Regulations of Shanghai Municipality on the Administration of Motor Vehicles for Hire
Regulations of Shanghai Municipality on the Administration of Motor Vehicles for Hire
(Adopted at the 19th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on June 16, 1995; amended for the first time in accordance with the Decision on the Amendments to the Regulations of Shanghai Municipality on the Administration of Motor Vehicles for Hire adopted at the 36th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on May 27, 1997; amended for the second time in accordance with the Decision on the Amendments to the Regulations of Shanghai Municipality on the Administration of Motor Vehicles for Hire adopted at the 25th Session of the Standing Committee of the 11th Shanghai Municipal People's Congress on January 17, 2001; amended for the third time in accordance with the Decision on the Amendments to the Regulations of Shanghai Municipality on the Administration of Motor Vehicles for Hire adopted at the 7th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on October 10, 2003; and amended for the forth time in accordance with the Decision on the Amendments to the Regulations of Shanghai Municipality on the Administration of Motor Vehicles for Hire adopted at the 28th Session of the Standing of the 12th Shanghai Municipal People's Congress on June 22, 2006; amended for the fifth time in accordance with the Decision of the Standing Committee of Shanghai Municipal People's Congress on the Amendments to Some Local Rules of This Municipality adopted at the 31st Session of the Standing Committee of the 13rd Shanghai Municipal People's Congress on December 22, 2011; amended for the sixth time in accordance with the Decision of the Standing Committee of Shanghai Municipal People's Congress on Amending Eight Local Rules Including the Regulations of Shanghai Municipality on Environmental Protection adopted at the 21st Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on June 18, 2015; amended for the seventh time in accordance with the Decision of the Standing Committee of Shanghai Municipal People's Congress on Amending Twelve Local Rules Including the Regulations of Shanghai Municipality on Elderly Care Service and Repealing Six Local Rules Including the Provisions of Shanghai Municipality for the Protection and Development of Telecommunications adopted at the 9th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on December 28, 2023)
Chapter I General Provisions
Article 1
These Regulations are formulated for the purpose of strengthening the administration of motor vehicles for hire business in this Municipality, improving the service quality of motor vehicles for hire, safeguarding the legitimate rights and interests of passengers, users, enterprises and self-employed workers that operate motor vehicles hire business (hereinafter referred to as business operators) and their employees, and meeting the needs of urban economic development and the people's life in accordance with relevant laws and regulations of the State and in the light of the actual circumstances in this Municipality.
Article 2
The motor vehicles for hire mentioned in these Regulations refers to passenger motor vehicles that provides passenger transport service or for rental service in accordance with the wishes of passengers and users.
Passenger transport service refers to the provision of transport service in accordance with the wishes of the passenger and the operation in motor vehicles with drivers hired for a charge based on the length and time of the journey.
Motor vehicle rental service refers to renting out passenger motor vehicles with no drivers to users for a charge based on the length of rental time.
Article 3
These Regulations are applicable to the business operators of motor vehicles for hire and their employees, passengers and users, and the units and individual persons related to the operation in motor vehicles for hire in this Municipality.
Article 4
The Municipal Transport Administrative Department is the competent administrative department in charge of the business in operating motor vehicles for hire in this Municipality, and is responsible for organizing the implementation of these Regulations. The Shanghai Municipal Urban Traffic Administration Division under the Municipal Transport Administrative Department (hereinafter referred to as the MTAD) takes charge of the specific implementation of the routine administration work on passenger transport by motor vehicles for hire, and directly carries out the routine administration and supervision over passenger transport by motor vehicles for hire in Huangpu District, Xuhui District, Changning District, Jing'an District, Putuo District, Hongkou District, and Yangpu District. The Law Enforcement Branch of Shanghai Municipal Transportation Commission under the Municipal Transport Administrative Department (hereinafter referred to as MTLEB) takes charge of the specific detailed supervision and inspection work on passenger transport by motor vehicles for hire, and metes out administrative punishments in accordance with the provisions of these Regulations.
