Several Provisions of Shanghai Municipality on the Administration of Online Taxi Booking Business Operations and Services

(Promulgated by Decree No. 48 of Shanghai Municipal People's Government on December 21, 2016; amended for the first time by Decree No. 14 of Shanghai Municipal People's Government on December 25, 2024)

Article 1 (Purpose and Basis)

With a view to implementing the Guidelines of the General Office of the State Council on Deepening the Reform and Promoting the Healthy Development of the Taxi Industry, regulating the operation and service of online taxi booking, ensuring operation safety and protecting the legitimate rights and interests of consumers, these Provisions are formulated in accordance with relevant laws and rules.

Article 2 (Scope of Application)

These Provisions shall apply to the operation, service and related management activities for the online taxi booking (hereinafter referred to as "OTB") in this Municipality.

Article 3 (Development Principles)

The principles of management in line with laws, green environment, safe operation, fair competition and protection of consumers' rights and interests shall be followed in development of OTB sector.

Article 4 (Tariffs)

Market price adjustment shall be implemented for transport of online booked taxis in this Municipality.

Article 5 (Administrative Departments)

The municipal traffic administrative department is the competent administrative department of the OTB sector in this Municipality and is responsible for the specific management and supervision of the OTB sector.

The municipal public security, human resources and social security, development and reform, economy and environment, taxation, market regulation, commerce, economy and informatization, local finance, network information and the state communication department, the state insurance supervision department in Shanghai shall execute relevant supervision in accordance with their respective duties and functions.

Article 6 (OTB Platform Requirements)

Those who apply for OTB operations and services shall have online and offline service capabilities. In addition to conformity with the specific conditions of the Interim Measures for the Administration of Online Taxi Booking Business Operations and Services (Hereinafter referred to as the "Measures"), the following regulations shall be met:

1. Data of the network service platform shall be accessed to the industry regulatory platform, supervised by the municipal traffic administrative department;

2. Possession of office occupancy, service outlets and managerial personnel that fit the number of registered vehicles and drivers; 

3. And insured liability insurance of the carrier.

Article 7 (Application Material for OTB Platform)

Those who apply for OTB operation and service shall submit the following documents, in addition to the information submitted in line with the Measures to the municipal traffic administrative department:

1. authentification report on the results of online service capability issued by the competent provincial transportation department at the place of registration; 

2. and information regarding the office venue, service outlets and managerial personnel etc.

If the information prescribed in Item 2 of the preceding Paragraph changes, OTB platform operators shall promptly report to the municipal traffic administrative department.

Article 8 (Conditions for OTB Vehicles)

Vehicles that operate in this Municipality for OTB services shall meet the following requirements in addition to the Measures:

1. registration in this Municipality;

2. meeting with the motor vehicle registration emission standards prescribed by this Municipality;

3. wheelbase of the vehicle over 2600 millimeters;

4. passing the environmental protection and safety performance testing for commercial vehicles;

5. commercial traffic liability compulsory insurance, business third party liability insurance and passenger accident insurance insured;

6. installation of standard fixed-vehicle satellite positioning devices, data accession to the industry monitoring platform; 

7. and installation of emergency alarming device to send alarming message to the public security organs.

Article 9 (Conditions of OTB Drivers)

The drives engaged in the municipal OTB operation and service shall meet the following requirements in addition to the Measures:

1. residence registration in this Municipality;

2. less than 5 road traffic safety violations in driving a motor vehicle within 1 year prior to the date of application; 

3. and no revocation record of the qualification certificate of the taxi industry within 5 years before the date of application.

Article 10 (License Validity Period)

The municipal traffic administrative department that makes administrative licensing decisions shall issue "operation license for online taxi booking" valid for 3 years to platform operators of OTB; issue "transport permit for online taxi booking", valid for 3 years to the vehicles; issue "driver's license for online taxi booking", valid for 3 years to the drives.

Article 11 (Application Restrictions on OTB Vehicles)

An individual with "driver's license for online taxi booking" is limited to apply one vehicle for engagement in OTB operation.

