Regulations of Shanghai Municipality on the Administration of Passenger Transport by Bus, Tram and Trolleybus
Regulations of Shanghai Municipality on the Administration of Passenger Transport by Bus, Tram and Trolleybus
(May 14, 2020)
Contents
Chapter I General Provisions
Chapter II Lines and Rights of Line Operation
Chapter III Operation Management
Chapter IV Construction and Management of Facilities
Chapter V Supervision, Inspection and Complaint
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1
With a view to strengthening the administration of bus, tram and trolleybus passenger transport, maintaining the order of its operation, improving its service quality, protecting the legitimate rights and interests of both its passengers and operators, and promoting its development, these Regulations are formulated in the light of the actual circumstances of this Municipality.
Article 2
These Regulations apply to the operation of bus, tram and trolleybus passenger transport and its related administrative activities within the administrative areas of this Municipality.
The buses, trams and trolleybuses referred to in these Regulations are defined as the passenger transport buses, trams and trolleybuses that run along a fixed route within the administrative areas of this Municipality, follow a set schedule, take on and discharge passengers at regular stops, and charge fares according to the approved rates of charge.
Article 3
Shanghai municipal transport administrative department (hereinafter referred to as the municipal transport administrative department) is the competent department for the administration of bus, tram and trolleybus passenger transport in this Municipality, and shall be responsible for organizing the implementation of these Regulations.
Shanghai Municipal Urban Communications and Transportation Administration Section affiliated to the municipal transport administrative department (hereinafter referred to as the Municipal Transport Administrative Section) takes charge of the specific implementation of the routine administration work on passenger transport by bus, tram and trolleybus of this Municipality, and directly carries out the routine administration and supervision over passenger transport by bus, tram and trolleybus in Huangpu District, Xuhui District, Changning District, Jing’an District, Putuo District, Hongkou District, and Yangpu District; Shanghai Urban Traffic Administrative Enforcement Division affiliated to the municipal transport administrative department (hereinafter referred to as the Municipal Traffic Enforcement Division) takes charge of the specific supervision and inspection work on passenger transport by bus, tram and trolleybus, and exercises the administrative punishments in accordance with the provisions of these Regulations.
The transport administrative departments of Pudong New Area, Minhang District, Baoshan District, Jiading District, Jinshan District, Songjiang District, Fengxian District, Qingpu District and Chongming District (hereinafter referred to as the district transport administrative department) take charge of organizing and exercising leadership over the administrative work on passenger transport by bus, tram and trolleybus within their respective administrative areas. The traffic administrative organ affiliated to the district transport administrative department (hereinafter referred to as the district traffic administrative organ) takes charge of the specific implementation of the routine administration and supervision work on passenger transport by bus, tram and trolleybus within their respective administrative areas; the traffic administrative law enforcement organ affiliated to the district transport administrative department (hereinafter referred to as the district traffic administrative law enforcement organ) takes charge of the specific implementation of the supervision and inspection work on passenger transport by bus, tram and trolleybus within their respective administrative areas, and exercises administrative punishments in accordance with the provisions of these Regulations.
The district people’s governments and related administrative departments shall, according to their respective functions and duties, work in coordination in implementing these Regulations.
Article 4
This Municipality shall adopt the strategy of giving priority to the development of public transport. The municipal and district people’s governments shall, in accordance with the requirements of the integration of urban and rural areas, give support to the passenger transport by bus, tram and trolleybus in the funds input, planning of land use, construction of facilities, maintenance of stops and stations, and road capacity, and form a rational price mechanism, to provide the residents with fast, safe, convenient and comfortable service of passenger transport.
The municipal and district people’s governments shall incorporate the funds input in the fields of passenger transport by bus, tram and trolleybus into the budget system of public finance.
This Municipality shall encourage the application of advanced technology and sophisticated administrative methods in the operation and administration of passenger transport by bus, tram and trolleybus, and encourage the adoption of new-energy and low-emission vehicles.
Article 5
The municipal transport administrative department shall, in the light of the actual needs of urban development and of facilitating residents making trips, after soliciting the opinions of the relevant departments of the district people’s governments, organize the formulation of specific plans of passenger transport by bus, tram and trolleybus, which, after being comprehensively equilibrated by the municipal urban planning administrative department and approved by the Municipal People’s Government, shall be incorporated into the comprehensive city planning.
The specific plans of passenger transport by bus, tram and trolleybus shall include the contents of the composition proportion and scale of buses, trams and trolleybuses in urban public transport modes, the land use scope of the passenger transport service facilities, layout of stops and stations, depots and lines, the set-up of exclusive lanes, bus bay stops, etc.
The specific plans of passenger transport by bus, tram and trolleybus shall integrate rationally with other specific plans such as rail transport and so on to form an operational system with rational layout and high economical efficiency.
