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308 Administrative Rules of Shenzhen Municipality on Green Taxis[深圳市绿色出租小汽车管理规定(2004)]

来源: 日期:2009-02-16 字号:[]

Archived(May 28, 2018)

 (promulgated by Decree No.133 of Shenzhen Municipal People’s Government on March 13, 2002, revised by Decree No. 135 of Shenzhen Municipal People’s Government on August 26, 2004) 

 

  

 

Chapter  One  General Principles 

 

    Article 1  In order to standardize the operation, service and management of green taxis of Shenzhen Municipality, promote the healthy development of taxi industry, safeguard the legal rights and interests of taxi-takers, operation enterprises and drivers, these Rules are formulated on the basis of the actual circumstances of Shenzhen Municipality. 

 

  

 

Article 2  These Rules shall be applicable to the operation, service and management of green taxis of Shenzhen Municipality. 

 

  

 

Article 3  The term of green taxis of Shenzhen Municipality mentioned in these Rules (hereinafter referred to as green taxis) refers to the taxis which have been approved of running business outside the Shenzhen Special Economic Zone, can carry at most four taxi-takers at one time, and charge carfares as standardized according to these Rules. 

 

  

 

Article 4  The administrative department of traffic and transportation of Shenzhen Municipal People’s Government (hereinafter referred to as the municipal competent department) and the administrative departments of traffic and transportation of Baoan and Longgang District People’s Governments (hereinafter referred to as the district administrative departments of transportation) shall carry out supervision and inspection to the operation and service of green taxis according to these Rules. 

 

The departments of managing state-owned properties, industry and commerce, commodity price, supervising quality and technology, public security and labor of Shenzhen Municipal People’s Government (hereinafter referred to as the municipal government) shall assist the municipal competent department in supervising and managing green taxis within their respective authorities. 

 

  

 

Article 5  The development of green taxis shall satisfy the requirements of the overall city development planning of Shenzhen, and shall be included in the overall planning of public transportation of Shenzhen. The general scale of green taxis industry shall be put under the macro controlling by the municipal competent department according to the needs of developing city public transportation. 

 

  

 

Article 6 The enterprises which can operate green taxis shall be determined by the municipal competent department by bidding. 

 

The system of compensated use shall be carried out in the operation rights of green taxis (hereinafter referred to as the operation rights). 

 

The municipal competent department shall turn in the fees of compensated use to a special bank account established by the municipal administrative department of finance. The money shall only be used as designated. 

 

The fees of compensated use shall be used in the industry of public transportation. The expenditure of money shall be listed and arranged by the municipal competent department uniformly, and may not be used until being approved by the municipal government. 

 

  

 

Article 7  The enterprise which has acquired the operation rights of green taxis (hereinafter referred to as the operation enterprise) shall run business by law, operate taxis by civilization ways, provide services for taxi-takers, and consciously accept the supervision by the municipal competent department, district administrative departments of transportation and social public. 

 

  

 

Chapter  Two   the Granting and Taking back of Operation Rights, and the Administration and Supervision to the Operation Rights 

 

Article  8   Anyone who wants to engage in the business of green taxis shall acquire the operation rights granted by the municipal competent department according to these Rules. 

    No unit or individual may establish any mortgage on his green taxis or his operation rights of green taxis, or transfer or dispose them arbitrarily.

 

  

 

Article 9   The bidding system shall be carried out in the granting of operation rights of green taxis. The municipal competent department shall organize and carry out the invitation for bids of the operation rights under the principles of fairness, justice and selecting the superior ones according to law. 

 

  

 

Article 10  The municipal competent department shall draw up the bid documents, and publicize the notice of invitation for bids according to law. 

 

The bid documents shall specify the following items: 

 

1. the qualification of bidders; 

 

2. the validity period of operation rights; 

 

3. the charging standards of compensated use determined by the municipal government; 

 

4. the quantity of green taxis planned to be input into operation; 

 

5. the main technical standards of cars; 

 

6. the charging standards of rent determined by the municipal government; 

 

7. the requirements of service facilities; 

 

8. the standards and procedures of evaluation; 

 

9. other requirements. 

