County (city, district) people’s government, Deyang Economic and Technological Development Zone, Deyang High-tech Industrial Development Zone, and relevant municipal departments:
"Deyang city network booking taxi management service management implementation details" has been deliberated and adopted by the eighty-eighth executive meeting of the seventh session of the municipal government, and is hereby issued to you, please follow.
Deyang Municipal People’s Government Office
April 19, 2017
Management of network booking taxi operation service in Deyang urban areaenforcement regulations
Chapter I General Provisions
the first In order to better meet the diversified travel needs of the public, and promote the integration and development of the taxi industry and the Internet, the urban network reservation taxi (hereinafter referred to as"Online car booking") business service behavior, ensure operational safety, and safeguard the legitimate rights and interests of passengers, drivers and online taxi booking operators (hereinafter referred to as "online car booking platform company"). According to the Guiding Opinions of the General Office of the State Council on Deepening Reform and Promoting the Healthy Development of Taxi Industry (Guo Ban Fa [2016] No.58, hereinafter referred to as "Guiding Opinions") and "Interim Measures for the Management of Online Taxi Booking Service" (Ministry of Transport, Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Commerce, State Administration for Industry and Commerce, General Administration of Quality Supervision, Inspection and Quarantine, National Network Information OfficeDecree No.60 of 2016, hereinafter referred to as the "Administrative Measures"), Notice of the General Office of the People’s Government of Sichuan Province on Printing and Distributing the Implementation Plan for Deepening the Reform of Taxi Industry in Sichuan Province (Chuan Ban Fa [2016] No.77, hereinafter referred to as the "Implementation Plan") and relevant laws and regulations, combined with the actual situation of Deyang City, these implementation rules are specially formulated.
the second Network car platform companies, drivers and network car passengers engaged in network car business in Deyang city shall abide by these detailed rules.
The term "online car rental service" as mentioned in these Detailed Rules refers to the business activities of building a network service platform based on Internet technology, integrating supply and demand information, using qualified vehicles and drivers, and providing non-cruise taxi reservation services.
The term "network car platform company" as mentioned in these Detailed Rules refers to an enterprise legal person that builds a network service platform and engages in network car management services.
Article Adhere to giving priority to the development of urban public transport, moderately develop taxis, and develop online taxis in an orderly manner in accordance with the principles of high-quality service and differentiated management.
Article 4 The freight rate of the network car is subject to market adjustment price, and the government guidance price can be implemented when necessary.
Article 5 Deyang City Transportation Bureau is the competent department of taxi industry in Deyang City, and is responsible for guiding the taxi administrative departments of counties (cities) to carry out the management of online car.
Deyang City Road Transportation Management Office specifically implements the management of urban network car.
Other relevant departments shall, according to their statutory duties, implement relevant supervision and management on the network car.
Chapter II Network Car Platform Company
Article 6 A network car platform company engaged in network car business in Deyang City shall have online and offline service capabilities and meet the following conditions:
(a) with the qualification of an enterprise legal person, not an enterprise legal person in this Municipality, it shall set up branches in this Municipality and pay taxes according to law;
(2) Having office space and management personnel suitable for the business scale in the urban area, and having the service capabilities of safety management, personnel training and complaint acceptance;
(3) It has the Internet platform to carry out the network car-sharing business and the ability to interact and process information and data suitable for the business to be carried out, and it has the conditions for relevant regulatory departments such as transportation, development and reform, letter, public security, taxation, network information, quality supervision, industry and commerce to obtain and query relevant network data and information according to law, the database of the network service platform is connected to the government regulatory platform, the server is located in the mainland of China, and it has the network security management system and security protection technical measures that meet the requirements;
(4) Where electronic payment is used, an agreement shall be signed with banks and non-bank payment institutions to provide payment and settlement services;
(5) Having a sound management system, a safe production management system and a service quality assurance system;
(6) Other conditions stipulated by laws and regulations.
In addition to the above conditions, foreign businessmen engaged in online car-sharing business in Deyang city should also comply with the provisions of relevant laws and regulations on foreign investment.
