Procedures of Shanghai Municipality on the Administration of Motor Vehicle Maintenance, Repair and Testing

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Procedures of Shanghai Municipality on the Administration of Motor Vehicle Maintenance, Repair and Testing

Procedures of Shanghai Municipality on the Administration of Motor Vehicle Maintenance, Repair and Testing

(Promulgated on November 14, 1997 by Decree No. 51 of the Shanghai
     Municipal People' s Government)

     Chapter I General Provisions

     Article 1 (Purpose and Basis)
     The present Procedures are formulated in accordance with the Regulations of Shanghai Municipality on the Administration of Road Transportation for the purpose of strengthening the administration of motor vehicle maintenance, repair and performance testing in Shanghai Municipality, maintaining the market order thereof, protecting the legal rights and interests of both parties as well as other parties involved in the maintenance, repair and testing, and ensuring the operational safety of motor vehicles.
     Article 2 (Scope of Application)
     The present Procedures shall apply to the following activities pursued within the jurisdiction of Shanghai Municipality:
     1. Profit-making maintenance and repair of motor vehicles and non-profit-making maintenance and repair of motor vehicles above class 2; and
     2. Performance testing of motor vehicles.
     Article 3 (Administrative Departments)
     The Traffic Administration Office of the Shanghai Municipal People' s Government (hereinafter referred to as the Municipal Traffic Administration Office) is the administrative authority responsible for the administration of motor vehicle maintenance, repair and performance testing within Shanghai Municipality, and its subordinate the Shanghai Municipal Administrative Section for Motor Vehicle Maintenance and Repair (hereinafter referred to as the Municipal Maintenance Administrative Section) shall take charge of the administrative affairs concerning the maintenance, repair and performance testing activities.
     The competent traffic administrative departments in the Pudong New Area, Minhang District, Baoshan District, Jiading District, Jinshan District and all the counties (hereinafter referred to as the district/county traffic departments) are, in accordance with their stipulated functions, responsible for the administration of motor vehicle maintenance, repair and performance testing within their jurisdiction, and their subordinates, the administrative office for motor vehicle maintenance and repair (hereinafter referred to as the district/county maintenance administrative office) shall, in accordance with their stipulated functions, take charge of administrative affairs concerning the maintenance, repair and performance testing activities under the professional guidance of the Municipal Maintenance Administrative Section.
     Municipal administrative departments of public security, technical supervision, industry and commerce, taxation, price, labor, and environmental protection shall, in accordance with their respective functions, work in cooperation to do a good job in the administration of the maintenance, repair and performance testing of motor vehicles in Shanghai Municipality.
     Article 4 (Supervision and Inspection)
     Law enforcement officials of traffic administration can enter any units and worksites concerned for inspection. While performing their official duties, they shall be dressed in identifiable uniforms, wear unified symbols and produce unitarily printed law enforcement certificates.
     Units or individuals engaged in maintenance, repair and performance testing of motor vehicles shall voluntarily accept the inspection of law enforcement officials make truthful reports and provide relevant data.

