Nanjing Municipal Network Appoints Taxi Management Measures, the specific contents are as follows:
Specific rules
Chapter I General Provisions
Article 1 [Purpose Basis] In order to better meet the diversified travel needs of the public, promote the development of the taxi industry and the Internet, standardize the network to reserve taxi operating services, and protect passenger safety and legal rights, in accordance with relevant laws and regulations. Formulate these measures.
Article 2 [Scope of Application] These Measures shall apply to the operation of the city's network to reserve taxis (hereinafter referred to as the network car) and related management activities.
Article 3 [Development Principles] The Municipal People's Government actively promotes the integration of the Internet and economic and social development, encourages the innovation of taxi business services, and develops network vehicles in an orderly manner in accordance with the principles of scientific guidance, high-quality services, and differentiated operations.
Article 4 [Administrative Department] The municipal administrative department of transportation and transportation is the administrative department in charge of the network management of the city. The administrative department of transportation and transportation of the district shall be responsible for the supervision and administration of the network vehicles within the jurisdiction in accordance with the prescribed duties. The transportation management agency of the transportation administrative department is responsible for the daily management of the network.
The administrative departments of development and reform, price, communication, public security, commerce, human resources and social security, industry and commerce, taxation, quality and technical supervision, etc., work together to manage the network.
Chapter II Business License
Article 5 [Conditions of Operators] The network car platform company that applies for the operation of the network car in this Municipality shall comply with the relevant provisions of the State. Enterprise legal persons not registered in this Municipality shall establish branches in this Municipality; have a fixed business. Location, with online and offline service capabilities.
Article 6 [The operator shall sign the contract] The municipal administrative department of transportation and transportation shall, in accordance with the relevant provisions of the State, issue a license for the operation of the network contract vehicle to the eligible applicants for the network contract, and sign an operation management agreement. The network car license is valid for four years.
The operation management agreement includes business scope, operation period, operation management, safety management, service quality assurance, information management, vehicle personnel management, offline service capability requirements, and operator commitment.
(1) Seven or fewer passenger vehicles registered in the traffic administrative department of the public security organ of this Municipality, and the application shall be less than two years from the date of the initial registration to obtain the "Motor Vehicle Driving License";
(2) The wheelbase of fuel vehicles has reached more than 2,700 mm, and the engine power has reached more than 108 kilowatts. The wheelbase of new energy vehicles has reached more than 2,650 millimeters, of which the range of pure electric vehicles has reached more than 150 kilometers, and the cruising range of plug-in (including extended-program) hybrid vehicles under pure electric driving has reached More than 50 kilometers;
(3) The vehicle is equipped with ABS brake anti-lock braking system, braking force distribution system, traction control system, brake assist system and body electronic stability control system;
(4) installing a satellite positioning device with a driving record function, a device having an in-vehicle image recording function, and an emergency alarm device;
(5) The nature of the use of the vehicle is registered as an appointment for rental passenger transport.
Article 8 [Vehicle Issuance] The vehicle that intends to engage in the operation of the network car shall be submitted by the owner or the network car platform company to the municipal traffic administrative department in accordance with the regulations.
The municipal administrative department of transportation and transportation shall, in conjunction with the traffic management department of the public security organ, review the vehicles. If the conditions are met, the traffic management department of the public security organ shall handle the registration of the change in the nature of the vehicle use. After the completion of the change registration, the municipal transportation administrative department issues a network vehicle transport permit. The validity period of the network car transport permit shall not exceed eight years from the date of initial registration of the vehicle.
(1) having a household registration in this city or obtaining a residence permit in this city;
(2) Obtaining the driver's license for the corresponding driving model and having more than three years of driving experience;
(3) No traffic accidents, dangerous driving crime records, no drug use records, no driving record after drinking, and no record of twelve points in the last three consecutive scoring cycles;
(4) Record of non-violent crimes;
(5) Other conditions stipulated by laws and regulations.
Article 10 [Driver Certification] The driver or the network car platform company shall submit an application to the municipal transportation administrative department in accordance with the regulations. The municipal administrative department of transportation and transportation shall, in conjunction with the public security administration department of the public security organ, carry out verification and assessment in accordance with the provisions of these Measures. For the drivers who meet the requirements and pass the examination, the municipal transportation administrative department shall issue the network driver's license. The network driver's license is valid for three years.
Article 11 [Departure of Vehicle Documents] The traffic administrative department of the public security organ shall promptly provide the city transportation administrative department with information on the network of the transfer, transfer to the field, and information on the network car that meets the statutory retirement conditions.
The network car platform company shall regularly check the registered network car and clean up the network car that does not meet the conditions stipulated in these Measures; the vehicle owner shall promptly report to the network before handling the procedures such as vehicle transfer, transfer, and scrapping. About the car platform company for the record, and apply for the cancellation of the network car transport permit cancellation procedures.
