Regulations of Shanghai Municipality on Road Transport Administration

(May 14, 2020)

Contents

Chapter I  General Provisions

Chapter II  Basic Administration

Chapter III  Administration of Passenger Transport and Freight Transport

Chapter IV  Administration of Motor Vehicle Maintenance and Testing

Chapter V  Administration of Other Related Business

Chapter VI  Legal Liabilities

Chapter VII  Supplementary Provisions

Chapter I General Provisions

Article 1

With a view to maintaining the order of the road transport market, ensuring road transport safety, protecting the legitimate rights and interests of all parties of road transport, and promoting the sound development of road transport business, these Regulations are formulated in accordance with the Road Transport Regulations of the People’s Republic of China and in light of the actual circumstances of this Municipality.

Article 2

These Regulations apply to road transport business operations and related administrative activities within the administrative areas of this Municipality. Road transport business operations as mentioned in the preceding paragraph include operation of road passenger transport (hereinafter referred to as passenger transport operation), operation of road freight transport (hereinafter referred to as freight transport operation) and other business activities related to road transport. Passenger transport operation includes scheduled inter-province passenger transport lines, passenger transport by chartered vehicles and tourists transport. Business activities related to road transport include operations of road passenger transport stations/centers (hereinafter referred to as passenger transport stations), road freight transport stations/depots (hereinafter referred to as freight transport stations), motor vehicle maintenance service, training of motor vehicle drivers, comprehensive motor vehicle performance inspection and testing, public parking lots/garages, and road freight transport agencies.

These Regulations do not apply to the administration of public passenger transport of buses, trolley-buses and taxis of this Municipality.

Article 3

The municipal transportation administrative department is the competent department of the road transport administration in this Municipality, in charge of organizing the implementation of these Regulations. Shanghai Municipal Urban Transport Administrative Division (hereinafter referred to as the Municipal Transport Administrative Division) and Shanghai Urban Traffic Administrative Enforcement Corps (hereinafter referred to as the Municipal Traffic Enforcement Corps) under the municipal transportation administrative department are the municipal road transport administrative organs. The Municipal Transport Administrative Division shall be responsible for the routine road transport administrative work in this Municipality and take direct control of routine administration and supervision of road transport in the districts of Huangpu, Xuhui, Changning, Jing’an, Putuo, Hongkou and Yangpu; and the Municipal Traffic Enforcement Corps shall be responsible for supervision and inspection of road transport in this Municipality, and for enforcing administrative punishment according to the Road Transport Regulations of the People’s Republic of China and the provisions of these Regulations.

The transportation administrative departments of Pudong New Area and the districts of Minhang, Baoshan, Jiading, Jinshan, Songjiang, Fengxian, Qingpu and Chongming shall be responsible for organizing and leading the road transport administrative work within the jurisdiction of their respective administrative area. The district road transport administrative organs under the district transportation administrative departments shall be responsible for road transport administrative work within the jurisdiction of their respective administrative area in accordance with their defined responsibilities, and for enforcing administrative punishment according to the Road Transport Regulations of the People’s Republic of China and the provisions of these Regulations.

Related administrative departments of this Municipality shall cooperate in implementing these Regulations in accordance with their respective responsibilities.

Article 4

The municipal transportation administrative department shall formulate road transport development plans and work out plans for various specialized transport systems in accordance with legal procedures and in the light of the needs of the economic and social development of this Municipality, which shall be incorporated into this Municipality’s national economic and social development plans and its overall planning.

Chapter II Basic Administration

Article 5

Those who engage in passenger transport operation, freight transport operation, operation of passenger transport stations, operation of freight transport stations, motor vehicle maintenance service, or training of motor vehicle drivers shall meet the required qualifications for their specific business as prescribed by the State. The professional standards and technical criteria therein may be formulated by the municipal transportation administrative department jointly with other departments concerned and shall be made public.

Those who want to engage in passenger transport or the training of motor vehicle drivers shall submit an application to the municipal transportation administrative department; Those who want to engage in commercial transport of dangerous goods shall submit an application to the Municipal Transport Administrative Division; Those who want to engage in freight transport, operation of passenger transport stations, operation of freight transport stations, or motor vehicle maintenance service other than commercial transport of dangerous goods shall submit an application to the Municipal Transport Administrative Division or the district road transport administrative organ in their location. The municipal transportation administrative department, the Municipal Transport Administrative Division and district road transport administrative organs shall examine the applications according to prescribed qualifications and procedures after they receive the applications, and make a decision as to whether to approve them or not.

