Provisions on the Administration of Taxi Operation Services
Chapter I General Provisions
Article 1 In order to regulate the behavior of taxi operation services, protect the legitimate rights and interests of passengers, drivers and taxi operators, and promote the healthy development of the taxi industry, the provisions are formulated in accordance with the relevant state laws and administrative regulations.
The second engaged in the taxi business services, shall comply with these provisions.
The third taxi is an integral part of urban transportation, should be compatible with the economic and social development of the city, and public **** transportation and other passenger service modes of coordinated development, to meet the people's personalized travel needs.
Article 4 of the taxi should be operated in accordance with the law, honesty and trustworthiness, fair competition, quality service.
Article 5 of the state encourages the implementation of scale, intensification, corporatization of rental cars.
Article 6 of the Ministry of Transportation is responsible for guiding the national management of rental cars.
The departments in charge of transportation of the local people's governments at or above the county level are responsible for organizing and leading the management of rental cars in their own administrative areas under the leadership of the people's governments at that level.
Road transportation authorities at or above the county level (including rental car authorities, the same below) are responsible for the specific implementation of the management of rental cars.
Article 7 of the local people's governments at or above the county level, the competent departments of transportation shall, in accordance with the economic and social development and the people's travel needs, in accordance with the functional positioning of rental cars, the development of rental car development planning, and reported to the people's government at the same level for approval and implementation.
Chapter II Operating Permit
Article VIII of the application for rental car business, should be based on the operating area to the corresponding district of the municipal or county road transport management agencies to apply, and meet the following conditions:
(a) there are in line with the requirements of the motor vehicle management and to meet the following conditions of the vehicle or to provide assurance that the vehicle to meet the following conditions of the letter of commitment:
1. p>1. Meet the national and local technical conditions for rental cars;
2. Have the right to operate rental car vehicles obtained in accordance with the provisions of Article XIII.
(2) have drivers who have obtained qualification certificates that meet the requirements;
(3) have sound operation and management systems, safety production management systems and service quality assurance systems;
(4) have fixed business premises and parking lots.
Article 9 applicants applying for the operation of rental cars, shall submit the following materials:
(1) "Application Form for the Operation of Rental Cars" (see Annex 1);
(2) the investor, the person in charge of the identity, proof of creditworthiness and its copy, and the operator's proof of identity and its copy and letter of attorney;
(3) proof of the right of the vehicle operation of the rental car and a letter of commitment for the vehicles to be put into service (see Annex 2), including the number of vehicles, the number of seats, the type and class, and the technical grade;
(4) the qualification certificates of the drivers employed or to be employed and the copies thereof;
(5) the text of the management system of the operation of the rental car, the management system of production safety and the system for guaranteeing the quality of service;
(6) the business premises, parking lot (f) Business premises, parking lots and other relevant certificates of use.
Article 10 of the municipal or county road transport management agencies to accept applications for the operation of rental cars, shall be accepted within 20 days from the date of acceptance of the decision to permit or not permit.
Article 11 of the municipal or county road transport agencies to make administrative licensing decisions on the taxi business applications, shall issue "taxi business administrative licensing decision" (see Annex 3), specify the scope of operation, operating areas, the number of vehicles and requirements, taxi vehicle operating right period and other matters, and within 10 days to the licensee to issue the "Road Transportation Business License". License" within 10 days.
The municipal or county road transport management agency shall issue a "Decision on Non-Administrative License" to the applicant if it makes a decision on non-administrative license for an application that does not meet the prescribed conditions.
Article XII of the county road transport management agencies shall, in accordance with the local taxi development plan, taking into account the actual supply and demand situation in the market, taxi operating efficiency and other factors, to determine the scale of taxi capacity, reasonable allocation of taxi vehicle right to operate.
Article 13 of the state encourages through the quality of service bidding allocation of rental car vehicle operating rights.