The district traffic 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 DTAD) take charge of organizing the administrative work on passenger transport by motor vehicles for hire within their respective administrative areas. The traffic administrative agencies under the DTAD (hereinafter referred to as the DTAA) take charge of the specific implementation of the routine administration and supervision work on passenger transport by motor vehicles for hire within their respective administrative areas. The traffic administrative law enforcement agencies under the DTAD (hereinafter referred to as the district/county DTALEA) take charge of the specific implementation of the supervision and inspection work on passenger transport by motor vehicles for hire within their respective administrative areas, and mete out administrative punishments in accordance with the provisions of these Regulations.
The relevant administrative departments in this Municipality shall help implement these Regulations in accordance with their respective duties.
Article 5
The business of motor vehicles for hire in this Municipality shall be developed in coordination with other modes of public passenger transport.
The development program and plan for the number of motor vehicles for hire, parking lots or garages, business spots and dispatching network shall be made by the Municipal Transport Administrative Department in the light of the actual conditions of urban construction and social and economic development, and shall be implemented after being submitted for approval to the Municipal People's Government.
Article 6
Unified administration, legitimate operation and fair competition shall be exercised in the motor vehicles for hire business.
The charging rates for motor vehicles for hire, and the taxes and other fees in operating this business shall be uniformly fixed in accordance with the relevant regulations of the State and this Municipality. The rates, taxes and other fees shall be fair and reasonable.
Article 7
The administrative departments of motor vehicles and their staff members shall exercise administration according to law, handle matters impartially and provide a civilized service.
Article 8
Business operators shall abide by the laws and regulations of the State and these Regulations, and protect the legitimate rights and interests of passengers, users and the employees in the business.
Chapter II Administration of the Required Qualities for Operating the Business
Article 9
Enterprises engaged in passenger transport shall meet the following requirements:
1. in possession of motor vehicles suitable for passenger transport and appropriate fund;
2. in possession of parking spaces and premises for operation which meet the prescribed requirements;
3. having personnel for quality control and safety and for management, and drivers that meet the stipulated requirements; and
4. having a system of operation and management auxiliary to the scheme for operation.
Article 10
Self-employed workers engaged in passenger transport shall meet the following requirements:
1. in possession of motor vehicles suitable for passenger transport and appropriate fund;
2. having parking spaces which meet the prescribed requirements;
3. having at least two years' experience in driving motor vehicles for hire; and
4. holding a certificate evidencing the acceptance of entrusted administration issued by an enterprise engaged in motor vehicles for hire business approved by the Municipal Transport Administrative Department and other departments.
Article 11
Drivers of motor vehicles for hire shall meet the following requirements:
1. having received junior middle school education or above;
2. holding a motor vehicle driving license approved and issued by the public security departments in this Municipality;
3. having passed the vocational training in driving motor vehicles for hire; and
4. abiding by the laws and rules.
Any driver who has been disqualified from passenger transport shall not be the driver of a motor vehicle for hire within 5 years of the disqualification.
Article 12
Business operators in motor vehicles rental service shall meet Paragrap1, 2, and 4 of Article 9.
Article 13
Anyone who engages in passenger transport shall apply to municipal or district transport administrative departments for license. The municipal or district transport administrative departments shall make a decision of examination and verification in accordance with the development plan of the motor vehicles for hire business in this Municipality and the conditions of the applicant.
Anyone who engages in motor vehicles rental service shall go through the record-filling procedures.
After obtaining the certificate of approval and completing the the record-filling procedures, business operators engaging in passenger transport or in the rental service of motor vehicles shall go through the formalities for licenses for motor vehicles and insurance in accordance with law.
Anyone who is approved to engage in regional operation of motor vehicles for hire shall operate the business in the specified region.
Unless approved, motor vehicles shall not be used in the passenger transport of motor vehicles for hire. Motor vehicles not registered in this Municipality shall not be used in the business of motor vehicles for hire activities whose starting points and destinations are within the administrative areas of this Municipality.
Article 14
The drivers employed by the self-employed workers who engage in passenger transport shall meet the requirements as prescribed in article 11, and shall, within 10 days from the date of employment, report to the MTAD for the record.
The employer shall assume the relevant legal liability if the employees thus employed act in violation of these Regulations.
Article 15
The municipal and district transport administrative departments shall exercise an annual check on the operational qualification of business operators.
