Laws of the Guangdong Province

Regulations of Shenzhen Special Economic Zone on the Administration of the Operation of Public Mini-medium Bus

(Adopted at the eighth meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on May 29,1996. As revised in accordance with the Decision on Revision of Regulations of Shenzhen Special Economic Zone on the Administration of the Operation of Public Mini-medium Bus of the thirty-second Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on June 25, 2004 for the second time)

Chapter ¢ñ General Provisions

Article 1 In order to strengthen the administration of the operation of public mini-medium bus in Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), establish the fine order of operation and safeguard the legal rights and interests of operator and passenger, these Regulations are formulated according to the actual circumstance of special zone.

Article 2 These Regulations shall be applicable to the planning of operational route, usage, operation and administration of the public mini-medium bus in special zone.

Article 3 The public mini-medium bus (hereinafter referred to the mini-medium bus) in these Regulations refers to the bus, which is used to carry passenger who pays the stipulated fare, running in the appointed route with more than 14 but less than 29 seats.

Article 4 The mini-medium bus belongs to the public means of transportation of city, which is a supplement to the large public bus and shall be developed coordinately with other public means of transportation. The general scale of the mini-medium bus shall be macroscopically controlled by the people' s government of Shenzhen Municipality (hereinafter referred to as the municipal government) according to the need of the development of urban public transit.

The operator of mini-medium bus shall enjoy the preferential policy concerning the urban public transit according to provisions.

Article 5 The operation of mini-medium bus shall exercise the system of fixed route, fixed motoracycle type, fixed station, fixed ticket price and fixed service time.

The operator shall operate in accordance with law and with civility, serve the passenger and conscientiously accept the supervision of the administrative organization and the mass.

Article 6 The administrative department of traffic of the municipal government is the competent department of the operation of mini-medium bus (hereinafter referred to as the municipal competent department), which shall perform the following functions and powers according to the provisions of these Regulations:

(1) drawing up the development plan of the industry of mini-medium bus, drawing up and adjusting the operational route and the construction plan of station, and organizing their implementation after they are approved by the municipal government;

(2) organizing an open tender for the right of operation over route;

(3) drawing up the operating price of mini-medium bus together with the municipal administrative department of price, and reporting it to the municipal government for approval and  implementation;

(4) supervising and examining operator, driver, conductor and passenger, observance of these Regulations;

(5) punishing relevant malfeasances according to these Regulations;

(6) supervising and directing the work of the trade association of mini-medium bus;

(7) other functions and powers stipulated in these Regulations.

Article 7 The municipal trade association of mini-medium bus is the non-governmental mass organization of the industry of mini-medium bus of the whole municipality, which shall perform the following functions and duties according to law:

(1) drawing up the professional code of industry and supervising its members to observe it;

(2) providing service relevant to the business of this industry according to the Constitution of association;

(3) assisting the municipal competent department to draw up the development plan of industry and the plan of route;

(4) reflecting opinion and request of the association' s member to relevant department of the municipal government;

(5) conducting other affairs entrusted by the municipal competent department.

Chapter ¢ò Plan of the Operational route and Construction of Station

Article 8 The operational route (hereinafter referred to as the route) refers to the fixed route, along which the mini-medium bus runs, determined according to these Regulations.

The plan of route shall accord with the city' s overall development plan and the development plan of the city' s public transit, be beneficial to dredging the passenger and wagon flow, be convenient to the mass and be arranged reasonably.

The municipal government shall organize the municipal competent department, the administrative department of transportation of the municipal public security organization, the municipal department of plan, the municipal department of land plan and other relevant departments to study and decide the plan, development and adjustment of route. The municipal competent department shall be in charge of organizing its implementation.

Article 9 Before making the plan of route, the municipal competent department shall make a general survey to the route and public the report of general survey which shall include the following contents:

(1) basic conditions of route;

(2) effect of the route to the city' s development;

(3) effect of the route to the city' s transportation;

(4) business situation of enterprise;

(5) adjustment plan of route.