     Chapter II Professional Qualification Administration

     Article 5 ( Business License System)
     Those who apply for the engagement in activities of motor vehicle maintenance, repair and performance testing must meet the requirements for starting business stipulated by the competent traffic administrative authorities of the State or Shanghai Municipality and obtain approval from the municipal or the district/county traffic administrative departments, the Municipal Maintenance Administrative Section or the district/county maintenance administrative office (hereinafter referred to as vehicle maintenance administrative departments) in accordance with their respective jurisdiction.
     Enterprises whose licenses for motor vehicle maintenance, repair and performance testing have been revoked shall not engage in such activities within the year following the revocation; private enterprisers whose licenses for motor vehicle maintenance, repair and performance testing have been revoked shall not engage in such activities within six months following the revocation.
     Article 6 (Materials for Application)
     Those who apply for license to engage in business activities of motor vehicle maintenance, repair and performance testing shall submit to the relevant vehicle maintenance administrative departments the following documents:
     1. Application;
     2. Valid certificate of worksite;
     3. A name list of business personnel and certificates of their technical skills;
     4. A detailed list of all items of equipment appropriate to business scope applied for and the relevant documents of examination of such equipment;
     5. Documents of credit standing; and
     6. Other materials to be submitted as stipulated by laws, regulations and rules.
     Those who apply for engagement in non-profit-making maintenance and repair of motor vehicles above class 2 and non- profit-making performance testing of motor vehicles shall submit materials listed in items (1), (2), (3), (4), and (6) of the preceding paragraph.
     Article 7 (Application and Approval)
     Those who are to engage in motor vehicle maintenance, repair and performance testing shall submit an application to the vehicle maintenance administrative departments.
     The vehicle maintenance administrative departments shall, within 30 days upon receiving all required application documents from the applicant, make a decision on the application and shall issue a license for motor vehicle maintenance, repair and performance testing to those who meet the requirements or a written decision of disapproval to those who do not meet the requirements.
     Article 8 (Application and Approval of Organizations or Individuals from Abroad)
     Organizations or individuals from abroad who are to engage in motor vehicle maintenance, repair and performance testing shall directly apply to the Municipal Traffic Administration Office and shall, after the examination and approval made by the Municipal Traffic Administration Office, go through other formalities of examination and approval in accordance with the relevant regulations of the State.
     Article 9 (Registration with Departments of Industry and Commerce and Tax)
     Units or individuals who have obtained the license for motor vehicle maintenance, repair and performance testing shall not start business until they have gone with the license to, and have completed the relevant formalities with the administrative departments of industry and commerce and tax of the district or county of their locality.
     Article 10 (Hanging Up of Business Scope Signboard)
     Those who are engaged in business activities of motor vehicle maintenance, repair and performance testing shall hang up in a conspicuous place at business site a signboard indicating the business scope of maintenance and testing.
     Article 11 (Alteration and Close-down)
     Those who are engaged in business activities of motor vehicle maintenance, repair and performance testing and units engaged in non-profit-making motor vehicle maintenance, repair and performance testing shall, in case of a merger, separation or alteration of business scope, submit, in advance, an application to the original vehicle maintenance administrative departments from which they have obtained the license. After the approval from the responsible administrative departments, they shall go through the formalities of license alteration for motor vehicle maintenance, repair and performance testing and other formalities of alteration in accordance with the relevant regulations.
     Those who are engaged in motor vehicle maintenance, repair and performance testing shall, in case of alterations of name, legal representative, time limit of business or location of business site, file a report to the responsible vehicle maintenance administrative departments for the record while completing the corresponding formalities with administrative departments of industry and commerce and tax.
     Those who are engaged in motor vehicle maintenance, repair and performance testing shall, in case of a close-down of business, submit in advance an application to the original vehicle maintenance administrative departments from which they have obtained the license and go through the formalities of license cancellation and other formalities of business close-down in accordance with the relevant regulations.
     Non-profit-making motor vehicle maintenance, repair and performance testing units shall, in case of a close-down or alteration as stated in the first and second paragraphs of this article, go through the formalities of close-down or alteration with the vehicle maintenance administrative departments of their locality.
     Article 12 (Annual Inspection)
     Vehicle Maintenance administrative departments shall conduct annual inspection of the professional qualifications of those engaged in motor vehicle maintenance, repair and performance testing. Only those who have passed the inspection can continue their business activities.
     Article 13 (Training and Operational Certificates)
     The following personnel who are to engage in motor vehicle maintenance, repair and performance testing shall undergo training in the relevant laws and regulations, professional ethics, and technical skills, and shall not take their posts at work until they have passed the examinations and obtained the qualification certificate issued by the Municipal Traffic Administration Office:
     1. Private enterpriser;
     2. Responsible personnel on key technical posts; and
     3. Personnel engaged in key types of technical work.
     Appraisal of qualifications of technical skills for personnel engaged in key types of technical work shall be conducted in accordance with the relevant regulations of the state.