Article 7 An online car platform company that applies to engage in online car business in Deyang City shall apply to the transportation department and submit the following materials:
(1) An application form for online booking of taxi operation;
(two) the identity of the investor, the person in charge, the credit certificate and its copy, the identity certificate of the agent and its copy and power of attorney;
(3) Business license of an enterprise as a legal person; if it belongs to a branch, it shall also submit the business license, and the foreign-invested enterprise shall also provide the approval certificate of the foreign-invested enterprise;
(4) Information on the office space, person in charge and management personnel of the place where the service is located;
(5) Proof that it has the ability to interact and process information and data on the Internet platform, proof that it can be used by traffic, public security, taxation, network information and other relevant regulatory authorities to obtain information conditions for querying relevant network data according to law, proof that the database is connected, proof that the server is located in the mainland of China, and proof that the network security management system and security protection technical measures are established and implemented according to law;
(6) Where electronic payment is used, the payment and settlement service agreements signed with banks and non-bank payment institutions shall be provided;
(seven) the text of the management system, safety production management system and service quality assurance system;
(eight) other materials required by laws and regulations.
The materials related to online service ability in Items (5) and (6) of the preceding paragraph shall be examined and identified by the provincial transportation department at the place of registration in conjunction with the departments of communication, public security, taxation, online information and people’s bank of China at the same level, and the corresponding identification results shall be provided. The relevant departments at the municipal level shall confirm the online service capability identification results submitted by the network car platform company.
Other offline service ability materials shall be reviewed by the competent transportation department that accepts the application.
Article 8 The department in charge of transportation shall make a decision of approval or disapproval within 20 days from the date of acceptance. If a decision cannot be made within 20 days, it may be extended for 10 days with the approval of the person in charge of the implementing organ, and the applicant shall be informed of the reasons for the extension.
Article 9 If the transportation department makes an administrative licensing decision on the application for online car rental, it will issue the License for Online Booking Taxi, with the business scope of online booking taxi, the business area of Deyang City and the business period of 6 years. After the expiration of the service capacity, those who are qualified are allowed to continue their operations.
Article 10 If the transportation department decides not to grant an administrative license to an application that does not meet the prescribed conditions, it shall issue a "Decision on Not Granting an Administrative License" to the applicant.
Article 11 The network car platform company shall carry out relevant business only after obtaining the corresponding "Network Booking Taxi Business License" and applying for Internet information service filing to the provincial communication department where the enterprise is registered. The contents of the record include the real identity information of the operator, access information, and the "Network Appointment Taxi Business License" issued by the transportation department. Involving the operation of telecommunications business, it shall also comply with the relevant provisions of telecommunications management.
The network car platform company shall, within 30 days from the date when the network is officially connected, go through the filing formalities at the acceptance organ designated by the public security department of the provincial people’s government where the management and operation institution of the network car platform company is located.
Article 12 If the network car platform company suspends or terminates its operation, it shall make a written report to the original licensing authority 30 days in advance, explain the relevant situation, notify the vehicle owners and drivers who provide services, and make an announcement to the public. If the business operation is terminated, the corresponding "Network Appointment Taxi Business License" shall be returned to the original licensing authority.
Chapter III. Vehicles and Drivers of Network Cars
Article 13 The network car platform company shall ensure that the connected vehicles meet the following conditions:
(1) For passenger cars with 7 seats or less registered with the public security organs of this Municipality, the nature of vehicle use is registered as reserved passenger transport, and the vehicle inspection is within the validity period, and there are no unprocessed traffic accidents and traffic violation records;
(2) The displacement shall not be less than 1.6L or 1.4T, and the cruising range of pure electric new energy vehicles shall not be less than 150 kilometers;
(3) The performance and price of the vehicle are not lower than those of the cruise taxis in urban areas, and the use time of the vehicle applying for the "Network Appointment Taxi Transport Certificate" is not more than 3 years;
(four) the installation of vehicle satellite positioning device and emergency alarm device with driving record function;
(five) the car body shall not be pasted, sprayed or installed with the special pattern logo of the cruise taxi;
(six) should be in accordance with the operating vehicles to buy compulsory insurance, carrier liability insurance (not less than 400 thousand yuan per seat), third party liability insurance (not less than 1 million yuan) and other insurance;
(seven) the vehicle should pass the comprehensive performance test of the vehicle every year and pass the test;
(8) Compulsory scrapping when the mileage of the network car reaches 600,000 kilometers. When the mileage does not reach 600,000 kilometers but the service life reaches 8 years, you will quit the network car business.
