(Promulgated by Decree No. 55 of Shenzhen Municipal People's Government on November 3, 1996, revised by Decree No. 135 of Shenzhen Municipal People's Government on August 26, 2004, and amended by Decree No. 331 of Shenzhen Municipal People's Government on June 15, 2020)
Chapter One General Provisions
Article 1 These Implementation Rules (hereinafter referred to as these Rules) are formulated inaccordance with the Regulations of Shenzhen Special Economic Zone on Taxi Management (hereinafter referred to as the Regulations).
Article 2 The transportation administration authority of Shenzhen Municipal People's Government (hereinafter referred to as the municipal transportation administration authority) is the competent administrative department for the taxi industry of Shenzhen Special Economic Zone.
The professional management agency for the taxi industry in the Special Zone (hereinafter referred to as the management agency) set up by the municipal transportation administration authority shall exercise the functions and powers delegated by the municipal transportation administration authority to manage the taxi industry according to the Regulations and these Rules.
Article 3 Shenzhen Municipal People's Government (hereinafter referred to as the municipal government) shall put the total transport capacity of taxis under macro-control in accordance with the development demands of urban public transportation.
To increase or decrease of the transport capacity of taxis in batches, the municipal transportation administration authority shall submit plans to the municipal government for implementation approval. Before that the municipal transportation administration authority shall make plans with descriptions based on the planning of taxi industry development, the supply-demand relationship, and the profit earning power, and shall solicit opinions from the departments of public security and traffic management and the municipal taxi industry association.
Article 4 Large-scale operation shall be adopted for taxis industry.
Large-scale operation refers to the operating activities carried out by organizations that meet the conditions stipulated in the first paragraph of Article 15 of the Regulations and that have special management agencies and a certain number of taxis and service facilities.
Chapter Two Operating License
Section 1 Auction for Transfer
Article 5 The "auction of operating licenses" mentioned in Article 11 of the Regulations refers to the activity conducted by an auction agency entrusted by the municipal transportation administration authority of transferring an operating license to the bidder offering the highest price by way of open bidding or tendering.
Article 6 The auction of operating licenses shall follow the principles of openness, fairness, and impartiality.
Article 7 The auction of the transfer of operating license shall be carried out on an irregular basis.
The municipal transportation administration authority shall publish the number of operating licenses to be auctioned 60 days before the auction date.
Article 8 The auction agency for operating licenses shall issue an auction announcement 30 days before the auction date.
The auction announcement shall include the following contents:
(1) Time and venue of the auction;
(2) Number of operating licenses to be auctioned;
(3) Auction model;
(4) Qualifications or conditions of bidders;
(5) Other matters that shall be announced.
Article 9 Bidders shall, within the time limit specified in the auction announcement, fill in and submit the Application Form for Bidding for Taxi Operating License to the management agency and provide the following information at the same time:
(1) Business license, certificate of legal representative or person in charge, identity certificate, and letter of authorization for agent;
(2) Certificate issued by a bank that proves its bidding competence for operating license.
Article 10 The management agency shall review the qualifications of bidders and the materials they provide; issue a Notice on Bidding Qualification to the bidder who meets the requirements.
Article 11 Bidders who have obtained the Notice on Bidding Qualification shall pay deposit to the auction agency according to the auction rules before the auction date.
The amount of deposit set out in the preceding paragraph shall be stipulated according to the number of operating licenses the bidder is applying for. For a bidder who wins an auction, its deposit will immediately be used to offset the payment for an operating license; for bidders who fail an auction, the auction agency shall return their deposit within five days from the auction date.
Article 12 The auction of operating licenses shall be carried out in accordance with the relevant provisions of the Regulations of Shenzhen Special Economic Zone on the Auction of Property, unless otherwise specified in these Rules.
Article 13 For a successful auction, the winning bidder, auctioneer, and the municipal transportation administration authority shall sign the Confirmation of Transfer of Taxi Operating License by Auction (hereinafter referred to as the Confirmation of Transfer) on the spot based on the minutes of auction.
Article 14 The winning bidder shall, within 30 days from the date of signing the Confirmation of Transfer, go to the management agency to pay the operating license fee and receive the winning bidder certificate for taxi operating license which is issued by the municipal transportation administration authority.