     Chapter III Motor Vehicle Maintenance and Repair

     Article 14 (Compulsory Maintenance of Motor Vehicles)
     Motor vehicles shall undergo compulsory maintenance according to the mileage or time interval stipulated by the state
     Article 15 (Motor Vehicle Maintenance Quality)
     Those who are engaged in motor vehicle maintenance and repair shall conduct their work in accordance with the maintenance standards set by the state, the industry association or the local authorities. In case no existing maintenance standard is available, the maintenance shall be done in accordance with the maintenance manual and the relevant technical data provided by the manufacturer of the motor vehicle.
     Motor vehicles that have undergone class 2 maintenance, assembly overhaul or whole vehicle overhaul and motor vehicles that have been refitted from motor vehicles in use shall undergo maintenance quality and performance testing in accordance with the technical specifications of finished motor vehicles before they are allowed to go out of the factory.
     Article 16 (Quality Certificate System)
     Maintenance and repair of motor vehicles shall follow a quality certificate system for motor vehicles to leave the factory after maintenance and repair. The quality certificate shall be issued by the quality inspector.
     Motor vehicles that do not pass quality inspection shall not be delivered for use.
     Any of such acts as forgery, reselling or lending of maintenance quality certificates for motor vehicles by any unit or individual is prohibited.
     Article 17 (Warranty System)
     Profit-making maintenance of motor vehicles shall follow a warranty system after delivery.
     In case a motor vehicle goes out of order during the warranty period because of poor quality in maintenance and repair, the party who undertook the repair shall refix it free of charge and be responsible for the economic losses entailed in accordance with the law.
     Disputes on quality in profit-making maintenance and repair of motor vehicles that between those who undertake the repair and those who commission it shall be submitted to a unit appointed by the Municipal Maintenance Administrative Section for technical analysis and appraisal.
     Article 18 (Maintenance Contract)
     Those who are engaged in class 2 maintenance, assembly overhaul, whole vehicle overhaul or refitting of motor vehicles in use shall sign a contract with the party who commissions the repair or refitting. The maintenance contract shall take the sample copy recommended by the Municipal Traffic Administration Office as reference.
     Article 19 (Scope of Maintenance)
     Those who are engaged in maintenance and repair of motor vehicles shall conduct their business according to the scope of maintenance ratified by the vehicle maintenance administrative departments.
     Article 20 (Special Repair Norm and Repair of Vehicles Involved in Accidents)
     Those who are engaged in special repair of motor vehicles shall possess a special repair qualification certificate issued by the manufacturer of the specified type of vehicles or by its authorized institution.
     Those who have acquired special repair qualifications shall file the case with the vehicle maintenance administrative departments for the record.
     Procedures on the administration of repair of motor vehicles involved in accidents shall be formulated separately by the Municipal Traffic Administration Office.
     Article 21 (Activities Prohibited)
     Those who are engaged in motor vehicle maintenance and repair and units who are engaged in non-profit-making maintenance and repair of motor vehicles shall be prohibited from the following activities:
     1. Repair of scrapped motor vehicles or repair of motor vehicles that have been listed among those to be scrapped by the State compulsion;
     2. Refitting of motor vehicles in use without certificates from the administrative departments of public security and traffic;
     3. Rigging up of motor vehicles with spare parts; and
     4. Repair of motor vehicles with spare parts not up to quality standards of the State or Shanghai Municipality.

     Chapter IV Performance Testing of Motor Vehicles

     Article 22 (Quality Provisions on Performance Testing)
     Those who are engaged in motor vehicle performance testing and units engaged in non-profit-making motor vehicle performance testing shall establish a performance testing quality control system. Testing equipment and measurement instruments shall be kept in a good condition and testing and measurements shall be conducted in accordance with the provisions so as to ensure their accuracy and reliability.
     Those who are engaged in motor vehicle performance testing and units engaged in non-profit-making motor vehicle performance testing shall conduct testing and measurements in accordance with the testing and measurement standards set up by the State, the industry association or the local authorities. In case no existing standard available, the maintenance manual and the relevant technical data provided by the manufacturer of the motor vehicle shall be the reference for performance testing.
     Motor vehicle performance tests should record the test results accurately.
     Original records of motor vehicle performance testing shall be kept in accordance with the provisions.
     Article 23 (Scope of Performance Testing)
     Those who are engaged in motor vehicle performance testing shall conduct the testing in accordance with the scope of performance testing ratified by the vehicle maintenance administrative departments.
     Article 24 (Administrative Authorization)
     Those who are engaged in motor vehicle performance testing can be authorized by the departments of traffic, public security, technical supervision, environmental protection and commodity inspection to conduct, within their ratified business scope, testing on the safety, dynamics, economics, reliability, noise, exhaust fumes, etc. of motor vehicles.
     Article 25 (Certificates of Test Results)
     Certificates of test results are the valid documents of motor vehicle performance within their maintenance cycle and shall be regarded as the chief indicators of their technical performance.

