Chapter I General Principles
Article 1 In order to standardize the road transport market, ensure the safety of road transport, safeguard the legitimate rights and interests of road transport operators and relevant parties, and promote the healthy development of road transport, these Regulations are formulated in accordance with the Regulations of the People's Republic of China on Road Transport, the Regulations of Jiangsu Province on the Administration of Road Transport Market and other laws and regulations, combined with the actual situation of this Municipality.
Article 2 The business activities, supervision and management of road passenger transport (hereinafter referred to as passenger transport), freight transport (hereinafter referred to as freight transport) and transport auxiliary industries within the administrative area of this Municipality shall abide by these regulations.
The transportation auxiliary industry mentioned in the preceding paragraph includes passenger and freight transport station (field) services, freight forwarding stowage, motor vehicle maintenance, motor vehicle comprehensive performance testing, motor vehicle driver training, car rental, etc.
City bus passenger transport and taxi passenger transport management in accordance with the relevant laws, regulations and rules.
Article 3 The municipal and county transportation departments shall be responsible for the supervision and management of road transportation within their respective administrative areas.
City and county-level city road transport management institutions are responsible for the specific implementation of road transport management.
Development and reform, economy and informatization, finance, public security, city appearance and municipal administration (urban management), industry and commerce, price, environmental protection, quality supervision, safety supervision and other departments shall, in accordance with their respective statutory duties, do a good job in road transport management.
Article 4 People's governments at all levels shall strengthen their leadership in the management of road transport and bring the road transport industry into the national economic and social development plan. Road transport management funds included in the fiscal budget.
People's governments at all levels shall give financial support to public services such as passenger and freight transport stations (fields) hubs, emergency transport security and rural passenger transport.
Article 5 The competent department of transportation shall, jointly with the departments of development and reform, economy and informatization, planning, etc. According to the needs of national economic and social development, formulate road transport development plans within their respective administrative areas and organize their implementation after approval by the people's government at the same level.
Article 6 Encourage scientific and technological progress in road transport, promote the construction of road transport information and logistics information platform and logistics technical standard system, develop new energy road transport, promote energy conservation and emission reduction, and guide road transport operators to implement large-scale, intensive and corporatized operations.
Encourage the development of modern modes of transportation such as drop-off transportation, urban distribution, multimodal transport and cold chain logistics. Popularize the closed mode of cargo transportation with anti-scattering, anti-loss and anti-leakage.
Article 7 Road transport industry associations shall establish and improve the industry self-discipline system, standardize and guide the business behaviors of their members, safeguard their legitimate rights and interests, and participate in the research, formulation, publicity and implementation of relevant laws and regulations on road transport.
Chapter II General Provisions
Eighth road transport management institutions shall, according to the road transport development planning, market supply and demand situation, through public bidding, free commission and other ways, reasonably guide the development of passenger transport, freight rental, motor vehicle driver training industry. The specific measures shall be formulated separately by the transportation department.
Article 9 Operators of passenger and freight transport and transport auxiliary industries shall strengthen the management of operating vehicles and abide by the following provisions:
(a) passenger vehicles, dangerous goods transport vehicles, freight taxis, long-distance buses and other vehicles, installation and use of monitoring facilities and equipment docked with road transport management institutions;
(two) passenger vehicles, freight taxis and long-distance buses shall be marked in accordance with the provisions, and it is forbidden to spray, post or set up signs and signs that do not meet the requirements inside and outside the carriage. Passenger vehicles shall hang operation signs in accordance with regulations, and vehicles transporting dangerous goods shall set up or hang sign lights and signs in accordance with regulations;
(3) Carry out regular maintenance and testing on passenger and freight transport vehicles, coaches and taxis to ensure that the vehicles meet the technical standards, emission standards and fuel consumption limit standards stipulated by the state, province and this Municipality;
(four) to review the types and grades of passenger vehicles every year.
Article 10 In case of natural disasters, public health and other public emergencies that require emergency transportation, road transport operators shall obey the unified dispatch and command of the people's governments at or above the county level and the road transport management institutions, and the expenses incurred therefrom shall be reasonably compensated by the people's governments.
