Road Transport Management Regulations of Gansu Province (Adopted at the 27th Session of the Standing Committee of the Eighth Provincial People's Congress on May 28, 1997) According to the 28th Session of the Standing Committee of the Ninth Provincial People's Congress on June 1, 2002 The "Decision on Amending the "Gansu Province Road Transport Management Regulations"" was revised for the first time in accordance with the "Decision on Amending the "Gansu Province Road Transport Management Regulations" at the 10th meeting of the 10th Provincial People's Congress Standing Committee on June 4, 2004 》Second Amendment) Chapter 1 General Provisions
Article 1: To strengthen road transportation management, protect the legitimate rights and interests of road transportation operators and their service objects, and promote economic and social development, in accordance with relevant national regulations, This regulation is formulated based on the actual conditions of the province.
Article 2 The term “road transport management” as mentioned in these Regulations refers to the management of road passenger transport, cargo transport, handling, vehicle maintenance, and transport services.
Article 3 These regulations apply to operators engaged in road transportation within the administrative region of this province, as well as their service recipients and road transportation managers.
This regulation does not apply to urban public transportation.
Article 4 The transportation administrative department of the people's government at or above the county level is the competent department of road transportation in its administrative region and is responsible for organizing the implementation of these regulations. The road transport management agencies to which it belongs shall specifically perform the management functions of road transport and implement administrative penalties for violations of the provisions of these regulations.
Other relevant administrative departments shall do a good job in the management of road transportation in accordance with their respective legal responsibilities.
Article 5 Road transportation shall implement the policy of multiple operations, unified management, and coordinated development to protect fair competition.
The provincial transportation administrative department should strengthen regulation and control in terms of industrial policies and industry planning to promote the healthy development of the road transportation industry.
Chapter 2 Basic Management
Article 6 Units and individuals applying to operate commercial road transportation shall meet the technical and economic conditions for opening of road transportation households stipulated by the state, and have the necessary qualifications to operate with them. Equipment, facilities, space, funding and professionals appropriate to the type, project, size and scope.
Article 7 Units and individuals that apply to operate commercial road transportation shall submit relevant certificates of technical and economic conditions to the local road transportation management agency at or above the county level in accordance with the provisions of relevant national laws and administrative regulations. Application for business opening.
Road passenger and freight transport operators shall establish vehicle technical files in accordance with regulations and carry with the vehicle a road transport certificate issued by the road transport management agency where the vehicle is registered.
Article 8 Road transportation management agencies may participate in road inspection stations established with the approval of the Provincial People's Government to inspect transportation vehicles, and may conduct inspections at the operation sites of handling, vehicle maintenance, passenger and freight stations, and transportation services. Conduct inspections on the business practices of road transport operators.
Article 9 Road transport operators shall accept the annual inspection of the road transport business license by the local road transport management agency in accordance with regulations.
Units and individuals engaged in road transport shall submit road transport statistics to the local road transport management agency.
Article 10 When a road transport operator needs to change or cancel its registration, it shall submit an application to the original approving road transport management agency thirty days in advance. After approval, it shall apply to the industrial and commercial administration, taxation agency that originally approved the registration in accordance with the law. The department shall handle the change of registration or cancellation of registration and make an announcement in the original place of business.
Article 11 Road transport operators shall strictly implement national price policies and provincial toll items, prices, working hour quotas and rate standards.
Road transport operators should clearly mark the prices of their business items.
Article 12 Road transport operators shall use passenger tickets, cargo tickets and other settlement vouchers that comply with national regulations. If they do not use the prescribed tickets or fail to pay valid tickets, passengers, shippers or other service objects may Refusal to pay fees.
Article 13 Road transport operators shall pay taxes in accordance with the law and pay road transport management fees and traffic regulations in accordance with the regulations of the national and provincial people's governments.
Road transport management agencies should, in accordance with national regulations, strengthen the management of the use of road transport management fees, and earmark funds for their exclusive use. No unit or individual may misappropriate them for other purposes.
Article 14 Road transport management agencies shall perform management duties in accordance with the law, adhere to the principle of equal emphasis on management and services, make management regulations, service procedures, and charging standards public, accept social supervision; establish and improve an internal supervision system , proactively correct inappropriate road transportation management administrative behaviors; cooperate with relevant departments to ensure smooth road transportation and serve road transportation operators and their service objects.
