The general rules for the interim management of the network car business will be officially implemented from November 1

On November 1st, the new rules for the network will be officially implemented. In accordance with the requirements of the "Interim Measures for the Administration of Online Booking of Taxi Management Services", all localities have issued drafts of the guidelines for the management of network vehicles.

It is reported that the drafts of the vehicles for the North, Shanghai, Guangzhou, and Shenzhen have been issued. Among them, the biggest difference between the local rules is that there are different restrictions on the driver's household registration, vehicle license, vehicle displacement and wheelbase.

A few months ago (July 28), the Ministry of Transport and other seven ministries and commissions jointly promulgated the "Interim Measures for the Administration of Network Appointment of Taxi Management Services" to clarify the legal status of the network car.

The Interim Measures for the Administration of Network Appointment of Taxi Management Services was approved by the 15th Ministry of Transport of the Ministry of Transport on July 14, 2016, and passed the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Commerce, the State Administration for Industry and Commerce, and the Quality Inspection Department. The General Administration and the State Administration of the Internet have agreed to do so and will implement it from November 1, 2016.

Minister of Transportation Yang Chuantang

Minister of Industry and Information Technology, Miao Wei

Minister of Public Security Guo Shengyu

Minister of Commerce Gao Hucheng

Director of the State Administration of Industry and Commerce Zhang Mao

Director of the General Administration of Quality Supervision, Inspection and Quarantine

Xu Lin, Director of the National Network Office

July 27, 2016

The first one is to better meet the diversified travel needs of the public, promote the development of the taxi industry and the Internet, regulate the online booking of taxi operating services, ensure operational safety and the legitimate rights and interests of passengers, and formulate according to relevant national laws and administrative regulations. These measures.

Article 2 These rules shall be observed in the operation of the network to reserve taxis (hereinafter referred to as the network car).

The term "network car operation service" as used in these Measures refers to the construction of a service platform based on Internet technology, integration of supply and demand information, use of qualified vehicles and drivers, and provision of non-parade appointments for taxi service business activities.

The network reservation taxi operator (hereinafter referred to as the network car platform company) referred to in these Measures refers to the enterprise legal person who constructs the network service platform and engages in the network car service.

Article 3: Adhere to the priority of developing urban public transportation and moderately develop taxis. In accordance with the principle of high-quality services and differentiated operations, the network will be developed in an orderly manner.

The net car fare price is subject to market adjustment price, except for the city people's government that it is necessary to implement the government guidance price.

Article 4 The competent department of transportation under the State Council shall be responsible for guiding the management of the national network car.

Under the leadership of the people's government at the same level, the competent transportation departments of the people's governments of the provinces and autonomous regions shall be responsible for guiding the management of the internal vehicles in their respective administrative areas.

The municipal or county-level transportation administrative department of the municipality or district, or other administrative departments of taxis designated by the people's government (hereinafter referred to as the administrative department of taxis) shall be responsible for the specific implementation of the management of the network-related vehicles under the leadership of the people's government at the same level.

Other relevant departments shall implement relevant supervision and management of the networked vehicles in accordance with their statutory duties.

Article 5 Anyone who applies for the operation of an online car shall have the ability to serve online and offline, and meet the following conditions:

(1) Having the qualification of corporate legal person;

(2) It has the Internet platform for carrying out network-based car operation and the information data interaction and processing capability suitable for the business to be carried out. It has the relevant regulatory departments for transportation, communication, public security, taxation, and network information to obtain relevant network data according to law. The conditions of the information, the network service platform database is connected to the supervision platform of the taxi administrative department, and the server is set up in the Chinese mainland, and there are compliant network security management systems and security protection technical measures;

(3) Where electronic payment is used, an agreement shall be signed with the bank or non-bank payment institution to provide payment and settlement services;

(4) having a sound management system, a safe production management system and a service quality guarantee system;

(5) having corresponding service organizations and service capabilities in the service location;

(6) Other conditions stipulated by laws and regulations.

In addition to meeting the above conditions, foreign-invested network-operated vehicles shall also comply with the relevant laws and regulations of foreign investment.