Article 16
Business operators who change the type of business registration or close down their business shall go through the relevant procedures with the municipal or district transport departments within 10 days of change or closing down with the documents issued by the relevant departments.
Chapter III Administration of Passenger Transport Service
Article 17
Business operators shall strengthen the administration of the motor vehicles for passenger transport in the following ways:
1. Motor vehicles for passenger transport shall not be driven by personnel who do not hold permit of driving motor vehicles for hire;
2. If any motor vehicle needs to cease running for ten consecutive days or more, it shall be reported for the record to the MTAD or the DTAA;
3. If any motor vehicle for passenger transport needs to get out of business operation, its registration shall be cancelled by the MTAD or the DTAA; and
4. Motor vehicles for passenger transport shall comply with other relevant regulations.
Motor vehicles for passenger transport shall meet the following requirements:
1. The body, the inside and the luggage space of the motor vehicle shall be kept clean and tidy;
2. The milometer and the air-conditioner shall be in proper working condition;
3. The documents of operational qualification and the license plate for motor vehicles for special use shall be clean and valid;
4. Charging rates, name of enterprise, supervision telephone number, license-plate number, and other service labels shall be installed in the stipulated places inside the vehicle;
5. The taximeter shall be installed in medium and small passenger vehicles as stipulated;
6. The anti-robbery device and dome light shall be installed in a small passenger vehicle; and
7. Other requirements in conformity with the passenger transport standard.
Special-type passenger motor vehicles approved by the MTAD are exempt from the restrictions imposed by Subparagraph 4, 5, and 6 of the preceding Paragraph.
Article 18
The modes of calling by waving hands, telephone booking and renting at taxi-stand shall be practiced in passenger transport.
The business operators and their employees shall provide a convenient, timely, punctual, safe and civilized service for passengers, and take priority in providing vehicles for the old, weak, sick, disabled, pregnant people and all those who need emergency treatment.
In case there arises a severe shortage of motor vehicles in supply at the main passenger transport distributing center, a need for dealing with an emergency, or for rescue work, or for an important event, or in other special situations, the business operators shall act under the unified command of the MTAD or the DTAA.
Article 19
The business operators and their employees shall implement the standard of charging rates approved by the municipal departments of price control, and use the fare invoices printed by the Municipal Transport Administrative Department jointly with the municipal taxation departments.
The charge for passenger transport includes the insurance premium for passenger accident injury.
Article 20
The municipal and district transport administrative departments shall, jointly with the departments of public security, install temporary stops for motor vehicles for hire with conspicuous signs in the commercial centers or residential areas and on the main roads for passengers to get on or off in the principle of providing convenience for passengers and in the light of the road conditions.
Article 21
Operation stations for motor vehicles for hire and their auxiliary parking spaces shall be installed in airports, railway stations, passenger transport docks, long-distance bus stations and other public passenger distribution centers, as well as newly built residential areas and economic and technological development zones.
Any motor vehicle for hire entering operation stations for motor vehicle for business shall be subject to the dispatch and administration.
In case the unifiedly planned and constructed operation stations for motor vehicles for hire and their auxiliary parking spaces need to be closed or put to other uses, the matter shall be subjected to the examination and approval by the administrative departments of city planning and the department of public security, and shall, within 10 days from the date of approval, be reported to the municipal or district transport administrative department.
Article 22
Dispatchers working at the operation stations for motor vehicles for hire shall abide by the following rules:
1. to wear service signs, dress neatly and behave in a civilized and polite manner;
2. to provide motor vehicles whenever there is one available, and dispatch motor vehicles in order and to disperse passengers in time; and
3. to prevent drivers from refusing to transport passengers or from disobeying the dispatch.
Article 23
Drivers of motor vehicles for passenger transport shall abide by the following rules:
1. to dress neatly, behave in a civilized and polite manner, and do not smoke inside the vehicle;
2. to carry the documents of operational qualification which are in conformity with the relevant regulations;
3. to stop the motor vehicle in accordance with the relevant regulations when letting on or off passengers;
4. to drive on reasonable routes or on routes as required by passengers;
5. to operate the taximeter according to the regulations;
6. to charge according to the standard of charging rates and give fare invoices; and
7. to meet the other requirements for passenger transport standard.