 

  

 

Article 11  The municipal competent department shall establish a tender evaluation committee to carry out examination and quantification evaluation to the following situations of the bidding enterprises, and determine which one shall be the winner: 

 

1. the operation scale and the specialization degree of management; 

 

2. the composition of specialists; 

 

3. the condition of facilities; 

 

4. the setting of structures; 

 

5. the rules and systems; 

 

6. the civilization degree of services;  

 

7. the contributions to the industry; 

 

8. other situations provided in the bid documents. 

 

When a bid winner is determined, the municipal competent department shall issue a bid winning notice to the winner, and inform the bid result to all losing enterprises. 

 

The enterprise winning the bid shall pay in full the compensated use fees to the municipal competent department within 15 days upon receiving the bid winning notice. 

 

  

 

Article 12  The municipal competent department shall issue the document of granting operation rights to the enterprise winning the bid within 15 days upon it paying up the compensated use fees. 

 

The document of granting operation rights shall specify the following items: 

 

1. the granting of operation rights; 

 

2. the scale of the operation rights; 

 

3. the validity period of the operation rights and the quantity of cars; 

 

4. the operation patterns; 

 

5. the management of contracts; 

 

6. the promises to the service quality; 

 

7. the obligations which shall be performed to protect the labor rights of drivers; 

 

8. the procedures and methods for hiring drivers; 

 

9. the giving up of operation rights, the business suspension for rectification, and the disposition of drivers and cars involved in the violation relevant rules;  

 

10. the taking back of operation rights. 

 

The specific forms and requirements of the document of granting operation rights shall be made by the municipal competent department according to these Rules. 

 

  

 

Article 13  If there is no enterprise winning the bid, the municipal competent department shall organize another bid according to law. 

 

  

 

Article 14  The validity period of the operation rights of green taxis is 5 years, and shall start from 90 days after the winning enterprise receives the document of granting operation rights.  

 

  

 

Article 15  An operation enterprise may apply for extending the validity period of its operation rights 1 year before the expiration date. The validity period shall be extended only once and for five years. 

 

If an operation enterprise fails to apply for extension,1 year before the expiration date, before the dead line stipulated by the municipal competent department, it shall be regarded as giving up the extension right automatically. 

 

  

 

Article 16  When the municipal competent department receives an extension application submitted by an operation enterprise, it shall make a comprehensive evaluation to all of its yearly quantification evaluation results during the operation period according to the provisions of Article 24 of these Rules, and shall make a decision on whether to approve the extension or not before 30 days from the expiration of the validity period of operation rights. 

 

If an operation enterprise does not agree with the decision of not approving the extension, it may apply for administrative review or bring litigation according to law. 

 

If an operation enterprise has got an extension of the validity period of operation rights, it shall pay in full the compensated use fee for extension according to the charging standard which is requested by in the latest bidding 15 days before the expiration date of the validity period. The municipal competent department shall cancel the extension approval if the enterprise does not pay up the compensated use fee within the time limit. 

 

  

 

Article 17  The municipal competent department shall organize If an enterprise’s operation rights are not approved to be extended at the expiration date of the validity period, or are taken back by the municipal competent department according to these Rules, or are given up by the enterprise voluntarily in the operation validity period, the municipal competent department shall organize a new bidding on these operation rights according to law. 

 

  

 

Article 18  If an operation enterprise goes bankruptcy in the operation period, the municipal competent department shall take back its operation rights, quota of green taxis and relevant operation certificates. The operation enterprise shall dismantle its operation facilities under the supervision of the municipal competent department. The compensated use fees having been paid by the operation enterprise shall not be refunded.  

 

  

 

Article 19  If an operation enterprise commits any one of the following activities, the municipal competent department shall take back its operation rights and not refund its paid compensated use fees: 

 

1. contracting out its operation rights to another unit or individual; 

 

2. establishing a mortgage on its operation rights or disposing its operation rights without approval; 

 

3. transferring its operation rights without approval or transferring the rights in a disguised form; 

 

4. giving up its operation rights in operation period, or its operation has ceased without approval for accumulative total 1 month in a year; 

 

5. being ordered to make rectification within a time limit twice in a year; 

 

6. getting the last place of the taxi industry of this city in the successive 2 years, according to the taxi-takers’ appraisal concerning operation enterprises’ service, or 

 

7. failing to pass the yearly examination and check in its operation period. 

