Administrative Regulations of Shenzhen Special
Economic Zone on Taxicars
|
(Originally adopted
at the Twenty-seventh Meeting of the Standing Committee of the
First Shenzhen Municipal People' s
Congress on December 26, 1994.
Revised for the first time at the Twenty-eighth Meeting of the
Standing Committee of the
Second Shenzhen Municipal People' s
Congress on December 4, 1998. Revised for the second time
at the Second Meeting of the Standing Committee of the Third
Shenzhen Municipal People' s
Congress on October 24, 2000.
Revised for the third time at the Eighteenth Meeting of the
Standing Committee of the Third Shenzhen Municipal People'
s
Congress on October 25, 2002. Revised for the forth time
at the Thirty-second Meeting of the Standing Committee of the
Third Shenzhen Municipal People'
s Congress on June 25, 2004.
) |
|
Chapter
¢ñ
General Provisions |
|
Article 1
In order to strengthen
the operation management of taxicars in Shenzhen Special
Economic Zone (hereinafter referred to as
"Special Zone" ),
promote the healthy development of the taxicar trade, and
safeguard the lawful rights and interests
of passengers,
operators and drivers, these regulations are formulated in
accordance with the actual circumstances of
Special Zone. |
Article 2
These regulations shall be applicable to the operation, lease
and management of taxies in Special Zone.
|
Article 3
"Taxicar" in these regulations refers to the car that has
acquired the Operation License according to these regulations,
is provided for one driver and no more than four passengers to
take, and shall be paid the hire charge by the passengers
according to relevant provisions. |
Taxicars include
distance-charging taxicars, time-charging taxicars and taxicars
of the hotel for its own use. Taxicars
follow the principle of
"Five Unifications" , namely unifications of color, toplight,
taximeter, document and contract. |
Article 4
The development of the taxicar industry shall be brought into
the general programming of city development in Special
Zone. The
Shenzhen Municipal People' s Government (hereinafter referred to
as "municipal government" ) shall implement
macro regulation and
control to the amount of taxicars, increase the rate of local
taxicar drivers gradually, and lead
as well as push the scale
operation of the taxicar trade according to the need of
development of the urban public transport
cause. |
Article 5
The municipal administrative department of transport
(hereinafter referred to as "municipal transport department" )
shall administer according to law, be honest, work hard, conduct
fairly and maintain the natural operation order. |
The operators and
drivers of taxicars shall operate safely, provide service with
civility, collect fees reasonably, compete
fairly and accept the
supervision of the municipal transport department and the public
consciously. |
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Chapter
¢ò
Competent Department and Trade Association
|
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Article 6
The municipal transport department is the competent
administrative department for taxicar trade in Special Zone, and
exercises the following functions and powers: |
(1) enacting the
development programming of the taxicar trade in Special Zone; |
(2) drafting the
plan for issuing the Operation License and organizing to
implement it after reporting it to the municipal
government and
obtaining the approval; |
(3) checking and
issuing the operation permit and license of the taxicar and
driver; |
(4) drafting the
standard of the taxicar' hire charge and its adjustment plan
together with the municipal administrative
department for price,
and proclaiming and implementing them after reporting them to
the municipal government and
obtaining the approval; |
(5) enacting the
standards of the taxicar' operation conditions and examining the
taxicar according to these standards; |
(6) confirming the
waiting station for taxicar together with the municipal
administrative department for public security
and traffic
control; |
(7) examining the
conditions how operators of the taxicar, drivers, passengers and
professional inspection institutions
implement these
regulations; |
(8) accepting the
complaints about the behaviors that violate these regulations,
as well as investigating and settling
them; |
(9) directing and
supervising the work of trade association of taxicars. |
Article 7
The administrative department for public security and traffic
control and other relevant governmental departments shall
exercise the administrative functions to relevant matters of the
taxi trade according to law within the scope of their
respective
functions and powers. |
Article 8
The municipal trade association of taxicars is the
non-governmental social organization of the taxicar trade in
this city, and performs the following duties according to law: |
(1) enacting the
professional code of the trade and supervising its members to
observe it; |
(2) providing
services relevant to the business of the trade for members of
the association according to the constitution
of the
association; |
(3) educating,
supervising and urging the operators and the employees to pay
taxes according to relevant provisions; |
(4) assisting the
competent department to draft the development plan of the
taxicar trade; |
(5) reporting the
opinions and requirements of members of the association to
relevant departments of the government; |
(6) assisting
relevant administrative departments to deal with illegal cases
of its members; |
(7) completing
other work that the competent department entrusts. |
Article 9
The municipal transport department shall call a contact meeting
of the representatives of the trade association every
season to
circulate notices of relevant policies of the government and
heed the opinions and suggestions of the representatives
of the
trade association relevant to the government. |
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Chapter
¢ó
Operating License and Its Holder |
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Article 10
Only after the taxicar has acquired the Operating License, can
it be used for hiring business. No car without the Operating
License may be used for hiring business. |
The Operating
License exercises the system of "one license for one car" , and
each Operating License shall accord with
the number of taxicar
plate that it records. The Operating License has the original
and the duplicate. The original is
held by the operator of the
taxicar, and the duplicate is reserved by the municipal
transport department for check. |
"Operating License"
referred to in these regulations means the certificate of
operating qualification that the municipal
transport department
issues to allow undertaking the taxicar business. |
Article 11
The
issuance of the Operation License follows the principle of
compensated use and public auction.
