深圳经济特区出租汽车管理条例
Regulations of Shenzhen Special Economic Zone on the Administration of Taxi
(Adopted at the 2nd Session of the Standing Committee of the 7th People's Congress of Shenzhen Municipality on June 29, 2021)
Chapter One General Provisions
Article 1 In order to regulate the operation and service of taxis, protect the legitimate rights and interests of passengers, operators and drivers, and promote the healthy development of the taxi sector, these Regulations are formulated in accordance with the basic principles of relevant laws and administrative regulations and in light of the realities of Shenzhen Special Economic Zone.
Article 2 The term "taxi" in these Regulations refers to the passenger vehicles with less than seven seats that are licensed to provide passenger transport services and charge fees according to the wishes of passengers, including cruiser taxis and online reservation taxis (hereinafter referred to as online car-hailing).
The cruise taxi may cruise to solicit passengers or wait for passengers at the station, and may also solicit passengers through telephone, Internet and other reservation methods; online car-hailing may only solicit passengers through online reservation.
Article 3 To engage in taxi business, a taxi business license shall be obtained. Taxi business licenses are divided into business licenses for cruiser taxis and online car-hailing.
The driver who drives a taxi for passenger transport services (hereinafter referred to as the driver) shall obtain a taxi driver's license.
The vehicle used for taxi business shall obtain a vehicle operation license. Vehicle operation licenses are divided into operation licenses for cruiser taxis and online car-hailing.
Article 4 The municipal department of transportation shall, in accordance with the development plan of Shenzhen's comprehensive transportation system, prepare the special plan for the development of taxi in Shenzhen Municipality, and regularly evaluate Shenzhen's taxi transportation capacity as an important basis for adjusting the special plan for the development of taxi in Shenzhen Municipality.
Article 5 Encourage the intensive and large-scale development of the taxi sector.
Encourage the application of new technologies, new energy and new equipment in taxi operation services and safety administration.
Article 6 The municipal department of transportation shall be responsible for the administration of the taxi sector and the implementation of these Regulations.
The municipal departments on development and reform, public security, finance, human resources and social security, planning and natural resources, housing and construction, emergency administration, market supervision, taxation, communications, cyberspace administration, the Shenzhen office of the Peoples Bank of China and other organizations shall be responsible for relevant administration work according to their respective responsibilities.
Article 7 The relevant industry associations on taxi shall strengthen self-discipline for the sector, participate in governance of the sector in accordance with law, resolve contradictions in the sector, safeguard the legitimate rights and interests of the sector and social and public interests, and promote fair competition and healthy development of the sector.
Article 8 Taxi operators and drivers shall operate in accordance with law, be honest and trustworthy, compete fairly and provide civilized services.
Chapter Two Business License
Section One Business License for Cruise Taxis
Article 9 To apply for a business license for cruise taxis, the applicant shall meet the following conditions:
1. Registered as an enterprise legal person in Shenzhen Municipality ;
2. Having obtained the right to operate the vehicles in the quantity specified by the municipal government, and purchased the corresponding number of vehicles or had the corresponding funds for the purchase;
3. Having office space and operation and management organization and personnel based on the scale of operation in Shenzhen Municipality;
4. Having sound operation and management systems for vehicle maintenance, safe production, driver management, service quality assurance, among other matters;
5. Having the qualifications to transmit the information on vehicle, driver, vehicle satellite positioning and other necessary operating data to the municipal government supervision platform;
6. Other conditions stipulated by laws and regulations.
Those who have not obtained the business license for cruise taxis shall not engage in the cruise taxi business.
Article 10 An applicant for a business license for cruiser taxis shall apply to the municipal department of transportation, and submit the materials that meet the conditions specified in Article 9 of these Regulations. The municipal department of transportation shall decide whether to grant the administrative license within 20 working days from the date of acceptance. When the municipal department of transportation decides to approve the license, it shall issue a business license for cruiser taxis to the applicant; if it decides not to approve the license, the reasons shall be explained.
If the applicant does not meet the conditions specified in Item 2 of Paragraph 1 of Article 9 of these Regulations, but meets all other conditions specified in Paragraph 1 of Article 9, the applicant may submit a letter of commitment to the municipal department of transportation, promising to meet such conditions within six months. The municipal department of transportation may make a decision to approve a license valid for six months, and issue the applicant with a temporary business license of cruiser taxis for the corresponding period..
Before the expiration of the temporary business license for cruiser taxis obtained in accordance with provisions of the preceding paragraph, if the conditions specified in Paragraph 1 of Article 9 are met, the licensee may apply to the municipal department of transportation for a new business license for cruiser taxis; If the applicant fails to apply for renewal of the license at its expiration, the municipal department of transportation shall cancel its temporary business license for cruiser taxis. Within one year from the date of cancellation, the municipal department of transportation will not accept the application for business license of cruiser taxis submitted by the same applicant.
Article 11 The municipal department of transportation shall grant the vehicle operation right to the cruise taxi operators through public bidding or other means approved by the municipal government. For each vehicle operation right obtained, the cruise taxi operator shall purchase a qualified vehicle as a cruise taxi.
When the vehicle operation right is granted by means of public bidding, the bidder's operation plan, service quality or service quality commitment, safety assurance measures, performance of social responsibilities and other factors shall be comprehensively evaluated.
The vehicle operation right is free of charge with a time limit. The validity period of the vehicle operation right may not exceed five years from the date of issuance.
The vehicle operation right may not be transferred, leased or entrusted to others.