Article 14 According to the application of the network car platform company, the transportation department will issue the "Network Booking Taxi Transport Certificate" to qualified vehicles after reviewing the conditions stipulated in Article 13 of these Detailed Rules.
Article 15 The driver of the network car should meet the following conditions:
(1) Having obtained a motor vehicle driver’s license of the corresponding quasi-driving type and having more than 3 years’ driving experience;
(2) No record of traffic accident crime, dangerous driving crime, drug abuse, driving after drinking, and no record of 12 points in three consecutive scoring cycles recently;
(3) No violent criminal record;
(4) Being in good health, with male drivers under the age of 60 and female drivers under the age of 55;
(5) Having a local household registration in Deyang or obtaining a residence permit in Deyang;
(six) other conditions stipulated by laws, regulations and rules.
Article 16 According to the application of the driver or the network car platform company, the transportation department shall, after checking according to the conditions specified in Article 15 of these Detailed Rules and checking according to the provisions, issue the Network Booking Taxi Driver’s License to drivers who meet the requirements and pass the examination.
Article 17 The driver of the network car should carry the Network Booking Taxi Transport Certificate and the Network Booking Taxi Driver’s Certificate with the car.
Article 18 If the network car is terminated, the network platform company shall submit a written report to the original licensing authority 30 days in advance to explain the relevant situation, and at the same time return the corresponding "Network Booking Taxi Road Transport Certificate" to the original licensing authority.
Chapter IV Operating Behavior of Online Car Rental
Article 19 The network car platform company shall bear the responsibility of the carrier, and shall ensure the safety of operation and protect the legitimate rights and interests of passengers.
Article 20 The network car platform company shall ensure that the vehicles providing services meet the legal operation qualification conditions stipulated in Article 13 of these Detailed Rules, with good technical condition, reliable safety performance and neat appearance, and report the relevant information of vehicles to the transportation authorities where the services are located.
The network car platform company should dynamically monitor the vehicle operation and service process in real time by installing vehicle terminals and other means to ensure that the vehicles providing services online are consistent with the vehicles actually providing services offline.
The network car platform company shall establish a regular vehicle inspection and maintenance system, and establish a complete vehicle maintenance and maintenance file to ensure the safety performance testing of vehicles according to regulations.
Article 21 The network car platform company shall ensure that the drivers who provide services have the legal qualification conditions stipulated in Article 15 of these Detailed Rules, and obtain the records of the drivers’ annual physical health, law-abiding and driving conditions, and have the ability to provide services continuously.
Network car platform companies should sign various forms of labor contracts or agreements with drivers in accordance with relevant laws and regulations, according to the characteristics of working hours and service frequency, clarify the rights and obligations of both parties, and safeguard and protect the legitimate rights and interests of drivers.
The network car platform company shall carry out pre-job training and daily education on relevant laws and regulations, professional ethics, service standards and safe operation, and establish and improve driver files.
During the operation, the online car platform company should collect personal biometric data such as the driver’s portrait in real time, and compare it with the identity data uploaded by the driver to ensure that the driver who provides services online is consistent with the driver who actually provides services offline, and report the driver’s relevant information to the transportation authorities.
The online car rental platform company shall record the information content, user registration information, identity authentication information, order log, online log, online transaction log, driving track log and other data released by drivers and car owners on its service platform and back them up.
Article 22 The network car platform company shall provide 24-hour uninterrupted operation service, define service items, service quality standards and service commitments, establish a service evaluation system and a passenger complaint handling system, set up a service supervision institution, establish a network complaint acceptance platform, and publish a service supervision telephone number. After receiving the passenger’s complaint, it shall be handled within 24 hours and completed within 5 working days, and the passenger shall be informed of the handling result. The annual passenger complaint handling rate should reach 100%.