Article 6 If an application is made to engage in the operation of an online car, the application shall be submitted to the corresponding administrative department of the taxi car according to the operation area, and the following materials shall be submitted:

(1) An online reservation for the rental business application form (see attachment);

(2) The identity of the investor, the person in charge, the certificate of credit and its copy, the identity certificate of the manager and its copy and power of attorney;

(3) The business license of an enterprise legal person, which belongs to a branch, shall also submit a business license, and the foreign-invested enterprise shall also provide a foreign-invested enterprise approval certificate;

(4) Information such as office space, responsible personnel and management personnel at the place where the service is located;

(5) Proof materials with Internet platform and information data interaction and processing capabilities, and possessing certification materials for traffic, communication, public security, taxation, and network information and other relevant regulatory departments to obtain relevant information on the relevant network data and information, and database access conditions. Explain the fact that the server is set up in the Chinese mainland, and establish and implement the certification materials for the network security management system and security protection technical measures in accordance with the law;

(6) Where electronic payment is used, a payment settlement service agreement signed with the bank or non-bank payment institution shall be provided;

(7) The text of the operation and management system, the safety production management system and the service quality assurance system;

(8) Other materials required by laws and regulations.

For the first time engaged in the operation of an online car, the corresponding administrative department of the taxi in the place where the enterprise is registered shall submit an application. The relevant online service capability materials in items (5) and (6) of the preceding paragraph shall be registered at the provincial level by the network car platform company. The competent department of transportation shall review and confirm the departments of communication, public security, taxation, network information, and the People's Bank of China at the same level, and provide corresponding recognition results. The results of the determination shall be valid nationwide. If the network car platform company applies for the operation of the network car outside the place of registration, it shall submit the results of the online service capability determination in items (5) and (6) of the preceding paragraph.

Other offline service capability materials shall be reviewed by the administrative department of taxis that accepts the application.

Article 7 The administrative department of taxis shall make a decision on permission or disapproval within 20 days from the date of acceptance. If a decision cannot be made within 20 days, it may be extended for 10 days upon approval by the person in charge of the implementing agency, and the applicant shall be informed of the reasons for the extension.

Article 8 If the administrative department of taxis makes an administrative license decision for an application for the operation of an online car, it shall specify the scope of business, the area of ​​operation, the period of operation, etc., and issue the “Network Appointment Taxi Business License”.

Article 9 If the administrative department of taxis makes a decision not to grant an administrative license to an application that does not meet the prescribed conditions, it shall issue a "Decision of No Administrative License" to the applicant.

Article 10 The network car platform company shall conduct relevant business only after obtaining the corresponding “Network Appointment Taxi Business License” and applying to the provincial-level communications authority of the enterprise registration area for the filing of the Internet information service. The contents of the record include the real identity information of the operator, the access information, and the “Network Appointment Taxi Business License” issued by the administrative department of taxis. Involving the operation of telecommunications services, it shall also comply with the relevant provisions of telecommunications management.

The network car platform company shall, within 30 days from the date of the official connection of the network, go through the filing formalities with the receiving authority designated by the public security organ of the provincial people's government where the network car platform company management operation organization is located.

Article 11 If the network car platform company suspends or terminates the operation, it shall give a written report to the taxi administrative department at the place where the service is located 30 days in advance, explain the relevant situation, notify the owner and driver of the vehicle providing the service, and make an announcement to the public. In case of termination of business, the corresponding "Network Appointment Taxi Business License" shall be returned to the original licensing authority.

Article 12 A vehicle that is intended to engage in the operation of an online car shall meet the following conditions:

(1) Passenger cars of 7 seats and below;

(2) installing a satellite positioning device and an emergency alarm device with a driving record function;

(3) The technical performance of the vehicle meets the requirements of relevant standards for operational safety.

The specific standards and operational requirements of the vehicle shall be determined by the corresponding administrative department of the taxi in accordance with the development principles of high-quality services and differentiated operations, combined with local actual conditions.

Article 13 The administrative department of taxis at the place where the service is located shall apply to the owner of the vehicle or the network car platform company, and after the conditions as stipulated in Article 12, the network reservation shall be issued for vehicles that meet the conditions and are registered as reserved passengers. Taxi Transport Certificate.