Article 24
Drivers for passenger transport shall not refuse to transport passengers. Any of the following acts is regarded as refusing to transport passengers:
1. to refuse to transport passengers after the driver's vehicle has stopped when the "For hire" light is on and a passenger waves to stop the vehicle;
2. to refuse to obey to the dispatch at an operation station when the "For Hire" light is on;
3. to refuse to transport passengers when waiting to be hired at a passenger distribution center or at the side of a road when the "For Hire" light is on; or
4. to discontinue service without any proper reason in the process of transportation.
Article 25
Passengers shall abide by these Regulations and the traffic control regulations, and shall not stop a motor vehicle for hire when the vehicle is running, or when a vehicle stops at red traffic lights or in a place where motor vehicles are forbidden to stop.
Passengers shall behave in a civilized manner when riding a vehicle, and abide by the following rules:
1. No littering, no smoking and no smearing or damaging a vehicle;
2. Carrying no combustibles or explosives or any other dangerous materials;
3. Making no requests which are in violation of these Regulations and the traffic control regulations;
4. An intoxicated person or mental patient shall be under guardianship when riding a vehicle; and
5. Abiding by other relevant regulations.
Article 26
Passengers shall pay a charge and other relevant fees in accordance with the prescribed standard of charging rates.
Passengers may refuse to pay the fare in any of the following situations:
1. The hired medium or small motor vehicle has no taximeter or the taximeter is not in use;
2. The driver does not give a fare invoice or other relevant payment receipt; and
3. The hired motor vehicle fails to fulfill the transportation owing to a breakdown of the vehicle within the minimum distance of payment.
Article 27
In case a passenger needs to go out of this Municipality or go to the suburban areas or to remote and deserted regions during the night, the passenger transport driver may request the passenger to go together to the nearest department of public security to have the passenger’s identity card examined and register, and report to the passenger transport unit which employs the driver. The passenger shall cooperate.
Article 28
Passenger transport drivers may refuse to provide transport service to passengers who do not abide by Article 25 or Article 27 of these Regulations.
Article 29
Passenger transport drivers shall manage to return to the owner in time the property that a passenger has left behind in the motor vehicle. The lost property that cannot be returned shall be handed in to the employer unit. The unit shall be responsible for the care of the property, and report it to the MTAD or the DTAA.
A passenger who has left behind property in a passenger transport motor vehicle may report the loss by the fare invoice to the passenger transport service unit, or to the MTAD or the DTAA.
Article 30
Business operators shall fill in the forms for reporting statistics about passenger transport to the MTAD or the DTAA in accordance with the relevant regulations.
Article 31
Business operators shall pay relevant taxes and fees in accordance with the relevant regulations.
Chapter IV Administration of the Rental Service of Motor Vehicles
Article 32
Business operators shall establish and perfect the system of the administration of the rental of motor vehicles, and abide by the following rules:
1. to operate within the scope of business as approved;
2. to charge according to the standard of charging rates checked and ratified by the municipal department of price control;
3. to use the fare invoices printed by the Municipal Transport Administrative Department jointly with the municipal departments of taxation;
4. to fill in the forms for reporting statistics about the rental service of motor vehicles to the MTAD in accordance with the relevant regulations; and
5. to pay relevant taxes and fees in accordance with the relevant regulations.
Article 33
Motor vehicles in rental service shall meet the following requirements:
1. The engine and other devices are in proper working condition;
2. The body, the inside and the luggage space of the motor vehicle are kept clean and tidy
3. The air-conditioner, acoustical and other equipment are in proper working condition; and
4. The documents of operational qualification and the license plate for motor vehicles for special use are clean and valid;
No dome light or taximeter shall be installed in motor vehicles in rental service.
If any motor vehicle in rental service needs to get out of business operation, the business operator shall have its registration canceled by the MTAD.
Article 34
The user shall present relevant documents or certificates when the user rents a motor vehicle. The business operator may request the user to provide security with property of appropriate value or someone with the compensatory capacity to act as security.
