Interim Measures for the Management of Network Car Service Management

This afternoon, the State Council Information Office held a press conference. The responsible persons of the Ministry of Communications, the Ministry of Public Security, and the General Administration of Quality Supervision, Inspection and Quarantine introduced the "Guiding Opinions on Deepening Reform and Promoting the Healthy Development of the Taxi Industry" (hereinafter referred to as "Guiding Opinions"). Relevant information on the Interim Measures for the Administration of Online Booking of Taxi Vehicles (hereinafter referred to as the “Interim Measures”) and answer questions from reporters.

According to Liu Xiaoming, deputy director of the Ministry of Transport, after two years of repeated discussions and revisions, the “Guiding Opinions on Deepening Reform and Promoting the Healthy Development of the Taxi Industry” and the Interim Measures for the Administration of Online Appointment of Taxi Management Services were Formed. 》.

The main tasks of the Guiding Opinions are reflected in six aspects: First, scientific positioning of taxi services. The second is to deepen the reform of the parade. The third is to standardize the development of the network car. The fourth is to encourage private car rides. The fifth is to create a good market environment. The sixth is to implement the responsibility for territorial management.

In addition, according to the “Interim Measures” drafted in accordance with the overall thinking of the reform, the development orientation of the high-quality service and differentiated operation of the network car was determined, and the responsibility of the carrier of the platform company and the conditions that the platform company, vehicle and driver should have should be stipulated. And made specific provisions on the company's business practices, vehicle scrapping, pilots' part-time employment, and joint supervision of the departments. In addition, according to the provisions of relevant laws and regulations and the scope of the administrative punishment, the relevant legal responsibilities are clarified.

The revised "Interim Measures" is divided into 7 chapters and 40 articles, covering 7 aspects, such as general rules, network car platform companies, network car vehicles and drivers, network car operating behavior, supervision and inspection, legal liability, and other regulations. content. The following are the main points:

I. Vehicles engaged in the operation of the network car: Issue the "Network Booking Taxi Transport Certificate"

The vehicles to be engaged in the operation of the network-related vehicles shall meet the following conditions:

(1) Passenger cars of 7 seats and below;

(2) installing a satellite positioning device and an emergency alarm device with a driving record function;

(3) The technical performance of the vehicle meets the requirements of relevant standards for operational safety.

The specific standards and operational requirements of the vehicle shall be determined by the corresponding administrative department of the taxi in accordance with the development principles of high-quality services and differentiated operations, combined with local actual conditions.

The administrative department of the taxi where the service is located shall apply according to the owner of the vehicle or the network car platform company, and after the examination according to the prescribed conditions, issue the “Network Appointment Taxi Transport Certificate” for vehicles that meet the conditions and are registered as reserved passengers.

2. Drivers engaged in network car service must have more than 3 years of driving experience.

The Interim Measures stipulates that drivers engaged in online car service should obtain motor vehicle driving licenses for the corresponding driving models and have more than three years of driving experience, no traffic accidents, dangerous driving crime records, no drug use records, no drinking. The driving record, in the last three consecutive scoring cycles, did not record 12 points, no violent crime records and other conditions stipulated by the city people's government.

3. When the mileage of the car is about 600,000 kilometers, the mandatory retirement period will be 8 years.

The "Interim Measures" stipulates that the network will be scrapped when it reaches 600,000 kilometers. When the mileage has not reached 600,000 kilometers but the service life has reached 8 years, the network is out of business. Small and micro-non-operating passenger vehicles registered as reserved passengers shall be scrapped according to the standards for the scrapping of vehicles. Other small and micro-operated passenger vehicles registered as reserved passengers shall be scrapped according to the standards first met in this type of operating passenger car scrapping standards and net car scrapping standards.

4. The network car platform company and the driver sign various forms of labor contracts or agreements.

The Interim Measures stipulates that the network car platform company shall ensure that the driver providing the service has legal employment qualifications, and in accordance with the relevant laws and regulations, according to the characteristics of working hours and service frequency, sign various forms of labor contracts or agreements with the driver. Clarify the rights and obligations of both parties. The network car platform company shall maintain and protect the legitimate rights and interests of the driver, and carry out pre-job training and daily education on relevant laws and regulations, professional ethics, service standards, and safety operations to ensure that the drivers and services provided online are actually provided. The driver of the service is consistent, and the driver-related information is reported to the taxi administrative department of the service location.

Fifth, combating price violations, clear price tag provides taxi invoice

The "Interim Measures" stipulates that the network car platform company should reasonably determine the freight rate of the network, implement the price tag, and provide the corresponding taxi invoice to the passengers. The network car platform company shall not impede fair competition in the market and shall not infringe on the legitimate rights and interests of passengers and the public interest. The network car platform company shall not have the ability to operate the market at a price lower than the cost to disrupt the normal market order, damage the national interests or the legitimate rights and interests of other operators, and may not have price violations.

