政务邮箱 移动门户 广东省司法厅 深圳市司法局微信 深圳市司法局微博 数据开放 无障碍浏览 进入关怀版 我的主页

网站支持IPv6

当前位置:首页 > 法规规章英文译本

492 lnterim Measures of Shenzhen Municipality for the Management of Online Ride-Hailing Business Operations and Services 深圳市网络预约出租汽车经营服务管理暂行办法

来源: 日期:2021-12-27 字号:[]

(The Interim Measures of Shenzhen Municipality for the Management of Online Ride-Hailing Business Operations and Services, as revised and adopted at the 185th Executive Meeting of the Sixth Shenzhen Municipal People's Government on September 16th, 2019, is hereby promulgated, and shall become effective on December 1st, 2019. )


  Chapter One General Provisions

  Article 1 In order to regulate online ride-hailing business operations, safeguard the operation safety and the legal rights and interests of passengers, and better satisfy the diversified travel needs of the public, these Measures are hereby formulated in accordance with relevant laws and regulations and in light of the actual circumstances of this municipality.

  Article 2 These Measures shall be applicable to the management of online ride-hailing business operations and services within the administrative area of this municipality.

  The term online ride-hailing business operations and services as mentioned in these Measures refers to business operations basing on online service platforms that are developed through Internet technologies and integrate supply and demand information to provide non-cruising online ride-hailing services at agreed time and locations using qualified vehicles and drivers.

  The term online ride-hailing service operators as mentioned in these Measures refers to corporate legal persons that develop network service platforms to engage in online ride-hailing business operations and services.

  Article 3 The municipality insists on prioritizing the development of public transport, encourage moderate development of taxi services, and promote online ride-hailing services in an orderly manner and in the principle of high-quality services and differentiated business operations.

  The fares of the online-hailed taxis shall be charged based on market-regulated price and, when necessary, the government-guided price shall be implemented pursuant to applicable provisions.

  Article 4 The municipal transportation authority shall be responsible for implementing the regulation of online ride-hailing business.

  The municipal development and reform, market regulation, industry and information technology, commerce, public security, human resources and social security, taxation, communications, cyberspace affairs, the office of the People's Bank of China in Shenzhen and relevant authorities shall perform their statutory duties and implement relevant supervision and administration of online ride-hailing business operations.

  Article 5 The municipal transportation authority may,based on traffic needs and the development positioning of online ride-hailing services and taking into account the carriage capacity of road resources, environmental protection and other factors, establish a dynamic adjustment mechanism for the transport capacity of online-hailed taxis, and report such to the municipal people's government for approval before implementation.

  The municipal transportation authority shall regularly make public such informationlike the number of online ride-hailing services operators, the number of online-hailed cars and number of employees to lead the online ride-hailing market towards healthy development.

  Chapter Two Online Ride-Hailing Service Operators

  Article 6 An operator ofthe online ride-hailing service shall obtain a license for online ride-hailing business operations in accordance with the law.

  Article 7 Any operator applying for engaging in online ride-hailing business operations shall be capable of providing online and offline services and meet the following conditions:

  (1) being eligible as an corporate legal person and in case of an corporate legal person not registered in this municipality, a branch shall be set up in this municipality;

  (2)being equipped with offices, business management organization, and business management personnel in this municipality that are commensurate with its operation scale;

  (3) having applicable network service platform for online ride-hailing business and the capabilities of information data interaction and processing corresponding to the business to be launched, meeting the conditions where the relevant regulatory departments of transport, public security, taxation, communications and cyberspace affairs can legally take and consult the relevant network data and information, andis equipped with the network security management system and technical measures for security protection in compliance with the prescribed provisions;

  (4) having the platform server set in mainland China;

  (5) having its network service platform database connected to the supervisory platform of the municipal government;

  (6) where electronic payment is used, an agreement on providing payment and settlement services with a bank or a non-bank payment institution shall be executed;

  (7) having a sound business operation management system, work safety management system, and service quality guarantee system;

  (8) other conditions as stipulated by applicable laws, regulations and rules.

  Where a foreign-invested enterprise applies for online ride-hailing business operations, in addition to meeting the aforesaid conditions, it shall also comply with the provisions of the relevant laws and regulations on foreign investment.

