Jiangsu Province Motor Vehicle Driver Training Management Approach

Original Language Title: 江苏省机动车驾驶人培训管理办法

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Jiangsu Province motor vehicle driver training management approach

    (January 4, 2012 82nd meeting of the people's Government of Jiangsu Province considered by people's Government of Jiangsu Province, on January 7, 2012 to 76th, published since March 1, 2012) Chapter I General provisions

    First standard for motor vehicle drivers training activities, improve the quality of motor vehicle driver training, safeguard the legitimate rights and interests of the parties, prevent and reduce road traffic accidents, promote the development of motor vehicle driver training industry, according to the People's Republic of China Law on road traffic safety and the People's Republic of China Road transport regulations and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article in within the administrative area of the province engaged in motor vehicle driver training operation, vehicle driving skills training and related supervisory activities shall abide by these measures.

Third local transport authorities are responsible for the people's Government at or above the county level shall organize leading motor vehicle drivers training administration within their respective administrative areas.

Road transport authorities above county level shall be responsible for the implementation of the motor vehicle driver training management.

    Planning, industry and commerce, public security, safety and price departments shall, in accordance with their statutory duties and related supervision and control of motor vehicle driver training.

Road transport management body shall, in accordance with article IV road transport development plan, market supply and demand conditions, in accordance with the principle of fair distribution and orderly development of, development of motor vehicle driver training market development plan.

    Motor vehicle driver training instructor field should serve as transport facilities into local urban and rural planning.

    Article fifth motor vehicle driver training industry associations should play a industry self-regulation, industry services, leading operators of motor vehicle driver training (hereinafter referred to as drivers ' training manager) business law, regulating services.

    Chapter II business license

The sixth section engaged in the operation of the motor vehicle driver training shall comply with the conditions stipulated by the State.

    Road transport management body shall, in accordance with the motor vehicle driver training market development plan, implementation of publicity, and motor vehicle driver training license.

The seventh section engaged in the operation of the motor vehicle driver training, shall apply to the road transport administration of the County; within the urban areas within the operation of the motor vehicle driver training should be to apply to the district, road transport management body.

Submit an application in accordance with the provisions of the preceding paragraph, shall submit the following materials:

(A) transportation application form of administrative license, (ii) identification of the applicant;

(C) right to use the premises prove;

(D) the coach site land use right certificates, or certificates of land that he rights; use of leased land as coach site, shall submit the record of the land lease contract, rental period of not less than 5 years;

(V) coaching venue technical specifications description;

(F) teaching vehicle specification description (applies to engage in the management of motor vehicle driver training instructor required);

(G) the teaching of vehicle purchase contract or vehicle registration certificate (applies to engage in the management of motor vehicle driver training instructor required);

(H) the various types of facilities, equipment lists;

(I) the engagement of motor vehicle driver training coaches (hereinafter referred to as the coach) roster of employees, such as qualifications, titles and certificates;

(J) the laws, rules and regulations required to submit other relevant material.

    Applicant commitment to matters related to the implementation of the preceding paragraph, shall submit a letter of commitment. Article road transportation management institution shall, from the date of acceptance of the application review is completed within the 15th and making a decision.

Granted license of, should to applicants issued granted license decided book, contains Ming business range (containing business project, and training capacity, and training content), and business regional, and business places, and vehicles type and number, and coaches category and number, and coach site location, license matters; not license of, should in decided book in the description reason, and told applicants law enjoys application administrative reconsideration or filed administrative litigation of right. Licensee in accordance with the requirements of the grant decision to implement licensing matters, road transport should be after the expiration of the commitment within the 10th issued by a management license for motor vehicle drivers training and operation and its allotment road transport certificates qualified teaching vehicles.

    Licensee is not justified over time implementation of licensing matters, road transport management body shall withdraw its written decision on granting licenses.

Nineth without a motor vehicle driver training permit, shall not be engaged in motor vehicle driver training operation.

    Motor vehicle driver training business license may not be transferred, leased, lent.

    Tenth drivers ' training manager has made the State a level or two-level training qualification and teaching more than 50 per cent of the total number of vehicles, for additional buses, medium buses, tractors, such cars, city buses, can configure as many vehicles as needed.

11th ride operator merger or Division engaged in motor vehicle driver training operation, or increase the operating projects, training content, training, should be in accordance with the article seventh, eighth section again for licensing procedures.

    Coach drivers ' training manager changes site licensing matters, road transport should be made to the original licensing decision management applications meet the legal conditions and standards, road transport management organ shall go through the procedures of alteration according to law.