6. The network car platform company can submit the capability identification result outside the registered place.

If you apply for the operation of an online car, you should apply to the corresponding taxi administrative department according to the business area and submit the following materials:

(1) An online reservation for the rental business application form (see attachment);

(2) The identity of the investor, the person in charge, the certificate of credit and its copy, the identity certificate of the manager and its copy and power of attorney;

(3) The business license of an enterprise legal person, which belongs to a branch, shall also submit a business license, and the foreign-invested enterprise shall also provide a foreign-invested enterprise approval certificate;

(4) Information such as office space, responsible personnel and management personnel at the place where the service is located;

(5) Proof materials with Internet platform and information data interaction and processing capabilities, and possessing certification materials for traffic, communication, public security, taxation, and network information and other relevant regulatory departments to obtain relevant information on the relevant network data and information, and database access conditions. Explain the fact that the server is set up in the Chinese mainland, and establish and implement the certification materials for the network security management system and security protection technical measures in accordance with the law;

(6) Where electronic payment is used, a payment settlement service agreement signed with the bank or non-bank payment institution shall be provided;

(7) Texts of the operation and management system, the safety production management system and the service quality assurance system;

(8) Other materials required by laws and regulations.

For the first time engaged in the operation of an online car, the corresponding administrative department of the taxi in the place where the enterprise is registered shall apply to the relevant administrative department of the taxi in the place where the enterprise is registered. The relevant online service capability materials in items (5) and (6) of the preceding paragraph shall be registered at the provincial level by the network car platform company. The competent department of transportation shall review and confirm the departments at the same level of communication, public security, taxation, network information, and the People's Bank of China, and provide corresponding recognition results. The results of the determination shall be valid nationwide. If the network car platform company applies for the operation of the network car outside the place of registration, it shall submit the results of the online service capability determination in items (5) and (6) of the preceding paragraph.

7. Investigate the illegal collection, storage, processing and utilization of personal information by the network car platform

The Interim Measures stipulates that the competent communications department and the public security and network information departments shall, in accordance with their respective duties, illegally collect, store, process and use relevant personal information, violate the relevant provisions of the Internet information service, and endanger the network and information security. The application of the network car service platform to release harmful information or to facilitate the publication of harmful information by enterprises, individuals and other organizations, to investigate and deal with according to law, and cooperate with the administrative department of taxis to carry out the network car platform company that has established violations of laws and regulations. Dispose of according to law.

All relevant departments shall establish network credit chart company and driver credit records in accordance with their responsibilities and incorporate them into the national credit information sharing platform. At the same time, the credit information such as administrative license and administrative penalty of the network car platform company will be publicized on the national enterprise credit information publicity system.

The organization of the taxi industry association shall establish a system of bad record lists for network car platform companies and drivers, and strengthen industry self-discipline.

Eight, the network of the car platform legal punishment: 10,000 yuan and more than 30,000 yuan fine

In case of any of the following acts, the administrative department of taxis at or above the county level shall order corrections, warn them, and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Failing to engage in business operations or engage in network business activities in disguise without obtaining a business license;

(2) Forging, altering or using the forged, altered or invalid "Network Appointment Taxi Transport Certificate" and "Network Appointment Taxi Driver's License" to engage in network car business activities.

Article 35 If a network car platform company violates these regulations and has one of the following acts, the administrative department of the taxi car at the county level or above and the competent department of price shall make corrections in accordance with the duties and responsibilities, and impose a 5,000 yuan or more for each illegal act. The following fines are imposed; if the circumstances are serious, a fine of 10,000 yuan to 30,000 yuan is imposed:

(1) The service vehicle has not obtained the "Network Appointment Taxi Transport Certificate", or the online service vehicle is inconsistent with the actual service vehicle provided offline;

(2) Providing the service driver did not obtain the "Network Appointment Taxi Driver's License", or the online service driver is inconsistent with the actual service driver provided offline;

(3) failing to ensure that the technical condition of the vehicle is in good condition;

(4) The starting points are not engaged in the operation of the network car business in the licensed business area;

(5) failing to report the information on the vehicles and drivers providing the services to the administrative department of the taxi at the place where the service is located;

(6) failing to formulate service quality standards in accordance with regulations, and establishing and implementing a complaint and reporting system;

(7) failing to provide shared information in accordance with the regulations, or failing to cooperate with the administrative department of taxis to obtain relevant data information;

(8) Failure to perform management responsibilities, such as hacking, deliberate detours, illegal charges, etc., which seriously violate the relevant national operational service standards.

Nine, the network car driver penalty: 50 yuan to 200 yuan fine

The driver of the network car violates these regulations. If one of the following circumstances occurs, the administrative department of the taxi car at the county level or above and the competent department of price shall make corrections in accordance with the duties and responsibilities, and impose a fine of 50 yuan or more and 200 yuan for each illegal act:

(1) failing to carry the "Network Appointment Taxi Transport Certificate" and "Network Appointment Taxi Driver's License" in accordance with the regulations;

(2) hacking on the way or deliberately detouring;

(3) charging for violations;

(4) Retaliation against passengers who report, complain about the quality of their services or make unsatisfactory evaluations of their services.

If the driver of the network car no longer has the conditions for employment or has serious illegal activities, the administrative department of taxis at or above the county level shall revoke or revoke the qualification certificates in accordance with the relevant provisions of relevant laws and regulations.

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Editor in charge: zke

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