Article 12 The municipal department of transportation shall sign an operation agreement with the cruiser taxi operator, including the following contents:
1. The number, validity period and starting and ending time of the vehicle operation right;
2. Technical standards, vehicle operation duration and scope of the corresponding vehicles and other operating facilities;
3. Operation service and safety management requirements;
4. Vehicle and driver management requirements;
5. Circumstances where the vehicle operation right is withdrawn
6. Liabilities for breach of contract;
7. Dispute resolution;
8. Other matters that both parties deem necessary to be agreed.
Within the term of validity of the operation agreement, if the contents of the agreement need to be changed, a supplementary agreement shall be signed.
Within six months from the date when the operation agreement was signed, the cruise taxi operator shall put the specified number of vehicles into operation.
Article 13 The cruise taxi put into operation shall meet the following conditions:
1. Passenger vehicle with with 7 seats or less registered at the traffic administration department of the municipal public security organ;
2. The registration date stated in the driving license does not exceed two years from the date of application, and the vehicle is within the validity period of inspection;
3. The requirements of Shenzhen Municipality on the use of new energy vehicles are met, and the pollutants discharged meet the emission standards of Shenzhen Municipality;
4. Operation facilities such as on-board terminals and the vehicle appearance meet the specified requirements;
5. The technical performance of the vehicle meets the requirements of relevant standards for operation safety;
6. Other conditions agreed in the operation agreement.
Article 14 Before putting the vehicles into operation, the cruiser taxi operator shall apply to the municipal department of transportation for the certificate of cruiser taxi operation and submit materials according to the conditions specified in Article 13 of these Regulations. The municipal department of transportation shall make a decision on the administrative license within 10 working days from the date of acceptance. If the municipal department of transportation decides to approve the license, it shall issue cruiser taxi operation licenses to the corresponding vehicles; If it decides not to approve the license, the reasons shall be explained.
The validity period of the cruiser taxi operation license may not exceed the term of validity of the vehicle operation right. When the term of validity of the vehicle operation right expires, the municipal department of transportation shall cancel the corresponding vehicle operation license.
Those who have not obtained the cruise taxi operation licenses shall not engage in cruise taxi operation services.
Article 15 If the cruiser taxi operator merges, divides or changes its name, it shall apply to the municipal department of transportation to change the holder of the vehicle operation right, and sign another operation agreement. The validity period of the new operation agreement is the remaining period of such vehicle operation right.
Article 16 The cruiser taxi operator may not suspend or terminate its operation without authorization within the validity period of the vehicle operation right. If it is necessary to change the licensed matter or suspend or terminate the operation, an application shall be submitted to the municipal department of transportation 30 days in advance, and the relevant procedures shall be handled in accordance with law.
Article 17 Under one of the following circumstances, the municipal department of transportation shall withdraw the corresponding vehicle operation right and cancel the corresponding vehicle operation license of the cruise taxi operator for free:
1. The business licenses of cruise taxi operators who have obtained the vehicle operation right free of charge in accordance with these Regulations were cancelled or revoked, or the operators are unable to operate due to bankruptcy, dissolution or other reasons;
2. The validity of the vehicle operation right expires;
3. After obtaining the vehicle operation right, the qualified vehicle is not put into operation within six months without justification, or the vehicle has been out of service for more than six months continuously after being put into operation;
4. Other circumstances stipulated by laws, regulations and operation agreements.
When the cruise taxi is out of operation, the cruise taxi operator shall remove the physical characteristics and the operating facilities from the cruise taxi.
Article 18 Vehicles other than the cruiser taxi may not adopt the same or similar appearance as cruiser taxi, and may not be equipped with cruiser taxi sign lights, metered pricing equipment, signs showing operating status and other operating facilities and signs that are the same or similar to those used by the cruiser taxi.
Section Two Online Car-hailing Business License
Article 19 To apply for an online car-hailing business license, the applicant shall meet the following conditions:
1. Registered as an enterprise legal person in accordance with law, the enterprise legal person not registered in Shenzhen shall set up a branch in Shenzhen Municipality;
2. Having office space, operation and management organization and personnel in Shenzhen Municipality based on its scale of operation;
3. It has an online service platform and the ability to interact with and process information and data for the online car-hailing business planned to be carried out, has the ability to enable transportation, communications, public security, taxation, cyberspace administration and other departments to access and query relevant online data in accordance with law, and has a online security management system and security technical measures in accordance with rules;
4. The platform data server is located in mainland China;
5. The online service platform database is connected to the municipal government supervision platform;
6. If electronic payment is used, payment and settlement service agreements shall be signed with banks and non-bank payment institutions;
7. Having sound operation and management systems on safety production management, service quality assurance and other areas;
8. Other conditions stipulated by laws and regulations.
Those who have not obtained the online car-hailing business license shall not engage in the online car-hailing business.
Article 20 When applying for an online car-hailing business license, the applicant shall, in accordance with provisions of the state, apply to the municipal department of transportation after obtaining the proof of online service capacity issued by the provincial department of transportation where the enterprise legal person is registered, and submit materials that meet the conditions specified in Article 19 of these Regulations. The municipal department of transportation shall decide whether to grant the administrative license within 20 working days from the date of acceptance. When the municipal department of transportation decides to approve the license, it shall issue an online car-hailing business license to the applicant; if it decides not to approve the license, the reasons shall be explained.
