(1June 995 16 Adopted at the 19th meeting of the Standing Committee of the Tenth Shanghai Municipal People's Congress. According to 1 Decision on Amending the Regulations of Shanghai Municipality on Taxi Management at the 36th meeting of the Standing Committee of the Tenth Shanghai Municipal People's Congress on May 27th, 997, the first amendment was made according to 2001June1. The 25th meeting of the Standing Committee of the 11th Shanghai Municipal People's Congress was amended for the second time according to the decision of the 7th meeting of the Standing Committee of the 12th Shanghai Municipal People's Congress on June 22nd, 2006 on amending the Regulations on Taxi Management.
Chapter I General Provisions
Article 1 In order to strengthen the management of taxis in this Municipality, improve the service quality of taxis, protect the legitimate rights and interests of passengers, users, taxi operating enterprises, individual industrial and commercial households (hereinafter referred to as operators) and their employees, and meet the needs of urban economic development and people's life, these Regulations are formulated in accordance with relevant national laws and regulations and combined with the actual situation of this Municipality.
Article 2 Taxi as mentioned in these Regulations refers to buses that provide passenger service or vehicle rental service according to the wishes of passengers and users.
Passenger service refers to taxi business activities that provide transportation services according to passengers' wishes and charge by mileage and time.
Vehicle rental service refers to the taxi business activities in which users rent passenger vehicles without drivers and charge by time.
Article 3 These Regulations shall apply to taxi operators, employees, passengers, users and units and individuals related to taxi business in this Municipality.
Article 4 Shanghai Municipal Transportation Bureau (hereinafter referred to as the Municipal Transportation Bureau) is the administrative department in charge of taxi industry in this Municipality, and is responsible for organizing the implementation of these Regulations; Its subordinate Shanghai Urban Transportation Management Office (hereinafter referred to as the Municipal Transportation Management Office) is responsible for the specific implementation of the daily management of taxi passenger transport in this city, and directly carries out the daily management and supervision of taxi passenger transport in Huangpu, Luwan, Xuhui, Changning, Jing 'an, Putuo, Zhabei, Hongkou and Yangpu; Shanghai Urban Traffic Administrative Law Enforcement Corps (hereinafter referred to as the Municipal Traffic Law Enforcement Corps), which belongs to the Municipal Transportation Bureau, is specifically responsible for the supervision and inspection of taxi passenger transport in this Municipality, and shall impose administrative penalties in accordance with the provisions of these Regulations.
The traffic administrative departments of Pudong New Area, Minhang, Baoshan, Jiading, Jinshan, Songjiang, Nanhui, Fengxian, Qingpu, Chongming and other districts and counties (hereinafter referred to as the traffic administrative departments of districts and counties) are responsible for organizing the taxi passenger transport management within their respective administrative areas. The transportation management organization under the county administrative department of transportation (hereinafter referred to as the county transportation management organization) is responsible for the specific implementation of the daily management and supervision of taxi passenger transport within their respective administrative areas; The traffic administrative law enforcement agency under the county traffic administrative department (hereinafter referred to as the county traffic management agency) is responsible for the specific implementation of the supervision and inspection of taxi passenger transport within its administrative area, and the implementation of administrative penalties in accordance with the provisions of these regulations.
The relevant administrative departments of this Municipality shall, in accordance with their respective responsibilities, coordinate the implementation of these Regulations.
Fifth taxis in this city should be coordinated with other public transport modes.
The development plans and plans for the number of taxis, parking lots (garages), business stations and dispatching networks shall be compiled by the Municipal Transportation Bureau according to the actual situation of urban construction and social and economic development, and implemented after being reported to the Municipal People's Government for approval.
Sixth taxi industry should be unified management, legal operation and fair competition.
Taxi operating charges and charging standards shall be formulated in accordance with the relevant provisions of the state and this Municipality, so as to be fair and reasonable.
Seventh taxi industry management departments and their staff should be managed according to law, impartial, civilized service.