Eleventh passenger and freight transport and auxiliary transport operators shall obtain the corresponding business license according to law, and engage in business activities within the scope of the license, and shall not transfer or lease the road transport business license and road transport permit without authorization.
The road transport management institution shall organize the service quality assessment of the operators of passenger and freight transport and transportation auxiliary industries and the scoring assessment of the business behavior of the employees.
Twelfth public security and transportation departments should establish passenger and freight transport drivers and coaches information management system to realize information resources.
If the driver's license of a passenger and freight transport driver or coach is revoked, cancelled or revoked according to law, the public security department shall promptly notify the competent department of transportation and its affiliated enterprises, and the issuing authority shall cancel its qualification certificate.
The public security department shall, according to the needs of the driver's application, provide the corresponding safe driving certificate.
Chapter III Passenger and Freight Transportation
Thirteenth to encourage the development of rural passenger transport, promote the integration of urban and rural passenger transport. The passenger bus adopts the mode of urban bus passenger transport, and the vehicles use urban bus models, which are managed with reference to the Regulations on the Administration of Urban Bus Passenger Transport.
Article 14 Where supermarkets, shopping malls, real estate enterprises, airlines, hospitals and other business units use vehicles to pick up and drop off the service objects free of charge, they shall obtain the road transport business license and incorporate it into the bus passenger transport management or chartered passenger transport management according to the mode of operation.
School buses specially used by schools and kindergartens to transport primary and secondary school students and children shall be confirmed by the administrative department of education and the traffic management department of the public security organ, and shall not engage in commercial transportation.
Fifteenth passenger line operators to change the frequency, origin or destination, should apply to the original licensing authority, re apply for administrative licensing procedures.
In addition to the emergency transport task issued by the road transport management institution, the origin or destination of the bus should be in the place where the car is registered. One-way chartered return passengers shall file with the road transport management institution where the return tourists are located.
Sixteenth new or updated passenger vehicles, engaged in expressway passenger transport, inter-provincial and inter-city charter, the technical level should reach the first level, the type level should reach the advanced level; Engaged in inter-county and intra-county chartered cars, the technical level should reach three or above, and the type level should reach intermediate or above.
Seventeenth express delivery enterprises that have obtained the business qualification of road freight transport can use buses to engage in express transport in accordance with the regulations, and use the road freight transport documents issued by the road transport management institution.
Article 18 Road transport operators of dangerous goods shall regularly entrust intermediaries with corresponding qualifications to conduct safety evaluation, equip special personnel to be responsible for dynamic monitoring and safety management of transport vehicles, and fill in monitoring data and relevant information such as transport vehicles and employees in accordance with regulations.
Road dangerous goods transport operators and their dangerous goods transport vehicles shall transport dangerous goods in accordance with the approved categories and types.
Road transport operators of dangerous goods shall have fixed parking lots, and shall not park dangerous goods transport vehicles in crowded places, residential areas (new villages) or other places that may threaten public safety.
Those who engage in non-commercial road transport of dangerous goods shall abide by the relevant provisions on commercial road transport of dangerous goods.
Chapter IV Auxiliary Transportation Industry
Nineteenth transportation departments shall, according to the road transport development plan, prepare the passenger and freight transport station (field) planning. The setting of passenger and freight transport station (field) shall conform to the planning of passenger and freight transport station (field).
New construction, reconstruction and expansion of rural roads should be unified planning, synchronous design of rural passenger stations (kiosks) and other facilities.
City, county-level city transportation, public security and other departments should set up an appropriate number of bus stops in urban areas.
Article 20 The operators of Class I and Class II passenger stations shall install and use video monitoring equipment in the square in front of the station, the ticket office, the waiting room and other places in accordance with the regulations, and access the monitoring system established by the road transport management institution.
Passenger vehicles that need parking operation shall obtain the parking permit issued by the road transport management institution and obey the unified dispatching and management of the passenger station.
Twenty-first freight station (field) operators engaged in freight trading market shall have a legally closed hardened parking lot of not less than 1 10,000 square meters and a warehouse of more than 5,000 square meters.
