Administrative Regulations of Shenzhen Special Economic Zone on Taxicars

(Originally adopted at the Twenty-seventh Meeting of the Standing Committee of the First Shenzhen Municipal People' s Congress on December 26, 1994. Revised for the first time at the Twenty-eighth Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on December 4, 1998. Revised for the second time at the Second Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on October 24, 2000. Revised for the third time at the Eighteenth Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on October 25, 2002.)

Chapter ¢ñ General Provisions

Article 1 In order to strengthen the operation management of taxicars in Shenzhen Special Economic Zone (hereinafter referred to as "Special Zone" ), promote the healthy development of the taxicar trade, and safeguard the lawful rights and interests of passengers, operators and drivers, these regulations are formulated in accordance with the actual circumstances of Special Zone.

Article 2 These regulations shall be applicable to the operation, lease and management of taxies in Special Zone.

Article 3 "Taxicar" in these regulations refers to the car that has acquired the Operation License according to these regulations, is provided for one driver and no more than four passengers to take, and shall be paid the hire charge by the passengers according to relevant provisions.

Taxicars include distance-charging taxicars, time-charging taxicars and taxicars of the hotel for its own use. Taxicars follow the principle of "Five Unifications" , namely unifications of color, toplight, taximeter, document and contract.

Article 4 The development of the taxicar industry shall be brought into the general programming of city development in Special Zone. The Shenzhen Municipal People' s Government (hereinafter referred to as "municipal government" ) shall implement macro regulation and control to the amount of taxicars, increase the rate of local taxicar drivers gradually, and lead as well as push the scale operation of the taxicar trade according to the need of development of the urban public transport cause.

Article 5 The municipal administrative department of transport (hereinafter referred to as "municipal transport department" ) shall administer according to law, be honest, work hard, conduct fairly and maintain the natural operation order.

The operators and drivers of taxicars shall operate safely, provide service with civility, collect fees reasonably, compete fairly and accept the supervision of the municipal transport department and the public consciously.

Chapter ¢ò Competent Department and Trade Association

Article 6 The municipal transport department is the competent administrative department for taxicar trade in Special Zone, and exercises the following functions and powers:

(1) enacting the development programming of the taxicar trade in Special Zone;

(2) drafting the plan for issuing the Operation License and organizing to implement it after reporting it to the municipal government and obtaining the approval;

(3) checking and issuing the operation permit and license of the taxicar and driver;

(4) drafting the standard of the taxicar' hire charge and its adjustment plan together with the municipal administrative department for price, and proclaiming and implementing them after  reporting them to the municipal government and obtaining the approval;

(5) enacting the standards of the taxicar' operation conditions and examining the taxicar according to these standards;

(6) confirming the waiting station for taxicar together with the municipal administrative department for public security and traffic control;

(7) examining the conditions how operators of the taxicar, drivers, passengers and professional inspection institutions implement these regulations;

(8) accepting the complaints about the behaviors that violate these regulations, as well as investigating and settling them;

(9) directing and supervising the work of trade association of taxicars.

Article 7 The administrative department for public security and traffic control and other relevant governmental departments shall exercise the administrative functions to relevant matters of the taxi trade according to law within the scope of their respective functions and powers.

Article 8 The municipal trade association of taxicars is the non-governmental social organization of the taxicar trade in this city, and performs the following duties according to law:

(1) enacting the professional code of the trade and supervising its members to observe it;

(2) providing services relevant to the business of the trade for members of the association according to the constitution of the association;

(3) educating, supervising and urging the operators and the employees to pay taxes according to relevant provisions;

(4) assisting the competent department to draft the development plan of the taxicar trade;

(5) reporting the opinions and requirements of members of the association to relevant departments of the government;

(6) assisting relevant administrative departments to deal with illegal cases of its members;

(7) completing other work that the competent department entrusts.

Article 9 The municipal transport department shall call a contact meeting of the representatives of the trade association every season to circulate notices of relevant policies of the government and heed the opinions and suggestions of the representatives of the trade association relevant to the government.

Chapter ¢ó Operating License and Its Holder

Article 10 Only after the taxicar has acquired the Operating License, can it be used for hiring business. No car without the Operating License may be used for hiring business.