     Chapter V Receipts and Service Charge

     Article 26 (Motor Vehicle Repair Receipts )
     Those who are engaged in motor vehicle maintenance, repair and performance testing shall use uniform receipts of the maintenance and repair service or value-added tax invoices. In case value-added tax invoices are used, uniform vouchers for settling accounts of the maintenance and repair service shall be attached.
     The customer shall have the right to refuse to pay the fees if no uniform receipt or voucher for settling accounts of the maintenance and repair service is provided by those who conduct the maintenance, repair or performance testing of motor vehicles.
     Uniform receipts and vouchers shall, under the supervision of the competent department of the Municipal Tax Administration, be uniformly printed, issued and administered by the Municipal Maintenance Administrative Section in accordance with the relevant provisions.
     No units or individuals shall forge, resell, transfer, or alter the uniform receipts or vouchers of the maintenance and repair service.
     Article 27 (Provisions on Service Charges)
     The rate of service charges for profit-making motor vehicle performance testing shall be set by the Municipal Traffic Administration Office and be implemented after the ratification by the responsible price administrative departments.
     Those who are engaged in motor vehicle maintenance and repair shall charge fees according to the standard man-hour quotas set by the Municipal Traffic Administration Office for settling accounts and list service fees and material costs separately.
     Article 28 (Administration of Price Lists)
     Those who are engaged in motor vehicle maintenance, repair and performance testing shall charge fees according to price labels.
     Man-hour rates for motor vehicle maintenance and repair shall, under the supervision of the municipal price inspection departments, be uniformly printed, issued and administered by the Municipal Maintenance Administrative Section.
     Article 29 (Management Fees)
     Those who are engaged in motor vehicle maintenance, repair and performance testing shall, in accordance with the regulations, pay management fees to the vehicle maintenance administrative departments.
     The rates of management fees shall be set by the responsible municipal price administrative departments together with the responsible municipal finance administrative departments.
     Operators in motor vehicle maintenance, repair and performance testing who do not pay management fees in accordance with the provisions shall be ordered by the vehicle maintenance administrative departments to pay the fees within a prescribed period of time and a penalty for delayed payment shall be imposed in accordance with the provisions.
     Article 30 (Statistical Data)
     Those who are engaged in motor vehicle maintenance, repair and performance testing and units engaged in non-profit-making motor vehicle maintenance, repair and performance testing shall, in accordance with the regulations, submit timely and accurate statistical data to the vehicle maintenance administrative departments.

