Laws of the Guangdong Province

Rules on Exclusive Management of Urban Buses of Shenzhen Economic Special Zone

The People' s Government of Shenzhen Municipality

    Rules on Exclusive Management of Urban Buses of Shenzhen Economic Special Zone, adopted at the 89th Executive Meeting of the Second People' s Government of Shenzhen Municipality on January 14, 1998, is hereby promulgated and shall go into effect upon the date of promulgation. The rules in the same title, adopted by the Decree No.4 of the People' s Government on December 31,1992 shall be abolished simultaneously.

    These Rules are amended according to the Decree No.135 of the People' s Government of Shenzhen Municipality on August 2,2004.

Chapter I  General Provisions

    Article 1 These rules are hereby formulated for the purposes of strengthening the exclusive management of urban buses of Shenzhen Economic Special Zone (hereinafter referred to as the Special Zone), establishing the favorable order of public traffic service and maintaining the legal rights and interests of the operators and passengers.

    Article 2 The management and service operation of the urban buses  in the Special Zone (hereinafter referred to as the buses)is exclusive. Any unit or individual without obtaining the exclusive right shall not engage in the management and service operation of the buses in the Special Zone.

    The exclusive right in these rules refers to the rights of engaging in management and service operation of the buses exclusively in the exclusive line by the enterprises which is authorized to manage exclusively by the People' s Government of Shenzhen Municipality (hereinafter referred to as the Municipal Government) or by the enterprises which have obtained the exclusive right of specific line (hereinafter referred jointly to as the exclusive enterprises).

    The enterprises obtaining the exclusive right of specific line in these rules refers to the enterprises obtaining the exclusive right of specific line by public biding according to these rules.  Before these rules go into effect, any Enterprise, who engages in the management and service operation of the buses in the specific line approved by the municipal Government, shall continue having the exclusive right of specific line according to these rules.

Article 3  The exclusive term of buses is five years every period.

The exclusive term may be prolonged according to the procedures in these rules when it is expired.

Article 4  The exclusive enterprises shall have all rights from exclusive right stipulated in these rules within the exclusive term.

Article 5  The exclusive enterprises shall supply traffic service in convenience, safety, on time and shortcut to the public.

The exclusive enterprises shall improve service level and service quality by adopting the advanced technology within the exclusive term.  

Article 6 The general planning of public traffic of Shenzhen Municipality (hereinafter referred to as the public traffic planning) shall be brought into the urban general planning of Shenzhen Municipality as the special planning. The facilities of the bus stations shall be carried out during urban construction according to the urban general planning and the public traffic planning.

Article 7  The Municipal Government shall license the exclusive right to the exclusive enterprises and decide to grant the exclusive right of specific line according to the public traffic planning and the actual needs of the public traffic in the Special Zone, and may decide to withdraw the exclusive license of the exclusive enterprises or the exclusive line right of the exclusive enterprises according to these rules.

The administrative department of traffic and transportation of the Municipal Government, as the administrative competent authority of the bus trade (hereinafter referred to as the competent authority), shall issue the Exclusive Line License in behalf of the Municipal Government, supervise and administrate the management and service operation of the exclusive bus operation.

The administrative departments including the municipal finance, planning, plan, price, public security, traffic, domicile and audit shall execute its duties and do the exclusive buses administration well together according to these rules.

Chapter II  Authorization and Withdrawal of Exclusive Right

Article 8  The exclusive enterprises within the Special Zone shall meet the following basal conditions:

to have the business legal personality for public traffic and passengers transportation registered in Shenzhen Municipality and with the minimum and more than the registered capital stipulated by the municipal competent department;

(2) to have operational condition, economic strength and management ability for engaging in buses management and service;

(3) to have the feasible blueprint of management and service.

The qualification of exclusive enterprise and the qualification of exclusive right of specific line shall be authorized by the municipal Government after being audited the above conditions by the municipal competent department.

Article 9  The bus line within the Special Zone shall be directly authorized to the exclusive enterprise as the exclusive line right by the municipal competent department in the form of license except those authorized as exclusive right for specific line by the Municipal Government.

The main particulars as follows shall be clearly stated in the Exclusive Line License:

(1) the authorization of the exclusive line right; 

the specific requirements of engaging in bus operation in the exclusive line such as the service index, the disposal measures in fastigium and the technical improvement;

the conditions and procedures of withdrawing the exclusive line right. 