If a winning bidder fails to pay the operating license fee within the specified time, the management agency shall, within 15 days from the due date of payment, make a written payment request to the winning bidder for the operating license fee; if the winning bidder still fails to pay after the expiry date of the payment request, the management agency may submit the matter to the municipal transportation administration authority to revoke the Confirmation of Transfer and to hold another auction of the operating license referred. The re-auction fees incurred shall be borne by the previous winning bidder.
Article 15 Within 90 days from the date of obtaining an operating license, an operator shall go through the formalities regarding Road Transport Operating License, business license, tax registration, car purchase and car registration based on the winning bidder certificate for taxi operating license and other materials at the municipal authorities including but not limited to the municipal transportation administration authority, municipal industry and commerce authority, municipal taxation authority, and vehicle management office of municipal public security authority.
Article 16 An operator shall, within 30 days after completing the formalities stipulated in the preceding article, apply to the management agency for a road transportation certificate, register its vehicle type and plate number, and obtain the operating license.
Article 17 For the operating license obtained after the implementation of the Regulations, its valid term shall begin from the issuing date.
Article 18 The municipal transportation administration authority shall, within 15 days from the receipt date, transfer the operating license fees to the special bank account established by the municipal finance department for dedicated purposes.
The operating license fees collected shall be used for the development of the taxi industry and the construction of transportation infrastructure. The expenses shall be planned and arranged uniformly by the municipal transportation administration authority and cannot be made until the municipal government approves.
Section 2 Transfer and Pledge
Article 19 An operating license holder that meets the requirements stipulated in Article 18 of the Regulations may transfer his operating license.
For an operating license obtained before the auction-based transfer mechanism for operating licenses is implemented, the holder shall repay the operating license fee before transferring the license according to the average transaction price of the latest public auction.
Article 20 Operating licenses may be transferred by means of commissioned auctions or agreements.
The rights and obligations of taxi operation that are not terminated according to law when the transferor transfers the operating license shall be inherited by the transferee.
Article 21 The transferee of the operating license shall meet the conditions stipulated in Article 13 of the Regulations.
Article 22 The operating license shall be transferred together with the taxi it is allocated to, except that the vehicle shall be renewed.
Article 23 If an operating license is transferred by means of agreement, the transferor and the transferee shall sign the Contract for Transfer of Taxi Operating License (hereinafter referred to as the Transfer Contract). If an operating license is transferred by means of commissioned auction, the entrusting party, auctioneer, and winning bidder shall sign the Confirmation of Auction Transaction (hereinafter referred to as the Confirmation).
Article 24 A transferred operating license shall be valid only after its transfer has been registered.
The transferor and the transferee or the entrusting party and the winning bidder shall, within 30 days from the date of signing the Transfer Contract or Confirmation, register for the transfer of operating license with the management agency and pay the transfer registration fee in accordance with the standards set by price departments. The transfer registration fee shall be equally shared by both parties of the transfer transaction.
Article 25 After the transfer registration of an operating license has been completed, the transferee or the winning bidder shall, carrying with the operating license, go to the vehicle management office of municipal public security authority to go through the vehicle transfer or vehicle registration formalities and go to the municipal transportation administration authority, industry and commerce authority, and taxation authority to go through the formalities regarding the Road Transport Operating License, road transportation certificate, industrial and commercial registration, and tax registration respectively.
Article 26 An operating license holder may pledge his operating license in accordance with the law. But it is prohibited to establish more than two pledge rights on one operating license.
Article 27 If pledge right is established on an operating license, the pledger and the pledgee shall sign a written contract and go through the pledge registration with the management agency. The pledge contract shall take effect on the date of registration.
Article 28 If the creditor's rights guaranteed by the pledged operating license extinguish, the pledgor shall go through the pledge cancellation registration with the management agency within ten days from the date of the extinguishment of the creditor's rights.
Article 29 To transfer a pledged operating license, the transfer procedures and transferee conditions shall meet the requirements in relevant provisions on the transfer of operating licenses.
