西湖股份

Xihu
General

Regulations on the administration of road passenger transport and passenger stations (Order No. 17 of the Ministry of transport of the people's Republic of China, 2020)

2020-11-25

Summary:The regulations on the administration of road passenger transport and passenger stations, which were adopted at the 21st ministerial meeting on July 2, 2020,

The regulations on the administration of road passenger transport and passenger stations, which were adopted at the 21st ministerial meeting on July 2, 2020, are hereby promulgated and shall enter into force as of September 1, 2020.

Minister Li Xiaopeng

July 6, 2020

Chapter I General Provisions

Article 1 These Provisions are formulated in accordance with the regulations of the people's Republic of China on road transport and the provisions of relevant laws and administrative regulations for the purpose of regulating the business activities of road passenger transport and road passenger transport stations, maintaining the order of road passenger transport market, ensuring the safety of road passenger transport and protecting the legitimate rights and interests of passengers and operators.

Article 2 those engaged in the operation of road passenger transport (hereinafter referred to as road passenger transport) and road passenger transport stations (hereinafter referred to as passenger stations) shall abide by these provisions.

Article 3 the term "road passenger transport operation" as mentioned in these Provisions refers to commercial road passenger transport activities that use buses to transport passengers, provide services to the public, including regular bus (Overtime bus) passenger transport, chartered bus passenger transport and tourism passenger transport.

(1) Regular bus passenger transport refers to a passenger transport mode in which buses operate on urban and rural roads according to fixed lines, times, stations and shifts. Overtime bus passenger transport is a supplementary form of regular bus passenger transport. It is a way to temporarily increase or allocate buses to operate according to the lines and stations of regular bus when the regular bus cannot meet the needs or normal operation.

(2) Charter passenger transport refers to a passenger transport mode in which the passenger train is chartered to the user for arrangement and use, providing driving services, driving according to the agreed starting place, destination and route, and the Charter user pays the fee uniformly.

(3) Tourism passenger transport refers to a passenger transport mode that operates in scenic spots or at least one end of its line is in scenic spots (points) for the purpose of transporting tourists.

The term "passenger station operation" as mentioned in these Provisions refers to the business activities of providing relevant transportation services for road passenger transport operators and passengers based on station facilities.

Article 4 road passenger transport and passenger station management shall adhere to the purpose of people-oriented and safety first, follow the principles of fairness, justice, openness and convenience, break regional blockade and monopoly, promote the unity, openness, competition and order of road transport market, and meet the beautiful travel needs of the people.

Road passenger transport and passenger station operators shall operate according to law, be honest and trustworthy, compete fairly and provide high-quality services.

Encourage road passenger transport and passenger station related industry associations to strengthen industry self-discipline.

Article 5 the State implements the quality and reputation assessment system for road passenger transport enterprises, encourages road passenger transport operators to carry out large-scale, intensive and corporate operations, and prohibits affiliated operations.

Article 6 the Ministry of transport shall be in charge of the management of road passenger transport and passenger stations throughout the country.

The transportation departments of the local people's governments at or above the county level shall be responsible for organizing and leading the management of road passenger transport and passenger stations in their respective administrative regions.

The road transport management institutions above the county level shall be responsible for the specific implementation of road passenger transport and passenger station management.

Article 7 Road passenger transport shall be coordinated and effectively connected with other modes of transport such as railway, waterway and civil aviation, and integrated with information technology, tourism, postal and other related industries.

Rural road passenger transport has the attribute of public welfare. The state promotes the integration of urban and rural road passenger transport services and improves the level of equalization of public services.

Chapter II Business License

Article 8 the routes of regular bus passenger transport are divided into the following four types according to the business area:

Class I passenger transport lines: passenger transport lines across provincial administrative regions (except between adjacent counties).

Class II passenger transport routes: within the provincial administrative regions, passenger transport routes crossing the municipal administrative regions divided into districts (except between adjacent counties).

Class III passenger transport routes: passenger transport routes across county-level administrative regions (except between adjacent counties) within the municipal administrative regions divided into districts.

Class IV passenger transport routes: passenger transport routes within county-level administrative areas or between adjacent counties.

The term "adjacent counties" as mentioned in these Provisions includes adjacent counties, banners, county-level cities and districts of towns and townships under their jurisdiction.

Article 9 charter passenger transport is divided into inter provincial charter passenger transport and intra provincial charter passenger transport according to the business area.

The competent department of transportation of the provincial people's Government may, according to the actual needs, divide the charter passenger transport within the province into inter city charter passenger transport, inter County charter passenger transport and intra County charter passenger transport, and implement classified management.

Charter passenger transport operators can be downward compatible with charter passenger transport business.

Article 10 tourist passenger transport is divided into fixed line tourist passenger transport and non fixed line tourist passenger transport according to the mode of operation.

Fixed line tourism passenger transport is managed according to regular bus passenger transport, and non fixed line tourism passenger transport is managed according to charter passenger transport.

Article 11 An applicant for engaging in road passenger transport business shall meet the following conditions:

(1) There are passenger cars suitable for their business and passing the test:

1. The technical requirements of passenger cars shall comply with the relevant provisions of the regulations on the technical management of road transport vehicles.

2. Requirements for type and grade of passenger cars:

The type and grade of passenger cars engaged in class I and class II passenger transport lines and chartered passenger transport shall reach intermediate or above.

3. Requirements for the number of passenger cars:

(1) A bus passenger transport operator operating a class I passenger transport line shall own more than 100 operating buses, including more than 30 senior buses; Or own more than 40 senior operating buses;

(2) Regular bus operators operating class II passenger transport lines shall own more than 50 operating buses, including more than 15 medium and high-grade buses; Or own more than 20 senior operating buses;

(3) Bus operators operating class III passenger transport lines shall own more than 10 operating buses;

(4) Bus operators operating class IV passenger transport lines shall own more than one operating bus;

(5) An operator engaged in inter provincial charter passenger transport shall own more than 20 medium and high-grade operating buses;

(6) An operator engaged in charter passenger transport within the province shall own more than 10 operating buses.

(2) Drivers engaged in passenger transport operations shall comply with the relevant provisions of the provisions on the administration of road transport practitioners.

(3) There is a sound safety production management system, including safety production operation procedures, safety production responsibility system, safety production supervision and inspection, driver and vehicle safety production management system.

