen the management of the taxi industry, standardize the operation and management, improve service quality, and protect the legitimate rights and interests of passengers, taxi driver, taxi operators, according to the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Article this regulation is applicable within the administrative area of the province is engaged in a taxi business and management activities.

    Taxi in these measures, is a legitimate operation qualification, according to passengers willing to provide passenger transport services, in terms of mileage or time billing of small passenger cars with 5 seats.

    Article III competent authorities responsible for the administration of the people's Government above the county level transportation within the taxi industry management.

    Planning, public security, supervision, finance, human resources and social security, housing and urban-rural construction, prices, industry and commerce, quality supervision, taxation and other departments, in accordance with their respective responsibilities, good management of taxi-related. Taxis fourth section is an important part of urban comprehensive transportation system.

    The people's Government above the county level shall, in accordance with the economic, social and urban development, work out a taxi plan.

    Article fifth engaged in taxi business shall obtain a license, no unit or individual is allowed to blockade or monopolize the taxi market.

    Sixth taxi management should follow open, fair, just and convenient principle, promote the healthy and orderly development of taxi market to meet the travel needs of the masses.

    Taxi operators and drivers shall operate, being honest and trustworthy, fair competition and civilized service. Article seventh among the taxi trade to the large-scale and intensive development.

    Promote information management and the use of environmentally-friendly, energy-saving models.

    Chapter II administration of rights

    Eighth local enterprises should be taken overall quality and quality of service as the main conditions of taxi operation rights bidding configuration, and optimize the business operators.

    Taxi operation rights of paid transfer of cities and counties had been implemented, need to continue to implement, and should be submitted to the provincial people's Government.

    Has not been effected the right paid transfer of city and County shall not taxi operation rights of paid transfer of new policies.

    Nineth people's Governments above the county level transportation departments should be based on taxi development plan and market demand, reasonably OK taxi of new capacity put on the quantity, type and other developed taxi operation rights allocation plan, and to the public.

    Taxi operation rights allocation plan shall be approved by the municipal people's Government above the ground level, and provincial transportation departments after implementation.

    Tenth section engaged in the taxi business, shall meet the following conditions:

    (A) the funding of the purchase of eligible vehicles;

    (B) commensurate with the scale of the registered capital;

    (C) there is commensurate with the scale of venue operators, parking places;

    (D) have a sound safety, quality of service, vehicle, driver management system;

    (V) other conditions stipulated by laws, rules and regulations.

    11th transportation transport authorities of people's Governments above the county level shall, from the date on which the decision on the right to operate a taxi license in the 30th, road transport operators permit issued for taxi operators and road transport certificates of vehicles that meet the provisions issued.

    12th taxi cab operators shall take the road transport operating licences, industrial and commercial administrative departments to handle the registration formalities according to law.

    Without taxi licences and the registration shall not be engaged in the taxi business. 13th taxi operation rights for a period of 5 years to 10 years.

    In the specific term of operation of the aforementioned period, stipulated by the people's Governments above the county level transportation departments.

    Expiry of the term of operation normal operation or operation, its right by the original licensing bodies recovered.

    Article 14th taxi operators out of business, closing, merging, migrating locations, changes its name, as well as the vehicles stop, update, reduce, should be to the primary licensing authority for the procedure.

    Taxi operation rights lawfully obtained may not be transferred, except as otherwise provided by laws and regulations.

    15th taxi operators should be fully financed the purchase of vehicles, through a one-time buyout right or high risk deposit passed on by way of business risk.

    16th under any of the following circumstances, in whole or in part by the original license authority to recover their taxi operation rights and write off its road transport certificates:

    (A) the transfer of illegal taxi operation rights;

    (Ii) high risk deposit passed on by way of operational risk;

    (C) taxi operation rights made license 180 days without due cause is not operation, or during the term of operation for 180 consecutive days is not operating;

    (D) corporate reputation for quality assessment for two consecutive years are not eligible.

    Chapter III administration qualification Article 17th taxi drivers carry out qualification examination system.

    Taxi drivers shall be subject to the examination, obtain qualification certificate before they can engage in the taxi activities.

    Taxi driver's licensing exam syllabus, examination methods and qualification certificate design, by the provincial Transportation Department.

    Article 18th of the taxi driver's licensing exam, shall comply with the following conditions:

    (A) under 18 years of age under 60 years of age, unemployed contraindications;

    (B) obtain a corresponding motor vehicle driver's license and at least 2 years driving experience;

    (C) within 3 years General over primary responsibility for accident-free record.

    Article 19th taxi driver qualification examination shall be made to the taxi business people's Governments above the county level transportation departments and related materials submitted in accordance with the provisions of article 18th.

    Article 20th taxi driver qualification card is valid for 6 years.

    Taxi drivers shall, on the expiry of the validity of the qualification certificate 30th to the original certificate authorities issue certificates.