Article 6
The operation of bus, tram and trolleybus passenger transport of this Municipality shall follow the principles of compliance with overall planning, fair competition, safe operation, normalized service and making it convenient for the passengers.
Article 7
This Municipality shall, in accordance with the public interests features of passenger transport service by bus, tram and trolleybus, set up a mechanism of the growth of employees’ salary mainly keeping pace with the social benefit produced by them.
Chapter II Lines and Rights of Line Operation
Article 8
The municipal and district transport administrative departments shall, jointly with relevant departments, formulate or adjust the municipal, and district passenger transport lines and networks planning of bus, tram and trolleybus (hereinafter referred to as lines and networks planning) and the planning of depots and stations on the basis of soliciting opinions from various quarters, and in accordance with the municipal planning for developing bus, tram and trolleybus passenger transport.
The opening, adjustment and termination of bus, tram and trolleybus passenger transport lines (hereinafter referred to as lines) shall meet the requirements of lines and networks planning.
Article 9
The municipal and district transport administrative departments shall organize passenger volume survey and line general investigation of bus, tram and trolleybus, and make optimal adjustment of line network on passenger transport by bus, tram and trolleybus, to realize the effective integration with other traffic modes such as rail transport and increase the line network density in the areas where it is inconvenient to make trips.
The municipal and district transport administrative departments shall, jointly with the administrative departments of public security, construction, etc., and in accordance with the line network planning, and the situation of passenger volume survey and of general line investigation, work out the schemes for opening, adjustment and termination of lines, and shall solicit opinions from the units and citizens in the involved areas by means of seeking opinions in public and holding hearings, and the opinions shall be regarded as one of the bases for opening, adjustment and termination of lines.
The district people’s governments may also, in the light of the actual needs of their administrative areas, make proposals on the opening, adjustment and termination of trans-district lines, which, upon the examination and approval by the municipal transport administrative department jointly with the administrative departments of public security, and construction shall be incorporated into the plan of the opening, adjustment and termination of lines.
Where the municipal or district transport administrative departments open, adjust or terminate lines according to the plans, they shall make it known to the public 10 days prior to the date of implementation.
Article 10
The municipal and district transport administrative departments shall construct correspondingly for the construction projects such as newly built residential areas bus, tram and trolleybus lines, or feeding lines to connect the neighboring public transport stops and stations.
The municipal and district planning administrative departments shall, jointly with the municipal and district transport administrative departments and in accordance with the relevant standards for setting up public service facilities in residential areas, incorporate the land use for construction projects such as facilities of bus, tram and trolleybus stops and stations constructed correspondingly for newly built residential areas into the relevant regulatory plan. The facilities of bus, tram and trolleybus stops and stations shall be simultaneously designed, constructed, completed and put into operation with the construction projects such as newly built residential areas. Where the newly built residential areas are developed by area, the facilities of bus, tram and trolleybus stops and stations for interim use shall be set up in accordance with the actual situation.
Article 11
Tourist transport lines shall be incorporated into lines and networks plans. The opening, adjustment and termination of tourist transport lines shall be proposed by the municipal tourism administrative department and be determined by the municipal transport administrative department after equilibration.
Tourist transport lines shall follow the principle of facilitating the tourists, have fixed stations and stops at the scenic spots, and be geared to the opening and the time of business of the scenic spots.
Article 12
Line operators shall acquire the line operation rights granted by the relevant transport administrative department before engaging in the business. The district transport administrative department takes charge of the granting of the line operation rights for lines of which the starting and end terminals and the line trend are all within that district; the municipal transport administrative department takes charge of the granting of the line operation rights for other lines.
Line operation rights shall not exceed 8 years for each term. Within the term of operation, the operator shall not dispose of this right without authorization.
Article 13
To acquire line operation rights, the operator shall meet the following requirements:
1. having obtained a Corporate Legal Person’s Business License;
2. possessing vehicles that meet the requirements for public transport lines operation or the appropriate funds for purchasing such vehicles;
3. possessing parking lots and complete accessory facilities that meet the requirements for public transport lines operation;
4. having a rational and feasible plan for lines operation;
5. having a sound operation management system concerning passenger service and safe driving; and
6. having corresponding managing personnel and trained and qualified drivers, conductors/conductresses and dispatchers, and the drivers shall have driving experience for not less than one year.
Article 14
For newly opened lines, lines whose operator’s term has come to an end and for which a new operator is to be chosen, or lines for which a new operator needs to be chosen even though the original operator’s term has not come to an end, the municipal and district transport administrative departments shall grant the operation rights by inviting bids.