Article 8 Operators shall abide by national laws, regulations and these Regulations and safeguard the legitimate rights and interests of passengers, users and employees.
Chapter II Management of Business Qualification
Article 9 An enterprise engaged in passenger service must meet the following conditions:
(a) there are passenger vehicles and corresponding funds that meet the prescribed requirements;
(2) Having a parking lot and business premises that meet the requirements;
(3) Having quality inspection, safety management personnel and drivers who meet the specified requirements;
(4) Having a management system suitable for the business plan.
Tenth individual industrial and commercial households engaged in passenger service must meet the following conditions:
(a) there are passenger vehicles and corresponding funds that meet the prescribed requirements;
(2) Having a parking place that meets the prescribed requirements;
(three) driving a taxi for more than two years;
(four) there is a certificate issued by the taxi business enterprise recognized by the Municipal Transportation Bureau and other departments to accept the entrusted operation.
Eleventh taxi drivers must meet the following conditions:
(1) Having a permanent residence in this Municipality;
(2) Having a junior high school education or above;
(3) Holding a motor vehicle driver's license issued by the public security department of this Municipality;
(four) through the taxi vocational training;
(5) Abide by laws and regulations.
Drivers who have been disqualified from passenger service shall not serve as taxi drivers within five years from the date of disqualification.
Twelfth operators engaged in vehicle rental services must abide by the provisions of items (1), (2) and (4) of Article 9.
Thirteenth enterprises and individuals engaged in passenger transport services or vehicle rental services shall apply to the Municipal Transportation Bureau and provide relevant documents and materials; Among them, enterprises engaged in regional passenger transport services only need to apply to the district and county traffic administrative departments and provide relevant documents and materials.
The Municipal Transportation Bureau or the district/county traffic administrative department shall, within 30 days after receiving the application and relevant documents and materials, make an audit decision according to the development plan of the taxi industry in this Municipality and the conditions of the applicant. If it is approved, a license shall be issued; If not approved, notify the applicant in writing.
Article 14 Enterprises and individuals that are approved to engage in passenger transport services or vehicle rental services shall go through the formalities of business license, tax registration, special vehicle license plate and insurance respectively with the license certificate issued by the Municipal Transportation Bureau or the district/county traffic administrative department.
If the formalities are completed in accordance with the provisions of the preceding paragraph, the Municipal Transportation Bureau or the district/county traffic administrative department shall issue the business qualification certificate, the Municipal Transportation Management Office or the district/county transportation management institution shall issue the vehicle operation qualification certificate, and the Municipal Transportation Management Office shall issue the driver operation qualification certificate.
Those who are approved to engage in regional taxi business shall operate in the approved area.
Without approval, vehicles in this city shall not be used for taxi business activities; Non-local vehicles shall not be used for taxi business activities whose starting point and ending point are within the administrative area of this Municipality.
Fifteenth individual industrial and commercial households engaged in passenger service drivers, shall comply with the provisions of article eleventh of these regulations, and within ten days from the date of employment, the Municipal Transportation Management Office for the record.
If the hired driver violates these provisions, the employer shall bear corresponding legal responsibilities.
Article 16 The Municipal Transportation Bureau and the traffic administrative departments of districts and counties shall review the qualifications of operators every year.
Article 17 Where an operator changes the industrial and commercial registration items or closes down, it shall, within 10 days from the date of the change or closure, go through the relevant formalities at the Municipal Transportation Bureau or the district/county traffic administrative department with the certificate of the relevant department.
Chapter III Passenger Transport Service Management
Eighteenth operators should strengthen the management of passenger service vehicles:
(a) passenger service vehicles shall not be handed over to people who are not allowed to drive;
(two) passenger service vehicles need to be closed for more than ten days, and must be filed with the municipal transportation management office or the district/county transportation management institution;
(three) passenger service vehicles need to withdraw from the business, must go through the cancellation procedures at the municipal transportation management office or the district/county transportation management institution;
(4) Compliance with other relevant regulations.