The driver of a rented motor vehicle must hold a valid motor vehicle driving license valid of the People's Republic of China.
Article 35
When the business operators are engaged in the rental service of motor vehicles, they shall sign rental contracts with users in accordance with the relevant laws and regulations.
Article 36
After renting a motor vehicle, the user shall not sublease the rented motor vehicle or use the rented motor vehicle in profit making transport operation.
Chapter V Inspection and Complaint
Article 37
The MTAD, MTLEB, DTAA, and DTALEA shall strengthen supervision and inspection over motor vehicles for hire. Passenger transport administrators shall wear uniforms and on-duty signs for identification when they are carrying out the task of inspection over motor vehicles for hire at passenger distribution centers or on roads.
The MTAD and the DTAA shall exercise supervision over the contract of operation signed by business operators and their employees.
Article 38
The MTAD, the DTAA, and the enterprises operating in motor vehicles for hire shall establish a system of handling complaints, handling cases which are in violation of these Regulations and accepting supervision by the society.
A complainant shall present evidence relevant to the complaint.
Article 39
The MTAD or the DTAA shall finish the process of handling a complaint case within a month of accepting the case, and within three months if the case is complicated and difficult.
A business operator shall give a reply to the complaint within 10 days after accepting the case. If anyone has objection to the reply, he/she may complain to the MTAD or the DTAA.
Article 40
If an employee in the business of motor vehicles for hire violates these Regulations or is the object of a complaint, the employer enterprise shall assign somebody to accompany the employee to the MTAD or the DTAA to accept enquiry.
The MTLEB and the DTALEA shall implement a system of recording the violations of these Regulations by passenger transport drivers. The drivers whose violations reach a certain number shall have participated in the education and training organized by the MTAD. The specific regulations on the system shall be formulated by the Municipal Transport Administrative Department.
Article 41
If any dispute arises concerning the supply of motor vehicles or concerning charges, the relevant parties may go to the MTAD or the DTAA for arbitration. The fare needed from the time of hiring until the time of accepting and hearing the case shall be paid by the person who is liable for the dispute.
If a passenger complains that the taximeter is inaccurate, the MTAD or the DTAA shall seal up the taximeter and its accessory equipment immediately, and send it to the department of technology inspection for checking. The amount of money needed shall be paid by the person who is liable for the incident.
Article 42
If a complaint is about overcharging, the department that accepts and hears the case may reward the complainant after finding that the overcharging is true.
Chapter VI Legal Liabilities
Article 43
Business operators whose acts violate these Regulations shall be punished by the MTLEB, DTALEA in accordance with the following rules:
1. Any act that violates Articles 9, 10, or 12 shall be ordered to make corrections within a prescribed time limit;
2. Any act that violates Article 16, Paragraph 2 of Article 17, Paragraph 2 of Article 21, Article 33, Paragraph 2 of Article 39 or, Article 40 shall be ordered to make corrections, and may cumulatively be penalized with a fine of between not less than 200 yuan and not more than 2000 yuan;
3. Any act that violates Paragraph 1 of Article 17, Paragraph 3 of Article 19 shall be ordered to make corrections, and may cumulatively be penalized with a fine of between not less than 2000 yuan and not more than 5000 yuan;
4. For violation of Paragraph 1 of Article 19, Subparagraph 2, 3 of Article 32, the wrongdoer shall have his/her illegal gains confiscated and may cumulatively be penalized with a fine of between not less than 1000 yuan and not more than 5000 yuan.
5. For violation of Paragraph 3 of Article 21, the wrongdoer shall be ordered to make corrections within a prescribed time limit; in case corrections are not made beyond the prescribed time limit, a fine of between not less than 100 yuan and not more than 1000 yuan may cumulatively be imposed;
A business operator whose act violates Article 30, Article 31 or Subparagraph 4 or 5 of Article 32 shall be punished in accordance with the relevant laws and regulations.
A business operator whose act seriously violates these Regulations shall be ordered by the MTLEB, DTALEA to stop some or all of the operator’s motor vehicles in operation for not more than 15 days, or his operational qualification for operating in motor vehicles for hire shall be cancelled by the municipal or district transport administrative department.