The municipal or county road transport management agency shall, based on the operation plan provided by the bidder, the service quality status or service quality commitment, vehicle equipment and safety measures, and other factors, selectively allocate the right to operate rental car vehicles, issue the successful bidder with a certificate of the right to operate the vehicle, and sign an operating agreement with the successful bidder.
Article 14 of the rental car vehicle operating right of the operating agreement shall include the following:
(1) the number of rental car vehicle operating right, the use of the mode, period, etc.;
(2) the rental car operation service standards;
(3) rental car vehicle operating right of the change, termination and continuation of the
(4) performance
(v) Liability for breach of contract;
(vi) Dispute resolution;
(vii) Any other matters that both parties think should be agreed upon.
In the validity of the agreement, there is a need to change the content of the agreement, the agreement shall be signed by the parties on the basis of **** with the consultation of supplementary agreements.
Article 15 of the licensee shall, in accordance with the "Administrative License Decision on Taxi Operation" and the operating agreement, put in line with the specified number, seating capacity, type and class, technical grade and other requirements of the vehicle. After the original licensing authority verifies that the requirements are met, the vehicle shall be issued with a Road Transportation Certificate.
The taxi vehicles put into operation shall be installed with a meter that meets the technical standards, a vehicle satellite positioning device that has the function of driving record, an emergency alarm device, painted with body colors and logos in accordance with the requirements, and set up with a roof light with the words "Taxi" in both Chinese and English, and a sign that can show the operational status of empty, suspended, and tele-call. In accordance with the provisions of the vehicle in a conspicuous position marked with tariffs, passenger information, the name of the operator and service supervision telephone.
Article 16 of the rental car vehicle operating right shall not exceed the specified period, the specific period of time by the municipal or county-level transportation department reported to the people's government at the local level according to the vehicle model and the scrapping cycle and other factors to determine.
Article XVII of the rental car vehicle right to operate for any reason can not continue to operate, granting the right to operate the vehicle road transport management agencies can give priority to recover. In the validity of the right to operate the vehicle, the need to change the vehicle operating right to operate the main body, should be to the original licensing authority for the change of license procedures. Road transport management agencies in the vehicle operating right to change the permit procedures, shall, in accordance with the provisions of Article 8, review the conditions of the new vehicle operating right to operate the main body, prompted by the duration of the right to operate the vehicle and other related risks, and to re-sign the operating agreement, the operating period for the vehicle operating right for the remainder of the period.
Article 18 of the rental car operators in the vehicle operating right period, shall not be suspended or terminated without authorization. Need to change the license or suspend or terminate the operation, should be 30 days in advance to the original licensing authority to apply, according to the relevant procedures. Taxi operators to terminate the operation, should be related to the "road transport business license" and "road transport certificate" and so on back to the original licensing authority.
If a rental car operator does not put a compliant vehicle into operation for more than 180 days after obtaining the operation license without justifiable reasons or stops operation for more than 180 consecutive days after operation, it is regarded as termination of the operation automatically, and the original licensing authority shall take back the corresponding right to operate the rental car vehicle.
The rental car operator merger, separation or change the name of the main business, should be to the original licensing authority for the change of license procedures.
Article 19 of the rental car vehicle right to operate after the expiration of the rental car operator to continue to engage in business, should be 60 days before the expiration of the right to operate the vehicle, to the original licensing authority to apply. The original licensing authority shall, in accordance with the Measures for Examination of Service Quality and Reputation of Taxi Service, review the results of the examination of the service quality and reputation of the taxi operator and deal with them in accordance with the following provisions:
(1) If the examination grades are AA and above during the operation period, approval shall be granted for the continuation of the operation;
(2) The examination grades are A and above during the operation period;
(2) The examination grades are A and above during the operation period. Grade A within the operating period, it shall be urged to strengthen its internal management, and be permitted to continue operation after passing the rectification;
(c) If the assessment grade is B or more than half of it is A within the operating period, the right to operate the vehicle may be appropriately reduced depending on the circumstances;
(d) If more than half of it is B within the operating period, the right to operate the vehicle shall be withdrawn and the vehicle shall be reconfigured in accordance with the provisions of Article 13; and The provisions of Article 13 to reconfigure the vehicle operating right.