|
The time limit of
the Operation License that is issued before December 1, 2000 is
50 years. The time limit of the Operation
License that is issued
after December 1,2000 is stipulated by the municipal government. |
The time limit of
the Operation License that is acquired before the enforcement of
these regulation is calculated from
May 1,1995. |
The measures of the
auction of the Operation License shall be otherwise stipulated
by the municipal government. |
Article 12
The municipal transport department shall publicize the max quota
of the Operation Licenses that are planned to issue
and auction
every other year, and publicize the number of the auctioned
Operation Licenses of such time 60 days before
the date of every
concrete auction. |
Article 13
The bid winner of the Operation License shall pay up the money
of the Operation License within 30 days from winning the
Operation License and go through the formalities of
registration. |
After having paid
up the money of the Operation License and gone through the
formalities of registration according to
the preceding
paragraph, the bid winner becomes the holder of the Operation
License and the owner of the taxicar that
the Operation License
collocates. |
Article 14
The party planning to operate the business of taxicar shall have
the following conditions: |
(1) being the
enterprise for transport that has registered at the municipal
administrative department for industry and
commerce; |
(2) the registered
capital being over 10,000,000 yuan; |
(3) the operation
and management as well as the qualities of the personnel
according with the standards and requirements
made and
publicized by the municipal transport department according to
these regulations; |
(4) having enough
fixed parking lots and spaces; |
The holder of the
Operation License may transfer the operation right of the
Operation License to the operator according
with conditions of
the preceding paragraph to operate by the means of entrustment,
contract, lease, etc. The mandatary,
contractor or leasee shall
not retransfer the operation right of the Operation License to
others except contract or lease
it to the drivers of the
taxicar. |
The driver of the
taxicar shall not contract or lease more than two taxicars and
shall not retransfer or release the taxicar. |
Article 15
The operator shall go to the administrative department for
public security and traffic control to go through the
registration formalities of cars with the following materials
within 90 days from winning the Operation License: |
(1) the documents
that the municipal transport department approves it to operate
the business of taxicars; |
(2) the Business
License of Enterprise; |
(3) the certificate
for winning the bidding and the certificate for paying up the
money of the Operation License that
the municipal transport
department has issued; |
(4) the materials
about the cars. |
Article 16
The operator shall handle the Certificate of Road Transport
after going through the registration formalities of cars.
