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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(November 11, 2003 Government of Shantou 12th Executive meeting on December 4, 2003, released Government of Shantou, 73rd), motor vehicle repair industry, first to strengthen the management, maintenance of motor vehicle repair market order, security contractors and support the legitimate rights and interests of the parties, ensure quality of maintenance, guarantee the safe operation of motor vehicles, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Article the automobile repairs and servicing industry mentioned in these measures refers to various types of vehicles (including vehicles, special vehicles, buses, the same below), motorcycle maintenance, repair, decorative beauty, cleaning and the installation of spare parts industry.
    Article in which are within the city limits of motor vehicle maintenance and operation enterprises and individual industrial and commercial households (hereinafter referred to as maintenance operators) must comply with these measures.
    Otherwise provided for by laws and regulations, from its provisions.
    Fourth municipal traffic Administrative Department is the motor vehicle repair industry authority, is responsible for implementation of this approach.
    Motor vehicle repair industry specific management, perform the following duties: (a) the Jinping district, longhu, the automobile repairs and servicing industry, haojiang district management, commissioned by the municipal traffic administrative departments or their management agencies.
    (B) the chenghai, Chaoyang chaonan district, motor vehicle maintenance management by traffic administrative departments in charge of the area.
    (C) Nan ' ao County motor vehicle maintenance management by the traffic administrative departments in charge of the County.
    Labor and social security, environmental protection, public security, planning and land resources, price, urban management, urban management and administration, law enforcement, industry and commerce, taxation, quality and technology supervision departments, in accordance with their respective responsibilities, to traffic administrative departments good management of vehicle maintenance industry in this city.
    Article fifth vehicle maintenance management, should implement the "unified, open, competitive and orderly" principle, adhere to the "planning, coordination, servicing, monitoring" approach, encouraging unfair competition, protection of legitimate business.
    Units engaged in motor vehicle repair and individuals (hereinafter referred to as the operator) shall abide by professional ethics, legal operations, quality assurance, fair trade, and service users.
    Article sixth classification management maintenance: automobile maintenance industry into three categories: (a) the class of the vehicle maintenance trade: grant vehicle overhauls, Assembly repairs, run special repair of car maintenance, auto repair and car.
    (B) class II auto repair business: granting of vehicle maintenance, run auto repair, qualified, certified, run the cars overhauled. (Three) three class car maintenance industry households: granted business car special maintenance (including car body repair, coated paint, tarpaulin, and seat pad and the within decorative processing, electrical, and instrument repair, battery repair, thermal device, and tank, and gearbox repair, four round positioning, and tire patch, installation car doors and Windows glass, air conditioner, and heater machine repair, spray pump, and injector, and carburetor repair, crankshaft repair mill, cylinder boring mill, body clean maintenance, and car beauty, and wash car,); meet conditions of, by city traffic administrative competent sector approved,
    May run a number of special maintenance operations.
    Motorcycle repair business is divided into two categories: (a) a motorcycle repair business: grant management overhaul motorcycle repair, Assembly, run motorcycle maintenance, minor repairs.
    (B) class II motorcycle repair business: granting operating motorcycle maintenance and repairs.
    Article seventh Sino-foreign joint venture (cooperation) maintenance enterprises, special maintenance centers (stations), the transport of dangerous goods vehicle maintenance, accidents, motor vehicle repair and maintenance of official vehicles Sentinel of the Government enterprise, its type must be a class of car (motorcycle) maintenance the business category. Article eighth maintenance operators should have a commensurate with the type of plant, space, maintenance equipment, facilities, personnel, financial and other conditions.
    Opened the specific conditions according to national standards of the vehicle maintenance trade business conditions and the implementation of the industry of motorcycle maintenance and operation conditions.
    Nineth article motor vehicle maintenance industry households maintenance activities site of set, while must meet following requirements: (a) a, and II class car maintenance industry households and engaged in car body repair, coated paint, spray pump, and injector, and carburetor repair, crankshaft repair mill, cylinder boring mill, thermal device, and tank repair project of three class car maintenance industry households, should in industrial with to or integrated with ground opened.
    (B) in closed residential and cultural district, the scenic spots will be allowed within the motor vehicle repair industry. (C) strict control of vehicle maintenance to take place in open residential households.
    Specific control and management approach formulated by the municipal traffic Administrative Department in conjunction with the departments concerned separately. Tenth article where needed engaged in motor vehicle maintenance activities of units and personal (following said applicants) should by following program handle motor vehicle maintenance license pieces (following referred to license pieces) of application procedures: (a) applicants to location city (district, and County) traffic administrative competent sector proposed preparation project application, and provides following information: 1, and preparation project application report book; 2, and preparation project application table; 3, and application has corporate qualification of enterprise due feasibility report; 4, and legal effective of funding letter proved or funds guarantees book; 5, and
    Proof of ownership of land or property and function; 6, enterprises with foreign investments shall also submit project approvals; 7, prior approval procedures of the business sector.