Article 10 The administrative department of transportation of the municipal public security organization may make interim adjustment to individual route, in order to dredge transit, because of the large-scale activity or emergent event, but it shall give public notice to society and relevant departments in time. The original route shall be restored within 2 hours from the elimination of the reason for adjustment.

If it needs to adjust route temporarily for the municipal construction, the municipal competent department shall consult with the administrative department of transportation of the municipal public security organization to decide it.

Article 11 The plan for use of land of the route' s primary departure station, terminal and the parking lot of mini-medium bus shall be brought into the plan of route.

The construction and reconstruction of the infrustructure of the route' s primary departure station, terminal and parking lot of mini-medium bus shall be uniformly organized by the municipal competent department.

Article 12 The position and name of every station in route shall be studied and determined by the municipal competent department together with the administrative department of transportation of the municipal public security organization.

Construction of the infrustructure of nameboard, platform, station pavilion and other infrustructure shall be organized by the municipal competent department according to the requirement of standardization.

Chapter ¢ó Tender For the Use of Route and Compensated Usage

Article 13 The right of operation over route shall be exercised the system of open tender and compensated usage.

The right of operation over route, which has already been examined and approved for usage, shall be exercised the system of open tender gradually from the implementation of these Regulations.

The tender for the right of operation over route shall be organized by the municipal competent department.

Article 14 The tender of route shall observe the principle of openness, justice, competition and selecting the best qualified.

The enterprise, which has already legally undertaken the operation of mini-medium bus before the implementation of these Regulations, shall enjoy the right of priority under the same conditions, when it tenders for the current operational route.

Article 15 One route shall be operated by one enterprise.

If two or more enterprises have already been approved to jointly operate one route before the implementation of these Regulations, the municipal competent department shall organize an assessment to the vehicles and other assets, which are invested to the route by the enterprise, and determine one of them to operate through public appraisal.

Article 16 Any enterprise, which accords with the following conditions, may participate in the tender for the riout of operation of route:

(1) being an enterprise of passenger transportation by road as legal person registered in Shenzhen Municipality with the registered capital not less than 5,000,000 yuan;

(2) having the economic power and managerial level corresponding with the operation scale of the tendered route;

(3) having submitted a complete operation plan of route to the municipal competent department.

The enterprise shall also pay bail and tender fee for every route, which it tenders for according to provisions.

Article 17 The municipal competent department shall public the basis conditions of route, standard of the route' s charge for use, arrangement of station, amount of the approved operational vehicle, motorcycle type and so on three months before every tender.

Article 18 The municipal competent department shall set up the evaluation committee of tender for the right of operation over route, evaluate the following conditions of the tendering enterprise:

(1) the qualification of participating in tender;

(2) the scientificroutess and feasibility of the operation plan of route;

(3) the credit certification issued by bank;

(4) the operational situation of enterprise of the past three years.

Article 19 After the bid report made by the evaluation committee of tender for the right of operation over route is approved by the municipal competent department, the municipal competent department shall conclude the agreement on the usage of route with the unit winning tender and issue the Certification of Qualification of Operating Route, whose duration of validity is five years.

If the Sino-foreign equity joint venture of passenger transportation by road tenders for the right of operation over route of mini-medium bus, the total amount of the operational vehicle, which win tender, shall not exceed 30 percent of the total transport availability of the route of mini-medium of the whole municipality.

Article 20 The municipal competent department shall entrust the operating enterprise of mini-medium bus with fine business performance to operate the following route:

(1) the route, which no one tenders for or has no bid winner;

(2) the route, over which the enterprise having acquired the right of operation disclaims the right or is deprived of the right of operation during the operating period.

The entrusted operation period is five years.

Article 21 The municipal competent department shall refund the principal and interest of bail to the tendering enterprise, which doesn' t win the tender, within five days from deciding the tender and refund it to the tendering enterprise wins the tender within five days from concluding the agreement on the usage of route.

If the tendering enterprise has one of the following circumstances, the bail paid by it shall not be refunded:

(1) refusing to conclude the agreement on the usage of route within the period provided by the document of tender after winning tender;

(2) forging relevant certificate or commit other malfeasances with the aim of winning tender.