Line operators may, six months before the termination of their operation right, submit a written application to the municipal or district transport administrative department for a new term of line operation rights. The municipal or district transport administrative department shall, in light of the performance of the line operator, decide, three months before the termination of the present operation right, whether or not to grant it.
Line operators who have acquired line operation rights shall be awarded a certificate of line operation rights by the municipal or district transport administrative department.
Article 15
The municipal finance department shall, jointly with the municipal transport administrative department, set up a normalized cost audit and evaluation system for bus, tram and trolleybus enterprises. The municipal and district audit departments shall strengthen audit supervision according to law. The audit and evaluation result shall be acted as one of the bases for financial subsidies.
The municipal and district people’s governments shall provide subsidies in a timely manner for the bus, tram and trolleybus operators who implement public transfer preference or free-of-charge measures to the old people and such other eligible passengers, and for those who open lines in rural areas without a lot of passengers.
Article 16
The municipal and district transport administrative departments shall strengthen the city’s construction of basic facilities for bus, tram and trolleybus passenger transport, strengthen the administration of bus, tram and trolleybus passenger transport market and investigate into and penalize operations without the necessary licenses and certificates. Except in very special cases, no repeated lines shall be opened on routes that have already had a chosen operator.
Article 17
The municipal and district transport administrative departments shall organize and conduct a regular appraisal of line operators’ performance and service quality, and the contents of the appraisal mainly include operational service, safe driving, statistical calculation, observing regulations and disciplines, citizens’ appraisal, etc. The result of the appraisal shall be taken into account when granting or withdrawing line operation rights.
When conducting an appraisal of line operators’ performance and service quality, the municipal and district transport administrative departments shall invite passenger representatives to participate, and listen to the opinions of various sectors of the society.
The municipal and district transport administrative departments shall notify State-assets supervision administrative agencies the appraisal results of the operational service conditions of the State-owned bus, tram and trolleybus enterprises. State-assets supervision administrative agencies shall make supervision over the State-owned bus, tram and trolleybus enterprises in accordance with the provisions of relevant laws and regulations.
Article 18
Operators who have obtained the line operation rights shall have qualified vehicles and also report the basic information of such vehicles to the Municipal Transport Administrative Section or the district traffic administrative organ.
Drivers, conductors/conductresses and dispatchers shall take their posts only after they have undergone training and passed the examination of the Municipal Transport Administrative Section.
Chapter III Operation Management
Article 19
Line operators shall implement the operation management system concerning passenger transport service, safe driving, etc. set when acquiring the line operation rights.
Line operators shall organize passenger transport in accordance with the approved routes, stops and stations, number of runs, schedules, the number of vehicles, vehicle models, and the maximum number of passengers to be carried by each vehicle, and shall not arbitrarily alter or stop operation without approval.
The maximum number of passengers to be carried by each vehicle shall be approved jointly by the municipal public security department and the Municipal Transport Administrative Section.
Article 20
Line operators shall formulate plans of line operation in accordance with the operation requirements as provided in these Regulations and the passenger flow, and file them with the Municipal Transport Administrative Section or the district traffic administrative organ for the record. Line operators shall conduct operation in accordance with their plan of line operation.
The Municipal Transport Administrative Section and the district traffic administrative organ shall inspect and check the execution of line operators’ operation plans.
Article 21
Operators who engage in operation with no conductors/conductresses shall install on the vehicle a coin receptacle, an electronic card scanner, and an electronic device announcing the arrival of coming stops, and keep them in working condition. Beside the coin receptacle tickets shall be available.
For those lines of which the starting or end terminals are set up at railway stations, passenger transport docks, or airports, the line operators shall not adopt the mode of operation with no conductors/conductresses.
Article 22
Line operators who conduct operation with air-conditioned vehicles shall give regular maintenance and service to the air-conditioning systems of the vehicles, and keep them in good working order. Besides, a thermometer shall be fixed in a conspicuous place in the vehicle.
Line operators shall turn on the air-conditioning systems in their vehicles during the periods of June 1 to September 30 and December 1 to March 1 the following year, and when the temperature in the vehicle is above 28 degrees or below 12 degrees centigrade in other periods of the year.
Line operators shall turn on ventilating systems in the vehicles except when the air-conditioning systems are on as provided for in the preceding paragraph.
Article 23
While engaging in operation, line operators shall arrange for the boarding and discharging of passengers at approved stops and stations. If in areas outside the city and the towns the distance between stops exceeds a certain limit, line operators may, with the joint approval of the Municipal Transport Administrative Section or the district traffic administrative organ and the public security department, arrange for the boarding and discharging of passengers at approved common beckoning stops.
Article 24
In case a line operator needs to terminate operation within the term of line operation rights because of dissolution or bankruptcy, he/she shall inform the municipal or district transport administrative department in the written form three months before the date of termination. The municipal or district transport administrative department shall decide on a new operator before the termination.