    Chapter management

    12th drivers ' training the operator shall, in accordance with the approved business scope, management, coaching site licensing matters such as training and operational activities.

    13th ride operators should be hung in the vehicle driving training license premises prominently published its business scope, fees and charges standard vehicles and coaches, coaches, teaching sites, and so on.

14th drivers ' training the operator shall establish a sound security and emergency management systems, strengthening the safety management in the process of training, maintain facilities, equipment in good condition, ensure the safety training. Drivers ' training vehicles operators should be teaching the compulsory third party liability insurance for motor vehicles.

    Encourage drivers ' training operators for the vehicle driving skill training of personnel (hereinafter students) take out personal accident insurance.

Drivers ' training the operator shall, in accordance with provisions of article 15th syllabus, using training materials prepared by the national or provincial uniform training, enhancing the awareness of students of road traffic safety, energy-saving training, energy saving driving skills and safety training, establish a sound business management, personnel training, training time management system, constantly improve the quality of training.

    Drivers ' training the operator shall, in accordance with relevant regulations of the State, to the training of qualified candidates of the motor vehicle driver training completion certificate. 16th motor vehicle driving training in implementation of the UI system. Training costs are covered by theoretical training hours, driving hours, driving simulation operation hours of hands-on training and so on. Hours price rate of drivers ' training manager develop standards, and training should be in accordance with the relevant provisions of the State fees and charges after a report the price administrative departments for the record public.

Motor vehicle driving training charges should be calculated.

    Drivers ' training shall be not more than filing fees and charges fees shall not be less than the cost price competition, or otherwise disrupting motor vehicle driver training market order prices.

17th drivers ' training the operator shall, in accordance with national and provincial regulations completed by the provincial administration of road transportation agency uniform producer of the People's Republic of China motor vehicle driver training record (hereinafter referred to as the training records of) regularly to the local road transport authorities submit the training records and admissions information. Road transport management body shall, in accordance with national and provincial audit the training records of the relevant provisions.

    No unit and individual shall forge, alter or use counterfeit or altered the training records.

18th business coach training scale, service capabilities, shall not exceed the approved operating capacity.

    Business coaching field must not be non-teaching vehicle provided business training services.

19th drive operator's permit in their own name in motor vehicle drivers training, business activities, do not use non-teaching vehicles in motor vehicle driver training.

    Teaching vehicle drivers ' training an operator shall not be leased, lent to others engaged in training and operations.

    20th drivers ' training operators to use driver training should be in accordance with the provisions of an intelligent information system, use of multimedia teaching software and driving simulators, training hours recorder advanced scientific and technological means, improve management and teaching methods. 21st drivers ' training business operators shall establish archives of trainees, trainers and teaching vehicles.

    Student archive shelf life of not less than 4 years, teaching files shall be kept until 1 year after the scrappage of vehicles, coaches file should be saved for a long time, and shift with the unit change of coach services.

    The fourth chapter teaching students, coaches and vehicles

22nd student should attend training of drivers ' training operators. Drivers ' training operator training contract with students, clear types of business training, methods and contents, fees and other fees and charges; participants authorize drivers ' training operators for its deal with motor vehicle driver's license examination, exam adaptation and other procedures, related costs, should be submitted to the materials specified in the contract. Students can follow the training period paid in stages.

    Can refer to the text of the contract demonstration text recommended by the provincial administration of road transportation agencies.

23rd right of students to choose trainers and drivers ' training operators agreed to are entitled to refuse to pay the training fee is not agreed in the contract.

    Trainees shall be completed in accordance with the curricula of training school, signed the training records of regulating the use of training hours recorder, and participate in the exam.

24th coach shall comply with the prescribed conditions of the transportation departments of the State Council, examination by the provincial administration of road transportation agencies, obtain the People's Republic of China motor vehicle driving certificate of training coaches (hereinafter referred to as the trainer certificate), before engaging in a driving coach.

    Concealing relevant information or provides false information to apply for the trainer certificate and qualification of cheating in the exam, 1 year may not apply again.

25th ride operators should be made the coaches ' certificate of personnel employed in driving training coach, and enter into a labor contract according to law; to be employed without the certificate of staff of coaches, drivers ' training teaching skills training of operators should be driving, and in accordance with State regulations, road transport management, to local districts sign up, participate in the coaches certificate exam.

    Drivers ' training an operator shall not rent, loan coach certificate or documents that are not actually engaged in teaching coaches to the road transport authority and the public security organs traffic management applications for the training and examination procedures.