When applying for the operation of road passenger transport lines, there shall also be a clear line and station scheme.

Article 12 those who apply to engage in road passenger transport business shall, after going through the relevant registration formalities with the market supervision and administration department according to law, submit an application in accordance with the following provisions:

(1) Those engaged in the operation of class I, class II and class III passenger transport lines or charter passenger transport shall apply to the local municipal road transport administration agency divided into districts;

(2) Those engaged in the operation of class IV passenger transport lines shall apply to the local road transport administration at the county level.

An application for engaging in road passenger transport in a municipality directly under the central government shall be submitted to the road transport administration institution determined by the people's Government of the municipality directly under the central government.

Where the competent department of transportation of the provincial people's government implements classified management of charter passenger transport within the province, and is engaged in inter city charter passenger transport or inter County charter passenger transport, it shall submit an application to the road transport administration at the municipal level divided into districts where it is located; Those engaged in the operation of charter passenger transport in the county shall apply to the local road transport administration at the county level.

Article 13 to apply for engaging in road passenger transport business, the following materials shall be provided:

(1) Application form for road passenger transport operation (see Annex 1);

(2) The identity certificates of the legal representative or individual operator of the enterprise, the identity certificates and power of attorney of the person in charge;

(3) Text of safety production management system;

(4) Commitment of vehicles to be invested and drivers to be employed, including the number, type, grade and technical grade of passenger cars, and the employed drivers are qualified.

To apply for the operation of road passenger transport lines, the following materials shall also be provided:

(1) Application form for operation of road passenger transport lines (see Annex 2);

(2) Promise to sign the arrival agreement with the passenger station at the origin and destination and the passenger station at the midway stop before putting into operation (if there is no passenger station at the rural end of the rural road passenger transport line, the arrival commitment at this end will not be made);

(3) Letter of commitment for transportation service quality.

Article 14 when applying for a new passenger transport line, the operator who has obtained the operation license of the corresponding road passenger transport line shall apply in accordance with the provisions of Article 12 of these Provisions, and provide the materials specified in paragraphs 1 (4) and 2 of Article 13, as well as the identity card and power of attorney of the operator.

Article 15 An applicant for the operation of a passenger station shall meet the following conditions:

(1) The passenger station has passed the acceptance;

(2) Have professionals and managers suitable for the business volume;

(3) Have corresponding equipment and facilities;

(4) There are sound business operation procedures and safety management systems, including service specifications, safety production operation procedures, vehicle pre departure inspection, safety production responsibility system, and safety production supervision and inspection systems such as national inspection of dangerous goods and other prohibited articles (hereinafter referred to as prohibited articles), safety management of personnel and vehicles entering and leaving the station.

Article 16 Anyone who applies for the operation of a passenger station shall apply to the local road transport administration at the county level after going through the relevant registration formalities with the market supervision and administration department according to law.

Article 17 to apply for the operation of a passenger station, the following materials shall be provided:

(1) Application form for operation of road passenger transport station (see Annex 3);

(2) The identity certificates of the legal representative or individual operator of the enterprise, the identity certificates and power of attorney of the person in charge;

(3) The commitment has met the conditions specified in Article 15 of these provisions.

Article 18 the road transport administrative agencies at or above the county level shall regularly announce to the public the investment of passenger transport capacity, the layout of passenger transport lines, the main passenger flow direction and flow within their administrative areas.

When examining the passenger transport application, the road transport administration shall consider the supply and demand of the passenger transport market, universal service and convenience to the masses; When examining the application for passenger transport lines with an operating line length of more than 800 km, a safety risk assessment shall also be conducted.

Article 19 the road transport administrative agency shall implement the administrative license for the operation of road passenger transport, road passenger transport lines and passenger stations in accordance with the road transport regulations of the people's Republic of China, the provisions on the implementation procedures of traffic administrative license and the procedures regulated in these provisions.

Article 20 if the road transport administrative agency accepts the application for road passenger transport operation and the application for road passenger transport line operation, it shall obtain the business license, other road passenger transport operation licenses obtained by the applicant, existing vehicles and other information through inter departmental information sharing and internal verification, and make a decision on whether or not to grant the license within 20 days from the date of acceptance.

If the road transport administrative agency makes a decision to approve the administrative license for the road passenger transport operation application that meets the legal conditions, it shall issue the decision on the administrative license for road passenger transport operation (see Annex 4), clarify the business entity, business scope, number of vehicles and requirements, and issue the license to the Licensee within 10 days from the date of making the decision to approve the administrative license Road transportation operation license, and inform the tunnel transportation management organization where the licensee is located.

If the road transport administrative agency makes a decision on Approving the administrative license for the operation of road passenger transport lines that meet the legal conditions, it shall also issue the decision on the administrative license for the operation of road passenger transport lines (see Annex 5) , clarify the licensing matters such as the starting and ending places, passenger transport stations at Midway stops, the lower limit of daily departure shifts, the number and requirements of vehicles, and the operation period, and inform the road transport management organization at the same level at the starting and ending places of the line; for the road passenger transport lines or rural road passenger transport lines established by the line company, the passenger transport stations at Midway stops can be decided by their operators and informed to the original licensing authority.

If it belongs to class I or class II passenger transport lines, the licensing authority shall copy the decision on administrative licensing of road passenger transport lines to the road transport administration at the same level at the midway stop.

Article 21 the system of notification and commitment shall be implemented for the operation license of passenger stations. If the Applicant promises to meet the conditions for operation license and submit the relevant materials specified in Article 17 of these Provisions, the road transportation management organization shall make a decision on whether to grant or not to grant the license on the spot after formal examination. If the decision on Approving the administrative license is made, it shall issue a certificate The decision on the administrative license for the operation of road passenger transport stations (see Annex 6) defines the licensing matters such as the business entity, the name of passenger transport stations, station address, station level and business scope, and issues the road transport operation license to the Licensee within 10 days.

Article 22 Where a road transport administrative agency decides not to grant an administrative license to an application that does not meet the statutory conditions, it shall issue a decision on not granting an administrative license to the applicant and explain the reasons.