    (B) the applicant in submitting project applications at the same time, should declare to the Department of environmental protection operations environmental impact assessment of the project approval documents. (C) the traffic Administrative Department in accordance with social needs and planning on preparing project applications for review, since its formal acceptance of the application, and make a written reply within 15 working days.
    Eligible, to preparing project approval document; do not meet the conditions, and shall notify the applicant in writing and state the reasons.
    (D) the applicant after receiving the construction project approval, should be completed within three months of project construction, complete open condition of equipment, personnel, organizational personnel induction training, assessment, obtained a post certificate, and various systems, archives, implementation of safety and environmental protection measures. (Five) applicants provides following information to location city (district, and County) traffic administrative competent sector proposed opened application: 1, and opened application report; 2, and opened application table; 3, and business sector issued of Enterprise name advance approved notice; 4, and job places of effective documents and factory plane Figure; 5, and practitioners of roster and career qualification certificate, and post certificate; 6, and liquidity proved; 7, and about of enterprise quality management, and safety, and environmental protection of system and take measures of file; 8, and legal, and regulations, and
    Rules and regulations of the other materials.
    11th article traffic administrative competent sector should since received application people opened application Hou 2 a days within for preliminary review, and depending on situation made following processing: (a) on application information complete of, be accepted, and by following respectively for processing: 1, and is a car maintenance industry households opened application of, by city traffic administrative competent sector review, by approved of, reported province traffic administrative competent sector record; 2, and is two class car maintenance industry households and the a motorcycle maintenance industry households opened application of, by city traffic administrative competent sector review.
    3, three types of automobile repairs and servicing industry and two types of motorcycle repair business applications for approval, an, Jinping district, longhu, haojiang district, reviewed by the municipal traffic administrative departments; genus chenghai, Chaoyang District, chaonan district, Nan ' ao county-wide, district (County) traffic administrative departments reviewed, approved the municipal traffic administrative departments.
    (B) information on the application is not complete, once listed the lack of information, notify the applicant in writing within a correction; late failed to correct, it shall be deemed not to apply.
    12th article on be accepted of motor vehicle maintenance opened application, traffic administrative competent sector should since accepted of day up 20 a days within for review, is meet this approach provides of opened conditions and the site set requirements of, should to approved, and to corresponding business category of license documents; is not meet this approach provides of opened conditions and the site set requirements of, should written notification applicants, told reason.
    13th applicants by the traffic Administrative Department of licensing documents by law to industry and commerce, taxation departments after registration, to be engaged in motor vehicle repair business.
    Article 14th repair business after the industrial and commercial registration, copy of business license should be approved by the opening to send their traffic administrative departments and obtain a sign indicating the repair, signs should be prominently hung in the premises.
    15th maintenance operators needed for merger, Division, move, rename, and change management projects, should be approved before 30th original approval of the traffic Administrative Department, change license; closed for business, shall, on the 20th to the original approval of the traffic Administrative Department of the relevant procedures.
    These matters should also be required to the original registered industrial and commercial, taxation authorities go through the relevant formalities.
    16th maintenance operators should be required to approve the annual audit of the traffic Administrative Department for the permit procedures fails to participate in the annual review, or fail to pass the annual examination, annual audit procedures of the Administration for industry and commerce shall not handle business, maintenance operators shall not continue to operate.
    17th the following personnel engaged in motor vehicle repair activities should be carried out according to relevant training, obtain vocational qualification certificate issued by the Department of labour and social security, and by the municipal traffic Administrative Department of examinations and issued job certificates, certificates: (a) the automobile, motorcycle maintenance.
    (B) quality inspector.
    (C) the settlement price.
    Charge standard according to the price of the training, examination and approval of the Department of the fees charged.
    18th maintenance operators shall not exceed business types and scope of repairing vehicles.
    Motor vehicle owner or occupier shall be based on vehicle maintenance operations, repair businesses that send the category for maintenance.
    19th prohibits the maintenance of business beyond the approved undertakings, off-road (trail, green), parked in public places or carry out maintenance operations. Ban the open residential maintenance operators every day at 12 o'clock to 14 o'clock, 23 o'clock at night until 7 o'clock the noise of operation.

    20th maintenance operators carry out the maintenance operations, shall comply with the following provisions: (a) by country, industry or local maintenance standards for maintenance.
    There is no standard, light motor vehicle maintenance manuals and associated technical details provided by the manufacturer for repair.
    (B) strict implementation of the maintenance inspection system, inspection records.
