Chongqing Taxi Interim Measures For The Management Of

Original Language Title: 重庆市出租汽车客运管理暂行办法

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(December 10, 2007, Chongqing Municipal People's Government at the 113th Executive meeting on December 27, 2007, Chongqing Municipal People's Government announced order No. 210, come into force on the date of promulgation) Chapter I General provisions article to regulate taxi order, improving the quality of taxi services, passengers, operators and pilots the legitimate rights and interests, according to the Chongqing Road transport regulation, these measures are formulated.
    Second, taxi operators, drivers, passengers and the taxi business-relevant units and individuals shall comply with these measures.
    Third taxi franchise.
    Taxi operations should be guided by honesty and trustworthiness, safe operation, standardize services, facilitate the principles of passengers.
    Encourage taxi to implement large-scale, intensive management.
    Fourth municipal traffic administrative departments of the city taxi job, city of its road transport management body responsible for implementation.
    District (County) of traffic Administration Department for taxi work within their respective administrative areas, road transport authority is responsible for its implementation.
    Public security, industry and commerce, quality supervision, planning, construction, finance, prices, services, labour and other relevant administrative departments according to their respective responsibilities, coordinate the implementation of these measures.
    Fifth of municipal traffic administrative departments shall, in accordance with the overall urban planning, the national economic and social development, in conjunction with the planning and construction of public security, Department city and a taxi in the downtown development plan submitted to the municipal people's Government for approval.
    Outside of the main city district (County) of traffic Administrative Department shall, together with the Planning Department to prepare the administration of taxi transport development plan, reported to people's Governments at the same level for approval to implement, and report to the municipal traffic Administration Department for record.
    Outside the main city and the main city of district (County) of taxi transport development plan shall be consistent with the city's taxi transport development planning. Chapter Sixth franchise taxi franchise shall meet the following conditions: (a) operate in the main city, legally obtained the main city taxi franchise index above 100.
    In main city yiwai business of, law made where operating regional taxi passenger franchise right index 10 a above; (ii) has meet provides of taxi passenger driver; (three) has and business scale phase adapted of Office site and facilities, rental others site of, should signed has a years above rental contract; (four) has business, and technology, and security, and service quality, and financial statistics, and labor personnel, and labor insurance, management system, and management institutions and management personnel.
    Approved by the municipal people's Government, can improve the preceding paragraph (a) the conditions laid down. Article seventh put taxi franchise indicators should conform to the taxi passenger transportation planning, keep taxi supply and demand basically balanced.
    Taxi in operating in this region average annual mileage utilization is higher than 60% or based on market needs, should be put in taxi franchise targets.
    Taxi the average mileage utilization by the road transport authorities above the county level and statistics, and in conjunction with the Administrative Department for statistics published regularly.
    Eighth taxi franchise index should be in the bidding, auctions and other public ways paid delivery.
    Does not have legal tender, auction or other special circumstances, business watchdog agreed and submitted to the municipal people's Government at the same level in order to take agreements put taxi franchise index.
    Bidder, bidder, protocols, the assignee shall comply with article sixth of this approach, such as (a) the conditions laid down.
    Nineth city taxi franchise index put on the programme formulated by the municipal traffic administrative departments, in conjunction with the relevant departments, submitted to the municipal people's Government for approval after hearing; outside the main city district (County) taxi franchise index put on from the district (County) traffic administrative departments in conjunction with relevant departments, hold a hearing after the approval of the people's Governments at the same level.
    Put on programme content should include the delivery quantity, delivery, accessibility, delivery price, duration, time, etc.
    Tenth article through tender, and auction, and agreement, way made taxi passenger franchise right index of operators, in main city business of, should since made index of day up 20th within and city road transport management institutions signed franchise agreement, and received taxi right card; in main city yiwai business of, should since made index of day up 20th within and where area County (autonomous) road transport management institutions signed franchise agreement, and received taxi right card.
    Franchise agreement should including following content: (a) operating regional, and term, and vehicles number, and type grade, and technology grade,; (ii) business programme, and service quality, and security management standard; (three) both right obligations; (four) workers lawful rights and interests of protection related content; (five) default responsibility; (six) dispute solution way; (seven) both think should agreed of other matters.
    Made taxi franchise operator of indicator fails to sign the franchise agreement, road transport management body should recover their taxi franchise index.