Article 23 Where an application for the operation of class I and class II passenger transport lines and adjacent inter county passenger transport lines in class IV is accepted, the road transport administrative agency shall solicit the opinions of the road transport administrative agency at the same level of the midway stop and destination within 7 days after accepting the application; the road transport administrative agency at the same level shall give feedback within 10 days from the date of receipt. If it does not agree, it shall indicate the reasons according to law, If no reply is made within the time limit, it shall be deemed as consent.

If the relevant road transport management organization has different opinions on the operation application of passenger transport lines between adjacent counties in a city divided into districts and the negotiation fails, the road transport management organization that accepts the application shall report to the road transport management organization at the municipal level divided into districts for decision and notify the applicant in writing. The relevant road transport management organization has different opinions and negotiation on the operation application of passenger transport lines between provinces and adjacent counties between cities If the negotiation fails, the road transport administrative agency that accepts the application shall report to the road transport administrative agency at the municipal level divided into districts for negotiation. If the negotiation still fails, it shall report to the road transport administrative agency at the provincial level (for negotiation) Make a decision and notify the applicant in writing. If the relevant road transport management organization has different opinions on the operation application of class I and class II passenger transport lines and the negotiation fails, the road transport management organization that accepts the application shall report to the provincial road transport management organization (negotiation) for decision and notify the applicant in writing.

The decision made by the superior road transport administrative agency shall be notified in writing to the road transport administrative agency that accepts the application, and the road transport administrative agency that accepts the application shall go through relevant procedures for the applicant.

If the operator of regular bus passenger transport re applies due to the expiration of the operation period of passenger transport lines, the road transport management organization accepting the application does not need to solicit opinions from the midway stop and destination tunnel transport management organization again.

Article 24 regular bus passenger transport operators shall file with the original licensing authority the passenger transport stations and routes at the starting and ending places on the strength of the arrival agreement. For passenger transport lines with an operating line length of more than 800 km, vehicle number plates shall also be filed. The road transport administration agency shall distribute regular bus passenger transport signs (see Annex 7) and Operation information table of road passenger transport lines (see Annex 8).

Article 25 passenger transport operators shall implement the commitments of vehicles to be put into service and drivers to be employed within a determined time. After verification, the road transport administrative agency shall issue a road transport license to the passenger cars put into service, indicating the business scope. Passenger transport lines with an operating line length of more than 800 km shall also indicate the passenger transport line, the number of passenger transport signs of regular buses and other information.

Article 26 If it is necessary to apply to road transport administrative agencies at different levels for different types of passenger transport business, it shall be approved by the road transport administrative agencies at the corresponding levels, and the road transport administrative agency at the highest level shall issue the road transport business license, indicating the business scope approved by the road transport administrative agencies at all levels, The lower level road transport management organization will no longer approve and issue. If the lower level road transport administrative agency has issued the road transport operation license to the licensee, the higher level road transport administrative agency shall renew it.

Article 27 Where a road passenger transport operator establishes a subsidiary, it shall apply for a business license to establish a tunnel transport management organization in accordance with the provisions; Where a branch is established, it shall be filed with the establishment of the tunnel transportation administration.

Article 28 the operation license of passenger transport lines can be implemented by means of service quality bidding, and an operation service agreement shall be signed. If the number of applicants fails to meet the requirements of bidding, the road transport administrative agency shall select the best passenger transport operators according to the licensing conditions.

If the relevant road transport management agencies negotiate and determine to implement the operation license of inter provincial passenger transport lines through service quality bidding, they can adopt joint bidding, separate bidding, etc. If one party does not implement bidding, it will not affect the other party's bidding.

The bidding management measures for the operation and service quality of road passenger transport lines shall be formulated separately.

Article 29 in the process of business license for road passenger transport lines, no unit or individual shall refuse or obstruct the implementation of business license for passenger transport lines with improper reasons such as equal delivery of transport capacity.

Article 30 If a passenger transport operator or a passenger station operator needs to change the licensing matters, it shall submit an application to the original licensing authority and handle it in accordance with the relevant provisions of this chapter. If the operator of regular bus passenger transport changes the passenger transport station and route at the place of origin and destination, it shall file a new record.

The change of the business entity, origin and destination of passenger transport lines and the lower limit of daily departure shifts, and the change of the business entity and station site of passenger transport stations shall be handled in accordance with the re license.

In case of any change in the licensed items or filing items of passenger transport lines, the road transport management institution shall reissue the operation information form of road passenger transport lines.

If a passenger transport operator or passenger station operator fails to put into operation for more than 180 days without justified reasons after obtaining all business licenses, or stops operation for more than 180 consecutive days after operation, it shall be deemed as automatic termination of operation.

Article 31 the operation period of passenger transport lines shall be determined by its licensing authority in accordance with the relevant provisions of the regulations of the people's Republic of China on road transport.

Article 32 If the operator of passenger transport lines suspends or terminates the operation of passenger transport lines within the operation period, it shall inform the original licensing authority 30 days in advance. Upon the expiration of the operation period, the operator of passenger transport lines shall re apply in accordance with Article 12 of these provisions. The licensing authority shall make a decision on licensing or disapproval in accordance with the relevant provisions of this chapter. If permission is granted, relevant formalities shall be handled again.

If a passenger transport operator terminates its operation, it shall return the relevant road transport operation license, road transport license and passenger transport signboard to the original issuing authority within 10 days after the termination.

Article 33 If a passenger station operator terminates its operation, it shall inform the original licensing authority and the inbound operator 30 days in advance. If the original licensing authority finds that the closure of the passenger station may have a significant impact on the public interests, it shall take measures to divert the incoming vehicles and make an announcement to the public 15 days before the termination of operation. The operator of the passenger station shall return the road transportation operation license to the original issuing authority within 10 days after the termination of operation.

Chapter III passenger transport operation and management

Article 34 passenger transport operators shall engage in passenger transport business activities in accordance with the licensing matters decided by the road transport administrative authority, and shall not transfer or lease the road transport business license.

Article 35 road passenger transport routes belong to public resources owned by the state. After obtaining the business license, regular bus passenger transport operators shall provide continuous transportation services to the public, and shall not suspend, terminate or transfer regular line transportation without authorization.

