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Regulations of Shanghai Municipality on the Administration of Passenger Transport by Public Bus, Tram and Trolleybus
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| (Adopted at the 22nd session of the Standing Committee of the 11th People' s Congress of Shanghai Municipality on September 22, 2000) Chapter One General Provisions Article 1 The present Regulations are formulated in order to strengthen the administration of public bus, tram and trolleybus passenger transport, maintain the order of its operation, improve its service quality, protect the legitimate rights and interests of both its passengers and operators, and promote its development, and in light of the actual situations of this Municipality. Article 2 These Regulations shall apply to the operation of bus, tram and trolleybus passenger transport and its related administrative activities within the administrative areas of this Municipality. The public buses, trams and trolleybuses referred to in these Regulations are defined as the passenger transport buses, trams and trolleybuses that run along a fixed route within the administrative areas of this Municipality, follow a set schedule, take on and discharge passengers at regular stops, and charge fares according to the approved rates of charge. Article 3 The Shanghai Municipal Urban Communications Administration (hereinafter referred to as the Municipal Communications Administration) is the competent department for the administration of public bus, tram and trolleybus passenger transport in this Municipality, and shall be responsible for organizing the implementation of these Regulations. The Shanghai Municipal Administrative Section of Public Passenger Transport (hereinafter referred to as the Municipal Public Transport Administrative Section) subordinate to the Municipal Communications Administration shall be responsible for the routine work of administration, supervision and inspection in this field, and shall impose administrative penalties as authorized by these Regulations. The district/county people' s governments and related administrative departments shall, according to their respective duties, work in coordination in implementing these Regulations. Article 4 The development of public bus, tram and trolleybus passenger transport shall be geared to the economic development, urban construction, environmental protection and the living standards of the people, accord with overall city planning and be in harmony with other means of public passenger transport. This Municipality shall, in the light of nature of public welfare undertaking of public communication, adopt the principle of giving priority to the development and carry out the policy of giving appropriate support to the construction of bus, tram and trolleybus passenger transport facilities investment, and other matters, and shall build up a rational price mechanism. This Municipality shall encourage the application of advanced technology and sophisticated administrative methods in the operation and administration of bus, tram and trolleybus passenger transport. Article 5 The Municipal Communications Administration shall, in the light of the actual needs of urban development and for conveniencing urban people taking trips, organize the formulation of bus, tram and trolleybus passenger transport development plans, which, after being comprehensively equilibrated by the city planning administrative departments, shall be incorporated into the overall city planning. Article 6 The operation of bus, tram and trolleybus passenger transport of this Municipality shall follow the principles of compliance with overall planning, fair competition, safe operation, normalized service and making it convenient for the passengers. Chapter Two Lines and Rights of Line Operation Article 7 The Municipal Communications Administration shall, on the basis of listening to the opinions of district/county people' s governments and the opinions from various quarters, and jointly with relevant departments, formulate or adjust plans of bus, tram and trolleybus passenger transport lines and networks in this Municipality (hereinafter referred to as lines and networks plans) and plans of stations and stops in accordance with the municipal plans for developing bus, tram and trolleybus passenger transport. The opening and adjustment of bus, tram and trolleybus passenger transport lines (hereinafter referred to as lines) shall meet the requirements of lines and networks planning. Article 8 The Municipal Communications Administration shall, jointly with the administrative departments of municipal public security, the municipal administration and other, formulate annual plans for the opening and adjustment of lines in accordance with lines and networks plans, and in the light of the actual needs of the city development, and publish the plan before it is implemented. In formulating annual plans for the opening and adjustment of lines, the Municipal Communications Administration shall listen to the opinions of the city residents and the relevant district/county people' s governments. District/county people' s governments, on the other hand, may also, in light of the actual needs of their administrative areas, make proposals as to the opening and adjustment of lines, which, upon approval by the Municipal Communications Administration, and other administrative departments of the municipal public security, the municipal administration shall be incorporated into the annual plan for opening and adjustment of lines. Article 9 Tourist transport lines shall be incorporated into lines and networks plans. The opening and adjustment of tourist transport lines shall be proposed by tourism administrative departments and be determined by the Municipal Communications Administration