Article 21 When applying for an online car-hailing vehicle operation license, the vehicle shall meet the following conditions:
1. Passenger vehicle with 7 seats or less registered at the traffic administration department of the municipal public security organ;
2. The registration date stated in the driving license does not exceed two years from the date of application, and the vehicle is within the validity period of inspection;
3. The requirements of Shenzhen Municipality on the use of new energy vehicles are met, and the exhaust emission meet the emission standards of Shenzhen Municipality;
4. Operation facilities such as on-board terminals are installed in accordance with rules;
5. The technical performance of the vehicle meets the requirements of relevant standards for operation safety;
6. The owner of the vehicle promises to register or change the nature of the vehicle as scheduled taxi passenger transport;
7. Other conditions stipulated by laws and regulations.
Those who have not obtained the online car-hailing operation license may not engage in online car-hailing operation services.
Article 22 When applying for an online car-hailing vehicle operation license, the applicant shall apply to the municipal department of transportation and submit application materials that meet the conditions specified in Article 21 of these Regulations.
If an online car-hailing vehicle operation license is applied for an individually- owned vehicle, the application should be submitted by the vehicle owner. The applicant must obtain a taxi driver's license and promise to personally drive the vehicle to provide online car-hailing service.
One natural person may only obtain one online car-hailing vehicle operation license.
Article 23 The municipal department of transportation shall, together with the traffic administration department of the municipal public security organ, complete the review within five working days from the date of accepting the application for the online car-hailing vehicle operation license.
If approved, the traffic administration department of the municipal public security organ shall register the nature of the vehicle use as on-demand taxi for passenger transport within five working days from the date of approval. The municipal department of transportation shall decide to approve and issue the operation license within five working days from the date when the nature of vehicle use is registered as on-demand taxi for passenger transport.
If it fails to pass the review, the municipal department of transportation shall decide not to approve the license and explain the reasons.
The starting date of the validity of the online car-hailing vehicle operation license is the date of issuance, and the expiration date is the date eight years after the registration date specified in the driving license for the vehicle .
Article 24 If the vehicle owner who has obtained the online car-hailing vehicle operation license applies for the registration of changes in the nature of vehicle use due to the withdrawal of the vehicle from online car-hailing operation, such owner shall first apply to the municipal department of transportation for the cancellation of the online car-hailing vehicle operation license, and the municipal department of transportation shall complete the review and handle the cancellation procedures within five working days from the date of acceptance. After completing the cancellation procedures, the applicant may apply to the traffic administration department of the public security organ for the registration of changes in the nature of vehicle use.
Article 25 Under any of the following circumstances, the vehicle for online car-hailing shall be withdrawn from operation, and the municipal department of transportation shall cancel the online car-hailing vehicle operation license:
1. The validity period of the online car-hailing vehicle operation license expires;
2. The online car-hailing vehicle operation license is revoked in accordance with law;
3. Vehicles that should be forcibly scrapped in accordance with law;
4. The vehicle owner applies to withdraw from the online car-hailing operation before the expiration of the online car-hailing business license;
5. Other circumstances stipulated by laws and regulations.
Section Three Driver's License
Article 26 When applying for a taxi driver's license, the applicant shall meet the following conditions:
1. No criminal record for violent crime, traffic crime or dangerous driving, no drug abuse record, no record of driving after drinking;
2. Holding a valid motor vehicle driver's license for the corresponding permitted driving model, and at least three years have elapsed since the date of initial issuance stated in the driver's license to the date of application, and there is no record of a full 12 points in the last three consecutive scoring cycles;
3. No revoke of taxi driver's license within three years before the date of application;
4. Not more than 65 years old;
5. Other conditions stipulated by laws and regulations.
Those who have not obtained a taxi driver's license may not engage in taxi passenger transport services.
Article 27 When applying for a taxi driver's license, the applicant shall apply to the municipal department of transportation for sitting the vocational qualification examination, and submit materials that meet the conditions specified in Article 26 of these Regulations. After a review by the municipal departments of transportation and public security in accordance with law, those who meet the prescribed conditions are allowed to participate in the vocational qualification examination. If the applicant passes the examination, the municipal department of transportation shall issue a taxi driver's license within 10 working days from the date when the examination results are published.
Article 28 Anyone who has obtained a taxi driver's license shall apply to the municipal department of transportation for the registration of professional qualifications in accordance with provisions before providing taxi passenger transport services.
Article 29 Under any of the following circumstances, the municipal department of transportation shall cancel the taxi driver's license:
1. The holder dies;
2. The holder applies for cancellation;
3. The holder no longer meets the conditions prescribed in Article 26;
4. The holder's motor vehicle driving license is cancelled or revoked;
5. Other circumstances stipulated by laws and regulations.
Chapter Three Business Services
Section One General Principles
Article 30 The freight rate of cruiser taxi shall be determined or guided by the government. The rate for online car-hailing shall be adjusted by the market, and the government guided price shall be adopted when necessary according to relevant provisions. The municipal departments of pricing and transportation shall actively promote the taxi rate reform and pilot program in accordance with the requirements of the state and Guangdong Province.
The municipal pricing department shall work with the municipal department of transportation to establish a reasonable cruise taxi pricing mechanism and adjust the freight rate in a timely manner.