Except for the taxi and bus rental operators, all the vehicles of other units shall not be applied for operation of OTB.

The vehicles of taxi and bus rental operators and the drivers engaged in OTB operation shall comply with the Article 8 and Article 9 of these Provisions, and apply to the municipal traffic administrative department for the relevant documents.

Article 12 (Prohibition of Cross-industry Operation)

The Online booked taxis and cruising taxis (hereinafter referred to as the "cruisers") shall not exceed the approved range of operations.

Article 13 (Tariffs and Taxes)

OTB platform operators shall strictly enforce the provisions of the marked price for the online service platform, notify the service items, tariffs, and the ways of complaints in an accurate and timely manner at the conspicuous location of the operation venue, with no charges taken for any notification. The municipal electronic or paper taxi invoice shall also be provided.

OTB platform operators and the drivers shall pay taxes to the municipal taxation department according to the law.

Article 14 (Liability of OTB Platforms)

OTB platform operators shall assume the compensation in advance to the passengers in case that accident happens to the online booked taxis.

OTB platform operators shall enter into a labor contract or agreement with the drivers. Once a labor relationship is established, a written labor contract shall be concluded and social insurance premiums shall be paid according to the laws.

When signing other agreement, it shall include the accident protection provisions for the drivers during the operation period.

Article 15 (Personal Information Protection)

OTB platform operators shall, through its service platform, notify, in a prominent manner, the purpose, pattern and range of collection and usage of personal information such as the driver, the calling person and the passenger. Without the consent of the information owner, the online platform shall not use the aforementioned personal information for other businesses.

The personal information about the driver, the calling person and the passenger collected by the platform operators shall not exceed the range necessary for the OTB services.

Except for coordination with the state organs to exercise supervision and inspection or criminal investigation in accordance with the law, OTB platform operators shall not provide to any third party with the name, contact information, home address, bank account or payment account of the driver, calling person and passenger, as well as the geographical location, travel routes and other personal information, nor to disclose geographic coordinates, geographical indications and other sensitive information of national security. After the occurrence of information disclosure, the platform operators shall promptly report to the relevant competent authorities, and take timely and effective remedial measures.

Article 16 (Network Information Security)

OTB platform operators shall abide by the relevant provisions of the national network and information security, store and use the collected personal information and the generated business data only in mainland China, with the preservation period of not less than 2 years. Unless otherwise provided in laws and rules, the above information and data shall not flow out.

OTB platform operators shall not use the service platform to release information prohibited by laws and rules, nor offer convenience to enterprises, individuals and other groups, organizations to facilitate the dissemination of harmful information, and shall take effective measures to block the dissemination of harmful information. If dissemination of harmful information by its online service platform is discovered, OTB platform operators shall immediately stop the transmission, keep relevant records and report to the relevant state organs.

OTB platform operators shall, in accordance with the law, provide the necessary technical support and assistance for the public security organ to implement the national security work, conduct prevention and investigation of criminal activities according to the law.

Article 17 (Standards for Operation Service)

OTB platform operators shall abide by the following provisions:

1. Maintaining the vehicle-mounted satellite positioning devices and emergency alarm devices in accordance with relevant provisions; 

2. And in case of releasing the call information of cruising taxis within the areas of airports and railway stations, the pick-up point should be located in the dedicated area or point for ride hailing services at the airport or train station.

OTB drivers shall comply with the following provisions:

1. Not dismantling, damaging or shielding a vehicle-mounted satellite positioning device;

2. Not installing the meter of cruising taxi, or dome light and other special facilities, equipment;

3. Not cruising to take in passengers;

4. Not handing over the vehicles to other persons to engage in the OTB operation;

5. Those who receive ride hailing information from airports or train stations should pick up passengers in dedicated areas or points for ride hailing services at the airport or train station; 

6. And cooperating with traffic law enforcement officers to carry out law enforcement inspection.

Article 18 (OTB Platform Requirements)

OTB platform operators shall establish a management system for vehicles and drivers and take measures such as suspension of business undertaking and cancellation of the platform registration, in line with the requirements of the municipal traffic administrative department and in accordance with the relevant management provisions, to the drivers that cause significant safety accidents and infringe the interests of passengers and disrupt operational order.

