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Detailed Rules for the Implementation of Regulations
of the Shenzhen Special Economic Zone on the Administration of
Taxicabs
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(Promulgated
by Order No. 55 of the Shenzhen Municipal People' s Government
on November 3, 1996,
revised according to Order No. 135 of the
Shenzhen Municipal People' s Government of August 26, 2004) |
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Chapter I General
Provisions
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Article 1 These detailed
rules for implementation (hereinafter referred to as the
detailed rules) are hereby
formulated according to Regulations
of the Shenzhen Special Economic Zone on the Administration of
Taxicabs (hereinafter referred to as Regulations). |
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Article 2 The
administrative office of transit of the Shenzhen Municipal
People' s Government (hereinafter
referred to as the municipal
office of transit) shall be the responsible department of the
taxicab
(hereinafter referred to as taxi) trade in the Special
Zone. |
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The professional management agency of the taxi trade in
the Special Zone (hereinafter referred to as the management
agency) set up by the municipal office of transit shall exercise
the functions and powers of management
of the taxi trade which
are entrusted with by the municipal office of transit according
to Regulations and
these detailed rules. |
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Article 3 The
Shenzhen Municipal People' s Government (hereinafter referred
to as the municipal government)
shall conduct macro-level
control of the total capacity of taxi transport in accordance
with the
needs of the development of the urban public transit
services. |
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As concerns the increase or decrease in the capacity of
taxi transport in batches, the municipal office of transit
shall
put forward a plan and its explanation according to the
development plan of the taxi trade,
the market relationship of
supply and demand, and beneficial results after consulting the
related
departments such as those in charge of public security,
transportation, etc. and the municipal trade association
of
taxicabs, and report the plan and its explanation to the
municipal government for examination
and put the plan into
practice after it has been approved. |
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Article 4 Taxi
operation shall be operation of scale. |
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Operation of scale shall mean the operation activities
undertaken by an organization which meets the requirements
in
the first section of Article 15 of Regulations
and has a specialized management office, an appropriate number
of taxies and service facilities. |
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Chapter II Operation
License
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Part
1 Transfer Auction
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Article 5 The "auction of
operation licenses" referred to in Article 11 of Regulations
shall mean that the municipal office of transit entrusts an
auction agency with the transfer of
an operation license to a
highest-price bidder through competitive bidding or selling at
marked
price. |
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Article 6 The
auction of operation licenses shall follow the principle of
public, fair and impartial competition. |
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Article 7 The
transfer auction of operation licenses shall not be done
regularly. |
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The municipal office of transit shall announce the number
of operation licenses for auction 60 days ahead of the
date of
each auction. |
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Article 8 An
auction agency of operation licenses shall issue a public notice
of auction 30 days ahead of
the date of auction. |
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A public notice of auction shall include the following
contents: |
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(1)
the time and place of auction; |
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(2)
the number of operation licenses for auction; |
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(3)
the formula of auction; |
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(4)
the qualifications or conditions of a bidder; |
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(5)
the other matters that should be made public. |
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Article 9 A
bidder shall file an application to the management agency within
the time limit prescribed by
the public notice, fill out Application
Form of Bid for Taxicab Operation License, and provide the
following documents at the same time: |
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(1)
the business license, certificate of legal representative
or responsible person, identification card, the power of
attorney of an agent; |
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(2)
the bank statement of the fund which is appropriate for
bidding for an operation license; |
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(3)
the other documents to participate in bidding for an
operation license. |
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Article 10 The
management agency shall examine the qualifications or conditions |
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of
bidders and their provided documents; for those who meet the
requirements, the agency shall issue
Notice
of Bid Qualifications. |
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Article 11 A
bidder who has received Notice
of Bid Qualifications shall pay the auction agency a
guarantee fee for an agreement on abiding by the rules of
auction. |
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The amount of the guarantee fee referred to in the above
section shall be determined by an agreement based on the
number
of operation licenses which the bidder applies to bid for. In