after equilibration. Tourist transport lines shall, follow the principle of conveniencing the tourists, have fixed stations and stops at the tourist spots, and be geared to the opening and the time of business of the tourist scenic spots. Article 10 Line operators shall acquire line operation rights granted by the Municipal Communications Administration before engaging in the business. Line operation rights shall not exceed 8 years for each term. Within the term of operation, the operator shall not dispose of this right without authorization. Article 11 To acquire line operation rights, the operator shall meet the following requirements: (1) Having obtained a "corporate legal person' s business license" for engaging in bus, tram and trolleybus public transport in this Municipality; (2) Possessing vehicles that meet the requirements for public transport lines operation or the appropriate funds for purchasing such vehicles; (3) Possessing parking lots and complete accessory facilities that meet the requirements for public transport lines operation; (4) Having a rational and feasible plan for lines operation; (5) Having a sound system of operation management concerning passenger service and safe driving; (6) Having adequate managing personnel and qualified drivers, conductors and dispatchers who have obtained service certificates, and among them, the drivers shall have more than one year' s driving experience. Article 12 For newly opened lines, lines whose operator' s term has come to an end and for which a new operator is to be chosen, or lines for which a new operator needs to be chosen even though the original operator' s term has not come to an end, the Municipal Communications Administration shall grant the operation rights by inviting bids. Line operators may, six months before the termination of their operation right, submit a written application to the Municipal Communication Administration for a new term of line operation right. The Municipal Communications Administration shall, in light of the performance of the line operator, decide, three months before the termination of the present operation right, whether or not to grant it. Line operators who have acquired line operation rights shall be awarded a certificate of line operation right. Article 13 The Municipal Communications Administration shall strengthen the city' s capital construction of basic facilities for public bus, tram and trolleybus passenger transport, strengthen the administration of public bus, tram and trolleybus passenger transport market and investigate into and penalize operations without the necessary licenses and certificates. Except in very special circumstances, no repeated lines shall be opened on routes that have already a chosen operator. Article 14 The Municipal Communications Administration shall organize and conduct an annual appraisal of line operators' performance and service quality, the result of which shall be taken into account when granting or withdrawing line operation rights. When conducting an appraisal of line operators' performance and service quality, the Municipal Communications Administration shall invite passenger representatives to participate, and listen to the opinions of various sectors of the society. Article 15 To operators who have obtained line operation rights, the Municipal Public Transport Administrative Section shall issue vehicle operation certificates in accordance with the number of vehicles in operation. To drivers, conductors and dispatchers who have undergone training and passed examinations the Municipal Public Transport Administrative Section shall issue a service certificate. The vehicle operation certificate and the service certificate of drivers, conductors and dispatchers shall follow a system of an annual examination. Vehicles that have not undergone an annual check, or that have failed to pass the examination shall not be used in line operation. Drivers, conductors and dispatchers who have not undergone an annual examination or who have failed to pass the examination shall take part in training, and may make up for the annual examination formalities, if they pass the examinations after completing training. The Municipal Public Transport Administrative Section shall not issue service certificates to drivers, conductors or dispatchers who fail to subject themselves to annual examination or who fail to pass the examination. To drivers, conductors or dispatchers whose service certificates have been withdrawn, the Municipal Public Transport Administrative Section shall not issue service certificates within the two years following the withdrawal. Chapter Three Operation Management Article 16 Line operators shall implement the operation management system concerning passenger transport service, safe driving, etc. set when acquiring the line operation right. Line operators shall organize passenger transport in accordance with the approved routes, stations and stops, number of runs, schedules, the number of vehicles, vehicle models, and the maximum number of passengers to be carried by each vehicle, and shall not arbitrarily alter or stop operation without approval. The maximum number of passengers to be carried by each vehicle shall be approved jointly by the municipal public security departments and the Municipal Public Transport Administrative Section. Article 17 Line operators shall formulate plans of line operation in accordance with the operation requirements as provided in these Regulations and the passenger flow, and file them with the Municipal Public Transport Administrative Section for the record. Line operators shall conduct operation in accordance with their plan of line operation. The Municipal Public Transport Administrative Section shall inspect and check the execution of line operators' operation plans. Article 18 Line