The
municipal transport department shall finish handling the
Certificate of Road Transport within 15 days. |
The operator shall
put the cars into operation within 30 days from finishing the
preceding formalities. |
Article 17
After the taxicar collocated with the Operation License has been
operated for 2 full years, the holder of the Operation
License
may transfer the Operation License. The concrete measures of
transference shall be otherwise stipulated by the
municipal
government. |
|
Chapter
¢ô
Taxicars and Drivers |
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Article 18
The municipal transport department may determine the color of
taxicars and the region where taxicars with different colors
are
restricted to run according to the necessity. |
Article 19
The taxicar that is put into operation after these regulations
are enforced shall be a new car whose volume of exited
gas is
over 1,500 milliliters. |
It is prohibited
that the minicar and motorcycle undertake the hiring business. |
Article 20
The owner of the taxicar must install the effective taximeter,
toplight, radio communication apparatus and marker light
for
empty car under the supervision of the municipal transport
department or its appointed agencies. |
The owner of the
taxicar shall print the owner' s name, post or hang the Driving
Permit of Taxicar (hereinafter referred
to as the Driving
Permit), price list, vehicle number plate of this car and the
telephone number of complaint of the
municipal transport
department at the stipulated place of the taxicar. |
Article 21
The taxicar must accord with the standard of the taxicar' s
operation conditions enacted by the municipal transport
department according to these regulations and be kept clean,
tidy and sanitary inside and outside. |
During the
operation, the taxicar must go to the vehicle inspection
institution, which has the professional inspection
qualification
to the taxicar, to receive the inspection of the car' s
conditions every 6 months. The municipal transport
department
shall examine the operation conditions of the taxicar
unperiodically. If the operation conditions are inspected
or
examined to be unqualified, the taxicar shall not be put into
operation. |
Article 22
If the taxicar has reached the service life for renewal
stipulated by the State after being put into operation, the
owner must renew the car and shall not put the old one into
operation continuously. |
The administrative
department for public security and traffic control shall not
check and issue the Certificate of Annual
Examination to the
taxicar that must be renewed according to provision of the
preceding paragraph. |
Article 23
The drivers of taxicars shall satisfy the requirements
stipulated by the State. |
Article 24
If the operator employs the driver of taxicar, it shall observe
the provisions relevant to the employment of local residents
stipulated by laws, regulations and the municipal government,
and go through the formalities of labor power employment,
social
security and others according to relevant laws and regulations.
If the operator employs the person without registered
permanent
residence in Shenzhen Municipal, it shall handle the Certificate
for Temporary Residence for them according
to the provisions of
regulations of Special Zone. |
Article 25
The driver shall examine the car' s target of safety technique
and service equipments before or after the everyday running
to
determine weather the car accords with the stipulated standards. |
The driver, if
exercising the system of working in shifts, shall examine the
car' s target of safety technique and service
equipments
according to provisions of the preceding paragraph when he hands
over to or carries on the next shift. |
Article 26
If the taxicar has one of the following conditions, it shall not
be put into operation: |
(1) being inspected
to be unqualified through the routine inspection made by the
municipal administrative department for
public security and
traffic control and the municipal transport department; |
(2) being not able
to be run normally for mechanical failure or having other hidden
perils of the accidents; |
(3) the taximeter
and radio communication apparatus failing to work normally; |
(4) other
equipments inside the car being damaged or dirty, and not being
suitable to take; |
(5) the vehicle
number plate being illegible and difficult to be recognized. |
Article 27
The operating unit owning more than 50 taxicars shall have
full-time safety personnel. The operating units owning less
than
50 taxicars shall appoint the part-time personnel. |
|
Chapter
¢õ
Hiring Business |
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Article 28
When the taxicar is empty for hire, the driver shall indicate
the sign marked with the word of "empty car" and the
English
word of "FOR HIRE" . The passenger may give a sign of hiring at
the spot for passengers to getting on and off
the taxi and the
sector of road allowing getting on the taxi. |
Article 29
After the taxicar has taken the passenger, the driver shall
drive according to the route required by the passenger; If
the
passenger has no requirement, the driver shall choose the route
with the shortest distance to drive. If it is necessary
to make
a detour for certain reason, the driver shall truly explain the
conditions to the passenger. |
Article 30
After the passenger has hired the taxicar, the driver shall not
load other persons without the requirement of the passenger. |
Article 31
If the passenger hires the car from P.M 9 to A.M 6 of the next
day, the driver has a right to refuse to drive at the
route out
of the main and submain artery; If the passenger hires the car
to go out of Special Zone during the preceding
time period, the
driver has a right to require him to show the certification of
identity. |
Article 32
The rental of taxicars shall be determined by the government. |