Article 36 in case of major activities, holidays, Spring Festival transportation period, tourist season and other special periods or emergencies, and the passenger transport operator cannot meet the demand of transport capacity, the road transport administration institution may temporarily transfer the operating buses and social non operating buses with vehicle technical grade not lower than grade II to operate Charter buses or extra buses. Non operating passenger cars shall be operated with the certificate issued by the road transport administration at or above the county level.

Article 37 a passenger shuttle bus shall operate according to the permitted starting and ending places, the lower limit of daily departure frequency and the recorded route, and get on and off passengers at the passenger station at the starting and ending places and the passenger station at the midway stop (hereinafter referred to as the passenger distribution station).

Passenger shuttle buses shall not pick up passengers outside the specified passenger distribution stations or solicit passengers along the way, and shall not change the route without justified reasons. On the premise of complying with relevant laws and regulations on road traffic safety and urban management, passenger shuttle buses can get off passengers along the urban area and County town where the origin and destination and midway stop are located.

During major events, the passenger shuttle bus shall get on and off passengers at the passenger allocation station designated by the relevant road transport management authority.

Article 38 the operators of class I and class II passenger transport lines or the ticket selling units and passenger distribution stations entrusted by them shall implement real name ticket selling and real name inspection (hereinafter referred to as real name system management), except for ticket free children. The scope of real name management of other passenger transport lines and passenger stations shall be determined by the competent department of transportation of the provincial people's government.

If the real name system is implemented, the ticket buyer shall provide the original of valid identity documents when purchasing tickets (see Annex 9 for the category of valid identity documents), and the ticket seller shall record the identity information of passengers on the ticket. If a ticket is purchased in real name through network, telephone, etc., the ticket purchaser shall provide valid identity document information and provide the original of valid identity document when taking the ticket.

If a passenger loses his ticket, the ticket seller shall apply for a replacement ticket free of charge after verifying his identity information.

Article 39 passenger transport operators shall not force passengers to take the bus, hand over passengers to others for transportation, abandon passengers, extort passengers, use operating buses lower than the specified types and grades for transportation, and hinder the normal business activities of other operators.

Article 40 it is strictly prohibited to overload the operating passenger train. When the number of passengers is full, it is allowed to take another free child who does not exceed 10% of the approved number of passengers.

Article 41 passenger cars shall not carry goods in violation of regulations. When accepting the cargo transportation business in the baggage compartment of the passenger shuttle bus, the operator of the passenger station shall register the valid identity information of the shipper, and conduct safety inspection or unsealing inspection on the consigned articles. It shall not accept the consigned articles prohibited by relevant laws and regulations, which may endanger the transportation safety and the shipper refuses the safety inspection.

When the luggage compartment of a passenger shuttle bus is loaded with checked goods, it shall not exceed the inner diameter of the luggage compartment, not greater than the difference between the maximum allowable total mass of the bus and the curb mass and the approved passenger carrying mass, and the counterweight shall be reasonably balanced; Effective fixing measures shall be taken for articles that are easy to roll and slide in the cabin.

Article 42 passenger transport operators shall abide by the relevant provisions on freight rates, use the prescribed tickets, and shall not arbitrarily increase prices, maliciously lower prices or collect fees.

Article 43 a passenger transport operator shall spray the name or logo of the enterprise at an appropriate position on the outside of the passenger transport vehicle, and publicize the driver's name and professional qualification certificate number, transportation service supervision telephone, ticket price and odometer in an eye-catching position in the carriage.

Article 44 passenger transport operators shall provide passengers with a good riding environment, ensure that the vehicle equipment and facilities are complete and effective, keep the vehicle clean and hygienic, and take necessary measures to prevent illegal acts infringing on the personal and property safety of passengers during transportation.

Passenger transport operators shall inform passengers of safety matters such as fastening safety belts before departure in accordance with relevant regulations. In case of public security violations against passengers' personal and property safety during transportation, they shall timely report to the public security organ and cooperate with the public security organ to deal with public security violations.

Passenger transport operators shall not engage in unhealthy activities such as broadcasting pornographic videos on passenger transport vehicles, and shall not disseminate or use illegal publications such as undermining social stability, endangering national security and inciting ethnic division.

Article 45 passenger transport operators are encouraged to use passenger cars equipped with lower luggage compartments to engage in road passenger transport. If there is no lower luggage compartment or the volume of the luggage compartment cannot meet the needs, a special luggage stacking area can be set up in the compartment, but the luggage stacking area and the seat area must be isolated and corresponding safety measures shall be taken. It is strictly prohibited to carry passengers in the baggage stacking area.

Article 46 a passenger transport operator shall insure passengers against carrier's liability insurance.

Article 47 passenger transport operators shall strengthen vehicle technical management, establish an inspection system for the technical status of passenger transport vehicles, strengthen safety and professional ethics education and professional knowledge and operation rules training for employees, and take effective measures to prevent drivers from driving continuously for more than 4 hours.

The drivers of passenger vehicles shall abide by the road transport laws and regulations and the operating procedures of road transport drivers, drive safely and provide civilized services.

Article 48 passenger transport operators shall formulate emergency plans for emergencies. The emergency plan shall include reporting procedures, emergency command, reserve of emergency vehicles and equipment, disposal measures, etc.

In case of emergencies, passenger transport operators shall obey the unified dispatching and command of the people's governments at or above the county level or relevant departments.

Article 49 passenger transport operators shall establish and improve various accounts and archives, and submit relevant materials and information in time as required.

Article 50 passengers shall take the bus with a valid ticket, cooperate with the safety inspection of luggage and articles, use seat belts in accordance with regulations, abide by the order of taking the bus, and be polite; It is not allowed to carry prohibited articles on the bus or interfere with the driver's safe driving.

For passenger transport lines and stations under real name management, passengers shall also hold the original of their own valid identity documents and cooperate with the staff for inspection. Before passengers take the bus, the operator of the passenger station shall check the consistency between the identity information recorded on the ticket and the original passenger and his valid identity card (hereinafter referred to as ticket, person and card) and record relevant information.

If a passenger refuses to cooperate with the safety inspection of luggage and articles, or insists on carrying prohibited articles and taking the passenger transport line managed by the real name system, refuses to provide the original of his / her valid ID card, or the ticket, person and card are inconsistent, the bus passenger transport operator and the passenger station operator shall not allow him / her to take the bus.