    Taxi driver qualification documents lost, damaged or changed work units, should be to the original certificate authorities reissue or change procedures.

    21st taxi drivers have one of the following circumstances, the people's Government above the county level responsible for transportation shall suspend its qualification, and call it re-exam; the examination, may continue to be engaged in taxi business activities:

    (A) be effective complaint service quality incidents within one year up to 3 times or more;

    (B) significantly above the primary responsibility of traffic accident;

    (C) taxi documents lent to others;

    (D) taxi subcontracted to others or to hire the driver.

    22nd taxi drivers have one of the following, by the issuing authority to remove his qualification:

    (A) the holder to apply for cancellation;

    (B) the driver's license is revoked or cancelled;

    (C) age more than 60 years of age;

    (D) after the expiration of validity of the qualification certificate fails to apply for the replacement;

    (E) other circumstances that warrant the cancellation of qualification.

    The fourth chapter vehicle management

    Article 23rd taxi operators should ensure that their taxis meet the following conditions:

    (A) meet the requirements of national and local technical standards, environmental standards and inspection;

    (B) the motor vehicle licence in accordance with law;

    (C) according to the rules configured, installed cab lights, empty cars for rent signs, meters, with satellite positioning features of vehicle traveling data recorder, security installations and facilities;

    (D) prescribed spraying body color, indicating the operator name, supervision and complaints;

    (E) in accordance with the provisions of the purchase traffic compulsory insurance and third party liability insurance of motor vehicles;

    (F) meeting the operating vehicle technical classification and assessment requirements (JT/T198) provides more than two technical level;

    (VII) other conditions stipulated by laws, rules and regulations.

    24th taxi operators should be according to the relevant regulations of the State vehicle technical management system, keep the vehicle clean and tidy, equipment in good condition. 25th people's Governments above the county level transportation departments should undertake an audit of taxi per year.

    Testing includes: vehicle structure, skin color changes, in accordance with the provided installation, use taxi lights, empty cars for rent signs, meters, with satellite positioning features of vehicle traveling data recorder, security guards and service facilities, and so on.

    The people's Government above the county level transportation departments should examine conditions, each year a comprehensive performance testing of the taxi.

    The fifth chapter management

    Single article 26th taxi operating beginning or end shall have at least one end on the licensed operating within the region. When transporting passengers to the operating area outside the scope of the license, you should select the best route, passengers directly to their destination.

    Return trips should show signs of stopping; return passenger requirements, shall be designated by the local transport authority taxi passenger return taxi site.

    Transportation departments in the people's Governments above the county level cities import and export, airports, docks, stations and other convenient taxi, passenger flow is centralized place to set up the field to return the taxi site, and announced to the public.

    27th taxi cab operators shall comply with the following provisions:

    (A) to comply with laws, regulations, rules and other relevant rules;

    (B) establish scientific and reasonable taxi economy contracting costs and oil prices, changes in market supply and demand mechanism, formation of clear property rights, responsibilities and rights equivalent, paying legal and risk management system;
(C) implementing the tariff the Government Department in charge of price and fees, using the notes produced by the local tax authorities;

    (D) establishment of taxi-driver management files, rotations system and pilot training system, regularly organizes training for drivers, professional ethics and safety education to improve driver quality;

    (V) the operating statements submitted to departments of transportation and other operating data;

    (Vi) to establish quality of service complaints system.

    28th taxi operators should be proprietary, or imposing an economic contract signed a contract with drivers. Economic contract management, you should use standardized contracts, specify the rights and obligations of both parties. Taxi operation rights, vehicle ownership is not transferred because of the contract.

    The contractor shall not subcontract or hire a driver again.

    Taxi contract specification text, the people's Governments above the county level transportation departments for industry and commerce, price and other departments.

    Article 29th taxi cab operators shall enter into labor contracts with drivers, participate in social insurance schemes according to law.

    Driver to implement flexible work system, should be specified in the employment contract.

    Article 30th taxi drivers operating service, shall comply with the following requirements:

    (A) carry vehicles travel card, driver's license, road transport permits, provisions in the cars place the taxi driver qualification card;

    (B) wear clean, polite; disinfected on a regular basis to maintain vehicle appearance appearance clean and tidy; passenger runs, not smoking, eating in the car;

    (C) in accordance with the requirements of passengers routes; not requested by the passenger, should pick the shortest route; for some reason when need to detour, should ask the passengers agreed to;

    (D) shall not be unreasonably refuse hire or solicit others;

    (E) boarding starts after the meter, in the destination charges and issue invoices according to stipulations, shall not in any way direct or disguised cases of overcharging fares;

    (Vi) not to interrupt passenger services without reason or without the consent of the passengers agreed to replace their vehicles;

    (VII) not use taxis for criminal activity or provide convenient conditions for illegal and criminal activities, found that criminal suspects in the operation shall be promptly reported to the public security organs, and to assist the police investigation.