If the owner of the vehicle fails to apply for the cancellation of the online vehicle transportation permit, the municipal administrative department of transportation and transportation shall cancel the vehicle transportation certificate and invalidate the certificate.
Article 12 [Departure of Driver's Documents] The network car platform company shall regularly review the drivers registered with it. If the licensee applies for cancellation or no longer meets the relevant requirements, the municipal transportation administrative department shall cancel or revoke its network driver's license.
Article 13 [Regulations for Suspension] If the network car platform company has not operated for more than 180 days from the date of obtaining the business license, or has ceased to operate for 180 consecutive days after the opening of the business, the municipal transportation administrative chief The department cancels the corresponding network car license.
If the network car platform company suspends or terminates its operation in this city, it shall report to the municipal traffic administrative department in writing 30 days in advance, explain the relevant situation, notify the vehicle owner and driver who provide the service, and announce to the public and bear relevant laws. responsibility. In case of termination of business, the corresponding network car operating license shall be returned to the municipal transportation administrative department. If the application is not returned within the time limit, the municipal transportation administrative department shall revoke the certificate.
Chapter III Business Behavior
Article 14 [Operator's Responsibilities] The network car platform company shall bear the carrier's responsibility, shall ensure the operation safety, protect the legitimate rights and interests of passengers, and shall abide by the following provisions:
(1) Ensuring that the service vehicles are provided with legal operating qualifications, and the vehicles providing services online are consistent with the vehicles actually providing services offline;
(2) The driver has legal qualifications, and the driver who provides the service online shall be consistent with the driver who actually provides the service offline;
(3) Formulating service quality standards, establishing and implementing a service evaluation system and a passenger complaint handling system;
(4) Keeping the vehicle in good technical condition and reliable in safety performance;
(5) The network car should be engaged in business activities within the licensed business area. If it exceeds the licensed business area, the starting point should be within the licensed business area;
(6) When the vehicle is in the passenger-carrying state, no other scheduled business information shall be released to the driver;
(7) Reporting the vehicle and driver related information to the municipal transportation management agency in accordance with state regulations;
(8) Conducting pre-employment training and daily education on relevant laws and regulations, professional ethics, service standards, and safety operations;
(9) Disclosure of the metering and pricing method in accordance with the state regulations and passing the measurement verification;
(10) The vehicle has an operation logo for the network car;
(11) Other provisions of laws, regulations and rules.
Article 15 [Price Specification] The network car price is subject to market adjustment price.
The network car platform company shall reasonably determine the freight rate of the network car in accordance with the provisions of these Measures, and implement the price tag.
The network car platform company may not have the right to exclude competitors or monopolize the market, operate 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.
Article 16 [Social Responsibility] The network car platform company shall, in accordance with the relevant laws and regulations, sign various forms of labor contracts or agreements with the driver according to the characteristics of working hours and service frequency, and clarify the rights and obligations of both parties and maintain And protect the legitimate rights and interests of the driver.
The network car platform company shall pay taxes according to law, purchase carrier liability insurance and other related insurance for passengers, and fully protect the rights and interests of passengers.
Net car platform companies should strengthen safety management and implement safety precautions such as operations and networks. Comply with the relevant provisions of the national network and information security, and shall not use its service platform to issue information that is prohibited by laws and regulations, and provide necessary technical support and assistance for public security organs to carry out national security work according to law and prevent and investigate illegal and criminal activities.
(1) Carrying a vehicle-related vehicle transport permit and a network-only driver's license;
(2) Providing an appointment service in accordance with the promised arrival at the agreed place, unless the vehicle owner or passenger agrees or has other valid reasons;
(3) It is not allowed to hack on the way or deliberately detour;
(4) Retaliation against passengers who report, complain about the quality of their services or make unsatisfactory evaluations of their services;
(5) collecting fees according to the regulations and proactively providing passengers with the city's fare bills;
(6) Use civilized terms in accordance with the regulations to keep the car looks clean and tidy.
Article 18 [Data Record] The network car platform company shall provide the management and supervision department with complete sharing information in a timely manner, including platform registration, operation, transaction data, vehicle and driver basic information, service quality and passenger evaluation information.
The network car platform company shall record the information content, user registration information, identity authentication information, order log, online log, online transaction log, driving track log and other data released by the driver and the car owner on its service platform in accordance with national regulations and back up. The shelf life shall not be less than two years.
Article 19 [Special Provisions] The network car may not be used for cruises; it is not allowed to set up a unified cruiser dispatching service station at the airport, railway station or bus terminal in the city, or to implement a queue for waiting guests, and to abide by the city. Taxi management site management regulations.
Article 20 [Prohibitions] This Municipality prohibits vehicles that have not obtained the Internet Car Transportation Certificate or the rental passenger qualifications from engaging in operational services.