Article 51 bus passenger transport operators and passenger station operators implementing real name system management shall be equipped with necessary facilities and equipment, and strengthen the training of relevant personnel in real name system management and the management of relevant systems, facilities and equipment, so as to ensure compliance with relevant laws and regulations of the state.

Article 52 regular bus passenger transport operators and passenger station operators shall keep confidential the passenger identity information and boarding information registered and collected by the implementation of the real name system, in addition to providing them truthfully according to the requirements of the public security organ. The retention period of passenger identity information and boarding information shall not be less than 1 year from the date of collection. If video image information is involved, the retention period shall not be less than 90 days from the date of collection.

Article 53 regular bus passenger transport operators or their entrusted ticket selling units and passenger distribution stations shall formulate effective emergency plans according to the characteristics of real name system management under special circumstances such as peak passenger flow, bad weather, equipment system failure and major activities.

Article 54 the driver of a passenger transport vehicle shall carry the road transport certificate, professional qualification certificate and other relevant certificates along with the vehicle, and place passenger transport signs at the specified positions.

Article 55 under any of the following circumstances, passenger vehicles may operate on the strength of temporary bus passenger transport signs:

(1) In a special period of time or in the event of an emergency, the passenger transport operator cannot meet the demand for transport capacity and uses the passenger cars of other passenger transport operators to operate additional trains;

(2) Due to vehicle failure, maintenance and other reasons, it is necessary to call the bus of other passenger transport operators to connect or shift;

(3) The bus passenger transport signboard is being made or accidentally lost and waiting for collection.

Article 56 passenger cars operating on temporary bus passenger transport signs shall operate according to the lines and stations of the regular bus. In case of overtime or shift work, it shall also hold the on duty driving waybill signed and sealed by the departure station and indicating the reasons; If the bus passenger transport signboard is being made or lost, it shall also hold a copy of the road passenger transport line operation information form or the decision on administrative license for road passenger transport line operation of the line.

Article 57 a passenger charter shall operate according to the agreed time, starting place, destination and route by presenting the passenger charter signboard issued by the tunnel transportation management organization where the vehicle is registered, and shall hold the charter contract. Passengers outside the charter contract shall not be solicited.

In addition to performing the emergency charter task assigned by the road transportation management organization, one end of the line shall be in the city divided into districts where the vehicle register is located, and the single transport time shall not exceed 15 days.

Article 58 the temporary inter provincial bus passenger transport signboards (see Annex 10) and inter provincial chartered bus passenger transport signboards (see Annex 11) shall be printed by the road transport administration at the municipal level divided into districts in accordance with the unified style of the Ministry of transport, and handed over to the local road transport administration at or above the county level for distribution to passenger transport operators. The inter provincial temporary shuttle bus passenger transport signboard and inter provincial charter bus passenger transport signboard are valid within the time required for one transport. The validity period of the temporary inter provincial shuttle bus passenger transport signboard used because the shuttle bus passenger transport signboard is being made or lost shall not exceed 30 days.

Enterprises engaged in inter provincial charter passenger transport shall, in accordance with the unified requirements of the Ministry of transport, file with the vehicle and tunnel transportation management organization through the transportation management information system.

The styles and management requirements of temporary shuttle bus passenger transport signboards and charter bus passenger transport signboards in the province shall be formulated by the competent transportation departments of the provincial people's governments.

Chapter IV customized services for shuttle bus passenger transport

Article 59 The State encourages the development of customized bus passenger transport services (hereinafter referred to as customized passenger transport).

The customized passenger transport as mentioned in the preceding paragraph refers to the regular bus passenger transport operation mode in which the operators who have obtained the operation license of road passenger transport routes release the information such as the starting and ending places of road passenger transport routes, carry out online ticket sales, flexibly determine the departure time, boarding and alighting places and provide transportation services according to the needs of passengers.

Article 60 the authorized number of passengers of operating passenger cars (hereinafter referred to as customized passenger vehicles) carrying customized passenger transport shall be 7 or more.

Article 61 an e-commerce platform providing customized passenger transport network information services (hereinafter referred to as the network platform) shall go through the relevant formalities such as market subject registration, Internet information service license or filing in accordance with the relevant laws and regulations of the state.

Article 62 the network platform shall establish the files of shuttle bus passenger transport operators, drivers and vehicles, and ensure that the shuttle bus passenger transport operators have obtained the corresponding road passenger transport line business license, the drivers have the corresponding motor vehicle driving license and professional qualification, are legally employed by the shuttle bus passenger transport operators, and the vehicles have the valid road transport license Insure carrier's liability insurance as required.

Article 63 If a regular bus passenger transport operator carries out customized passenger transport, it shall file with the original licensing authority and provide the following materials:

(1) Customized service information form for shuttle bus passenger transport (see Annex 12);

(2) Cooperation agreement or relevant certificates signed with the network platform.

If the network platform is self operated by the shuttle bus passenger transport operator, it is exempted from submitting the materials in Item (2) of the preceding paragraph.

In case of any change in the information recorded in the regular bus passenger transport customized service information form, the regular bus passenger transport operator shall re record.

Article 64 the operator of regular bus passenger transport shall paste the "customized passenger transport" sign at the prominent position of the regular bus passenger transport sign carried by the customized passenger transport vehicle (see Annex 7).

Article 65 the operators of regular bus passenger transport may decide on their own to customize the daily departure frequency of passenger transport.

On the premise of complying with relevant laws and regulations on road traffic safety and urban management, customized passenger vehicles can stop according to the needs of passengers in urban areas and county towns where the road passenger transport line starts and ends and stops halfway.

The network platform shall not carry out customized passenger transport services beyond the scope permitted by the regular bus passenger transport operator.

Article 66 the operator of regular bus passenger transport shall equip the customized passenger transport vehicle with portable security inspection equipment, and the driver or other staff shall conduct security inspection on passengers' luggage and articles.

Article 67 the network platform shall provide passengers with vehicle information such as shuttle bus passenger transport operator, contact information, vehicle brand and number plate, as well as the place and time of boarding, and ensure that the published operators, vehicles and drivers providing services are consistent with the operators, vehicles and drivers actually providing services.