  Article 8 An applicant of online ride-hailing business operations shall, after obtaining the accreditation results of online service capabilities issued by the provincial transportation department, at which the corporate legal person is registered as a corporate entity, in consultation with the public security, taxation, communications, cyberspace affairs,the office of the People's Bank of China and other departments at the same level, file an application to the municipal transportation authority and submit the following materials:

  (1)Application Form for Engaging in Online Ride-Hailing Business Operations;

  (2) the business license of the applicant as an corporate legal person, the business license of the branch set up in this municipality if the applicant is an corporate legal person not registered in this municipality, and in addition to the business license, other materials required by laws and regulations related to foreign investment if the applicant is a foreign-invested enterprise;

  (3) the identity and credit certificates of the investor and responsible person and the photocopies thereof, the identity card of the handling person and the photocopy thereof, and a letter of entrustment;

  (4) accreditation results of online service capabilities for engaging in online ride-hailing business operations;

  (5) a description of the database's access to the regulatory platform of the municipal government;

  (6) certification materials of the office, business management organization, and business management personnel;

  (7) texts of the business operation management system, the work safety management system, and the service quality guarantee system;

  (8) other materials as prescribed by laws, regulations and rules.

  Article 9 The municipal transportation authority shall decide on whether to grant the license within 20 working days from the date of acceptance. If the decision cannot be made within 20 days, upon the approval from the responsible person of the municipal transportation authority, another 10 days may be extended and the applicant shall be informed of the reasons for such extension.

  Where the conditions are met, the municipal transportation authority shall grant the license, specify the business scope, business area, business period and other matters, and issue the Business License for Online Ride-Hailing Services; where the conditions are not met, the municipal transportation authority shall not grant the license and state the reasons for such.

  Article 10 The business license for online ride-hailing services shall be valid for 5 years from the date on which the licensing decision is made.

  Where a licensee needs to extend the valid period of theBusiness License for Online Ride-Hailing Services, it shall file an application with the municipal transportation authority 30 days prior to the expiry of the valid period and submit the materials pursuant to Article 8 of these Measures. The municipal transportation authority shall decide on whether to approve the extension within 20 working days from the date of acceptance.

  Article 11 An operator of online ride-hailing services shall carry out relevant business after it has obtained the Business License for Online Ride-Hailing Services and submitted an application to the competent communication department for filing of Internet information services in accordance with applicable rules.

  An operator of online ride-hailing services shall, within 30 days from the date of official connection to the network, handle filing procedures at the public security authority in accordance with applicable rules.

  Article 12 Where an operator of online ride-hailing services is to suspend or terminate its operation, it shall, 30 days in advance, submit a written report to the municipal transportation authority to explainthe relevant situation, notify all vehicle owners and drivers who are providing services using its platform, and make an announcement to the public.

  Where an operator of online ride-hailing services is to terminate business operations, it shall return theBusiness License for Online Ride-Hailing Services to the municipal transportation authority within 10 days from the date of termination. If the license is not returned within 10 days from the date of termination, the municipal transportation authority may cancel the license.

  Chapter Three Vehicles and Drivers of Online Ride-Hailing Services

  Article 13 A vehicle engaging in online ride-hailing operations and services shall be granted theOnline-Hailed Vehicle Transport License.

  Article 14 A vehicle applying for theOnline-Hailed Vehicle Transport License shall meet the following requirements:

  (1) it is a passenger vehicle with no more than seven seats registered in this municipality, owned by an enterprise or individual, and the valid period of inspection has not expired;

  (2) the period from its registration date as stated in the driving permit to the date of application is less than 2 years;

  (3) it is a pure electric vehicle with a wheelbase of over 2,650 mm;

  (4) it is equipped with a vehicle-born terminal with features such as driving records, vehicle satellite positioning and emergency alarms that conform to technical standards or technical specifications of the state, Guangdong Province or this municipality;

  (5) its technical performance meets the requirements of the relevant operation safety standards;

  (6) no special facilities or equipment for cruising taxi services such as overhead lights and idle lights shall be installed in violation of the applicable regulations, and the exterior color and markings of the vehicle shall not be the same or similar to those of the cruising taxis;

  (7) the owner of the vehicle undertakes to register the use nature of the vehicle under the ride-booking service category;

  (8) other conditions as stipulated by applicable laws, regulations and rules.

  Where a vehicle applying for theOnline-Hailed Vehicle Transport License is registered under the name of an individual, the vehicle owner shall obtain the Online-Hailed Vehicle Driving License in advance, having no vehicle that has been granted the Online-Hailed Vehicle Transport License in his or her name, and shall undertake to drive the vehicle under the application when providing online ride-hailing services.

  TheOnline-Hailed Vehicle Transport License shall be valid from the date of issuance to the corresponding date of the date of registration as specified in the driving permit eight years later.