Article 31 As the carrier, under the supervision and inspection of the municipal department of transportation, the operator shall bear the main responsibility for safe production, ensure the safety of operation, improve the quality of service, protect the legitimate rights and interests of passengers, and abide by the following provisions:
1. Equipping operating facilities in accordance with provisions and keeping operation vehicles in line with relevant technical standards;
2. Establishing, improving and implementing the drivers’ management system, recruiting qualified drivers, organizing physical examination for drivers every year, and organizing training for drivers in relevant laws and regulations, professional ethics, service standards, safe operation, use of operating facilities in accordance with law;
3. Well arranging the operating hours for drivers;
4. Transmitting information of vehicles in operation, drivers, vehicle satellite positioning and other necessary operating data to the municipal government supervision platform in accordance with provisions;
5. Protecting the personal information of passengers and drivers in accordance with law;
6. Establishing systems for passenger evaluation, complaint handling and lost and found;
7. Purchasing carriers liability insurance, relevant insurance for operation vehicles, personal accident insurance for drivers and other relevant insurance in accordance with law;
8. The vehicle and driver that provide services through reservation shall be the same as the reserved vehicle and driver;
9. If passengers suffer damage due to safety accidents during operation, the operator shall bear the responsibility of providing compensation in advance;
10. Other requirements stipulated by laws and regulations.
Article 32 Operators may not commit the following acts:
1. Using online service platforms or other vehicles to publish informations that endangers social stability or is prohibited by other laws and regulations;
2. Avoiding the responsibility of the carrier and the main responsibility of safe production by signing a contract with the driver or a third person;
3. Transferring business risks to drivers by collecting contracting fees in advance or splitting payment for the vehicle;
4. Divulging, selling or illegally using the personal information of passengers and drivers;
5. Setting up advertisements and putting articles that affect safe driving and cover operation facilities on taxis;
6. Other behaviors prohibited by laws and regulations.
Article 33 In addition to the provisions of Articles 31 and 32 of these Regulations, online car-hailing operators shall also comply with the following provisions:
1. Strengthening data security protection and management, and cooperating with relevant departments for related work;
2. Fulfilling the management requirements for users’ funds and the record filing and reporting obligations in accordance with provisions;
3. Reasonably setting the operation price, publicizing the pricing standard and clearly marking the price, and charging according to the publicized standard;
4. It is not allowed to apply differential treatment to cruise taxis on reservation and different types of online car-hailing vehicles for the purpose of excluding competition;
5. Displaying the vehicle number plate, driver's name, photo, taxi driver's license number, organization, mobile phone number, service evaluation results and other information of the service provider on the passenger app according to the provisions;
6. Fully, truly and accurately disclosing to the car-hailing client all kinds of vehicles to be booked and their number within a three kilometer radius of the designated geographical location by the client, as well as the online car-hailing pricing standards;
7. It is not allowed to use false or misleading means to trick the car-hailing client into trading with such operators;
8. For a vehicle for online car-hailing registered under an individual, verify and confirm that the driver is the owner himself;
9. Other requirements stipulated by laws and regulations.
Article 34 Operators shall protect the lawful rights and interests of drivers in accordance with law.
Cruise taxi operators shall sign labor contracts with drivers in accordance with law to specify the rights and obligations of both parties; if the driver exceeds the legal retirement age, the operator shall sign an agreement with the driver in accordance with law to specify the rights and obligations of both parties.
Online car-hailing operators shall sign labor contracts or relevant agreements with drivers in accordance with law to specify the rights and obligations of both parties.
Section Two Service Standards
Article 35 Drivers shall drive safely and offer civilized services in accordance with the following provisions:
1. Carrying or displaying the vehicle operation license and taxi driver's license consistent with the information of the vehicle and driver along with the vehicle;
2. Conducting routine inspection before operation, keeping the inside and outside of the vehicle clean, making sure that the vehicle meets the relevant technical standards and the operation facilities and signs are in good condition;
3. Collecting fares according to the prescribed pricing methods and charging standards, and providing invoices in line with the provisions of the taxation department;
4. Consulting with passengers to choose a reasonable route according to the destination designated by passengers. It is not allowed to change the driving route decided upon consultation without justified reasons;
5. It is not allowed to refuse to carry, or leave the passenger on the way, or carry other people without the consent of the passenger;
6. Those whose services have been reserved shall provide services at the agreed time and place;
7. Other requirements stipulated by laws and regulations.
Article 36 In addition to the provisions of Article 35 of these Regulations, cruise taxi drivers shall also abide by the rules of cruise taxi companies and the following provisions:
1. Using on-board terminal and metered pricing equipment in accordance with rules. If the vehicle terminal, metered pricing equipment and other operating facilities fail to function or are damaged, the operation shall be suspended until the function is restored;
2. In the operation status of empty car for rent, suspension of service, on-call appointment, etc., the sign for the corresponding status is displayed;
3. Waiting in turn at passenger flow distribution centers such as airports, railway stations, transportation hubs and stations in accordance with provisions;
4. It is not allowed to hand over the cruise taxi to others to provide operation services without authorization;
5. Other requirements stipulated by laws and regulations.
Article 37 In addition to complying with the provisions of Article 35 of these Regulations, online car-hailing drivers shall also provide services in accordance with the requirements of operators and abide by the following provisions:
1. It is not allowed to provide operation services through online car-hailing platforms without business licenses or use vehicles without vehicle operation licenses;
2. It is not allowed to drive vehicles for online car-hailing to cruise and solicit passengers explicitly or implicitly, nor use the special service facilities of cruise taxi, such as cruise taxi lanes and waiting areas;
3. It is not allowed to hand over individually-owned online car-hailing vehicle to others for operation services;
4. Other requirements stipulated by laws and regulations.
Article 38 Any organization or individual is not allowed to solicit passengers for taxis at passenger flow distribution centers such as airports, railway stations, transportation hubs and stations, or for the purpose of providing illegal transportation services.