If customized passenger transport is carried out on passenger transport lines under real name system management, bus passenger transport operators and network platforms shall implement the relevant requirements of real name system management. The network platform shall take security protection measures to properly preserve the collected personal information and generated business data. The retention period shall not be less than 3 years, and shall not be used for businesses other than customized passenger transport.

The network platform shall truthfully provide the operator, vehicle and driver information and relevant business data it accesses in accordance with the requirements of the road transportation management organization.

Article 68 If the network platform finds that the vehicle has illegal acts such as speeding, driver fatigue driving, failure to drive according to the specified line, it shall timely notify the shuttle bus passenger transport operator. The operator of regular bus passenger transport shall correct it in time.

If the network platform uses non-conforming operators, vehicles or drivers to carry out customized passenger transport, resulting in the infringement of the legitimate rights and interests of passengers, it shall bear corresponding responsibilities according to law.

Chapter V operation of passenger station

Article 69 the operator of a passenger station shall engage in the business activities of the passenger station in accordance with the licensing matters determined by the road transport administrative authority, and shall not transfer or lease the business license of the passenger station, nor change the basic purpose and service function of the passenger station.

The operator of a passenger station shall maintain various facilities and equipment to maintain their normal use.

Article 70 the operator of a passenger station and the operator of passenger transport entering and departing shall voluntarily sign a service contract according to law, and both parties shall perform their respective rights and obligations in accordance with the provisions of the contract.

Article 71 the operator of a passenger station shall strengthen safety management according to law, improve the conditions for safe production, and improve and implement the responsibility system for safe production.

The operator of the passenger station shall conduct safety inspection on the outgoing passenger cars, take measures to prevent prohibited articles from entering the station and boarding, sell tickets according to the approved passenger carrying limit of the vehicles, and prohibit overloaded vehicles or vehicles without safety inspection from leaving the station, so as to ensure safe production.

Article 72 the operator of a passenger station shall access the basic information such as passenger lines and shifts to the provincial road passenger transport online ticketing system.

Encourage operators of passenger stations to provide passengers with diversified ticketing services such as online ticketing and self-service terminal ticketing. Encourage the promotion and application of e-ticket in road passenger transport industry.

Article 73 the operators of passenger stations are encouraged to set up stops at the main passing places of passenger routes in the urban areas of the city where the passenger station is located and the urban areas of the county, so as to provide fare collection, baggage and article safety inspection and operating bus stop services.

If a passenger station operator establishes a stop, it shall file with the original licensing authority and publicize the road transportation operation license and other information of the passenger station at a prominent position of the stop.

Article 74 the operator of a passenger station shall prohibit vehicles operating without a license from entering the station to engage in business activities, and shall not refuse legal passenger vehicles to enter the station without justified reasons.

The operator of a passenger station shall adhere to the principles of fairness and impartiality, reasonably arrange the departure time and sell tickets fairly.

In case of any dispute over the departure time arrangement between passenger transport operators and the coordination of passenger station operators is invalid, it shall be ruled by the local road transport administration at or above the county level.

Article 75 the operator of a passenger station shall publish the type and grade of passenger cars entering the station, transportation lines, passenger allocation stations, shifts, departure time, ticket prices and other information, dispatch vehicles to enter the station and depart, divert passengers and maintain order.

Article 76 the operator of inbound passenger transport shall prepare relevant certificates 30 minutes before departure, enter the station and depart on time; If the inbound passenger transport operator is unable to leave the shift for some reason, it shall inform the passenger transport station operator 1 day in advance, and both parties shall negotiate to dispatch vehicles for shift.

The operator of the passenger station shall report to the local road transport administration for the incoming bus that stops for more than 7 days without reason.

Article 77 the operator of a passenger station shall set up service facilities such as passenger ticket purchase, waiting, boarding instructions, luggage storage and consignment, public health, etc., provide priority ticket purchase and boarding services for military personnel and fire rescue personnel in accordance with relevant regulations, establish special passenger service guarantee systems such as old, young, sick, disabled and pregnant, provide safe, convenient and high-quality services to passengers, and strengthen publicity, Keep the station clean and hygienic.

Without changing the basic service functions of the passenger station, the operator of the passenger station can expand the service functions such as tourism distribution, postal service and logistics according to the changes of passenger flow and market needs.

Operators of passenger stations engaged in the business activities mentioned in the preceding paragraph shall abide by the provisions of corresponding laws and administrative regulations.

Article 78 the operator of a passenger station shall strictly implement the provisions on price management, publicize the charging items and standards in the business premises, and prohibit arbitrary charging.

Article 79 the operator of a passenger station shall load, unload, store and keep luggage and bags in accordance with the prescribed business operation procedures.

Article 80 the operator of a passenger station shall formulate an emergency plan for emergencies. The emergency plan shall include reporting procedures, emergency command, reserve of emergency equipment and disposal measures.

Article 81 the operator of a passenger station shall establish and improve various accounts and archives, and submit relevant information as required.

Chapter VI Supervision and inspection

Article 82 road transport administrative agencies at or above the county level shall strengthen the supervision and inspection of road passenger transport and the business activities of passenger transport stations.

The staff of road transport administrative agencies at or above the county level shall, in principle, conduct supervision and inspection by randomly selecting inspection objects and randomly selecting law enforcement inspectors in strict accordance with the statutory duties, powers and procedures, and the results of supervision and inspection shall be announced to the public in a timely manner.

Article 83 road transport administrative agencies at or above the county level shall examine passenger vehicles once a year. The verification contents include:

(1) Vehicle violation records;

(2) Vehicle technical grade evaluation;

(3) Vehicle type and grade evaluation;

(4) Installation and use of standard satellite positioning devices with driving recording function according to regulations;

(5) Passenger transport operators' insurance of carrier liability insurance for passenger transport vehicles.

If the inspection meets the requirements, the road transportation management organization shall indicate it in the road transportation certificate; If it fails to meet the requirements, it shall be ordered to make corrections within a time limit or go through the formalities for change.

Article 84 road transport administrative agencies and their staff shall focus on supervising and inspecting the business activities of road passenger transport and passenger stations in passenger stations and passenger distribution centers. In addition, supervision and inspection can be carried out at highway intersections according to management needs, but normal road transport vehicles shall not be intercepted at will, and vehicles shall not be intercepted in both directions for inspection.

