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Administrative Measures For The Automobile Repairs And Servicing Industry, Shantou City

Original Language Title: 汕头市机动车维修业管理办法

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(Health No. 73 of 4 December 2003)

Article I, in order to strengthen the management of the motor vehicle maintenance industry in the city, preserve the order of the motor vehicle maintenance market, guarantee the legitimate rights and interests of both parties, ensure the quality of maintenance, guarantee the safety of motor vehicles and develop this approach in line with the relevant laws, regulations and regulations.
The motor vehicle maintenance industry referred to in this approach refers to the industries installed for various vehicles (including engineering vehicles, specialized transport vehicles, public cars, under the same heading), motor vehicle maintenance, repair, chewing, laundering and spare parts.
Article 3 businesses and individual businessmen involved in the operation of motor vehicle maintenance activities within the scope of this city (hereinafter referred to as maintenance agents) shall be subject to this approach.
The law also provides for the provision.
Article IV. The municipal transport administration is the authority of the motor vehicle maintenance industry in this city and is responsible for organizing this approach.
The specific management of the motor vehicle maintenance industry is carried out according to the division of duties:
(i) The management of the treasury area, the lake area, the automated vehicle maintenance industry, which is the responsibility of the municipal transport administration authorities or the agency entrusted to them.
(ii) The management of mobile vehicle maintenance in the sea area, trajectory and southern areas, which is responsible for transport administration authorities in the area.
(iii) The management of motor vehicle maintenance in South Macao district, with the responsibility of the district's transport administration authorities.
Public safety, labour and social security at all levels, environmental protection, planning and land resources, goods, city administration, urban administration administration administration, business, tax, quality technology supervision, and in accordance with their respective responsibilities, the transport administration authorities are assisting in the management of the motor vehicle maintenance industry in the city.
The management of the motor vehicle maintenance industry should be followed by the principles of “Uniformity, openness, competition and order” and adhere to the “planning, coordination, services, oversight” approach and encourage legitimate competition and the protection of legitimate operations”.
The units and individuals involved in motor vehicle maintenance activities (hereinafter referred to as operators) should be subject to professional ethics, lawful operation, quality assurance, fair transaction and service users.
Article 6.
The car maintenance industry is divided into three categories:
(i) One type of automotive maintenance: granting the operation of automobile repairs, overall repairs, and maintenance of vehicles, automotive repairs and automotive repairs.
(ii) Two types of automobile maintenance: the granting of the maintenance of the automotive vehicle and the minor refurbishment of the vehicle, in accordance with conditions, and the approval of the battalion, can be added to the total length of the vehicle.
(iii) Three categories of automotives: special maintenance for the operation of automotive cars (including vehicle vehicle car repairs, paints, tents, mattresses and interior dressings, electrical repairs, storage of batteries, heating, oil boxes, voucher repairs, four rounds of positioning, tyres, installation of car windows, air conditioners, heating air conditioners, repairs, sprayers, fuel tanks, repairs, axes, axes, maintenance of vehicles, etc.
The motor vehicle maintenance sector is divided into two categories:
(i) Meto Cards: Provide for the operation of motor vehicle repairs, master repairs, and maintenance and minor repairs.
(ii) Two types of motor vehicle maintenance occupants: the granting of motor vehicle maintenance and minor repairs.
Article 7. Medium-term joint ventures (cooperation) Maintenance of enterprises, special maintenance centres (stays), maintenance of dangerous cargo vehicles, accident motor vehicle repairs and government service-planned businesses, which must meet the operating category of cars (moto vehicles).
Article 8. The maintenance industry shall have the conditions of the plant, premises, maintenance equipment, facilities, personnel, funds, etc. that are adapted to its operating categories. Specific opening conditions are implemented in accordance with national standards, the conditions for the opening of the automotive industry, the conditions for the operation of the motor vehicle maintenance industry.
Article 9
(i) Category I, type II automobile maintenance and vehicle vehicle car repairs, paints, spray pumps, sprayers, smelter repairs, axes, cricks, distributors, three types of automotives for the oil box repair project, should be opened in industrial or integrated land.
(ii) There shall be no mobile vehicle maintenance house in closed residential areas and in correctional areas, and in the area of wind poles.
(iii) Strict control of the construction of mobile vehicle maintenance in the open residential area. Specific control indicators and management approaches are developed separately by municipal transport administration authorities.
Article 10 requires units and individuals involved in motor vehicle maintenance activities (hereinafter referred to as applicants) to process the application of a licence for motor vehicle maintenance (hereinafter referred to as a licensor) in the following procedures:
(i) The applicant submits a request for the establishment of an application to the local transport administration authorities (zonal, district) and provides the following information:
The establishment of an application report;
The establishment of the application form;
3 Essssibility reports for companies that have legal qualifications;
4 Legally valid means of proof or financial security;
v.