Article 6

Those who engage in motor vehicle performance inspection and testing and in operation of public parking lots/garages shall, within 15 days upon receipt of a business permit, file with the Municipal Transport Administrative Division or the district road transport administrative organ in their location for the record.

Article 7

In case a person who has obtained a license for road transport operation in accordance with the provisions of Article 5 of these Regulations want to merge, separate, or change the approved items of business, he/she shall apply to the organ that made the original approval to undergo the business alteration formalities.

In case a passenger transport operator or a passenger transport station operator wants to terminate their business, they shall inform the organ that made the original approval for their operation 30 days in advance and simultaneously make it known to the public.

Article 8

Where drivers, persons in charge of loading and unloading, and transport escorts want to engage in transport of dangerous goods, they shall first pass the examination by the municipal transportation administrative department to obtain a certificate of qualifications for the job before starting to work with the certificate.

Motor vehicle drivers engaged in non-dangerous freight transport, passenger transport operations and driving instructors shall first pass the examination by the Municipal Transport Administrative Division to obtain a certificate of qualifications for the job before starting to work with the certificate.

The organs giving the examination and issuing such qualification certificates shall not organize compulsory pre-examination training or designate training programs.

Article 9

For road transport services whose rates of charge are fixed or regulated by the government, the municipal transportation administrative department shall first propose a rate of charge, which shall become effective after approval by the municipal price administrative department.

Road transport operators shall stick to the rates of charge approved by the State and this Municipality, and have their rates clearly published according to relevant regulations.

Article 10

The documents, signs, and plates which road transport operators must have according to law to engage in road transport operations, such as the business license, vehicle operation permit, job qualification certificate, operation sign, plate indicating the motor vehicle maintenance service scope, and motor vehicle maintenance service qualification certificate, shall all be made in a uniform way under the supervision of the Municipal Transport Administrative Division, and shall not be forged, altered, transferred or leased by any unit or individual.

Article 11

This Municipality shall actively promote the establishment of a public information network system for road transport, and the Municipal People’s Government shall formulate specific measures for its implementation.

Article 12

The Municipal Traffic Enforcement Corps may conduct inspection on the business qualifications and operational behavior of road transport vehicles at major highway junctions in this Municipality in accordance with the law. Other municipal administrative departments who need to entrust the Municipal Traffic Enforcement Corps to conduct inspection and exercise control on the goods carried by transport vehicles according to law shall first get the approval of the Municipal People’s Government.

The staff of road transport administrative organs shall strengthen their supervision and inspection on road transport operations and make valid inspection records in strict accordance with their duty and authority.

Article 13

All units or individuals have the right to report and complain to the municipal transportation administrative department, district transportation administrative departments and road transport administrative organs about the illegal acts and poor service quality in road transport operations, as well as the illegal acts of the staff of transportation administrative departments and road transport administrative organs.

Transportation administrative departments and road transport administrative organs shall establish a system for reports and complaints, make known to public their phone number for reports and complaints as well as their address or email address, promptly investigate and handle the reports and complaints in accordance with law, and reply to the reporting or complaining persons about the results of the handling.

Chapter III Administration of Passenger Transport and Freight Transport

Article 14

This Municipality shall set a term of 4~8 years for the operation of passenger transport lines. The Municipal Transport Administrative Division shall determine the length of the term of operation in light of the passenger transport line operators’ qualifications and service quality.

Operators of passenger transport lines shall, within 120 days upon legally obtaining the right to run a passenger transport line, start formal operation. Those who do not start operation 60 days after the prescribed time limit, shall be regarded as giving up the right to operate the passenger transport line.

Operators of passenger transport lines who want to continue their operation after their term of operation expires shall submit, 60 days prior to the expiration of the term, an application to the organ that originally made the examination and the approval.