operators who need to engage in conductorless operation shall submit a written application to the Municipal Public Transport Administrative Section, which shall, within 20 working days upon receiving the application, make a decision on it and send a written notice to the operator. Operators who engage in conductorless operation shall install on the vehicle a coin receptacle, an electronic card scanner and an electronic device announcing the arrival of coming stops, and keep them in working condition. Beside the coin receptacle tickets shall be available. Article 19 Line operators who need to conduct operation with air-conditioned vehicles shall submit a written application to the Municipal Public Transport Administrative Section concerning the number of vehicles and operation schedules. The Municipal Public Transport Administrative Section shall, within ten working days upon receiving the application, make a decision on it and send a written notice to the operator. Line operators who conduct operation with air-conditioned vehicles shall give regular maintenance and service to the air-conditioning system of the vehicles, and keep it in good working order. Besides, a thermometer shall be fixed in a conspicuous place in the vehicle. Line operators shall turn on the air-conditioning system in their vehicles during the periods of June 1 to September 30 and December 1 to March 1 the following year, and when the temperature in the vehicle is above 28 degrees or below 12 degrees Centigrade in other periods of the year. Line operators shall turn on ventilating systems in the vehicle except when the air-conditioning system is on as provided for in the preceding clause. Article 20 While engaging in operation, line operators shall arrange for the boarding and discharging of passengers at approved stations and stops. If in areas outside the city and the towns the distance between stops exceeds a certain limit, line operators may, with the joint approval of the Municipal Public Transport Administrative Section and the municipal public security departments, arrange for the boarding and discharging of passengers at common beckoning stops. Article 21 In case a line operator needs to terminate operation within the term of line operation right because of dissolution or bankruptcy, he/she shall inform the Municipal Communications Administration in the written form three months before the date of termination. The Municipal Communications Administration shall decide on a new operator before the termination. Article 22 In case a line operator needs to suspend or terminate the operation of a certain line or the use of a certain station or stop, he/she shall inform the Municipal Communications Administration in the written form and shall not implement until approval is obtained. Line operators who need to alter routes or stops shall submit to the Municipal Public Transport Administrative Section a written application, and the alteration shall be implemented after it is examined, verified and approved by the Municipal Public Transport Administrative Section jointly with the administrative departments of public security and municipal administration. When adjustment of lines and networks plans is made, the Municipal Public Transport Administrative Section may demand the line operators to make necessary adjustment in their operation, and the line operator shall carry out the demanded adjustment. When construction of roads, underground pipes and cables or other city infrastructure, or road conditions affect the safety of line operation, the Municipal Public Transport Administrative Section may, in accordance with the opinions of administrative departments of public security and municipal administration, demand the line operators to make necessary adjustment in their operation, and the line operator shall carry out the demanded adjustment. Article 23 Except in cases of force majeure or other emergencies, public notice of adjustments of line operations approved by the Municipal Public Transport Administrative Section shall be given by the line operator at all the stations and stops along the route five days before the implementation. Except in cases of force majeure or other emergencies, public notice of adjustments of line operations, made by the Municipal Public Transport Administrative Section in accordance with Article 22 Clauses 3 and 4 of these Regulations, shall be given at all the stations and stops along the route five days before implementation. When operational adjustment of two or more related lines is made at the same time, the Municipal Public Transport Administrative Section shall give additional public notice via the news media. Article 24 In any one of the following circumstances, line operators shall, in accordance with the unified control of the Municipal Public Transport Administrative Section, organize timely vehicles and personnel for dispersal of passengers: (1) Serious shortage of vehicles at major concentration points of passengers; (2) Holding of major social events; (3) Other circumstances that need emergency dispersal. Article 25 Line operators shall charge fares according to the rates checked and verified by the Municipal People' s Government. Line operators shall, when collecting fares, issue tickets of equivalent value, which are approved by the Municipal Communications Administration and the municipal tax departments. Tickets uniformly printed and sold by public transport ticket organization of this Municipality are valid over all lines of operation. No line operators and their employees shall reject them. The recalling and settlement of such tickets shall be done by the public transport ticket organization of this Municipality and the line operators in accordance with the stipulations of the Municipal Communications Administration. Article 26 Line operators