Operators of freight stations (yards) engaged in warehousing and tally business shall have a legal warehouse of not less than 2,000 square meters or a site of 5,000 square meters. However, those who enter the freight trading market can check the area of their business premises according to the conditions of market facilities.
Article 22 To engage in freight forwarding and stowage business, the following conditions shall be met:
(1) Having a fixed business place suitable for its business scale and functions.
1. In the freight forwarding business, the area of business premises shall not be less than 50 square meters. However, if it enters the freight trading market, its business area can be verified according to the conditions of market facilities;
2. Engaged in freight stowage business, the business area shall not be less than 50 square meters, and the storage area shall not be less than 100 square meters. However, if it enters the freight trading market, its business area and storage area can be approved according to the conditions of market facilities.
(2) Having loading and unloading, information and other facilities and equipment suitable for its business scale.
(3) Having professionals and managers suitable for their business.
(4) Having liquidity commensurate with its business scale.
(5) Having sound business operation rules and management systems.
Twenty-third motor vehicle maintenance operators should be equipped with maintenance technicians, quality inspectors, price settlement personnel, machine maintenance, electrical appliances, sheet metal, painting and other maintenance technicians that are suitable for their business scope and business projects.
Motor vehicle maintenance operators shall implement the quality standards of motor vehicle maintenance services, and publicize business processes, charging standards, service commitments, prices of commonly used parts, working hours quotas and other contents in a prominent position in the business premises.
Motor vehicle maintenance personnel cannot provide relevant certificates issued by the road transport management institution, and motor vehicle maintenance operators shall not spray or modify the signs and equipment of passenger taxis, freight taxis and coaches for vehicles.
Twenty-fourth encourage motor vehicle maintenance operators to implement specialization and chain operation, and promote the rational division of labor and coordinated development of motor vehicle maintenance industry.
Engaged in the direct chain operation of motor vehicle maintenance, its headquarters and outlets can enjoy the large-scale maintenance facilities and equipment designated by the technical person in charge and the urban or county-level city road transport management institution.
Twenty-fifth engaged in motor vehicle comprehensive performance testing business, it shall apply to the municipal road transport management institution, and submit relevant materials that meet the following requirements:
(1) Having testing sites, facilities, equipment and computer-controlled testing systems that meet the requirements of the state;
(two) there are necessary technical management personnel and testing personnel who have passed the training and examination;
(3) Having a sound management system for comprehensive performance testing of motor vehicles;
(4) The testing equipment has passed the metrological verification.
Motor vehicle comprehensive performance testing operators shall pass metrological certification in accordance with state regulations.
Twenty-sixth engaged in motor vehicle driver training business, it should be obtained in accordance with the law of road transport business license and road transport coach certificate.
Motor vehicle driver training operators shall operate in the registered place approved by the road transport management institution, and carry out teaching activities in the approved teaching place.
Twenty-seventh coaches should hold a coach's card, use the coach car and on-board electronic teaching equipment in accordance with the regulations, and complete the prescribed training content and hours.
Coaches are not allowed to teach after drinking or let students drive coach cars alone, and they are not allowed to ask for or accept students' property or seek other benefits from students.
Students shall abide by the motor vehicle driver training management system, have the right to choose coaches, and negotiate training time with motor vehicle driver training operators.
Twenty-eighth engaged in car rental business, should apply to the road transport management institution for administrative licensing procedures, rental vehicles should use the road transport documents issued by the road transport management institution, and meet the following conditions:
(1) Having the qualification of an enterprise legal person;
(2) Having more than 20 buses each with no more than 12 seats;
(three) the technical level of the vehicle has reached three or more, and it has a complete and effective vehicle driving license;
(4) Having a business place and a parking lot suitable for its business scale;
(5) Having sound business operation rules, safety management systems and emergency plans.
Twenty-ninth car rental operators should sign a lease contract with the lessee, deliver the vehicle to the lessee for use within the agreed time, collect the rental fee, and do not provide driving services. However, if you rent a car or provide car rental services for enterprises and institutions for more than one year, you can provide driving services, and the driver should obtain the qualification of passenger transport.