Article 15

An appraisal and assessment system for passenger transport line operation shall be established in this Municipality. The Municipal Transport Administrative Division may make an annual check and assessment of the operators’ essential qualifications and service quality. The assessment shall be open, fair and just, and the results of the assessment shall be taken as one of the criteria for continuation or cancellation of the right to operate the passenger transport line.

Article 16

Passenger transport vehicles shall run according to the prescribed lines and the schedule made known to the public, and stop at the approved passenger transport stations and stops. They are prohibited from picking up passengers along the way and carrying passengers over the ratified number.

Administration of fixed-line tourists transport shall be the same as that of passenger line transport, and administration of non-fixed line tourists transport shall be the same as that of chartered-vehicle passenger transport.

Article 17

When passengers are seriously held up due to special circumstances, the Municipal Transport Administrative Division shall take timely effective measures to disperse passengers, and passenger transport operators shall be subject to the unified dispatching and command of the Municipal Transport Administrative Division.

Article 18

The municipal transportation administrative department shall, jointly with the municipal traffic administrative department under the public security authorities, according to the municipal plan for road transport development, the demand of the freight transport market, and the road traffic conditions of the city, formulate an annual development plan for commercial freight transport vehicles that are allowed to pass through the city 24 hours a day. The municipal traffic administrative department under the public security authorities may restrain the passage of freight transport vehicles within certain areas and certain time periods in light of the road conditions and the traffic volume.

Commercial freight transport vehicles allowed to pass through the city 24 hours a day shall possess a separate closed-up cargo van, whose external shape and technical performance specifications for safety, environmental protection and so on must meet the relevant standards and conditions prescribed by the State and this Municipality. Passenger transport vehicles are prohibited from being used for commercial freight transport, and freight transport vehicles are prohibited from being used for commercial passenger transport.

Article 19

Road transport vehicles in this Municipality shall, in accordance with the regulations of the State and this Municipality, display an operation sign in conformity with their business operation.

Article 20

Both passenger transport operators and freight transport operators shall, according to the regulations of the State and this Municipality, conduct regular maintenance and testing of their operating vehicles. The Municipal Transport Administrative Division and district road transport administrative organs shall, according to the State’s requirements regarding assessment and rating of the technical grades of operating vehicles, carry out assessment and rating of the operating vehicles every year, and meanwhile shall conduct annual examination and testing.

Both passenger transport operators and freight transport operators shall, according to the regulations of the State and this Municipality, keep the technical files of their vehicles, and maintain a complete and accurate on-time record of such matters as vehicle assessment and testing, rating of the technical grades, etc.

Both passenger transport operators and freight transport operators shall obey the unified dispatch and command of the municipal and district people’s governments or relevant departments while a traffic accident, natural disaster, public health event or other emergency occurs.

Article 21

Freight transport operators who have registered in a province or city other than this Municipality but engage in business activities of freight transport whose points of departure and destination are both in this Municipality, shall file a copy of relevant documents with the Municipal Transport Administrative Division or district road transport administrative organs for the record.

Chapter VI Administration of Motor Vehicle Maintenance and Testing

Article 22

This Municipality encourages the development of motor vehicle maintenance service that is characterized by convenience and quickness and focuses on fixing common breakdowns and regular maintenance (hereinafter referred to as Quick Repair of Motor Vehicles). Quick Repair of Motor Vehicles shall meet the technical standards for enterprises engaged in quick repair of motor vehicles in this Municipality.

In the central areas of this Municipality, development of chain operations for Quick Repair of Motor Vehicles shall be encouraged and no new specialized maintenance service stations shall be established.

Article 23

Operators of motor vehicle maintenance service shall display a plate indicating its service scope at a conspicuous place in their business location, and make known to the public their business license, man-hour quotas and man-hour charging rate for motor vehicle maintenance service, difference between the prices at which materials and spare parts are purchased and sold, and warranty period of the motor vehicle maintenance service.

Article 24

When undertaking Grade 2 maintenance, final assembly service or whole vehicle overhaul, the service operator shall sign a contract with the party that commissions the service, establish service files and keep a complete record of the service work.

Article 25

Operators of motor vehicle maintenance service shall establish spare parts registration files, recording the names of spare parts, the names and addresses of suppliers, the names and addresses of manufacturers, dates of purchasing and unit prices.

