Shaanxi Province Road Transportation Management Regulations Full Edition
Chapter I General Provisions
Article 1 In order to strengthen the management of road transport, maintain the market order of road transport, safeguard the legitimate rights and interests of operators and their clients, and promote the development of road transport, these Regulations are formulated according to the actual situation of this province.
Article 2 The term "road transport" as mentioned in these Regulations includes road passenger transport, cargo transport, automobile maintenance, handling and transportation services.
Article 3 These Regulations shall apply to road transport operators in this province, their customers and road transport operators.
These Regulations shall not apply to the non-business road transport activities of citizens, legal persons and other organizations.
Non-business road transport activities refer to road transport that serves the production and life of the company and the unit without cost settlement.
Article 4 The transportation departments of the people's governments at or above the county level shall be in charge of road transportation within their respective administrative areas.
Road transport management institutions at or above the county level shall be responsible for the specific implementation of road transport management.
Public security, construction, quality and technical supervision and other relevant administrative departments shall, in accordance with their respective responsibilities, do a good job in road transport management.
Article 5 The transportation departments of the people's governments at or above the county level shall, according to the needs of economic and social development, formulate road transportation development plans and organize their implementation.
Article 6 The road transport industry shall follow the principles of unification, openness, fair competition, standardization and order, encourage large-scale and intensive operation, and prohibit regional blockade and market segmentation.
People's governments at all levels shall rationally allocate road transport resources, and where conditions permit, a bidding system for the right to operate road transport may be implemented.
Article 7 Road transport operators shall carry out emergency transport tasks such as emergency rescue, disaster relief and military affairs assigned by the people's governments at or above the county level, and obey the organization and scheduling of the transportation departments.
Chapter II Commencement and Termination of Business
Eighth road transport operators must have the equipment, facilities, funds, professionals and other business conditions that are suitable for the business types and scope stipulated by the industry.
The competent department of transportation shall announce the opening conditions to the public.
Article 9 Anyone who applies to engage in road transport business shall submit a written application to the local road transport management institution at or above the county level, obtain a road transport business license after approval, and go through industrial and commercial registration and tax registration according to law before starting business.
The road transport management institution shall examine and approve the application for engaging in road transport business, which shall not exceed twenty working days if it belongs to the operation in the province; Inter-provincial operations shall not exceed thirty working days.
The road transport management institution shall issue road transport certificates and operation signs to vehicles engaged in passenger and freight transport.
Road transport management institutions at or above the county level shall be responsible for the examination and approval of road transport operations in accordance with laws and administrative regulations.
Eleventh approved to engage in road transport business, must operate in accordance with the approved business category, scope and region. Road transport permits and operating signs must be carried with the vehicle.
Article 12 Where an operator changes its business category, business scope and business area, it shall go through the formalities for changing its business license in accordance with the provisions of Article 10 of these Regulations.
Where an operator suspends business, it shall go through the formalities of suspension at the original issuing authority.
Thirteenth operators who have obtained the right to operate road transport through bidding can only operate after going through the relevant procedures in accordance with the regulations.
The bidding activities for the right to operate road transport are organized by the road transport management institution with corresponding examination and approval authority.
The specific measures for bidding for the right to operate road transport shall be formulated by the provincial people's government.
Chapter III Passenger Transport
Article 14 Road passenger transport refers to the activity of using qualified vehicles to carry passengers on the road.
Fifteenth fixed line passenger vehicles must be operated in accordance with the approved operating lines, shifts and stations, and shall not be changed or off-duty without authorization. Passenger vehicles without fixed lines should choose economic and reasonable line operation according to passenger demand.
Sixteenth passenger vehicles should be placed in the designated location operating signs, announced the fare, indicating the business unit and telephone supervision.
Tourist vehicles should be placed in the designated location in marks and numbers.
Seventeenth class line passenger vehicles must be operated in accordance with the relevant provisions, and shall not be parked outside the station without authorization.
Passenger vehicles passing through the city need to set up roadside stops, which shall be determined by the transportation department in consultation with the public security and urban construction departments.
Eighteenth freight vehicles and other vehicles that do not have the conditions to carry passengers shall not engage in passenger transport.
Nineteenth passenger transport operators shall have the following acts:
(1) Too many people and overload;
(2) beat around the bush to attract tourists;
(three) to attract passengers by deception, coercion, threats and other improper means;
(4) Terminating transportation without reason or changing trains halfway, and transferring passengers to other operators for transportation;
(5) Forging, reselling, transferring or altering road transport certificates and operation signs.