Under the circumstance that an operating license is pledged during the first two years of taxi business operation and needs to be transferred, it shall be auctioned with the approval of the municipal transportation administration authority. After relevant expenses are deducted from the auction income, the portion that exceeds the amount of the creditor's rights shall belong to the pledger, whereas the insufficient portion shall be paid by the debtor.
Section 3 Other Rules
Article 30 If an operating license is lost, its holder shall declare it invalid in newspaper, and apply to the management agency for reissuance.
If an operating license is damaged, its holder shall apply to the management agency for examination to renew.
Article 31 For the renewal of a taxi, an operating license holder shall go to the management agency to go through the formalities for the change of the operating license, the road transportation certificate, and the driving permit within 15 days from the date of completing new vehicle registration.
Article 32 When an operating license expires, the operating license holder shall, within 30 days from the expiry date, return it to the management agency for cancellation, and go through relevant registration formalities at the vehicle management office of municipal public security authority.
Chapter Three Operating Management
Section 1 Taxis and Drivers
Article 33 The conditions of taxis in operation mentioned in Article 22 of the Regulations refer to the conditions of the service facilities of taxis that are in operation.
The conditions of taxis in operation shall meet the following criteria:
(1) The facilities installed as required by the first paragraph of Article 21 of the Regulations are full equipped and effective;
(2) The taximeter and vacant indicator are installed on the dashboard in front of the front passenger seat;
(3) The roof light is installed in the middle of the car roof;
(4) The wireless communication facilities work normally;
(5) The anti-robbery fences are firmly installed;
(6) The floor, seats, and trunk of the car are free of debris, clean and hygienic;
(7) Car doors are not deformed or get loose; the door lock system works well; car windows can be opened and closed properly;
(8) There is no dirt on the exterior of the car body, and no serious dents, mildew, and peeling paint on the car body; the number plates and rental plates are available and do not cover or overlap each other;
(9) The full name and phone number of the operator shall be printed on the front doors of both sides; yellow taxis shall be printed with the words "Taxi Within the Special Zone"; price lists shall be posted in prominent positions on the rear doors inside the car; the driving permit of the driver on duty shall be hung in a prominent position in front of the front passenger seat with no obstruction to the view of the driver; the anti-robbery fence behind the driver's seat shall be printed with the vehicle's license plate number and the complaint phone number of the municipal transportation administration authority; signs of no smoking shall be posted on the back within the car.
All texts printed in accordance with provisions shall be complete and clear.
Article 34 Taxi drivers shall meet the conditions set by the State regulations.
Article 35 Drivers who want to change their taxi operation service provider or their vehicles shall go to the original issuing authority to go through the formalities for the change of driving permits.
Article 36 If a driving permit is lost, its holder shall declare it invalid in newspaper, and apply to the original issuing authority for reissuance with valid qualification certificate. If a driving permit is damaged, its holder shall apply the original issuing authority for renewal with the old permit.
If a qualification certificate is lost, its holder shall declare it invalid in newspaper, and apply to the original issuing authority for reissuance. If a qualification certificate is damaged, its holder shall apply the original issuing authority for renewal with the old qualification certificate.
Article 37 It is prohibited to forge, alter, or repeatedly obtain a driving permit or a qualification certificate.
Section 2 Business Operation
Article 38 When waiting for passengers at station, wharve, airport, port, or any other passenger terminal, a taxi driver shall abide by the following provisions:
(1) A taxi driver shall wait for passenger(s) in order, and shall not disrupt such management order with acts including but not limited to negotiating rental fees;
(2) A taxi driver shall not leave the cab when waiting for passenger(s);
(3) A taxi driver shall not solicit passenger(s) by other people or other improper means;
(4) A taxi driver shall follow the command and dispatch of transportation administrative personnel.
Article 39 When carrying no passengers, a taxi driver shall use the "vacant" sign or "temporarily closed" sign. When carrying passenger(s), a taxi driver shall not use the "vacant" or "temporarily closed" signs.
For the use of the "vacant" sign during the day, the sign shall remain erected inside the cab to indicate the vacant state; for the use of the "vacant" sign during the night, both the vacant sign indicator and roof light shall be turned on at the same time to indicate the vacant state.