  Article 15 Upon the application of the vehicle owner, the municipal transportation authority shall, in conjunction with the traffic administrative department of the municipal public security organ, complete the review within 5 working days pursuant to the requirements stipulated in Article 14 of these Measures. Where the review is passed, the traffic administrative department of the municipal public security organ shall register the vehicle's use nature under the ride-booking service category within 5 working days from the date on which the review is passed; the municipal transportation authority shall grant the license and issue theOnline-Hailed Vehicle Transport License within 5 working days from the date on which the vehicle's use nature is registered under the ride-booking service category. Where the review is not passed, the municipal transportation authority shall not grant the license and specify reasons for such.

  Where a vehicle owner who has obtained theOnline-Hailed Vehicle Transport License applies for an amendment to the use nature, it shall apply to the municipal transportation authority for cancellation of the Online-Hailed Vehicle Transport License, and the municipal transportation authority shall complete the cancellation within 5 working days. The traffic administrative department of the municipal public security organ shall complete the amendment to use nature within 5 working days from the date of cancellation.

  Article 16 Under any of the following circumstances, an application for the registration ofan amendment to Online-Hailed Vehicle Transport License may be filed:

  (1) an individual who inherits a vehicle registered in this municipality may apply to the municipal transportation authority for amendment after obtaining theOnline-Hailed Vehicle Driving License and amending the Motor Vehicle Driving Permit;

  (2) in the event of a merger, separation or change of the name of the business entity, an enterprise may file an application for amendment with the municipal transportation authority after amending theMotor Vehicle Driving Permit.

  The municipal transportation authority shall decide on whether to approve the amendment within 15 working days from the date of the receipt of the amendment application. Where the amendment is approved, theOnline-Hailed Vehicle Transport License shall be renewed; where the amendment is not approved, the reasons for such shall be specified.

  Article 17 Under any of the following circumstances, online ride-hailing business operations shall be withdrawn:

  (1) the Online-Hailed Vehicle Transport License expires;

  (2) the owner of an online-hailed vehicle applies for withdrawal from online ride-hailing business operations before theOnline-Hailed Vehicle Transport License expires;

  (3) theOnline-Hailed Vehicle Transport License cannot be amended in accordance with Article 16 of these Measures;

  (4) the vehicle owner is an enterprise whose business license has been suspended, revoked, or canceled;

  (5) the vehicle owner is an individual whoseOnline-Hailed Vehicle Driving License has been suspended, revoked or canceled.

  The vehicleshall be compulsorily scrapped once it reaches the 600,000 km mileage limit.

  Vehicles withdrawn froman operation or compulsorily scrapped shall be canceled of their Online-Hailed Vehicle Transport License by the municipal transportation authority.

  Article 18 Drivers engaging in online ride-hailing operations and services shall obtain the Online-Hailed Vehicle Driving License.

  Article 19 Drivers applying forOnline-Hailed Vehicle Driving License shall meet the following requirements:

  (1) having a household registration in this municipality or holding a validShenzhen Special Economic Zone Residence Permit;

  (2) holding a driver's license ofthe motor vehicle for corresponding permitted vehicle type, and the period between the date of first obtaining the license as stated on the driver's license and the date of application has lasted for 3 years;

  (3) having no record of traffic crimes, dangerous driving, drug abuse or drinking and driving, and no record of 12 points for the latest three consecutive scoring cycles;

  (4) having no record of violent crimes;

  (5) having no records of revocation of the taxi qualification certificate within three years before the date of application.

  Where a driver who meets the requirements specified in the preceding paragraph applies to take the online ride-hailing driver qualification examination and obtains a qualified result, the municipal transportation authority shall issue theOnline-Hailed Vehicle Driving License to the driver.

  Article 20 TheOnline-Hailed Vehicle Driving License shall be issued and managed in accordance with applicable regulations.

  Taxi drivers' qualification certificate andOnline-Hailed Vehicle Driving License shall be mutually recognized in this municipality. A driver may directly drive a cruising taxi or an online-hailed vehicle before the original certificate expires. However, before handling the registration of an online-hailed vehicle driver, the cruising taxi driver's qualification registration shall be canceled.

  Article 21 The municipal transportation authority shall, in conjunction with the public security organ, establish a joint online review mechanism for online-hailed vehicles and drivers.

  In case of an application for the Online-Hailed Vehicle Transport License and the Online-Hailed Vehicle Driving License, the applicant shall submit the relevant certificates to the designated information system.