Passenger service vehicles must meet the following requirements:
(a) the body, carriage and luggage compartment are clean and tidy;
(two) the road meter and air conditioning facilities are in good condition;
(3) The operation qualification certificate and special vehicle number plate are clear and effective;
(four) set up service signs such as charging standards, enterprise name, supervision telephone number and license plate number in the designated position in the carriage;
(five) in accordance with the provisions of the installation of bus meter;
(six) passenger cars are equipped with anti-hijacking facilities and overhead lights in accordance with the regulations;
(seven) meet other requirements of passenger service standards for vehicles.
Special passenger service vehicles approved by the Municipal Transportation Management Office may not be subject to the restrictions specified in Items (4), (5) and (6) of the preceding paragraph.
Nineteenth passenger services are carried out by hand, telephone reservation and venue rental.
Operators and their employees shall provide passengers with convenient, timely, punctual, safe and civilized services, giving priority to the elderly, the sick, the disabled and the passengers in urgent need of assistance.
In case of emergency rescue and disaster relief, serious shortage of vehicles at major passenger distribution points, major events and other special circumstances, the operator shall obey the unified command of the Municipal Transportation Management Office or the district/county transportation management institution.
Twentieth operators and their employees shall implement the charging standards approved by the municipal price department, and use the fare invoices printed by the Municipal Transportation Bureau in conjunction with the municipal tax department in accordance with the provisions.
Passenger fares include passenger accident insurance.
Twenty-first city traffic bureau and the district/county traffic administrative department shall, jointly with the public security department, set up temporary stopping points for taxi passengers to get on and off according to the principle of facilitating passengers and road conditions.
Twenty-second airports, railway stations, passenger terminals, long-distance bus stations and other public places, as well as new residential areas and economic and technological development zones, should set up taxi business stations and corresponding parking spaces.
The main taxi service stations are open to the whole industry, and the relevant enterprises designated by the Municipal Transportation Management Office or the district and county transportation management institutions conduct daily management, but they shall not monopolize the operation. Vehicles entering the station for business must obey unified dispatching and accept management.
Unified planning and construction of the taxi business station and the corresponding parking lot, need to close or change the use, it shall be approved by the urban planning management department and the public security department, and within ten days from the date of approval, to the Municipal Transportation Bureau or the district traffic administrative department for the record.
Twenty-third open taxi service station dispatcher shall comply with the following provisions:
(a) wear service marks, dress neatly and be polite to guests;
(two) vehicles must be supplied and dispatched in an orderly manner, and vehicles should be mobilized in time to evacuate passengers;
(three) to stop the driver from refusing to transport passengers and disobeying the dispatch.
Twenty-fourth passenger service drivers shall comply with the following provisions:
(1) Dress neatly, be polite, and don't smoke in the carriage;
(2) Carrying a business qualification certificate that meets the requirements;
(3) Failing to stop when boarding or disembarking;
(4) Driving according to a reasonable route or a route required by passengers;
(five) operating the meter in accordance with the provisions;
(six) according to the standard charge and issue a fare invoice;
(seven) meet the requirements of other relevant passenger service standards.
Twenty-fifth passenger service drivers shall not refuse to transport passengers, one of the following acts belongs to refuse to transport passengers:
(a) after the running vehicle turns on the empty sign light, the passengers wave not to carry passengers;
(two) driving a vehicle in the business station after turning on the empty sign light does not obey the dispatch;
(three) after turning on the empty sign light, the driving vehicle refuses to carry it at the passenger collection and distribution point or the roadside for rent;
(four) during the operation of passenger transport, the service is interrupted without justifiable reasons.
Twenty-sixth passengers shall abide by the provisions of these regulations and traffic management, and shall not park in places where vehicles are driving, parking at red lights or parking is prohibited.