Article 39 The driver shall give priority to and provide necessary assistance for the elderly, infirm, sick, people with disabilities, pregnant women and children when they are taking a taxi.
Taxis are encouraged to equip child safety seats that meet national standards.
Article 40 The driver has the right to refuse to carry the passenger or terminate the service under one of the following circumstances if:
1. The passenger fails to use the safety belt in accordance with provisions, or ask the driver to violate road safety rules during the ride;
2. The passenger is drunken people or mentally ill without accompanying (supervising) personnel;
3. The passenger carries pets without the consent of the driver, except as otherwise provided by laws and regulations;
4. The passenger carries inflammable, explosive, toxic or other articles endangering public safety;
5. The passenger hinders the driver's driving safety;
6. The passenger damages or defaces vehicles or operating facilities;
7. The passenger calls vehicle by reservation but fails to wait for the vehicle at the agreed time and place;
8. The passenger cancels the appointment without informing the relevant service platform of reservation in time;
9. The passenger fails to pay the fare according to the prescribed standard.
Article 41 If the passenger requests to go to a remote area or drive out of Shenzhen Municipality at night, and the driver believes that there is a potential safety hazard, he may ask the passenger to show his identity documents and verify the passenger's identity by uploading the on-board video to the supervision platform or completing the verification and registration procedure with the passenger at the nearest public security organ; if the passenger does not cooperate, the driver has the right to refuse to carry the passenger or terminate the service.
Article 42 If driver commits any of the following acts in providing operation services, the passenger has the right to refuse to pay the fare:
1. Unable to complete the agreed service within the base mileage due to vehicle failure, traffic accident and other reasons;
2. Leaving passengers on the way;
3.Carrying other people without the passenger's consent;
4.Fail to carry or display the taxi driver's license and operation license as required;
5. The cruise taxi fails to use the metered pricing equipment in accordance with provisions, or continues to operate when the metered pricing equipment fails;
6. The cruise taxi driver is not the driver displayed on the on-board terminal, or the vehicle and driver providing online car-hailing services are not the reserved vehicle and driver;
7. Other circumstances stipulated by laws and regulations.
Article 43 Non-local taxis shall comply with the following provisions:
1. Cars without passengers are not allowed to drive into Shenzhen Municipality;
2. They are not allowed to engage in passenger carrying business if both the starting point and the destination of the trip are in Shenzhen Municipality;
3. Non-local vehicles for online car-hailing are not allowed to cruise in Shenzhen Municipality to attract customers;
4. If non-local cruise taxi returns without passengers, it shall display the sign that it stops carrying passengers and turn off the ceiling light at night.
Section Three Service Guarantee
Article 44 The municipal department of transportation shall work with the municipal departments on planning and natural resources, housing and construction, public security organs of traffic administration departments and other departments to make an overall plan for the layout of taxi stops, waiting areas and other service facilities, and set up special waiting areas for taxis in transportation hubs, port areas, tourist attractions, hospitals, large commercial space and other large public places.
The District People's Government shall build comprehensive taxi service areas based on local conditions to provide drivers with comprehensive supporting facilities, such as facilities for vehicle charging, cleaning and dining, toilets and places for rest. As long as the road traffic is not influenced, temporary taxi parking spaces may be set up on urban roads so that drivers can stop temporarily.
Article 45 In case of special circumstances such as disaster relief and emergencies, operators and drivers shall obey the unified command and deployment of the municipal department of transportation and complete the mandatory transportation tasks. The expenses and losses incurred due to such mandatory transportation tasks shall be compensated in accordance with law.
The municipal department of transportation may work with relevant departments to ensure the service of cruise taxis in key areas such as transportation hubs, ports, International Convention and Exhibition Center, remote areas, and during major events, important meetings, and major holidays by purchasing services.
The municipal department of transportation may work with relevant departments to guarantee the access to barrier free taxi services for special groups such as people with disabilities through subsidies.
Article 46 Under any of the following circumstances, the municipal department of transportation and the relevant departments may commend and reward operators and drivers in accordance with relevant provisions:
1. Make outstanding contributions to the mandatory tasks of the government;
2. Those who have done outstanding deeds such as returning money found, acting bravely for justice, and providing medical services;
3. Those who have done outstanding deeds in safeguarding public interests and social stability.
Chapter Four Supervision and Administration
Article 47 The municipal department of transportation shall supervise and inspect the operation, service quality, and production safety of business operators, and regularly publish the results of supervision and inspection to the public.
Operators and drivers shall be supervised by the municipal department of transportation, other administrative departments and the public in accordance with law.
Article 48 The municipal department of transportation shall establish a unified taxi operation supervision platform for the whole city to realize the real-time transmission and information sharing for relevantoperation data.
The municipal departments of transportation, market supervision, public security, cyberspace administration, communication, the office of people's Bank of China and other departments shall establish an information sharing mechanism for taxi supervision.