Chapter 3 Passenger Transport and Cargo Transport
Article 15 Road passenger transport includes shuttle bus transport, high-speed passenger transport, scheduled passenger transport, tourist passenger transport, taxi passenger transport, chartered passenger transport, etc. .
Road cargo transportation includes general cargo transportation, less-than-truckload cargo transportation, large cargo transportation, container transportation, refrigerated and insulated transportation, dangerous goods transportation, commodity automobile transportation, etc.
Article 16 The road transport management agency shall conduct hierarchical examination and approval, or implement a tendering and bidding system, for road passenger transport routes, operating areas and taxi operating rights in accordance with the principles of fairness, impartiality and openness.
LTL cargo transportation approved by the road transportation management agency shall be transported on fixed routes, fixed points and fixed shifts.
Article 17 Road passenger transport operators shall operate according to approved routes, carry passengers at approved stations and points, and depart according to prescribed shifts and times. No overcrowding is allowed in violation of regulations.
Taxi passenger transport operators shall choose reasonable routes according to the destination designated by the passengers, and shall not deliberately make detours; they shall not take others without the consent of the passengers; taxis displaying the "empty taxi" sign shall not Passengers may not be refused carriage.
Article 18 Road passenger transport operators shall not change vehicles midway or transfer passengers to other carriers unless they are unable to continue driving in the event of a natural disaster, traffic accident or mechanical failure of the vehicle.
Article 19 Road transport management agencies shall organize and coordinate the transportation of bulk and key goods at stations, ports and freight yards. Both the carrier and the shipper shall sign a transportation contract and implement contractual responsibility for transportation.
Article 20 For goods subject to transportation restrictions and certificates stipulated by the state and provinces, the carrier and shipper shall handle relevant procedures in accordance with the regulations.
Article 21 During the transportation of passengers or goods by road, if any personal injury, property loss or damage to vehicle facilities is caused to others due to the responsibility of the carrier, shipper or passengers, the responsible party shall be liable in accordance with the national regulations. The relevant provisions or agreements bear liability for compensation.
Article 22 Road transport operators shall not use unfair means to attract customers or sources of goods, nor shall they interfere with or crowd out the normal road transport business activities of others. No department or individual may impose regional blockades on road transport operations under any pretext.
Article 23 Vehicles operating road shuttle passenger transport, tourist passenger transport, chartered passenger transport, and less-than-truckload freight transport shall display uniform route signs. Route signs shall be issued in accordance with the unified format stipulated by the state and the province and shall be issued by the road transport management agency within the limits of the opening approval authority.
Vehicles transporting dangerous and bulky goods shall be equipped with transportation signs in accordance with regulations.
Taxi passenger vehicles shall be equipped with and use rental sign lights and mileage meters in accordance with regulations, and post fare lists and supervisory telephone numbers.
Article 24 Vehicles used for road transportation shall meet the Level 2 or above standard of the "Automotive Technical Grade Rating Standards".
Vehicles engaged in dangerous goods transportation and high-speed passenger transportation should meet the first-level or above standards of the "Automotive Technical Grade Rating Standards".
Article 25 Road transport operators shall obey unified dispatch and unified command for emergency transportation tasks such as emergency rescue, disaster relief, and military affairs assigned by people's governments at or above the county level.
Chapter 4 Transportation, Loading and Unloading
Article 26 Transportation and loading operators shall carry out transportation and loading and unloading of goods for road transport vehicles in accordance with the projects and scope approved by the local road transportation management agency. Operation. Road transport management agencies should strengthen the management of handling and loading operators in cargo distribution centers such as stations (yards), ports, freight yards, warehouses, factories and mines.
Article 27 Transport and loading operators engaged in transport and loading operations shall strictly abide by safe operating procedures, prohibit rough loading and unloading, and ensure the quality of operations. If there are special requirements for handling and loading goods, the operations should be carried out in accordance with the requirements marked on the packaging of the goods.
If cargo damage, cargo difference, or loss occurs due to handling and loading, the handling and loading operator shall bear liability for compensation.
Article 28 The shipper shall declare the name, weight, etc. of the goods. If due to concealment of declaration or inclusion of dangerous goods in the goods, damage to handling and loading equipment or facilities or personal injury occurs, the shipper shall bear liability for compensation.