     Chapter VI Legal Liability

     Article 31 (Penalty for Violation of Professional Qualification Administration)
     Those who violate the provisions of the professional qualification administration in the present Procedures shall be handled by the vehicle maintenance administrative departments according to the following provisions:
     1. Those who are engaged in business activities of motor vehicle maintenance, repair and performance testing without approval shall be ordered to stop business and their illegal income shall be confiscated. In addition, a fine of one to three times the amount of the illegal income or a fine of 2,000 to 50,000 yuan may be imposed.
     2. Those who are engaged in non-profit-making motor vehicle maintenance, repair and performance testing without approval shall be ordered to stop operation. In addition, a fine of 500 to 2,000 yuan may be imposed.
     3. Those who do not follow the provision to participate in the annual inspection shall be ordered to rectify within a prescribed period of time. In addition, a fine of 1,000 to 3,000 yuan may be imposed. In serious cases, their license for vehicle maintenance, repair and performance testing shall be revoked.
     4. Those who do not follow the provision to go through the formalities of business alteration or close-down shall be ordered to rectify within a prescribed period of time and be given a disciplinary warning. In addition, a fine of 500 to 1,000 yuan may be imposed.
     5. Those who take up their post at work without passing examinations or go to their post without carrying their certificate of operation shall be ordered to rectify within a prescribed period of time and be given a disciplinary warning. In addition, a fine of 100 to 300 yuan shall be imposed for each case.
     Article 32 (Penalty for Violation of Motor Vehicle Maintenance Administration)
     Violations of the provisions for motor vehicle maintenance administration in the present Procedures shall be handled by the vehicle maintenance administrative departments in accordance with the following provisions:
     1. Those who conduct maintenance and repair beyond their ratified business scope shall be ordered to rectify within a prescribed period of time and their illegal income shall be confiscated. In addition, a fine of 1,000 to 10,000 yuan may be imposed. In serious cases, the violators shall be ordered to suspend business and make rectification.
     2. Those who undertake repair of scrapped motor vehicles or rig up motor vehicles with spare parts shall be ordered to rectify within a prescribed period of time and be penalized by confiscation of their illegal income and a disciplinary warning. In addition, a fine of two to three times the amount of the illegal income or 30,000 to 50,000 yuan may be imposed. In serious cases, the violators shall be ordered to suspend business and make rectification. In extreme cases, the business licenses of the violators shall be revoked.
     3. Those who undertake refitting of motor vehicles without a certificate from the administrative departments of public security and traffic shall be ordered to stop their illegal operation and the illegal income shall be confiscated. In addition, the violators shall be given a disciplinary warning or a fine of 5,000 to 10,000 yuan. In serious case, the violators shall be ordered to suspend business and make rectification. In extreme cases, the business licenses of the violators shall be revoked.
     4. Those who use substandard motor vehicle spare parts in repairs shall be given a disciplinary warning and their illegal income shall be confiscated. In addition, a fine of two to three times the amount of the illegal income may be imposed. In serious cases, the violators shall be ordered to suspend business and make rectification. In extreme cases, the business licenses of the violators shall be revoked.
     5. Those who forge, resell, or lend certificates of quality inspection for delivery of the repaired motor vehicles shall be penalized by confiscation of all their quality certificates and their illegal income. Forgers and resellers of quality certificates shall be fined two to three times the amount of their unlawful income or 10,000 to 20,000 yuan. Lenders of quality certificates shall be fined one to two times the amount of their illegal income or 2,000 to 5,000 yuan. In serious cases of reselling or lending certificates of quality inspection for delivery of the repaired motor vehicles, the violators' licenses for maintenance, repair and testing shall be revoked.
     6. Those who do not follow the maintenance standards set by the State, the industry association or the local authorities in repairing motor vehicles shall be ordered to rectify within a prescribed period of time and be given a disciplinary warning. In addition, a fine of 1,000 to 2,000 yuan may be imposed.
     7. Those who do not follow the provision to observe the warranty system in motor vehicle repair shall be ordered to rectify within a prescribed period of time and be given a disciplinary warning. In addition, a fine of 2,000 to 10,000 yuan may be imposed.
     8. Those who do not conduct maintenance quality testing in accordance with the technical specifications for delivery of the repaired motor vehicles shall be ordered to rectify within a prescribed period of time and be given a disciplinary warning or a fine of 500 to 1,000 yuan for each vehicle. In serious cases, the violators shall be ordered to suspend business and make rectification. In extreme cases, the violators' licenses for maintenance, repair and tests shall be suspended or even revoked.
     9. Those who do not fill out and issue quality certificates for delivery of the repaired motor vehicles in accordance with the provisions shall be ordered to rectify within a prescribed period of time and be given a disciplinary warning or a fine of 500 to 1,000 yuan for each vehicle.
     10. Those who do not sign a contract with the party that commissions the repair in accordance with the provisions shall be ordered to rectify within a prescribed period of time and be given a disciplinary warning. Violators who do not make rectification within the prescribed period of time shall be fined 100 to 300 yuan for each unsigned contract, but the total amount of fine shall not exceed 2,000 yuan.
     Article 33 (Penalty for Violation of Motor Vehicle Performance Testing Administration)
     Those who violate the provisions for motor vehicle performance testing administration shall be handled by the vehicle maintenance administrative departments according to the following provisions:
     1. Those who conduct performance testing beyond their ratified business scope without approval shall be ordered to rectify within a prescribed period of time and be penalized by confiscation of their illegal income and a disciplinary warning or a fine of 1,000 to 10,000 yuan. In serious cases, the violators shall be ordered to suspend business and make rectification.