Article 33
If the passenger hires the taxicar, he shall pay the hire charge
according to the provisions of these regulations, but
he has a
right to refuse to pay the hire charge overly collected. |
The charging items
of the taxicar include: |
(1) the starting
price (including the mileage price less than 3 kilometers); |
(2) the mileage
price (calculated according to kilometers); |
(3) the waiting
charge; |
(4) the service
charge at night (from P.M 11 to A.M.6 of the next day); |
(5) the charge for
big luggage (whose volume exceeding 0.2 m3and weight
exceeding 20 kilograms ). |
The hire charge of
Subparagraph (1), (2), (3), (4) of the preceding paragraph shall
be the amount that the taximeter of
the taxicar shows. |
The charges, which
the driver pays when the taxicar passes the installation or the
sector of road that collects charges
according to law, shall be
born by the passenger. |
Article 34
It is prohibited that the operators and drivers overly collect
the hire charge with any means. |
Article 35
The driver shall use the uniform invoice for passenger transport
stipulated by the municipal transport department when
he
collects the hire charge. |
|
Chapter
¢ö
Operating Management |
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Article 36
The municipal transport department shall, together with the
municipal administrative department for planning and the
municipal administrative department for public security and
traffic control, set up the special waiting station for taxicar
at the suitable places of the airport, bus station, wharf,
tourist scene, public place of entertainment, region of the
port
and the street at both sides of the main artery in the downtown
area. The three-star guesthouses or the guesthouses
with a
higher grade shall set up more than 2 free waiting stations for
taxicar. |
It is prohibited to
illegally collect fees from the drivers of taxicar or prevent
their normal operation by any kind of
name. It is prohibited
that others canvass passengers for the taxicar with the aim to
gain profits or disturb the operation
order and social order. |
Article 37
The municipal transport department shall set up the interim
parking point at the main and submain arteries, busy and
other
necessary sectors of road in the urban district. It is
prohibited to get on or off the taxicar at the non-parking
points of the sectors of road that set up the yellow-line label. |
Article 38
The operator of taxicars shall enact and perfect the management
system of safety, supervision on passenger service, rewards
and
penalties, etc, and strengthen the management on drivers and
taxicars. The managerial personnel of taxicars shall
be given
the on-the¨Cjob training to master the managerial knowledge and
enhance the managerial level. |
If the operator of
taxicars exercises the contracted management or operation under
lease, the contracted period or leasehold
shall not exceed the
service life for renewal of the operating cars stipulated by the
State. |
Article 39
The driver of the taxicar shall not refuse to load the
passenger, except under the following conditions: |
(1) the sottish
passenger or passenger with mental disease requiring to hire the
taxicar without any sane person accompanying
him; |
(2) the passenger
requiring to enter the sector of road only for non-motorized
vehicles; |
(3) the passenger
requiring to drive overloaded; |
(4) the passenger
carrying the dangerous articles that are inflammable, explosive,
poisonous, etc; |
(5) the passenger
being reluctant to pay the hire charge according to the
stipulated charging standard; |
(6) the passenger
requiring to hire the car at the sector of road where the
passenger is prohibited to get up the car; |
(7) the passenger
requiring the yellow taxicar to run out of Special Zone. |
Article 40
If the old, weak, sick, disabled, pregnant, young or other
special passengers hire the taxicar, the driver shall carry
them
first; If they need help to get on the car, the driver shall
offer help. |
Article 41
If there is one of the following conditions, the taxicar may
show the sign of "suspend loading" and suspend loading
the
passenger: |
(1) the driver
being on the way of being off duty; |
(2) the driver
being on the way of picking up the passengers on call; |
(3) the conditions
of the car being not well or the driver being discomfort, thus
making it unsuitable to load the passengers. |
Article 42
It is prohibited to undertake the activities of disturbing the
social public order or hindering taxicars' normal operation
by
using the taxicar. |
Article 43
During the operation of the taxicar, the driver and passenger
shall observe relevant provisions of the management on
the
city' s appearance and the environmental sanitation, and are
prohibited to smoke in the car or discard articles out
of the
car. |
Article 44
The taxicar from other places must observe the following
provisions: |
(1) the empty car
shall not enter Special Zone; |
(2) being
prohibited to undertake the loading business with the starting
point and destination being within Special Zone; |
(3) running at the
restricted traffic area and route stipulated by the municipal
government; |
(4) being
prohibited to load the return passenger out of the places and
stations stipulated by the municipal government; |
(5) if the empty
car runs back at the stipulated route within Special Zone, it
must show the sign of "suspend loading"
on the marker light of
the car and turn off the toplight. |
Article 45
When the competent department of the government deals with the
emergencies and disasters or the judicial department performs
the emergent official business, they may requisition the
taxicars according to law, and the operators and drivers shall
not refuse. |
If the competent
department and judicial department requisition the taxicars,
they shall pay the hire charge according
to relevant provisions.