Article 20 of the road transport management agencies at or above the county level shall, in accordance with the development plan for rental cars, the development of diversified and differentiated reservation of rental car business services.
Permission for reservation of rental cars, in accordance with the relevant provisions of this chapter, and in the "rental car operation administrative licensing decision", "road transport operation permit", "road transport certificate", the reservation of rental car body color and logo should be differentiated.
Chapter III Operational Services
Article 21 Taxi operators shall provide passengers with safe, convenient and comfortable taxi services.
Encourage rental car operators to use energy-saving and environmentally friendly vehicles and accessible vehicles to provide services for persons with disabilities.
Article 22 Taxi operators shall comply with the following provisions:
(1) Engage in business activities in the licensed operation area, beyond the licensed operation area, the starting and ending points shall be within the licensed operation area;
(2) Ensure that the operating vehicles are in good condition;
(3) Operate the service in accordance with the relevant state standards;
(d) protect the legitimate rights and interests of employees, and sign labor contracts or business contracts with them in accordance with the law;
(e) strengthen the management and training and education of employees;
(f) shall not hand over the rental car to the operation of the person who has not been registered as an employee.
Article 23 of the rental car operation, car appearance, facilities and equipment should meet the following requirements:
(1) the body appearance is neat and intact, the cabin is neat, hygienic, no odor;
(2) the door functions properly, the window glass is well closed, no cover, lift function is effective;
(3) the seat is firm and not collapsed, the front seat can be moved back and forth, backrest tilt (C) the seats are firm and not collapsed, the front seats can be moved forward and backward, the backrest tilt adjustable, the seat belt and locks are complete and effective;
(D) the seat covers, headrest covers, foot mats are complete;
(E) the meter, the overhead light, the operation sign, service supervision card (plate), on-board information technology equipment, etc. are intact and effective.
Article 24 of the taxi driver shall provide services in accordance with national taxi service standards, and comply with the following provisions:
(a) routine inspection before operation, keep the vehicle facilities and equipment intact, car neat, ready invoices, ready change;
(b) neatly dressed, civilized language, active greetings, and remind passengers to fasten their seat belts;
(3) according to the passenger's wishes to lift the window glass and the use of air conditioning, audio, video and other service equipment;
(4) passengers carrying luggage, take the initiative to help passengers pick up and place the luggage;
(5) take the initiative to help the elderly, young, sick, disabled, pregnant passengers get on and off the car;
(6) no smoking in the car, avoid eating food with a bad smell;
(G) with the road transport license, license, and according to the provisions of the placement, paste the relevant documents and signs;
(H) in accordance with the destination specified by the passengers to choose a reasonable route to travel, shall not refuse to carry, bargaining, on the way to dumping, intentional detour driving;
(IX) in airports, railway stations, bus terminals, ports, public **** transportation hubs and other places of distribution of passenger traffic when carrying passengers Should be civilized queuing, obey the scheduling, shall not violate the provisions of the non-designated area soliciting passengers;
(j) without the consent of the passenger shall not carry other passengers;
(k) according to the provisions of the use of the meter, the implementation of the charges and the initiative to issue a valid fare ticket;
(xii) comply with road safety regulations, civilized and courteous driving.
Article 25 of the taxi driver encountered the following special circumstances, should be handled in accordance with the following ways:
(a) passengers are not satisfied with the service, listen to criticism;
(b) found that the passengers lost property, and try to return the owner in a timely manner. Unable to find the owner of the lost, and promptly handed over to the taxi company or the relevant departments to deal with, shall not be privately retained;
(c) found that the passengers left suspected dangerous goods, immediately report to the police.
