Administrative Measures For The Automobile Repairs And Servicing Industry In Hubei Province

Original Language Title: 湖北省机动车维修业管理办法

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(May 24, 2004 Standing Committee of the Hubei provincial people's Government considered on August 1, 2004 order No. 264 of Hubei Province, announced as of August 1, 2004) first in order to strengthen the management of motor vehicle repair industry, standardize operation behavior, improve the quality of vehicle maintenance, maintenance operators and clients of the legitimate rights and interests, in accordance with the People's Republic of China Road transport regulations and the relevant provisions of the regulations on road transport, in Hubei Province, these measures are formulated.
    Article in within the administrative area of the province engaged in motor vehicle repair industry, implementation of the supervision and management of the automobile repairs and servicing industry, should comply with these measures.
    Motor vehicle repair industry in these measures, refers to the power-driven or traction, road passenger or for officers to carry items of wheeled vehicles, carrying out special operations maintenance, repair and operation of the comprehensive test.
    Article traffic administrative departments in charge of the people's Governments above the county level in the administrative area of vehicle maintenance management, work by a corresponding set of road transport authority (hereinafter referred to as transportation management agencies).
    Public security organs above the county level responsible for the social security administration of the motor vehicle repair industry.
    Administration for industry and Commerce above the county level, quality monitoring, taxation, price, labor, work safety supervision and management departments, in accordance with their respective responsibilities, common good management of motor vehicle repair industry.
    Article fourth of units and individuals engaged in motor vehicle repair industry (hereinafter referred to as maintenance operators) can be established according to law motor vehicle maintenance trade associations, strengthening self-discipline, assist in the management of industry Management Department, regulate business behavior, defend their legitimate rights and interests, and provides business training, technical exchanges, technology promotion, information dissemination, policy advice and other services. Fifth maintenance operators should be commensurate with its business categories and items of the site, equipment, facilities, professional and technical personnel and improve motor vehicle maintenance management system, the necessary environmental protection measures and other conditions.
    Specific conditions, by the provincial transport administration authorities refer to national standards, and to the public.
    Sixth article application engaged in motor vehicle maintenance industry of units and personal, should to location County shipped tube institutions proposed application, and provides: (a) job places right of legal proved file; (ii) practitioners of practitioners qualification certificate and technicians of skills certificate; (three) and application category phase adapted of equipment schedule and the about measurement detection equipment of verification, and calibration proved; (four) legal, and regulations, and regulations provides of other information.
    Apply for motor vehicle repair industry units and individuals must comply with the regulations of the State fire and security safety management regulations. Article seventh maintenance operators meet the required conditions, transportation management agencies shall, in accordance with the provisions of administrative permissions, from the date of acceptance of the application review is completed within the 15th and issuance of motor vehicle maintenance and operating permits, and issuance of motor vehicle repair signs or detect signs; do not meet the required conditions of no permission, and shall inform the applicant.
    Maintenance operators shall hold a permit to the administrative organ for industry and commerce in accordance with law on registration procedures.
    Engaged in performance testing of motor vehicle repair businesses must also comply with the requirements through the measurement accreditation of quality and technology supervision departments.
    Motor vehicle repair license has been revoked for less than 1 year of units and individuals may not re-apply engaged in motor vehicle repair industry.
    Article eighth maintenance operators within 180 days from the date of obtaining business licenses are not engaged in motor vehicle repair business, its operating license shall automatically cease. Nineth maintenance business merger, Division, transfer, establishment of branches, the change management category and item, changing locations, transportation management agencies should be made to the licensing decision change procedures.
    Maintenance matters such as changes of name, legal representative, shall be from the date of change in the 30th to make licensing decisions of transport administrative organ for the record. Before the tenth maintenance operators out of business, shall properly handle the aftermath and to society announcements.
    In the 30th after the announcement, made the decision on licensing Transport Agency for cancellation of licensing procedures for cancellation of vehicle maintenance sign detection signs or motor vehicles.
    11th engaged in motor vehicle repair industry technician, quality inspector and the settlement price shall be provided for by the State to participate in specialized training and examinations.
    12th maintenance operators shall be in accordance with the motor vehicle repair business licence approved by category and business scope and activities shall not, category management, and Super scope.
    Maintenance contractors traffic accident vehicles, modified vehicles must comply with the relevant provisions of the State.
    Prohibited dangerous goods transport vehicle maintenance maintenance qualifications operators repair cars for the transport of dangerous goods.
    13th maintenance operators shall permit the approved workplace in the operations, and prominently hanging motor vehicle maintenance for the premises sign detection signs or motor vehicles.