When stop carrying passengers, the vacant sign shall be covered by the ‘temporarily closed’ sign. The "temporarily closed" sign shall be put away in a hidden place when it is not in use.
Article 40 A taxi driver shall activate the taximeter upon the boarding of a passenger and show the passenger the amount of the fare indicated in the taximeter upon arrival at the destination; if the driver refuses to show the fare indicated in the taximeter, the passenger has the right to refuse to pay the fare.
Article 41 The fares stipulated in Article 35 of the Regulations shall be calculated and collected in RMB.
The fare for returning from a long journey shall be calculated based on the actual distance exceeding 30 kilometers.
Article 42 The term "charter taxi service" mentioned in Article 36 (1) of the Regulations refers to the taxi service with fares calculated based on time.
If a fare is determined by negotiation in accordance with Article 36(2) of the Regulations, the fare shall be collected in accordance with the agreed standard.
For a fare determined by negotiation, the driver shall collect the fare from a passenger before the onboarding and issue a special transport invoice for the fare determined by negotiation.
Article 43 Any taxi passenger transport invoice (hereinafter referred to as passenger invoice) shall be issued and managed by the management agency in a unified manner. Any passenger invoice shall be printed or affixed with the full name of the operation service provider and its telephone number.
Article 44 For a complaint made by a passenger against a driver or a taxi operation service provider in accordance with the regulations, if the passenger is required to specify the facts of the complaint but is unwilling to specify or is not present within the scheduled time, it shall be deemed that the passenger has cancelled the complaint; if the driver or taxi operation service provider is required to be present to defend themselves but is not present within the scheduled time, it shall be deemed that the driver or taxi operation service provider has given up defending themselves.
If a passenger's complaint is groundless and causes losses to a driver, the passenger shall compensate for the actual economic loss of the driver.
Article 45 A driver may sign a contract with a taxi operation service provider for contracted operation. For contracted operation, the standard contracts formulated by the municipal transportation administration authority shall be used.
A contract on contracted operation shall contain the following terms:
(1) Both parties to the contract;
(2) The vehicle and term for the contracted operation;
(3) Amount of the contracted operation fees;
(4) Warranty;
(5) Allocation of statutory fees;
(6) Other rights and obligations of both parties;
(7) Other terms agreed by both parties.
In the terms listed above, the maximum amount of the the contracted operation fees, the maximum deposit for the contracted operation in the warranty clause, and the allocation of statutory fees shall be determined by the municipal transportation administration authority.
Article 46 The municipal taxi industry association shall formulate the service commitments of the taxi industry in the municipality on taxi services to society, publish the service commitments as industry's professional norms to society, and supervise its members in following the norms.
A taxi operation service provider shall honor the service commitments of the taxi industry and may make a commitment to provide better services according to its actual conditions. The implementation of the service commitments shall be an assessment item for the annual review and appraisal of the taxi operation service providers carried by the municipal transportation administration management authority, the management agency, or the municipal taxi industry association.
Chapter Four Legal Liability
Article 47 No entity or individual except the municipal transportation administration authority or its authorized management agency may detain any operating license, driving permit, or road transportation permit. If a taxi operation service provider believes that it is necessary to detain any of such documents, the taxi operation service provider shall submit a detention application to the municipal transportation administration authority or its authorized management agency for approval in accordance with the law.
When temporarily detaining any of the documents listed in the preceding paragraph, the municipal transportation administration authority or its authorized management agency shall deliver the decision on temporary detention issued by the municipal transportation administration authority to the party concerned. The party concerned shall go to the municipal transportation administration authority for investigation within the time limit specified in the decision on temporary detention.
Article 48 If a winning bidder of an operating license puts the taxi into operation before going through relevant formalities within the specified time without proper reason, the winning bidder shall be ordered to go through relevant formalities within the time limit. If relevant formalities are still not made within the time limit, the relevant operating license received by such winning bidder shall be taken over, while the operating license fees paid shall be returned after relevant fees have been deducted.
The municipal transportation administration authority may decide to re-auction the operating licenses collected according to the preceding paragraph. The fees incurred for re-auction shall be borne by the persons penalized.
