Laws of the Guangdong Province

Administrative Rules of Shenzhen Economic Special Zone on Vehicles Registered outside Shenzhen Municipality

 (promulgated by Decree 42 of Shenzhen Municipal People' s Government on December 25, 1995; revised by Decree 82 of Shenzhen Municipal People' s Government on January 26, 1999)

Chapter  One   General  Principles

    Article 1   In order to strengthen the administration to the vehicles registered outside Shenzhen, maintain the order of road traffic and transportation market, these Rules are formulated according to the provisions of relevant national laws and regulations, and in combination of the actual circumstances of Shenzhen.

Article 2  The main terms mentioned in these Rules are defined as the followings:

1. the term of "administration to the vehicles registered outside Shenzhen" means the administration to the safety and transportation of vehicles registered outside Shenzhen, and the administration to drivers registered outside Shenzhen;
    2. the term of "vehicles registered outside Shenzhen" means the vehicles which are registered outside Shenzhen but have entered in Shenzhen;

3. the term of "transportation by vehicles registered outside Shenzhen" means the operational activities of transporting passengers or cargos by vehicles registered outside Shenzhen;

4. the term of "drivers registered outside Shenzhen" means the vehicle drivers who drive in Shenzhen but whose driving licenses are not under the administration of Shenzhen;

Article 3  The traffic administrative competent department of public security of Shenzhen shall take charge of the administration to the safety of vehicles registered outside Shenzhen and the administration to drivers registered outside Shenzhen. The administrative competent department of transportation of Shenzhen shall take charge of the administration to the transportation by vehicles registered outside Shenzhen.

Chapter Two   Administration to Drivers and Administration to the Safety of Vehicles

Article 4  The vehicles registered outside Shenzhen shall satisfy the national technical standards for safeguarding the safety of vehicles, and shall be kept clean and in good condition.

Article 5  The following vehicles registered outside Shenzhen are forbidden to drive on any road in Shenzhen except under emergent situations:

1. the vehicle which has no number plate, or whose number plate is too vague to recognize;

2. the vehicle whose licenses and plates are not complete;

3. the vehicle which does not accept the inspection according to regulations or does not pass the inspection;

4. the vehicle which shall be discarded as useless according to national standards;

5. the vehicle used for farming transportation;กกกก

6. the tractor;

7. the tricycle with handgrips;

8. the motorcycle; and

9. the mini microbus and mini truck.

Article 6  No truck which is registered outside Shenzhen and whose loading capacity is more than 1.75 tons may drive on the road with passing limit until it acquires a temporary passport by the freight bill from the traffic administrative department of public security of Shenzhen.

Article 7  If the starting point and end point of a cargo transportation are both in Shenzhen, the truck engaged in the transportation shall get a registration form by the Transportation License of Shenzhen issued by the transportation administrative department of the place where the transportation starts from the traffic police team of the place where the transportation starts, and apply for the Registration Card of Vehicles Registered outside Shenzhen to the administrative department of vehicles.

The Transportation License of Shenzhen and the Registration Card of Vehicles Registered outside Shenzhen shall be always carried with the vehicle.

The vehicle which has the Registration Card of Vehicles Registered outside Shenzhen shall be regarded as the vehicles registered in Shenzhen.

    Article 8   Any unit or individual who wants to lend or rent a vehicle registered outside Shenzhen shall go to the traffic administrative department of public security of Shenzhen for registration.

    Article 9  All drivers registered outside Shenzhen shall abide by the Regulations of the People' s Republic of China on Road Traffic Administration, the Regulations of Guangdong Province on Road Traffic Administration and the relevant regulations of Shenzhen on road traffic administration.

Article 10 The person who is learning driving in another municipality may not drive on any road in Shenzhen except that he is accepting the training of driving long distance.

Article 11 If a driver registered outside Shenzhen wants to engage in cargo transportation or is hired to drive a vehicle in Shenzhen, he shall get a registration form from the traffic police team of his residence place, and apply for the Registration Card of Drivers registered outside Shenzhen to the vehicle administrative department by the filled registration form.