Chapter IV Vehicle Maintenance and Inspection
Article 20 If a passenger takes a wrong ride due to the fault of the carrier, the carrier shall arrange to take another vehicle or pay double the fare according to the passenger's wishes. If passengers are injured or their luggage is lost due to traffic accidents or other liability accidents, the carrier shall bear civil liability for compensation according to law.
Twenty-first passenger transport operators, drivers and flight attendants should maintain the order in the car and take measures to protect the personal and property safety of passengers.
Twenty-second passenger transport operators and passengers shall abide by the laws, regulations and operating rules of traffic and safety production to ensure traffic safety.
Passenger transport operators and passengers should operate in a civilized manner, standardize their services and be polite.
Twenty-third bus stations should be equipped with safety inspection facilities to carry out safety inspection on the articles carried by passengers. Passengers are not allowed to bring dangerous goods and contraband into the passenger station to wait and ride.
Chapter V Transportation of Goods
Article 24 The transportation of goods includes general goods transportation and special goods transportation.
Freight transport operators shall provide vehicles with technical grade above Grade II according to the types of goods. Don't overload transportation.
Twenty-fifth operators shall operate according to law, and shall not monopolize the supply of goods and compulsory transportation business.
Article 26 When carrying goods, the carrier must sign the waybill and carry it with the vehicle. The carrier shall go through the formalities in accordance with the relevant provisions when transporting the restricted or certified goods.
The carrier shall not carry articles expressly prohibited.
Twenty-seventh LTL freight shuttle bus to implement fixed line, fixed point, fixed frequency operation, operators are not allowed to change.
Twenty-eighth engaged in the transport of dangerous goods, bulky and other special goods, should be handled in accordance with the relevant provisions of the transport of special goods.
It is forbidden to use vehicles that do not meet the requirements to carry dangerous goods. Vehicles carrying dangerous goods should be equipped with dangerous goods signs and numbers.
Article 29 In the course of cargo transportation, if the cargo is lost or damaged due to the carrier's responsibility, the carrier shall bear civil liability for compensation according to law.
Thirtieth automobile maintenance operators shall operate in accordance with the technical categories approved by the transportation departments, and shall not undertake automobile maintenance beyond the approved business scope.
Article 31 automobile maintenance operators shall implement the maintenance technical standards and process specifications of their own industries and regions, and shall not use accessories and materials that do not meet the quality standards to maintain vehicles, or undertake the maintenance of scrapped vehicles or assemble vehicles with maintenance accessories.
Thirty-second automobile maintenance should implement the maintenance contract system, the completion factory certificate system, the completion quality guarantee period system and the completion quality inspection system. If the repaired vehicle fails due to the maintenance quality during the warranty period, the repairer shall repair it free of charge; Those who cause accidents shall bear civil liability for compensation according to law.
Article 33 Commercial vehicles must be subject to secondary maintenance, vehicle technical grade evaluation and comprehensive performance testing in accordance with regulations. Those who fail the exam may not engage in homework.
Thirty-fourth vehicle comprehensive performance testing operators shall, in accordance with the approved technical level and testing technical standards, carry out comprehensive performance testing of transport vehicles and provide testing reports.
The quality and technical supervision department shall conduct regular metrological verification of the testing instruments and equipment of the vehicle comprehensive performance testing station according to law to ensure the accuracy of the testing results.
Chapter VI Handling, Loading and Unloading and Transportation Services
Thirty-fifth handling personnel shall operate in accordance with the handling procedures. If there are special requirements for the handling and loading of goods, the operation must be carried out in accordance with the requirements indicated on the package of goods.
If the cargo is poor or damaged due to improper operation of the stevedores, they shall bear civil liability for compensation according to law.
Thirty-sixth transport of dangerous goods must use special tools and protective equipment.
Drivers, loading and unloading managers and escorts engaged in the transport of dangerous goods shall pass the examination by the transportation departments of the municipal people's governments with districts where they are located and obtain post qualification certificates.
Article 37 The establishment and construction of passenger and freight stations (yards) shall conform to the requirements of the overall urban planning and road transport network construction planning, and shall be uniformly set up by the competent department of transportation.
Passenger and freight stations (fields) shall standardize their services and operate in a civilized manner, and shall not refuse the operation of approved commercial vehicles.