The foreign-investment enterprise shall also submit an instrument of ratification;
The business sector pre-approved procedures.
(ii) In parallel with the submission of an application, the applicant shall report to the environmental impact evaluation of the project.
(iii) The transport administration authorities review the establishment of a request in accordance with the social needs and the planning of the BB and provide a written review within 15 working days from the date of formal receipt of the application. In accordance with conditions, the establishment of an instrument of ratification shall be communicated in writing to the applicant and the reasons for it.
(iv) Upon receipt of the establishment of the instrument of ratification, the applicant shall complete the construction of the operation project within three months, with the equipment, personnel provided for under the conditions of the opening industry, organize practitioners to conduct induction training, vetting, job certificates and establish systems, archives, implementation of safety, environmental measures, etc.
(v) The applicant provided the following information to the transport administration authorities at the location (zone, district) for requests for business:
1) Report on requests for business;
2: An application form;
The pre-approval of enterprise name from the business sector;
4 Effective documentation and a synoptic map of the plant sites;
5: Rosters and occupational qualifications certificates of practitioners, job certificates;
6 Liquid funds;
The relevant corporate quality management, safe production, environmental protection systems and measures;
Other materials provided for by law, regulations and regulations.
Article 11. The transport administration authorities shall conduct a preliminary review within two working days of receipt of the applicant's request for business and, as appropriate, address:
(i) To receive the information on the application and, according to the following:
1) An application for the start-up of a single automotive operator, reviewed by the municipal transport administration, approved by the provincial transport administration authorities;
Two types of automobile maintenance and one type of motor vehicle maintenance applications are reviewed by municipal transport administration authorities.
The three categories of automotives and two types of motor vehicle maintenance were requested by the treasury area, the Lake Roon region, and the Yuangi region, reviewed by the municipal transport administration authorities; the clarification of the sea area, the positive area, the southern area, the South District, and the Southern Macao District, reviewed by district (the district) transport administrative authorities, and the approval of the municipal transport administrative authorities.
(ii) Inadequate application information, a one-time lack of information, a written notice of the completion of the applicant's time limit, and a failure to be completed by the end of the period is considered to be non-applicable.
Article 12 Applications for the operation of the vetted motor vehicle maintenance shall be reviewed by the transport administration within 20 working days of the date of receipt, in accordance with the conditions for the start-up and the requirements for the location set out in the scheme, subject to the conditions of the operation and the requirement for the location set forth in this approach, and shall inform the applicant in writing of the reasons.
Article 13. The applicant shall engage in the operation of the motor vehicle maintenance after the licensees granted by the transport administration authorities are legally registered with the business, tax authorities.
Article 14. The maintenance of the industrial worker shall, after the conduct of business registration, transmit a copy of the business licence to the transport administrative authorities authorized by the opening industry and receive a mark indicating the scope of the maintenance, indicating that the mark should be a clear place in the operation.
Article 15 The maintenance sector requires mergers, separations, relocations, renames and change of business projects, and shall be authorized by the transport administration authorities approved by 30 years of publication, with a change in the licence; the suspension, the chewing industry shall conduct the relevant procedures by 20 years to the authorized transport administration authorities.
The above-mentioned matters should also be governed by the relevant procedures of the registered business, tax authorities.
Article 16 shall require the authorized transport administrative authorities to conduct the annual review of the licence process; not to participate in the annual or annual proceedings, and the business administration shall not proceed with the annual review process and the maintenance industry shall not continue to operate.
Article 17: The following persons engaged in motor vehicle maintenance shall be trained in accordance with the relevant provisions to obtain occupational qualifications certificates from the labour and social security sector, and are accredited to the post certificate by the municipal transport administrative authorities when they are awarded:
(i) Vehicles, motor vehicle maintenance.
(ii) Quality tester.
(iii) Price slotting.
The fees for training, archaeological examinations are charged against the fees approved by the price sector.
Article 18
The owner or the user of the motor vehicle shall carry out the maintenance of the corresponding categories of maintenance operators in accordance with the scope of the operation.
Article 19 prohibits the occupier of the maintenance industry from going beyond the approval of the operating premises, taking the road (content, greenfield), parking vehicles in public places or carrying out maintenance operations.
Maintenances in the open residential area are prohibited from operating with noise from 12 to 14 a day, from 23 to 7 p.m.
Article 20
(i) Maintenance in accordance with national, industrial or local standards. There are no standards for maintenance manuals and related technical information for motor vehicle production enterprises.
(ii) The strict implementation of the maintenance test system and the testing record.
(iii) A vehicle with a secondary maintenance, overall renovation and refurbishment of the vehicle will have to be tested by an automotive automotive inspection station with a test of qualifications.