Article 44
Passenger transport drivers whose acts are in violation of these Regulations shall be punished by the MTLEB or DTALEA in accordance with the following rules:
1. Anyone whose act violates Paragraph 3 of Article 14 shall be ordered to make immediate corrections, and may cumulatively be penalized with a fine of 200 yuan;
2. Anyone whose act violates Paragraph 1 of Article 19, or Subparagraph 4, Subparagraph 5 or Subparagraph 6 of Article 23, may have his illegal gains confiscated, and may cumulatively be penalized with a fine of between not less than 200 yuan and not more than 2000 yuan;
3. Anyone whose act violates Paragraph 2 of Article 21, or Subparagraph 1, Subparagraph 2, Subparagraph 3, or Subparagraph 2,3,7 of Article 23 shall be ordered to make corrections and may cumulatively be given a warning or be penalized with a fine of between not less than 50 yuan and not more than 200 yuan; and
4. Anyone whose act violates Article 24 shall be ordered to suspend business for 15 days and be cumulatively penalized with a fine of 200 yuan.
Any driver whose act severely violates these Regulations shall be ordered by the MTLEB or the DTALEA to suspend business for not more than 15 days, or have his operational qualification in passenger transport cancelled.
Article 45
A dispatcher at the operation station whose act violates Article 22 shall be ordered by the MTLEB or DTALEA to make corrections, and may cumulatively be penalized with a fine of between not less than 20 yuan and not more than 100 yuan; if the wrongful act is serious, his qualification as a dispatcher shall be cancelled.
Article 46
Any passenger whose act violates Paragraph 2 of Article 25 and causes damage to the motor vehicle shall pay for the damage. A violation of Paragraph 1 of Article 26 may be handled by the department of public security, the MTLEB or the DTALEA.
Article 47
Any user whose act violates Article 36 shall be ordered by the MTLEB or DTALEA to make corrections, and have his illegal gains confiscated. The user may cumulatively be penalized with a fine of between not less than 1000 yuan and not more than 3000 yuan.
Article 48
Anyone who engages in the passenger transport of motor vehicles for hire without authorization shall have his illegal gains confiscated by the MTLEB or DTALEA, and shall be penalized with a fine of between not less than 2000 yuan and not more than 50000 yuan.
Anyone acts in violation of the law as described in the preceding clause, the the municipal or district transport administrative departments may seize his/her motor vehicle and give a certificate of seizure. If the administrative punishment is performed as scheduled after the detainment, the municipal or district transport administrative departments shall remove the detainment immediately and return the seized motor vehicle to the owner. If the administrative punishment is not performed after the scheduled date, the municipal or district transport administrative departments may put the seized motor vehicle at an auction in accordance with the relevant regulations.
Article 49
Anyone who refuses to accept or prevents examination by passenger transport administrators shall be ordered by the MTLEB and the DTALEA to make corrections and be cumulatively be penalized with a fine of 200 yuan. If the wrongful act is serious, the wrongdoer may be ordered to suspend business for not more than 15 days.
Anyone who interferes with passenger transport administrators in performing duties in violation of the Law of the People’s Republic of China on Public Security Administration and Imposition of Punishment shall be given an administrative punishment. If the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liabilities.
Article 50
The party concerned who refuses to perform the administrative act may apply for an administrative reconsideration or bring a lawsuit at a people's court in accordance with the Law of the People's Republic of China on Administrative Reconsideration and the Administrative Litigation Law of the People’s Republic of China.
If the party concerned neither applies for reconsideration, nor brings a lawsuit, nor performs the specific administrative act, the department that makes the decision of the administrative act shall apply to a people’s court for enforcement.
Article 51
Passenger transport administrators or other relevant administrators who violate these Regulations, abuse their power, play favoritism and commit irregularities or neglect their duties shall be given punishments in accordance with law; if the wrongful acts constitute a crime, the wrongdoers shall be prosecuted for their criminal liability.
Chapter VII Supplementary Provisions
Article 52
The Municipal Transport Administrative Department shall be responsible for interpreting these Regulations in their specific application.
Article 53
These Regulations shall be effective as of September 1, 1995.