The bus terminal shall be equipped with safety inspection facilities in accordance with the regulations to carry out safety inspection on dangerous and prohibited items carried by passengers.
Passengers should accept the safety inspection of dangerous and prohibited items at the passenger station.
Thirty-eighth passenger and freight stations (yards), without the consent of investors and the approval of the Department in charge of transportation, no one may transfer or change the nature of use.
Thirty-ninth transport information operators should provide timely and accurate information. If economic losses such as idling of vehicles and delay in cargo transportation are caused by information errors, they shall bear civil liability for compensation according to law.
Article 40 Warehousing tally operators shall classify goods according to their nature, storage requirements and expiration date to ensure that the goods are in good condition. If losses are caused by improper storage, it shall bear civil liability for compensation according to law.
Article 41 A car rental operator shall sign a car rental contract with the lessee and provide the vehicles and auxiliary tools agreed in the contract.
Forty-second passenger and freight transport agents and intermodal service operators shall entrust the accepted business to carriers with business qualifications. When compensation for transportation accidents occurs, compensation should be made first, and then recourse should be made from the carrier.
Forty-third car cleaning and decoration operators should have special venues and facilities.
Forty-fourth automobile driver training schools (classes) shall implement the syllabus and training standards stipulated by the Provincial Department of Transportation, and train drivers in accordance with the approved teaching scope. Without training and training examination unqualified, shall not issue a training certificate.
Chapter VII Supervision and Inspection
Forty-fifth traffic administrative departments and their subordinate road transport management institutions shall supervise and inspect the road transport business activities according to law, maintain the road transport business order, and ensure the safety of transportation production.
Road transport supervision and inspection should be mainly carried out in road transport business units and business activities stations (points).
According to the need to investigate and deal with illegal vehicles, with the approval of the provincial people's government, the road transport management institution can patrol on the road, but it shall not affect the passage of other vehicles.
The specific provisions of road patrol shall be formulated by the provincial people's government.
Article 46 The supervision and inspection personnel of the traffic administrative department and the road transport management institution to which they belong shall wear law enforcement signs and produce the administrative law enforcement certificates uniformly issued by the provincial people's government or the traffic administrative department of the State Council.
Special vehicles used for road transport supervision and inspection shall be provided with uniform body marks.
Article 47 Road transport operators shall accept supervision and inspection, truthfully provide information, and shall not refuse or hinder the supervision and inspection personnel from performing their official duties.
Forty-eighth traffic administrative departments and their subordinate road transport management institutions shall order the parties to accept the treatment at the designated place if they find any of the following circumstances. Refuse to accept the treatment, you can detain the operating vehicle and park it at the designated place.
(a) engaged in road passenger and freight transport business activities without a "Road Transport Certificate";
(two) the use of vehicles that do not meet the requirements to transport dangerous goods;
(three) there are major security risks.
The seizure of the vehicle of the party concerned must be approved by the principal responsible person of the road transport management institution at or above the county level, and the road transport management institution shall issue a seizure certificate and promptly notify the party concerned to go to the designated place for handling within seven days. After the parties accept the treatment, the road transport management institution shall return the detained vehicle on the same day. The road transport management institution shall properly keep the detained vehicles and shall not use them.
The road transport management institution shall help the carrier to contact the vehicle and transfer the passengers and goods of the detained vehicle in time; Where the goods are perishable or deteriorated, they shall be properly disposed of; Dangerous goods should be handled together with the public security department. The relevant expenses incurred after the impoundment shall be borne by the carrier.
If the road transport management institution illegally detains vehicles and causes losses to the parties concerned, it shall make compensation according to law.
If the party concerned refuses to accept the handling by the road transport management institution within 90 days, the organ that made the handling decision may auction the detained vehicle according to law. If the auction proceeds remain after paying the fine, they shall be returned to the parties concerned; If it is not enough to pay the fine, it shall be recovered.
Forty-ninth in violation of these regulations, citizens, legal persons or other organizations have the right to report and complain to the traffic administrative department and its subordinate road transport management institutions. After receiving reports and complaints, the traffic administrative department and its affiliated road transport management institution shall promptly investigate and deal with them and make a reply within fifteen days.