Chapter V Supervision and Inspection
Thirtieth road transport management personnel to carry out supervision and inspection, there should be more than two people to participate in, with law enforcement certificates, in accordance with the provisions of dress, civilized law enforcement. Do not block the road during road inspection.
Special vehicles for road transport supervision and inspection shall be provided with uniform and easily identifiable road transport inspection signs and warning lights in accordance with regulations.
Thirty-first in violation of road transport management laws and regulations and the provisions of this Ordinance, the road transport management institution may temporarily detain the road transport license and qualification certificate.
Without obtaining the road transport business license, engaging in passenger and freight transport or auxiliary business activities beyond the business license, passenger and freight transport vehicles, coaches and rental vehicles without road transport documents or engaging in business activities beyond the vehicle business scope, the road transport management institution may temporarily detain the vehicles.
Where the road transport management institution implements the withholding measures before making the decision on administrative punishment, it shall immediately lift the withholding measures after the parties have fulfilled the decision on punishment.
Thirty-second road transport management institutions shall conduct annual inspection of the operating conditions and vehicles of passenger and freight transport operators. If the inspection fails, the road transport management institution shall order it to make rectification within a time limit, and shall not engage in relevant business activities during the rectification period. If the rectification fails or fails to participate in the annual inspection for more than one year, the original issuing authority shall cancel its corresponding road transport business license and road transport certificate.
Operators of passenger and freight transport and transport auxiliary industries have not operated for more than six months without justifiable reasons, or the opening conditions promised when applying for opening have not been fulfilled at the expiration of the promised period, and the road transport management institution shall cancel the corresponding road transport business license and road transport permit.
Thirty-third quality supervision, industry and commerce departments should supervise and inspect the quality of motor vehicle parts produced and sold, and investigate and deal with the production and sale of fake and shoddy parts according to law. If the road transport management institution finds that there are acts of selling fake and inferior parts in the supervision and inspection, it shall be transferred to the industrial and commercial department for handling according to law.
Industry and commerce, public security, municipal administration (urban management), tourism and other departments should strengthen the supervision and inspection of illegal groups carrying passengers, soliciting passengers and driving and parking vehicles in violation of regulations in passenger transport business activities. If the road transport management institution finds any of the aforementioned acts in the supervision and inspection, it shall be transferred to the relevant departments for legal treatment.
Chapter VI Legal Liability
Thirty-fourth in violation of the provisions of this Ordinance, passenger and freight transport and auxiliary transport operators in any of the following circumstances, the road transport management institution shall order it to make corrections and impose a fine from 200 yuan to 500 yuan:
(a) passenger vehicles, dangerous goods transport vehicles, freight taxis and long-distance buses fail to install or use monitoring facilities and equipment in accordance with the provisions;
(two) passenger vehicles, freight taxis, coaches are not marked in accordance with the provisions, or sprayed, posted or set up signs and signs that do not meet the requirements inside and outside the carriage;
(three) the passenger vehicle fails to hang the operation sign in accordance with the provisions;
(four) dangerous goods transport vehicles are not set up or hung with signs or number plates in accordance with the regulations.
Article 35 If, in violation of the provisions of this Ordinance, a passenger transport operator engages in chartered passenger transport activities, the origin and destination are not in the vehicle registration place, or the one-way chartered return passenger transport has not been put on record, the road transport management institution shall order it to make corrections and impose a fine of not less than 1,000 yuan but not more than 3,000 yuan.
Article 36 If, in violation of the provisions of these Regulations, road transport practitioners fail to pass the scoring examination during the examination period, the road transport management institution may, according to the seriousness of the case, temporarily suspend or revoke the qualification certificate according to law.
Passenger and freight transport practitioners, coaches and drivers who provide services for leased vehicles do not carry their qualification certificates, and the road transport management institution shall order them to make corrections and impose a fine of more than 20 yuan and less than 200 yuan.
Thirty-seventh in violation of the provisions of this Ordinance, one of the following circumstances, the road transport management institution shall be ordered to stop business; Illegal income, confiscate the illegal income, and impose a fine of more than two times and less than ten times the illegal income; If there is no illegal income or the illegal income is less than 1 10,000 yuan, a fine ranging from 20,000 yuan to 50,000 yuan shall be imposed:
(1) Failing to obtain a road transport business license or engaging in the operation of transport auxiliary industries beyond the scope of the license;
(two) the passenger line operator changes the frequency, origin or destination, and fails to re-apply for administrative licensing procedures;
(three) the road transport operators of dangerous goods transport dangerous goods beyond the approved categories and types.