(iv) Emphasis should be included in the quality of maintenance, and the cost of repaired motor vehicles must be consistent with national emission standards. One, two types of automobile maintenance enterprises and a type of motor vehicle maintenance business must be equipped with a vehicle terminal monitoring instrument that will test emissions by the automotives for major repairs and engines in order to meet national emission standards, and must be rehabilitated to a factor that meets emission standards.
(v) Quality tests are not carried out by unqualified maintenance vehicles.
Article 21, the construction of a clean-up vehicle maintenance system, and the maintenance of quality assurance periods for eligible vehicle motor vehicles shall not be less than the following:
(i) The period of quality assurance for major motor vehicle repairs, the launch of a total air conditioner, which was not less than 90 days or less than 10000 km from the date of completion of the vehicle.
(ii) The quality assurance period maintained at the secondary level, which is not less than 15 days or less than 1500 km from the date of the maintenance of the vehicle's completion plant.
(iii) The quality assurance period maintained at the level of the vehicle was not less than 3 days or less than 300 km from the date on which the vehicle was completed.
(iv) The quality assurance period for minor repairs, which was not less than 700 kilometres from the date of the completion of the vehicle.
Article 2 states that, during the period of assurance, motor vehicles have been malfunctioning in the quality of the maintenance of the renovation project, the former's repairers shall be free of charge and shall assume the resulting economic losses in accordance with the law; the replacement of new components, spare parts (other than the supplier) in the maintenance of the motor vehicle, and the damage to the vehicle due to the quality of the new spare parts, and the repairer shall be responsible for compensation.
Article 23 of the motor vehicle maintenance plant was introduced in a pre-fabricated voucher system (with the exception of the car minor repair and part of the vehicle-specific repair costs of 1000 and motor vehicle maintenance and minor repair). In the case of the vehicle maintenance completed and the testing of the eligible dried, the maintenance of the vehicle inspector shall be given a certificate of eligibility to the vehicle licensor for the maintenance of the vehicle.
Article 24
No unit or person is prohibited from falsifying, selling, transferring a vehicle maintenance certificate of eligibility.
Article 25 Maintenance projects involving the maintenance of secondary maintenance, overall improvement, repair or maintenance of works at more than 1,000 dollars should be concluded with the requisitioner.
Article 26 The maintenance of the construction of a vehicle registration unit shall be registered as follows:
(i) Registration of vehicles in accordance with the motor vehicle vehicle vehicle route project, vehicle fleets, vehicle numbers, plant brands, vehicle colours.
(ii) The name or name of the vehicle owner, the name of the carrier and the driver's number.
(iii) The repair project (a accident vehicle shall be registered in detail at the Ministry of Rehabilitation).
(iv) The time of delivery and the name of the vehicle.
The operators should provide the users with all technical files when they are refurbished, refurbished and secondly maintained mobile vehicles. The technical file must be documented as the case of maintenance.
Article 27 prohibits the operation of the maintenance industry by:
(i) Removal motor vehicles and mobile vehicles already included in the State's mandatory coverage.
(ii) Removal of motor vehicles as shown by the non-public transport management.
(iii) The use of a mandating vehicle.
(iv) The intentional use of vouchers, defective parts to maintain mobile vehicles.
Article 28 provides that the fees for the maintenance industry should be strictly enforced in accordance with the relevant provisions of the price management, with the Government pricing, and the maintenance industry shall, as required, conduct the price declaration of motor vehicle maintenance services by the municipal price authorities, offer a licence for operating services in the Province of Hiroshima to carry out a green operation; and impose a minimum price. Constraints, inclination costs may not be charged with any unmarked costs, which cannot be misleaded by false advertisements, without undue means to carry out maintenance operations.
Article 29 shall use invoices or value-added tax-specific invoices by tax administrations and provide relevant vouchers such as maintenance work hours, material settlement checklists. Work hours and material fees should be calculated on a sub-item basis.
The operator had no invoice or the relevant voucher and the paymentee had the right to refuse payment.
Article 33 Traffic administrative authorities or law enforcement agencies entrusted with them may enter the office of the operator, operate on the basis of law. The operators should be aware of the inspection of law enforcement officials, and, if so, provide information.
In law enforcement, the mark should be assembled, presenting the law enforcement documents issued by the Provincial Government.
Article 33 Maintenance practitioners should submit statistics in a timely and accurate manner to transport administrative authorities, in accordance with the relevant provisions.
Article 32, in violation of this approach, is punishable by the transport administration authorities in accordance with the relevant provisions of Article 59 of the Regulations on Road Transport Management in the Province of Broad Orientale:
(i) In violation of article 10, the unauthorized conduct of motor vehicle maintenance activities is responsible for the cessation of maintenance activities, forfeiture of proceeds of conflict and fines of $5,000.