Article 49 For a violation of the management provisions on operating license by any one of the following acts, the municipal transportation management authority or its authorized management agency shall order the relevant operation service provider to suspend its operation service, confiscate its illegal income, and impose a fine of 2,000 yuan on the operation service provider:
(1) Failing to go through the registration formalities for the change of operating license, road transportation permit, or driving permit on time without suspending operation service;
(2) Failing to go through the cancellation formalities on time after the expiration date of an operating license without suspending operation service;
Article 50 For a violation of relevant management provisions on conditions of taxis in operation by any one of the following acts, the municipal transportation management authority or its authorized management agency shall order the relevant operation service provider to make corrections, and impose a fine on it:
(1) If a car body is severely damaged with obvious dents, mildew, peeling paint, or the whole car looks unclean, the operation service provider shall be ordered to make rectifications within a time limit and a fine of 800 yuan shall be imposed on such operation service provider. If the operation service provider fails to make rectifications on time, it shall be ordered to cease operation service;
(2) If the doors of a car get deformed and loose, the doors cannot lock properly, or the window cannot be opened and closed normally, the operation service provider shall be ordered to make rectifications within a time limit and given a fine of 500 yuan;
(3) If a operation service provider adds or modifies taxi facilities without authorization, such operation service provider shall be ordered to make rectifications and given a fine of 500 yuan;
(4) If the floor, seats, trunk, or exterior of a car is not clean, the operation service provider shall be ordered to make rectifications and given a fine of 200 yuan;
(5) If the texts of signs printed or posted on a taxi in accordance with regulations are not complete or clear, the operation service provider shall be ordered to make rectifications and imposed a fine of 200 yuan;
(6) If a sign of no smoking is not posted in the prescribed position, a fine of 50 yuan shall be imposed on the operation service provider;
Article 51 For any of the following acts of a taxi driver, the municipal transportation administration authority or its authorized management agency shall impose the following punishments on the driver accordingly:
(1) If a driver uses the taximeter improperly, including but not limited to activating the taximeter before a passenger getting on the car, the driver shall be ordered to return the fare to the passenger and given a fine of 50 times of the excessive amount, and the violation shall be recorded.
(2) If a driver uses the taximeter improperly, including but not limited to activating the taximeter before a passenger getting on the car, the driver shall be ordered to return the fare to the passenger and given a fine of 50 times of the excessive amount, and the violation shall be recorded.
(3) If a driver does not properly use the "vacant" or "temporarily closed" signs when carrying no passengers, a fine of 1,000 yuan shall be imposed on the driver, and the violation shall be recorded.
(4) If a driver does not use the taximeter when carrying a passenger, a fine of 500 yuan shall be imposed on the driver, and the violation shall be recorded.
(5) If a driver does not offer passenger invoices, offers incomplete passenger invoices, provides passenger with invoices without the full name of the operation service, or does not issue specialized passenger invoices for fares determined by negotiation, the driver shall be ordered to make rectifications and given a fine of 500 yuan.
(6) If a driver changes the function of the vacant sign indicator or the roof light, the driver shall be ordered to make rectifications and given a fine of 200 yuan;
(7) When waiting for passengers at stations, wharves, airports, ports, or dedicated waiting stations for main roads in the municipality, if a driver does not wait for passengers in order, does not obey the management of waiting for passengers, leaves the cab when waiting for passengers, solicits passengers by other people or other improper means, or does not follow the command and dispatch of transportation administrative personnel, the driver shall be ordered to make rectifications and given a fine of 200 yuan.
Article 52 If two or more persons are responsible for violations of the Regulations or these Rules, these persons shall be punished separately based on the facts and the circumstances of violations.
If a violator commits two or more offenses at the same time, concurrent punishment shall be imposed to the violator.
Article 53 The municipal transportation administration authority and its authorized administrative agency shall exercise the authority to execute administrative penalty in accordance with relevant administrative penalty decisions, the procedures of administrative penalties, and the corresponding legal liability regulations specified in the Law of the People's Republic of China on Administrative Penalty.
Chapter Five Supplementary Provisions
Article 54 The terms "no less than" and "within" used in the Regulations and these Rules shall include the number itself, while the term "under" shall exclude the number itself.
Article 55 These Rules shall come into force on the date of promulgation.
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