The Municipal People's Government shall stipulate otherwise the provisions for the issuance of the "Network Appointment Taxi Transport Certificate" for the network car.

Article 14 Drivers engaged in network car service shall meet the following conditions:

(1) Obtaining the driver's license for the corresponding driving model and having more than 3 years of driving experience;

(2) No traffic accidents, dangerous driving crime records, no drug use records, no driving record after drinking, and no record of 12 minutes in the last 3 consecutive scoring cycles;

(3) Record of non-violent crimes;

(4) Other conditions stipulated by the urban people's government.

Article 15 The municipal-level taxi administrative department in the district where the service is located shall apply for the driver according to the conditions specified in Article 14 and after the assessment according to the conditions specified in Article 14 Member, issued the "Network Appointment Taxi Driver's License".

Article 16 The network car platform company shall bear the carrier's responsibility and shall ensure the operation safety and protect the legitimate rights and interests of the passengers.

Article 17 The network car platform company shall ensure that the service vehicles have legal operating qualifications, good technical conditions, reliable safety performance, and insurance related to operating vehicles, ensuring that the vehicles providing services on the line are consistent with the vehicles actually providing services under the line. And report the relevant information of the vehicle to the administrative department of taxis at the place where the service is located.

Article 18 The network car platform company shall ensure that the driver providing the service has legal employment qualifications, and in accordance with the relevant laws and regulations, according to the characteristics of working hours and service frequency, sign various forms of labor contracts or agreements with the driver, clearly The rights and obligations of both parties. The network car platform company shall maintain and protect the legitimate rights and interests of the driver, and carry out pre-job training and daily education on relevant laws and regulations, professional ethics, service standards, and safety operations to ensure that the drivers and services provided by the online service are provided offline. The driver of the service is consistent, and the driver's relevant information is reported to the taxi administrative department of the service location.

The network car platform company shall record the information content, user registration information, identity authentication information, order log, online log, online transaction log, driving track log and other data released by the driver and the car owner on its service platform and back up.

Article 19 The network car platform company shall announce the metering method that determines the compliance with the relevant national regulations, clarify the service items and quality commitments, establish a service evaluation system and passenger complaint handling system, and collect and record driver service information truthfully. Provide drivers' names, photos, mobile phone numbers and service evaluation results, as well as vehicle licenses and other information when providing online car service.

Article 20 The network car platform company shall reasonably determine the freight rate of the network car, implement the price tag, and provide the corresponding taxi invoice to the passenger.

Article 21 The network car platform company shall not impede fair competition in the market and shall not infringe upon the legitimate rights and interests of passengers and the public interest.

The network car platform company may not have the right to exclude competitors or monopolize the market, operate at a price lower than the cost to disrupt the normal market order, damage the national interests or the legitimate rights and interests of other operators, and may not have price violations.

Article 22 An online car shall engage in business activities within the licensed business area. If it exceeds the licensed business area, the starting point shall be within the licensed business area.

Article 23 The network car platform company shall pay taxes according to law, purchase carrier liability insurance and other related insurance for passengers, and fully protect the rights and interests of passengers.

Article 24 The network car platform company shall strengthen safety management, implement safety precautions such as operation and network, strictly protect data security protection and management, improve safety prevention and anti-risk capabilities, and support relevant departments to carry out related work.

Article 25 The network service platform company and the driver shall provide the operation services in accordance with the relevant national operational service standards. They shall not hack on the way or deliberately detour, and shall not charge fees in violation of regulations, and shall not report or complain about the quality of their services or make their services. Passengers who are dissatisfied with the evaluation perform retaliation.

Article 26 Net car platform companies shall inform the purpose, manner and scope of the collection and use of personal information such as drivers, car owners and passengers in a conspicuous manner through their service platforms. Without the express consent of the information subject, Netcom Platform Company may not use the aforementioned personal information for other business.

The network car platform company collects the personal information of the driver, the car owner and the passenger, and must not exceed the scope necessary to provide the network car business.