Spare parts provided by operators of motor vehicle maintenance service shall be clearly marked as made by the original manufacturer, made by a subsidiary manufacturer, reconditioned or used, for customers to select. If reconditioned or used spare parts are to be used, the service operator shall first get the consent of the party that commissions the service and guarantee service quality. Fake or substandard spare parts are prohibited in motor vehicle maintenance.

Article 26

Motor vehicle maintenance service operators shall, according to the related technical standards, undertake maintenance service for motor vehicles; if no standards have yet been established, maintenance service shall be undertaken with reference to the maintenance manuals, instruction books for users and relevant documents provided by the manufacturer.

Motor vehicle maintenance service operators who undertake Grade 2 maintenance, final assembly service or whole vehicle overhaul shall make a diagnostic test prior to the service, conduct examination and testing in the course of the work, and shall carry out service quality test before delivery. If the vehicle serviced passes the test, the person(s) who conducted the quality test shall issue a motor vehicle maintenance service qualification certificate in the nationally unified form. Motor vehicle maintenance service operators who do not have the capability to conduct such tests shall commission a qualified motor vehicle comprehensive performance testing station to do the job.

Those who undertake the quality test of the serviced motor vehicles before delivery shall do their job in accordance with the related technical standards so as to ensure the accuracy of testing results, provide certificates of truthful testing results, and take legal responsibilities for their testing results.

Article 27

Motor vehicle maintenance service operators shall charge fees according to the man-hour quotas, man-hour charging rates for motor vehicle maintenance service, and the prices of the materials and spare parts that are made known to the public; in case motor vehicle manufacturers have not provided service man-hour quotas, the motor vehicle maintenance service man-hour quotas set by the municipal transportation administrative department shall be taken as the standard.

When settling accounts with the party that commissions the service, motor vehicle maintenance service operators shall list the cost of materials and labor separately, and provide a motor vehicle maintenance service invoice uniformly printed under the supervision of the Municipal Transport Administrative Division.

Article 28

Motor vehicle maintenance service operators and comprehensive vehicle performance testing stations shall strengthen routine maintenance and calibration of the testing and measuring instruments, so as to keep their technical performance indicators up to standards. The testing and measuring instruments for testing motor vehicle maintenance service quality and rating the technical grades of operating vehicles shall, in accordance with the regulations of the State and this Municipality, undergo compulsory periodical testing.

If road transport administrative organs find, in the process of supervision and inspection, that the testing and measuring instruments as mentioned in the provisions of the preceding paragraph are inaccurate or did not undergo compulsory periodical testing within the prescribed time limit, they shall enjoin a compulsory testing or check within a prescribed time limit and turn the case over to the market regulation department to be dealt with according to law.

Chapter V Administration of Other Related Business

Article 29

Motor vehicle driver training institutions shall abide by the following provisions:

1. The business license, charging rates and training site shall be made public at a conspicuous place of the business location;

2. The training syllabus formulated by the competent transport department of the State Council shall be followed;

3. Only instructors with job qualification certificates may be employed to do the teaching;

4. Examination discipline shall be strengthened; and

5. Training records shall be kept carefully according to regulations, and trainees’ files shall be established.

Motor vehicle driver training institutions and their instructors shall not practice fraud in the course of training, and trainees who fail to pass the examination shall not be awarded a course-completion certificate.

Article 30

The set-up and construction of passenger transport stations, freight transport stations and public parking lots (garages) shall be in conformity with specialized road transport planning of this Municipality and the related standards of the State and this Municipality.

When examining the project proposals and preliminary design proposals for construction of passenger transport stations, freight transport stations and public parking lots (garages), the municipal and district planning administrative departments and construction administrative departments shall solicit the opinions of the municipal transportation administrative department and the district transportation administrative departments respectively.

The use and service functions of passenger transport stations, freight transport stations and public parking lots (garages) shall not be altered without authorization.

Article 31

Passenger transport station operators shall abide by the following provisions:

1. making a rational schedule of operation runs and departure times;

2. selling tickets at the prices set by the passenger transport operators under government guidance;

3. reporting on time to the Municipal Transport Administrative Division or district road transport administrative organs in their locality in case a line stops running without reason or the business stops for three consecutive days;

4. strictly observing the regulations on the fees for every item of station service; and

5. making it a rule for the working staff to go to their posts wearing service emblems.