case of concluding a transaction
in auction, the guarantee fee
shall be calculated as part of the payment for operation
licenses;
in case of concluding no transaction in auction, the
auction agency shall return in full the guarantee fee within
5
days from the date of auction. |
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Article 12 Except
there is a special stipulation in these detailed rules, the
auction of operation licenses
shall be carried out according to
the related rules of Regulations of the Shenzhen Special Economic Zone on Property Auction. |
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Article 13 In
case of concluding a transaction in auction, a bid winner, an
auctioneer and the municipal office
of transit shall sign Letter
of Confirmation of a Concluded Transaction on Transfer of
Taxicab Operation License (hereinafter abbreviated as Transfer
Confirmation) on the spot according to the written record of
auction. |
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Article 14 Within
30 days from the date of signing Transfer
Confirmation, a bid winner shall pay in full the operation
license fee to the management agency and receive a certificate
of winning of a bid for operation license issued by the
municipal office of transit. |
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If a bid winner has not paid in full the operation
license fee within the prescribed time limit, the management
agency shall press the bid winner in writing for payment of the
operation license fee within 15
days after the date when the
payment is due; if the bid winner still has not paid in full the
operation
license fee after the time limit of pressing for
payment, the management agency may ask the municipal office of
transit to make a decision to cancel Transfer
Confirmation and to put up for auction again the operation
license for which the fee has not been paid. The original bid
winner shall be held liable for the expenses of the second
auction. |
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Article 15 An
operator shall, within 90 days from the date of winning a bid
for operation license, bring the
certificate of winning of a bid
for operation license and the related materials to the municipal
offices of transit, industrial and commercial administration,
taxation, and a public security office in charge
of vehicles
administration to go through the formalities for Operation
License of Road Transportation, industrial and commercial
business license, tax registration, vehicle purchase and
registration. |
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Article 16 An
operator shall, within 30 days from the date of completing the
prescribed formalities referred
to in the above article, go to
the management agency to get a certificate of road
transportation,
register the type and ID number of vehicles, and
receive a certificate of operation license. |
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Article 17 The
years to be valid for an operation licenses which has been
received after Regulations took effect shall be calculated from the date of issuing
of the certificate of operation license. |
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Article 18 The
municipal office of transit shall, within 15 days from the date
of receiving the payment for
the operation license fee, transfer
the payment to a special bank account set by the municipal
department of finance for specified purposes only. |
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The payment for the operation license fees shall be used
for the development of taxi trade and construction of
transportation infrastructure. The spending shall be listed item
by item and arranged by the municipal
office of transit in a
unified way, and carried out only after the municipal government
has approved
such spending. |
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Part
2 Transfer and Pledge
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Article 19 An operation
license holder who meets the requirements prescribed in Article
18 of Regulations may
transfer the operation license. |
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But in case of transfer of those operation licenses
received before the transfer auction system took effect, the
unpaid operation license fee shall be paid according to the
average transaction price of the last
public auction before the
transfer is allowed to take place. |
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Article 20 The
transfer of an operation license may be done through auction by
entrustment or through agreement. |
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When a transferor transfers an operation license, the
rights and obligations of taxi operation which have not been
terminated by the transferor according to law shall be inherited
by a transferee. |
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Article 21 A
transferee of operation license shall meet the requirements
prescribed in Article 13 of Regulations. |
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Article 22 The
transfer of an operation license shall be done along with the
transfer of vehicles which have
been disposed under this license
except those reaching the time limit to be replaced. |
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Article 23 If
the transfer of an operation license is done through an
agreement, a transferor and a transferee
shall sign Contract
of Transfer of Taxicab Operation License (hereinafter
abbreviated as Contract); if the transfer is done through auction by entrustment,
an entrusting party, an auctioneer, and a winner of bid
for
operation license shall sign Confirmation
of a Concluded Transaction in Auction (hereinafter
abbreviated as Confirmation). |
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Article 24 The
transfer of an operation license shall be valid only after the
transfer registration has been
done. |
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A transferor and a transferee or an entrusting party and
a winner of bid for operation license shall, within 30 days
from
the date of signing of Contract