 

  

 

Article 20  The scheme on making and adjusting the charging standards for the rental of green taxis shall be put forward by the municipal competent department, and may not be implemented until getting approval by the municipal administrative department of price and being publicized. 

 

  

 

Chapter Three   Management of Operation Enterprises 

 

Article 21 Operation enterprises shall adopt the pattern of direct operation in operating green taxis, and undertake the operation risks and managerial responsibilities. 

 

Under the direct operation pattern:  

 

1. the operation enterprise shall invest money to buy cars and undertake the main operation risks;  

 

2. the operation enterprise shall sign a labor contract, which is made uniformly by the municipal administrative department of labor, and an employee service contract whose example is printed uniformly by the municipal competent department, with every driver it employs. The valid period of employee service contract is 1 year, which shall be signed every year and be submitted to the municipal competent department for record; 

 

3. the operation enterprise shall pay social insurance fees for drivers and pay car taxes according to law. 

 

  

 

Article 22  The operation enterprise shall establish a post training system for operation managers to enhance their special managerial abilities. 

 

  

 

Article 23  The operation enterprise shall publicize to the society its procedures for hiring employees, the methods and standards of charging fees and allocating profits which are stipulated in the employee service contracts, and its service promises, and shall make specific promises on service quality. 

 

  

 

Article 24  The municipal competent department shall make quantification appraisal to the operation mechanism, service quality, technical situations of cars, service facilities, and the circumstances of violating rules and being complained of operation enterprises every year. The appraisal result shall be used as the main basis of deciding on the extension of operation rights. 

 

  

 

Article 25  The municipal competent department may entrust a special organ to test operation enterprises about the satisfaction degree of taxi-takers, and about the drivers’ opinions to the managerial systems of their own enterprises. The specific testing measures shall be made separately by the municipal competent department. 

 

  

 

Article 26  The municipal competent department shall carry out annual examination and check system to the operation enterprises, the operation situations of green taxis and the drivers. 

 

  

 

Chapter Four  Management to Cars 

 

Article 27  The basic color of a green taxi’s body shall be green. The design on the body of green taxis shall be determined by the municipal competent department uniformly. 

 

  

 

Article 28  No green taxi may be put into operation until satisfying the following requirements: 

 

1. being a new car which has three carriages and whose air output is more than 1500 milliliters; 

 

2. satisfying the requirements on environmental protection and the operation requirements on technical performance; 

 

3. being the car model uniformly determined by the municipal competent department and the operation enterprises through a joint bidding. 

 

  

 

Article 29  The operation enterprise shall carry the following materials to the car managerial department of public security to transact the formalities of car registration within 90 days upon winning the bid: 

 

1. the document of granting the operation rights issued by the municipal competent department; 

 

2. its business license; 

 

3. other materials required by the car managerial department of public security. 

 

  

 

Article 30  The cars put into operation by an operation enterprise shall have the legal and effective operation certificates of green taxis which are verified and issued by the municipal competent department. 

 

  

 

Article 31  Before a green taxi is put into operation, it shall be installed the required operation facilities, such as the effective fee meter, the top light, the wireless communication facility and the vacant symbol light, and it’s designated place shall be printed on the name of the operation enterprise, be pasted on the price list, the license number of the car, the complaining hot lines of the municipal competent department, the district administrative organs of transportation and the operation enterprise, the main service promises of the operation enterprise and the things which shall be acknowledged by taxi-takers in the consideration of the municipal competent department. The operation certifications may not be issued until the municipal competent department finishes the check and acceptance. 

 

  

 

Article 32  Every green taxi shall accept the function inspection during its operation period according to relevant regulations of the State. No car may be put into operation without being inspected or failing to pass the inspection. 

 

  

 

Article 33 If an operation green taxi has been used for so long and requires to be renewed as stipulated by the State, its operation enterprise shall renew the car, and may not continue putting the old car into operation. 

 

The traffic administrative department of public security shall not grant the annual inspection certificate to the old car mentioned in the preceding paragraph. 