Article 49 With the consent of parties concerned, the municipal transportation department may carry out the following administrative law enforcement activities online:
1. Investigating and recording the facts of violations of the law;
2. Informing the parties concerned of the facts, reasons and basis of the proposed administrative punishment and the rights they are entitled under the law;
3. Hearing the statements and defence of the parties concerned;
4. Preparing an electronic decision on administrative penalty;
5. If the person being punished refuses to sign the electronic decision on administrative penalty and other law enforcement documents delivered online, the law enforcement officer shall indicate so on the electronic decision letter;
6. Other law enforcement activities that may be carried out online in accordance with laws and regulations.
The municipal departments of transportation, public security and other departments may consult and obtain relevant data and information about vehicle operation and transactions in accordance with law, and may find facts about violations according to traffic monitoring videos, on-board terminal records, records of mobile apps, among others.
Article 50 The municipal department of transportation may establish a taxi operation credit evaluation system with passenger evaluation and safe operation as the main contents, and conduct the credit evaluation and application of operators and drivers in accordance with relevant provisions. The evaluation results shall be published, and the credit information shall be incorporated into the public credit information administration system in accordance with relevant provisions.
Article 51 If the municipal departments of market supervision, public security, cyberspace administration, communication and other departments find that the licensed operators, drivers and vehicles do not meet the licensing conditions, they shall timely notify the municipal department of transportation of the relevant information.
Article 52 The municipal department of transportation shall establish and improve the complaint and reporting system for taxi operation services, publish the telephone number, mailing address, online new media account or E-mail address, and accept the complaints from the public and drivers. The municipal department of transportation is responsible for accepting complaints.
Article 53 After receiving a complaint, the municipal department of transportation shall note the following items:
1. Name, organization and contact information of the complainant;
2. The name (or name of organization) of the respondent, taxi license plate or other operation information;
3. Main facts and demands.
If the complainant fails to truthfully provide the contents of the preceding paragraph, the case shall be regarded as an invalid complaint.
Article 54 After receiving the complaint and registering its information, the municipal department of transportation may refer the complaint to the operator for investigation and handling as the first step. The operator shall complete the investigation within five working days from the date of receiving the complaint, inform the complainant of the result and report to the municipal department of transportation.
If the complainant is not satisfied with the result or the operator fails to inform the complainant of the result within the specified time limit, the complainant may complain again to the municipal department of transportation.
Article 55 After receiving the complaint from the complainant again, the municipal department of transportation shall investigate and handle the complaint in accordance with the relevant provisions, and inform the complainant of the result within the specified time limit. After investigation, if the complaint is true, relevant measures will be taken for the offending operators and drivers in accordance with the relevant provisions; if the complaint lacks factual basis, or the fact cannot be determined because the complainant does not cooperate with the investigation, the complaint will be dismissed.
Operators and drivers shall cooperate with and assist the municipal department of transportation in investigating passenger complaints.
Article 56 In the process of supervision and inspection, if it found that the taxi business license, vehicle operation license and taxi driver's license have not been obtained in accordance with law, the municipal department of transportation may detain the vehicle and operation facilities and decide on the case within the specified time limit; if assembled motor vehicles or motor vehicles that should be forcibly scrapped in accordance with law are found, they shall be handed over to the public security organ for disposal in accordance with law.
When detaining vehicles and operating facilities, the municipal department of transportation shall issue a detention certificate and properly keep the detained vehicles and operating facilities. They may not be used illegally and the storage fees may not be collected explicitly or implicitly.
If the seizure of vehicles and operating facilities is lifted in accordance with law, the municipal department of transportation shall notify the parties concerned in writing to collect them within a time limit; the safekeeping expenses arising from the overdue shall be borne by the parties concerned. If such vehicles and operating facilities are not collected after three months of notification, the municipal department of transportation may auction or sell the detained vehicles and operating facilities in accordance with law, and the proceeds from the auction or sale shall be subject to the relevant provisions of the state.
Article 57 If the municipal department of transportation cannot determine the exact address of the administrative counterpart in the process of performing its duties, the administrative counterpart shall provide or confirm its accurate address for service, and fill in the confirmation letter of the address for service. If the administrative counterpart refuses to provide the address, the municipal department of transportation shall inform it of the adverse consequences of refusing to provide the address for service.
If the administrative counterpart refuses to provide its own address for service, for the natural person, the place of residence or habitual residence in the household registration shall be regarded as the address for service; for a legal person or other organization, the place of its business registration or other legal registration or filing shall be regarded as the address for service.
Article 58 With the consent of the addressee, the competent department of transportation and the traffic administration and department of the public security organ may serve the law enforcement documents by fax, e-mail, mobile communication and other methods that enable immediate access. If the addressee agrees that the document can be sent by electronic means, he/she shall confirm it in the confirmation letter of address for service. If the delivery is made by electronic means, the date on which the corresponding system of the law enforcement department records the successful delivery shall be the date of delivery. However, if the addressee proves that the date on which the delivery arrive at the specific system confirmed by he/she is not consistent with the date on which the corresponding system of the law enforcement department records the successful delivery, the date on which the delivery arrive at the specific system shall prevail.
Chapter Five Legal Liabilities
Article 59 Under any of the following circumstances, the municipal department of transportation shall order the violator to make corrections within a time limit and impose penalties in accordance with the following provisions:
1. In violation of the provisions of paragraph 2 of Article 9 and paragraph 2 of Article 19 of these Regulations, the organization engages in taxi business without obtaining a taxi business license shall be fined not less than 30000 yuan but not more than 100000 yuan, and the illegal income shall be confiscated;
2. In violation of the provisions of paragraph 3 of Article 14 and paragraph 2 of Article 21 of these Regulations, the operator shall be fined 30000 yuan per vehicle if he uses a vehicle to engage in operation services without a vehicle operation license;
3. In violation of the provisions of Article 18 of these Regulations, if vehicles other than the cruise taxi adopts the same or similar appearance as a cruise taxi, and is equipped with cruise taxi sign lights, metered pricing equipment, signs showing operating status and other operating facilities and signs that are the same or similar to those used by the cruise taxi, a fine of 30000 yuan shall be imposed.