shall strengthen check, maintenance and service of their vehicles in operation and keep records so as to ensure that the vehicles in operation will meet the following requirements: (1) The vehicles are clean and tidy, and their facilities are in good condition; (2) The performance of vehicles and their exhaust meet the technical norms of the state; (3) Rates of fare and the name of the route and line operator are posted at specified places; (4) The duplicate copy of vehicle operation certificate is put at the specified place; (5) "Regulations of Shanghai Municipality on the Taking of Bus, Tram and Trolleybus" (hereinafter referred to as "Bus, Tram and Trolleybus Regulations" ) formulated by the Municipal Communications Administration in accordance with these Regulations, a diagram of the route and the telephone number for passenger complaint are posted at the specified places. Article 27 In case radio dispatch equipment is installed, the line operator shall register the radio equipment and its frequency with the Municipal Public Transport Administrative Section, and keep the equipment in continuous normal working order. Article 28 Line operators shall strengthen the administration of their drivers, conductors and dispatchers, and improve their service quality. While engaged in operational service, drivers and conductors shall observe the following stipulations: (1) Carry service certificates in conformity with the vehicle' s operation certificate; (2) Operate according to the approved routes, stations and stops, runs, schedules and maximum number of passengers to be carried; (3) Charge fares according to approved rates; (4) Take on or discharge passengers at specified stations and stops, or at the approved common beckoning stops; (5) Announce clearly the name of the route, the direction in which the vehicle is running, and the arriving stations and stops. In case an electronic device announcing the arrival of coming stops is installed, it shall be used in the correct way; (6) Keep the vehicle clean and tidy and maintain good order in the vehicle; (7) In no circumstances hand the vehicle for operation to personnel who do not possess the qualifications provided in these Regulations; (8) Shall not allow the vehicle to be held up at the stations or stops and affect normal operational order; (9) Provide necessary aid to the aged, the young, the sick, the handicapped, the pregnant and those who carry babies in their arms; (10) Shall not smoke in the vehicle. While engaged in their work, dispatchers shall observe the following provisions: (1) Wear service certificate; (2) Dispatch vehicles in accordance with operation schedules, and make rational adjustments in special circumstances; (3) Record data of vehicle runs truthfully. Article 29 Passengers have the right to safe, convenient and quick service. In any one of the following circumstances, the passengers may refuse to pay the fare: Rates of fare are not posted in the operating vehicle in accordance with the stipulations; The driver or the conductor does not produce or does not have tickets available in conformity with the stipulations; The air-conditioning system or the ventilation system in air-conditioned vehicles is not turned on in accordance with the stipulations; The electronic ticket card cannot be used because the electronic ticket card scanner is not turned on or is not in working order in vehicles equipped with electronic ticket card scanners. When the operating vehicle breaks down and cannot continue normal runs, the passengers have the right to ask the driver or conductor to arrange for them to continue their trip in other vehicles of the same line in the same direction, and the drivers and conductors of the same line in the same direction shall not refuse. In case the driver or conductor is unable to arrange for them to continue their trip in other vehicles of the same line in the same direction within the prescribed time limit, the passengers have the right to ask for a refund of their tickets. Article 30 Passengers shall observe "Bus, Tram and Trolleybus Regulations" . Line operators and their employees may refuse to provide transport service if a passenger violates "Bus, Tram and Trolleybus Regulations" , and refuses to take the warning to stop doing wrong. Passengers shall pay fares in accordance with the specified rate. In case a passenger fails to pay fares in accordance with the specified rate, the line operator and their employees may ask him/her to make up the deficiency in payment, and may ask him/her to pay additional fares five times the specified rate. Chapter Four Construction and Management of Facilities Article 31 Lots and spaces approved or reserved for bus, tram and trolleybus passenger transport in the overall city planning of this Municipality shall not be occupied or converted to other uses by any unit or individual person without approval of the original unit of examined and approval. Article 32 People\'s governments at all levels shall support, encourage and take part in constructing, renovating or extending facilities of large-scale bus, tram and trolleybus stations and stops and parking lots. Construction, renovation and extension of facilities of bus, tram and trolleybus stations and stops and parking lots shall conform to the plans of this Municipality for the development of bus, tram and trolleybus passenger transport, lines and networks, and stations and stops. Planning administrative departments shall listen to opinions of the Municipal Communications Administration before approving and issuing construction projects planning permits. The construction unit shall build bus, tram and trolleybus terminals as accessory facilities in accordance with planning requirements when: Building or extending airports, railway stations, passenger terminals, long distance bus stations, track