 

The municipal competent department shall take back the operation certificate of the car withdrawing from operation, and supervise the dismantlement of its operational service facilities. 

 

  

 

Article 34  If a green taxi is under any one of the following circumstances, it shall not be put into operation: 

 

1. it fails to pass the car inspection; 

 

2. it can not operate normally because of mechanical malfunction; 

 

3. its fee meter or wireless communication facility can not work normally; 

 

4. its service facility is damaged and dirty, not suitable for taxi-takers to be seated; 

 

5. its number plate is too vague to recognize. 

 

  

 

Article 35  No green taxi may drive in the Shenzhen Special Economic Zone. 

 

  

 

Chapter Five  Management to Drivers 

 

Article 36  The drivers of green taxis shall meet with the requirements stipulated by the State. 

 

  

 

Article 37 The operation enterprise shall apply for driving licenses to the municipal competent department by its drivers’ qualification certificates, labor contracts and employee service contracts which are recognized by the municipal competent department. The municipal competent department shall grant driving licenses to the qualified drivers after verifying the submitted materials. 

 

The driving license may only used by the driver of the green taxi himself. 

 

  

 

Article 38  When an operation enterprise hires a driver, it shall observe the relevant provision of the municipal government on the employment proportion of residents. 

 

If a resident of Shenzhen satisfies the requirements stipulated in Article 36 of these Rules and passes the examination, the operation enterprise shall hire him. 

 

  

 

Article 39  Every driver shall observe the following rules in operation: 

 

1. being civilized and polite, not smoking in the car; 

 

2. wearing uniforms; 

 

3. keeping the car tidy in appearance, and in good technical situation; 

 

4. carrying required operation certificates; 

 

5. stopping the car as required when taxi-takers getting on and off; 

 

6. driving along with a reasonable line or the line required by the taxi-takers;    

 

7. handling the fee meter as required; 

 

8. charging fees as standardized and issuing the uniform taxi-taker transportation invoice confirmed by the municipal administrative department of tax and the municipal competent department; 

 

9. returning the property lost in the car by a taxi-taker, or handing in the property to his enterprise in time; 

 

10. observing other requirements on taxi-taker transportation service; 

 

 

 

Article 40  The following activities committed by a green taxi driver shall be considered as refusing to pick up taxi-takers: 

 

1. turning on the vacant symbol light, stopping the car in front of a taxi-taker waving his hand but refusing to pick him up;  

 

2. turning on the vacant symbol light, but refusing to pick taxi-takers up while waiting at the distributing place of taxi-taker transportation or at the roadside; 

 

3. discontinuing to provide passenger transportation service midway without any proper reason. 

 

  

 

Article 41  The operation enterprise shall check the safety technical targets of the car and its service facilities according to the set standards every day before it is dispatched and after it returns.  

 

  

 

Article 42  The municipal competent department may organize examination and evaluation to grade drivers’ service quality. The operation enterprises may participate in the examination and evaluation voluntarily. 

 

  

 

Article 43 Driving licenses shall be examined yearly. Every driver holding a driving license shall transact the formalities of yearly examination according to the regulations. 

 

The driving license shall be annulled automatically if it is not undergone the yearly examination or fails to pass the yearly examination. 

 

  

 

Article 44  If a driver commits any one of the following activities, the municipal competent department shall take back his driving license of green taxi: 

 

1. driving a green taxi in the Shenzhen Special Economic Zone;  

 

2. signing a supplementary contract or article with the operation enterprise to change the direct operation pattern or change the direct operation pattern in a disguised way; 

 

3. using improper methods to evade the inspection taken by the officials of transportation administration, or hinder them to perform administrative functions and authorities;  

 

4. lending his driving license to another person to use; 

 

5. letting taxi-takers off midway forcibly; 

 

6. using a green taxi as the tool to disturb social order or hinder the order of taxi market; 

 

7. beating up a taxi-taker or stealing a taxi-taker’s property;  

 

8. being recorded for breaking rules more than 3 times a year.  

 

The operation enterprise shall hand in the driving license which is taken back by it to the municipal competent department within the required time limit. 

 

The driver whose driving license is taken back according to these Rules may not engage in the business of driving green taxis for three years upon the date of making the decision of taking back his driving license. 