    (C) the second-level maintenance, Assembly maintenance, vehicle repair auto completion before delivery, must be capable of testing qualification in automobile integrated performance detecting station after passing the inspection, factory. (D) the exhaust pollution of motor vehicles shall be indicators in maintenance of quality content, maintenance of vehicles must comply with national emission standard.
    One or two kind of enterprises of vehicle maintenance and a motorcycle repair business, must be equipped with vehicle exhaust gas monitoring instruments, to overhaul and repair of engine Assembly car emissions must be tested before they go out, do not meet emissions standards set by the State, must be fixed to meet discharge standards before they can be manufactured.
    (E) quality test failed repair of a motor vehicle shall not be delivered.
    Article 21st implement complete quality assurance system of maintenance and repair qualified factory quality guarantee period shall not be less than the following: (a) overhaul, engine Assembly overhaul of motor vehicle warranty, from the date of completion of the maintenance of vehicles manufactured, not less than 90 days not less than 10000 km or miles.
    (B) second-level maintenance of the quality guarantee period, from the date of completion of maintenance vehicle factory, in the 15th or not less than 1500 km mileage.
    (C) the level maintained the quality guarantee period, from the date of completion of maintenance vehicle factory, no less than 3rd or not less than 300 km mileage.
    (D) repair warranty, from the date of repair vehicles completed the factory, in the 7th or not less than 700 km mileage.
    22nd article in guarantee period within motor vehicle for bearing repair project maintenance quality occurred fault of, original bearing repair of maintenance industry households should free repair, and law bear which caused of economic loss; motor vehicle maintenance Shi replaced has new Assembly, and new parts (supporting repair party since with of except), for its new Assembly, and new parts of quality problem led to vehicles occurred damaged, bearing repair of maintenance industry households should is responsible for compensation. Article 23rd motor repair factory completed the implementation of factory certification systems (motor vehicles repair and parts of special repair costs 1000 Yuan and motorcycle maintenance, minor repairs).
    Maintenance vehicle maintenance is completed and qualified the factory, should be issued to vehicles supporting people repair factory completion certificate issued by the quality inspectors.
    24th motor repair factory completion certificate by the municipal traffic administration departments unified printing and distribution.
    Any unit and individual is prohibited counterfeiting, resell, lend, repair factory completion certificate.
    25th maintenance operators engaged in second-level maintenance, Assembly maintenance, vehicle repair or maintenance work in the repair of more than 1000 projects shall be entrusted shall sign a maintenance contract.
    Article 26th maintenance operators should establish the repaired vehicle registration account, account should register the following items: (a) in accordance with the motor vehicle driving license project registration send the vehicle's number plate, model, engine number, chassis number, label type, body-color.
    (B) the owner's name or the name and the person names and driver's license number.
    (C) repair project (registration of vehicles should be detailed the accident repair parts).
    (D) the name of the repair time, shift. Overhaul of overhauls, Assembly, modification and secondary motor factory, operators should provide users with all the technical file.
    Technical file must honestly record the maintenance situation.
    27th prohibits the maintenance of businesses engaged in the following activities: (a) the contractors scrap motor vehicle and has been included in the national compulsory scrapping of motor vehicles.
    (B) the modification without proof of public security traffic Administrative Department of motor vehicles in use.
    (C) the use of accessories assembled motor vehicles.
    (D) the deliberate use of fake, shoddy repair parts motor vehicles. 28th maintenance fees should be carried out strictly in accordance with the price control regulations, subject to Government pricing, maintenance, price departments, operators should be required to price of vehicle maintenance service declaration procedures, apply for the business service charges, Guangdong Province license and license; a market-regulated prices, prices should be implemented.
    Indiscriminately is strictly prohibited, and unauthorized charges, shall not be charged any costs not marked by, no false advertisements mislead consumers, not through improper means to contract repair business. 29th maintenance operators should use the tax authorities produced special invoice or VAT invoices and provides repair work, material, statements and other related documents.
    Time and materials charges should be calculated.
    Operators did not issue invoices or vouchers, the payer has the right to refuse to pay the costs. Article 30th traffic administrative department or its delegated authorities an enforcement officer to enter the operator's Office, job site inspection according to law.
    Managers should consciously accept the inspection of law enforcement personnel to objectively reflect the situation, provide the relevant information.
    When law enforcement officers law enforcement, should wear a sign, to produce certificates issued by the provincial people's Government.
    31st maintenance operators shall, in accordance with the relevant provisions, submit timely and accurately to the traffic Administrative Department of statistics.
    Article 32nd maintenance unit of the following acts in violation of these regulations, by the traffic Administrative Department of Guangdong Province, in accordance with the article 59th of the relevant provisions of regulations on road transport shall be punished as follows: (a) breach of article tenth, unauthorized activities engaged in motor vehicle repair, ordered to stop the maintenance activities, confiscated, and a fine of 5000 Yuan fine.