Article 26 of the rental car passengers shall comply with the following provisions:
(1) shall not carry flammable, explosive, toxic and other hazards to the public **** safety of the car;
(2) shall not carry pets and affect the interior hygiene of the car;
(3) shall not be put forward to the driver of the violation of the road safety regulations;
(4) not to the driver's request;
(5) shall not be allowed to bring any dangerous goods to the car;
(6) shall not be allowed to bring any dangerous goods to the car. p>(d) shall not throw objects outside the vehicle, and shall not damage the facilities and equipment inside the vehicle;
(e) if an intoxicated person or a mentally ill person is traveling in the vehicle, he or she shall be accompanied (guardian);
(f) shall comply with the provisions of the call service, and ride in accordance with the agreed time and place;
(g) shall pay the fare in accordance with the regulations.
Article 27: If a passenger requests to go to a remote or out-of-the-way area or to drive out of the city at night, the driver may ask the passenger to accompany him or her to the nearest department for verification and registration; if the passenger fails to do so, the driver shall have the right to refuse to provide the service.
Article 28 of the taxi operation process in one of the following cases, the passenger has the right to refuse to pay the fee:
(a) the driver does not use the meter in accordance with the provisions of the meter, or the meter malfunction continues to operate;
(b) the driver is not in accordance with the provisions of the corresponding fare bill to the passenger;
(c) the driver for road traffic safety violations to be dealt with;
(d) the driver is not in accordance with the provisions of the fare bill;
(c) the driver for road traffic safety violations to be dealt with. Road traffic safety violations to be dealt with, unable to deliver passengers to their destinations in a timely manner;
(d) the driver refuses to accept payment by credit card in accordance with the regulations.
Article 29 of the rental car call service shall comply with the following requirements:
(1) According to the reservation request made by the passenger through telecommunication, internet and other means, the rental car operation service shall be provided according to the agreed time and place;
(2) The rental car call service platform shall provide 24-hour uninterrupted service;
(3) The call service Upon receiving a passenger's reservation, the personnel shall dispatch a rental car in a timely manner in accordance with the passenger's demand;
(d) After accepting the call assignment, the rental car driver shall arrive at the agreed place at the agreed time. If the passenger does not wait for the car as agreed, the driver shall contact the passenger or the caller to confirm;
(e) After the passenger gets on the car, the driver shall send the caller information to confirm the passenger on the car.
Article 30 of the reservation of rental car drivers can only provide passengers with operational services by reservation, waiting for passengers in the specified location, shall not be cruising for passengers.
Article 31 of the taxi operators should consciously accept social supervision, publish service supervision telephone, designated departments or personnel to receive complaints.
Taxi operators shall establish a 24-hour service complaints duty system, received a passenger complaint, it should be accepted in a timely manner, within 10 days to deal with, and will inform the results of the passengers.
Chapter IV Operation Guarantee
Article 32 of the municipal or county-level transportation department shall, under the leadership of the people's government at the local level, in conjunction with the relevant departments of the rational planning and construction of comprehensive service areas, parking lots, stops, etc., and set up a distinctive logo.
The comprehensive service area for hire cars shall provide catering, rest and other services for drivers of hire cars entering the service area.
Article 33 of the municipal or county-level transportation department shall cooperate with the relevant departments, in accordance with the relevant provisions, and take into account the positioning of the taxi industry, operating costs, the level of economic development and other factors to formulate reasonable tariffs, and adjusted in due course.
The municipal or county-level transportation departments shall cooperate with the relevant departments to reasonably determine the charges for taxi call service, and incorporate them into the special charges for rental cars.
Article 34 of the rental car operators shall establish and improve and implement the production safety management system, strengthen management in accordance with the law, fulfill the management responsibility to improve the level of operation and service.
Article 35 taxi operators shall protect the legitimate rights and interests of drivers in accordance with the provisions of relevant laws and regulations, and regulate the labor contract or business contract signed with drivers.
Taxi operators shall safeguard the right to rest of taxi drivers through the establishment of a team of replacement drivers, reduce or waive the cost of operating the contract on the driver's rest day.