The Operating License exercises the system of "one license for one car" , and each Operating License shall accord with the number of taxicar plate that it records. The Operating License has the original and the duplicate. The original is held by the operator of the taxicar, and the duplicate is reserved by the municipal transport department for check.

"Operating License" referred to in these regulations means the certificate of operating qualification that the municipal transport department issues to allow undertaking the taxicar business.

        Article 11 The issuance of the Operation License follows the principle of compensated use and public auction.

The time limit of the Operation License that is issued before December 1, 2000 is 50 years. The time limit of the Operation License that is issued after December 1,2000 is stipulated by the municipal government.

The time limit of the Operation License that is acquired before the enforcement of these regulation is calculated from May 1,1995.

The measures of the auction of the Operation License shall be otherwise stipulated by the municipal government.

Article 12 The municipal transport department shall publicize the max quota of the Operation Licenses that are planned to issue and auction every other year, and publicize the number of the auctioned Operation Licenses of such time 60 days before the date of every concrete auction.

Article 13 The bid winner of the Operation License shall pay up the money of the Operation License within 30 days from winning the Operation License and go through the formalities of registration.

After having paid up the money of the Operation License and gone through the formalities of registration according to the preceding paragraph, the bid winner becomes the holder of the Operation License and the owner of the taxicar that the Operation License collocates.

Article 14 The party planning to operate the business of taxicar shall have the following conditions:

(1) being the enterprise for transport that has registered at the municipal administrative department for industry and commerce;

(2) the registered capital being over 10,000,000 yuan;

(3) the operation and management as well as the qualities of the personnel according with the standards and requirements made and publicized by the municipal transport department according to these regulations;

(4) having enough fixed parking lots and spaces;

The holder of the Operation License may transfer the operation right of the Operation License to the operator according with conditions of the preceding paragraph to operate by the means of entrustment, contract, lease, etc. The mandatary, contractor or leasee shall not retransfer the operation right of the Operation License to others except contract or lease it to the drivers of the taxicar.

The driver of the taxicar shall not contract or lease more than two taxicars and shall not retransfer or release the taxicar.

Article 15 The operator shall go to the administrative department for public security and traffic control to go through the registration formalities of cars with the following materials within 90 days from winning the Operation License:

(1) the documents that the municipal transport department approves it to operate the business of taxicars;

(2) the Business License of Enterprise;

(3) the certificate for winning the bidding and the certificate for paying up the money of the Operation License that the municipal transport department has issued;

(4) the materials about the cars.

Article 16 The operator shall handle the Certificate of Road Transport after going through the registration formalities of cars. The municipal transport department shall finish handling the Certificate of Road Transport within 15 days.

The operator shall put the cars into operation within 30 days from finishing the preceding formalities.

Article 17 After the taxicar collocated with the Operation License has been operated for 2 full years, the holder of the Operation License may transfer the Operation License. The concrete measures of transference shall be otherwise stipulated by the municipal government.

Chapter ¢ô Taxicars and Drivers

Article 18 The municipal transport department may determine the color of taxicars and the region where taxicars with different colors are restricted to run according to the necessity.

Article 19 The taxicar that is put into operation after these regulations are enforced shall be a new car whose volume of exited gas is over 1,500 milliliters.

It is prohibited that the minicar and motorcycle undertake the hiring business.

Article 20 The owner of the taxicar must install the effective taximeter, toplight, radio communication apparatus and marker light for empty car under the supervision of the municipal transport department or its appointed agencies.

The owner of the taxicar shall print the owner' s name, post or hang the Driving Permit of Taxicar (hereinafter referred to as the Driving Permit), price list, vehicle number plate of this car and the telephone number of complaint of the municipal transport department at the stipulated place of the taxicar.

Article 21 The taxicar must accord with the standard of the taxicar' s operation conditions enacted by the municipal transport department according to these regulations and be kept clean, tidy and sanitary inside and outside.