If losses are caused, they shall give compensation according to
law. |
Article 46
For the behaviors that the drivers or operators breach these
regulations, the passengers have rights to complain to the
competent department of the government or the trade association
of the taxicars. |
Article 47
The municipal transport department shall set up special
organization to accept the passengers' complaints about the
drivers and operators. |
Article 48
The municipal transport department and the trade association of
the taxicars shall register the following contents after
receiving the complaints of the passengers: |
(1) the name,
vocation, telephone number or communication address of the
complainant; |
(2) the name of the
complained person (or the designation of the complained unit),
and the number of the taxicar' s plate; |
(3) the facts of
the complaints and the requirements. |
If the complainant
doesn' t provide the conditions of the first or third
subparagraph of the preceding paragraph truly,
the organization
that accepts the complaints may refuse to register. |
Article 49
After
accepting the passenger' complaints, the municipal transport
department shall deal with them according to the following
procedures:
|
(1) noticing
the facts of the complaints and the requirements of the
complainants to the complained
person in writing; |
(2) if the
complained person disagrees with the complaints, they shall give
defense opinions and provide relevant evidences
and materials to
the organizations issuing the notice within 7 days from receipt
of the notice. |
If the complained
person fails to give defense opinions within the time limit or
can' t prove their defense opinions,
the competent department
shall treat the complained person according to relevant
provisions. |
The complained
person may entrust the working staff of trade association,
lawyers or other citizens to deal with the matters
of defense. |
Article 50
When the officials of the municipal transport department and
other competent departments examine the taxicars, they shall
show the effective Inspection Certificate and explain the reason
and legal basis; If they detain relevant certificates
of the
taxicars and drivers, they shall issue the receipt to the
parties. The parties shall not refuse the competent
departments
to examine or detain the certificates according to law. |
When the officials
of the municipal transport department, municipal administrative
department for public security and
traffic control and other
competent departments violate the provisions of the preceding
paragraph to examine the operation
of the taxicars or detain
relevant certificates of the taxicars and drivers, the operators
and drivers have rights to
refuse. |
Article 51
The drivers' complaints about the operators and the drivers and
operators' complaints about the officials of the traffic
department shall be dealt with by the municipal transport
department and relevant competent departments according to
law. |
Article 52
If the driver of the taxicar has the behaviors of doing boldly
what is righteous, not pocketing the money they pick up,
and
finding pleasure in help others whose influence is great, or he
is elected "the best driver of the taxicar" of
the taxicar
trade, the relevant departments shall give commendations and
awards to them. |
|
Chapter
¢÷
Legal Responsibilities |
|
Article 53
If the parties violate the provisions of the management on the
Operation License of these regulations and having one
of the
following behaviors, the municipal transport department shall
impose punishments to them: |
(1) if the parties
forge the qualification certificate of the bidders or other
materials that must be provided according
to relevant provisions
when bidding, they shall be cancelled the qualification of
bidding; If they have already won the
Operation License, the
license shall be withdrawn; |
(2) if the parties
illegally transfer the Operation License or illegally lease or
contract them to others to operate,
they shall be confiscated
the illegal gains and their licenses shall be withdrawn; |
(3) if the
motorcycle illegally undertake the business of loading
passengers, the municipal transport department may detain
the
vehicle temporarily and impose a fine of 2,000 yuan; |
(4) if the car or
minicar without the Operation License of the taxicar or Permit
for Road Transport undertakes the business
of loading
passengers, the municipal transport department may detain the
vehicle temporarily and impose a fine of 30,000
yuan; |
(5) if the
non-taxicar is installed the vehicle number plate, toplight,
valuation-meter and other signs and apparatuses
to counterfeit
the taxicar arbitrarily, the municipal transport department may
detain the vehicles temporarily and impose
a fine of 100,000
yuan; If the parties have the behaviors of counterfeiting or
forging the vehicle number plate or other
behaviors of violating
the management on the vehicles as well as the road and traffic,
the detained vehicles shall be
removed to the administrative
department for public security and traffic control to be
handled. |
Article 54
If the parties violate the provisions of the management on
vehicles of these regulations, having one of the following
behaviors, the municipal transport department shall order them
to stop the operation and impose a fine of 800 yuan to
the owner
of the car: |
(1) failing to