    Article 11th taxi operation rights of the taxi license certificate has been made make people, in accordance with the regulations after the purchase of vehicles, vehicles from the road transport authority to taxi operator. Right to operate without business licenses of taxi taxi permits access to people, with the conditions specified in article sixth of this approach, to area County (County) road transport authority shall operate to apply for taxi licenses.
    Made in taxi operating licenses, and in accordance with the regulations after the purchase of vehicles, vehicles from the road transport authority to taxi operator.
    12th taxi franchise index is valid for eight years. 13th taxi franchise index can be transferred.
    Transfer shall enter into a written agreement of the parties, and in accordance with the regulations to the road transport authorities go through the relevant formalities.
    Taxi franchise achieved through the transfer of indexes, their term for the operating period after subtracting the operating period of the term.
    Term of operation for less than three years, and shall not be transferable taxi franchise targets.
    14th taxi franchises change names, domicile, legal representative and so on, should be to the original examination and approval organ for registration formalities.
    Taxi franchise in the term of operation, suspension, termination of taxi operation, should advance to the original examination and approval organ for 30th, approval may be suspended, terminated operations.
    15th taxi franchise index of paid transfer income Government non-tax revenue, government non-tax revenue management system, carry out two lines of income and expenditure management. 16th article taxi passenger vehicles should meet following conditions: (a) meet this city provides of models, and technology grade, and exhaust volume, and environmental requirements, vehicles technology performance intact; (ii) meet this city taxi chroma and identifies management provides, body obviously parts by provides set operators name, and complaints phone; (three) according to provides installation, and equipped with, and using taxi Dome light, and pricing device and the empty stay rent logo, and dedicated seat sets, and electronic authenticity recognition device, and
    Information collection and transmission system and the GPS terminal operating services data, and maintain sound and effective; (d) the vehicle appearance neat, trading symbol intact, complete card card; (v) new or updated by taxi should be factory new car; (vi) other conditions stipulated by laws, rules and regulations. In the main urban area of taxi operating period shall not exceed four years. More than four years, by the public security organs in accordance with legal authority and procedure be mandatory scrap, but there is sufficient evidence that has failed to meet the mandatory scrapping of standard vehicles.
    Taxi retirement life operating outside the main urban areas may be appropriately extended, specific period by the district (County) public security organs in accordance with national criteria on compulsory scrapping and the taxi to the actual situation in the region, a proposal district (County) Government announced later.
    17th article taxi passenger driver should has following conditions: (a) male age not over 60 age, women age not over 55 age; (ii) junior high school graduated above education; (three) made corresponding motor vehicle license 3 years above, and near 3 years to no major above traffic accident; (four) by operating regional location County above road transport management institutions exam qualified, and made taxi practitioners qualification card.
    Suspension of taxi the driver qualification, within five years from the date of revocation shall not be engaged in taxi service.
    18th Chapter operating service taxi regional operations, may not open empty car lights into other operating areas, shall not act as start and finish at the other operating passenger services in the region.
    Passenger services raised her car, phone book, and the site take, and so on.
    19th article taxi passenger chartered operators should comply with following provides: (a) implementation price administrative competent sector approved of taxi passenger price, using tax organ producer of this car passenger notes; (ii) according to provides term and requirements to road transport management institutions truthfully submitted about taxi passenger industry of statistics report, accept road transport management institutions on operating information and ticket of check; (three) shall not hired no taxi practitioners qualification of driver engaged in operating; (four) shall not unauthorized stopped shipped;
    (E) shall not violate the requirements of the road transport administration bodies in and outside the body setting, advertisements and promotional materials (vi) installing cameras in the cars may not violate passenger privacy; (VII) shall not taxi drivers during peak commuter travel arrangements shift; (VIII) labor contract with the recruits persons in accordance with law, and by law, recruits persons pay social insurance fees.