During the operation, the taxicar must go to the vehicle inspection institution, which has the professional inspection qualification to the taxicar, to receive the inspection of the car' s conditions every 6 months. The municipal transport department shall examine the operation conditions of the taxicar unperiodically. If the operation conditions are inspected or examined to be unqualified, the taxicar shall not be put into operation.

Article 22 If the taxicar has reached the service life for renewal stipulated by the State after being put into operation, the owner must renew the car and shall not put the old one into operation continuously.

The administrative department for public security and traffic control shall not check and issue the Certificate of Annual Examination to the taxicar that must be renewed according to provision of the preceding paragraph.

Article 23 The driver of the taxicar must accord with the following conditions:

(1) having the Driving License of cars and having driven the car for more than 2 years actually;

(2) being over 18 years old but less than 55 years old;

(3) having the educational level above junior middle school;

(4) being healthy.

The person according with provisions of the preceding paragraph may acquire the qualification as a driver of the operation car only after receiving the training organized by the municipal transport department, being examined to be qualified, being familiar with the laws and regulations relevant to the taxicar' s drive and city management and mastering the knowledge and skills of service relevant to the taxicar' s drive; The person undertaking the drive business of the taxicar shall be checked and issued the Driving Permit.

Article 24 If the operator employs the driver of taxicar, it shall observe the provisions relevant to the employment of local residents stipulated by laws, regulations and the municipal government, and go through the formalities of labor power employment, social security and others according to relevant laws and regulations. If the operator employs the person without registered permanent residence in Shenzhen Municipal, it shall handle the Certificate for Temporary Residence for them according to the provisions of regulations of Special Zone.

Article 25 The Driving Permit exercises the system of annual examination. The driver holding the Driving Permit shall go through the formalities of annual examination according to the provisions.

The Driving Permit shall be invalid automatically if it is not examined annually or examined to be unqualified. The Driving Permit may only be used by the taxicar' driver himself.

Article 26 The driver shall examine the car' s target of safety technique and service equipments before or after the everyday running to determine weather the car accords with the stipulated standards.

The driver, if exercising the system of working in shifts, shall examine the car' s target of safety technique and service equipments according to provisions of the preceding paragraph when he hands over to or carries on the next shift.

Article 27 If the taxicar has one of the following conditions, it shall not be put into operation:

(1) being inspected to be unqualified through the routine inspection made by the municipal administrative department for public security and traffic control and the municipal transport department;

(2) being not able to be run normally for mechanical failure or having other hidden perils of the accidents;

(3) the taximeter and radio communication apparatus failing to work normally;

(4) other equipments inside the car being damaged or dirty, and not being suitable to take;

(5) the vehicle number plate being illegible and difficult to be recognized.

Article 28 The operating unit owning more than 50 taxicars shall have full-time safety personnel. The operating units owning less than 50 taxicars shall appoint the part-time personnel.

Chapter ¢õ  Hiring Business

Article 29 When the taxicar is empty for hire, the driver shall indicate the sign marked with the word of "empty car" and the English word of "FOR HIRE" . The passenger may give a sign of hiring at the spot for passengers to getting on and off the taxi and the sector of road allowing getting on the taxi.

Article 30 After the taxicar has taken the passenger, the driver shall drive according to the route required by the passenger; If the passenger has no requirement, the driver shall choose the route with the shortest distance to drive. If it is necessary to make a detour for certain reason, the driver shall truly explain the conditions to the passenger.

Article 31 After the passenger has hired the taxicar, the driver shall not load other persons without the requirement of the passenger.

Article 32 If the passenger hires the car from P.M 9 to A.M 6 of the next day, the driver has a right to refuse to drive at the route out of the main and submain artery; If the passenger hires the car to go out of Special Zone during the preceding time period, the driver has a right to require him to show the certification of identity.

Article 33 The municipal transport department shall file an application in accordance with the circumstance of variety of the taxicar' s operating cost to adjust the standard of the taxicar' hire charge, and the municipal department for price shall examine and approve the standard according to legal procedures, and then publicize and implement it.

Article 34 If the passenger hires the taxicar, he shall pay the hire charge according to the provisions of these regulations, but he has a right to refuse to pay the hire charge overly collected.