Except for the state organs to exercise supervision and inspection rights or criminal investigation rights in accordance with the law, the network car platform company shall not provide the name, contact information, home address, bank account or payment account, geography of the driver, car and passengers to any third party. Personal information such as location, travel routes, etc., shall not disclose sensitive information related to national security such as geographic coordinates and geographical indications. After the information leakage occurs, the network car platform company shall promptly report to the relevant competent department and take timely and effective remedial measures.

Article 27 The network car platform company shall abide by the relevant provisions of the national network and information security. The personal information collected and the business data generated shall be stored and used in the Chinese mainland, and the retention period shall be no less than 2 years, except for laws and regulations. Unless otherwise specified, the above information and data shall not be allowed to flow out.

The network car platform company shall not use its service platform to publish information prohibited by laws and regulations, and shall not facilitate the publication of harmful information by enterprises, individuals and other groups and organizations, and take effective measures to filter and block the spread of harmful information. If others discover that they use their network service platform to disseminate harmful information, they shall immediately stop the transmission, save the relevant records, and report to the relevant state authorities.

The network car platform company shall, in accordance with the law, provide the necessary technical support and assistance for the public security organs to carry out national security work according to law and prevent and investigate illegal and criminal activities.

Article 28 Any enterprise or individual shall not provide information to the vehicles and drivers that have not obtained legal qualifications to carry out the network car business services. It is not possible to provide online car management services in the name of private car rides.

Online car vehicles and drivers are not allowed to provide operational services through a network service platform that does not have a business license.

Article 29 The administrative department of taxis shall construct and improve the government supervision platform to realize information sharing with the network car platform. The shared information should include vehicle and driver basic information, quality of service, and passenger evaluation information.

The administrative department of taxis shall strengthen the supervision of the online car market and strengthen the qualification review and certificate management of the network car platform companies, vehicles and drivers.

The administrative department of taxis shall regularly organize the evaluation of the quality of the network car service, and promptly announce to the public the basic information of the network car platform company in the region, the results of service quality assessment, and the handling of passenger complaints.

The administrative department of the taxi car, the public security department and other departments have the right to retrieve relevant data information such as registration, operation and transaction of the network car platform company within the jurisdiction according to the management needs.

Article 30 The competent communications department and the public security and network information departments shall, in accordance with their respective duties, illegally collect, store, process and utilize relevant personal information, violate the relevant provisions of the Internet information service, and endanger the network and information security and application to the network car platform company. The network car service platform publishes harmful information or facilitates the release of harmful information by enterprises, individuals and other organizations, and investigates and deal with it according to law, and cooperates with the administrative department of taxis to carry out the law on the network car platform company that is found to be in violation of laws and regulations. Dispose of.

Public security organs and network information departments shall, in accordance with their respective duties, supervise and inspect the implementation of network security management systems and security protection technical measures, and prevent and investigate relevant criminal activities.

Article 31: Development and reform, price, communication, public security, human resources and social security, commerce, the People's Bank of China, taxation, industry and commerce, quality inspection, and network information shall, in accordance with their respective duties, implement relevant supervision and inspection on the operation of the network car. And deal with illegal acts in accordance with the law.

Article 32 All relevant departments shall establish the credit record of the network car platform company and the driver in accordance with their duties, and incorporate them into the national credit information sharing platform. At the same time, the credit information such as administrative license and administrative penalty of the network car platform company will be publicized on the national enterprise credit information publicity system.

Article 33 The organization of the taxi industry association shall establish a system of bad record lists for the network car platform companies and drivers, and strengthen the self-discipline of the industry.

Article 34 Anyone who violates these Provisions and commits one of the following acts shall be ordered to make corrections by the administrative department of taxis at or above the county level, and shall be given a warning and imposed a fine of not less than 10,000 yuan but not more than 30,000 yuan; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Failing to engage in business operations or engaging in network business activities in disguise without obtaining a business license;

(2) Forging, altering or using the forged, altered or invalid "Network Appointment Taxi Transport Certificate" and "Network Appointment Taxi Driver's License" to engage in network car business activities.