Article 10  The exclusive right of relevant line shall be withdrawn by the municipal competent department subjected to the approval of the Municipal Government if the exclusive enterprise commits any of the following acts during the exclusive term£º

£¨1£© to contract the exclusive line to other unit or individual for management;

 (2)  to transfer the exclusive line right directly or in disguised form;

 (3) to fail to rectify the management and service of the exclusive line which falls short of the requirements of the License even after being given a warning twice in one year by the municipal competent department;

 (4) to fail to resume the normal management and control even after being rectified by punishing the person liable for management because of management disorder;

 (5) to refuse to be supervised and managed by the municipal competent department according to these rules.

Article 11 Where any enterprise falls in one of the preceding situations, the municipal competent department shall organize the relevant departments to investigate, propose the investigative report and disposing opinions, and then submit to the Municipal Government for deciding to withdraw its exclusive line right. The investigative report and disposing opinions given by the municipal competent department shall be sent to the enterprise engaging in this exclusive line for listening its defense before being submitted to the Municipal Government.

The enterprise engaging in this exclusive line may defend itself to the municipal competent department within fifteen days upon the date receiving the investigative report and the disposing opinions; if dissatisfying with the disposing opinions of the municipal competent department, it may submit the objection to the Municipal Government.

The enterprise which is withdrawn the exclusive line right shall continue maintaining the normal management and service of the line during the time limit stipulated by the Municipal Government.

Article 12  The line which is withdrawn the exclusive right or other new lines by public bidding under the approval of the Municipal Government shall be submitted to the Municipal Government for decision by the municipal competent department and shall be granted the exclusive line right through public bidding. The scope, executive conditions and specific procedures of public bidding shall be stipulated separately by the Municipal Government in the form of normative document.

Article 13 The exclusive enterprise may apply to the municipal competent department in written for prolonging the exclusive term in the last year of the expiration of exclusive right.

The application of prolonging exclusive term shall be submitted to the Municipal Government for approval after being deliberated by the municipal competent department and the relevant departments.

The extension of exclusive term shall not exceed five years every time.

Article 14  The exclusive enterprise has the right of using the bus stations and affiliated facilities as well as undertakes the obligation of maintenance during the exclusive term.

The maintenance fees of bus stations and affiliated facilities shall be paid out from the maintenance fees of urban construction while the deficit shall be paid out by the exclusive enterprise.

Article 15  The exclusive enterprise may enjoy the preferential tax breaks according to laws under the approval through legal procedures. The buses in exclusive line shall deduct and exempt from the pontage, transit fees and tunnel fees.

Article 16  The annual newly purchased operating vehicles by the exclusive enterprise within the exclusive term shall be financed specially by the Municipal Government in accordance with the public traffic planning and the requirements of the actual passenger amount.

The purchase of the operating vehicles financed by the Government shall be in the form of public bidding adopted by the municipal finance department, the municipal competent authority and the exclusive enterprise.

Article 17  The buses in exclusive line shall have the right to use the special bus lane and the bus-stations within the Special Zone.

Article 18  The advertisements may be published on the bus body in the exclusive line by laws.

Seventy percent of the net profit from the advertisements on the bus body managed by the exclusive enterprise shall be defined as the incomes of bus operation.

Article 19  The exclusive enterprises with the qualification of developing and operating real estate may engage in the development and operation of real estate according to laws.

Eighty percent of the incomes from developing and operating real estate by the exclusive enterprises shall be deposited in private account for special usage in purchasing new operating vehicles and in constructing the basic establishments of buses under the supervision of the municipal finance department, the audit department and the municipal competent department.

Article 20  The losses permitted by policy of the exclusive enterprise shall be supported with three-year ration financial subsidy from the date of obtaining the exclusive right. The subsidy ration shall stand three years once it had been ascertained; to prolong or cancel the financial subsidy in expiration of three years, it shall be decided by the Municipal Government according to the actual situation.

The enterprises obtaining the exclusive right for specific line shall not have the right of financial subsidy stipulated in the preceding clause.

Article 21 The exclusive enterprises shall arrange to transfer its buses according to the requirements of the Municipal Government under the specific circumstances.

When the Municipal Government transfers the buses of the exclusive enterprises for the emergency of other enterprises, the other enterprises shall pay the exclusive enterprises.