Article 60. Under any of the following circumstances, the municipal department of transportation shall order the violator to make corrections within a time limit and impose penalties in accordance with the following provisions:
1. In violation of the provisions of paragraph 4 of Article 11 of these Regulations, the cruiser taxi operator who transfers, leases or entrusts others to operate the vehicle shall be fined 30000 yuan per vehicle. If the violator fails to make corrections within the time limit, the right to operate the vehicle shall be withdrawn;
2. In violation of the provisions of item 4 of Article 36 and item 3 of Article 37 of these Regulations, if a cruiser taxi driver hands over the cruiser taxi to others to provide operation services without authorization, or an online car-hailing driver hands over his own vehicle for online car-hailing to others to provide operation services, the driver shall be fined not less than 1000 yuan but not more than 3000 yuan;
If the operator knows or should know that the driver has violated the second item of the preceding paragraph, the municipal department of transportation shall impose a fine of not less than 10000 yuan but not more than 30000 yuan per vehicle.
Article 61 Under any of the following circumstances, the municipal department of transportation shall order the violator to make corrections within a time limit and impose penalties in accordance with the following provisions:
1. In violation of the provisions of Article 28 of these Regulations, if a driver fails to handle the registration of professional qualifications in accordance with provisions, the operator shall be fined 1000 yuan per driver and the driver shall be fined 500 yuan each;
2. In violation of the provisions of paragraph 2 of Article 26 and Article 29 of these Regulations, if a person drives a taxi to provide operation services without obtaining a taxi driver's license or if his/her taxi driver's license is cancelled in accordance with law, the operator shall be fined not less than 10000 yuan but not more than 30000 yuan per driver, and the individual shall be fined not less than 1000 yuan but not more than 3000 yuan.
Article 62 Under any of the following circumstances, the municipal department of transportation shall order the operator to make corrections within a time limit; if the operator fails to make corrections within the time limit, it shall be fined not less than 30000 yuan but not more than 100000 yuan:
1. Violating item 2 of Article 31 of these Regulations, failing to establish, improve and implement the driver management system as required, or failing to carry out training for drivers as required;
2. Violating the provisions of item 6 of Article 31 of these Regulations and failing to establish systems for passenger evaluation, complaint handling and lost and found;
3. Violating the provisions of item 2 of Article 32 of these Regulations, avoiding the responsibility of the carrier and the main responsibility of safe production by signing a contract with the driver or a third person;
4. In violation of the provisions of item 3 of Article 32 of these Regulations, transferring business risks to drivers by collecting contracting fees in advance or splitting payment for the vehicle.
Article 63 Under any of the following circumstances, the municipal department of transportation shall order the operator to make corrections within a time limit and impose penalties in accordance with the following provisions:
1. Those who violate the provisions of item 4 of Article 13 of these Regulations, so that the on-board terminals and other operating facilities and the appearance of vehicles does not meet the requirements of provisions, shall be fined not less than 1000 yuan but not more than 3000 yuan per vehicle;
2. Those who violate the provisions of paragraph 2 of Article 17 of these Regulations and fail to remove the physical characteristics and the operating facilities from the cruise taxi after it is out of operation shall be fined not less than 1000 yuan but not more than 3000 yuan per vehicle;
3. Those who violate the provisions of item 5 of Article 32 of these Regulations, set up advertisements and put articles on taxis that affect safe driving and cover operation facilities shall be fined not less than 1000 yuan but not more than 3000 yuan per taxi;
4. Those who violate the provisions of item 3 of Article 31 of these Regulations, fail to well arrange the operating hours of drivers, and fail to correct within the time limit, shall be fined not less than 1000 yuan but not more than 5000 yuan per person;
5. Those who violate the provisions of item 7 of Article 31 of these Regulations and fail to purchase relevant insurance in accordance with provisions shall be fined not less than 5000 yuan but not more than 10000 yuan per vehicle;
6. In violation of the provisions of item 8 of Article 31 of these Regulations, the vehicle and driver that provide services through reservation is inconsistent with the reserved vehicle or driver, a fine of 5000 yuan shall be imposed for each vehicle;
7. Those who violate the provisions of item 4 of Article 31 of these Regulations and fail to transmit information on vehicles in operation, drivers, vehicle satellite positioning and other necessary operating data to the municipal government supervision platform in accordance with provisions shall be fined not less than 10000 yuan but not more than 30000 yuan; if the circumstances are serious, the taxi business license may be revoked;
8. If an online car-hailing operator violates the provisions of item 5 of Article 33 of these Regulations and fails to display the vehicle number plate, driver's name, photo, taxi driver's license number, organization, mobile phone number, service evaluation results and other information of the service provider on the passenger app, he shall be fined not less than 5000 yuan but not more than 10000 yuan;
9. If the online car-hailing operator violates the provisions of item 6 of Article 33 of these Regulations and fails to fully, truly and accurately disclosing to the car-hailing client all kinds of vehicles to be booked and their number within a three kilometer radius of the designated geographical location by the client, as well as the online car-hailing pricing standards, he shall be fined not less than 5000 yuan but not more than 10000 yuan.