 

  

 

Chapter Six  Rules for Taxi-takers 

 

Article 45  The driver of a green taxi may refuse to provide service to a taxi-taker under any one of the following circumstances: 

 

1. the taxi-taker requires the driver to drive in the Shenzhen Special Economic Zone; 

 

2. the taxi-taker flags down the taxi when it stops before a red light; 

 

3. the taxi-taker flags down the taxi where it is forbidden to stop the car;  

 

4. the taxi-taker spits, smokes in the car or makes the car dirty; 

 

5. the taxi-taker carries dangerous goods, such as flammable or explosive substances; 

 

6. the taxi-taker is an alcoholic or mental patient without being companied with a guardian or nurse; 

 

7. the taxi-taker requires the driver to violate the provisions of these Rules, the administrative rules on traffic or other relevant regulations. 

 

If the driver has provided service to a taxi-taker under any one of the circumstances stipulated in Item 4 to 7 of the preceding paragraph, the taxi-taker shall pay the rent charge. 

 

  

 

Article 46  A taxi-taker may refuse to pay the rent charge under any one of the following circumstances: 

 

1. the taxi does not use any fee meter or uses an invalid fee meter; 

 

2. the driver refuses to accept electronic money as the rent charge; 

 

3. the driver does not issue any invoice or relevant credence; 

 

4. the green taxi breaks down in starting miles and can not deliver the taxi-taker to the termination; 

 

5. the driver stops providing service in midway without any proper reason. 

 

  

 

Chapter Seven  Inspection, Supervision and Complaint 

 

Article 47  The municipal competent department and district administrative organs of transportation shall supervise the operation enterprises on making labor contracts and employee service contracts with drivers. 

 

  

 

Article 48  The municipal competent department, district administrative organs of transportation and operation enterprises shall establish the system of accepting complaints, accept the complaints to the activities violating these Rules and accept social supervisions. 

 

Every complainer shall provide the following materials: 

 

1. his name, contacting telephone number or mailing address; 

 

2. the license number of the green taxi; 

 

3. the facts and requirements of his complaint. 

 

If a complainer does not provide the true materials stipulated above, the organ receiving his complaint may refuse to accept it. 

 

  

 

Article 49  When a municipal competent department, district administrative organ of transportation or operation enterprise accepts a complaint, it shall inform the dealing result to the complainer within 10 working days upon the acceptance date. 

 

  

 

Article 50  When a municipal competent department or district administrative organ of transportation inspects green taxis according to law, its officials shall produce their effective inspection certificates, and explain the reasons and legal basis to the parties. If it needs to detain a car or relevant certificate of a driver, a receipt shall be issued to the party. 

 

If a municipal competent department or district administrative organ violates the provisions of the preceding paragraph when checking an operation car, detaining a car or relevant certificate of a driver, the operation enterprise or driver has the rights to refuse to be checked or detained the car or certificate. 

 

  

 

Chapter  Eight   Legal Responsibilities 

 

Article 51  Anyone who violates the provisions on operational rights of these Rules and commits any one of the following activities shall be detained his car temporarily and be punished by the municipal competent department or the district administrative organ of transportation. 

 

1.  anyone who engages in the business of taxi-taker transportation without the operational rights of green taxis shall be imposed a fine of 30,000 yuan per car; 

 

2.  anyone who engages in the business of taxi-taker transportation by a motorbike shall be imposed a fine of 2,000 yuan. 

 

  

 

Article 52  If an operation enterprise is under any one of the following circumstances, it shall be ordered to make correction within a limited time and shall be imposed a fine of 10,000 yuan by the municipal competent department, and shall be deducted of five green taxis in quota. 

 

1. violating the provisions of the document granting operational rights; 

 

2. the number of reasonable complaints to the enterprise or the times of breaking rules by the enterprise during operational period exceeding the maximum number limit stipulated by the municipal competent department; 

 

3. being in disordered operation and management, and unable to resume the normal order after rectification; 

 

4. the cars input for operation failing to satisfy the standards on the specifications, body colors or body marks of cars which are stipulated by the municipal competent department; 

 

5. failing to establish the systems of car maintenance, driver training and driver assessing, or failing to carry out the systems effectively; 

 

6. having fault and causing serious result in the event of disturbing social order or hindering normal operational activities by taxi or other means. 