Passengers should ride in a civilized manner and abide by the following provisions:
(1) Do not litter, smoke or defile vehicles;
(two) do not carry inflammable, explosive and other dangerous goods;
(three) not to mention that the driver violated the regulations and traffic management requirements;
(4) Drunken and mentally ill people must be supervised when traveling;
(5) Comply with other relevant regulations.
Twenty-seventh passengers should pay the fare and related expenses in accordance with the prescribed standards.
In any of the following circumstances, passengers may refuse to pay the fare:
(a) the rented small and medium-sized bus does not have a meter or has a meter that is not used;
(two) the driver does not issue a fare invoice or related documents;
(3) The rented bus breaks down within the initial mileage and cannot complete the delivery service.
Twenty-eighth passengers need to go out of the city at night or to suburban counties and remote areas, passenger service drivers can ask passengers to go to the public security organ for verification and registration, and report to their passenger service enterprises. Passengers should cooperate.
Twenty-ninth passenger service drivers can refuse to provide transport services for passengers who do not meet the provisions of Article 26 and Article 28 of these regulations.
Thirtieth passenger service driver found that passengers lost in the vehicle, should try to return it in time; If it cannot be returned, it shall be submitted to the Shanghai Stock Exchange in time. The enterprise shall properly keep it and report it to the municipal transportation management office or the district and county transportation management institution in a timely manner.
Passengers who lose their property in passenger service vehicles can report the loss to the passenger service enterprise or the municipal transportation management office or the district/county transportation management institution with the fare invoice.
Thirty-first operators shall, in accordance with the provisions of the Municipal Transportation Management Office or the district and county transportation management agencies to fill in the passenger service statistics.
Thirty-second operators shall pay business tax, road maintenance fee, passenger management fee and other taxes and fees in accordance with the provisions.
Chapter IV Management of Car Rental Services
Thirty-third operators should establish and improve the vehicle rental service management system, and abide by the following provisions:
(1) Operating in accordance with the approved business scope;
(two) in line with the standards approved by the municipal price department;
(three) using the fare invoice printed by the Municipal Transportation Bureau in conjunction with the municipal tax department;
(four) in accordance with the provisions of the Municipal Transportation Management Office to fill in the statistical report of vehicle rental services;
(five) in accordance with the provisions of the business tax, road maintenance fees and passenger management fees and other taxes.
Thirty-fourth rental service vehicles must meet the following requirements:
(1) Whether the mechanical parts are in good condition;
(two) the body, carriage and luggage compartment are clean and tidy;
(three) air conditioning, audio and other facilities in good condition;
(4) The operation qualification certificate and special vehicle number plate are clear and effective.
Rental service vehicles shall not be equipped with meter and dome light.
If the rental service vehicle needs to be closed down, the operator shall go through the relevant cancellation procedures at the Municipal Transportation Management Office.
Thirty-fifth users should submit relevant certificates or vouchers when renting vehicles. Operators may require users to provide corresponding property mortgage guarantee or a person with compensatory ability to provide guarantee.
The driver of the rental service vehicle must hold a valid motor vehicle driving license of the People's Republic of China.
Thirty-sixth operators engaged in vehicle rental services shall sign lease contracts with users in accordance with the relevant provisions of laws and regulations.
Article 37 After renting a vehicle, users shall not sublease the leased vehicle or use it for business activities without authorization.
Chapter V Inspection and Complaints
Thirty-eighth Municipal Transportation Management Office, Municipal Traffic Law Enforcement Corps, district and county transportation management agencies and district and county traffic law enforcement agencies shall strengthen the supervision and inspection of taxis. Passenger management personnel shall wear identification clothing and duty signs when performing inspection tasks on taxis at passenger flow distribution points and roads.
The Municipal Transportation Management Office and the district and county transportation management agencies shall supervise the business contracts signed by operators and employees.
Thirty-ninth city transportation management office, county transportation management agencies and taxi operating enterprises shall establish a complaint acceptance system to accept complaints and social supervision of violations of these regulations.