Chapter III Management and Supervision of Exclusive Right

Article 22 A Supervisory Committee for Exclusive Buses, composed by the deputies from the municipal competent department, the planning department, the plan department, the finance department, the audit department, the public security and traffic management department, the price department, the domicile department, the relevant experts and personnel of the exclusive enterprise, the municipal labor model and the civilized citizens, shall be founded under the organization of the Municipal Government and strengthen the supervision and communication between the government, society and passengers as well as  mainly executes the following duties:

to deliberate the important issues such as authorization and withdrawal of the bus exclusive right, authorize the exclusive right for specific line by public bidding;

to deliberate and harmonize the important management issues involving many departments during execution of these rules;

to hear the interim evaluating report of exclusive right submitted by the municipal competent department;

 to organize to hear opinions of the exclusive line service from the exclusive enterprise and the society irregularly;

to supply consulting opinions to the municipal government for improving the service conditions and circumstance of urban buses.

Article 23 The municipal competent department shall organize general survey of bus passengers and lines regularly, and organize the departments such as the plan department, the planning department, the public security and traffic management department as well as the exclusive enterprises to enact the detailed plan on line setting, line adjustment, station facilities, station setting and the conveyance launch for next year on the forth quarter every year, which shall be promulgated to the society and executed at the end of the next March by the municipal competent department and shall be cooperated and executed by the relevant departments.

Article 24  If needs to newly add or adjust the exclusive line out of plan for the special circumstance, the relevant departments and units shall bring forward the blueprint in advance, and the municipal competent department shall make the approval and work out the especial decision of requiring the exclusive enterprise to temporarily add new line or temporarily adjust the appointed bus line. The valid time of the especial decision is from the decisive date to the date of promulgating the next-year plan of setting and adjusting the exclusive line to society.

If the exclusive enterprise needs to set and adjust the line out of the annual plan, it shall submit the application and blueprint in written to the municipal competent department. The municipal competent department shall decide whether to approve or not after negotiating with the relevant departments within one month from the date on receiving the application; if succeeding in approval, it shall be promulgated to the society and be organized to execute; if failing in approval, it shall be explained in written; if the municipal competent department fails to decide within the time limit, it shall be considered to be approved.

Article 25  The bus line, promulgated to the society under the approval of the municipal competent department, shall not be altered at will or be obstructed from operation by any unit or individual.

If the original line shall be altered or be intermitted temporarily because of road reconstruction or other reasons, the relevant unit shall inform the competent department and exclusive enterprise in advance, and negotiate to take effect measures to safeguard the needs of the passengers of the original line and to resume the normal operation of the line immediately.

Article 26  The exclusive enterprise shall keep the normal records of the following circumstance and put in the relevant records in the format and the time required by the municipal competent department:

(1)daily quantity of buses and passengers in every line;

(2)daily average times and mileages of buses in every line;

£¨3£©daily income in every line;

£¨4£©daily losses resulting from traffic accident, machine failure      as well as buses and personnel in short supply in every line; the maintenance circumstance of vehicles.

Article 27  The municipal competent department may examine the facilities of station, the facilities of vehicle maintenance, the condition of vehicle in operation of the exclusive enterprise and those related to its exclusive line right, and make sure the operating vehicle to overhaul, maintain and technical improvement in appointed items.

Article 28  The Municipal Government may decide to intermit the exclusive line right of the exclusive enterprise temporarily in emergency until the Municipal Government announces that the emergency is no longer existed. 

Chapter VI  Exclusive Operation and Service

Article 29  The exclusive enterprise shall supply the bus services in the exclusive line approved and announced by the municipal competent department according the Exclusive License.

The Exclusive enterprise shall enact the specific index of service, which is not less than the standard stipulated in the Exclusive License and announce to the society as a promise and be under the supervision of the society.

Article 30 The exclusive enterprise shall advocate the operational competition within the enterprise, enact the scientific and specific index on management and service quality, establish and improve the liability system of management and service post.

The municipal competent department shall enact the specific evaluative index on service condition of exclusive line in order to standardize evaluation and management on exclusive service.

Article 31  The exclusive enterprise shall submit the next-five-year scroll planning of management and service to the municipal competent department within six months from the date on obtaining the exclusive right. The municipal competent department shall acquire the opinions of the relevant departments such as the municipal plan department, the municipal planning department, the municipal finance department as well as make a decision for examination and enforcement within one month from the date receiving the scroll planning of operation and service and supervise the enforcement of scroll planning.

The five-year scroll planning of management and service shall include the main contents£¨as follows£©:

setting and adjustment of bus line, the developmental planning of stations, distribution of vehicles in the current lines, the estimate of the buses' types and quantity of new augment in need;

the service time of the buses, the forecast of driving interval;

the forecast of financial burden during the enforcement of the operational and service scroll planning;  

The forecast of the time and the scope of the carfare adjustment;

The forecast of the enterprise operation.