or Confirmation, go to the management agency to register the transfer
of operation license and pay the transfer registration fee
according to the rates set by the department of price, each
party of the concluded transaction
shall bear half of the
transfer registration fee. |
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Article 25 After
completing the transfer registration of operation license, a
transferee or a winner of bid
for operation license shall,
according to the related rules, bring the certificate of
operation
license respectively to the municipal public security
office in charge of vehicle administration to transfer the
titles of vehicles or to register vehicles and to the municipal
offices of transit, industrial
and commercial administration,
taxation to go through the formalities for Operation
License of Road Transportation, a certificate of road
transportation, industrial and commercial registration, and tax
registration. |
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Article 26 An
operation license holder may use a certificate of operation
license as pledge according to law,
but the same certificate
shall not be used for more than two pledges. |
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Article 27 In
case of using a certificate of operation license as a pledge, a
pledger and a
pledgee shall conclude a written contract and register pledge at
the management agency. A
pledge contract shall take effect as of
the date of registration. |
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Article 28
In
case of using a certificate of operation license as a pledge to
guarantee elimination of credit,
a pledger shall go to the
management agency to register cancellation of pledge within 10
days from
the date of elimination of credit. |
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Article 29 If
the transfer of an operation license occurs in the process of
pledge, the transfer procedure
and the conditions of a pledgee
shall be in line with the related rules on the transfer of
operation
licenses. |
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If
an operation license which has been used for less than 2 years
of taxi operation is pledged and
its transfer occurs in the
process of pledge, this operation license shall be put up for
auction
after being approved by the municipal office of transit.
When the related expenses have been deducted from the proceeds
of auction, if the remaining sum exceeds credit, the exceeded
part shall be the pledger' s, if
the remaining sum is less than
credit, the difference shall be cleared off by the debtor. |
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Part
3 Other Rules
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Article 30 If a certificate
of operation license is destroyed or lost, its holder shall make
a statement in
the newspaper to invalidate the certificate and
apply to the management for replacement. |
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If it is indeed necessary for a damaged certificate of
operation license to be replaced, the management agency shall
do
so after verification. |
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Article 31 In
case of replacing a taxi, an operation license holder shall,
within 15 days from the date of
registration of a new vehicle,
go through the formalities for registration of changes in the
certificate
of operation license, certificate of road
transportation, and driving permit at the management agency. |
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Article 32 If
an operation license expires, the operation license holder
shall, within 30 days from the date
of expiration, return the
certificate of operation license to the management agency to
register
cancellation and go through the related formalities at
a public security office in charge of vehicle administration. |
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Chapter III Operation
Management
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Part
1 Taxicabs and Drivers
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Article 33 The operating
conditions of a taxicab referred to in Article 22 of Regulations
shall mean the conditions of service facilities of a taxicab in
operation. |
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The operating conditions of a taxicab shall meet the
following standards: |
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(1)
the facilities installed according to the first section
of Article 21 of Regulations
shall be complete and effective; |
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(2)
a taximeter and a vacancy light shall be installed on the
instrument panel before the front passenger seat; |
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(3)
a dome light shall be installed in the middle of the roof
of a vehicle; |
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(4)
wireless communication facilities shall function
normally; |
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(5)
screens to prevent robbery shall be firmly installed; |
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(6)
the floor, seats and trunk inside the vehicle shall be
kept clean without any odds and ends; |
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(7)
car doors
shall not be out of shape or loose; door locks shall be
reliable; car windows shall be
easily opened and closed without
any problem; |
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(8)
there shall be no dirt, serious dents, rot, and paint
peeling-off on the
body of a vehicle; a number plate and a taxi plate shall be in
place and neither covered
nor overlapped by each other; |
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(9)
The full name and telephone number of an operator shall
be printed on the exterior sides of both front doors; "To
be
driven within the Special Zone" shall be printed in addition
on a yellow taxicab; a price list
shall be posted in a
noticeable place of the interior side of a back door; the
driving permit of
the driver on duty shall be hanged in a
noticeable place before the front passenger seat but shall not
obstruct the view of the driver; the plate number of the vehicle