Article 32

Freight transport station operators shall abide by the following provisions:

1. loading, unloading, storing and taking care of goods in compliance with the safe operation rules as prescribed by the State;

2. strictly prohibiting mixing of poisonous and polluting goods with foodstuff in loading;

3. ensuring that business sites such as warehouses meet fire prevention and safety requirements, and that firefighting equipment and facilities are all in place and effective; and

4. making it a rule for the working staff to go to their posts wearing service emblems.

Article 33

When handling consignments of dangerous goods or goods whose transport requires completion of certain formalities according to the law or administrative regulations, the operators of road freight transport agencies shall be aware of the name, nature and amount of the goods to be transported as well as the way of handling them in emergencies, and shall check and examine the certificates for the stated goods. Goods forbidden by the State to be transported shall not be accepted and transported.

Operators of road freight transport agencies shall consign the shipping of the accepted goods to a qualified freight transport operator.

Chapter VI Legal Liabilities

Article 34

For acts in violation of these Regulations, if there are punitive provisions in the Road Transport Regulations of the People’s Republic of China and other relevant laws and administrative regulations, these provisions shall prevail.

Article 35

The following acts that violate the provisions of these Regulations shall be penalized by the Municipal Traffic Enforcement Corps or District Road Transport Administrative Organs:

1. Those who fail to perform the obligation of filing a copy for the record in violation of Article 6 of these Regulations shall be ordered to make rectifications within a prescribed time limit; in case the party concerned does not make rectifications within the prescribed time limit, a fine of not less than 200 yuan but not more than 2,000 yuan may be imposed.

2. Instructors who give instructions without a job qualification certificate in violation of Paragraph 2 of Article 8 of these Regulations shall be ordered to terminate the job, and a fine of not less than 200 yuan but not more than 2,000 yuan may be imposed.

3. Those who transfer or lease operation signs, plates of the motor vehicle maintenance service scope, or motor vehicle maintenance service qualification certificates in violations of Article 10 of these Regulations shall be ordered to terminate their illegal acts. Their certificates, signs and plates shall be confiscated, and a fine of not less than 200 yuan but not more than 2,000 yuan may be imposed; Where persons forge or alter operation signs or plates of the motor vehicle maintenance service scope, or motor vehicle maintenance service qualification certificates, these certificates, signs and plates concerned and the illegal gains shall be confiscated and a fine of not less than 2,000 yuan but not more than 20,000 yuan may be imposed; in case the violation constitutes a crime, the wrongdoer shall be prosecuted for criminal liability in accordance with the law.

4. Those who fail to display the operation sings in violation of Article 19 of these Regulations shall be ordered to make rectifications, and a fine of not less than 100 yuan but not more than 500 yuan may be imposed.

5. Those who fail to keep the technical files of their vehicles in violation of Paragraph 2 of Article 20 of these Regulations shall be ordered to make rectifications, and a fine of not less than 300 yuan but not more than 3,000 yuan may be imposed.

6. Those who fail to file a copy of relevant documents for the record in violation of Article 21 of these Regulations shall be ordered to make rectifications, and a fine of not less than 200 yuan but not more than 2,000 yuan may be imposed.

7. Those who fail to make known to the public their business license, etc. in violation of Paragraph 1 of Article 23 of these Regulations shall be ordered to make rectifications, and a fine of not less than 200 yuan but not more than 2,000 yuan may be imposed.

8. Those who fail to establish service files and perform the obligation of keeping a complete record of the service work in violation of Article 24 of these Regulations shall be ordered to make rectifications; in case the party concerned does not make rectifications within the prescribed time limit, a fine of not less than 200 yuan but not more than 2,000 yuan may be imposed.

9. Those who fail to establish spare parts registration files and record the names of spare parts in violations of Paragraph 1 of Article 25 of these Regulations shall be ordered to make rectifications; in case the party concerned does not make rectifications within the prescribed time limit, a fine of not less than 200 yuan but not more than 2,000 yuan may be imposed.