The exclusive enterprise shall submit the next five-year scroll  planning of management and service which begins in the next year before the end of September every year.

Article 32  The exclusive enterprise shall submit the enforcement circumstance and relevant financial report forms about management and development planning during last year to the municipal competent department before the end of the first quarter every year and accept the finance and the audit supervision of the relevant departments by laws.

Article 33 The carfare shall be rated by the government.

Chapter V  Planning and Construction of Stations

Article 34  The municipal planning department and the relevant units shall carry out the land use for bus stations according to public traffic planning of Shenzhen Municipality and the land use standard announced by the national construction department, and shall ensure the bus stations and lines to be distributed in reason.

Article 35  The first and terminal bus station, the hinge station, the park(hereinafter referred to as the bus stations together in these rules) and affiliated facilities shall be brought into the construction planning of new urban developed area, large uptown, industrial area, urban reconstruction and road reconstruction  and shall be planed, constructed, start using synchronously with the main project; it shall be invested by the Government while its property right shall belong to the Government.

Article 36  The construction planning and the design of the large uptown and the industrial area shall be equipped with the bus stations adapted to its scale; the evaluation of the blueprint shall acquire the opinions of the municipal competent department and the relevant departments.

Article 37  If needs to change the function of land usage or to reduce the using area of stations within the scope of land use for bus stations, it shall be under the audit and approval of the competent department and be submitted to the municipal planning department for examination and approval according to the legal procedure.

Article 38  The construction of bus stations and other affiliated facilities such as bus shelters, station signs and platform shall be organized in uniform by the municipal competent department in accordance with the standardization requirements.

Chapter VI  Legal Liability

Article 39  Any unit or individual, in violation of section 1 of article 2 of these rules, engaging in the bus management and service within the Special Zone without obtaining the exclusive right and without authorization, it shall be ordered to stop operation by the municipal competent department; if there are calculable illegal gains, the offender shall be imposed a fine of three times the illegal gains but not more than 30,000 yuan; if there are no illegal gains or the illegal gains are incapable of calculation, the offender shall be imposed a fine of not less than 10,000yuan but not more than 30,000 yuan.

Article 40 Any exclusive enterprise, in violation of article 5 of these rules, results in the important traffic accident or affects the service quality of exclusive buses because of operation and management failures, besides the persons directly responsible for accident shall be pursued legal liability according to law, the persons in charge of operation and management shall be pursued liability including dismissal by the unit with competent personnel power according to the submission of the municipal competent department.

Article 41 Any management and service in exclusive line fails to comply with the requirements of the License with any of the following circumstances in violation of the item (3) of article 10 of these rules, the exclusive enterprise shall be given a disciplinary warning by the municipal competent department, and the person directly in charge shall be given a punishment by the relevant units with competent personnel power according to the submission of the municipal competent department:

to change the service time and the routing stated in the License without authorization;

to reduce the conveyance in the exclusive line without authorization£¬to still fail to up to the minimum standard in the License about operating vehicles quantity, bus leaving interval and the disposing measures in fastigium exceed the time limit after being ordered to rectify within the time limit by the municipal competent department

 to fail to rectify exceeding the time limit after being ordered to maintain or alter within the time limit by the municipal competent department because the operating buses putting in the exclusive line fail to comply with the operational requirement;

to fail to maintain the bus stations and its affiliated facilities resulting in affecting the normal operation of exclusive line.

Article 42  Any exclusive enterprise, in violation of the section 2 of article 18 or the section 2 of article 19 of these rules, fails to list for pay and use the special fund according to regulations, it shall be punished by the municipal finance department according to relevant financial laws and regulations, and may be stopped the appropriation of ration financial subsidy given to the exclusive enterprise.

Article 43 Any exclusive enterprise, in violation of section 2 of article 24 of these rules, setting and adjusting the exclusive lines without authorization, it shall be ordered to stop operation and to rectify within the time limit by the municipal competent department; if failing to rectify exceeding the time limit, it shall be submitted to the municipal government for withdrawing the exclusive bus right of exclusive enterprise.

Any unit or individual, in violation of article 25 of these rules, altering or disturb the normal operation of the exclusive line without authorization, shall be ordered to recover the original state by the municipal competent department; if resulting in losses because of disturbing the operation, it shall bear liability for damages according to laws.

Article 44  Any exclusive enterprise, in violation of article 33 of these rules, adjusting and making sure of the bus carfare without authorization, shall be imposed a punishment by the municipal price department according to the relevant rules of the price management.

Chapter VII  Supplementary Provisions

Article 45  These rules shall go into effect as of their promulgation.