Article 64 Driver who commits one of the following acts shall be ordered by the municipal department of transportation to make corrections and be fined not less than 200 yuan but not more than 500 yuan:
1. Violating the provisions of paragraph 1 of Article 35 of these Regulations, failing to carry or display the vehicle operation license and taxi driver's license consistent with the information of the vehicle and driver along with the vehicle when operating;
2. Violating the provisions of item 2 of Article 35 of these Regulations, failing to conduct routine inspection before operation, keep the inside and outside of the vehicle clean, and make sure that the vehicle meets the relevant technical standards, and the operation facilities and signs are in bad condition.
3. Violating the provisions of item 4 of Article 35 of these Regulations, failing to consult with passengers to choose a reasonable route according to the destination designated by passengers, and changing the driving route decided upon consultation without justified reasons;
4. Violating the provisions of item 2 of Article 36 of these Regulations, when engaging in cruise taxi services, in the operation status of empty car for rent, suspension of service, on-call appointment, etc., the sign for the corresponding status is not displayed;
5. Violating the provisions of item 3 of Article 36 of these Regulations, failing to wait in turn at passenger flow distribution centers in accordance with provisions.
Article 65 Driver who commits one of the following acts shall be ordered by the municipal department of transportation to make corrections and be fined not less than 1000 yuan but not more than 2000 yuan; if the circumstances are serious, the taxi driver’s license shall be revoked:
1. Violating the provisions of item 3 of Article 35 of these Regulations, failing to collect fares according to the prescribed pricing methods and charging standards, or provide invoices in line with the provisions of the taxation department;
2. Violating the provisions of item 5 of Article 35 of these Regulations, refusing to carry, leaving the passenger on the way, or carrying other people without the consent of the passenger;
3. Violating the provisions of item 6 of Article 35 of these Regulations, failing to provide services at the agreed time and place without justified reasons after the services have been reserved;
4. In violation of the provisions of item 1 of Article 36 of these Regulations, the cruise taxi driver fails to use on-board terminal and metered pricing equipment in accordance with rules, or continues to operate when the vehicle terminal, metered pricing equipment and other operating facilities fail to function or are damaged;
5. In violation of item 2 of Article 37 of these Regulations, driving vehicles for online car-hailing to cruise and solicit passengers explicitly or implicitly, or using the special service facilities of cruise taxi, such as cruise taxi lanes and waiting areas.
Article 66 Under one of the following circumstances, online car-hailing operator who violates the relevant provisions of Article 33 of these Regulations shall be ordered to make corrections by the market supervision department, and penalties shall be imposed in accordance with the following provisions:
1. Those who fail to reasonably set the operating price, publicize the pricing standard and clearly mark the price, or fail to charge according to the publicized standards, shall be fined not less than 10000 yuan but not more than 30000 yuan;
2. Those who apply differential treatment to cruise taxis on reservation and different types of online car-hailing vehicles for the purpose of excluding competition shall be fined not less than 30000 yuan but not more than 100000 yuan;
3. Those who use false or misleading pricing means to trick the car-hailing client into trading with them shall be fined not less than 30000 yuan but not more than 100000 yuan.
Article 67 Who violates the provisions of Article 38 of these Regulations, solicits passengers for taxis at airports, railway stations, transportation hubs and other passenger flow distribution centers, or solicits passengers for the purpose of providing illegal transportation services, thus disrupting public order, shall be fined 2000 yuan by the public security organ.
Article 68 If a non-local taxi violates the provisions of Article 43 of these Regulations, the municipal department of transportation shall impose a fine of not less than 5000 yuan but not more than 20000 yuan on the driver, and may detain the vehicle and operation facilities in accordance with law.
Chapter Six Supplementary Provisions
Article 69 Those who have obtained the taxi operation license, green taxi license quota and pure electric taxi license quota in accordance with law before the implementation of these Regulations may continue to operate a corresponding number of cruise taxis within the specified service term.
The taxi operation license issued in accordance with law before the implementation of these Regulations, which may be transferred, leased or entrusted to others for operation according to the provisions at that time, may be transferred or leased to a cruise taxi operator in Shenzhen Municipality within the service term in accordance with the relevant provisions, and may also be entrusted to a cruise taxi operator in Shenzhen Municipality for operation.
The service term of the taxi operation license issued before November 30, 2000 is 50 years, and the service term of the taxi operation license issued after December 1, 2000 is subject to the relevant provisions of the municipal government. The service term of the taxi operation license issued before April 30, 1995 shall start from May 1, 1995.
The service term of green taxi license quota and pure electric taxi license quota obtained in accordance with law before the implementation of these Regulations shall be subject to provisions or agreements when the licenses were issued.
Article 70 If an operator has obtained a cruiser taxi operation license before the implementation of these Regulations, while its number of taxi operation licenses and quotas obtained are less than the specified number of vehicle operation rights, but meets other conditions specified in Article 9, and applies for an extension of the validity of the cruiser taxi operation license, the municipal department of transportation shall grant an extension. However, if the operator is engaged in cruiser taxi operation services after separation or merger, it shall meet the relevant conditions stipulated in these Regulations.
Article 71 The standards of taxi models, the standards of on-board terminals and other operating facilities, as well as the measures on the transfer of operation licenses and entrusting others with operation shall be separately formulated by the municipal department of transportation.
Article 72 These Regulations shall enter into force on September 1, 2021, and the Regulations of Shenzhen Special Economic Zone on the Administration of Taxi shall be repealed simultaneously.
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