transport stations and other public places of passenger flow centers; Building or extending large-scale public facilities; Building or extending residential areas of a certain scale. Before facilities of bus, tram and trolleybus stations and stops as well as parking lots and spaces are put into use, the construction unit shall give notice to the Municipal Communications Administration to participate in the acceptance check. Facilities that have not been checked before delivery, or that have not passed the acceptance check shall not be put into use. Facilities of stations and stops shall not be shut down or converted to other uses without the approval of the Municipal Communications Administration. Article 33 Stations and stops of bus, tram and trolleybus lines shall be set up in accordance with the principle of conveniencing passengers and maintaining a rational distance between stations and stops. Line operators shall set up at terminals vehicle dispatching facilities and traffic sheds, and post up "Bus, Tram and Trolleybus Regulations" , fare rates and telephone numbers for passenger complaint. At the terminals of newly opened lines, stations for boarding and discharging passengers shall be set up. Article 34 Line operators shall erect signposts, including temporary signposts (similarly hereinafter), at bus, tram and trolleybus stations and stops in accordance with the uniform standard prescribed by the Municipal Public Transport Administrative Section. Bus, tram and trolleybus station and stop signposts shall bear the name of the line, the time for the first and the last run, the name of the stop and names of the other stops along the route, the direction in which the vehicle is running, and rates of fare, etc. The signposts shall be conspicuous and be kept in good condition. In the case of lines with vehicles running at intervals of more than 30 minutes, the time of each run passing the stop shall be clearly indicated. Article 35 Stations and stops constructed with government investment and common to two or more lines shall be managed by a unit chosen by the Municipal Communications Administration and the authorized operators through consultation either by inviting bids or on a commission basis. Other common stations and stops shall be managed by a unit chosen by the Municipal Communications Administration and the owner of the property through consultation either by inviting bids or on a commission basis. The unit that runs the common stations and stops shall maintain the operational order therein and ensure safety and smooth traffic. Drivers and conductors who enter the common stations and stops shall submit themselves to the administration of the managing personnel who run the stations and stops. Article 36 Advertisements put up on the operating vehicles shall, in addition to conformity with relevant laws and regulations concerning advertisements, comply with relevant provisions for the administration of bus, tram and trolleybus operation regarding the position, size and color of the advertisement. No audio advertisements are to be broadcasted, nor are written advertisements to be distributed in the vehicles. Article 37 Power supply units shall, in accordance with the technical standards and specifications set by the State, conduct regular maintenance and repair of tram and trolleybus power supply facilities, such as trolleybus overhead line networks, power feed line networks and transformer substations, so as to ensure their safety and normal use. In case of a breakdown in the tram and trolleybus power supply facilities, the power supplier shall organize emergency repairs at once and restore their normal function as soon as possible. Tram and trolleybus power supply units shall, in accordance with relevant regulations of the State, erect protection markers around trolleybus power supply facilities. The following acts posing hazards to the safety of tram and trolleybus power supply facilities are prohibited: Damaging or covering the tram and trolleybus power supply facilities and their protection markers; Hanging or putting up posters, billboards or other facilities on the tram and trolleybus overhead line networks or power feed line networks; Other acts that endanger the safety of tram and trolleybus power supply. In case construction of projects may endanger the safety of tram and trolleybus power supply facilities, the construction unit shall hold consultations with the tram and trolleybus power supply unit and take appropriate safety measures before starting construction. When transporting articles of unusual height across trolleybus overhead line networks or power feed line networks, the transporter shall adopt appropriate safety measures and inform the trolleybus power supplier in the written form. Article 38 The main roads for motor vehicles in this Municipality shall allocate special lanes and build dock-like stops for buses, trams and trolleybuses. On one-way roads for motor vehicles that meet the required conditions, buses, trams and trolleybuses shall be allowed to run both ways. At main crossroads that meet the required conditions, a marker or a signal device shall be put up giving right of way priority to buses, trams and trolleybuses. The Municipal Communications Administration shall, jointly with the administrative departments of municipal public security and Municipal Administration, etc., formulate plans concerning special lanes for buses, trams and trolleybuses. Procedures for giving right of way priority to and allocating special lanes for buses, trams and trolleybuses, and for setting up stations and stops shall be formulated by the Municipal Communications Administration jointly with the administrative departments of municipal public security and Municipal Administration, etc. Chapter Five Supervision, Inspection and Complaint