Article 25
In case a line operator needs to suspend or terminate the operation of a certain line or the use of a certain station or stop, he/she shall submit to the municipal or district transport administrative department a written application and shall not implement until approval is obtained.
Line operators who need to alter routes or stations or stops shall submit to the Municipal Transport Administrative Section or the district traffic administrative organ a written application, and the alteration shall be implemented after it is examined, verified and approved by the Municipal Transport Administrative Section or the district traffic administrative organ jointly with the administrative departments of public security, and construction.
When adjustment of lines and networks planning is made, the Municipal Transport Administrative Section or the district traffic administrative organ may demand the line operators to make necessary adjustment in their operation, and the line operator shall carry out the demanded adjustment.
When construction of roads, underground pipes and cables or other city infrastructure, or road conditions affect the safety of line operation, the Municipal Transport Administrative Section or the district traffic administrative organ may, in accordance with the opinions of the administrative departments of public security, and construction, demand the line operators to make necessary adjustment in their operation, and the line operator shall carry out the demanded adjustment.
Article 26
Except in cases of force majeure or other emergencies, public notice of adjustments of line operations approved by the Municipal Transport Administrative Section or the district traffic administrative organ shall be given by the line operator at all the stops and stations along the route five days before the date of implementation.
Except in cases of force majeure or other emergencies, where the Municipal Transport Administrative Section or the district traffic administrative organ makes adjustments of line operation in accordance with Paragraph 3 and 4 in Article 25 of these Regulations, a public notice of the situation of operational adjustments and temporary stop/station set-ups shall be given at all the stops and stations along the route 10 days before the date of implementation.
When operational adjustments of two or more related lines are made at the same time, the Municipal Transport Administrative Section or the district traffic administrative organ shall give additional public notice via the news media.
Article 27
In any of the following circumstances, line operators shall, in accordance with the unified control of the Municipal Transport Administrative Section or the district traffic administrative organ, organize vehicles and personnel in a timely manner for dispersal of passengers:
1. serious shortage of vehicles at major concentration points of passengers;
2. holding of major social events;
3. urgent dispersion is needed in case a rail transport emergency occurs; or
4. other circumstances that need emergency dispersal.
Article 28
Line operators shall charge fares according to the rates checked and verified by the Municipal People’s Government.
Line operators shall, when collecting fares, issue tickets of equivalent value, which are approved by the municipal transport administrative department and the municipal tax department.
Article 29
The municipal and district transport administrative departments shall establish an information system of bus, tram and trolleybus passenger transport services, provide such information services as information release, trip inquiry, emergency alarms, and so on, to facilitate passengers making trips.
Line operators shall install vehicle information monitoring systems and image monitoring facilities up to prescribed standards and send operating data according to relevant provisions.
Article 30
Line operators shall formulate and carry out all safety systems including safety education training, on-site management, and handling of emergencies, to prevent and reduce accidents occurrence. Where an accident occurs, the line operator shall promptly start up the contingency plan, handle the accident properly, and report in a timely manner to the municipal or district transport administrative department.
Line operators may adopt such manners as special funds in terms of business insurance, accident compensation, etc., and properly handle the remaining problems of a line operating accident.
Line operators shall strengthen check, maintenance and service of their vehicles in operation and keep records so as to ensure that the vehicles in operation will meet the following requirements:
1. The vehicles are clean and tidy, and their facilities are in good condition;
2. The performance of vehicles and their exhaust meet the technical norms of the State;
3. Rates of fare and the name of the route and line operator are posted at specified places;
4. The Regulations of Shanghai Municipality on the Taking of Bus, Tram and Trolleybus (hereinafter referred to as the Bus, Tram and Trolleybus Regulations) formulated by the municipal transport administrative department in accordance with these Regulations, a diagram of the route and the telephone number for passenger complaint are posted at the specified places; and
5. The facilities of emergency windows, life hammers and fire extinguishers shall be installed according to relevant provisions; and
6. The sanitary measures such as disinfection for vehicles shall be taken according to relevant provisions.
Article 31
Line operators shall strengthen the administration of their drivers, conductors/conductresses and dispatchers, and improve their service quality.
While engaged in operational service, drivers and conductors/conductresses shall observe the following provisions:
1. observe traffic regulations and drive in a safe and civilized way.;
2. operate according to the approved routes, stops and stations, runs, schedules and maximum number of passengers to be carried;
3. charge fares according to approved rates;
4. take on or discharge passengers at specified stations and stops, or at the approved common beckoning stops;
5. announce clearly the name of the route, the direction in which the vehicle is running, and the arriving stops and stations. In case an electronic device announcing the arrival of coming stops is installed, it shall be used in the correct way;
6. keep the vehicle clean and tidy and maintain good order in the vehicle;
7. in no circumstances hand the vehicle for operation to personnel who do not possess the qualifications provided in these Regulations;
8. shall not allow the vehicle to be held up at the stops or stations and affect normal operational order;
9. provide necessary aid to the aged, the minor, the sick, the handicapped, the pregnant and those who carry babies in their arms; and
10. shall not smoke in the vehicle.