Chapter 5 Transportation Vehicle Maintenance and Inspection
Article 29 Transportation vehicle maintenance includes automobile (motorcycle) overhaul, assembly repair, maintenance and special repair.
Article 30 Transport vehicle maintenance operators shall operate in accordance with the categories and scope of operations approved by the road transport management agency, implement the technical standards and safety and technical regulations issued by the state and the province, and implement the vehicle factory quality assurance period system.
When carrying out maintenance operations, transport vehicle maintenance operators shall sign maintenance contracts with vehicle owners in accordance with relevant regulations, and issue factory certificates to vehicles upon completion of maintenance.
Article 31 Fair competition is implemented in the maintenance of transportation vehicles. Vehicle owners can choose repair shops and points according to the vehicle maintenance category. No department or individual may force or force vehicle owners in disguised form to go to designated repair shops or points for repairs. Vehicles and related equipment for assembling transport vehicles.
Article 32 Road transport management agencies shall strengthen the supervision of transport vehicle maintenance quality and regularly inspect the maintenance quality of transport vehicle maintenance operators.
Article 33 Vehicle comprehensive performance testing operators shall strictly implement the testing technical standards stipulated by the state and engage in vehicle comprehensive performance testing in accordance with the testing level assessed by the provincial road transportation management agency.
Chapter 6 Transport Services
Article 34 Road transport services refer to various businesses that provide services for road transport, including passenger and freight transport station (field) services, passenger Freight forwarding, freight stowage, warehousing and tallying, transportation intermediary information services, vehicle rental and training of car drivers and road transportation practitioners, etc.
Article 35 Passenger and freight station (field) operators shall provide passengers and cargo owners with necessary equipment and safe and high-quality services in terms of ticket purchase, waiting, checked baggage, parcels, cargo, etc., and provide passengers and cargo owners with safe and quality services. People provide operating conditions such as carrying passengers, distributing goods, parking, and departure.
Article 36 Passenger and freight forwarders and operators of intermodal transport services shall bear civil liability to passengers and cargo owners. When passengers and cargo owners are harmed and need compensation, the operator should compensate first and have the right to recover compensation from the responsible person.
Article 37 The information provided by transportation information service operators shall be accurate and timely.
Article 38 Road transport cargo warehousing operators shall classify and store the goods according to the nature, storage requirements and validity period of the goods to ensure that the goods are intact and facilitate timely access by the cargo owners.
Article 39 Car rental operators shall sign a car rental contract with the lessee and provide vehicles that are in good technical condition and fully equipped.
Article 40 Operators of car driver training shall conduct training in accordance with the teaching syllabus formulated by the state and provide students with qualified teachers, teaching materials and necessary venues and equipment.
Article 41 Professional drivers of commercial road transport vehicles, passenger transport attendants, automobile maintenance quality inspectors, automobile maintenance workers, dangerous goods transport personnel, and teachers of automobile driver training schools (classes) Road transport employees such as coaches and coaches should participate in job responsibility training, and only those with corresponding abilities can take up their posts.
Chapter 7 Penalties
Article 42 Anyone who violates the provisions of these Regulations and commits any of the following acts shall be given a warning or a fine of not less than 50 yuan but not more than 200 yuan; if the circumstances are serious, , a fine of not less than 200 yuan but not more than 500 yuan may be imposed, or the road transport permit may be temporarily withheld for less than three months:
(1) Road passenger transport vehicles do not depart according to the prescribed shifts and times;
(2) Road passenger transport vehicles operate with overcrowded passengers;
(3) Passenger taxi operators deliberately make detours, take others without the consent of passengers, refuse to carry passengers when the "empty vehicle" sign is displayed, Failure to use or incorrect use of mileage meters;
(4) Road passenger and freight transport vehicles failing to install, hang stipulated routes and transport signs in accordance with regulations;
(5 ) Failure to use or pay passenger tickets, cargo tickets and other settlement vouchers to service recipients in accordance with regulations;
(6) Road transport employees do not participate in job responsibility training as required or do not have job responsibility training certificates to engage in road transportation Transport business activities;
(7) Road transport vehicles do not carry road transport certificates or use invalid road transport certificates during operation.
