Reasons for repeal
Wang Hao, deputy director of the Highway Traffic Development Research Center of the Institute of Highway Science of the Ministry of Transportation, said: With the Ministry of Transportation officially listed on March 23, 2008, the management of the rental car industry, "the government out of multiple doors" situation should be ended. September 26, 2014, the Ministry of Transportation adopted the "Urban Rental Car Management Measures" at a meeting of the Ministry of Transportation. The Ministry of Transportation Affairs meeting through the "rental car business service management regulations" (the industry said the 16th order), September 30th to the Ministry of Transportation Order published, 2015 New Year's Day.
The regulations regulate the management of the right to operate rental car services, add a new reservation for rental cars, and strengthen the rental car service. This "housing construction" version of the "urban rental car management measures" has become the industry's "zombie approach". However, the controversy over the "share of money" shows that despite the implementation of the Ministry of Transportation's "Regulations on the Administration of Taxi Operation and Service", regulations similar to the "98th edition of the Urban Taxi Administrative Measures" have not been completely "frozen". ". In reality, how to make the "repealed" document completely scrapped, the test of urban management.
Article I In order to strengthen the management of urban taxi, improve the quality of taxi service, to protect the passengers, users and taxi business enterprises, individual entrepreneurs and their legitimate rights and interests, and to promote the development of urban passenger transportation, according to the relevant state laws and regulations, the formulation of these measures.
Article 2 These Measures shall apply to the planning, operation, management and service of urban rental cars.
Article 3 The rental cars referred to in these Measures refer to the buses approved by the competent authorities to provide passenger transportation services according to the wishes of passengers and users, and to charge according to the mileage and time of travel.
Article 4 Taxi is an important part of urban public **** transportation. Taxi development, should be compatible with urban construction and urban economic and social development level, and with other public **** transportation passenger mode of coordination.
Development plans and programs for rental cars shall be prepared by the administrative department of urban construction in conjunction with the relevant departments, incorporated into the city's overall plan, and reported to the local people's government for approval before implementation.
Article 5 The taxi industry implements the principles of unified management, legal operation and fair competition.
The right to operate rental cars in the city can be paid for and transferred.
Article 6 The state encourages and supports scientific and technological research, promotion and planned introduction of advanced technology and equipment in the taxi industry, and improves the scientific and technological level of taxi management.
Article 7 The department in charge of construction administration under the State Council shall be responsible for the management of urban rental cars throughout the country.
The administrative departments of urban construction of local people's governments at or above the county level are responsible for the management of rental cars in their administrative areas. The specific management of rental cars may be entrusted to passenger transportation management organizations.
Folding the second chapter of the management of business qualifications
Article 8 of the taxi business enterprises shall have the following conditions:
(a) have to meet the prescribed requirements of passenger vehicles and the corresponding funds;
(b) have to meet the prescribed requirements of the premises;
(c) have to meet the prescribed requirements of the management personnel and drivers;
(d) have a business management system that is compatible with the mode of operation;
(e) have the ability to independently assume civil liability;
(f) meet the conditions of other relevant regulations.
Article IX Taxi individual business shall meet the following conditions:
(1) there are passenger vehicles that meet the prescribed requirements and the corresponding capital;
(2) there is a parking lot that meets the prescribed requirements;
(3) meet the conditions of other relevant regulations.
Article 10 Taxi drivers shall meet the following conditions:
(a) have a permanent residence or temporary residence permit;
(b) have a local public security department issued motor vehicle driver's license and more than two years of driving experience;
(c) by the passenger service vocational training, and pass the examination;
(d) abide by the law. Drivers who have been disqualified from operation shall not be allowed to engage in passenger transportation service for a certain number of years from the date of disqualification. The specific period of time within which a driver may not engage in passenger transportation services shall be prescribed by the municipal people's government.
Article XI of the application to engage in the taxi business enterprises and individual business households (hereinafter referred to as operators), shall submit the following documents to the passenger transport management agency:
(a) written application;
(b) business plan and feasibility report;
(c) proof of credibility;
(d) operation and management systems;
(v) Documents and information about the business site and premises;
(vi) Documents complying with other relevant regulations.
The passenger transportation management agency shall, within thirty days from the date of receipt of the above application documents, make an examination and decision based on the development plan of the rental car and the conditions of the applicant. If approved, the license voucher shall be issued; if not approved, the applicant shall be notified in writing.
Article XII approved by the operator allowed, shall hold the permit voucher issued by the passenger transport management agency, to the relevant departments for business license, tax registration, vehicle license plate and other formalities.
Has been completed in accordance with the provisions of the preceding paragraph of the formalities, by the passenger transport management agency issued by the business qualification certificate, and issued the vehicle license and driver passenger qualification documents before business.