  The municipal transportation authority shall, working with the municipal public security organ, review the relevant certificate materials submitted by the applicant. The municipal public security organ shall be responsible for reviewing the driver's household registration and residence permit information, criminal record, driving license information, traffic violation records and vehicle information; the municipal transportation authority shall decide whether to grant the license basing on the municipal public security organ's review results and in combination with the review results of other requirements.

  The list of relevant certificate materials shall be separately formulated and published by the municipal transportation authority in conjunction with the municipal public security organ.

  Chapter Four Specifications for Business Operations and Services

  Article 22 An operator of online ride-hailing services shall assume the responsibilities of a transport provider in strengthening security management, implementing operation and network security precautions, raising security and risk-resistance capabilities and improving production safety conditions, in order to ensure operational safety and protect the legal rights and interests of passengers.

  An operator of online ride-hailing services shall buythe transport provider's liability insurance.

  Article 23 Vehicles provided by an operator of online ride-hailing services for transport services shall meet the following requirements:

  (1) having been granted the Online-hailed Vehicle Transport License;

  (2) the vehicle providing online services is inconsistent with the one actually providing offline services;

  (3) being covered by compulsory liability insurance, third party liability insurance and other relevant insurances;

  (4) having technical performance that meets the applicable technical standards for operation safety;

  (5) having relevant data on the vehicle-born terminal directly connected to the regulatory platform of the municipal government;

  (6) having the vehicle-related information reported to the municipal transportation authority.

  Article 24 An operator of online ride-hailing services shall ensure that drivers providing services have legal qualifications, that drivers providing online services are consistent with those actually providing offline services, and report the relevant information of drivers to the municipal transportation authority for filing.

  In accordance with the relevant laws and regulations, an operator of online ride-hailing services shall, according to work duration, service frequency, and other service characteristics, execute employment contracts or agreements with drivers with specified rights and obligations of both parties. The operator shall not transfer directly or in other forms any business risks to the drivers by car-leasing asan alternative to purchase, charging high-risk security, and other means, and shall safeguard and protect the legal rights and interests of drivers.

  An operator of online ride-hailing services shall carry out pre-post training and daily education in terms of laws and regulations, professional ethics, service standards, and safe operation, in combination with complaints and report records to strengthen dynamic management of drivers' physical and mental health, changes in qualifications, and relevant situations. Where a driver is not suitable for providing online ride-hailing services, the operator shall immediately dismiss the driver's from providing services and report such to the municipal transportation authority.

  Article 25 An operator of online ride-hailing shall faithfully record any information released by any drivers or ride-hailing service requestors on the network service platform, user registration information, identity authentication information, order logs, Internet access logs, online transaction logs,the vehicle traveling tracklogs, and other data, make a backup of such information, transmit such information to the supervisory platform of the municipal government by means of a dedicated network line and receive management information from the supervisory platform.

  Article 26 An operator of online ride-hailing services shall publish and determine the mileage and time calculation methods that comply with applicable national provisions, specify service items and quality commitments, establish and publish a service evaluation system and a passenger complaint and driver appeal handling system to truthfully collect and record drivers' service information, and shall not take revenge on any passenger who reports or complains their service quality or makes an unsatisfactory evaluation on their service.

  When providing online ride-hailing services, the operator shall display information including the drive's name, photograph, qualification certificate number, employer, mobile phone number, service evaluation results, and vehicle plate number to clients.

  An operator of online ride-hailing services shall not release other ride-hailing requests information to a driver whose vehicles carrying passengers.

  Article 27 An operator of online ride-hailing services shall reasonably determine its ride-hailing fares and publish the fare calculation rules, mark the prices clearly, pay taxes in accordance with the law, and provide passengers with taxi invoices of this municipality.

  When a client sends a request for using a vehicle to an operator of online ride-hailing services, the operator shall fully, truly and accurately disclose the number of available vehicles within a 3-kilometer radius of the designated geographical location and the applicable pricing rules to protect the requestor's rights to know and to choose. An operator of online ride-hailing services shall not entice the ride-hailing service requestor into trading by deceitful or misleading pricing methods.

  Article 28 An operator of online ride-hailing services may not impede fair market competition, or commit unfair pricing activities such as operating at below-cost prices for the purpose of excluding competitors or monopolizing the market, causing the normal market order to be disturbed and the interests of the state or the public or the legal rights and interests of other operators to be impaired.