and the telephone number of the municipal
office of transit for
complain shall be printed on the screen to prevent robbery in
back of the
driver seat; a sign of smoke prohibition shall be
posted on the interior side at the rear of the vehicle. |
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All
the words printed according to the prescribed requirements shall
be complete |
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and
clearly readable. |
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Article 34 Taxi
drivers shall meet the requirements stipulated by the state. |
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Article 35 In
case of changing an operator unit to serve or changing a vehicle
to drive, a driver shall go
through the formalities for the
change of driving permit at the original permit-issuing office. |
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Article 36 If
a driving permit is destroyed or lost, a statement shall be made
in the newspaper to invalidate
the permit, an application for a
replacement shall be filed on the basis of a valid qualification
certificate to the original permit-issuing office. If a driving
permit is damaged, the permit shall be brought
to the original
permit-issuing office to exchange for a replacement. |
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If a qualification certificate is destroyed or lost, a
statement shall be made in the newspaper to invalidate the
certificate, and an application for a replacement shall be filed
to the original certificate-issuing
office. If a qualification
certificate is damaged, the certificate shall be brought to the
original
certificate-issuing office to exchange for a
replacement. |
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Article 37 Both
driving permit and qualification certificate shall not be
forged, altered, and applied for
when there is already a valid
one. |
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Part
2 Operation Business
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Article 38 When waiting for
customers at passenger transport places such as station, dock,
airport, port, etc.,
a taxi driver shall abide by the following
rules: |
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(1)
wait for customers in proper order, do not take acts such
as bargaining a fare, etc. to disturb the order of
customer-waiting management.; |
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(2)
do not leave the driver' s cab when waiting for
customers; |
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(3)
do not use the other people or other inappropriate ways
to solicit passengers; |
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(4)
obey the direction and dispatch of the personnel of
transit administration. |
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Article 39 When
driving a vacant taxi, a driver shall use the "vacancy" sign
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the
"temporarily out of service" sign. These two signs shall not
be used when the taxi carrying
a customer. |
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The "vacancy" sign shall be displayed by holding up a
vacancy sign in the driver' s cab at daytime and by turning
on
the vacancy light and dome light at the same time at night. |
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When a taxi being temporarily out of service, the
"temporarily out of service" sign shall be used to cover the
vacancy light, otherwise this sign shall be kept in a concealed
place. |
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Article 40 A
taxi driver shall start the taximeter after a passenger getting
on the taxi and show the passenger
the amount of taxi fare
displayed by the taximeter after arriving at destination; if the
driver
refuses to show the taximeter, the passenger shall have
the right to refuse to pay fares. |
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Article 41 The
fares stipulated in Article 35 of Regulations
shall be calculated in RMB. |
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The expenses of long-distance return of a vacant taxi
shall be charged according to the actual mileage beyond 30
kilometers. |
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Article 42 The
"chartered vehicle service" referred to in Item (1) of
Article 36 of Regulations shall mean the taxi service which calculates fares
according to the time of service. |
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If fares are decided by an agreement according to Item
(2) of Article 36 of Regulations,
the prescribed rates of agreement fares shall be followed. |
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In case of charging fares according to an agreement, a
driver shall collect the agreement fares from passengers before
departure and make out uniform passenger transportation invoices
for agreement fares only. |
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Article 43 The
passenger transportation invoices of taxies (hereinafter
abbreviated as passenger invoices)
shall be issued and
administered by the management agency in a unified way. The full
name and telephone
number of an operator shall be printed or
stamped on passenger invoices in addition. |
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Article 44 When
a passenger complaining about a driver or an operator according
to Regulations, if
this passenger is not willing to give the facts of complaint
which are needed or has failed
to be present at a scheduled
time, it shall be dealt with as this person has given up the
complaint;
if the driver or the operator is needed to be present
for defense and has failed to do so at a scheduled time, it
shall be dealt with as this person has given up the defense. |
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If a passenger has made a false complaint and caused a
driver to suffer from a loss, this passenger shall be held
liable for making a compensation for the driver' s actual
economic loss. |
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Article 45 A
driver may sign a contract for undertaking operation with an
operator according to law and conduct
the contracted operation.