Article 43 Anyone who violates the provisions of these Regulations and commits any of the following acts shall be fined not less than 300 yuan but not more than 1,000 yuan; if the circumstances are serious, the vehicle may be suspended from operation or ordered to suspend business for rectification:
(1) Failure to accept the annual inspection of the operating license of the road transport management agency as required;
(2) Road passenger transportation and LTL cargo transportation vehicles not operating according to the approved routes;
(3) Road passenger transport vehicles do not transport passengers at specified stations and points, change vehicles midway without reason or transfer passengers to others for transport;
(4) Transport vehicle maintenance operators Failure to implement the vehicle factory quality guarantee period system or failure to issue factory certificates for vehicles that have been repaired as required;
(5) Automobile comprehensive performance testing stations do not fill in the test form based on actual measured data or without testing ;
(6) Using vehicles that do not meet Level 2 or above of the "Automotive Technical Grade Rating Standards" to operate road transportation;
(7) Alteration, forgery, reselling and illegal transfer of roads Transportation business license, road transportation certificate, road transportation vehicle transportation signs, and route signs.
Article 44 Anyone who violates the provisions of these Regulations and commits any of the following acts will have his illegal income confiscated and may be fined not less than RMB 1,000 but not more than RMB 2,000; if the circumstances are serious, his road transport business license shall be revoked:
(1) Not operating in accordance with the scope, method, type and project approved by the road transport business license;
(2) Carrying restricted shipments, transporting goods without valid certificates and Transportation certificates;
(3) Vehicles engaged in dangerous goods transportation and high-speed passenger transportation fail to meet the first-level or above standards of the "Automotive Technical Grade Rating Standards".
Article 45 Whoever operates road transport without applying for a road transport business license as required will have his or her illegal income confiscated, may also be fined not less than 2,000 yuan but not more than 5,000 yuan, and ordered to apply for a road transport business license in accordance with regulations. certificate.
Article 46 Anyone who violates the provisions of these Regulations and commits any of the following acts shall be dealt with by the industrial and commercial administration, price, finance and other departments respectively in accordance with the provisions of relevant laws and regulations:
(1) Using unfair means to interfere with or exclude others from engaging in normal road transportation business activities;
(2) Violating national price policies and provincial regulations on charging items, prices, working hours quotas and rates Standard charges;
(3) Violation of the provisions of the National Negotiable Instruments Law;
(4) Other illegal acts.
Article 47 If a road transport operator fails to pay road transport management fees and traffic regulations as required, it shall be ordered to pay within a time limit, and a late payment fee of 0.5% shall be charged on a daily basis; if it refuses to pay, it shall be temporarily suspended. The road transport operating license for less than one month or the road transport certificate for less than three months will be deducted.
Article 48 When the road transportation management agency imposes administrative penalties, it shall be implemented in accordance with the provisions of the "Administrative Punishment Law of the People's Republic of China".
Article 49 When road transport management personnel perform supervision and inspection tasks, they shall dress and wear uniform signs in accordance with regulations, and present administrative law enforcement certificates issued by the state or province.
Special vehicles used for road transportation supervision and inspection should be equipped with uniform signs and warning lights.
Article 50 If a road transport manager violates the provisions of these Regulations when exercising administrative powers and falls under any of the following circumstances, he or she shall be ordered to make corrections by his or her unit or the superior department and be given administrative sanctions in accordance with the law; this shall constitute a crime. shall be investigated for criminal responsibility in accordance with the law:
(1) Abusing power and engaging in malpractice for personal gain;
(2) Abusing power for personal gain, soliciting and accepting bribes;
(3) Neglect of duty or serious dereliction of duty;
(4) Illegal establishment of checkpoints and interception of vehicles;
(5) Charges and fines in violation of regulations;
(6) Illegal seizure of documents;
(7) Infringement of the personal and property rights of road transport operators and employees.
Article 51 If the parties concerned are dissatisfied with the specific administrative actions taken by the road transportation management agency, they may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. If a party fails to apply for reconsideration of a specific administrative act within the time limit or fails to perform the act without filing a lawsuit, the road transportation management agency may apply to the People's Court for compulsory execution.
Chapter 8 Supplementary Provisions
Article 52 The provincial transportation administrative department is responsible for interpretation of specific application issues in the implementation of these regulations.
Article 53 This Regulation shall come into effect on July 1, 1997