After the bid report is approved, if the municipal competent department refuses to conclude the agreement on the usage of route within the period provided by the document of tender, it shall return the bail in double value to the bid-winner.

Article 22 Enterprise shall undertake operation according to the requirement of the tender for route and the agreement on usage within 6 months from acquiring the Certification of Qualification of Operating Route.

The mini-medium bus, which doesn' t acquire the right of operation over route according to law, shall not be used in the operation of carrying passenger.

Article 23 If the enterprise, which acquires the right of operation over the route of mini-medium bus according to these Regulations, applies to go through the formality of the registration of new operational bus, the administrative department of transportation of the municipal public security organization shall process it within 15 days from accepting materials. The bus, which is examined to accord with the standard provided by the State, shall be issued the license tag; If the bus is examined to not accord with the standard provided by the State, the administrative department of transportation of the municipal public security organization shall notice the applying enterprise in time.

Article 24 The enterprise, which has acquired the right of operation over route, shall pay the use fees of route annually.

Article 25 The use fees of route shall be used in the following expenditure under the supervision of the municipal finance:

(1) the construction and maintenance of the infrastructure of the primary departure station and terminal;

(2) the construction and maintenance of the station' s pavilion, platform, nameplate and other relevant installations;

(3) the operational subsidy to the entrusted operational route;

(4) other fees needed for the development of mini-medium bus.

Chapter ¢ô Operation and Management of the Enterprise

Article 26 The enterprise, which has acquired the right of operation over route of mini-medium bus according to these Regulations, shall satisfy the following requirements when undertaking operation:

(1) collocating adequate vehicles according with the provided standard for operation and employing corresponding driver and conductor, according to the requirements of the tender for route and the stipulations of the agreement on usage;

(2) installing special administrative organization and setting up corresponding regulatory regime.

Article 27 When enterprise employs driver and conductor, it shall go through the formalities of recruit and use of labor, conclude the contract of labor and participate in social insurance according to law. If the enterprise employs the driver from other place, it shall conduct the formality of country administration by mandate.

Article 28 Enterprise may exercise the contractual operation. The enterprise, which exercises the contractual operation, shall conclude the agreement on contractual operation with driver according to law. The contract shall be the standard contract drafted by the municipal competent department according to these Regulations.

The standard contract shall include the following clauses:

(1) both parties of contract;

(2) vehicle and period of contractual operation;

(3) amount of money turned over for contractual operation;

(4) cash deposit for contractual operation;

(5) burden of legal fees;

(6) employment and management of conductor;

(7) basic wages of conductor;

(8) clause of guarantee;

(9) other rights and interests of both parties.

The content of the third, forth and fifth subparagraph of the preceding paragraph shall be stipulated by the municipal competent department.

Article 29 Enterprise shall neither subcontract route to other unit or individual to operate, nor accept the entrusted operation of other unit or individual' s vehicle.

The mini-medium bus, which is checked and ratified to be put into operation, shall not be used to undertake other business of chartered bus and so on, without the approval of the municipal competent department.

Article 30 Enterprise shall set up the accounting system for operation according to law. The revenue and expenditure of the operation of mini-medium bus shall be calculated separately.

Enterprise shall use not less than 40 percent of the after-tax profit of the operation of mini-medium bus to the renovation of mini-medium bus and the development of enterprise.

The operation of enterprise shall accept the supervision of the municipal competent department and the municipal trade union of mini-medium bus.

Article 31 The vehicle, which is put into the operation of route, shall be the motorcycle type uniformly provided by the municipal competent department.

Article 32 Enterprise shall set up the system of maintenance and upkeeping of mini-medium bus, examine and maintain bus periodically according to the industrial norm issued by relevant competent department of the State.

The municipal competent department shall periodically supervise and examine the enterprise' s implementation of the system of maintenance and upkeeping.

Enterprise shall periodically educate driver and conductor on safe driving, operation with civility and first-rage service, set up and perfect the corresponding checkup system of business.