The charging items of the taxicar include:

(1) the starting price (including the mileage price less than 3 kilometers);

(2) the mileage price (calculated according to kilometers);

(3) the waiting charge;

(4) the service charge at night (from P.M 11 to A.M.6 of the next day);

(5) the charge for big luggage (whose volume exceeding 0.2 m³and weight exceeding 20 kilograms ).

The hire charge of Subparagraph (1), (2), (3), (4) of the preceding paragraph shall be the amount that the taximeter of the taxicar shows.

The charges, which the driver pays when the taxicar passes the installation or the sector of road that collects charges according to law, shall be born by the passenger.

Article 35 It is prohibited that the operators and drivers overly collect the hire charge with any means.

Article 36 The driver shall use the uniform invoice for passenger transport stipulated by the municipal transport department when he collects the hire charge.

Chapter ¢ö Operating Management

Article 37 The municipal transport department shall, together with the municipal administrative department for planning and the municipal administrative department for public security and traffic control, set up the special waiting station for taxicar at the suitable places of the airport, bus station, wharf, tourist scene, public place of entertainment, region of the port and the street at both sides of the main artery in the downtown area. The three-star guesthouses or the guesthouses with a higher grade shall set up more than 2 free waiting stations for taxicar.

It is prohibited to illegally collect fees from the drivers of taxicar or prevent their normal operation by any kind of name. It is prohibited that others canvass passengers for the taxicar with the aim to gain profits or disturb the operation order and social order.

Article 38 The municipal transport department shall set up the interim parking point at the main and submain arteries, busy and other necessary sectors of road in the urban district. It is prohibited to get on or off the taxicar at the non-parking points of the sectors of road that set up the yellow-line label.

Article 39 The operator of taxicars shall enact and perfect the management system of safety, supervision on passenger service, rewards and penalties, etc, and strengthen the management on drivers and taxicars. The managerial personnel of taxicars shall be given the on-the¨Cjob training to master the managerial knowledge and enhance the managerial level.

If the operator of taxicars exercises the contracted management or operation under lease, the contracted period or leasehold shall not exceed the service life for renewal of the operating cars stipulated by the State.

Article 40 The driver of the taxicar shall not refuse to load the passenger, except under the following conditions:

(1) the sottish passenger or passenger with mental disease requiring to hire the taxicar without any sane person accompanying him;

(2) the passenger requiring to enter the sector of road only for non-motorized vehicles;

(3) the passenger requiring to drive overloaded;

(4) the passenger carrying the dangerous articles that are inflammable, explosive, poisonous, etc;

(5) the passenger being reluctant to pay the hire charge according to the stipulated charging standard;

(6) the passenger requiring to hire the car at the sector of road where the passenger is prohibited to get up the car;

(7) the passenger requiring the yellow taxicar to run out of Special Zone.

Article 41 If the old, weak, sick, disabled, pregnant, young or other special passengers hire the taxicar, the driver shall carry them first; If they need help to get on the car, the driver shall offer help.

Article 42 If there is one of the following conditions, the taxicar may show the sign of "suspend loading" and suspend loading the passenger:

(1) the driver being on the way of being off duty;

(2) the driver being on the way of picking up the passengers on call;

(3) the conditions of the car being not well or the driver being discomfort, thus making it unsuitable to load the passengers.

Article 43 It is prohibited to undertake the activities of disturbing the social public order or hindering taxicars' normal operation by using the taxicar.

Article 44 During the operation of the taxicar, the driver and passenger shall observe relevant provisions of the management on the city' s appearance and the environmental sanitation, and are prohibited to smoke in the car or discard articles out of the car.

Article 45 The taxicar from other places must observe the following provisions:

(1) the empty car shall not enter Special Zone;

(2) being prohibited to undertake the loading business with the starting point and destination being within Special Zone;

(3) running at the restricted traffic area and route stipulated by the municipal government;

(4) being prohibited to load the return passenger out of the places and stations stipulated by the municipal government;

(5) if the empty car runs back at the stipulated route within Special Zone, it must show the sign of "suspend loading" on the marker light of the car and turn off the toplight.