Article 39 The Municipal Communications Administration and the Municipal Public Transport Administrative Section shall intensify supervision and inspection of bus, tram and trolleybus operation. Personnel of the Municipal Communications Administration and the Municipal Public Transport Administrative Section going on inspection shall carry administrative law enforcement ID cards. Article 40 The Municipal Public Transport Administrative Section and line operators shall institute a system to hear and handle passenger complaints against acts violating the provisions of these Regulations. Article 41 Line operators shall make a reply to the complaints within ten working days upon receiving them. In case the passenger making the complaint finds the reply unacceptable, he/she may appeal to the Municipal Public Transport Administrative Section. The Municipal Public Transport Administrative Section shall make a reply within 20 working days upon receiving a complaint or an appeal from the passenger. Article 42 The Municipal Public Transport Administrative Section may verify complaints and their handling with the line operator. When the Municipal Public Transport Administrative Section needs to verify complaints and their handling with the line operator, it shall issue a notice for complaint verification to the latter. The line operator shall, within ten working days upon receiving the notice for complaint verification, make a written reply to the Municipal Public Transport Administrative Section, stating relevant circumstances or his opinions on the handling of the complaints. Chapter Six Legal Liabilities Article 43 In case a line operator engages in bus, tram and trolleybus public transport without acquiring line operation rights in violation of Clause 1 of Article 10 of these Regulations, the Municipal Public Transport Administrative Section shall confiscate his/her unlawful gains and impose a fine of not less than RMB 5,000 to not more than RMB 50,000. The Municipal Public Transport Administrative Section may, before imposing administrative punishments, seize the operation vehicle and enjoin the wrongdoer to report at a designated place within the prescribed time limit. Article 44 In case a line operator, in violation of Clause 2 of Article 10 of these Regulations, commit either one of the following acts, the Municipal Communications Administration shall confiscate his/her unlawful gains and impose a fine of not less than RMB 5,000 to not more than RMB 50,000 or revoke his/her certificate of line operation rights: Contracting for other units or individual persons to operate the line; Transferring the line operation rights arbitrarily. In case a line operator fails to implement the operation management system concerning passenger transport service, safe driving, etc. in violation of Article 16 Clause 1 of these Regulations, the Municipal Communications Administration shall enjoin him/her to make rectification within the prescribed time limit. In case of failure on the part of the line operator to rectify within the time limit, the Municipal Communications Administration may revoke his/her certificate of line operation rights. In case the line operator commits acts listed in Clause 1 and 2 of this article resulting in serious loss of public or private property, serious adverse social reaction or other serious consequences, the Municipal Communications Bureau may revoke part or all of his/her certificates of line operation rights. Article 45 In case a vehicle operates without an operation certificate or a driver, conductor or dispatcher works without a service certificate in violation of the provision of Clause 1 of Article 15 of these Regulations, the Municipal Public Transport Administrative Section shall enjoin the line operator to rectify or make rectification within a prescribed time limit. Cumulatively, a disciplinary warning may be issued or a fine of not less than RMB1,000 to not more than RMB5,000 may be imposed. In case a driver, conductor or dispatcher commits any one of the following acts, the Municipal Public Transport Administrative Section may give a disciplinary warning or impose a fine of not less than RMB50 to not more than RMB200. If such acts lead to serious consequences, their service certificates may be withdrawn. Failure to stick to service standards in violation of Clauses 2 and 3 of Article 28 of these Regulations; Failure to arrange for passengers to transfer free of charge to other vehicles, or to refund their tickets in violation of Clause 3 of Article 29 of these Regulations; Failure to submit themselves to the administration of managing personnel of common stations and stops in violation of Clause 3 of Article 35 of these Regulations; Article 46 In case a line operator does any one of the following acts, the Municipal Public Transport Administrative Section shall enjoin him/her to rectify or make rectification within a prescribed time limit. Cumulatively, a disciplinary warning may be issued or a fine of not less than RMB200 to not more than RMB2,000 may be imposed. Exceeding the approved maximum number of passengers to be carried by the vehicle in violation of Clause 2 of Article 16 of these Regulations; Failure to follow plans of line operation routes as filed for the record in violation of Clause 1 of Article 17 of these Regulations; Failure to operate air-conditioned vehicles in accordance with the provisions in violation of Clauses 2, 3 and 4 of Article 19 of these Regulations; Failure to meet the requirements set for operating vehicles in violation of the provision of Article 26 of these Regulations; In case a line operator does any one of the following acts, the Municipal Public Transport Administrative Section shall enjoin him/her to rectify or make rectification within a prescribed time limit. Cumulatively, a disciplinary warning