While engaged in their work, dispatchers shall observe the following provisions:
1. dispatching vehicles in accordance with operation schedules, and make rational adjustments in special circumstances; and
2. recording data of vehicle runs truthfully.
While a public health incident occurs, drivers, conductors/conductresses and dispatchers shall take protective measures according to relevant provisions.
Article 32
Passengers have the right to safe, convenient and quick service.
In any of the following cases, the passengers may refuse to pay the fare:
1. Rates of fare are not posted in the operating vehicle in accordance with the stipulations;
2. The driver or the conductor/conductress does not produce or does not have tickets available in conformity with the stipulations;
3. The air-conditioning systems or the ventilation systems in air-conditioned vehicles are not turned on in accordance with the stipulations; or
4. The electronic ticket card cannot be used because the electronic ticket card scanner is not turned on or is not in working order in vehicles equipped with electronic ticket card scanners.
When the operating vehicle breaks down and cannot continue normal runs, the passengers have the right to ask the driver or conductor/conductress to arrange for them to continue their trip in other vehicles of the same line in the same direction, and the drivers and conductors/conductresses of the same line in the same direction shall not refuse. In case the driver or conductor/conductress is unable to arrange for them to continue their trip in other vehicles of the same line in the same direction within the prescribed time limit, the passengers have the right to ask for a refund of their tickets.
Article 33
Passengers shall not carry combustible, explosive, poisonous, radioactive or corrosive materials or other dangerous goods that are likely to endanger people’s life and property, and shall observe the Bus, Tram and Trolleybus Regulations, and take a ride in a civilized way. Line operators and their employees shall, when finding out any passenger in violation of these provisions, persuade them and warn them to stop doing wrong and may refuse to provide transport service if the passenger refuses to take the warning to stop doing wrong; any passenger who insists on carrying dangerous goods to take a ride shall immediately be reported to the public security organ.
The catalogue and pattern of dangerous goods shall be announced by the municipal public security department and the municipal transport administrative department, and line operators shall post the announcement in a prescribed manner.
Passengers shall pay fares in accordance with the specified rate. In case a passenger fails to pay fares in accordance with the specified rate, the line operator and their employees may ask him/her to make up the deficiency in payment, and may ask him/her to pay additional fares five times the specified rate.
Chapter IV Construction and Management of Facilities
Article 34
Lots and spaces approved or reserved for bus, tram and trolleybus passenger transport in the comprehensive city planning of this Municipality shall not be occupied or converted to other uses by any unit or individual person without approval of the original unit of examination and approval.
Article 35
The municipal and district people’s governments shall support, encourage and take part in constructing, renovating or extending facilities of large-scale bus, tram and trolleybus stops and stations and parking lots, and provide subsidies for the renewal of buses, trams and trolley-buses. The bus, tram and trolleybus stops and stations constructed with governmental investment shall be provided to the line operators of buses, trams and trolley-buses for utilization free of charge; the parking lots and maintenance depots for bus, tram and trolleybus constructed with governmental investment shall be rented to the line operators of buses, trams and trolley-buses at low cost.
Construction, renovation and extension of facilities of bus, tram and trolleybus stops and stations and parking lots shall conform to the plans of this Municipality for the development of bus, tram and trolleybus passenger transport, lines and networks, and stops and stations. Planning administrative departments shall listen to opinions of the municipal or district transport administrative department before approving and issuing construction projects planning permits.
The development unit shall build bus, tram and trolleybus terminals as accessory facilities in accordance with planning requirements when:
1. building or extending airports, railway stations, passenger terminals, long distance bus stations, rail transport stations and other public places of passenger flow centers;
2. building or extending large-scale public facilities; or
3. building or extending residential areas of a certain scale.
Before facilities of bus, tram and trolleybus stops and stations as well as parking lots and spaces are put into use, the development unit shall give notice to the municipal or district transport administrative department to participate in the acceptance check. Facilities that have not been checked before delivery, or that have not passed the acceptance check shall not be put into use.
Facilities of stops and stations shall not be shut down or converted to other uses without the approval of the municipal or district transport administrative department.
Article 36
Stops and stations of bus, tram and trolleybus lines shall be set up in accordance with the principle of facilitating passengers and maintaining a rational distance between stops and stations.