The complainant shall provide relevant evidence.
Fortieth city transportation management office or district transportation management institution shall handle the complaint within one month from the date of acceptance, but if the situation is complicated, it can be handled within three months.
After accepting the complaint, the operator shall make a reply within ten days from the date of acceptance. If you have any objection to the reply, you can complain to the Municipal Transportation Management Office or the district and county transportation management institutions.
Forty-first taxi employees in violation of these regulations or complaints, the enterprise shall assign a special person to accompany the employees to the municipal transportation management office or the district and county transportation management agencies to receive inquiries within the prescribed time limit.
City traffic law enforcement corps and district traffic law enforcement agencies shall implement a record system for passenger service drivers who violate these regulations. Passenger service drivers who have reached a certain record number shall participate in the education and training organized by the Municipal Transportation Management Office. The specific provisions of the filing system shall be formulated by the Municipal Transportation Bureau.
Forty-second passengers and taxi employees who have disputes about the source and charge of the car can immediately go to the Municipal Transportation Management Office or the district/county transportation management institution for handling. The fare from the rental time to the acceptance time shall be borne by the responsible person.
If passengers complain that the meter is inaccurate, the municipal transportation management office or the district/county transportation management institution shall immediately seal up the meter and its ancillary devices and send them to the technical supervision department for verification. The expenses arising therefrom shall be borne by the responsible person.
Forty-third complaints exceed the standard fees, the accepting unit can reward the complainant after verification.
Chapter VI Legal Liability
Forty-fourth operators who violate these regulations shall be punished by the municipal traffic law enforcement corps and district traffic law enforcement agencies in accordance with the following provisions:
(a) in violation of article ninth, article tenth and article twelfth, shall be ordered to make rectification within a time limit;
(two) in violation of the provisions of article seventeenth, the second paragraph of article eighteenth, the second paragraph of article twenty-second, the second paragraph of article thirty-fourth, the second paragraph of article fortieth, and the provisions of article forty-first, it shall be ordered to make corrections, and may be fined between two hundred yuan and two thousand yuan;
(three) in violation of the first paragraph of article eighteenth and the third paragraph of article nineteenth, it shall be ordered to make corrections and impose a fine of two thousand yuan and five thousand yuan;
(four) in violation of the first paragraph of article twentieth and article thirty-third (1), (2) and (3), the illegal income shall be confiscated and a fine of not less than one thousand yuan but not more than five thousand yuan may be imposed;
(five) in violation of the third paragraph of article twenty-second, shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of one hundred yuan or more and one thousand yuan or less may be imposed;
Operators who violate the provisions of Articles 31, 32 and 33 (4) and (5) shall be punished in accordance with the relevant provisions of laws and regulations.
Operators who violate these regulations in serious cases shall be ordered by the Municipal Traffic Law Enforcement Corps and the district/county traffic law enforcement agencies to suspend some or all vehicles for less than 0/5 days, or their taxi business qualifications shall be cancelled by the Municipal Transportation Bureau and the district/county traffic administrative departments.
Forty-fifth passenger service drivers who violate these regulations shall be punished by the Municipal Traffic Law Enforcement Corps and the district traffic law enforcement agencies in accordance with the following provisions:
(a) in violation of the third paragraph of article fourteenth, shall be ordered to correct immediately, and may be fined two hundred yuan;
(two) in violation of the first paragraph of article twentieth, article twenty-fourth (four), (five) and (six), the illegal income shall be confiscated, and a fine of two hundred yuan or more and two thousand yuan may be imposed;
(three) in violation of the second paragraph of article twenty-second, article twenty-fourth (a), (two), (three) and (seven), shall be ordered to make corrections, and may be fined fifty yuan to two hundred yuan;
(four) in violation of article twenty-fifth, shall be ordered to suspend business for fifteen days, and impose a fine of two hundred yuan.