Article 33 Any one, who undertakes the driving of mini or medium bus, shall satisfy the requirements stipulated by the State.

Article 34 The conductor employed by enterprise shall satisfy the following requirements:

(1) having good behavior and being sound in body;

(2) having acquired a degree of senior high school or above and being able to speak Putong Hua;

(3) having participated in the professional training to the conductor of mini-medium bus organized by the professional training institution, which is appointed by the municipal competent department, and being assessed qualified.

Chapter ¢õ Administration of the Operation of Route

Article 35 The color sign of mini-medium bus is classified into green and red. The bus with green sign is restricted to run within the special zone.

The operational bus shall have the obvious sign of route, price list, route chart, and telephone number of complaint. When it is not in operation, the operational bus shall indicate the sign of "suspending carrying passenger" at the obvious place.

Article 36 The mini-medium bus shall run in the provided route and stop at the provided station.

The operating enterprise shall arrange the first and last bus at the departing time of the first and last bus, which is provided by the municipal competent department. The municipal department shall consult with the operating enterprise to determine the departing time of other runs.

Article 37 The fare of mini-medium bus is classified into one-ticket fare and segmented fare. The passenger shall be levied a surcharge for night-service from 23 P.M to 6 A.M of the next day.

If the weight of the article carried on the passenger' s person is over 20 kilogram or its volume exceeds 0.2 cubic meters, the passenger shall pay the luggage fee.

The charging standard shall be enacted by the municipal competent department together with the municipal administrative department of price. The municipal competent department shall report the standard to the municipal government and publicize it for enforcement after it is approved.

Article 38 Driver shall observe the following provisions in operation:

(1) observing the management of the operating enterprise that he belongs to;

(2) driving along the provided routes and stop at the provided station;

(3) observing the traffic laws and regulations and ensuring the driving safety;

(4) keeping bus neat, facility safe and in good conditions;

(5) assisting conductor to maintain the order in bus and the passenger' s safety when they get up or get off bus;

(6) taking the Driving License, Vehicle' s Running Permit and Permit for Road Transport, and pasting the Permit at the remarkable place that doesn' t hinder the route of sight. The driver from other place shall also take the registration certificate of the driver from other place.

Article 39 Conductor shall perform the following powers and duties in operation:

(1)    treating passenger politely and serving them civilly;

(2) exactly report station with Putong Hua;

(3) collecting fare according to the provided standard;

(4) not overloading and maintaining the order in bus;

(5) keeping bus neat;

(6) explaining reason and returning the whole fare to passenger if bus can not arrive terminal for the vehicle' s break down or peccancy;

(7) properly storing the article, which the passenger loses in bus, and handing it over to the enterprise that he belongs to within24 hours;

(8) offering necessary help to the old, young, ill, disabled and pregnant passenger to take bus.

Conductor shall wear the credential of conductor, which is provided by the municipal competent department when it is on duty.

Article 40 Driver and conductor shall not have the following acts:

(1) inducing passenger coercively or employing others to induce passenger;

(2) waiting for passenger at station and hampering the order of operation;

(3) forging, transferring or scalping the certificate of operation or bus ticket;

(4) undertaking other transportation with the operational vehicle.

Article 41 Passenger shall observe the following provisions:

(1) waiting for bus at the provided station;

(2) paying fare according to the provided standard;

(3) assisting conductor to take care of the old, young, ill, disabled or pregnant passenger;

(4) not throwing article outside of bus;

(5) keeping the environmental sanitation in bus and forbidding smoking;

(6) not taking the inflammable, explosive, poisonous, caustic or other dangerous article and the article that hinder others from taking bus.

Article 42 When mini-medium bus runs into the special zone form outside, conductor shall organize passenger to uniformly accept the check in frontier.

Article 43If the public security case or other sudden emergency, which damages the safety of passengers' person or property, happens in mini-medium bus£¬driver and conductor shall take effective measures to prevent or decrease losses, and the passenger shall give assistance positively.

Article 44 If the mini-medium bus, which is put into operation, has reached the period of operation provided by the municipal competent department, it shall be withdrawn from operation.