The standard contract formulated by the municipal office of
transit in
a unified way shall be used for contracted operation. |
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A contract for undertaking operation shall include the
following main items: |
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(1)
both parties to the contract; |
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(2)
the vehicles and time limit of contracted operation; |
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(3)
the contracted amount of earnings; |
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(4)
the guarantee item; |
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(5)
the liability of legally prescribed fees; |
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(6)
the other rights and obligations of both parties; |
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(7)
the other items agreed on by both parties. |
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In the main items above, the ceiling of the contracted
amount of earnings, the maximum of the guaranty bond for
contracted operation referred to in the guarantee item, and the
liability of legally prescribed
fees shall be decided by the
municipal office of transit. |
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Article 46 The
municipal trade association of taxicabs shall work out the
service promises for the taxi trade
of the whole city to make to
society, publish them as a code of professional ethics of the
trade,
and supervise its members' implementation. |
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An operator shall keep the service promises of the taxi
trade and may also make a promise in the light of practical
conditions that it would provide even better services. The
implementation of the promises shall
be the items of evaluation
for annual assessment and appraisal through comparison of
operators
which are conducted by the municipal office of
transit, management agency, and trade association of taxicabs. |
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Chapter IV Legal
Liabilities
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Article 47 Except the
municipal office of transit and the management agency entrusted
by the office, any unit
and individual shall not withhold
certificates of operation license, driving permits, and
certificates
of road transportation. If an operator believes
that withholding is indeed necessary, a proposal shall be
submitted to the municipal office of transit or the management
agency to withhold these documents according
to law. |
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When withholding the certificates listed in the above
section, the municipal office of transit or the management
agency entrusted by the office shall hand over to the party
concerned a written decision on temporary
withholding issued by
the municipal office of transit; the party concerned shall go to
the municipal
office of transit to accept investigation and
settlement before a deadline prescribed by the written decision
on temporary withholding. |
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Article 48 If
a winner of bid for operation license has failed to go through
the formalities within a prescribed
time limit and put taxies
into operation, an order to make it up by going through the
formalities
by a new deadline shall be issued; if the
formalities still has not been completed after the new deadline,
the related operation certificates and permits which has already
been received shall be taken back,
the operation license fee
which has already been paid shall be returned after deducting
the cost
which has to be paid. |
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The operations licenses taken back according to the rules
in the above section may be put up for auction again by
the
decision of the municipal office of transit. The party punished
shall be held liable for the
expenses of this auction. |
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Article 49 If
one of the following acts has been taken in violation of the
rules on the administration of operation
licenses, the municipal
office of transit or the management agency entrusted by the
office shall
order stopping operation, confiscate illegal
earnings, and impose a fine of 2000 RMB on the operator: |
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(1)
having failed to go through the formalities for changes
in operation license, certificate of road transportation,
and
driving permit on time after replacing the old taxies and
continued to keep operation going; |
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(2)
having failed to go through the formalities to cancel the
registration after the operation license expired and continued
to keep operation going. |
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Article 50 If
there is one of the following situations in violation of the
rules on |
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the
administration of operating conditions, the municipal office of
transit and the management agency
entrusted by the office shall
order correction and impose a fine on the operator: |
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(1)
if the vehicle body is seriously damaged, palpably