Chapter VIII Legal Liability
Fiftieth in violation of the provisions of this Ordinance, any of the following circumstances, shall be ordered to make corrections, given a warning, and impose a fine of not less than twenty yuan but not more than two hundred yuan:
(1) Failing to carry the road transport license and operation sign with the vehicle;
(two) passenger vehicles do not operate according to the approved frequency and site;
(three) the carrier does not sign the waybill or does not carry it with the vehicle;
(four) passenger vehicles are not placed in the designated location operating line signs, posted fare tables and did not indicate the business unit, reporting supervision telephone.
Fifty-first in violation of the provisions of this Ordinance, any of the following circumstances, shall be ordered to make corrections, given a warning, and impose a fine of more than three hundred yuan and three thousand yuan:
(1) The maintenance operator undertakes to repair the vehicle beyond the approved business scope, and fails to sign a contract with the trustee in accordance with the provisions or to repair the vehicle in accordance with the technical standards;
(two) passenger vehicles are overcrowded, overloaded, circling or soliciting passengers by means of deception, coercion or threat;
(three) the operating vehicles do not carry out secondary maintenance or technical grade evaluation according to the regulations;
(four) the passenger transport operator terminates the transport without reason or transfers the passengers to other operators;
(5) Failing to provide the comprehensive performance test report of the vehicle truthfully.
Fifty-second in violation of the provisions of this Ordinance, any of the following circumstances, confiscate the illegal income, and impose a fine of five hundred yuan and three thousand yuan; If the circumstances are serious, the road transport permit may be temporarily suspended or ordered to suspend business for one to three months:
(1) Changing its business or suspending its business without going through the formalities for changing or suspending its business;
(two) the operator arbitrarily changes the approved business lines and categories;
(three) the use of invalid road transport permits to engage in passenger and freight transport;
(four) to change the nature of the use of passenger and freight stations (fields) without authorization, or to increase the charging items and raise the charging standards;
(5) Forging, reselling, transferring or altering road transport certificates, business signs and cargo waybills;
(six) automobile driver training schools and training courses provide training certificates for untrained and unqualified personnel;
(seven) the use of accessories and materials that do not meet the quality standards to repair vehicles or the use of maintenance accessories to assemble cars;
(8) Failing to go through relevant formalities in transporting dangerous goods or using vehicles that do not meet the specified technical conditions;
(nine) the operator monopolizes the supply of goods and forcibly handles the transportation business;
(ten) passenger and freight transport agents, transport operators, accept the business of carriers without business qualifications, causing great losses;
(eleven) the bus stop does not carry out safety inspection according to the regulations.
Fifty-third in violation of the provisions of this Ordinance, any of the following circumstances, confiscate the illegal income, and impose a fine of more than three thousand yuan and ten thousand yuan; If a business license has been obtained, the business license may be revoked:
(a) the use of vehicles that do not meet the technical level or scrapped vehicles to engage in passenger and cargo transportation;
(2) Repairing scrapped vehicles.
Article 54 The administrative punishment stipulated in these Regulations shall be implemented by the transportation department of the people's government at or above the county level or the road transport management institution to which it belongs in accordance with the Administrative Punishment Law of the People's Republic of China.
If the illegal act has been punished, other departments or institutions shall not punish the same illegal act repeatedly.
The parties have the right to request a hearing on the administrative punishment of ordering to suspend business, revoking the road transport business license and imposing a fine of more than 3,000 yuan.
Fifty-fifth acts in violation of these regulations, other laws and regulations have penalties, from its provisions; Violation of the Regulations of the People's Republic of China on Administrative Penalties for Public Security shall be dealt with by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Fifty-sixth road transport operators who refuse to accept the punishment decision may apply for administrative reconsideration or bring a lawsuit to the people's court according to law; If it fails to apply for reconsideration, prosecute or execute the punishment decision within the time limit, the organ that made the punishment decision may apply to the people's court for compulsory execution.
Fifty-seventh government functionaries, road transport law enforcement personnel have one of the following acts, shall be given administrative sanctions by their units or higher authorities; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law:
(1) Infringement of the personal rights and property rights of road transport operators and employees;
(two) abuse of power, bribery, favoritism, unauthorized license does not meet the conditions of units and individuals engaged in road transport;
(three) illegally set up stations, set up checkpoints, and intercept vehicles, and the punishment is obviously improper;
(four) there is no legal basis for charging fees, fines or fines are not turned over;
(five) dereliction of duty, serious dereliction of duty.
Chapter IX Supplementary Provisions
Article 58 These Regulations shall come into force as of April 1 2000.