    20th article taxi passenger driver in engaged in passenger service Shi should comply with following provides: (a) clothing clean, and language civilization, and courtesy hospitality; (ii) shall not in car within smoking; (three) with car carry taxi vehicles operating card, and taxi practitioners qualification card, in car within oriented passengers of significantly location placed service supervision card; (four) by passengers requirements using or not using air conditioning, and audio, vehicles equipment facilities; (five) in taxi business site order passenger; (Six) according to reasonable route or passengers requirements of route driving; (seven) passengers rental taxi Hou, non-by passengers agreed, shall not another contains others; (eight) shall not refusing, and Midway dumped guest and pour guest; (nine) using by statutory measurement verification institutions regularly test qualified of pricing device; (ten) shall not will vehicles handed no taxi practitioners qualification of driver operating; (11) according to price administrative competent sector approved of price charges, and issued this car passenger notes; (12) for passengers provides convenient, and timely, and security, and Comfort services (13) for the old, weak, sick, disabled, pregnant, young passengers, should be given priority for cart (14) night driving should open a taxi light (15) passengers were found in the car of lost property, should be returned promptly.
    Restitution shall be promptly sent to the relevant Department.
    21st article passengers rent took taxi should comply with following provides: (a) shall not damaged vehicles facilities, and equipment and operating logo; (ii) shall not carry contraband and flammable, and easy burst, dangerous goods and defaced vehicles of items; (three) night to remote area, should driver requirements to near police station for identity confirmed; (four) drunk who and psychiatric patients ride should was guardianship; (five) shall not requirements in ban parking of locations upper and lower guest; (six) shall not has effect driver security lane of behavior. For passengers who do not comply with the provisions of the preceding paragraph, taxi drivers can refuse to provide services.
    Passenger fee, passengers should be required to pay.
    22nd article passengers met following case one of, can refused to paid fare: (a) rent took of taxi not using pricing device or using not qualified pricing device of; (ii) driver refused to issued this car passenger notes of; (three) without passengers agreed carrying others of; (four) rent took of taxi in minimum mileage within occurred fault, passengers no longer rent took of; (five) due to taxi passenger driver reasons interrupted service of.
    23rd airports, railway stations, ferry terminals, bus stations and other large public places should set up the taxi business site.
    Road transport authority shall, in conjunction with police, municipal departments, such as the site plan and implement.
    24th special tasks such as for rescue and relief work, the people's Governments above the county level may decide to call a taxi passenger vehicles, operators, pilots should be subject to.
    Calls for operators, drivers of vehicles resulted in direct economic losses, decided to call the people's Government of compensation shall be made. The fourth chapter 25th of municipal traffic administrative departments of supervision and inspection taxi service quality assessment methods should be developed. Road transport authorities above the county level shall strengthen the supervision and inspection, and regular taxi service quality assessment and evaluation results known to the public. Not qualified operators for evaluation, shall order the rectification.
    Corrective action failed, road transport management body shall cancel franchise agreements with them, cancel its franchise qualification.
    26th road transport authority, taxi operators taxi complaint management system should be established. Road transportation management agencies to accept the complaint, shall be processed within 15 working days from the date of acceptance, and to reply to the complainant.
    Complex should be processed within 30 working days from the date of acceptance, and to reply to the complainant.
    Taxi cab operators shall from the date of complaint within the 7th replies to the complainants. 27th the complainant should provide relevant evidence to assist road transport authority, taxi operators to ascertain the facts.
    The complainant shall not be false.
    A complaint after receiving notice from the road transport authorities in the handling of complaints, shall be specified in the 3rd agency under investigation.
    28th taxi operators and their employees should be under the supervision and inspection of the road transport administration, provide truthful information, and may not refuse supervision and inspection.
    29th transport administrative law enforcement personnel to conduct law enforcement activities, should be required to wear, wear marks, and administrative law enforcement documents show.
    Fifth chapter legal responsibility 30th article traffic administrative competent sector, and road transport management institutions and the other related management sector staff in implementation positions Shi has following behavior one of of, by its where units or superior about sector give administrative sanctions; to others caused economic loss of, law compensation; constitute crime of, law held criminal: (a) illegal violations taxi passenger operators and practitioners personal, and property right of; (ii) illegal implementation administrative license of; (three) illegal implementation administrative punishment of;
    (D) cannot be based on charges, fines, not complying with the requirement to use confiscation receipt, to a fine not paid, privately divide or disguised dividing up confiscations; (e) the use or destruction of seized property; (f) neglect their duties, dereliction and (VII) soliciting or accepting of other people's property, or for other illegal gain.