dented, and rotting, the paint is peeling off, and the
appearance of the whole vehicle is not clean, the repair by a
deadline shall be ordered and a fine of
800 RMB shall be
imposed; if the repair has not been done after the deadline,
order to stop operation
shall be issued; |
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(2)
if car doors are out of shape or loose, door locks are
not reliable, or car windows cannot be opened or closed
normally, the repair by a deadline shall be ordered and a fine
of 500 RMB shall be imposed; |
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(3)
in case of adding or changing the facilities of a taxi
without authorization, correction shall be ordered and a fine
of
500 RMB shall be imposed; |
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(4)
if the floor, seats, and trunk (spare compartment) inside
vehicle and the exterior of vehicle body are not clean,
correction shall be ordered and a fine of 200 RMB shall be
imposed; |
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(5)
if the words in a sign which should be printed or posted
in a taxi according to the rules are not complete or clearly
readable, correction shall be ordered and a fine of 200 RMB
shall be imposed; |
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(6)
in case of failure to post a sign of smoke prohibition in
a prescribed place, a fine of 50 RMB shall be imposed. |
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Article 51 If
a taxi driver has taken one of the following acts, the municipal
office |
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of
transit or the management agency entrusted by the office shall
impose the following penalties
respectively: |
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(1)
in case of inappropriate use of a taximeter by starting
it before a passenger gets on a taxi, the return of fares
shall
be ordered, a fine of 50 times of the overcharge shall be
imposed, and one-time violation
shall be recorded; |
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(2)
if the charged fares according to an agreement exceeds
the rates of agreement fares, an order to return to a passenger
a sum as twice as the overcharge shall be issued, a fine of 50
times of the overcharge shall be
imposed, and one-time violation
shall be recorded; |
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(3)
in case of driving a vacant taxi without using either
"temporarily out of service" sign or vacancy sign, a fine
of
1000 RMB shall be imposed and one-time violation shall be
recorded; |
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(4)
in case of carrying a passenger without using a
taximeter, a fine of 500 RMB shall be imposed and one-time
violation shall be recorded; |
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(5)
if there is no passenger invoice to be given when
charging a fare, a passenger invoice which has been given is not
complete, there is no full name of an operator on a passenger
invoice in use, or there is no passenger
invoice for agreement
fares only when charging an agreement fare, correction shall be
ordered and
a fine of 50 RMB shall be imposed; |
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(6)
in case of changing the functions of vacancy light and
dome light without authorization, correction shall be ordered
and a fine of 200 RMB shall be imposed; |
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(7)
if a driver has failed to follow the order to wait for
passengers at stations, docks, airports, port area, and special
waiting stations on the intra-city main lines, refused to abide
by the order to manage passenger-waiting,
left the driver' s
cab when waiting for passengers, used the other people or other
inappropriate
ways to solicit passengers, and refused to obey
the direction and dispatch of the personnel of transit
administration, correction shall be ordered and a fine of 20 RMB
shall be imposed. |
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Article 52 If
two or more than two persons liable are implicated in violation
of |
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Regulations
and these detailed rules, penalties shall be imposed
respectively according to the facts and circumstances
of
violation. |
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If a doer of
illegal acts has taken more than two illegal acts, penalties
shall be imposed respectively,
but implemented in combination. |
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Article 53 When
exercising the authority to impose administrative penalties, the
municipal office of transit
and the management agency entrusted
by the office shall do so according to the related rules on
decision, implementation procedure, and corresponding legal
liabilities of administrative penalties referred to
in Administrative Penalties Law of the People' s Republic of China. |
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Chapter V Supplementary
Provisions
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Article 54 "more" ,
"within" a number referred to in Regulations
and these detailed rules shall include the number itself,
"less than" a number shall not include
the number itself. |
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Article 55 These
detailed rules shall take effect as of the date of promulgation. |
