Laws of the Shanghai Province
[Database Search] [Name Search] [Noteup] [Help]
Interim Provisions of Shanghai Municipality on the Administration of Van Transportation
|(Promulgated by the Shanghai Municipal People' s Government Decree No. 69, July 7, 1999 )
Article 1 Purpose and Source
In order to promote the healthy development of van transportation, protect the lawful rights and interests of van operators and freight owners and improve urban transportation and the city image, these Provisions are formulated on the basis of the Regulations of Shanghai Municipality on the Administration of Road Transportation.
Article 2 Definition
Van transportation hereunder defined in these Provisions refers to the business of carriers using vans to provide odd-job freight transportation services at the request of a consignor and charging freights per mileage and time.
Article 3 Application
These Provisions are applicable to van transportation and its related activities in the administrative areas of this Municipality.
Article 4 Administrative Agencies
The Communications Office of The People' s Government of Shanghai Municipality (hereinafter referred to as the Municipal Communications Office) shall be responsible for the administration of van transportation in this Municipality, and its subordinate, the Land Transportation Administrative Department of Shanghai Municipality (hereinafter referred to as the Municipal Land Transportation Department), shall take charge of specific administration of van transportation in this Municipality.
District/county communications administrative agencies and district/county land transportation administrative sections shall, in accordance with their prescribed functions, take charge of actual administration of van transportation in their respective jurisdictions.
Municipal agencies of planning, public security, pricing, taxation, technical supervision, and industry and commerce shall, according to their respective functions, coordinate their efforts to do a good job in the administration of van transportation in this Municipality.
Article 5 Quota on Carriage Capacity
Carriage capacity of vans put into operation is to be controlled by quotas.
The Municipal Communications Office shall, together with the Municipal Planning Commission and the Municipal Public Security Bureau, make a plan of additional carriage capacity to be put into operation each year in light of the market demand and the urban traffic conditions, and submit it to the Municipal Government for approval before implementation.
Article 6 Requirements for Operations
Units engaged in van transportation operations must meet the following requirements:
1. Having parking spaces and business sites appropriate to the operation scale;
2. Having dispatchers and drivers with on-the-job training and due qualifications;
3. Having an appropriate business management system; and
4. Having 50 or more up-to-standard vans.
Article 7 Required Conditions of the Vans
Vehicles used for van transportation must:
1. be of the right type, the right body and the right symbol;
2. have the special license plate issued by the administrative departments of public security and communications;
3. have the technical devices for using liquefied petroleum and natural gas;
4. have a special top light on top of the vehicle body, signifying "Van for Hire" ; and
5. have a uniform taximeter installed in the prescribed position of the vehicle and a driver' s service card placed in the prescribed position;
The specific requirements on the type of vehicle, the body of the vehicle and the vehicle symbol shall be set by the Municipal Communications Office.
Article 8 Application and Its Approval
Operators intending to engage in van transportation shall apply to the Municipal Land Transportation Department, supplying documents and materials certifying the qualifications set forth in Article 6 for preliminary examination, and to the Municipal Communication Office for approval. Then, upon examination and approval, and after obtaining a permit for operation in land transportation, the applicant shall obtain a business license, register for taxation and obtain a special license plate before starting business.
Article 9 Scope of Business
Operators of van for hire shall operate within the ratified scope of business.
Article 10 Alteration and Close of Business
Operators of vans for hire who want to merge or split shall apply to the Municipal Land Transportation Department in advance and complete the same procedures as they had gone through when applying for starting business. Those who want to move to a new place or change their names shall, within ten days after completing procedures of alteration with relevant departments, file the alteration with the Municipal Land Transportation Department for the record.
Operators of van for hire who want to close business shall apply to the Municipal Land Transportation Department in advance and hand in relevant certificates and receipt forms for cancellation. They shall also go to departments of industry and commerce and taxation to complete the procedures for close of business and go to departments of public security for change of vehicle license plate.
Article 11 Annual Examination and Check-up
Operators of van for hire shall submit themselves to the annual examination and check-up of their business qualifications by the Municipal Land Transportation Department. Only those who pass the examination and check-up can engage in the business.
Article 12 Placement of Vehicle Supply Stations
Operators of van for hire who want to set up van supply stations at the airports, train stations, passenger wharves, long distance bus stations, large supermarkets and other goods distributing centers shall apply to the Municipal Land Transportation Department for approval and man as needed the stations with dispatchers and administrators.
Van supply station shall be open to the entire business. The unit that sets it up shall not monopolize sources of goods.
For a van supply station to occupy and use roads, approval must be first obtained from municipal administrative departments of municipal works, public security and traffic.
Article 13 Manner of Service
Operators of van for hire shall, as per service standards of the trade, provide consignors with services of telephone reservation, supply of vehicles at fixed places, prompt supply of vehicles at call, charter, etc. as well as supporting services of loading and unloading.
Article 14 Use and Maintenance of Vans
Operators of van for hire shall use and maintain their vehicles according to the technical standards stipulated by the State and submit themselves to testing of vehicle performance according to the regulations.
Article 15 Retirement of Operating Vans
Operators of van for hire who want to retire their vehicles from service shall complete cancellation procedures with the Municipal Land Transportation Department.
Article 16 Behavior Norms for Drivers
Van drivers shall:
1. keep a clean and tidy appearance, treat the customers with politeness, drive safely and provide civilized service;
2. carry the road transportation certificate in the vehicle and place the driver' s service card at the prescribed place;
3. turn on the top light while driving at night;
4. not deny service to customers;
5. use the taximeter as regulated;
6. charge customers at the stipulated rate and give uniform receipts of the transportation trade;
7. take a rational route or a route requested by the consignor without ever making unnecessary detours on purpose; and
8. wait in line for business at the vehicle supply station and obey the dispatcher' s instructions.