Online car vehicles and drivers are not allowed to provide operational services through a network service platform that does not have a business license.
Chapter IV Supervision and Inspection
Article 21 [Government Responsibilities] The municipal and district people's governments shall incorporate the network car operation into the comprehensive social security management system and the long-term evaluation system of urban governance, establish a working mechanism for government organization, departmental cooperation, and linkage, and strengthen joint supervision. Comprehensive use of various measures to maintain the order of the passenger transport market.
Article 22 [Responsibilities of the Transportation Department] The municipal administrative department of transportation and transportation shall construct and improve the government supervision platform to realize information sharing between relevant administrative departments and with the network car platform companies.
The municipal transportation management agency shall perform the following duties in the supervision and management of the network car operation:
(1) Establishing a cumulative scoring system for dynamic management and illegal activities, and regularly publishing to the public information such as service quality evaluation results, illegal violations and untrustworthy behaviors of the city's network car platform companies;
(2) copying the reported vehicle and driver information to the public security organ;
(3) Other duties as stipulated by laws, regulations and rules.
Article 23 [Responsibilities of Relevant Departments] The public security organs shall perform the following duties in the management of the network car:
(1) Responsible for the registration of the vehicle and the illegal record of the driver;
(2) Responsible for the supervision and inspection of the network car platform, vehicles and drivers in violation of network security and road traffic safety;
(3) Supervising, inspecting and guiding the network car platform company to strengthen the construction of internal security and security organizations, daily publicity and education on the relevant laws and regulations, professional ethics and safety precautions of the network car drivers;
(4) Maintaining public order in accordance with the law and assisting relevant competent authorities to actively prevent and properly handle mass incidents in the taxi industry and maintain social stability.
The administrative department of development and reform is responsible for the supervision and management of the public credit information of the network.
The administrative department of industry and commerce is responsible for the supervision and management of unfair competition behaviors.
The price administrative department is responsible for the supervision and management of illegal traffic prices.
The administrative department of human resources and social security is responsible for the supervision and management of the labor contract between the network car platform company and the driver.
The tax administrative department is responsible for the supervision and administration of tax violations of the network.
The communication management department is responsible for the supervision and management of Internet information on the Internet.
The administrative department of quality and technical supervision is responsible for the supervision and management of the illegal operation of the network.
Article 24 [Credit Information] This Municipality implements the network credit chart company and driver credit records, and incorporates a unified credit information sharing platform to achieve interconnection and interoperability. 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.
Chapter V Legal Liability
Article 25 [Other provisions] In case of violation of the provisions of these Measures and other laws, regulations and rules that have been punished, the provisions shall prevail.
In case of any of the following acts in violation of these Provisions, the transportation management agency shall order it to make corrections, give a warning, and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan; if it constitutes a crime, it shall be investigated for criminal responsibility according to law:
(1) Failing to engage in business operations or engaging in network business activities in disguise without obtaining a business license;
(2) Forging, altering or using forged, altered or invalidated network-car transport certificates and network-related vehicle driver's licenses to engage in network-related vehicle business activities.
If the network car platform company violates the provisions of Items 1 to 8 of Article 14 of these Measures, the transportation management agency shall order it to make corrections, and impose a fine of not less than 5,000 yuan but not more than 10,000 yuan for each illegal act. If the circumstances are serious, 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.
If the network car platform company fails to fulfill the operation agreement or the service quality assessment is not up to standard, the transportation management agency shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the relevant licenses may be revoked in accordance with the relevant laws and regulations.
Article 28 [Infringement of the price of the operator] If the network car platform company violates the provisions of Article 15 of these Measures and the price is not clearly priced, the price administrative department shall order it to make corrections, and the illegal income shall be confiscated, and may be 5,000 yuan or less. fine.
Article 29 If the driver of the network is in violation of the provisions of Article 17 of these Measures, the transportation management agency shall order it to make corrections, in accordance with the Interim Measures for the Administration of the Management of Taxi Operating Services on the Internet, and the Taxi Driving Penalties for regulations governing the qualifications of employees.
If the driver of the network car violates other illegal acts other than those specified in these Measures, and the accumulated score reaches the prescribed score, the transportation management agency may revoke or revoke its qualification certificate in accordance with the relevant laws and regulations.
Article 30 [Cruise and Passenger Handling] The driver of the network car violates the provisions of Article 19 of these Measures, and establishes a unified cruiser dispatching service station or a place where queues are waiting for passengers at the airport, railway station, and bus terminal of the city. For the passengers, the transportation management agency shall order the correction and impose a fine of not less than 200 yuan but not more than 2,000 yuan.
Article 31 [Credit Management] If the network car platform company or driver violates the provisions of these Measures and is subject to administrative punishment, it shall be included in the public credit information system and the national enterprise credit information platform for publicity.
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