The Registration Card of Drivers registered outside Shenzhen shall always be carried with the driver.

The driver with the Registration Card of Drivers registered outside Shenzhen shall be administered as the driver registered in Shenzhen.

Article 12  If the employer of a vehicle or driver registered outside Shenzhen changes, the changing shall be registered at the vehicle administrative department within 15 days upon the changing date.

Article 13  It is prohibited that a vehicle or a driver registered outside Shenzhen participates in the activity of disturbing public order.

Article 14 No fees may be charged when relevant administrative departments grant the Temporary Passport, the Registration Card of Vehicles Registered outside Shenzhen, the Registration Card of Drivers Registered outside Shenzhen, or the Transportation License of Shenzhen.

Article 15  The Registration Card of Vehicles Registered outside Shenzhen, the Registration Card of Drivers Registered outside Shenzhen, and the Transportation License of Shenzhen shall be checked annually.

No one may apply for check the Registration Card of Vehicles Registered outside Shenzhen, and the Registration Card of Drivers Registered outside Shenzhen until his Transportation License of Shenzhen is checked as qualified.

The certificate which does not pass the annual check shall be taken back by the administrative department granting the certificate. The certificate shall become invalid automatically if it is not checked on due time.

Chapter Three  the Administration on Transportation by Vehicles registered outside Shenzhen

Article 16   Anyone who wants to establish a road operational organization in Shenzhen, such as the ticket office, bus station, cargo agent office and freight station shall get approval from the administrative department of transportation of Shenzhen Municipality, and may not start business until going through the registration formalities by the approval documents at the administrative department for industry and commerce of Shenzhen Municipality and the tax registration formalities at the administrative department of tax of Shenzhen Municipality.

Article 17  Non-operational vehicles registered outside Shenzhen may not engage in any operational transportation in Shenzhen.

If an operational vehicle registered outside Shenzhen wants to engage in operational transportation, the relevant formalities stipulated by these Rules shall be went through.

Article 18  No operational vehicles registered outside Shenzhen may engage in any passenger or cargo transportation whose starting and ending points are both in Shenzhen, except these Rules provide otherwise.

Article 19  Any operational passenger bus or car with less than 16 seats which wants to enter in Shenzhen Special Economic Zone shall acquire the License for Passenger Vehicles Entering Shenzhen and Zhuhai Special Zones

Article 20  Any operational passenger bus with more than 16 seats may not enter in Shenzhen until satisfying the following requirements:

1. the operational passenger bus running at fixed lines shall have the label of transportation line approved and issued by the transportation administrative department of Guangdong Province and the Permission of Pulling in Stations approved and issued by the transportation administrative department of Shenzhen Municipality.

2. the operational passenger bus who provides chartering service or transporting group passengers shall have the label of bus for chartering approved and issued by the transportation administrative department of Guangdong Province.

Article 21   If an operational passenger bus registered outside Shenzhen needs to carry other passengers on its way back after it takes passenger to Shenzhen, it shall carry passengers at the bus station pointed by the transportation administrative department of Shenzhen Municipality.

Article 22  If an operational goods truck registered outside Shenzhen needs to drive in Luohu, Futian or Nanshan District to carry goods without any freight, it shall have the bill of lading or the consignment bill of the goods.

Article 23  If an operational goods truck needs to carry other goods on its way back after it takes goods to Shenzhen, it shall go through relevant formalities at the place pointed by the transportation administrative department of Shenzhen Municipality.

Article 24  Anyone who wants to engage in the cargo transportation which starts and ends in Shenzhen by an operational truck holding the license of another municipality shall apply for the Transportation License of Shenzhen.