Article 45 Mini-medium bus shall accept the annual examination of vehicle' s safety performance, which is conducted by the municipal competent department according to the provisions of the State.

Article 46 The mini-medium bus, which runs along municipal road, shall be exempted the road maintenance cost. The mini-medium bus, which runs along other road, shall be reduced or exempted the road maintenance cost according to relevant provisions of the State.

The vehicle, which is approved by the municipal competent department to stop operation, may be exempted relevant fees.

Article 47 The law enforcement personnel of the municipal competent department may examine the operating conditions of mini-medium bus in station.

When the municipal competent department examines mini-medium bus according to law, the law enforcement personnel shall produce effective inspection permit and explain reasons and legal basis; If the municipal competent department suspends vehicle' s operation or detains relevant certificate of driver or conductor, it shall go through relevant formality.

If the municipal competent department violates the provisions of the preceding paragraph when examining the operation of mini-medium bus, suspending vehicle' s operation or detaining relevant certificate of driver or conductor, the operator, driver or conductor has a right to refuse.

Chapter ¢ö Legal Responsibilities

Article 48 Any one, who violates the provisions of the second paragraph of Article 22 of these Regulations, using the mini-medium bus, which doesn' t acquire the right of operation over route according to law, to undertake the operation of carrying passenger, shall be confiscated the illegal gains, be suspended the operation of bus and be fined 10,000 yuan by the municipal competent department.

Article 49 If the enterprise, which acquires the right of operation over route, violates the provisions of Article 24 of these Regulations, failing to pay the use fees of route annually, the municipal competent department shall warn it and levy the late fee of one percent for every day; If the enterprise fails to pay it up within 3 months, it shall be fined one time of the due amount of money; If the enterprise fails to pay it up within 6 months, it shall be disqualified from operating the route.

Article 50 Any enterprise, which violates the provisions of the first paragraph of Article 29 of these Regulations, subcontracting route to other unit or individual to operate, shall be disqualified from operating route, be confiscated the illegal gains and be fined 10,000 yuan by the municipal competent department; Any enterprise, which accepts the vehicle of other unit or individual to undertake the entrusted operation, shall be confiscated the illegal gains and be fined 2,000 yuan for every accepted vehicle; If the circumstance is serious, it shall be disqualified from operating route.

Any enterprise, which violates the provisions of the second paragraph of Article 29 of these Regulations, using the mini-medium bus that is put into operation to undertake other business of chartered bus and so on without approval, shall be ordered to rectify, be confiscated the illegal gains and be fined 2,000 yuan for every vehicle by the municipal competent department.

Article 51 Any enterprise, which violates the provisions of these Regulations, having one of the following acts, the municipal competent department shall warn it and order it to rectify within a proscribed time limit; If the enterprise refuses to rectify within the prescribed time limit, it shall be disqualified from operating route:

(1) the vehicle, which is put into operation, not according with the stipulated type or color;

(2)     the vehicle, which is put into operation, not according with the stipulated operating condition;

(3) not using the standard contract in the contractual operation;

(4) the employed driver failing to conduct the Permit according to the provisions;

(5) the employed conductor not according with the stipulated conditions;

(6) not setting up the system of maintenance and upkeeping of vehicle or the system of training and checkup of driver and conductor, or failing to effectively implement it though the system is set up;

(7) not arranging the operation of vehicle at the provided time.

Article 52 Any enterprise, which violates the provisions of the first and second paragraph of Article 30 of these Regulations, failing to set up accounting system, or failing to account the revenue and expenditure of the operation of mini-medium bus separately, or failing to use not less than 40 percent of the after-tax profit to the renovation of bus and the development of enterprise, shall be ordered to rectify by the municipal competent department; If it refuses to rectify, it shall be disqualified from operating route.