    Article 14th repair businesses in overhauling, Assembly overhaul, two-level maintenance and other maintenance budget when operating maintenance costs more than 1000 Yuan, should support shall sign a maintenance contract.
    Maintenance of motor maintenance contract demonstration text made reference to national provisions, and should include the model text of the main provisions of the contract.
    15th maintenance operators should carry out the price. Settlement maintenance costs, calculate costs, material costs, inventory and Bill of materials and work together with supporting Parties.
    Settlement work, shall not exceed the provincial transport Administration Department of motor vehicle maintenance and fixed working hours.
    Maintenance operators shall provide a settlement certificates produced by the tax authorities.
    Maintenance operators not complying with the provisions issued by the settlement vouchers, supporting or sending party can refuse to pay the costs.
    16th maintenance testing maintenance operators use equipment and technology of measuring instruments should be kept in good condition, and in accordance with the provisions to technical institutes for periodic verification or calibration.
    17th maintenance operators used in the maintenance of spare parts and materials must comply with the national regulations and requirements for product quality management.
    18th maintenance operators shall be in accordance with national standards, industry standards and local standards and process maintenance, testing of vehicles, repair, inspection records, vehicle maintenance and inspection technologies established by filing and registration account.
    There is no maintenance, testing of standards and norms, should refer to the vehicles factory manuals, repair manuals and related technical data maintenance, testing operations.
    19th maintenance operators must establish registration, inspection and reporting system on suspicious circumstances, and accept the supervision and inspection of the public security organs.
    Maintenance maintenance replacing the engine or body (frame), modified cars, change the color and other projects, you must check changes, modification of motor vehicle clearance certificates issued by the public security organs.
    Public security organs at all levels towards the establishment of security management information system of the motor vehicle repair industry in the province.
    20th vehicles into the plant and maintenance operations, must be carried out by the quality inspector quality testing, and complete inspection records.
    Vehicle repairs completed before delivery, maintenance must be completed in accordance with the relevant technical standards testing, inspection, quality inspectors of the automobile repair factory completion certificate was issued, the factory may be granted.
    Maintenance operators have completed testing, you can post; not capable of completion detection capability shall entrust with completion detection unit testing qualifications. Article 21st motor vehicle maintenance and the implementation of quality assurance system of maintenance. During the quality guarantee period, vehicle breakdown or damage caused by the maintenance quality, maintenance free repair.
    Quality guarantee period specific period can be supported by both sides agreed in the maintenance contract, but minimum standards should not be less than the time limit stipulated by the State standard; not stipulated in the contract, as stipulated in the national quality assurance standards.
    22nd transport agencies above the county level shall strengthen the automobile repairs and servicing industry guidance and services, client applications can support (test) quality for maintenance or test results the parties mediation for disputes that occur, and, if necessary, related professional and technical personnel or delegate has detected qualified to conduct technical analysis and identification of units.
    23rd article ban maintenance industry households engaged in following activities: (a) bearing repair, and recycling, and split solutions should scrap or has scrap of motor vehicle and assembled motor vehicle; (ii) knows is theft, and robbery proceeds motor vehicle and be modified, and assembled or reselling; (three) no police organ issued of motor vehicle change, and modified approval proved and replaced engine, and body (frame), and modified models, and change body color; (four) change motor vehicle engine number or body (frame) number;
    (E) knowingly transports traffic accident escape vehicle was not reported to the police for repairs.
    24th no unit or individual is allowed to use administrative means to force in disguise, forcing owners to specify locations for maintenance and testing. 25th transport agencies above the county level shall exercise supervision in accordance with the motor vehicle maintenance trade inspection, right to request maintenance operators to provide the relevant documents and information, enter the site for inspection, according to law to collect relevant evidence, and can proceed to save equipment, repair parts and materials to be registered; in dealing with offences, violations can be announced to the public.
    Maintenance operators shall provide relevant information and circumstances, accept supervision and inspection.
    Inspectors duties shall present certificate of administrative law enforcement.
    Article 26th repair business in violation of the rules, laws and regulations, regulations already provide for administrative penalties, from its provisions.
    27th traffic administrative departments, transportation management agencies and their staff in the management process of neglect, abuse, deception, sanction is given by its parent bodies constitutes a crime, criminal responsibility shall be investigated according to law. 28th article of specific administrative act undertaken by the parties, may apply for reconsideration or bring a lawsuit.
    If no application for reconsideration does not prosecute, or carry out a specific administrative act undertaken by authorities seeking to enforce a specific administrative act.
                                                                      29th these measures shall come into force on August 1, 2004.