Article 36 of the rental car operators shall reasonably determine the contracting and management costs, and shall not transfer the investment and business risks to the drivers.
The taxi operators shall regulate the internal charging behavior, reasonable charges in accordance with the provisions of the charges, to the driver to disclose the charges, charges, and provide charging notes.
Article 37 of the rental car operators shall establish a vehicle technology management system, in accordance with the vehicle maintenance standards for regular maintenance of vehicles.
Article 38 of the taxi operators should be in accordance with the "taxi driver qualification management regulations", the driver and other practitioners of training, education and supervision and management, in accordance with the norms to provide services. Drivers have private subcontracting operations and other illegal behavior, shall be corrected; the circumstances are serious, the contract may be terminated in accordance with the agreement.
Article 39 of the rental car operators shall develop including reporting procedures, emergency command, emergency vehicles, and disposal measures, such as emergency response plan for unexpected public **** events.
Article 40 of the taxi operators shall, in accordance with the requirements of the road transport management agencies at or above the county level, timely completion of rescue and disaster relief and other directive transportation tasks.
Article 41 of the localities shall, according to the actual situation of the development of taxi call service, take a variety of ways to build taxi call service platform, promote artificial telephone call, cell phone software call, network car and other taxi call service, establish and improve the call service management system.
Taxi operators shall, according to the actual situation, build or access to the taxi car call service platform to provide taxi car call service.
Chapter V Supervision and Administration
Article 42 The competent departments of transportation of the local people's governments at or above the county level and the road transport management agencies at the municipal or county level in the districts shall strengthen the supervision and inspection of the operation of rental cars, and together with the relevant departments, correct and stop the operation of illegal rental cars and other illegal acts, and safeguard the market order of the rental cars.
Article 43 of the county level or above road transport management agencies should be on the rental car operators to fulfill the operating agreement to supervise and inspect, and in accordance with the provisions of the rental car operators and drivers for service quality reputation assessment.
Article 44 of the rental car is no longer used for business, the municipal or county road transport management agencies shall organize the rental car equipped with operating signs and special equipment for recycling and disposal.
Article 45 of the municipal or county road transport management agencies shall establish a complaint reporting system, public complaint telephone, mailing address or e-mail, accept passengers, drivers and operators of complaints and social supervision.
Settlement of municipal or county road transport management agencies to accept complaints, should be completed within 10 days; complex situations, should be completed within 30 days.
Article 46 of the municipal or county-level transport authorities shall complete the government's directive transport tasks outstanding achievements, business management, brand building, civilized service achievements, there are picking up money, saving lives, see justice and courageous and other advanced deeds of rental car operators and drivers, be commended and rewarded.
Chapter VI Legal Liability
Article 47 violates the provisions of this article, one of the following acts, by the road transport management agencies at or above the county level and ordered to make corrections, and impose a fine of 5,000 yuan or more than 20,000 yuan. Constitutes a crime, shall be investigated for criminal responsibility:
(a) without obtaining a rental car business license, engaged in rental car business activities without authorization;
(b) starting and ending points are not in the licensed business area engaged in the operation of rental cars;
(c) the use of the vehicle without a road transport certificate, unauthorized rental car business activities;
(D) the use of invalid, forged, altered, canceled, and other invalid road transportation certificate of the vehicle engaged in rental car business activities.
Article 48 Taxi operators in violation of the provisions of one of the following acts, by the road transport management agencies at or above the county level shall be ordered to make corrections, and impose a fine of 10,000 yuan or more than 20,000 yuan. Constitutes a crime, shall be investigated for criminal responsibility:
(a) unauthorized suspension, termination of all or part of the rental car operation;
(b) leasing or unauthorized transfer of rental car vehicle operating rights;
(c) rental car driver subcontracting operation is not promptly corrected;
(d) not in accordance with the provisions of ensuring that the vehicle is in good technical condition;
(e) Failure to disclose to the rental car driver charges, charges;
(f) Not in accordance with the provisions of the configuration of rental car-related equipment;
(g) Not in accordance with the provisions of the establishment and implementation of the complaint reporting system.