26th coach shall comply with the following specification for training:

(A) in accordance with the syllabus and standardized training, regulating the use of training facilities and equipment, completed in accordance with regulations of teaching and training records;

(B) shall not be employed as not belonging to the institution to recruit staff to provide motor vehicle driver training instructor management services;

(C) training activities, coaches should carry the certificate;

(D) may not be transferred, leased, lent or altered or forged certificate of the coaches;

(V) drivers training, coaches should coach models obey traffic safety laws and regulations;

(Vi) shall not, without the administration of road transportation agency approved coach road and designated by the public security training instructor; (VII) civilizations teach respect students, without insult, abuse students;

(H) the property shall not ask for or accept students or to students seeking other benefits;

(IX) not drunk coach; (j) found major accident hazards, training activities should cease immediately, and take the appropriate eradication measures;

    (11) other matters stipulated by laws, rules and regulations. 27th drivers ' training managers should regularly coaches teaching standards and professional ethics, assessment, released coaches teaching quality ranking, urging coaches to improve the quality of teaching.

    Coaches should take part in the continuing education of professional ethics and business coaching, attend at least 1 week per year leave training.

    28th driving instruction vehicles shall conform to the national requirements of the operators ' use of technical standards for vehicles, equipped with a pair of rear-view mirror, auxiliary brake, the Deputy Speaker, training, timing devices, fire extinguishers and other safety equipment and uniform identification sign driving training, onboard road transport certificates.

29th drivers ' training the operator shall, in accordance with national and provincial regulations on vehicles to carry out regular inspection, maintenance and testing of teaching year 1 technical grading, keep teaching in good performance, meet the requirements of education and safe driving, and in accordance with the provisions of up-to-date teaching vehicles.

    Prohibition of the use of scrap, not qualified or other vehicles do not comply with state motor vehicle driver training and operational activities.

30th drivers ' training the operators increase vehicle should be commensurate with the market requirements, qualifications, and road transport authority audit.

    Drivers ' training the operators are encouraged to use energy saving teaching vehicle for teaching.

    31st increased drivers ' training manager, update, change, transfer, transfer nationality teaching vehicle, shall apply to the licensing authority for, replacement or cancellation of road transport certificates.

    The fifth chapter, supervision and inspection

32nd road transportation management of drivers ' training institution shall supervise and inspect the operation, promptly correct violations during drivers ' training business. Provincial road transport authorities should establish a drivers ' training manager quality appraisal system and points system coaches teaching behavior, regularly publish the drivers ' training operators the quality score evaluation of credit scores and coaches.

The cumulative score achieved the required score of coaches and serious misconduct of drivers ' training operators by the road transport authorities order the rectification.

    Road transportation management institution teaching vehicle drivers ' training operator added, coaches test business, should refer to its credibility assessment; public security organs traffic management Department for drivers ' training operators reserve the examination, evaluation should refer to its credibility. 33rd road transport authority found a licensed drivers ' training operators opening does not meet the conditions of or beyond the approved business scope, operating area, the coach site licensing matters, such as training of operational activities, shall order the rectification.

Approval of the rectification does not meet the statutory requirements and in accordance with the People's Republic of China administrative license law revoked business license.

    Road transport authority found that drivers ' training managers and coaches completed the training records of deception, shall order the rectification.

34th road transportation management agencies, public security organs traffic management departments should establish and improve motor vehicle driver training and examination of convergence, exchange of information and supervision mechanism, strengthen coordination, complementarity, a driver training school, exams and quality tracking of information management.

The administration of road transportation agencies, police departments should use of modern technical means of traffic management, realize the vehicle driving training and driving test system connection of intelligent information systems, protection of motor vehicle driver training, examination and information flow.

Road transport drivers ' training operators and management should be the coach qualifications, credit check, illegal regularly informed the public security organs traffic management departments. Public security traffic administrative departments shall regularly communicate to the road transport authority driving operator trainee exam pass rate, teaching vehicle involved in a traffic accident, the coaches involved in the motor vehicle driver's license exam cheating and driving motor vehicle drivers in less than 3 years of age violations and accidents.

    To shorten training periods, reduced training, low exam pass rate of drivers ' training operators shall notify the road transport authority supervising. 35th public security organs traffic management departments in receiving drivers ' training operators to submit student motor vehicle driver's license exam application, shall examine the training records of and acceptance of road tests, receipt of the training record.

Public security organs traffic management Department finds that the training records of suspected fraud, queries should be verified verified, shall cancel the applicant eligible for the examination and notify the road transport authority.