Article 46 When the competent department of the government deals with the emergencies and disasters or the judicial department performs the emergent official business, they may requisition the taxicars according to law, and the operators and drivers shall not refuse.

If the competent department and judicial department requisition the taxicars, they shall pay the hire charge according to relevant provisions. If losses are caused, they shall give compensation according to law.

Article 47 For the behaviors that the drivers or operators breach these regulations, the passengers have rights to complain to the competent department of the government or the trade association of the taxicars.

Article 48 The municipal transport department shall set up special organization to accept the passengers' complaints about the drivers and operators.

Article 49 The municipal transport department and the trade association of the taxicars shall register the following contents after receiving the complaints of the passengers:

(1) the name, vocation, telephone number or communication address of the complainant;

(2) the name of the complained person (or the designation of the complained unit), and the number of the taxicar' s plate;

(3) the facts of the complaints and the requirements.

If the complainant doesn' t provide the conditions of the first or third subparagraph of the preceding paragraph truly, the organization that accepts the complaints may refuse to register.

        Article 50 After accepting the passenger' complaints, the municipal transport department shall deal with them according to the following procedures:

    (1) noticing the facts of the complaints and the requirements of the complainants to the complained person in writing;

(2) if the complained person disagrees with the complaints, they shall give defense opinions and provide relevant evidences and materials to the organizations issuing the notice within 7 days from receipt of the notice.

If the complained person fails to give defense opinions within the time limit or can' t prove their defense opinions, the competent department shall treat the complained person according to relevant provisions.

The complained person may entrust the working staff of trade association, lawyers or other citizens to deal with the matters of defense.

Article 51 When the officials of the municipal transport department and other competent departments examine the taxicars, they shall show the effective Inspection Certificate and explain the reason and legal basis; If they detain relevant certificates of the taxicars and drivers, they shall issue the receipt to the parties. The parties shall not refuse the competent departments to examine or detain the certificates according to law.

When the officials of the municipal transport department, municipal administrative department for public security and traffic control and other competent departments violate the provisions of the preceding paragraph to examine the operation of the taxicars or detain relevant certificates of the taxicars and drivers, the operators and drivers have rights to refuse.

Article 52 The drivers' complaints about the operators and the drivers and operators' complaints about the officials of the traffic department shall be dealt with by the municipal transport department and relevant competent departments according to law.

Article 53 If the driver of the taxicar has the behaviors of doing boldly what is righteous, not pocketing the money they pick up, and finding pleasure in help others whose influence is great, or he is elected "the best driver of the taxicar" of the taxicar trade, the relevant departments shall give commendations and awards to them.

Chapter ¢÷ Legal Responsibilities

Article 54 If the parties violate the provisions of the management on the Operation License of these regulations and having one of the following behaviors, the municipal transport department shall impose punishments to them:

(1) if the parties forge the qualification certificate of the bidders or other materials that must be provided according to relevant provisions when bidding, they shall be cancelled the qualification of bidding; If they have already won the Operation License, the license shall be withdrawn;

(2) if the parties illegally transfer the Operation License or illegally lease or contract them to others to operate, they shall be confiscated the illegal gains and their licenses shall be withdrawn;

(3) if the motorcycle illegally undertake the business of loading passengers, the municipal transport department may detain the vehicle temporarily and impose a fine of 2,000 yuan;

(4) if the car or minicar without the Operation License of the taxicar or Permit for Road Transport undertakes the business of loading passengers, the municipal transport department may detain the vehicle temporarily and impose a fine of 30,000 yuan;

(5) if the non-taxicar is installed the vehicle number plate, toplight, valuation-meter and other signs and apparatuses to counterfeit the taxicar arbitrarily, the municipal transport department may detain the vehicles temporarily and impose a fine of 100,000 yuan; If the parties have the behaviors of counterfeiting or forging the vehicle number plate or other behaviors of violating the management on the vehicles as well as the road and traffic, the detained vehicles shall be removed to the administrative department for public security and traffic control to be handled.