Article 13 The passenger transportation management agency shall periodically review the qualifications of the operator. Those who have passed the review may continue to operate.
Qualification review failed, ordered to rectify. Failure to pass the deadline, the cancellation of its business qualification certificate, and submit to the industry and commerce department to revoke its business license.
Article XIV of the passenger management agency shall regularly on the rental car and driver passenger qualifications for validation. After the validation of qualified, allowed to continue to engage in operation; validation failed or overdue for more than six months do not participate in the validation, the cancellation of its vehicle license and passenger qualification documents.
Taxi operators, drivers and vehicles qualification verification cycle, by the prefecture level or above (including prefecture level) city construction administrative department.
Article 15 If the operator changes the items of business registration or ceases or discontinues business, he shall, with the proof of the relevant departments, apply for the relevant formalities to the passenger transportation management organization within ten days from the date of change or cessation or discontinuance of business. Suspension, closure, shall be surrendered to the relevant license.
Article 16 In cities where the right to operate taxicabs is subject to paid assignment and transfer, the municipal people's government shall, in accordance with the relevant provisions of the State, formulate the methods of paid assignment and transfer.
Folding Chapter III Management of Passenger Transportation Services
Article 17 Operators shall comply with the following provisions.
(1) to implement the charges set by the city's price department in conjunction with the competent department of construction administration at the same level, and to use the fare invoices printed by the city's passenger transportation management agency in conjunction with the tax department;
(2) to fill in the statistical reports on taxis to the city's passenger transportation management agency in a timely and truthful manner;
(3) to pay the taxes, fees and passenger management fees in accordance with the provisions of the regulations;
(4) not to be given to a person who does not have the passenger transportation qualification documents to drive the rental car;
(5) without the approval of the passenger transportation management organization, shall not be transferred or transferred to other uses;
(6) to comply with other relevant provisions.
Article 18 Taxi shall meet the following requirements:
(1) the technical performance of the vehicle, the facilities are intact, the car neat and tidy;
(2) Taxi should be installed by the passenger transport management agency approved by the technical supervision department to identify qualified meter;
(3) minibuses should be installed by the public security organs to identify qualified anti-jacking security facilities
(d) rental cars should be fixed devices unified roof lights and show the obvious signs of empty cars for rent;
(e) in the body of the obvious parts of the full name of the operator and the telephone number of the complaint, and posted price tags;
(f) carry the Ministry of Construction unified style of the original operating license. In the front windshield of the car to post a copy of the Ministry of Construction unified style of the operating license;
(vii) in line with other requirements of the passenger service norms.
Article 19 of the taxi to carry out the hand raised taxi, booking and site rental and other passenger service mode.
The operator and its employees shall provide passengers with convenient, timely, safe, civilized standardized service, the patient, maternity, disabled persons and people in urgent need of rescue priority for the car.
In case of disaster relief, the main passenger distribution points for serious shortage of vehicles, major events and other special circumstances, the operator shall obey the unified command of the passenger transport management agencies to mobilize vehicles.
Article 20 airports, railway stations, passenger terminals, long-distance bus stations and other passenger distribution centers and other large public **** place can be set up business station and the corresponding parking lot.
The taxi business station can be designated by the passenger transportation management organization or entrusted to the relevant units for daily management, and open to the whole industry. Any unit or individual shall not monopolize the passenger transport business. Vehicles entering the station business, must obey the unified scheduling and management.
The taxi business station and the corresponding parking lot, without the approval of the competent administrative department of urban construction, urban planning and public security departments, shall not be closed or change the use.
Article 21 of the taxi business station dispatcher shall comply with the following provisions:
(a) wearing service mark, the implementation of service standards;
(b) active scheduling, the car must be supplied, the timely evacuation of passengers;
(c) to stop drivers refusing to transport passengers and disobedience to the scheduling of the behavior.
Article 22 Taxi drivers shall comply with the following provisions:
(a) carry passenger qualification documents;
(b) in accordance with reasonable routes or passenger request route, no detour and refusal to take; no valid reason for interruption of service on the way to operation. Passengers who do not comply with the provisions of Articles 23 and 24 of these Measures may be refused to provide passenger service;
(3) the implementation of the tariffs and issue fare invoices; in accordance with the provisions of the use of overhead lights, meters and other passenger service facilities;
(4) shall not be handed over to the use of the vehicle to the people without passenger qualification documents;
(5) shall not use the vehicle to carry out Illegal and criminal activities;
(F) found suspected of illegal and criminal personnel, should be promptly reported to the public security organs, shall not be uninformed;
(G) comply with the other provisions of the norms of passenger transportation services.