Article 53 If driver violates the provisions of these Regulations, having one of the following acts, the municipal competent department shall warn him and order the enterprise, which the driver belongs to, to criticize and educate him; If the circumstance is serious, he shall be revoked the Permit:

(1) not run along the provided route;

(2) not stop at the provided station;

(3) relending the Permit to others to use;

(4) vituperating, insulting or beating passenger;

(5) injuring passenger for opening or closing door or misoperation;

(6) the appearance of the operational mini-medium bus, which is drove, is not neat;

(7) not taking effective measures when the public security case or other sudden emergency happens in bus, which results in serious damage to passenger' s person or property.

The driver who is revoked the Permit shall not conduct new Permit within 2 years from the date of decision.

Driver shall take civil responsibility if it is his fault that results in passenger' s injury.

Article 54 If conductor violates the provisions of these Regulations, having one of the following acts, the municipal competent department shall warn him, order the enterprise, which he belongs to, to criticize and educate him and give the following punishment:

(1) If he fails to accurately report station, which mislead passenger, he shall be fined 50 yuan;

(2) If it is not neat in bus or relevant facility in bus is defiled, which causes inconvenience to passenger, he shall be fined 50 yuan;

(3) If conductor fails to effectively control the number of passenger, which lead to overloading, he shall be fined 50 yuan for every overloaded passenger;

(4) If he fails to organize passenger to uniformly accept check according to these Regulations when bus runs into the special zone, he shall be fined 50 yuan; If it leads to passenger' s miss of bus or losses of luggage, he shall be fined 200 yuan and compensate the losses of luggage.

(5) If he collects fees exceeding the provided standard, he shall be fined 50 times of the overcharged amount of money every time;

(6) If he fails to effectively store the article, which passenger losses in bus, or hand it over according to the provisions, he shall be fined 500 yuan;

(7) If he fails to return the whole fare in case the bus cannot arrive terminal for vehicle' s break down or peccancy, he shall be fine 500 yuan;

(8) If he vituperate, insult or beat passenger, the municipal competent department shall order him to apologize and fine him 500 yuan, and order the enterprise, which he belongs to, to disqualify him as a conductor; If the circumstance is serious, he shall be dealt with by judicial organ according to law.

Article 55 If driver or conductor has one of the acts forbidden by the provisions of Article 40 of these Regulations, the municipal competent department shall fine the person liable 200 yuan; If the circumstance is serious, the municipal competent department shall revoke the Permit or order the enterprise, which the conductor belongs to, to disqualify him.

Article 56 Any passenger, who violates the provisions of the second paragraph of Article 41 of these Regulations, failing to pay fare according to the stipulated standard, shall be ordered to pay the due fare and be fined 10 times of the due fare by the municipal competent department.

Any passenger, who violates the provisions of the forth, fifth and sixth paragraph of Article 41 of these Regulations, throwing article outside of bus, destroying the environmental sanitation in bus, smoking in bus or hindering others from taking bus, shall be fined 200 yuan by the municipal competent department; If the circumstance is serious, he shall be dealt with by judicial organ according to law.

Article 57 Any enterprise, which has the acts of conniving at, sooling or forcing driver or conductor to violate these Regulations, or neglect education and management, shall be warned and ordered it to rectify within a prescribed time limit by the municipal competent department; If it refuses to rectify within the prescribed time limit, it shall be reduced the amount of operational vehicle, until be disqualified from operating route.

Article 58 Any public servant of the municipal competent department or other relevant department, who violates the provisions of these Regulations, abusing power or not positively performing legal functions and duties, which causes kickbace, shall be given the administrative sanction by the unit that he belong to; If the circumstance is serious and his act constitutes a crime, he shall be prosecuted for criminal responsibility.

Article 59 If a party is not satisfied with the punishment decision made by the municipal competent department according to these Regulations, he may apply for review to the organization of administrative review of the municipal people' s government within 15 days from receipt of the decision. If he is not satisfied with the review decision, he may file a lawsuit to the people' s court within 15 days from receipt of decision.

If the party refuses to perform the punishment decision and fails to apply fro review or file lawsuit to people' s court within the time limit, the department that makes the punishment decision shall coercively enforce it according to law or apply to the people' s court for coercive enforcement.

Chapter ¢÷ Supplementary Provisions

Article 60 The municipal government may enact Detail Rules according to these Regulations.