Article 19 (Administrative Supervision)

The municipal traffic administrative department shall regularly organize evaluation on the OTB service quality and publicize the basic information of the platform operators, the results of service quality examination, the handling of passenger complaints, and the resolving of illegal acts.

The credit information of the OTB platform operators and their drivers shall be included in the municipal public credit information service platform.

The traffic and public security departments of this Municipality shall have the right to access and check the relevant data information such as vehicle registration, driver registration, operation and transaction within the jurisdiction scope in line with the management requirements.

Communications management departments and public security, network information departments shall, in accordance with their respective duties and functions, and according to the law, investigate and punish the acts of the OTB platform operators that illegally collect, store, process and utilize personal information, violate the relevant provisions of Internet information services, endanger network and information security, and publish harmful information or offer convenience to enterprises, individuals and other organizations in releasing harmful information, and, in coordination with the traffic administrative department, dispose the OTB platform operators that are confirmed to make illegal acts in violation of laws and rules.

The public security and network information departments shall, in accordance with their respective duties and functions, supervise and inspect the implementation of the network security management system and technical measures of security protection to prevent and punish the relevant criminal activities.

Article 20 (Territorial Services)

The municipal traffic administrative shall formulate the management measures of territorial jurisdiction on the OTB vehicles and the drivers. All district traffic administrative departments may be entrusted by the municipal traffic administrative department to provide application acceptance and other services for the OTB drivers within their jurisdictions.

Article 21 (Penalties to OTB Platform Operators)

The OTB platform operators that conduct one of the following acts in violation of these Provisions shall be ordered for correction and be imposed a fine of not less than 5,000 yuan but not more than 30,000 yuan by the municipal traffic administrative department:

1. failing to maintain the vehicle-mounted satellite positioning device or emergency alarm device in violation of the provisions of Item 1, Paragraph 1 of Article 17;

2. failing to locate the pick-up point in the dedicated area or point for ride hailing services at the airport or train station in violation of the provisions of Item 1, Paragraph 2 of Article 17; 

3. and failing to establish or implement the vehicle and driver management system in violation of the provisions of Article 18.

If the violation of laws, rules and regulations by the OTB platform operator is serious, the municipal traffic administrative department shall order it to make rectification within a prescribed time limit, and suspend the registration acceptance for new vehicles and drivers.

Article 22 (Penalties to OTB Drivers)

The OTB drivers that conduct one of the following acts in violation of these Provisions shall be ordered for correction and be imposed a fine of not less than 200 yuan but not more than 500 yuan by the municipal traffic administrative department:

1. dismantling, damaging or shielding a vehicle-mounted satellite positioning device in violation of the provisions of Item1, Paragraph 2 of Article 17;

2. installing special equipment and meter of the cruising taxi, dome light, etc. in violation of the provisions of Item 2, Paragraph 2 of Article 17;

3. cruising to take in passengers in violation of the provisions of Item3, Paragraph 2 of Article 17;

4. handing over the vehicle to another person to engage in the OTB operation service in violation of the provisions of Item 4, Paragraph 2 of Article 17;

5. failing to pick up passengers in dedicated areas or points for ride hailing services at the airport or train station in violation of the provisions of Item 5, Paragraph 2 of Article 17; 

6. and refusing to cooperate with traffic law enforcement personnel to carry out law enforcement inspection in violation of the provisions of Item 6, Paragraph 2 of Article 17.

Article 23 (Punishment of Illegal Passenger Transport)

The OTB platform operators and drivers that violate the provisions of the Several Provisions of Shanghai Municipality on Investigating and Punishing the Illegal Engagement in Passengers' Transport Service and the Measures of Shanghai Municipality on Investigating and Punishing the Illegal Engagement in Passengers' Transport Service shall be posed administrative penalties for compulsory execution.

Article 24 (Effective Date)

These Provisions shall be effective as of the date of promulgation.