 

  

 

Article 53  If a green taxi is driven in the Shenzhen Special Economic Zone, the municipal competent department shall detain the car temporarily, take back the driver’s driving license of green taxis and impose a fine of 5,000 yuan to the operational enterprise it belongs. 

 

If a green taxi is driven in the Shenzhen Special Economic Zone for more than 3 times, one car shall be deducted from the quota of its operational enterprise. 

 

  

 

Article 54  If an operational enterprise or driver commits any one of the following activities, the municipal competent department may detain the car, and impose the following penalties to the relevant parties according to these Rules: 

 

1.  if an operation enterprise contracts or rent out its green taxis, the enterprise shall be ordered to make rectification within a limited time, be imposed a fine of 10,000 yuan per contracted or rented car, and be reduced its corresponding quota of green taxis. The driver who contracts or rents green taxis shall be imposed a fine of 10,000 yuan simultaneously; 

 

2. if an operation enterprise makes a relevant contract or article with a driver to change the direct operation pattern or change the direct operation pattern in a disguised way, the enterprise shall be ordered to make rectification within a limited time, be imposed a fine of 10,000 yuan per car, and be reduced its corresponding quota of green taxis; the driver shall be imposed a fine 10,000 yuan; 

 

3. if a driver engages in taxi operation without any driving license or effective driving license, he shall be imposed a fine of 2,000 yuan; his operation enterprise shall be imposed a fine of 2,000 yuan per car simultaneously; 

 

4. if a car does not accord with the descriptions recorded in the driving license, the relevant formalities shall be ordered to be transacted within a limited time; the driver shall be imposed a fine of 1,000 yuan; the operation enterprise shall be imposed a fine of 1,000 yuan per car; 

 

5. if a car uses an invalid fee meter or adjusts the fee meter without approval, a standard fee meter shall be ordered to be installed on the car, the operation enterprise shall be imposed a fine of 2,000 yuan; 

 

6. if a car does not hang its number plate or if its number plate is stained, or if the number on the plate is vague or incomplete, the operation enterprise shall be imposed a fine of 500 yuan per car; 

 

7. if an operation enterprise does not install any inner operation facilities on a car or adds, changes a car facility without approval, it shall be imposed a fine of 200 yuan per car;  

 

8. if a car does not accept the car inspection according to relevant provisions, the relevant formalities of inspection shall be ordered to be supplemented, the operation enterprise shall be imposed a fine of 200 yuan per car; 

 

9. if a car is put into operation even if its inner operation facilities are not fit for service taxi-takers because they are stained seriously or very dirty, the operation enterprise shall be imposed a fine of 200 yuan per car; 

 

10. if the name of operation enterprise, driving license, price list, license number of the car, main content of service promises, telephone number for complaining of the municipal competent department or the thing which shall be acknowledged by taxi-takers in the consideration of the municipal competent department is not printed or pasted on the designated place in or out of a car, the operation enterprise shall be imposed a fine of 200 yuan per car; 

 

11. if an operation enterprise puts a green taxi which fails to pass the car inspection into operation, it shall be ordered to stop the car’s operation, check the car within a limited time, and be imposed a fine of 2,000 yuan per car; 

 

12. if an operation enterprise or a driver evades the inspection conducted by the transportation official or hinders the transportation official to perform official function normally, he shall be imposed a fine of 2,000 yuan; 

 

13. if a green taxi which is informed by the municipal competent department to stop operation according these Rules begins operation without approval, the operation enterprise shall be imposed a fine of 5,000 yuan per car. 