  Article 29 An operator of online ride-hailing services shall, through its network service platform and in a noticeable manner, announce the purposes, methods, and scope of the collection and use of personal information of drivers, ride-hailing service requestors, and passengers; collect personal information of drivers, ride-hailing service requestors, and passengers, but may not exceed the scope of information necessary for the provision of online ride-hailing services; may not use the aforesaid personal information for other purposes without obtaining express consent from the information subjects.

  An operator of online ride-hailing services shall, in accordance with the provisions of laws and regulations and mandatory requirements of national standards, take technological measures and other necessary measures to ensure its network security and stable operation, effectively respond to network security incidents, prevent any online illegal and criminal activities, and maintain the completeness, confidentiality and availability of network data; except when cooperating with state organs in exercising the power of supervision and inspection or the power of criminal investigation in accordance with the law, an operator of online ride-hailing services shall not provide any third party with the name, contact information, address, bank account, payment account, geographical location, travel routes, or other personal information of any drivers, ride-hailing service requestors, or passengers, or disclose the geographic coordinates, geographical landmarks, or other sensitive information involving state security.

  Article 30 An operator of online ride-hailing services shall observe relevant state provisions onthe network and information security and relevant personal information collected and relevant business data generated shall be stored and used in the Chinese mainland, with a storage period lasting for no less than three years. Except as otherwise prescribed by laws and regulations, the aforesaid information or data shall not be disclosed outside mainland China.

  An operator of online ride-hailing services shall not use its network service platform to release or spread any harmful information that is prohibited by laws or regulations, nor shall it facilitate the release or spread of any harmful information by any enterprises, individuals, or other groups or organizations, and instead, it shall take effective measures to filter or block the spreading of harmful information. When discovering someone uses its network service platform to release or spread harmful information, the operator of online ride-hailing services shall immediately cease the transmission of such information, delete such information or deal with such information by taking other measures to prevent the information from spreading, while preserving relevant records, and reporting such tothe competent national authority.

  An operator of online ride-hailing services shall, in accordance with the provisions of the law, provide the public security organs with any technical interface, decryption and other technical support and assistance for purposes of preventing and investigating illegal and criminal activities and safeguarding national security in accordance with the law.

  Article 31 When providing online ride-hailing services, online-hailed car drivers shall comply with the following requirements:

  (1) complying with road traffic safety regulations, and providing safe ride and courteous services;

  (2) maintaining the appearance and interior cleanliness of the vehicle;

  (3) directly connecting relevant data on the vehicle-born terminal to the regulatory platform of the municipal government and the network service platform for online ride-hailing;

  (4) using the relevant operating equipment to provide services in accordance with the provisions, and in case of equipment function failure or damage, troubleshooting shall be conducted before operation;

  (5) carrying theOnline-Hailed Vehicle Driving License and the Online-Hailed Vehicle Transport License during operation;

  (6) driving on reasonable routes or on routes as required by passengers; dropping passengers before arriving at the designated location or deliberately detouring shall be prohibited;

  (7) letting another person to operate any personally owned online-hailed cars shall be prohibited;

  (8) carrying passengers in methods other than online ride-hailing, soliciting passengers by cruising, or waiting for or soliciting passengers in the designated areas for cruising taxis shall be prohibited;

  (9) not taking other ride-hailing services while providing services for other passengers;

  (10) reminding and returning the passenger's any lost items, or, where returning such items is not possible, promptly sending such items to the public security organ or relevant departments directly or through the operator of online ride-hailing services;

  (11) not taking revenge on any passengers who report or complain about his or her service quality or make an unsatisfactory evaluation on his or her service;

  (12) charging fees as agreed without violation of applicable regulations;

  (13) not carrying any unscheduled passengers without obtaining the consent from the designated passengers.

  Article 32 Passengers shall observe the following travel regulations:

  (1) not proposing to the driver any requirements that do not comply with road traffic safety regulations;

  (2) not carrying any hazardous items, explosive, flammable, toxic, radioactive, corrosive and other dangerous items prohibited by laws and regulations;

  (3) paying the fares in compliance with the agreed standards and methods;

  (4) neither smoking in the vehicle nor damaging the vehicle's facilities or equipment;

  (5) consciously fulfilling the electronic agreement with the operator of online ride-hailing services.

  Where a passenger violates the provisions of the preceding paragraph, the online-hailed driver may refuse to provide or terminate the service, and the operator of online ride-hailing services shall not impose any economic penalty or other restrictive measures on the driver thereof.

  Article 33 An online-hailed car shall engage in business operations within the approved operation area. Where the approved business area is exceeded, either the starting point or the destination shall be within the approved business area.