Drivers who seriously violate these regulations shall be ordered by the municipal traffic law enforcement corps and district traffic law enforcement agencies to suspend business for less than fifteen days, or cancel their passenger business qualifications.
Forty-sixth business station dispatchers who violate Article 23 shall be ordered by the Municipal Traffic Law Enforcement Corps and the county-level traffic law enforcement agencies to make corrections, and may be fined not less than 20 yuan but not more than 100 yuan; If the circumstances are serious, the qualification for dispatch shall be cancelled.
Forty-seventh passengers who violate the provisions of the second paragraph of article twenty-sixth and cause losses to the vehicle shall be compensated; Violation of the first paragraph of article twenty-seventh, can be handled by the public security organs or the municipal traffic law enforcement corps, district and county traffic law enforcement agencies.
Forty-eighth users in violation of article thirty-seventh, by the municipal traffic law enforcement corps, district traffic law enforcement agencies shall be ordered to make corrections, confiscate the illegal income, and may impose a fine of more than one thousand yuan to three thousand yuan.
Forty-ninth engaged in taxi business without authorization, the illegal income shall be confiscated by the Municipal Traffic Law Enforcement Corps and the district and county traffic law enforcement agencies, and a fine of 2,000 yuan to 50,000 yuan shall be imposed.
If there is any illegal act mentioned in the preceding paragraph, the Municipal Traffic Law Enforcement Corps and the district/county traffic law enforcement agencies may detain the vehicle and issue a detention certificate. If the administrative punishment decision is fulfilled on schedule after the seizure, the Municipal Traffic Law Enforcement Corps and the district and county traffic law enforcement agencies shall immediately lift the seizure and return the detained vehicle; If the decision on administrative punishment is not fulfilled within the time limit, the municipal traffic law enforcement corps and the district and county traffic law enforcement agencies may auction the detained vehicles in accordance with the relevant provisions.
Fiftieth refused to accept or hinder the inspection of passenger management personnel, by the municipal traffic law enforcement corps, county traffic law enforcement agencies shall be ordered to make corrections, and impose a fine in 200 yuan; If the circumstances are serious, it may be ordered to suspend business for less than fifteen days.
Obstruct passenger management personnel from performing official duties, in violation of the "People's Republic of China (PRC) Public Security Administration Punishment Law", shall be given administrative punishment by the public security organs; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 51 For the operators whose taxi business qualification has been cancelled, the Municipal Transportation Bureau and the district/county traffic administrative departments shall request the industrial and commercial departments to revoke their business licenses according to law, and the tax and public security departments shall cancel their tax registration, and collect the fare invoices and special taxi licenses.
Fifty-second penalties for violations of these regulations can be combined.
Article 53 The municipal traffic law enforcement corps and the district/county traffic law enforcement agencies may detain the driver's operation qualification certificate and issue a detention certificate before making a decision on administrative punishment for acts violating these regulations, requiring the parties concerned to go to the designated place for treatment within the prescribed time limit.
The municipal traffic law enforcement corps and district traffic law enforcement agencies shall make administrative penalties in accordance with the provisions of the Administrative Punishment Law of the People's Republic of China.
Article 54 If a party refuses to accept a specific administrative act, it may apply for administrative reconsideration or bring a lawsuit to a people's court in accordance with the Administrative Reconsideration Law of People's Republic of China (PRC) and the Administrative Procedure Law of the People's Republic of China.
If a party fails to apply for reconsideration, bring a lawsuit or perform the decision on administrative punishment within the time limit, the organ that made the decision on administrative punishment shall apply to the people's court for compulsory execution.
Article 55 If the passenger transport management personnel or relevant management personnel violate these regulations, abuse their powers, engage in malpractices for selfish ends, neglect their duties, they shall be given administrative sanctions by their units or the competent department at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 56 The specific application of these Regulations shall be interpreted by the Municipal Transportation Bureau.
Article 57 These Regulations shall come into force on 1 September 19951day.