Article 49 of the taxi drivers in violation of the provisions of one of the following circumstances, by the road transport authorities at or above the county level shall be ordered to correct, and shall be sentenced to a warning or a fine of not less than 50 yuan to not more than 200 yuan:
(a) refusing to take, bargaining, dumping passengers on the way, or intentionally detouring the road;
(b) without the consent of the passenger to carry other passengers;
(c) Failure to use the meter in accordance with the provisions of the illegal charging;
(d) Failure to issue the appropriate fare tickets in accordance with the provisions of the
(e) Failure to carry the road transport license and qualification certificate in accordance with the provisions of the
(f) Failure to use the relevant equipment of the rental car in accordance with the provisions of the
(g) Failure to perform the taxi cab call assignment;
(h) Failure to carry out the agreed upon tasks;
(i) Failure to use the taxi cab to carry out the agreed upon tasks
(viii) Failure to use civilized language in accordance with the regulations, and the appearance of the vehicle does not meet the requirements.
Article 50 If a taxi driver violates these regulations in any of the following cases, he/she shall be ordered to make corrections by the road transport management agency at or above the county level, and shall be fined not less than 500 yuan and not more than 2,000 yuan:
(1) not obeying the scheduling and soliciting for passengers privately in the airports, railway stations, bus terminals, harbors, and public ****transportation hubs, etc., where the passenger traffic is concentrated and dispersed;
(2) transferring, selling, falsifying, or forging a taxi; and (B) Transferring, selling or forging the relevant tickets of the rental car;
(C) Driving a reserved rental car for cruising and soliciting passengers.
Article 51 The staff of the road transport management agency in violation of the provisions of this regulation, one of the following circumstances, in accordance with the relevant provisions of the administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility:
(1) failure to implement the administrative licensing in accordance with the prescribed conditions, procedures and deadlines;
(2) involved in or disguised participation in the operation of the rental car;
(3) found that violations of the law; and p>(c) Failure to investigate and deal with violations of the law in a timely manner;
(d) Soliciting or accepting other people's property, or seeking other benefits;
(e) Other violations of the law.
Article 52 If the local laws and regulations and governmental regulations have different provisions on the legal responsibility to be borne for the illegal behavior of taxi operation from these provisions, the provisions shall be applied to the extent that they are different.
Chapter VII Supplementary Provisions
Article 53 Meaning of the following terms in these Provisions:
(1) "Taxi operation service" means that it can be used to solicit passengers by cruising on the road, spraying and installing the logo of the taxicabs, and providing travel service for passengers with seven-seat passenger cars and less and driving labor and Driving according to the wishes of the passengers, and billing according to the mileage and time of driving;
(2) "Reservation of rental car business services" means the business activities of soliciting passengers by reservation with a seven-seat passenger car or less and driving according to the wishes of the passengers and providing driving services, and billing according to the mileage and time of driving, or by agreement.
(c) "Taxi Calling Service" means the provision of taxi operation service according to the time and place agreed upon based on the reservation request made by the passenger through telecommunication, internet, etc.;
(d) "Refusal to Carry" means the refusal to carry an empty vehicle on the road, which means that the vehicle is not carried by the passenger. (i) "Refusing to carry" means the act of refusing to provide service when the taxi driver is informed of the passenger's destination while the vehicle is empty and waiting for hire on the road; or the act of taxi driver failing to provide the call service as promised;
(v) "Driving in a roundabout manner" means the act of taxi driver failing to follow a reasonable route;
(vi) "Driving in a roundabout manner" means the act of refusing to provide service in accordance with a reasonable route; and(f) "bargaining", refers to the taxi driver and passenger negotiation to determine the fare;
(g) "dumping", refers to the operation of the taxi driver without a valid reason to interrupt the passenger service.
Article 54 This provision shall come into force from January 1, 2015 onwards.