Article 85 when carrying out supervision and inspection, the staff of road transport administrative agencies shall have more than two personnel to participate in and show the parties legal and valid transportation administrative law enforcement certificates.

Article 86 staff members of road transport administrative agencies may obtain information from the units and individuals under investigation, consult and copy relevant materials, but shall keep the business secrets of the units and individuals under investigation.

The units and individuals subject to supervision and inspection shall accept the supervision and inspection carried out by the road transport administration and its staff according to law, and truthfully provide relevant materials or explanations.

Article 87 in the process of supervision and inspection of road transportation, if the staff of the road transportation management organization finds that the passenger vehicles are overloaded, they shall immediately stop it, hand it over to the relevant departments for treatment, and take corresponding measures to arrange passengers to change trains.

Article 88 the road transport administrative agencies at or above the county level shall inspect the performance of the promises made by the passenger transport operators to input vehicles, hire drivers and enter the station.

If a passenger transport operator fails to implement the commitment to put vehicles into operation or to hire drivers in accordance with the licensing requirements, the original licensing authority may revoke the corresponding administrative licensing decision according to law; If the operator of regular bus passenger transport fails to provide the arrival agreement according to the licensing requirements, the original licensing authority shall order it to make rectification within a time limit. If it refuses to make rectification, it may revoke the corresponding administrative licensing decision according to law.

The original licensing authority shall verify the notification and commitment of the passenger station operator within 60 days after obtaining the business license. The operator of a passenger station shall provide relevant supporting materials as required. If the promises made by the operator of the passenger station are inconsistent with the actual situation, the original licensing authority shall order rectification within a time limit; If it refuses to rectify or fails to meet the requirements after rectification, the original licensing authority may revoke the corresponding administrative licensing decision according to law.

Article 89 if a passenger transport operator illegally engages in business activities outside the jurisdiction of the licensed road transport administrative agency, the road transport administrative agency in the place where the illegal act occurs shall record the illegal facts and punishment results of the party concerned on the road transport license according to law, and copy to the road transport administrative agency that issued the road passenger transport operation license.

Article 90 If a passenger transport operator refuses to comply with the administrative punishment decision made by the road transport administration at or above the county level, the road transport administration that made the administrative punishment decision may copy the fact of its refusal to comply with the administrative punishment decision to the tunnel transport administration where the illegal vehicle is registered, As an important basis for passing the annual vehicle inspection and determining the quality reputation assessment results.

Article 91 during the implementation of Road Transport Supervision and inspection, the staff of road transport management institutions may temporarily detain the passenger vehicles without legal and valid Road Transport Certificate and other valid certificates on the spot, and issue the temporary detention certificate of road transport vehicles (see Annex 14). The temporarily detained vehicles shall be properly kept and shall not be used, No storage fee may be charged or collected in a disguised form.

The illegal party shall accept the handling at the designated place within the time specified in the temporary detention certificate. If it fails to accept the punishment within the time limit, the road transport administrative agency may make a punishment decision according to law and serve the punishment decision on the party concerned. If the party concerned fails to implement the punishment decision within the time limit without justified reasons, the road transport administration institution may apply to the people's court for compulsory execution.

Article 92 the road transport management institution shall truthfully record the illegal acts of road passenger transport operators, passenger station operators, network platforms and employees in the road transport administration management information system, and incorporate the illegal acts into the relevant credit information sharing platform in accordance with relevant provisions.

Chapter VII Legal Liability

Article 93 those who violate these provisions and commit any of the following acts shall be ordered to stop their operation by the road transport administration at or above the county level; If there are illegal gains, the illegal gains shall be confiscated and a fine of not less than 2 times but not more than 10 times the illegal gains shall be imposed; If there is no illegal income or the illegal income is less than 20000 yuan, a fine of not less than 30000 yuan but not more than 100000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Engaging in the operation of road passenger transport without obtaining the operation license of road passenger transport;

(2) Engaging in the operation of regular bus passenger transport without obtaining the operation license of road passenger transport lines;

(3) Engaging in road passenger transport business by using invalid, forged, altered or cancelled road passenger transport licenses;

(4) Engaging in road passenger transport beyond the permitted items.

Article 94 those who violate these provisions and commit any of the following acts shall be ordered to stop their operation by the road transport administration at or above the county level; If there are illegal gains, the illegal gains shall be confiscated and a fine of not less than 2 times but not more than 10 times the illegal gains shall be imposed; If there is no illegal income or the illegal income is less than 10000 yuan, a fine of not less than 20000 yuan but not more than 50000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Engaging in the operation of passenger stations without obtaining the operation license of passenger stations;

(2) Using invalid, forged, altered, cancelled and other invalid passenger station licenses to engage in passenger station operation;

(3) Engaging in the operation of passenger stations beyond the permitted items.

Article 95 If, in violation of these Provisions, a passenger transport operator or a passenger station operator illegally transfers or leases a road transport business license, the road transport administrative authority at or above the county level shall order it to stop the illegal act, confiscate the relevant certificates and impose a fine of not less than 2000 yuan but not more than 10000 yuan; If there are illegal gains, the illegal gains shall be confiscated.

Article 96 If a passenger transport operator violates these provisions and commits any of the following acts, the road transport administration at or above the county level shall order it to apply for insurance within a time limit; If the applicant refuses to apply for insurance, the original licensing authority shall revoke the corresponding license:

(1) Failing to take out carrier's liability insurance for passengers;

(2) Failing to insure in accordance with the minimum insurance limit;

(3) The carrier's liability insurance has expired and has not been continued.

Article 97 if, in violation of these Provisions, a passenger transport operator uses a vehicle without a legal and valid road transport license to participate in passenger transport operation, or employs a driver without professional qualification to participate in passenger transport operation, the road transport administrative agency at or above the county level shall order it to make corrections and impose a fine of not less than 3000 yuan but not more than 10000 yuan.

If, in violation of these Provisions, a passenger transport operator fails to carry the road transport certificate with the vehicle in accordance with the provisions, the road transport administrative authority at or above the county level shall order it to make corrections and impose a warning or a fine of not less than 20 yuan but not more than 200 yuan.