10. Those who do not provide the testing results truthfully in violation of Paragraph 3 of Article 26 of these Regulations shall be ordered to make rectifications; in case the wrongdoer has made illegal gains, such gains shall be confiscated, and a fine of not less than twice but not more than ten times the illegal gains may be imposed; In case the party concerned has not made illegal gains, a fine of not less than 2,000 yuan but not more than 20,000 yuan may be imposed; in case the violation constitutes a crime, the wrongdoer shall be prosecuted for criminal liability in accordance with the law.

11. Those who fail to carefully keep the training records and establish trainees’ files in violation of Item 5, Paragraph 1 of Article 29 of these Regulations shall be ordered to make rectifications within a prescribed time limit; in case the party concerned does not make rectifications within the prescribed time limit, a fine of not less than 200 yuan but not more than 2,000 yuan may be imposed.

12. Instructors who practice fraud in the course of training in violation of Paragraph 2 of Article 29 of these Regulations shall be penalized by a fine of not less than 200 yuan but not more than 1,000 yuan; in serious cases, their job qualification certificates shall be revoked.

13. Those who fail to make a timely report in violation of Item 3 of Article 31 of these Regulations shall be penalized by a fine of not less than 200 yuan but not more than 2,000 yuan.

14. Those who accept and handle goods forbidden by the State to be transported or consign the shipping of the accepted goods to an unqualified freight transport operator in violation of Article 33 of these Regulations shall be penalized by confiscation of their illegal gains and a fine of not less than 2,000 yuan but not more than 20,000 yuan; in case the violation constitutes a crime, the wrongdoer shall be prosecuted for criminal liability in accordance with the law.

15. Road transport operators who have lost or partially lost the required conditions for operation as prescribed in Article 5 in the course of operation due to change of circumstances and yet still engage in operational activities shall be ordered to make rectifications within a prescribed time limit, and may be penalized by a fine of not less than 2,000 yuan but not more than 20,000 yuan; in case the operator does not make rectifications within the prescribed time limit, his/her business license for road transport shall be revoked.

Article 36

If the Municipal Traffic Enforcement Corps and district road transport administrative organs, in the process of implementing supervision and inspection, find someone engaging in transport operation without a vehicle operation permit and cannot provide other effective documentation on the spot, they may temporarily detain the operating vehicles, and order the party concerned to go to the designated place within a prescribed time period to accept the penalty.

When temporarily detaining articles, the Municipal Traffic Enforcement Corps and district road transport administrative organs shall write out an official document listing the articles temporarily detained, inform the party concerned of the law-enforcement basis and reasons and the designated place and prescribed time period to accept the penalty. The articles temporarily detained shall be properly taken care of and may not be used, and no custodial fee shall be charged or charged in a disguised form in the time period of penalty for the party concerned.

The party concerned shall, within the prescribed time period, go to the designated place to accept the penalty. In case the party concerned does not come to accept the penalty within the prescribed time limit, the Municipal Traffic Enforcement Corps or district road transport administrative organs may make administrative punishment decisions according to law, and deliver the decision to the party concerned. After the party concerned has performed the punishment decision, it can take back the temporarily detained articles. In case the party concerned does not perform the administrative punishment decision within the prescribed time limit without good reason or fails to appear to accept the penalty three months after the public notice, the Municipal Traffic Enforcement Division and district road transport administrative organs may handle the temporarily detained articles according to law.

Article 37

The party concerned who refuses to accept the specific administrative act made by the municipal transportation administrative department, the district transportation administrative department or the road transport administrative organs may, according to the provisions of the Law of the People’s Republic of China on Administrative Reconsideration or the Administrative Litigation Law of the People’s Republic of China, apply for administrative reconsideration or institute administrative legal proceedings.

In case the party concerned does not carry out the specific administrative act, nor does it apply for administrative reconsideration or institute administrative legal proceedings, the municipal transportation administrative department, district transportation administrative department, or road transport administrative organs which made the specific administrative act may apply to the people’s court for enforcement.

Article 38

Road transport administrative personnel and law-enforcement personnel who neglect their duty, abuse their power, play favoritism and practice irregularities, or extort or accept bribes shall be given disciplinary sanction by their units or their superior competent authorities; in case their acts constitute a crime, they shall be prosecuted for criminal liability in accordance with the law.

Chapter VII Supplementary Provisions

Article 39

These Regulations shall be effective as of January 1, 2006.