  Article 34 The online ride-hailing services provided by operators and drivers shall conform to the relevant operating service standards as required by the state, Guangdong Province and this municipality.

  Article 35 No entity or individual may provide online ride-hailing services through a network service platform without obtaining an online ride-hailing business permit.

  Chapter Five Supervisory Inspection

  Article 36 The municipal transportation authority shall strengthen the supervision and management of online ride-hailing business operations and services, regularly organize the quality assessment of online ride-hailing business operations and services using passenger evaluation, government supervision and other information and publish the assessment results.

  The specific measures of service quality assessment shall be formulated separately by the municipal transportation authority.

  Article 37 Where a passenger files a complaint about the service, the operator of online ride-hailing services shall deal with sucha complaint first. After accepting a passenger complaint, the operator of online ride-hailing services shall handle and respond to the complaint in accordance with the published service quality commitments, complaint acceptance channels and complaint completion time limit, establish complaint handling archives, and accept the supervisory inspection by the municipal transportation authority.

  Where a passenger is not satisfied with the reply or does not receive the reply from the operator of online ride-hailing services within the time limit, the passenger may file a complaint with the municipal transportation authority, and the complaint handling agency of the municipal transportation authority shall complete the handling of the complaint and reply to the passenger within 10 working days; where the handling time needs to be extended due to special circumstances, it may be extended for 10 working days with the approval of the responsible person of the complaint handling agency.

  The operator of online ride-hailing services shall cooperate with the investigation and handling of the complaint and submit any necessary materials.

  Article 38 The public security, communications, cyberspace affairs and other departments shall, according to their functions, investigate and punish pursuant to law the online ride-hailing service operators that illegally collect, store, process, and utilize relevant personal information, violate the applicable provisions on network and information services, endanger network and information security, release harmful information on network service platforms, or facilitate the release of harmful information by enterprises, individuals, and other groups and organizations, and shall cooperate with the municipal transportation authority in punishing in accordance with law any online ride-hailing service operators deemed to have committed any violation of laws and regulations.

  The municipal public security organ and cyberspace administration department shall, according to their respective functions, supervise and inspect the implementation of the network security management system and technical measures for security protection, so as to prevent, investigate, and punish relevant illegal and criminal activities.

  Article 39 Where an operator of online ride-hailing services violates the laws and regulations on price management and measurement management in operation, the municipal market regulation department shall impose penalties on the violators in accordance with the law.

  Where an operator of online ride-hailing services abuses market dominance in operation and is suspected of violating anti-monopoly laws and regulations, the market regulation department shall submit to the competent department for handling such in accordance with the law.

  Article 40 The human resources and social security department shall, in accordance with its duties, carry out supervisory inspection, investigate and deal with any labor and employment violations in online ride-hailing business operations.

  Article 41 The office of the People's Bank of China in Shenzhen shall, in accordance with its duties, implement supervisory inspection, investigate and deal with banking and non-bank payment institutions that provide payment and settlement services in violation of regulations in accordance with the law.

  Article 42 The taxation department shall, according to their duties, carry out supervisory inspection, investigate and deal with any violations of tax laws and regulations in online ride-hailing business operations in accordance with the law.

  Article 43 The municipal transportation authority shall, in conjunction with relevant departments, establish a joint regulatory mechanism, establish a regulatory platform of the municipal government to achieve information sharing with the network service platform for online ride-hailing services and regulatory information sharing with relevant departments.

  All relevant departments shall, according to their duties, establish the credit records of operators and drivers, include such credit records in the public credit information system and on szcredit.com.cn, and incorporate them into the national unified credit information sharing and exchange platform.

  Article 44 The municipal transportation authority, public security and other departments shall have the power to collect and consult the registration, operation, transaction and other relevant data and information of online ride-hailing service operators pursuant to the law on the basis of the management needs, and the online ride-hailing service operators shall cooperate with such.

  The municipal transportation authority and other departments may determine the illegal facts basing on traffic surveillance video data, data on the governmental regulatory platform and vehicle-born terminal, and information data retrieved from the online ride-hailing service operators.

  Regarding the illegal acts identified via traffic surveillance video data and data onthe governmental regulatory platform and vehicle-born terminal, the transportation authority shall notify the operators, vehicle owners, and registered drivers involved and require them to cooperate in the investigation. Where the operators, vehicle owners and registered drivers can provide information on the driver who engaged in any violations, the violating driver shall be punished; otherwise, the operators, vehicle owners and registered drivers shall be punished in accordance with the specific provisions of these Measures.