Article 55 If the parties violate the provisions of the management on vehicles of these regulations, having one of the following behaviors, the municipal transport department shall order them to stop the operation and impose a fine of 800 yuan to the owner of the car:

(1) failing to install the operating apparatus inside the car;

(2) failing to accept the examination to the conditions of the car;

(3) the operating apparatus inside the car is damaged or dirty, thus the car is not suitable to load passengers, but the party still puts it into operation;

(4) the bodywork being damaged or the appearance of the car being dirty.

If the party fails to print, post or hang the owner' name, Driving Permit, price list, vehicle number plate and the telephone number of complaint of the municipal transport department at the stipulated place inside or outside the car, he shall be fined 200 yuan.

If the car has been beyond the service life for compulsory replacement but is still put into operation, the municipal transport department shall confiscate it.

Article 56 If the driver of the taxicar has one of the following behaviors, the municipal transport department shall order them to make corrections and impose fines:

(1) if he fail to hang the vehicle number plate or the number plate is not complete when the taxicar is in operation, the municipal transport department shall order them to make corrections and impose a fine of 500 yuan;

(2) if he doesn' t use the uniform invoice for passengers, the municipal transport department shall order them to make corrections and impose a fine of 500 yuan;

(3) if the vehicle number plate is stained and the handwriting is illegible, the municipal transport department shall order he to make corrections and impose a fine of 200 yuan;

(4) if he doesn' t observe relevant provisions at the special-purpose waiting station at the bus stations, wharfs, airports, the areas of port and both sides of the main arteries in the urban area, disturbing the operation order, the municipal transport department shall impose a fine of 200 yuan and record the peccancy for one time;

(5) if he drives on the road to operate, failing to carry the Permit for Road Transport or the Driving Permit, the municipal transport department shall impose a fine of 200 yuan;

(6) if he violates the provisions of Article 45 of these regulations, the municipal transport department shall impose a fine of 50 yuan.

Article 57 If the driver of the taxicar has one of the following behaviors, the municipal transport department shall impose a fine:

(1) if he refuses to load the passengers, the municipal transport department shall impose a fine of 1,000 yuan and record the peccancy for one time;

(2) if he improperly or illegally uses the sign of "suspend loading" , the municipal transport department shall impose a fine of 1,000 yuan and record the peccancy for one time;

(3) if he intentionally makes a detour, the municipal transport department shall order him to refund the hire charge, impose a fine 50 times of the overcolleced hire charge and record the peccancy for one time;

(4) if he collects the hire charge beyond the standard, the municipal transport department shall order them to doubly refund the overcollected hire charge to the passengers, impose a fine 50 times of the overcollected hire charge and record the peccancy for one time;

(5) if he purposely makes difficulties and abuses the passengers, the municipal transport department shall order them to make a formal apology to the passengers and record the peccancy for one time;

(6) if he picks up the passengers' lost articles but doesn' t return to the passengers or doesn' t deliver to relevant departments to handle, the municipal transport department shall order him to return and record the peccancy for one time;

(7) if he loads other persons without the requirements of the passengers after the taxicar is hired, the municipal transport department shall order him to refund the hire charge and record the peccancy for one time;

(8) if he drives the yellow taxicar out of Special Zone, the municipal transport department shall order him to make corrections and record the peccancy for one time.

Article 58 If the driver of the taxicar or the operator has one of the following behaviors, the municipal transport department shall impose a fine, confiscate the illegal gains, order him to stop the operation or revoke the Driving Permit:

(1) if the driver undertakes the operation of taxicar without Driving Permit or with the invalid Driving Permit, he shall be ordered to stop the operation, and be imposed a fine of 2,000 yuan; If the operator has fault, it shall be fined 2,000 yuan;

(2) if the driver adjusts the taximeter privately or uses the invalid taximeter, he shall be confiscated the illegal gains, be ordered to reinstall the standard taximeter and be fined 2,000 yuan; If the operator has fault, it shall be fined 2,000 yuan; If the circumstances are serious, the operator shall be ordered to stop the operation;

(3) if the driver lends the Driving Permit to others for use or permits the person who doesn' t acquire the Driving Permit to drive the taxicar, he shall be revoked the Driving Permit;

(4) if the driver forcibly casts off the passenger on the way, he shall be revoked the Driving Permit;