The procedures for acquiring the Transportation License of Shenzhen are the followings:

1. firstly, the applicant shall acquire the approval document to the transportation administrative department of the place where the vehicle registers;

2. secondly, the applicant shall apply to the transportation administrative department of the place where the goods transportation starts by the approval documents mentioned above, and the letter of intending to signing a transportation contract with the goods owner in Shenzhen or the operational organization of transportation service;

3. finally, the transportation administrative department which accepts the application shall, according to the demands in cargo transportation market and the circumstances of yards and stations of cargo transportation, decide whether to issue the Transportation License of Shenzhen or not within 15 days upon receiving the applicant, and shall reply to the applicant in writing if it refuses to issue the license.

Article 25  No cargo' s owner or operational organization of providing transportation services in Shenzhen may hire an operational truck or driver registered outside Shenzhen who does not acquire the Transportation License of Shenzhen, and the Registration Certificate of Vehicles Registered outside Shenzhen or the Registration Certificate of Drivers Registered outside Shenzhen according to these Rules.

Article 26  Anyone who wants to engage in transporting mud and mucks by an operational truck registered outside Shenzhen shall apply for the license for transporting mud and mucks to the administrative department of discarding mud and mucks of Shenzhen Municipality, besides acting in consistence with the relevant provisions of these Rules.

Article 27  Anyone who engages in transportation with the Transportation License of Shenzhen by an operational truck registered outside Shenzhen shall pay tax and use the invoice required by the administrative department of tax of Shenzhen Municipality in business activities according to law.

Chapter  Four   Penalty Provisions

Article 28  Anyone who violates the provisions of Chapter Two of these Rules shall be punished by the traffic administrative department of public security of Shenzhen Municipality as traffic violations.

Anyone who violates the provisions of Article 13 of these Regulations shall be punished according to the Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration.

Article 29  Anyone who violates any provisions of Article 16 to 25 of these Rules shall be confiscated his illegal gains by the administrative department of transportation of Shenzhen Municipality, and shall be fined according to the following rules:

1. the violator shall be imposed a fine of 5,000 yuan if he violates the provisions of Article 16, or Paragraph 1 of Article 24 of these Rules;

2. the violator shall be imposed a fine of 1,000 to 1,500 yuan if he violates the provisions of Paragraph 1 of Article 17, or the provisions of Article 25 of these Rules, and shall be imposed a fine of 3,000 yuan if he violates the same provisions again;

3. the violator shall be imposed a fine of 500 to 1,000 yuan if he violates the provisions of Article 18, 19 or 20 of these Rules;

4. the violator shall be imposed a fine of 100 to 500 yuan if he violates the provisions of Article 21 or 23 of these Rules.

Article 30  The administrative department of city of Shenzhen Municipality shall impose penalty to the violator acting against the provisions of Article 26 of these Rules. The administrative department of tax of Shenzhen Municipality shall impose penalty to the violator acting against the provisions of Article 27 of these Rules.

Article 31  Anyone who is not satisfied with the penalty decision made by the municipal competent department may apply for review to the administrative review organ of Shenzhen Municipal People' s Government. Anyone who is not satisfied with the review decision may bring litigation to the people' s court according to law within 15 days upon receiving the review decision. If a party does not apply for review within the time limit or bring litigation before the people' s court, the department making the decision shall apply to the people' s court for coercive execution.

Article 32  If an officer of the traffic administrative department of public security or the administrative department of transportation neglects his duty, abuses his power or plays irregularities for favoritism, he shall be imposed administrative penalty by his unit or the superior department according to its authority on personal administration, and shall be investigated for criminal responsibility by the judicial organ if his act constitutes a crime.

Chapter  Five   Supplementary Provisions

Article 33 These Rules shall be applicable to the vehicles and drivers of the armies and armed police forces which participate in the economic construction of Shenzhen, except that the regulations of the armies and armed police forces provide otherwise.

Article 34  The traffic administrative department of public security of Shenzhen Municipality and the administrative department of transportation of Shenzhen Municipality may make specific implementation rules according to these Rules within their respective functions and duties.