Article 98 if, in violation of these Provisions, a passenger transport operator or its entrusted ticket selling unit or passenger station operator fails to use special tickets for the road transport industry or transfers, resells or forges special tickets for the road transport industry in accordance with the provisions, the road transport administrative authority at or above the county level shall order it to make corrections and impose a fine of not less than 1000 yuan but not more than 3000 yuan.

Article 99 If the operators of class I and class II passenger transport lines or the ticket selling units entrusted by them or the operators of passenger stations fail to check the identity of passengers in accordance with the provisions, or provide services to passengers whose identity is unknown or who refuse to provide identity information, the road transport administrative agency at or above the county level shall impose a fine of not less than 100000 yuan but not more than 500000 yuan, And impose a fine of less than 100000 yuan on the persons directly in charge and other persons directly responsible; If the circumstances are serious, the road transport administration at or above the county level shall order it to stop engaging in relevant road passenger transport or passenger station business; If serious consequences are caused, the original licensing authority shall revoke the business license of road passenger transport or passenger station.

Article 100 if a passenger transport operator violates these provisions and is under any of the following circumstances, the road transport administration at or above the county level shall order it to make corrections and impose a fine of not less than 1000 yuan but not more than 3000 yuan:

(1) The passenger shuttle bus does not stop at the approved passenger distribution station or does not run according to the specified line and the lower limit of daily departure frequency;

(2) Overtime trains, top buses and shuttle buses do not operate according to the specified lines and stations without justified reasons;

(3) Soliciting passengers by deception or violence;

(4) Transferring passengers to others for transportation without authorization;

(5) Changing the transport vehicle without authorization during passenger transportation;

(6) Terminating the operation of road passenger transport without reporting to the original licensing authority;

(7) If a passenger charter does not operate with a valid charter passenger transport sign, does not operate in accordance with the matters specified on the charter passenger transport sign, and neither end of the line is located in the place of vehicle registration, soliciting passengers other than those under the charter contract;

(8) Carrying out customized passenger transport without filing as required;

(9) Failing to inform passengers of safety matters before departure as required.

If the violation of items (1) to (6) of the preceding paragraph is serious, the original licensing authority shall revoke the corresponding license.

Article 101 if, in violation of these Provisions, passenger transport operators and passenger station operators have major potential transportation safety hazards, resulting in failure to meet the conditions for safe production, and still do not meet the conditions for safe production after suspension of production and business for rectification, the road transport administration at or above the county level shall cancel the corresponding license according to law.

Article 102 if the operator of a passenger station violates these provisions and is under any of the following circumstances, the road transportation administration at or above the county level shall order him to make corrections and impose a fine of not less than 10000 yuan but not more than 30000 yuan:

(1) Allowing vehicles without business certificates to enter the station to engage in business activities;

(2) Allowing overloaded vehicles to leave the station;

(3) Allowing vehicles without safety inspection or unqualified safety inspection to start;

(4) Refusing passenger vehicles to enter the station for business activities without justified reasons;

(5) The established stop is not filed in accordance with the provisions.

Article 103 if the operator of a passenger station violates these provisions and is under any of the following circumstances, the road transportation administration at or above the county level shall order him to make corrections; Those who refuse to make corrections shall be fined 3000 yuan; If there are illegal gains, the illegal gains shall be confiscated:

(1) Changing the purpose and service function of the passenger station without authorization;

(2) The transportation route, passenger allocation Station, frequency, departure time and ticket price are not announced.

Article 104 in case of any of the following circumstances of the network platform in violation of these Provisions, the road transportation administration at or above the county level shall order it to make corrections and impose a fine of not less than 3000 yuan but not more than 10000 yuan:

(1) The published service shuttle bus passenger transport operator is inconsistent with the actual service shuttle bus passenger transport operator;

(2) The released service vehicle is inconsistent with the actual service vehicle;

(3) The published service drivers are inconsistent with the actual service drivers;

(4) Carrying out customized passenger transport beyond the scope permitted by regular bus passenger transport operators.

If the network platform accesses or uses non-conforming shuttle bus passenger transport operators, vehicles or drivers to carry out customized passenger transport, the road transport administration at or above the county level shall order it to make corrections and impose a fine of not less than 10000 yuan but not more than 30000 yuan.

Chapter VIII supplementary provisions

Article 105 the term "rural road passenger transport" as mentioned in these Provisions refers to the passenger transport within the county-level administrative areas or between adjacent counties, with at least one end of the origin and destination in the countryside and mainly serving rural residents.

Article 106 the administration of taxi passenger transport and urban bus passenger transport shall be implemented in accordance with the relevant provisions of the state.

Article 107 when engaging in the business activities of international road passenger transport, passenger transport operators shall not only abide by these Provisions, but also apply the provisions on the administration of international road transport formulated by the Ministry of transport.

Article 108 the road transport management agency may charge the cost of production for the road transport business license and road transport license issued in accordance with these provisions. The specific charging standard of production cost shall be determined by the competent financial and price departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government in conjunction with the competent transportation departments at the same level.

Article 109 Where the reform of public institutions that undertake administrative functions has been completed, the competent department of transportation shall undertake the relevant administrative functions of the road transportation management institutions in these provisions; If the reform of comprehensive administrative law enforcement has been completed, the comprehensive law enforcement agency of transportation shall assume the function of road transportation administrative law enforcement.

Article 110 these Provisions shall enter into force as of September 1, 2020. Regulations on the administration of road passenger transport and passenger stations promulgated by order No. 10 of the Ministry of transport on July 12, 2005, decision on Amending the regulations on the administration of road passenger transport and passenger stations promulgated by order No. 10 of the Ministry of transport on July 23, 2008, and order No. 4 of the Ministry of transport on April 20, 2009 The decision on Amending the regulations on the administration of road passenger transport and passenger stations, the decision on Amending the regulations on the administration of road passenger transport and passenger stations promulgated by order No. 2 of the Ministry of transport on March 14, 2012, and the decision on Amending the regulations on the administration of road passenger transport and passenger stations promulgated by order No. 8 of the Ministry of transport on December 11, 2012 The decision on Amending the regulations on the management of road passenger transport and passenger stations promulgated by order No. 34 of 2016 of the Ministry of transport on April 11, 2016 and the decision on Amending the regulations on the management of road passenger transport and passenger stations promulgated by order No. 82 of 2016 of the Ministry of transport on December 6, 2016 shall be repealed at the same time.

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