    31st article violation this approach provides of following behavior, by County above road transport management institutions be punishment: (a) violation this approach 16th article subsection (ii), and (three), and (four) items provides of, ordered corrected, at 50 Yuan above 200 Yuan following fine; (ii) violation this approach 19th article subsection (three), and (five) items provides of, ordered corrected, at 5000 Yuan above 10000 Yuan following fine; plot serious of, revoked taxi vehicles operating card, and taxi business license; (Three) violation this approach 19th article subsection (four), and (six) items provides of, ordered corrected, at 1000 Yuan above 3000 Yuan following fine; plot serious of, revoked taxi vehicles operating card, and taxi business license; (four) violation this approach 20th article subsection (ii), and (three), and (14) items provides of, at 20 Yuan above 100 Yuan following fine; (five) violation this approach 20th article subsection (four), and (five), and (six), and (seven), and (eight) items provides of, ordered corrected, At 200 Yuan above 1000 Yuan following fine; plot serious of, revoked taxi practitioners qualification card; (six) violation this approach 27th article second paragraph provides of, at 50 Yuan above 200 Yuan following fine; (seven) No taxi business license engaged in taxi passenger business of, ordered stop business, has illegal proceeds of, confiscated illegal proceeds, at illegal proceeds twice times above 10 times times following fine; no illegal proceeds or illegal proceeds insufficient 20000 Yuan of,
    Penalty of between 100000 and 30000 Yuan Yuan, (VIII) taxi franchisee the use of taxi vehicle operator's vehicle engaged in the taxi business, correction, penalty of between 10000 and 3000 Yuan; it refuses, suspension of taxi operating license; (IX) No taxi taxi driver qualification certificate to engage in trading, between less than 2000 Yuan and 200 Yuan fines;
    (Ten) taxi passenger driver occurred once death a people above traffic accident of, revoked taxi practitioners qualification card; (11) taxi passenger franchise who occurred once death three people above heavy King traffic accident of, revoked its accident vehicles of taxi vehicles operating card; (12) taxi passenger franchise who a years within occurred two times death three people above heavy King traffic accident of, ordered deadline rectification; rectification not qualified of, revoked its taxi business license;
    Cancellation of the taxi license, taxi cab vehicles operating certificate, by original examination and approval organ voluntary repossession of leased passenger franchise targets.
    32nd breach of article 19th of this approach (a), 20th (11) the provision, by the price administrative departments according to law.
    33rd article violates this article 20th (I) the provision, by the quality and technology supervision departments dealt with according to law.
    Article 34th for violations of these rules cannot be processed, road transport authorities above the county level can temporarily taxi vehicle operator, taxi, taxi driver service supervision card qualification documents, ordering of withholding documents, and ordered its deadline to specified agencies to accept treatment.
    Refusing to accept on-site inspections, operating without a licence and refused to specify the Agency for investigation and settlement within the time limit, may suspend a vehicle or equipment issued by withholding documents, and ordered its deadline to designated agencies for investigation and settlement. Fails to specify the Agency for investigation and settlement, road transport authorities above the county level can make a decision according to law.
    Individuals do not apply for reconsideration or bring an action nor its decision, has not fulfilled within three months of notification law may suspend auctions of vehicles or equipment, relevant departments of the surrender, auction proceeds deducted fee, payable fees, late fees and penalty, refund the parties, the shortfall shall be recovered.
    The sixth chapter supplementary articles article 35th taxi in these measures refers to passenger preference, with five (with five) cars provided passenger service and trip mileage, time, billing and business activities.
    Main city mentioned in these measures refers to the yuzhong district, Dadukou district, Jiangbei district, shapingba district, jiulongpo district, district, banan district, Yubei District, beipei district, and, and, and.
    Operating area is mentioned in these measures refers to the operation in the downtown area and outside the main city district (County) in the trading area.
    Taxi franchise owners in these measures refers to obtain taxi franchise licenses businesses and self-employed households.
    More than traffic accidents due to the same accident in these measures.
    36th before the implementation of these measures has been made taxi franchise index, validity of the original unchanged.
    Reform of transportation administrative enforcement in 37th district (County), by traffic administrative law enforcement agency to exercise the power of administrative penalty as provided herein.
    Stipulated by the municipal traffic administrative law enforcement agencies to exercise the way taxi administrative punishment right in the downtown.
                                                                                                        38th these measures come into force on the date of promulgation.