Thirty-eighth in violation of the provisions of this Ordinance, one of the following circumstances, the road transport management institution shall order it to make corrections, and impose a fine of more than one thousand yuan and five thousand yuan:
(a) motor vehicle maintenance operators fail to employ maintenance technicians with corresponding qualification certificates in accordance with the provisions;
(2) Motor vehicle maintenance operators spray or modify the signs and vehicle equipment of passenger taxis, freight taxis and coaches without authorization;
(three) motor vehicle driving training operators, car rental operators did not carry out vehicle maintenance and testing in accordance with the provisions;
(four) road transport operators of dangerous goods meet the permitted categories and types of dangerous goods transport, but use vehicles without corresponding road transport certificates to transport dangerous goods.
In violation of the provisions of this Ordinance, motor vehicle driver training operators and car rental operators use vehicles without road transport permits to engage in business activities, and the road transport management institution shall order them to make corrections and impose a fine of not less than 1,000 yuan but not more than 5,000 yuan per vehicle.
Thirty-ninth in violation of the provisions of this Ordinance, motor vehicle driver training operators in any of the following circumstances, the road transport management institution shall order it to make corrections, and impose a fine of more than one thousand yuan to five thousand yuan; If the circumstances are serious, the road transport management institution shall order it to make rectification within a time limit. If it is still unqualified after rectification, its motor vehicle driver training license shall be revoked by the original licensing authority:
(a) failing to carry out teaching activities in the approved teaching place;
(two) the coach did not use the coach car and vehicle-mounted electronic teaching equipment in accordance with the regulations, or did not complete the prescribed training content and class hours;
(three) no coach card personnel engaged in teaching activities.
Coaches who violate the provisions of the second paragraph of Article 27 of these regulations shall be ordered by the road transport management institution to make corrections, and their coaches' certificates shall be temporarily withheld for three to twelve months, and a fine of not less than 1,000 yuan but not more than 3,000 yuan shall be imposed.
Article 40 When the road transport management institution conducts supervision and inspection on the operators of passenger and freight transport and auxiliary transport, if it finds that the operators are still engaged in business activities that do not meet the opening conditions, it shall order them to make rectification within a time limit; Failing to make rectification within the time limit or failing to meet the operating conditions after rectification, a fine of more than 2,000 yuan 1 10,000 yuan may be imposed, and the road transport business license and road transport permit may be revoked.
Article 41 If a car rental operator illegally transfers or rents a road transport business license or a road transport certificate in violation of the provisions of these Regulations, the road transport management institution at or above the county level shall order it to stop the illegal act, collect the relevant documents and impose a fine of more than 2,000 yuan and less than 10,000 yuan; If there are illegal gains, the illegal gains shall be confiscated.
Article 42 If, in violation of the provisions of these regulations, the vehicles of passenger and freight transport operators fail to participate in the annual inspection for less than one year, the road transport management institution shall order them to make corrections and impose a fine of not less than 100 yuan but not more than 1,000 yuan.
Article 43 If the road transport management institution temporarily detains the vehicle according to law, and the party concerned refuses to accept the treatment within 30 days, and refuses to accept the treatment within three months after being informed by the road transport management institution, the road transport management institution shall send it to the auction institution for auction. After deducting the auction fee and storage fee from the proceeds, the remaining part shall be returned to the parties, and the insufficient part shall be recovered.
Article 44 Staff members of transportation departments and road transport management institutions who neglect their duties, abuse their powers or engage in malpractices for selfish ends shall be given administrative sanctions according to law.
Chapter VII Supplementary Provisions
Article 45 These Regulations shall come into force as of 20111. 1999 Suzhou Municipal People's Government formulated on February 30th and revised on September 8th, 2002 and 1995 Suzhou Municipal People's Government formulated on March 20th and revised on April 25th, 2002.