The distance between stops or stations shall generally be 500 meters to 1,000 meters. Line operators shall set up at terminals vehicle dispatching facilities and traffic sheds, and post up the Bus, Tram and Trolleybus Regulations, fare rates and telephone numbers for passenger complaint.
At the terminals of newly opened lines, stations for boarding and discharging passengers shall be set up.
Article 37
Line operators shall erect signposts, including temporary signposts (similarly hereinafter), at bus, tram and trolleybus stops and stations in accordance with the uniform standard prescribed by the Municipal Transport Administrative Section.
Bus, tram and trolleybus stop and station signposts shall bear the name of the line, the time for the first and the last run, the name of the stop and names of other stops along the route, the direction in which the vehicle is running, the rates of fare, etc. The signposts shall be conspicuous and be kept in good condition. In the case of lines with vehicles running at intervals of more than 30 minutes, the time of each run passing the stop shall be clearly indicated.
Article 38
Bus, tram and trolleybus stops and stations shall be managed by a unit chosen by the municipal or district transport administrative department and the authorized operators or the owner of the property through consultation either by inviting bids or on a commission basis.
The unit that manages the stops and stations shall, in accordance with the provisions set by the municipal transport administrative department, maintain regularly the facilities of stops and stations, and keep the facilities of covered bus stops or stations and signposts in a clean, tidy and good condition. The municipal and district transport administrative departments shall strengthen supervision and check-up over the management work on stops and stations.
Drivers and conductors/conductresses who enter the stops and stations shall observe the managerial regulations of stops and stations.
Article 39
Advertisements put up on the operating vehicles shall, in addition to conformity with relevant laws and regulations concerning advertisements, comply with relevant provisions for the administration of bus, tram and trolleybus operation regarding the position, size and color of the advertisement.
No audio advertisements are to be broadcasted, nor are written advertisements to be distributed in the vehicles.
Where advertisements are put on covered bus stops or stations, the overall area shall not surpass 40% of the three-dimensional area of the covered bus stops or stations, and the proportion of the advertisements of public interests in the aspect of area or time shall not be less than 10% of the total amount of the advertisements.
Article 40
Tram and trolleybus power supply units shall, in accordance with the technical standards and specifications set by the State, conduct regular maintenance and repair of tram and trolleybus power supply facilities, such as trolleybus overhead line networks, power feed line networks and transformer substations, so as to ensure their safety and normal use. In case of a breakdown in the tram and trolleybus power supply facilities, the tram and trolleybus power supply unit shall organize emergency repairs at once and restore their normal function as soon as possible.
Tram and trolleybus power supply units shall, in accordance with relevant provisions of the State, erect protection markers around the power supply facilities.
The following acts posing hazards to the safety of tram and trolleybus power supply facilities are prohibited:
1. damaging or covering the tram and trolleybus power supply facilities or their protection markers;
2. hanging or putting up posters, billboards or other facilities on the tram and trolleybus overhead line networks or power feed line networks; and
3. other acts that endanger the safety of tram and trolleybus power supply.
In case construction of projects may endanger the safety of tram and trolleybus power supply facilities, the development unit shall hold consultations with the tram and trolleybus power supply unit and take appropriate safety measures before starting construction.
When transporting articles of unusual height across trolleybus overhead line networks or power feed line networks, the transporter shall adopt appropriate safety measures and inform the trolleybus power supply unit in the written form.
Article 41
This Municipality shall, in accordance with main motor vehicle lanes, bus, tram and trolleybus capacity, the volume of buses, trams and trolleybuses, etc., open rush-hour exclusive lanes for buses, trams and trolleybuses; on one-way roads for motor vehicles that meet the required conditions, buses, trams and trolleybuses shall be allowed to run both ways; at main crossroads that meet the required conditions, signs or signal devices shall be put up for giving priority to buses, trams and trolleybuses; the main motor vehicle lanes in this Municipality shall open bus bay stops.
Chapter V Supervision, Inspection and Complaint
Article 42
The municipal transport administrative department and the Municipal Transport Administrative Section, the Municipal Traffic Enforcement Division, the Municipal Traffic Enforcement Division, the district transport administrative department, the district traffic administrative organ, and the district traffic administrative law enforcement organ shall intensify supervision and inspection of bus, tram and trolleybus operation.
Personnel of the above-mentioned departments going on inspection shall carry administrative law enforcement ID cards.
Article 43
The Municipal Transport Administrative Section, the district traffic administrative organ and line operators shall institute a system to hear and handle passenger complaints against acts violating the provisions of these Regulations.
Article 44
Line operators shall make a reply to the complaints within 10 working days upon receiving them. In case the passenger making the complaint finds the reply unacceptable, he/she may appeal to the Municipal Transport Administrative Section or the district traffic administrative organ.
The Municipal Transport Administrative Section or the district traffic administrative organ shall make a reply within 20 working days upon receiving a complaint or an appeal from the passenger.