install the operating apparatus inside the car; |
(2) failing to
accept the examination to the conditions of the car; |
(3) the operating
apparatus inside the car is damaged or dirty, thus the car is
not suitable to load passengers, but the
party still puts it
into operation; |
(4) the bodywork
being damaged or the appearance of the car being dirty. |
If the party fails
to print, post or hang the owner' name, Driving Permit, price
list, vehicle number plate and the telephone
number of complaint
of the municipal transport department at the stipulated place
inside or outside the car, he shall
be fined 200 yuan. |
If the car has been
beyond the service life for compulsory replacement but is still
put into operation, the municipal
transport department shall
confiscate it. |
Article 55
If the driver of the taxicar has one of the following behaviors,
the municipal transport department shall order them
to make
corrections and impose fines: |
(1) if he fail to
hang the vehicle number plate or the number plate is not
complete when the taxicar is in operation,
the municipal
transport department shall order them to make corrections and
impose a fine of 500 yuan; |
(2) if he doesn' t
use the uniform invoice for passengers, the municipal transport
department shall order them to make
corrections and impose a
fine of 500 yuan; |
(3) if the vehicle
number plate is stained and the handwriting is illegible, the
municipal transport department shall
order he to make
corrections and impose a fine of 200 yuan; |
(4) if he doesn' t
observe relevant provisions at the special-purpose waiting
station at the bus stations, wharfs, airports,
the areas of port
and both sides of the main arteries in the urban area,
disturbing the operation order, the municipal
transport
department shall impose a fine of 200 yuan and record the
peccancy for one time; |
(5) if he drives on
the road to operate, failing to carry the Permit for Road
Transport or the Driving Permit, the municipal
transport
department shall impose a fine of 200 yuan; |
(6) if he violates
the provisions of Article 45 of these regulations, the municipal
transport department shall impose
a fine of 50 yuan. |
Article 56
If the driver of the taxicar has one of the following behaviors,
the municipal transport department shall impose a fine: |
(1) if he refuses
to load the passengers, the municipal transport department shall
impose a fine of 1,000 yuan and record
the peccancy for one
time; |
(2) if he
improperly or illegally uses the sign of "suspend loading" , the
municipal transport department shall impose
a fine of 1,000 yuan
and record the peccancy for one time; |
(3) if he
intentionally makes a detour, the municipal transport department
shall order him to refund the hire charge,
impose a fine 50
times of the overcolleced hire charge and record the peccancy
for one time; |
(4) if he collects
the hire charge beyond the standard, the municipal transport
department shall order them to doubly
refund the overcollected
hire charge to the passengers, impose a fine 50 times of the
overcollected hire charge and record
the peccancy for one time; |
(5) if he purposely
makes difficulties and abuses the passengers, the municipal
transport department shall order them
to make a formal apology
to the passengers and record the peccancy for one time; |
(6) if he picks up
the passengers' lost articles but doesn' t return to the
passengers or doesn' t deliver to relevant
departments to handle,
the municipal transport department shall order him to return and
record the peccancy for one time; |
(7) if he loads
other persons without the requirements of the passengers after
the taxicar is hired, the municipal transport
department shall
order him to refund the hire charge and record the peccancy for
one time; |
(8) if he drives
the yellow taxicar out of Special Zone, the municipal transport
department shall order him to make corrections
and record the
peccancy for one time. |
Article 57
If the driver of the taxicar or the operator has one of the
following behaviors, the municipal transport department shall
impose a fine, confiscate the illegal gains, order him to stop
the operation or revoke the Driving Permit: |
(1) if the driver
undertakes the operation of taxicar without Driving Permit or
with the invalid Driving Permit, he shall
be ordered to stop the
operation, and be imposed a fine of 2,000 yuan; If the operator
has fault, it shall be fined 2,000
yuan; |
(2) if the driver
adjusts the taximeter privately or uses the invalid taximeter,
he shall be confiscated the illegal gains,
be ordered to
reinstall the standard taximeter and be fined 2,000 yuan; If the
operator has fault, it shall be fined
2,000 yuan; If the
circumstances are serious, the operator shall be ordered to stop
the operation; |
(3) if the driver
lends the Driving Permit to others for use or permits the person
who doesn' t acquire the Driving Permit
to drive the taxicar, he
shall be revoked the Driving Permit; |
(4) if the driver
forcibly casts off the passenger on the way, he shall be revoked
the Driving Permit; |
(5) if the driver
beats the passengers or steals the passenger' properties, he
shall be revoked the Driving Permit and
be removed to the public
security organization to be handled according to law; |
(6) if the driver
makes use of the taxicar to disturb the social order or hinders