may be issued or a fine of not less than RMB500 to not more than RMB5,000 may be imposed. Failure to file plans of line operation with the Municipal Public Transport Administrative Section for the record in violation of the provision in Clause 1 of Article 17; Engaging in condutorless operation or operating with air-conditioned vehicles without approval in violation of the provisions in Clause 1 of Article 18 and Clause 1 of Article 19; Failure to take on or discharge passengers at prescribed stations and stops or approved shared beckoning stops in violation of the provision in Article 20; Failure to charge fares in accordance with approved rates or failure to issue tickets of equivalent value upon charging fares or refusing to accept uniformly printed and sold tickets in violation of the provisions in Article 25; The rate of violation of these regulations by line operator\'s drivers, conductors or dispatchers going beyond 2% for two consecutive months violating the provisions in Article 28; In case a line operator does any one of the following acts, the Municipal Public Transport Administrative Section shall enjoin him/her to rectify or make rectification within a prescribed time limit. Cumulatively, a fine of not less than RMB1,000 to not more than RMB10,000 may be imposed. Termination of operation arbitrarily in violation of the provision in Article 21; Adjustment of line operation arbitrarily in violation of the provisions in Clauses 1 and 2 of Article 22; Failure to give public notice of adjustment in line operation in violation of the provisions in Clause 1 of Article 23; Failure to submit to the unified control and coordination of the Municipal Public Transport Administrative Section in violation of the provisions in Article 24. Article 47 In case of any one of the following acts, the Municipal Public Transport Administrative Section shall enjoin the violator of regulations to rectify or make rectification within a prescribed time limit. Cumulatively, a fine of not less than RMB2,000 to not more than RMB20,000 may be imposed. Shutting down, or converting to other uses, facilities of stations and stops arbitrarily by operators in violation of Clause 5 o f Article 32 of these Regulations; Failure by line operators to set up at terminals vehicle dispatching facilities and traffic sheds in violation of Clause 2 of Article 33 of these Regulations; Failure by line operators to erect signposts at bus, tram and trolley bus stations and stops in violation of the provisions of Article 33 of these Regulations; Failure to maintain the operational orders at the stations and stops in violation of Clause 20 f Article 35 of these Regulations; Failure by line operators to comply with relevant provisions for the administration of bus, tram and trolleybus operation regarding the position, size and color of the advertisements in violation of Clause 1 of Article 36 of these Regulations; Broadcasting audio advertisements or distributing written advertisements in the vehicle in violation of Clause 2 of Article 36 of these Regulations; Endangering the safety of tram and trolleybus power supply facilities in violation of Clauses 3, 4 and 5 of Article 37 of these Regulations. In case the unlawful acts result in the loss of property, the wrongdoers are liable for damages. Article 48 The Municipal Communications Administration and the Municipal Public Transport Administrative Section shall establish and perfect a system of supervision over the law enforcement by the public passenger transport inspection personnel. Persons in direct charge or other persons directly responsible who neglect their duty, abuse power, or play favoritism and commit irregularities shall be given disciplinary sanction by the unit they belong to or by the competent department at the higher level. If their acts constitute a crime, they shall be prosecuted for their criminal liability. Article 49 If the party concerned finds unacceptable the specific act of the Municipal Communications Administration and the Municipal Public Transport Administrative Section, he/she may apply for administrative reconsideration or take legal proceedings in accordance with the provisions of "Law of the People\'s Republic of China on Administrative Reconsideration" or "Administrative Litigation Law of the People\'s Republic of China" . The Municipal Communications Administration or the Municipal Public Transport Administrative Section that made the specific administrative act may apply to the people\'s court for enforcement in case the party concerned neither applies for reconsideration, nor takes legal proceedings, nor performs the specific administrative act within the time limit set by law. Chapter Seven Supplementary Provisions Article 50 Implication of terminology used in these Regulations: Common stations and stops refer to the terminal and hub stations and stops common to two or more lines. A repeated line refers to a new line more than 70 percent of which runs along an old line, or a new line that runs along the main sections of an old line where the majority of passengers board the bus, tram or trolleybus and whose terminals are near those of an old line. Cities and towns refer to the central city, new city, central town and ordinary town. Rate of violation of regulations by drivers, conductors or dispatchers refers to the percentage of person-times of violation of regulations by drivers, conductors or dispatchers over the total of drivers, conductors and dispatchers holding service certificates. Article 51 Line operators who started business before these Regulations took effect shall complete the formalities with the Municipal Communications Administration for the rights to line operation. Article 52 These Regulations shall become effective on January 1, 2001. |
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