Article 35 If an online car platform company violates these regulations and has one of the following acts, the administrative department of the taxi car at the county level or above and the competent department of price shall make corrections in accordance with the duties and responsibilities, and impose a 5,000 yuan or more for each illegal act. The following fines are imposed; if the circumstances are serious, a fine of 10,000 yuan to 30,000 yuan is imposed:

(1) The service vehicle has not obtained the “Network Appointment Taxi Transport Certificate”, or the online service vehicle is inconsistent with the actual service vehicle provided offline;

(2) Providing the service driver did not obtain the "Network Appointment Taxi Driver's License", or the online service driver is inconsistent with the actual offline service driver;

(3) failing to ensure that the technical condition of the vehicle is in good condition;

(4) The starting points are not engaged in the operation of the network car business in the licensed business area;

(5) failing to report the information on the vehicles and drivers providing the services to the administrative department of the taxi at the place where the service is located;

(6) failing to formulate service quality standards in accordance with regulations, and establish and implement a system for complaints and reports;

(7) failing to provide shared information in accordance with the regulations, or failing to cooperate with the administrative department of taxis to obtain relevant data information;

(8) Failure to perform management responsibilities, such as hacking, deliberate detours, illegal charges, etc., which seriously violate the relevant national operational service standards.

If the network car platform company no longer has the online and offline service capability or has serious illegal activities, the administrative department of taxis at or above the county level shall be ordered to suspend business for rectification and revoke the relevant licenses in accordance with the relevant provisions of relevant laws and regulations.

Article 36 If the driver of a network car violates these regulations and has one of the following circumstances, the administrative department of the taxi car at the county level or above and the competent department of price shall make corrections in accordance with the duties and responsibilities, and impose a fine of 50 yuan or more for each illegal act. The following fines:

(1) failing to carry the "Network Appointment Taxi Transport Certificate" and "Network Appointment Taxi Driver's License" in accordance with the regulations;

(2) hacking on the way or deliberately detouring;

(3) charging for violations;

(4) Retaliation against passengers who report, complain about the quality of their services or make unsatisfactory evaluations of their services.

If the driver of the network car no longer has the conditions for employment or has serious illegal activities, the administrative department of taxis at or above the county level shall revoke or revoke the qualification certificates in accordance with the relevant provisions of relevant laws and regulations.

The administrative penalty information for the driver of the network car is included in the credit history of the driver and the network car platform company.

Article 37 If the network car platform company violates the relevant provisions of Articles 10, 18, 26 and 27 of these Provisions, the network information department, the public security organ and the competent communications department shall, in accordance with their respective duties, comply with the relevant laws and regulations. Penalties shall be imposed; if losses are caused to the main body of information, civil liability shall be borne according to law; if suspected of committing a crime, criminal responsibility shall be investigated according to law.

If the network car platform company and the network car driver illegally use or disclose the personal information of the car owner or passenger, the public security, network information and other departments shall impose a fine of 2,000 yuan or more and 10,000 yuan or less according to their respective duties; He shall bear civil liability according to law; if he is suspected of committing a crime, he shall be investigated for criminal responsibility according to law.

If the network car platform company refuses to perform or refuses to comply with the requirements for the public security organs to carry out national security work according to law, and provides technical support and assistance in preventing or investigating illegal criminal activities, the public security organs shall impose penalties according to law; if they constitute a crime, they shall be investigated for criminal responsibility according to law.

Article 38 The sharing of private passenger cars, also known as carpooling and windmills, shall be carried out in accordance with the relevant provisions of the Municipal People's Government.

Article 39 When the mileage of an online car reaches 600,000 kilometers, it is compulsory. When the mileage has not reached 600,000 kilometers but the service life has reached 8 years, the network is about to operate.

Small and micro non-operating passenger cars registered as scheduled rental passengers shall be scrapped according to the standards for the scrapping of vehicles. Other small and micro-operated passenger vehicles registered as scheduled rental passengers shall be scrapped according to the standards first met in this type of operating passenger car scrapping standards and net car scrapping standards.

The relevant departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in light of the actual conditions of the locality, formulate specific provisions for the standards for scrapping the vehicles of the network, and report them to the departments of the State Council for business, public security, transportation, etc. for the record.

Article 40 These Measures shall be implemented as of November 1, 2016. All localities may formulate specific implementation rules in accordance with these measures in conjunction with local actual conditions.

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