We should establish an order management system and formulate rules for dispatching orders. Drivers with high booking success rate and good service quality can be given priority in order distribution.
The driver service information shall be collected and recorded truthfully. Provide the driver’s name, photo, mobile phone number and service evaluation results when providing online taxi booking service.
A system of registration, storage and search for lost and found passengers shall be established, and inquiries about lost and found passengers shall be handled in a timely manner and answered within 48 hours. Those suspected of maliciously encroaching on passengers’ property shall be handed over to the public security organs for handling according to law.
Article 23 The network car platform company should announce the taxi pricing method to the public, implement the price tag clearly, and provide the corresponding taxi invoice to the passengers.
Article 24 The network car platform company shall not hinder fair competition in the market, infringe upon the legitimate rights and interests of passengers and social public interests, disrupt the normal market order by crowding out competitors or monopolizing the market, operate at a price lower than the cost, and harm the national interests or the legitimate rights and interests of other operators, and there shall be no price violations.
The network car platform company shall carry out market incentives, promotions, price increases and other acts in compliance with relevant laws and regulations, and clearly inform the car owners before the service.
Article 25 The network car should engage in business activities within the licensed business area. If it exceeds the licensed business area, one end of the starting point should be within the licensed business area.
Article 26 Network car platform companies should pay taxes according to law, buy carrier liability insurance and other related insurance for passengers, and fully protect the rights and interests of passengers.
Article 27 Network car platform companies should strengthen safety management, implement safety precautions such as operation and network, strictly protect and manage data security, improve safety prevention and risk resistance, and support and cooperate with relevant departments to carry out related work.
Article 28 Encourage urban cruise vehicles to apply for online car service from qualified online car platform companies. Access to the cruise car should comply with the network car operation service process, the implementation of cruise car freight.
Article 29 The network car platform company shall inform the purpose, mode and scope of the collection and use of personal information such as drivers, car owners and passengers in a significant way through its service platform. Without the express consent of the information subject, the network car platform company shall not use the aforementioned personal information for other businesses.
The network car platform company shall not collect the personal information of drivers, car owners and passengers beyond the scope necessary for providing network car service.
In addition to cooperating with the state organs to exercise the power of supervision and inspection or criminal investigation according to law, the online car platform company shall not provide any third party with personal information such as the name, contact information, home address, bank account or payment account, geographical location, travel route, etc. of the driver, car owner and passenger, and shall not disclose sensitive information related to national security such as geographical coordinates and geographical markers. After information leakage occurs, the network car platform company shall promptly report to the relevant competent authorities and take timely and effective remedial measures.
Article 30 The online car rental platform company shall abide by the relevant provisions of the state on network and information security, and the collected personal information and generated business data shall be stored and used in the mainland of China for a period of not less than 2 years. Unless otherwise stipulated by laws and regulations, the above information and data shall not be exported.
Network car platform companies shall not use their service platforms to publish information prohibited by laws and regulations, and shall not provide convenience for enterprises, individuals, other groups and organizations to publish harmful information, and take effective measures to filter and block the spread of harmful information. If it is found that others use their network service platform to spread harmful information, they should immediately stop transmission, keep relevant records and report to the relevant state organs.
The network car platform company shall, in accordance with the law, provide necessary technical support and assistance for the public security organs to carry out national security work according to law and prevent and investigate illegal and criminal activities.
Article 31 No enterprise or individual may provide information docking to vehicles and drivers who have not obtained legal qualifications, and carry out network car service. It is not allowed to provide online car service in the name of private car sharing.
Vehicles and drivers on the network are not allowed to provide operation services through the network service platform without business license.
Article 32 The driver of the network car should wait for the order at the allowed parking place, and must not parade to attract passengers. It is not allowed to set up a unified parade car at the bus terminal, railway station, etc. to wait for the off-road parking to attract passengers.