(ii) In violation of article VI, it goes beyond the authorized operating category or the scope of operation to carry out maintenance activities, forfeiture of illegal proceeds, forfeiture of licences and fines of $500 per vehicle.
(iii) In violation of article 16, the maintenance of the employer is not subject to a provision for a change, suspension of the business and the procedures for the administration of a licence for a period of three months or a suspension of the licence and a fine of $200,000.
(iv) In violation of article 16, the duration of the period of time was not completed by a provision for the processing of the annual trial proceedings and a fine of 500 dollars for the automotive maintenance; and a fine of $200,000 for motor vehicle maintenance.
Reimbursement of the business liability for unqualified maintenance was made within 30 days of the annual review and the replacement of an individual maintenance officer for 15 days; the replacement was still unqualified, the suspension of the business, the suspension of the licence for three months or the suspension of the licence.
(v) In violation of article 27, the acquisition of replacement vehicles, the use of spare parts for the use of movable vehicles, the suspension of the production, confiscation of proceeds of illegality and fines of $50 million.
Article XXIII, in violation of this approach by the maintenance industry, has one of the following acts, punishable by the authorities of the transport administration in accordance with the provisions of Article 12, Article 17, of the Regulations on Administrative Punishment of Road Transport of the Ministry of Transport:
(i) In violation of article 14, it is not warned by a uniformed mark; the warning is still uncorrected and fined by $30 million.
(ii) In violation of article 17, a person who has not obtained a job certificate has been organized to carry out activities for the operation of a man with a corresponding eligibility requirement, with a fine of 100 dollars per person, but the total fine shall not exceed 1000 dollars; and the motor vehicle maintenance practitioners are subject to a fine of 200 dollars.
(iii) In violation of article 20, paragraph 1 (i), not subject to technical standards for the maintenance of operations or maintenance of work gaps, ordering to supplement the corresponding maintenance operation project and fines of $500,000 per vehicle to each vehicle, with a total fine not exceeding $100,000. At the same time, the quality inspector was warned or fined up to $50.
(iv) In violation of article 20, paragraph 1 (b), not to complete the maintenance test record by providing for a fine of 300 dollars per vehicle, but the total fine shall not exceed $50 million.
(v) In violation of article 20, paragraph 1 (iii), the maintenance of the automotive repair industry is not subject to technical requirements for the completion of the construction plant, with a total amount not exceeding $100,000.
(vi) In violation of article 21, the repaired vehicle was fined by $50 for failures in the quality of maintenance during the period of quality assurance; and a fine of $50 million was imposed for major accidents.
(vii) In violation of article 23, the secondary maintenance of vehicles, the repair of the total vehicle and the refurbishment of the vehicle are not subject to a provision for completion, the issuance of the vehicle maintenance certificate, and a fine of $50 per vehicle, with a total fine not exceeding $50 million.
(viii) In violation of article 24, paragraph 2, the collection of their illegal documents and the fine of the United States dollars only for the maintenance of or forfeiture, and for the completion of the vehicle maintenance.
(ix) In violation of article 25, the operators involved in the maintenance of the automotives are not subject to a fine of 100 dollars to enter into contracts with the author.
(x) In violation of article 28, the use of unjustifiable means, such as deduction or deduction, is deliberately overstatement of the repair project and is fined by the amount of US$ 2000.
In violation of this approach by the maintenance industry, the damage to the vehicle owner should be borne by law.
Article XV of the maintenance industry violates the laws, regulations and regulations relating to industrial and commercial administration, taxation, prices, security, quality technical supervision, environmental protection, urban congestion, labour and social security, respectively, by the relevant administrative authorities.
Article 36 of the Transport Administration allows for the suspension of the related maintenance equipment without the authorization to carry out a motor vehicle maintenance activity and to take a decision within the specified period.
Article 37 Administrative authorities should promptly receive complaints against motor vehicle maintenance workers and disputes arising in motor vehicle maintenance activities and respond or address them within 20 days.
Article 338 does not determine administrative penalties and may apply for administrative review or administrative proceedings in accordance with the law. The parties had not applied for administrative review or for administrative proceedings and had not fulfilled their penal decisions, and the authorities that had taken a penal decision had applied to the People's Court for enforcement.
Article 39 rejects, impedes the exercise of public service by law enforcement officials in the area of motor vehicle maintenance, which is punishable by public security authorities in accordance with the Regulations on the Safety and Security of the People's Republic of China; constitutes an offence punishable by law.
Article 40 regulates the management of transport administrative authorities, acts of negligence by law enforcement officials, abuse of authority, provocative fraud, bribes, and is subject to administrative disposition by their units or superior authorities; constitutes an offence punishable by law.
Article 40