Article 45
The Municipal Transport Administrative Section or the district traffic administrative organ may verify complaints and their handling with the line operator. When the Municipal Transport Administrative Section or the district traffic administrative organ needs to verify complaints and their handling with the line operator, it shall issue a notice for complaint verification to the latter. The line operator shall, within 10 working days upon receiving the notice for complaint verification, make a written reply to the Municipal Transport Administrative Section or the district traffic administrative organ, stating relevant circumstances or his opinions on the handling of the complaints.
Chapter VI Legal Liabilities
Article 46
In case a line operator engages in bus, tram and trolleybus transport without acquiring line operation rights in violation of Paragraph 1, Article 12 of these Regulations, the Municipal Traffic Enforcement Division, the Municipal Traffic Enforcement Division or the district traffic administrative law enforcement organ shall confiscate his/her unlawful gains and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan. The municipal or district administrative department of transport may, before imposing administrative punishments, seize the operating vehicle, and enjoin the wrongdoer to report at a designated place within the prescribed time limit.
Article 47
In case a line operator, in violation of Paragraph 2, Article 12 of these Regulations, commit either of the following acts, the municipal or district transport administrative department shall confiscate his/her unlawful gains and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan or revoke his/her certificate of line operation rights:
1. contracting for other units or individual persons to operate the line; or
2. transferring the line operation rights arbitrarily.
In case a line operator fails to implement the operation management system concerning passenger transport service, safe driving, etc. in violation of Paragraph 1, Article 19 of these Regulations, the municipal or district transport administrative department shall enjoin him/her to make rectification within the prescribed time limit. In case of failure on the part of the line operator to make rectification within the time limit, the municipal or district transport administrative department may revoke his/her certificate of line operation rights.
In case the line operator commits acts listed in Paragraph 1 or 2 of this article resulting in serious loss of public or private property, serious adverse social reaction or other serious consequences, the municipal or district transport administrative department may revoke part or all of his/her certificates of line operation rights.
Article 48
In case a driver, conductor/conductress or dispatcher commits any of the following acts, the Municipal Traffic Enforcement Division, the Municipal Traffic Enforcement Division or the district traffic administrative law enforcement organ may give a disciplinary warning or impose a fine of not less than 50 yuan but not more than 200 yuan:
1. failure to follow service norms in violation of Paragraph 2, 3 or 4, Article 31 of these Regulations;
2. failure to arrange for passengers to change vehicles free of charge, or to refund their tickets in violation of Paragraph 3, Article 32 of these Regulations; or
3. failure to observe the managerial regulations of stops and stations in violation of the provisions of Paragraph 3, Article 38 of these Regulations.
Article 49
In case a line operator does any of the following acts, the Municipal Traffic Enforcement Division, the Municipal Traffic Enforcement Division and the district traffic administrative law enforcement organ shall enjoin him/her to make rectification or to make rectification within a prescribed time limit. Cumulatively, a disciplinary warning may be issued or a fine of not less than 200 yuan but not more than 2,000 yuan may be imposed:
1. exceeding the approved maximum number of passengers to be carried by the vehicle in violation of Paragraph 2, Article 19 of these Regulations;
2. failure to follow plans of line operation routes as filed for the record in violation of Paragraph 1, Article 20 of these Regulations;
3. failure to operate air-conditioned vehicles in accordance with the provisions in violation of Article 22 of these Regulations;
4. failure to allocate monitoring facilities in accordance with the prescribed norms or failure to send relevant operational data in accordance with the relevant provisions in violation of the provision of Paragraph 2, Article 29 of these Regulations;
5. failure to report when a traffic accident occurs in violation of the provision of Paragraph 1, Article 30 of these Regulations; or
6. failure to meet the requirements set for operating vehicles in violation of the provision of Paragraph 3, Article 30 of these Regulations.
In case a line operator does any of the following acts, the Municipal Traffic Enforcement Division, the Municipal Traffic Enforcement Division and the district traffic administrative law enforcement organ shall enjoin him/her to make rectification or to make rectification within a prescribed time limit. Cumulatively, a disciplinary warning may be issued or a fine of not less than 500 yuan but not more than 5,000 yuan may be imposed:
1. failure to file plans of line operation for the record in violation of the provision of Paragraph 1, Article 20 of these Regulations;
2. failure to take on or discharge passengers at prescribed stops and stations or approved common beckoning stops in violation of the provision of Article 23 of these Regulations;
3. failure to charge fares in accordance with approved rates or failure to issue tickets of equivalent value upon charging fares in violation of the provision of Article 28 of these Regulations; or
4. the rate of violation of regulations by line operator’s drivers, conductors/conductresses or dispatchers going beyond 2% for two consecutive months violating the provision of Article 31 of these Regulations.