  Article 45 The municipal taxi industry association shall establish a list system of adverse records for operators and drivers of online ride-hailing services to enhance industry self-regulation.

  Article 46 The municipal transportation authority shall, in accordance with the applicable provisions of the state, Guangdong Province and this municipality, establish a credibility evaluation system for the online ride-hailing industry to implement credibility evaluation of operators and drivers in the industry.

  For operators and drivers with serious dishonesty, the relevant departments may takerestrictive administrative measures such as not granting administrative licensing, restricting qualifications and including the dishonest entity in regular supervisory inspection and other necessary joint disciplinary measures.

  Article 47 Where a licensee no longer meets the licensing requirements after obtaining the relevant license of online ride-hailing business operations, the municipal transportation authority shall order the licensee to rectify within a specified period of time, and the licensee shall suspend relevant business operations and services before the rectification has been completed.

  Where the licensee refuses to rectify or fails to meet the licensing requirements through rectification within the specified period of time, the municipal transportation authority shall, upon application by the licensee or in accordance with its powers, cancel or revoke the corresponding license.

  Chapter Six Legal Liability

  Article 48 Where an operator of online ride-hailing services commits any of the following acts in violation of these Measures, the municipal transportation authority shall order the person to make corrections and impose a fine that amounts between 10,000 and 30,000 yuan; and if a crime is constituted, the person shall be subject to criminal liability in accordance with the law:

  (1) directly engaging in or engaging in any disguised form in online ride-hailing business operations without obtaining theBusiness License for Online Ride-Hailing Services;

  (2) engaging in online ride-hailing business operations by forging, altering, or using any forged, altered, or invalid Business License forOnline Ride-Hailing Services.

  Article 49 Where an operator of online ride-hailing services violates these Measures and falls under any of the following circumstances, the municipal transportation authority shall order the violating operator to make corrections and impose a fine that amounts between 5,000 and 10,000 yuan for each illegal act; if the circumstances are serious, the aforesaid departments shall impose a fine that amounts between 10,000 and 30,000 yuan on the violating operator:

  (1) the vehicle engaging in the provision of services has not obtained theOnline-Hailed Vehicle Transport License of this municipality, or the vehicle providing online services is inconsistent with the one actually providing offline services;

  (2) the driver providing services has not obtained a valid qualification license of this municipality, or the driver providing online services is inconsistent with the one actually providing offline services;

  (3) the vehicle engaging in the provision of services has not purchased the relevant insurance as required;

  (4) failing to ensure that the technical performance of the vehicle meets the requirements of the relevant standards for operation safety as required;

  (5) failing to submit the information about the vehicle and the driver providing services to the municipal transportation authority for filing;

  (6) failing to provide drivers with pre-service training and daily education;

  (7) failing to the operation fails to be ceased in a timely manner when the driver is unfit for online ride-hailing business operations;

  (8) failing to formulate service quality standards, establish and implement the complaint and report system as required;

  (9) failing to disclose the number of available vehicles and the rules for pricing as required;

  (10) failing to show on the client terminal such information as the driver's name, photograph, qualification certificate number, employer, mobile phone number, service evaluation results, and vehicle plate number;

  (11) posting other ride-hailing information a driver who is carrying passengers;

  (12) having both the starting point and the destination of the online ride-hailing business operations beyond the approved business area;

  (13) failing to cooperate with the municipal transportation authority in the investigation and handling of complaints;

  (14) failing to timely provide complete, accurate and standard information to be shared as required or fails to cooperate with the municipal transportation authority in taking and consulting relevant data information;

  (15) failing to perform management responsibilities and thus causing such acts seriously violating the relevant operation service standards as dropping passengers before arriving at the designated location and deliberately detouring to occur.

  Article 50 Where an operator of online ride-hailing services violates these Measures by suspending or terminating its operation without reporting to the municipal transportation authority in writing, notifying the owner and driver of the vehicle providing the service or announcing it to the public, the municipal transportation authority shall order the correction and impose a fine of 10,000 yuan.

  Article 51 Where an operator of online ride-hailing services or a driver commits any of the following acts in violation of these Measures, the municipal transportation authority shall order the violator to make corrections, impose a fine that amounts between 10,000 and 30,000 yuan; and if a crime is constituted, the violator shall be subject to criminal liability pursuant to the law:

  (1) engaging in or engaging in any disguised form in online ride-hailing business operations without obtaining theOnline-Hailed Vehicle Transport License or the Online-Hailed Vehicle Driving License;

  (2) engaging in online ride-hailing business operations by forging, altering, or using any forged, altered, or invalidOnline-Hailed Vehicle Transport License or Online-hailed Vehicle Driving License.