Article 23 When a passenger needs to go out of the city or go to a suburb or remote area at night, the taxi driver may ask the passenger to accompany him to the nearest public security organ or taxi station for verification and registration procedures, and report to the taxi business enterprise to which the driver belongs. The passenger shall cooperate.
Article 24 Passengers shall comply with the relevant provisions of these Measures and road traffic management laws and regulations, and shall not stop the vehicle under the following circumstances:
(a) when the vehicle is in passenger operation;
(b) when the vehicle stops at a red light;
(c) when stopping at a location or section of a roadway is prohibited;
(d) when the roadway cannot be traveled. traveling.
Article 25 Passengers shall pay the fares and the expenses incurred for bridges, crossings, transitions, etc., which are necessary for the passengers and the routes in accordance with the prescribed standards.
Passengers may refuse to pay the fare in any of the following cases:
(1) the rental car does not have a meter or has a meter that is not in use;
(2) the driver does not issue an invoice for the fare.
Article 26 Taxi in principle should be operated in the region, but according to the needs of passengers, can also be between the region and outside the region. In the meantime, the charges, fare invoices, etc. shall still be in accordance with the provisions of the region.
Hire cars engaging in out-of-town operations whose starting and ending points are both within the region must be approved by the region's urban passenger transportation management agency.
Folding Chapter IV Inspection and Complaints
Article 27 The administrative department of urban construction or the urban passenger transportation management agency entrusted by it shall strengthen the supervision and inspection of urban rental cars. Urban passenger transportation management personnel shall wear uniform identification clothing and duty signs when carrying out inspection duties on rental cars at passenger flow distribution points and on the roads.
Article 28 The passenger transportation management agencies and rental car operators shall establish a complaint acceptance system to accept complaints and social supervision of violations of these measures.
The complainant shall provide fare invoices, vehicle license plate number and other relevant evidence and circumstances.
Article 29 Taxi business enterprises accept complaints, shall make a reply within ten days from the date of acceptance. Complainants have objections to the response, you can then complain to the passenger transportation management organization.
The passenger transportation management organization accepts the complaint, shall be dealt with within one month from the date of acceptance; the complexity of the situation, can be dealt with within three months.
Article 30 Passengers and drivers have disputes over passenger transportation services, they can go to the passenger transportation management organization.
If a passenger complains about the inaccuracy of the meter, the passenger transportation management agency shall immediately seal the meter and its attached devices and send it to the technical supervision department for calibration, and the expenses incurred shall be borne by the responsible party.
Folding Chapter V Penalties
Article 31 For operators and employees who violate Article 17, Article 18 (2), (4), (5), (6), Article 20, paragraphs 2 and 3, and Article 22 (1), (2), (3), (4), depending on the severity of the case, respectively, the urban passenger transportation management agency shall give a warning and impose a fine of up to 3,000 yuan.
Article 32 For unauthorized installation of overhead lights, meters and other passenger facilities or signs on non-hire vehicles, the urban passenger transport management agency shall order them to make corrections and impose a fine of not more than 3,000 yuan.
Article 33 For units and individuals illegally engaging in the operation of rental cars without authorization, the urban passenger transport management agency shall order them to stop the illegal acts and impose a fine of not less than 5,000 yuan and not more than 30,000 yuan.
Article 34 Obstructing the staff of the passenger transport management agencies in the performance of their official duties, violation of Article 22 (5), the use of leased vehicles to engage in illegal activities in contravention of the "Chinese People's Republic of China *** and the State Administration of Public Security Punishment Ordinance", the public security organs shall be given an administrative penalty; constitutes a crime, shall be investigated for their criminal responsibility.
Article 35 Passenger management agencies and staff in violation of these measures, abuse of power, favoritism, dereliction of duty, by their units or higher authorities to give administrative sanctions; constitutes a crime, be held criminally responsible.
The business loss caused by the parties concerned, in accordance with the relevant provisions of the Chinese People's **** and State Compensation Law.
Article 36 If the party concerned is not satisfied with the administrative penalty imposed by the passenger transportation management agency, it may, within fifteen days from the date of receipt of the "Decision on Administrative Penalty", apply for reconsideration to its superior administrative department; if the party concerned is not satisfied with the decision on reconsideration, it may, within fifteen days from the date of receipt of the decision on reconsideration, file a lawsuit to the local people's court. The parties may also directly to the local people's court.
Folding Chapter VI Supplementary Provisions
Article 37 The competent department of construction administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate implementation rules in accordance with these Measures.
Article 38 These Measures shall be interpreted by the Ministry of Construction and the Ministry of Public Security.
Article 39 These Measures shall come into force on February 1, 1998 .