    Public security organs traffic management departments should apply for a motor vehicle driving training qualification examination officer proof of safe driving experience.

    36th police traffic management departments of rectification, ordered the drivers ' training operators, suspended his application for examination.

    37th road transportation management agencies, industrial and commercial administrative departments shall establish information-exchange mechanisms, implementation of motor vehicle driver training business licensing, registration and other information sharing.

    The sixth chapter legal liability

Article 38th disobey the 12th article, drivers ' training operators in accordance with the approved business area, coaching site licensing matters, such as training activities, by the road transport authorities above the county level shall be ordered to rectify disciplinary warning; fails and fined 5000 Yuan and 20,000 yuan fine.

    Violation of these measures article 19th, drivers ' training operators allow others in the name of their motor vehicle driver training, management activities or teaching vehicle leasing, lending to third parties engaged in training and operations, the road transport authorities above the county level shall order to stop the illegal practice, collection of relevant documents and fined 2000 Yuan and 10,000 yuan fine.

39th drivers ' training for breaching these rules, any of the following acts, the road transport authorities above the county level shall order rectification, 1000 more than 5000 Yuan for a motor vehicle the following fines:

(A) the use of non-teaching vehicle engaged in the operation of the motor vehicle driver training;

(B) the lack of road transport certificates, valid road transport certificates teaching vehicle engaged in the operation of the motor vehicle driver training;

    (C) use of scrap, not qualified or do not meet the state-mandated vehicle engaged in the operation of the motor vehicle driver training.

40th driver breach these rules, any of the following acts, by the road transport authorities above the county level shall be ordered to correct within, fined 500 Yuan and 3000 Yuan the following fines:

(A) in accordance with article 13th flying training permits, publicity scope, coaches, teaching and coaching site of vehicles;

(B) in accordance with article 17th to fill out and submit the training records of;

(C) not use driver training under the 20th article of intelligent information systems;

(D) was not established in accordance with article 21st, save, trainees, trainers and teaching vehicle files;

    (E) in accordance with article 27th to examination and continuing education of coaches.

41st drivers ' training for breaching these rules, any of the following acts, by the road transport authorities above the county level shall be ordered to correct within a, if the circumstances are serious, fined 5000 Yuan and 10,000 yuan fine; it fails, the original licensing authority shall revoke business licenses:

(A) is not in accordance with State regulations training syllabus;

(B) falsifying training hours;

    (C) forging, altering and using forged or altered the training records of.

42nd management coaches, drivers ' training for breaching these rules, any of the following acts, by the road transport authorities above the county level shall be ordered to correct within, and fined 1000 Yuan more than 5000 Yuan the following fines:

(A) violation of article 18th, scale, service training capacity beyond the carrying capacity of approved, or for non-teaching vehicle to provide business training services;

(B) contrary to article 25th rent, loan coach certificate or documents that are not actually engaged in teaching coaches to apply for training and examination procedures, or employing coaches without the certificate of staff directly involved in driving a coach and (iii) use not in conformity with article 28th of the teaching of vehicle;

    (D) in accordance with article 29th of teaching vehicle for regular inspection, maintenance and testing.

Article 43rd coaches violated article 26th of this approach (a) to (h) the provision, by the road transport authorities above the county level shall be ordered to correct within, warn or impose a fine of 500 Yuan; to continue teaching activity during the rectification, above the county level by the road transport authority fined 1000 Yuan fine.

Coaches by fraud, bribery or other improper means to obtain the certificate of coaches, by the provincial administration of road transportation agencies to revoke its certificate of the coaches, 3 years from the date of revocation does not accept an application for examination of their coaches.

    Coach drunk coach, forged student instruction or teaching more than occur during major traffic accidents and bear the main responsibility, by the provincial administration of road transportation agencies to withdraw its certificate of the coaches.

The 44th article violates these rules, road transport authority, the public security organs traffic management staff in departments of any of the following circumstances shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) an administrative license;

(B) participation or participation in a disguised form of motor vehicle driver training operation;

(C) to ask for or accept other people's property, or seeking other interests;

(D) accepting does not submit a valid training records of examination of the application;

    (E) other acts of abuse of power, favoritism.

    The seventh chapter by-laws

    Article 45th motor vehicle driver license related documents, such as the cost of training fees by the provincial people's Government finances, competent authorities and the Transportation Department approved.

    46th special tractor driving training schools or driving training courses qualifications imposed by the Department of agricultural machinery management. 47th these measures shall come into force on March 1, 2012.

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