  Article 52 Where an online-hailed car driver violates these Measures and falls under any of the following circumstances, the municipal transportation authority shall order the violating driver to make corrections and impose a fine that amounts between 50 and 200 yuan for each illegal act:

  (1) failing to carry theOnline-Hailed Vehicle Transport License and the Online-Hailed Vehicle Driving License as required;

  (2) dropping passengers before arriving at the designated location or deliberately detouring;

  (3)taking other ride-hailing business while carrying passengers;

  (4) taking revenge on any passenger who complains his or her service quality or makes an unsatisfactory evaluation on his or her service;

  (5) carrying unscheduled passengers without obtaining the consent from the designated passenger;

  (6) failing to use civilized language as required or failing to meet the requirements for maintaining the appearance of a vehicle;

  (7) refusing to accept the supervisory inspection of the municipal transportation authority without a justifiable reason.

  Article 53 Where an operator of online ride-hailing services violates these Measures and falls under any of the following circumstances, the municipal transportation authority shall order the violator to make corrections and impose a fine that amounts between 500 and 1,000 yuan for each illegal act:

  (1) a vehicle registered under the name of an individual fails to be driven by the vehicle owner for provision of online ride-hailing services as required;

  (2) relevant data on the vehicle-born terminal fails to be transmitted to the regulatory platform of the municipal government as required;

  (3) the vehicle-born terminal and other relevant equipment of an online-hailed vehicle are intentionally destroyed, modified or deactivated; or the malfunction or damage of the vehicle-born terminal or other relevant equipment fails to rectified before operation;

  (4) soliciting passengers by cruising, or soliciting passengers in the designated areas for cruising taxis.

  Article 54 Where an operator of online ride-hailing services installs roof lights, idle lights and other special facilities and equipment for cruising taxi service in violation of the regulations, the municipal transportation authority shall order the operator to rectify and impose a fine that amounts between 500 and 1,000 yuan.

  Article 55 Where an online-hailed car driver charges in violation of regulations, the municipal transportation authority shall order the driver to make corrections and impose a fine that amounts between 50 and 200 yuan for each illegal act.

  Article 56 Where an operator of online ride-hailing services violates the provisions of these Measures and connects a vehicle that has obtained theOnline-Hailed Vehicle Transport License to a network service platform that has not obtained a license to engage in online ride-hailing service operations, the municipal transportation authority shall order the operator to rectify and impose a fine of 1,000  yuan per vehicle for each illegal act.

  Article 57 Where an operator of online ride-hailing services violates the applicable provisions of Articles 29 and Article 30, the public security, cyberspace affairs and other departments shall punish the violator in accordance with the law; if the operator of online ride-hailing causes any loss to the information subject, it shall assume the civil liability pursuant to the law; and if the operator of online ride-hailing services is suspected of committing a crime, it shall be subject to criminal liability in accordance with law.

  Where an operator of online ride-hailing services refuses to perform or refuses to provide technical interface, decryption and other technical support and assistance for the public security organ in safeguarding national security, preventing and investigating illegal and criminal activities in accordance with law, the public security organ shall punish the operator of online ride-hailing services in accordance with law; if a crime is constituted, the operator of online ride-hailing services shall be subject to criminal liability in accordance with the law.

  Chapter Seven Supplementary Provisions

  Article 58 Where a cruising taxi provides passengers with ride-hailing service by telecommunication, Internet and other means, these Measures shall not apply and applicable provisions shall be implemented.

  A cruising taxi as mentioned in these Measures means a taxithat has obtained a taxi operation license or operation permit with its taxi logo sprayed and installed, and that cruises on the street for soliciting customers or waiting for passengers at taxi ranks, provides traveling services for passengers, driving according to the wishes of passengers, and charging fares by mileage and time.

  Article 59 A pure electric vehicle as mentioned in these Measures refers to a pure electric vehicle that conforms to the Catalogue of Recommended Models of New Energy Vehicles to Be Popularized issued by the Ministry of Industry and Information Technology or an imported pure electric vehicle licensed by the relevant state regulations.

  Article 60 The terms more than over and less than as mentioned in these Measures include the figures themselves.

  Article 61 These Measures shallbecome effective as of December 1st, 2019.


附件下载:

分享到: