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Interim Measures of Guangzhou Municipality for the Management of Car-hailing Service

2024-04-10 11:08
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  (Issued on November 28, 2016 in accordance with Decree No. 144 of the People’s Government of Guangzhou Municipality and amended on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)

  Chapter I     General Provisions

  Article 1     These Measures are formulated pursuant to relevant national regulations, on the basis of the actual conditions of this Municipality and with a view to better meeting the diversified traveling needs of the public, standardizing online car-hailing service, and safeguarding operation safety and legal rights and interests of all parties concerned.

  Article 2     The term “car-hailing service” herein (hereinafter referred to as “CHS”) refers to business activities of building service platforms with Internet technologies to integrate supply and demand information and engaging qualified vehicles and drivers to provide car-hailing services with non-cruising vehicles.

  The term “car-hailing service operators” herein (hereinafter referred to as “CHS platform companies”) refers to the business corporations that build online service platforms to engage in CHS.

  Article 3     These Measures are applicable to CHS operation within the administrative areas of this Municipality and the supervision and management of such an operation.

  Article 4     This Municipality develops urban public transit with priority, develops taxi moderately, and develops CHS on the principle of high-quality service, differential operation and standardized management.

  Market-based prices shall be used for CHS operation. And the municipal people’s government may apply government-directed prices according to law when necessary.

  Article 5     The municipal transportation administration authority, which is in charge of CHS in this Municipality, shall be responsible for managing CHS operation in this Municipality and for organizing the implementation of these Measures. The municipal urban passenger transport management agency shall bear concrete responsibilities for daily management of CHS operation in this Municipality, and shall directly supervise the CHS operation activities in Yuexiu District, Haizhu District, Liwan District, Tianhe District, Baiyun District and Huangpu District.

  The transportation administration authorities of Huadu District, Panyu District, Nansha District, Conghua District and Zengcheng District shall be responsible for daily supervision and management of CHS operation within their jurisdictions.

  The administration authorities in charge of public security, human resource and social security, market regulation, and industry and information technology shall supervise and manage the CHS operation according to their lawful duties.

  Chapter II   Operation Permit

  Article 6     CHS platform companies shall meet the conditions specified in Article 5 of the Interim Measures for the Management of Car-hailing Service and shall obtain CHS operation permit issued by the municipal transportation administration authority.

  Applicants shall submit application documents and information for the CHS operation permit according to Article 6 of the Interim Measures for the Management of Car-hailing Service. Where its registered office is not within the administrative areas of this Municipality, the applicant shall even submit a photocopy of the CHS operation permit issued by the taxi administration management authority of the place where its registered office is located, together with the appraisal results of online service capacity issued by provincial transportation authority of the place where its registered office is located.

  Article 7     The municipal transportation administration authority shall decide whether to issue the permit or not within a specified period. Where the applicants meet the conditions specified in Article 6 herein and are permitted, the municipal transportation administration authority shall issue a CHS operation permit to them, and clearly indicate in the permit that the business scope is passenger transport with CHS, the operation area is the administrative areas of this Municipality, and the effective term is 5 years; where the applicants do not meet the specified conditions, the municipal transportation administration authority shall issue letters of the decision on not approving the administrative license.

  The permittee may apply to the municipal transportation administration authority for renewal of their CHS permit 30 days prior to the expiration of effective terms of the permit, and the municipal transportation administration authority shall decide whether to renew the permit or not before the expiration of the effective terms of the permit according to Article 6 herein. Where the municipal transportation administration authority fails to make decisions within the specified period, it shall be deemed that it has approved the renewal application.

  Article 8     Vehicles to be used for CHS operation shall meet the following conditions:

  (1) The conditions specified in Article 12 of the Interim Measures for the Management of Car-hailing Service.

  (2) The vehicle conforms to the relevant national, provincial and municipal specifications on environmental protection and energy conservation. And the specific technical standards shall be formulated separately by the municipal transportation administration authority;

  (3) The road-worthiness certificate issued by the public security traffic management authority of this Municipality has been obtained, and the time interval between the initial issuance of the road-worthiness certificate and the application for CHS transport license shall be less than 1 year.

  (4) The CHS shall not have the same or similar apparent colors or vehicle logos as cruising taxies, and shall not install any taxi lamp, top lamp, or other devices that can be used exclusively by cruising taxis.

  (5) The GPS systems equipped on the CHS shall be connected to the government supervision platforms according to the technical requirements of such platforms to realize real-time data sharing.

  (6) The nature of vehicle use shall be registered as “passenger transport with booking taxi”.

  Article 9     Owners of vehicles to be used for CHS operation shall meet the following conditions:

  (1) Where the owners are corporate enterprises, they shall have no significant safety production accident over the past 1 year.

  (2) Where the owners are individuals, they shall have obtained qualifications for CHS drivers from relevant authorities of this Municipality and have no in-use CHS under their names, and have not been ranked below A in CHS driver service quality and credit appraisals over the past 3 years.

  Article 10   For vehicles used for CHS operation, CHS transport licenses shall be obtained. When applying for such licenses, the following documents shall be submitted to the municipal transportation administration authority:

  (1) Application form for CHS transport license.

  (2) In the case of vehicles that have been registered at the public security traffic management authority of this Municipality, copies of the road-worthiness certificates and the vehicle registration certificates shall be provided; in the case of vehicles that have not been registered at the public security traffic management authority of this Municipality, source certification, certificate of conformity or certificate of import and other certification documents required by Item (2) of Article 8 herein shall be provided.

  (3) Two colored photos of each vehicle and such photos in electronic form.

  (4) Where the vehicle owner is a corporate enterprise, photocopy of identity certification of the handling persons, photocopy of the business license of the corporate enterprise (or business license in the case of a branch of a corporate enterprise), and statement of no significant safety production accident in the last 1 year shall be provided.

  (5) Where the vehicle owner is an individual, photocopy of identity certification of the owner and photocopy of CHS driver certificate issued by this Municipality shall be provided.

  (6) Where vehicle owners entrust the CHS platform companies to apply for the licenses on behalf of them, the letter of entrustment shall be provided.

  The applicants shall provide originals of relevant certificates for examination.

  Article 11    After receiving the applications, the municipal transportation administration authority shall examine the application materials, and issue CHS transport licenses to the vehicles conforming to the requirements in Article 8 and Article 9 herein. The detailed procedures shall be as follows:

  (1) The municipal transportation administration authority shall examine the conditions of the vehicles to be used as CHS according to the conditions specified in Article 8 and Article 9 herein within 5 business days after receiving applications, submit the information of eligible vehicles to the municipal public security traffic management authority, inform the applicants about the examination results, and issue notices of CHS vehicle examination results.

  (2) For vehicles conforming to relevant conditions, the applicants shall go to the municipal public security traffic management authority with the notices of CHS vehicle examination results within 60 days after receiving such notices to handle vehicle registration or status change procedures. The municipal public security traffic management authority shall, based on information exchange and verification with the municipal transportation administration authority, register or change the status of the vehicles examined by the municipal transportation administration authority as/to “passenger transport with booking taxi” within 5 business days after receiving the application, and feedback relevant information to the municipal transportation administration authority. In the case of status change, it is not necessary to reexamine the vehicles.

  (3) After handling vehicle registration or status change, the applicants shall provide the municipal transportation administration authority with the installation certifications of the GPS system and emergency alarm system. The municipal transportation administration authority shall issue the CHS transport licenses for vehicles whose statuses on the road-worthiness certificates have been registered or changed to “passenger transport with booking taxi” within 5 business days after receiving the installation certifications and receiving the feedback from the municipal public security traffic management authority.

  Article 12   Change of CHS transport licenses shall be handled as follows:

  (1) Where an individual inherits a passenger car registered in this Municipality, such an inheritor may apply to the municipal transportation administration authority for change of CHS transport license after obtaining CHS driver certificate and changing the road-worthiness certificate.

  (2) In the case of combination, splitting or name change of corporate enterprise, the vehicle owner shall apply to the municipal transportation administration authority for change of CHS transport license after changing the road-worthiness certificate.

  (3) The municipal transportation administration authority shall decide either to complete or to reject such a change within 20 business days after receiving the application.

  Article 13   In any of the following circumstances, a CHS vehicle shall quit from CHS operation:

  (1) The actual traveling mileage of the vehicle has reached 600,000 km;

  (2) Although the actual traveling mileage of the vehicle has not reached 600,000km, its service length has reached 8 years;

  (3) In the case of a vehicle owned by a corporate enterprise, the business license of the enterprise has been revoked, withdrawn or canceled; or

  (4) In the case of a vehicle owned by an individual, the CHS driver certificate of the owner is withdrawn or canceled.

  Where a CHS vehicle quits from CHS operation according to the previous paragraph, the municipal transportation administration authority shall cancel its CHS transport license, and cooperate with the municipal public security traffic management authority in changing the nature of the use of the vehicle.

  Article 14   Drivers of CHS shall meet the following conditions and pass the appraisals according to relevant regulations of the Ministry of Transport concerning qualifications of taxi drivers:

  (1) The conditions specified in Article 14 of the Interim Measures for the Management of Car-hailing service;

  (2) They are healthy citizens who have not reached the statutory age of retirement, and who were graduated from junior middle school or above; and

  (3) They have obtained driver licenses for the corresponding class of vehicles issued by the municipal public security traffic management authority.

  Article 15   When applying for CHS driver certificates, the following documents shall be submitted:

  (1) Application form for qualification certificate for taxi driver;

  (2) Photocopies of ID card and driving license;

  (3) Photocopy of diploma of junior middle school graduation or above, or equivalent education;

  (4) Photocopy of physical examination report issued by a Class II Grade A hospital or above within 1 year;

  (5) Commitments on no record of traffic crime, no record of dangerous driving, drug abuse or driving under influence, no record of 12-point deduction over the past three consecutive point recording cycles, and no record of violent crime; and

  (6) Where drivers entrust the CHS platform companies to apply for the certificate on behalf of them, the letter of entrustment shall be provided.

  The applicants shall provide originals of relevant certificates for examination.

  Article 16   The municipal transportation administration authority shall issue a CHS driver certificate to the applicant who meets the conditions specified in Article 14 herein. The certificate remains valid within 3 years thereafter.

  Any driver who has obtained driver qualification for cruising taxi may directly apply for a CHS driver certificate if he/she meets the conditions specified in Article 14 herein, but he/she shall deregister the driver qualification for cruising taxi before the registration as a CHS driver.

  Article 17   After the labor contract or agreements between a CHS driver and a CHS platform company is canceled or terminated, the CHS platform company shall file relevant information with the municipal transportation administration authority for the completion of deregistration, including information on the qualification certificate of the driver, certification for the cancellation or termination of the labor contract or agreements, etc.

  After the deregistration of a CHS driver, the driver shall no longer provide CHS on the former CHS platform.

  Article 18   The municipal transportation administration authority shall establish and improve information sharing and interconnection mechanism with the authorities in charge of public security, human resources and social security, and market regulation and the like, so as to provide convenience for CHS platform companies, CHS vehicles and CHS drivers in permits and licenses handling and to improve the approval efficiency and service level. The authorities shall not require applicants to provide any information that can be obtained through the information-sharing mechanism.

  Chapter III Management of Operation and Service

  Article 19   CHS platform companies shall take the following actions to perform their liabilities as carriers, to ensure operation safety, and to safeguard legal rights and interests of passengers:

  (1) Ensuring safe and stable operation of the online service platform.

  (2) Ensuring good conditions of GPS devices, timely repairing such devices in case of any failure, and guaranteeing the CHS to be resuming with a working GPS device.

  (3) Providing CHS according to relevant agreements, and ensuring the consistency between the online information of vehicles and drivers and the actual conditions.

  (4) Purchasing carrier liability insurance for passengers with a minimum insured amount of RMB 1,000,000, ensuring the CHS vehicles are covered by compulsory traffic liability insurance for operational vehicles, and encouraging CHS vehicle owners to purchase third-party liability insurance and accidental injury insurance for passengers.

  Article 20   CHS platform companies shall not commit any of the following acts:

  (1) Releasing other booking information to CHS vehicles that are carrying passengers so that the driving safety may be endangered;

  (2) Allowing vehicles that have not received CHS transport licenses to provide CHS either in normal form or in disguised form, including displaying or pushing vehicle information on client terminal of passengers or pushing CHS information to vehicles;

  (3) Infringing upon the legal rights and interests of passengers or common interests of the public by virtue of advantageous market position; or

  (4) Other acts that endanger operation safety or prejudice the legal rights and interests of passengers.

  Article 21   CHS platform companies shall connect relevant operation equipment and databases to government supervision platforms, and report the following information to the government supervision platforms.

  (1) They shall share on a real-time basis the information on service vehicles, drivers and the correspondence between vehicles and drivers with the government supervision platforms, and receive management information fed back from regulatory authorities.

  (2) They shall ensure the data of GPS equipment of the vehicles are communicated to the government supervision platforms. The detailed measures in this aspect shall be worked out additionally by the municipal transportation administration authority.

  (3) They shall report vehicle-related information, including technical conditions of vehicles, safety performance of vehicles, and vehicle insurance information.

  (4) They shall report driver related information, including information on labor contract or agreements, pre-job training, and daily education.

  CHS platform companies shall accept the supervision and management by the transportation administration authority and the municipal urban passenger transport management authority.

  Article 22   CHS platform companies shall sign labor contracts or agreements with drivers to clarify the rights and obligations of both parties. For drivers who have entered into labor relationships with other employers, CHS platform companies shall sign labor contracts or agreements with them based on negotiation; for drivers who have not entered into labor relationships with other employers, CHS platform companies shall sign labor contracts with them according to law.

  CHS platform companies shall not evade their responsibilities and liabilities as carrier through the labor contracts or agreements signed with the drivers, and shall not transfer the operational risks to drivers by collecting high-risk deposits or any other means.

  Article 23   CHS platform companies shall strengthen the safety management of CHS vehicles and drivers, urge the drivers to test the safety performance of the vehicles according to relevant regulations, and regularly organize education on safe driving for the drivers.

  In any of the following circumstances, CHS platform companies shall immediately stop the services of the CHS vehicle or driver concerned, and shall not resume the services until the disappearance of such circumstances:

  (1) There are 3 or more cases of traffic violation of the CHS vehicle that have not been disposed of, or there are 3 or more cases of traffic violation of the CHS driver that has not been punished;

  (2) The driving license of the CHS driver is seized or temporarily seized according to law, or the driver has 12 points deducted within one point recording cycle;

  (3) The driving license of the CHS driver is lost, damaged or expired; or

  (4) Any circumstances where personal safety of passengers or public safety may be endangered.

  Article 24   CHS platform companies shall set clear service quality standards, and publicize their telephone numbers for complaint or other complaint channels and the time limit for complaint handling. CHS platform companies shall deal with passenger complaints in a timely manner, inform the complaining passengers about the disposal results within the specified period, establish a complaint disposal file system, and accept the random inspection and audit organized by the transportation administration authority and the municipal urban passenger transport management authority.

  Where the passengers are unsatisfied with the complaint disposal results or receive no disposal result within the specified period, they may lodge complaints to the transportation administration authority and the municipal urban passenger transport management authority.

  Article 25   CHS platform companies shall determine reasonable CHS levels and structures of the CHS, and announce the charging criterions and service prices on their websites and client terminals of passengers clearly according to the relevant stipulation of marked price.

  Article 26   CHS platform companies shall confirm with passengers the rights and obligations of both parties by such means as electrical service agreements and the like before providing CHS. The service agreements between the CHS platform companies and the passengers shall clearly specify the obligations of CHS platform companies in respect of transport service, safety management, personal information protection of users, etc. For vehicles displayed on client terminals of passengers, CHS platform companies shall ensure that complete plate numbers of vehicles can be displayed or the passengers can obtain complete plate numbers through inquiry, and shall not hide plate numbers of vehicles by any means.

  When providing CHS, CHS platform companies shall provide the passengers with such information as names of drivers, photos of drivers, numbers of CHS driver certificates, names of service companies, mobile phone numbers of drivers, service appraisal results, and plate numbers, etc. After the completion of services, CHS platform companies shall issue taxi invoices of this Municipality to the passengers. Where the passengers specify the place of departure and the destination at the time of booking, the CHS platform companies shall estimate the fare and inform the passengers of such a fare.

  Article 27   Where the vehicles under the management of taxi operators are connected to online service platforms of CHS platform companies, the taxi operators shall sign agreements with the CHS platform companies to clarify their rights and obligations in daily management of vehicles and drivers and to safeguard the legal rights and interests of passengers and drivers, but the responsibilities of CHS platform companies as carriers shall not be reduced or exempted by any means.

  Article 28   In addition to the regulations of the Interim Measures for the Management of Car-hailing Service, CHS drivers shall also comply with the following requirements:

  (1) They shall provide CHS under permitted CHS platform companies.

  (2) They shall use online service platforms and related operation and supervision equipment to provide CHS normatively, and actively keep the operation and supervision equipment such as GPS devices and the like in good condition; they shall not damage or alter such equipment, and shall not, in case of any fault or failure of such equipment, provide services until the fault or failure is solved.

  (3) They shall bring their CHS transport license and CHS driver certificate during service.

  (4) They shall travel along reasonable routes or the routes specified by the passengers, and shall not leave the passengers midway or intentionally choose farther routes.

  (5) They shall not hand over their vehicles to any persons who have not obtained CHS qualification, and shall not lend their own CHS vehicles to the others for operation.

  (6) They shall not attract passengers by cruising.

  (7) They shall not enter special passenger waiting channels or stations set for cruising taxis to wait for or attract passengers.

  (8) They shall not accept other booking when they are providing services to some passengers.

  (9) They shall charge according to agreed standards and manners, and shall not collect irregular charges from passengers.

  (10)      They shall actively remind passengers of their belongings, and return any lost belongings to the passengers; where it is impossible to return, they shall timely submit such items to the public security organs either by themselves or through the CHS platform companies.

  (11)      They shall not result in any retaliation against any passengers who have complained against their service quality or made low appraisal to their service quality.

  (12)      They shall accept the supervision and management by the transportation administration authority and the municipal urban passenger transport management authority.

  (13)      Other obligations specified by relevant laws and regulations.

  Article 29   Passengers of CHS shall comply with the following rules and regulations:

  (1) They shall not bring forward requirements to the drivers that do not conform to traffic safety rules and regulations.

  (2) They shall not bring controlled apparatuses or explosive, inflammable, toxic, radioactive, corrosive or other hazardous items.

  (3) They shall pay fares according to agreed standards and manners.

  (4) They shall not smoke, spit or litter in the vehicles, or damage the devices and equipment on the vehicles.

  Chapter IV  Supervision and Management

  Article 30   The municipal transportation administration authority shall establish and improve government supervision platforms, and realize sharing of information between such platforms and the CHS platforms, including basic information of vehicles and drivers, vehicle track information, order information (excluding personal information of passengers), service quality information, passenger appraisal information, passenger complaint disposal information, etc.

  Article 31   The municipal urban passenger transport management authority shall regularly organize CHS quality appraisal and assessment of service quality and credit of CHS drivers, and timely publicize such information as basic information of CHS platform companies, service quality appraisal results, and passenger complaint disposal information and the like. The detailed appraisal and assessment measures in this aspect shall be worked out additionally by the municipal transportation administration authority.

  Article 32   The municipal transportation administration authority has the right to access and consult the registration, operation and transaction information and data of CHS platform companies within their jurisdictions; they may collect evidences by accessing such information and traffic monitoring data.

  Article 33   The municipal transportation administration authority shall implement accumulative points system for law and regulation violating acts of CHS drivers. The detailed measures in this aspect shall be worked out additionally by the municipal transportation administration authority.

  Article 34   The transportation administration authority shall establish passenger and driver complaint accepting systems, announce the telephone numbers, postal boxes or email addresses for complaint receiving, and accept complaint and supervision.

  When lodging complaints to the transportation administration authority and the municipal urban passenger transport management authority, passengers shall provide the following information:

  (1) Name and contact information of the complainant;

  (2) Plate number of the CHS vehicle or qualification certificate information of the driver to be complained against;

  (3) Such evidences as special bills of CHS; and

  (4) Facts and claims.

  Article 35   The administration authorities in charge of transportation, public security, human resources and social security, market supervision and regulation, and industry and information technology shall create credit records of CHS platform companies and drivers according to their duties to integrate such records into the municipal public credit information management system, the national credit information sharing platform and the national enterprise credit information publicity system through the municipal government information-sharing platform; in addition, these authorities shall publicize the credit information of CHS platform companies, such as information on administrative licensing and punishment, on the portal websites of the authorities that made the administrative decisions, the “Credit Guangzhou” website and the national enterprise credit information publicity system.

  Article 36   The municipal taxicab association may promote the application of credit information of this trade relying on the municipal public credit information management system, establish a bad credit list management system for CHS platform companies and drivers, strengthen self-discipline of this trade, and accelerate sound development of this trade.

  Chapter V Legal Liabilities

  Article 37   Where any CHS platform companies breach Item (2) of Article 20 herein by allowing vehicles that have not received CHS transport licenses to provide CHS either in normal form or in disguised form, the municipal transportation administration authority shall order them to make corrections, and impose a fine of not less than RMB 10,000 but not more than RMB 30,000 in each case.

  Article 38   Where any CHS platform companies breach Article 25 herein by failing to announce the charging criterions and service prices on their websites and client terminals of passengers according to relevant regulations, the administration for market regulation shall punish them according to relevant laws and regulations including the Price Law of the People’s Republic of China.

  Article 39   Where any CHS platform companies breach Article 26 herein by failing to display or hiding plate numbers of vehicles on client terminals of passengers, the transportation administration authority shall order them to make corrections, and impose a fine of RMB 5,000 in each case.

  Article 40   Where any CHS drivers breach Article 28 herein by committing any of the following acts, the transportation administration authority shall punish them according to Article 42 of the Rules on the Management of Qualifications of Taxi Drivers issued by the Ministry of Transport:

  (1) Damaging or altering the operation and supervision equipment on the vehicles such as GPS devices, or continuing service provision after any fault or failure of such equipment;

  (2) Leaving the passengers midway or intentionally choosing farther routes; or

  (3) Entering special passenger waiting channels or stations set for cruising taxis to wait for or attract passengers.

  Where any CHS drivers breach Item (5) of Article 28 herein by handing over their vehicles to any persons who have not obtained CHS qualification or lending their own CHS vehicles to the others to operate, the transportation administration authority shall order them to make corrections, and impose a fine of RMB 1,000.

  Article 41   Where the authority in charge of transportation, public security, market supervision and regulation, human resources and social security, industry and information technology or its staff member, in violation of the provisions of these Measures, fails to perform its/his/her duties required by law, the competent authority shall order it/him/her to make corrections and impose sanctions on the person in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

  Chapter VI Supplementary Provisions

  Article 42   In the case of application for CHS transport license within 180 days after the date of implementation of these Measures, the prerequisite on vehicle age may be extended to 3 years between the initial issuance of road-worthiness certificate and the date of such application, and the prerequisite on driving range under pure electricity operation for plug-in type (including extended-range type) hybrid vehicles may be eased to not less than 70km; other conditions specified in Article 8 and Article 9 herein shall remain applicable.

  Article 43   This Municipality may, considering comprehensively such factors as population, economic development level, urban traffic conditions and mileage utilization rate of taxis, timely establish dynamic monitoring and adjusting mechanisms for taxis.

  Except for the market regulation against CHS of advanced features, CHS providers are encouraged to provide high-quality and differential services.

  Article 44   The following terms of These Measures have the following meanings:

  (1) “New energy vehicles” refers to purely electricity-powered cars, plug-in hybrid cars, or fuel battery cars imported with the original packaging that is contained in the catalog of recommended vehicle models in the new energy automobile popularization program of the Ministry of Industry and Information Technology and that conform to relevant national regulations.

  (2) “Taxi operators” includes corporate enterprises that provide cruising taxi services and CHS.

  Article 45   These Measures shall come into force as of the date of promulgation.