    (B) contrary to article sixth, categories beyond the approved business scope or business engaged in the maintenance activity, confiscation, temporary suspension of license and fined by bpv-500 Yuan.
    (C) contrary to article 16th, maintenance operators not complying with the provisions of change, business, business procedures, to three months suspended license or revocation of licenses, and a fine of 200 Yuan.
    (D) violation of the 16th article, not complying with the provisions of audit procedures and ordered a replacement, and 500 Yuan for auto repair businesses fined 200 yuan in fines for motorcycle owners.
    To fail to pass the annual testing maintenance Enterprise ordered rectification in the 30th, the individual repairs ordered rectification in the 15th; still unqualified after rectification, closure production three months suspended license or revocation of license.
    (E) breach of article 27th, repair parts and assembling vehicles for scrapped vehicles, abandoned vehicles, order to suspend production, confiscation, and a fine of 5000 Yuan fine.
    Article 33rd maintenance business in violation of these regulations, any of the following acts, by the traffic Administrative Department under the Ministry of road transport regulations on administrative penalty 12th, 17th of the relevant penalty shall be: (a) breach of article 14th, not according to the same provisions hoisted signs, with a warning; warning is still not correct, fined 300 yuan in fines.
    (B) contrary to article 17th, arranged according to stipulations made post certificate of eligibility requirements for personnel engaged in motor vehicle repair business, impose a fine of 100 yuan per person, but the highest total fine shall not exceed 1000; motor vehicle maintenance workers with invalid post ID work, impose a fine of 200 Yuan. (C) contravenes section 20th paragraph (a) provides, not according to the technical standards for maintenance of leakage or lack of maintenance operation, ordered to catch up on maintenance projects, fined car per train 500 Yuan, but the total fine shall not exceed a maximum of 10000 Yuan.
    While quality inspectors warned or fined not more than 50 Yuan.
    (D) contravenes section 20th paragraph (b) provides, is not required to fill out maintenance inspection records, fined bpv-300, but the total fine shall not exceed a maximum of 5000 Yuan.
    (E) contravenes section 20th paragraph (c) provides, automotive maintenance repair operators not complying with the completion of the factory's technical requirements, the two-level maintenance, Assembly repair, vehicle repair vehicles manufactured before the completion of the maintenance quality of comprehensive performance test, fined 500 yuan each in fines, but the total fine shall not exceed a maximum of 10000 Yuan.
    (F) contrary to article 21st, repairing vehicles, within the warranty period for maintenance quality parking failure occurs, impose a fine of 500 Yuan; caused a major accident, and fined 5000 Yuan in fines.
    (VII) violate article 23rd, vehicle secondary repair, vehicle repair, and Assembly work, is not required to fill out, auto repair factory completion certificate was issued, fined 500 yuan each in fines, but the total fine shall not exceed a maximum of 5000 Yuan.
    (VIII) violation of the second paragraph of article 24th, all fees and no maintenance or forgery, sale or resale of vehicle maintenance completed factory certification, settlement vouchers, confiscated its illegal documents and fined 2000 Yuan fine.
    (I) violation of article 25th, automotive maintenance operators not complying with the provisions and support contract, impose a fine of 100 Yuan.
    (10) contrary to article 28th, taking kickbacks or disguised kickbacks or other improper means, deliberately misrepresented the repair project, fined 2000 Yuan in fines.
    Article 34th repair business in violation of these regulations, of damage to vehicle owners, shall bear civil liability.
    35th maintenance operators in breach of the administration of industry and commerce, taxation, price, security, quality and technical supervision, environmental protection, sports, labour and social security laws, rules and regulations, such as, respectively, the relevant administrative authorities according to law.
    Article 36th traffic Administrative Department on unauthorized activities engaged in motor vehicle repair, you can temporarily repair equipment, and make a decision within the prescribed time. 37th transportation on motor vehicle maintenance industry administrative departments should promptly accept complaints and disputes that occur in motor vehicle maintenance activities, and respond or handle in the 20th.

    38th a party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Party fails to apply for administrative reconsideration or bring an administrative suit, nor performs the decision on punishment, enforced by the institutions make the decision to request the people's Court.
    39th refuses or obstructs the enforcement of motor vehicle maintenance and management personnel in performing their duties, by the public security organs in accordance with the People's Republic of China public security administration punishment regulations of punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    40th Transportation administrative departments of management, law enforcement officials of dereliction of duty, abuse of power, favoritism, bribes, by the unit or by the competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                                                                                            41st these measures shall come into force on February 1, 2004.