In case a line operator does any of the following acts, the Municipal Traffic Enforcement Division, the Municipal Traffic Enforcement Division and the district traffic administrative law enforcement organ shall enjoin him/her to make rectification or to make rectification within a prescribed time limit. Cumulatively, a fine of not less than 1,000 yuan but not more than 10,000 yuan may be imposed:
1. termination of operation arbitrarily in violation of the provision of Article 24;
2. adjustment of line operation arbitrarily in violation of the provision of Paragraph 1 or 2 of Article 25;
3. failure to give public notice of adjustment in line operation in violation of the provision of Paragraph 1, Article 26 of these Regulations; or
4. failure to submit to the unified control and coordination in violation of the provision of Article 27 of these Regulations.
Article 50
In case of any of the following acts, the Municipal Traffic Enforcement Division, the Municipal Traffic Enforcement Division and the district traffic administrative law enforcement organ shall enjoin the violator of regulations to make rectification or to make rectification within a prescribed time limit. Cumulatively, a fine of not less than 2,000 yuan but not more than 20,000 yuan may be imposed:
1. shutting down, or converting to other uses, facilities of stops and stations arbitrarily by operators in violation of Paragraph 5, Article 35 of these Regulations;
2. failure by line operators to set up at terminals vehicle dispatching facilities and traffic sheds in violation of Paragraph 3, Article 36 of these Regulations;
3. failure by line operators to erect signposts at bus, tram and trolley bus stations and stops in violation of the provision of Article 37 of these Regulations;
4. where the unit that runs the stops and stations fails to maintain the facilities of stops and stations in violation of the provision of Paragraph 2, Article 38 of these Regulations;
5. failure by line operators to comply with relevant provisions for the administration of bus, tram and trolleybus operation regarding the position, size and color of the advertisements in violation of Paragraph 1, Article 39 of these Regulations;
6. broadcasting audio advertisements or distributing written advertisements in the vehicle in violation of Paragraph 2, Article 39 of these Regulations;
7. where advertisements are put on covered bus stops or stations, the overall area of such advertisements has surpassed 40% of the three-dimensional area of covered bus stops or stations, in violation of the provision of Paragraph 3, Article 39 of these Regulations; or
8. endangering the safety of tram and trolleybus power supply facilities in violation of Paragraph 3, 4 or 5, Article 40 of these Regulations. In case the unlawful acts result in the loss of property, the wrongdoers are liable for damages.
Article 51
The municipal and district transport administrative departments, the Municipal Transport Administrative Section, the Municipal Traffic Enforcement Division, the Municipal Traffic Enforcement Division, the district traffic administrative organ, and the district traffic administrative law enforcement organ shall establish and perfect the supervision system of the law enforcement by the passenger transport inspection personnel. Any relevant administrative department or their working personnel that commit any of the following acts shall be given administrative sanction by his/her own unit or by the superior competent administrative department; if the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability as provided by law:
1. implementing administrative permit in violation of laws;
2. imposing administrative punishment in violation of laws;
3. failure to perform the duty of supervision and administration in violation of the provisions of these Regulations;
4. failure to deal with or reply according to law after the receipt of complaints by reports or petitions and such failure causing serious consequences in violation of the provisions of these Regulations; or
5. other acts of neglecting their duties, abusing their powers, or playing favoritism and committing irregularities.
Article 52
If the party concerned finds unacceptable the specific administrative act of the municipal or district transport administrative department, the Municipal Transport Administrative Section, the Municipal Traffic Enforcement Division, the Municipal Traffic Enforcement Division, the district traffic administrative organ, or the district traffic administrative law enforcement organ, he/she may apply for administrative reconsideration or take legal proceedings in accordance with 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.
The departments that made the specific administrative act may apply to the people’s court for enforcement in case the party concerned neither applies for reconsideration, nor takes legal proceedings, nor performs the specific administrative act within the time limit set by law.
Chapter VII Supplementary Provisions
Article 53
Implication of terminology used in these Regulations:
1. A repeated line refers to a new line more than 70 percent of which runs along an old line, or a new line that runs along the main sections of an old line where the majority of passengers board the bus, tram or trolleybus and whose terminals are near those of an old line.
2. Cities and towns refer to the central city, new city, central town and ordinary town.
3. Rate of violation of regulations by drivers, conductors/conductresses or dispatchers refers to the percentage of person-times of violation of these Regulations by drivers, conductors/conductresses or dispatchers over the total of trained and qualified drivers, conductors/conductresses and dispatchers.
Article 54
Line operators who started business before these Regulations took effect shall complete the formalities with the municipal transport administrative department for the rights to line operation.
Article 55
These Regulations shall be effective as of January 1, 2001.