    During the 31st rental cars idle running for rent, with the exception of the following circumstances, a taxi driver shall not refuse:

    (A) cannot control the behavior of their own travel and no one asked users vehicles monitoring;

    (B) passengers carry inflammable, explosive, toxic and other dangerous substances;

    (C) passengers not in accordance with the provisions of accounting standards to pay fare;

    (Iv) passengers in contravention of the road traffic safety at the request of the relevant laws and regulations and traffic control. Article 32nd taxi operators should develop a public emergency contingency plans.

    Contingency plans should include reporting procedures, emergency, emergency vehicles and disposal measures, and so on.

    When there is a public emergency, taxi operators and drivers should be subject to above the county level people's Governments and relevant departments of the unified command of the schedule.

    33rd article County above Government traffic transport competent sector should with police, and planning, and municipal, and housing urban and rural construction, sector, in passenger concentrated of public, and large residential of around road and other necessary of road Shang, according to convenient passengers of principles and road conditions, set has obviously logo of taxi temporary docked points; in main traffic facilities, and tourism attractions and other large public, passenger distribution center set taxi operating points.

    No unit or individual is allowed to taxi operators, driver's illegal car parking fees or obstruction of the normal operation, shall not disturb the normal order means for taxi touting.

    34th people's Governments above the county level transportation departments of taxi operators the implementation of quality assessment systems.

    Quality assessment of specific measures by the provincial Transportation Department.

    35th people's Governments above the county level transportation departments shall establish a complaints system, public telephone, mailing address or email address, accepts complaints from passengers, drivers and operators and social supervision. After the Transportation Department accepts complaints should be dealt with from the date of acceptance in the 20th, and will inform complainants of the outcome.

    Complex, processing time may be extended appropriately.

    36th people's Governments above the county level transportation departments may report established illegal trading incentives.

    Unauthorized engaged in taxi business or cannot provide proof of valid, it may temporarily transport vehicles, and make a decision within the prescribed period.

    The sixth chapter legal liability

    37th article violates these rules, any of the following acts, the people's Governments above the county level Transportation Department fined a maximum of 10000 Yuan more than 30000:

    (A) without taxi licences to engage in illegal trading;

    (B) fail, forged, altered, cancelled and void taxi operating license in the taxi business.

    38th article violates these rules, any of the following acts, the people's Governments above the county level Transportation Department fined 5000 Yuan more than 10000 fine:

    (A) outside the scope of license, engage in a single starting point and end point are not included in the license business activities within the area of operation;

    (B) the non-local taxi taxi spraying color identification, installed cab lights, empty cars for rent signs and other facilities;

    (C) the transfer of illegal taxi operation rights.

    39th in violation of this regulation, operators have one of the following acts, fined a maximum of 3000 Yuan more than 5000:

    (A) the economic contract without financial responsibility contract contract with the driver;

    (Ii) a one-time buyout right or high risk deposit passed on by way of operational risk;

    (Iii) it fails to organize pilot training, ethics and safety education;

    (D) is not in accordance with the provisions of or tampered with the meter and other service facilities;

    (E) failing to submit operating reports and other operational information.

    40th taxi drivers in the trading process, violations of these rules, any of the following acts, penalty of a fine of 50 Yuan and 100 Yuan:

    (A) the intentional detour or even allow passengers without inducing a person to take;

    (B) refuse without good reason or without reason interrupted delivery of services;

    (C) is not used in accordance with the provisions of the meter or to charge passengers for not according to stipulations;

    (D) failing to place the taxi driver qualification certificate;

    (E) taxi subcontracted to employ pilots or others to operate;

    (Vi) when transporting passengers to the operating area outside the scope of the license, backhaul outage does not display signs or are not in accordance with the regulations to the local transportation authority passenger fixed taxi return taxi site.

    41st article of the administrative penalties stipulated in article 39th, 40th, transport, quality, price and other departments according to their respective functions implemented.

    42nd taxi operator management, resulted in the use of taxis to disrupt social order, obstruction of the normal operation, the people's Governments above the county level Transportation Department be ordered to rectify.

    Article 43rd taxi operators fail to pass the annual quality review, the people's Governments above the county level Transportation Department be ordered to rectify.

    44th people's Governments above the county level transportation departments and staff in other departments, have one of the following acts, disciplined by the unit or by the Department constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) not complying with the provisions of taxi licensing procedures;

    (B) is not required to perform regulatory functions, uncivilized law enforcement;

    (C) is not required to accept complaints, causing serious consequences;

    (D) did not stop, according to law on illegal punishment;

    (E) other acts of abuse of power, negligence, malpractice.

    The seventh chapter by-laws 45th article of the rules take effect on May 1, 2010.