Article 33 Network car platform companies shall not use vehicle-mounted or driver communication tools to organize or incite drivers and passengers to participate in illegal assemblies, processions, demonstrations and affrays.
Article 34 Passengers on the network car should abide by the following provisions:
(a) shall not carry flammable, explosive, toxic and other items that endanger public safety;
(two) no pets and articles that affect the health of the car;
(three) shall not put forward to the driver in violation of road traffic safety regulations;
(four) not to throw things outside the car, not to damage the facilities and equipment inside the car;
(5) If a drunk or a mentally ill person takes a bus, there shall be accompanying (guardianship) personnel;
(six) comply with the provisions of the network car service, and take the bus at the agreed time and place;
(seven) pay the fare in accordance with the provisions.
Article 35 For vehicles or drivers who provide services online, they are inconsistent with those who actually provide services offline, overcharge, do not issue bills, and have a bad service attitude. Passengers who travel online have the right to complain and report to the operators or relevant municipal departments. The complainant shall truthfully provide relevant information and evidence and cooperate with the investigation.
Chapter V Supervision and Inspection
Article 36 Relevant departments at the municipal level should build and improve the government supervision platform to realize information sharing with the network car platform. Shared information should include basic information of vehicles and drivers, service quality and passenger evaluation information.
Strengthen the supervision of the network car market, and strengthen the qualification examination and certificate issuance management of network car platform companies, vehicles and drivers.
Regularly organize the evaluation of the service quality of the network car, and timely announce to the public the basic information of the local network car platform company, the service quality evaluation results, the handling of passenger complaints and other information.
Relevant departments at the municipal level have the right to obtain and consult relevant data and information such as registration, operation and transaction of car-sharing platform companies within the jurisdiction according to management needs.
Article 37 Public security, online information and other departments shall, according to their respective functions and duties, investigate and deal with the illegal collection, storage, processing and utilization of relevant personal information, violation of the relevant provisions of Internet information services, endangering the network and information security, applying the online car service platform to release harmful information or facilitating the release of harmful information by enterprises, individuals and other organizations, and cooperate with the transportation authorities to dispose of the online car platform companies that are found to be in violation of laws and regulations.
Public security, network information and other departments shall, in accordance with their respective responsibilities, supervise and inspect the implementation of the network security management system and technical measures for security protection, and prevent and investigate relevant illegal and criminal activities.
Article 38 Development and reform, letter, public security, people’s society, commerce, people’s bank, taxation, industry and commerce, quality supervision, network information and other departments shall, according to their respective responsibilities, implement relevant supervision and inspection on the operation of online car rental, and deal with illegal acts according to law.
Article 39 The relevant departments at the municipal level shall actively prevent and properly handle the group incidents that may occur in the online booking taxi industry, maintain social order, protect the legitimate rights and interests of citizens, stop and punish illegal and criminal activities according to law, and maintain public order and social stability.
Article 40 Relevant departments at the municipal level shall, in accordance with their duties, establish credit records of network car platform companies and drivers, and incorporate them into the national credit information sharing platform. At the same time, the credit information such as administrative license and administrative punishment of the network car platform company will be publicized on the national enterprise credit information publicity system.
Article 41 Industry associations should establish a list system of bad records of network car platform companies and drivers to strengthen industry self-discipline.
Chapter VI Legal Liability
Article 42 If the online car-booking platform company and its drivers violate the Interim Measures for the Administration of Online Booking of Taxi Operating Services (Ministry of Transport, Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Commerce, State Administration for Industry and Commerce, General Administration of Quality Supervision, Inspection and Quarantine, Order No.60 of 2016), Regulations on the Administration of Taxi Drivers’ Qualification (Order No.63 of 2016) and other laws and regulations, the transportation authorities and relevant functional departments shall follow the law according to their duties.
Chapter VII Supplementary Provisions
Article 43 County (city) people’s governments may, according to these rules, formulate specific implementation rules according to local actual conditions.
Article 44 These rules shall be implemented as of the date of promulgation.It will be implemented after 30 days and will be valid for 5 years. Deyang Municipal Transportation Bureau is responsible for the interpretation of these detailed rules.