If the driver overcharges the customer up and over the stipulated rate or takes an unnecessary detour on purpose, he/she shall return the overcharge to the consignor.
Article 17 Norms of Conduct for Dispatchers
Van dispatchers shall:
1. wear the dispatcher' s service card, keep a clean and tidy appearance and be civilized and polite;
2. provide customers with vehicles as long as they are available and dispatch vehicles in the order of waiting; and
3. stop the drivers from violating the regulations, such as denying services to customers.
Article 18 Rules on the Carriage of Goods
Operators of van for hire shall neither smuggle dangerous goods in the ordinary goods they undertake to carry nor overload the vehicle.
Article 19 Denial of Service Defined
Any of the following acts on the part of the driver is defined as denial of service:
1. Refusal to carry goods after the vacancy marker is turned on;
2. Refusal to obey the dispatcher' s instructions in the van supply station after the vacancy marker is turned on; or
3. Termination of service midway without justification.
Article 20 Circumstances in Which Refusal to Pay the Freight Schedule Is Justified
The consignor may refuse to pay in any of the following circumstances:
1. The van-for-hire has no meter or the driver does not use the meter according to the regulations, chartered vehicles excepted;
2. The driver fails to execute uniform invoices of the trade;
3. The van-for-hire goes out of order within the minimum freight distance and can not fulfill the contracted service; or
4. Termination of service midway without justification..
Article 21 Regulation of Freight Schedule and Invoices
Operators of van for hire shall follow the provisions of this Municipality on the freight schedule and use uniform invoices of the transportation trade sanctioned by the municipal taxation departments.
Article 22 Report of Statistical Data
Operators of van for hire shall report on statistical data to the Municipal Land Transportation Department as regulated.
Article 23 Training
Van-for-hire operation personnel shall undergo for-the-job training and may take their jobs only with their job-qualification certificates.
Article 24 Management System
Operators of van for hire shall set up a sound operation-management system and a complaint-handling system, and strengthen education in work ethics and in-service training of the employees for their service standards. They shall also impose necessary penalties on those who violate the regulations and disciplines.
Article 25 Complaints
To handle complaints in a timely manner, the Municipal Land Transportation Department shall set up a procedure for accepting and hearing complaints.
Article 26 Penalty
Violations of these Provisions shall be penalized by the Municipal Communications Office, district/county administrative sections of communications as well as the Municipal Land Transportation Department and district/county land transportation sections according to the following:
1. Van-for-hire operators without approval are enjoined from their business activities and their unlawful income confiscated. In addition, a fine of one to three times the amount of unlawful income or a fine of 2,000 to 20,000 yuan inclusive may be imposed;
2. Those who engage in van-for-hire operations beyond the scope ratified are penalized by confiscation of their unlawful income and, in light of the seriousness of the offense, by a warning, suspension of business for rectification, or suspension or revocation of their road transportation operation permit. In addition, a fine of 500 to 10,000 yuan inclusive may be imposed;
3. Those who fail to complete procedures for alteration or close of business according to the regulations shall be given a warning. In addition, a fine of 500 to 1,000 yuan inclusive may be imposed;
4. Those who fail to complete procedures of annual examination and check-up in good time limit are warned against. In addition, a fine of 1,000 to 3,000 yuan inclusive may be imposed. Serious offenders are enjoined to suspend business for rectification or penalized by revocation of their road transportation operation permit.
5. Those who do not use or maintain their vehicles or do not submit themselves for vehicle performance test according to the regulations are enjoined to rectify. In serious cases, their road transportation operation permit shall be suspended and an additional fine of 100 to 2,000 yuan inclusive for each vehicle may be imposed;
6. Those who smuggle dangerous or perishable goods, or goods liable to spill or leak in ordinary goods carried are warned against. In addition, a fine of 100 to 2,000 yuan inclusive may be imposed;
7. Those who fail to submit timely reports on statistical data in accordance with the regulations shall be enjoined to rectify and be given a warning. In addition, a fine of 100 to 500 yuan inclusive may be imposed. In serious cases, the offenders are enjoined to suspend their business for rectification; or
8. Those who let their employees take their posts without training or a certificate of qualifications must be warned, and/or subjected to a fine of 100 to 2,000 yuan inclusive.
Article 27 Penalty
Violations of these Provisions are subject to penalties by the Municipal Communications Office and district/county administrative sections of communications according to the following:
1. Retiring a van from van-for-hire service without due procedures therefor, an operator is subject to rectification and, discretionarily, to a fine of 500 to 1,000 yuan inclusive;
2. Failing to use price-meter as regulated, a driver is subject to a fine of 200 to 2,000 yuan inclusive;
3. For denial of service, a driver is subject to a fine of 200 yuan;
4. For any intended unnecessary detour, a driver is subject to a fine of 100 to 1,000 yuan inclusive;
5. For haphazard and wayward solicitation of business against the instructions of a competent dispatcher, a driver is subject to a fine of 50 to 200 yuan inclusive; or
6. For failure to display his/her service card as regulated, a driver is subject to a fine of 50 yuan.
The Municipal Communications Office may delegate the Municipal Land Transportation Department, and district/county transportation administrative sections may delegate their respective district/county land transportation sub-sections to implement the administrative penalties under the preceding paragraph.
Article 28 Applicability of General Prescriptions on Freight Transportation
As to matters not covered by these Provisions, the laws, regulations and rules of the State and this Municipality on the administration of road transportation are applicable.
Article 29 Date of Implementation
These Provisions shall become effective on August 1, 1999.