Code for the use of road transport permits
1, check the certificate. Such as business license, vehicle driving license, industrial and commercial business license, vehicle insurance procedures, identity cards, etc. 2. Issue certificates. The transport personnel will combine the operation license and the transportation management fee payment certificate into a road transport license and issue it to the operators.
3. If the vehicle transportation violates the regulations and needs to be detained for post-treatment, the main license shall be detained, and the director's permission and validity period (the longest validity period shall not exceed 15 days) shall be filled in on the back of the secondary page, and the driver shall continue driving with the certificate to be managed on the secondary page after being stamped by the inspection department. After processing, return to the main card and the secondary page will be inserted into the main card.
4. In case of illegal transportation of foreign vehicles, it shall be handled by the road transport management institution where the vehicle is registered, and the main license shall be deducted, and the "certificate to be managed" shall be handed over to the operator to continue driving. At the same time, the notice of violation shall be filled out and sent to the road transport management institution where the vehicle is registered together with the main license. After dealing with the violator at the vehicle registration place, the result will be fed back to the road transport management institution at the place where the violation is found.
5. If the certificate is retained due to the annual review, the words "the certificate is retained due to the annual review" will be covered by the board of directors. The secondary page without the signature of the road transport management institution cannot be used alone.
6. Fill in the business license number column to confirm whether it is registered with the industry and commerce, and it does not need to be stamped with the seal of the industrial and commercial department, nor does it serve as the content of road inspection.
7. If the road transport permit is not examined annually according to the provisions of the road transport management institution, or is renewed once every three years, it shall be deemed invalid.
Description of business scope of road transport business license
1. Special transportation of goods refers to the transportation of goods by special vehicles such as containers, refrigeration and preservation equipment and tank containers, which are marked in brackets (containers, refrigeration and preservation equipment and tank containers).
2. The transportation of large objects is divided into one, two, three and four categories according to the Management Measures for the Transportation of Large Objects on Roads, and the categories are marked in brackets (only one number is marked).
3. The transport of dangerous goods shall be marked according to the categories and items specified in the Classification and Commodity Number of Dangerous Goods (GB 69442005). 1 is explosives, which are 1, 1, 2, 3, 4, 5 and 6 respectively. The second category is fuel gas, namely: category II 1, category II 2, category II 3; The third category is flammable liquids; The fourth category is flammable solids, substances that are prone to spontaneous combustion and substances that give off flammable gases when meeting water, namely: category IV 1, category IV 2, category IV 3; The fifth category is oxidizing substances and organic peroxides, namely: the fifth category 1 and the fifth category 2; The sixth category is toxic substances and infectious substances, that is, the sixth category 1 item, and the sixth category has two items; Category 7 is radioactive substances; Class 8 is corrosive substances; Category 9 is all kinds of dangerous substances and articles. If the licensee allows all categories of a certain category to be transported, or the category is not classified, fill in the category directly. If only the holder is allowed to transport specific dangerous goods, the name of the dangerous goods can be directly marked according to the List of Dangerous Goods (GB 12268-2005).
4. One or two types of motor vehicle maintenance (large and medium-sized bus maintenance, large and medium-sized truck maintenance, small vehicle maintenance) are marked in brackets, and one type of motor vehicle maintenance can be marked with dangerous goods transport vehicle maintenance. Three types of motor vehicle maintenance (engine repair, body maintenance, electrical system maintenance, automatic transmission maintenance, body cleaning and maintenance, painting, tire dynamic balance and repair, four-wheel alignment detection and adjustment, oil supply system maintenance and oil product replacement, fuel injection pump and nozzle maintenance, crankshaft grinding, cylinder boring and grinding, radiator (water tank) maintenance, air conditioning maintenance, vehicle decoration (tarpaulin, cushion and interior decoration) and vehicle glass) are marked in brackets. Other motor vehicle maintenance is marked in brackets according to the above requirements.
5. The comprehensive driver training category refers to the motor vehicle driver training institutions with two or more vehicle training capabilities, and fill in C 1, C2, C3, C4, B 1, B2, A 1, A2, A3, D, E, F, M, N and P; Special driver training category refers to a motor vehicle driver training institution with only one vehicle training capability, and fill in one of C 1, C2, C3, C4, B 1, B2, A 1, A2, A3, D, E, F, M, N and P.
6. The training programs of road transport qualification training are divided into passenger and freight transport drivers, dangerous goods transport drivers and other employees, and one or more items should be filled in.