 

  

 

Article 55  Any driver who commits any one of the following activities shall be punished by the municipal competent department or the district administrative organ of transportation according to the specific circumstances: 

 

1. a driver who fabricates a certificate material, alters his driving license or repeatedly gets the driving license shall be imposed a fine of 2,000 yuan; 

 

2. a driver who does not abide by relevant regulations, and obstructs the operation order at the station, harbor, airport, port area or the special waiting station of a main road shall be imposed a fine of 200 yuan and be recorded for violating rules once; 

 

3. a driver who refuses to pick up a taxi-takers shall be imposed a fine of 1,000 yuan and be recorded or violating rules once; 

 

4. a driver who uses the symbol of “suspending to pick up taxi-takers” improperly or illegally shall be imposed a fine of 1,000 yuan and be recorded for violating rules once; 

 

5. a driver who allows another person to get on the taxi without being requested by the taxi-taker shall be ordered to repaid the rent charge and be recorded for violating rules once;  

 

6. a driver who does not use a fee meter or uses the fee meter improperly in operation shall be imposed a fine of 500 yuan, and be recorded for violating rules once; 

 

7. a driver who makes a detour intentionally or charges fees exceeding the set standards shall be ordered to repaid twice of the rent charge, be imposed a fine of 50 times the excessive money of the rent charge, and be recorded for violating the rules once; 

 

8. a driver who intentionally creates difficulties for, insults or snaps his taxi-taker shall be ordered to apologize to the taxi-taker, be imposed a fine of 500 yuan, and be recorded for violating rules once; 

 

9. a driver who uses the interphone for non business conversation in operation shall be imposed a fine of 200 yuan; 

 

10. a driver who smokes before taxi-takers in operation shall be imposed a fine of 100 yuan; 

 

11. a driver who does not use the uniform invoices for taxi-taker transportation shall be ordered to make correction and be imposed a fine of 500 yuan;  

 

12. a driver who refuses to accept the rent charge in electronic money shall be imposed a fine of 500 yuan;  

 

13. a driver who picks up a taxi-taker’s lost thing but does not return it to the taxi-taker in time or handed it in to his enterprise shall be imposed a fine of 2,000 yuan, and be recorded for violating rules once; 

 

14. a driver who uses his green taxi as the tool to disturb social order, or obstructs the normal operation of taxis shall be taken back his driving license, and shall be delivered to the judicial organ to deal with according to law if the circumstance is serious; 

 

15. a driver who refuses to be checked or detained his certificate shall be imposed a fine of 2,000 yuan. 

 

  

 

Article 56 If an operation enterprise is taken back its operational rights or is reduced its quota of green taxis according to law, the municipal competent department shall take back the corresponding operation certificates of green taxis, and order it to dismantle the operation facilities from the relevant green taxis. The compensated use fees paid by the enterprise shall not be refunded. 

 

  

 

Article 57  Any operation enterprise which transfers its punishment imposed by the municipal competent department to its driver shall be imposed a fine of 30,000 yuan by the municipal competent department. 

 

  

 

Article 58  Any operation enterprise, driver, taxi-taker or other person who disturbs the social order in the operation of green taxis, in violation of the Regulations of the People’s Republic of China on Punishments in Public Order and Security Administration, shall be punished by the administrative department of public security according to law, and shall be investigated for criminal responsibility by the judicial organ if his act constitutes a crime. 

 

  

 

Article 59  When the municipal competent department or a district administrative organ of transportation supervises or checks the operation of green taxis according to these Rules, it shall immediately return the car which is involved in an activity violating these Rules and has been temporarily detained after dealing with the misfeasance. The expenses occurred in detaining the car violating rules shall be paid by the enterprise owning the car. 

 

  

 

Article 60  If a working person of the municipal competent department or a relevant department abuses his powers and authorities, or does not fulfill his legal responsibilities in violation of the provisions of these Rules and causes bad consequence, he shall be imposed administrative penalty by his unit. If the circumstance is so serious that a crime is constituted, the working person shall be investigated for criminal responsibility. 

 

  

 

Article 61  If a party does not agree with an administrative punishment decision made by the municipal competent department, he may apply for administrative review according to law. If a party does not agree with the decision of administrative review, or the administrative review organ refuses to accept the party’s application of administrative review, or does not reply within the period of administrative review, the party may bring litigation before the people’s court according to law. 

 

If a party does not agree with an administrative punishment decision, and does not apply for administrative review within the period prescribed in the preceding paragraph or bring litigation before the people’s court, the administrative organ making the administrative punishment decision shall apply to the people’s court for coercive enforcement. 

 

  

 

Chapter Nine   Supplementary Provisions 

  Article 62  These Rules shall enter into effect as of April 15, 2002.

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