the normal operating activities of the
taxicar, he shall be
revoked the Driving Permit; If the circumstances are serious, he
shall be removed to the judicial
department to be handled
according to law; |
(7) if the driver
escapes the examination of the administrative staff of transport
by illicit means or hinders the administrative
staff of
transport to normally perform the official business, he shall be
fined 2,000 yuan; If the circumstances are
serious, the operator
shall be ordered to stop the operation or the driver shall be
revoked the Driving Permit; |
(8) if the driver
forges the materials of the qualification certificate to obtain
the Driving Permit, he shall be revoked
the Driving Permit; |
(9) if the driver'
record on peccancy is more than 3 times within a year, he shall
be revoked the Driving Permit. |
The driver who is
revoked the Driving Permit according to these regulations shall
not undertake the driving business of
the taxicar within 3 years
form the date of punishment. |
Article 58
If the passenger of the taxicar has one of the following
behaviors, the municipal transport department shall give the
following punishments: |
(1) if he doesn' t
pay the hire charge according to the provisions, he shall be
ordered to pay it according to the provisions
and be fined one
time of the hire charge; |
(2) if he smokes in
the taxicar or throws articles outside the car, he shall fined
50 yuan; |
(3) if he purposely
damages the car or the apparatus inside the car, he shall be
ordered to compensate for the losses. |
Article 59
If the taxicar form other places has one of the following
behaviors, the municipal transport department shall impose
the
following punishments, and may temporarily detain the car: |
(1) if the driver
violates the provisions of the first or second subparagraph of
Article 45 of these regulations, he shall
be fined 5,000 yuan; |
(2) if the driver
violates the provisions of the third, forth or fifth
subparagraph of Article 45 of these regulations,
he shall be
fined 2,000 yuan. |
For the taxicar
from other places which violates the provisions of Article 45 of
these regulations, the municipal administrative
department for
public security and traffic control may impose punishments
according to the preceding paragraph. |
For the same
malfeasance which violates Article 45 of these regulations, the
municipal transport department and the municipal
administrative
department for public security and traffic control shall not
impose the punishment repeatedly. |
Article 60
If the operator or driver has one of the following conditions,
the municipal transport department has rights to detain
the car
on the spot and impose punishments to relevant parties according
to relevant provisions of these regulations: |
(1) the car failing
to accord with the materials recorded in the Driving Permit of
the car; |
(2) failing to
acquire the Driving Permit to drive the operating taxicar; |
(3) refusing the
competent department to examine or detain the Driving Permit
according to law; |
(4) the technical
conditions of the taxicar are not well and the car is obviously
not suitable for operation, but the
parties still put it into
operation; |
(5) the taxicar
that is informed to stop the operation by the municipal
transport department according to these regulations
is driven on
the road for operation arbitrarily. |
The keeping
expenses needed to detain the taxicar shall be born by the
operator. |
Article 61
If the operator, driver, passenger or others disturbs the social
order in the operation of the taxicar, violating the
Regulations
of the People' s Republic of China on Punishments in Public Order
and security Administration, the public
security organization
shall impose punishments according to law; If it constitute a
crime, the judicial department shall
prosecute the criminal
responsibilities. |
Article 62
If the operator of the taxicar neglects the management on
service quality, thus result in the highest rate of breaking
rules and effective complaints about the taxicars that belong to
it, the municipal transport department shall give warning
to it
and order it to make corrections within a time limit; If it
fails to make corrections within the time limit, it
shall be
ordered to stop business for rectification. |
If the operator of
the taxicar neglects the management on service quality, thus
result in the incident that the parties
make use of the taxicar
or take other measures to disturb the social order and hinder
the normal operation, the municipal
transport department shall
order it to rectify the mistake within a prescribed time limit;
If the circumstances are vile
and cause serious consequences, it
shall be ordered to stop business for rectification. |
Article 63
If the parties are not satisfied with the decisions of
administrative punishment, they may apply for administrative
reconsideration according to law; If they are not satisfied with
the decisions of reconsideration or the organization
for
administrative appeal doesn' t accept the applications or fails
to give replies beyond the period for administrative
reconsideration, the parties may file lawsuits to the people' s
court according to law. |
|
Chapter
¢ø
Supplementary Provisions |
|
Article 64
The municipal government may enact implementing rules according
to these regulations. |
Article 65
These regulations shall go into effect as of May 1, 1995. |