     2. Those who do not follow the provision to conduct motor vehicle performance testing according to the technical standards shall be given a disciplinary warning or a fine of 2,000 to 10,000 yuan.
     3. Those who use substandard testing instruments and equipment in conducting performance testing and cause inaccuracy of testing and measurement results shall be fined 5,000 yuan. In serious cases, the violators shall be ordered to suspend business and make rectification.
     4. Those who give untruthful certificates of performance testing results shall be fined 2,000 to 10,000 yuan.. In serious cases the violators shall be ordered to suspend business and make rectification. In extreme cases, the violators' licenses for maintenance and testing shall be revoked.
     Article 34 (Penalty for Violation of Service Charge and Receipt Administration)
     Violators of the provisions in the present Procedures for service charge and receipt administration shall be handled by the vehicle maintenance administrative departments according to the following provisions:
     1. Those who forge, alter, transfer or resell uniform receipts or uniform vouchers for settling accounts of the maintenance and repair service shall be penalized by confiscation of their illegal income and be given a disciplinary warning or a fine of two to three times the amount of the illegal income or a fine of 3,000 to 50,000 yuan. In serious cases, the violators shall be ordered to suspend business and make rectification. In extreme cases, the business licenses of the violators shall be revoked.
     2. Those who charge their customers in excess of the standard man-hour quotas for settling accounts set by the industry association shall be penalized by confiscation of their illegal income and be give a disciplinary warning or a fine of 2,000 to 10,000 yuan. In serious cases, the violators shall be ordered to suspend business and make rectification.
     3.Those who do not use uniform receipts of the maintenance and repair service in violation of the provisions or who use value-added tax invoices without attaching a uniform voucher of the maintenance and repair service for settling accounts shall be given a disciplinary warning or a fine of 300 to 5,000 yuan. In serious cases, the violators shall be ordered to suspend business and make rectification.
     4. Those who do not display price labels shall, according to the seriousness of the case, be given a disciplinary warning or be ordered to suspend business and make rectification. In addition, a fine of 200 to 500 yuan may be imposed.
     5. Those who do not submit statistical data timely and accurately to the vehicle maintenance administrative departments shall be ordered to rectify in a prescribed period of time and be given a disciplinary warning. In addition, a fine of 100 to 500 yuan may be imposed.
     Article 35 (Penalty for Violation of Provisions on Industry and Commerce, Price and Tax)
     Those who violate the provisions on industry and commerce, price, and tax shall be penalized by the relevant departments in accordance with the law.
     Article 36 (Administrative Measures)
     To those who commit any one of the following acts in violation of the present Procedures, the vehicle maintenance administrative departments may suspend their illegal business activities, temporarily seize their vehicles, stop the operation or use of their machinery and tools, and order the party concerned to report at a designated place within a time limit for handling:
     1. Engaging in motor vehicle maintenance, repair and performance testing without approval;
     2. Undertaking repair of scrapped motor vehicles without approval or rigging up motor vehicles with spare parts; and
     3. Using substandard spare parts to repair motor vehicles.
     In case the party concerned does not report at the designated place for handling three months beyond the time limit, the motor vehicle maintenance administrative departments may dispose of his/her motor vehicles, machinery and tools as ownerless property.
     Article 37 (Administrative Reconsideration and Legal Action)
     If the party concerned finds unacceptable the specific administrative act of the vehicle maintenance administrative departments, he may apply for the administrative reconsideration or take legal action in accordance with the provisions of the Regulations on Administrative Reconsideration and the Administrative Litigation Law of the People' s Republic of China.
     The vehicle maintenance administrative departments who made the administrative decision may, in accordance with the provisions of the Administrative Litigation Law of the People' s Republic of China, apply to the people' s court for enforcement in case the party concerned neither applies for reconsideration, nor takes legal action, nor complies with the specific administrative act within the time limit prescribed by law.
     Article 38 (Handling of Obstruction of Official Duties)
     Those who refuse or obstruct traffic administrative personnel to perform their duties, in case of violating of the Regulations of the People' s Republic of China on Public Security Administration and Punishment, shall be handled by the public security departments in accordance with the law; in case of a criminal offense being involved, the offender shall be prosecuted for criminal responsibility by judicial organs.
     Article 39 (Penalty on Law Enforcement Personnel Who Violate the Law)
     Traffic administrative personnel who neglect their duty, abuse their power, practise favoritism, or extort or accept bribes in enforcing the specific administrative acts shall be prosecuted for the criminal responsibility according to the law if their acts constitute a crime. In case their acts do not constitute a crime, they shall be given disciplinary sanction.

     Chapter VII Supplementary Provisions

     Article 40 (Authorization Clause)
     The qualifications and administrative procedures for units engaged in business activities of intermediary service in motor vehicle maintenance, repair and performance testing shall be formulated by the Municipal Traffic Administration Office jointly with other relevant departments and be implemented after approval by the Municipal People' s Government.
     Article 41 (Department Responsible for Interpretation of Application)
     The Municipal Traffic Administration Office shall be responsible for the interpretation of the present Procedures in their specific application.
     Article 42 (Date of Implementation and Interim Procedures to Be Annulled)
     The present Procedures shall become effective on February 1, 1998. The Interim Procedures of Shanghai Municipality on the Administration of Motor Vehicle Maintenance and Repair Trade promulgated by the Shanghai Municipal People' s Government on April 12, 1988 shall be annulled on the same date.

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