(5) if the driver beats the passengers or steals the passenger' properties, he shall be revoked the Driving Permit and be removed to the public security organization to be handled according to law;

(6) if the driver makes use of the taxicar to disturb the social order or hinders the normal operating activities of the taxicar, he shall be revoked the Driving Permit; If the circumstances are serious, he shall be removed to the judicial department to be handled according to law;

(7) if the driver escapes the examination of the administrative staff of transport by illicit means or hinders the administrative staff of transport to normally perform the official business, he shall be fined 2,000 yuan; If the circumstances are serious, the operator shall be ordered to stop the operation or the driver shall be revoked the Driving Permit;

(8) if the driver forges the materials of the qualification certificate to obtain the Driving Permit, he shall be revoked the Driving Permit;

(9) if the driver' record on peccancy is more than 3 times within a year, he shall be revoked the Driving Permit.

The driver who is revoked the Driving Permit according to these regulations shall not undertake the driving business of the taxicar within 3 years form the date of punishment.

Article 59 If the passenger of the taxicar has one of the following behaviors, the municipal transport department shall give the following punishments:

(1) if he doesn' t pay the hire charge according to the provisions, he shall be ordered to pay it according to the provisions and be fined one time of the hire charge;

(2) if he smokes in the taxicar or throws articles outside the car, he shall fined 50 yuan;

(3) if he purposely damages the car or the apparatus inside the car, he shall be ordered to compensate for the losses.

Article 60 If the taxicar form other places has one of the following behaviors, the municipal transport department shall impose the following punishments, and may temporarily detain the car:

(1) if the driver violates the provisions of the first or second subparagraph of Article 45 of these regulations, he shall be fined 5,000 yuan;

(2) if the driver violates the provisions of the third, forth or fifth subparagraph of Article 45 of these regulations, he shall be fined 2,000 yuan.

For the taxicar from other places which violates the provisions of Article 45 of these regulations, the municipal administrative department for public security and traffic control may impose punishments according to the preceding paragraph.

For the same malfeasance which violates Article 45 of these regulations, the municipal transport department and the municipal administrative department for public security and traffic control shall not impose the punishment repeatedly.

Article 61 If the operator or driver has one of the following conditions, the municipal transport department has rights to detain the car on the spot and impose punishments to relevant parties according to relevant provisions of these regulations:

(1) the car failing to accord with the materials recorded in the Driving Permit of the car;

(2) failing to acquire the Driving Permit to drive the operating taxicar;

(3) refusing the competent department to examine or detain the Driving Permit according to law;

(4) the technical conditions of the taxicar are not well and the car is obviously not suitable for operation, but the parties still put it into operation;

(5) the taxicar that is informed to stop the operation by the municipal transport department according to these regulations is driven on the road for operation arbitrarily.

The keeping expenses needed to detain the taxicar shall be born by the operator.

Article 62 If the operator, driver, passenger or others disturbs the social order in the operation of the taxicar, violating the Regulations of the People' s Republic of China on Punishments in Public Order and security Administration, the public security organization shall impose punishments according to law; If it constitute a crime, the judicial department shall prosecute the criminal responsibilities.

Article 63 If the operator of the taxicar neglects the management on service quality, thus result in the highest rate of breaking rules and effective complaints about the taxicars that belong to it, the municipal transport department shall give warning to it and order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop business for rectification.

If the operator of the taxicar neglects the management on service quality, thus result in the incident that the parties make use of the taxicar or take other measures to disturb the social order and hinder the normal operation, the municipal transport department shall order it to rectify the mistake within a prescribed time limit; If the circumstances are vile and cause serious consequences, it shall be ordered to stop business for rectification.

Article 64 If the parties are not satisfied with the decisions of administrative punishment, they may apply for administrative reconsideration according to law; If they are not satisfied with the decisions of reconsideration or the organization for administrative appeal doesn' t accept the applications or fails to give replies beyond the period for administrative reconsideration, the parties may file lawsuits to the people' s court according to law.

Chapter ¢ø Supplementary Provisions

Article 65 The municipal government may enact implementing rules according to these regulations.

Article 66 These regulations shall go into effect as of May 1, 1995.