Regulation of the People's Republic of China on Road Transport
Regulation of the People's Republic of China on Road Transport
Regulation of the People's Republic of China on Road Transport
Order of the State Council No. 406
April 30, 2007
Regulation of the People's Republic of China on Road Transport
Chapter I General Provisions
Article 1 The Regulation is formulated in order to maintain the order of road transport, ensure the safety of road transport, protect the legitimate rights and interests of all parties involved in road transport, and promote the healthy development of road transport.
Article 2 Anyone engaged in road transport, and other operations related to road transport, shall abide by the Regulation.
The term "road transport business,, as mentioned in the preceding paragraph, includes the business of road passenger transport and the business of road freight transport. The term "other operations related to road transport" includes the business operations of stations (sites), business operations of motor vehicle maintenance and repairs, and the training of motor vehicle drivers.
Article 3 The principle of lawful operation, honesty and good faith, and fair competition shall be observed by everyone engaged in the road transport business, and other operations related to road transport.
Article 4 Road transport administration shall be consistent with the principle of fairness, impartiality, openness and facilitating the people.
Article 5 The state shall encourage the development of rural road transport and shall take necessary measures to ensure as many towns, townships and administrative villages as possible have buses, to satisfy the living and production needs of the farmers.
Article 6 The state encourages road transport enterprises to engage in large-scale, and intensive, business operations. No work units or individual may blockade or monopolize the road transport market.
Article 7 The administrative department of communications of the State Council is responsible for the road transport administration of the whole country.
The administrative department of communications of the people's government at the county level or above is responsible for organizing and leading the road transport administration within its own administrative area.
The road transport administrative department at the county level or above is responsible for carrying out the specific administration of the road transport business.
Chapter II Road Transport Operation
Section I Passenger Transport
Article 8 Anyone who wishes to engage in the passenger transport business shall meet the following requirements:
1. Have vehicles that meet the demand of its business operations, and which are found, upon a test, to be qualified;
2. Have drivers that meet the requirements as described in Article 9 of the Regulation; and
3. Have sound rules on safe operations.
Anyone who wishes to engage in route passenger transport business operations shall provide a plan with clear routes and stops.
Article 9 A driver engaged in the passenger transport business operations shall meet the following requirements:
1. Have obtained the relevant motor vehicle driving permit;
2. Have not attained the age of 60 years;
3. Have no record of serious traffic accidents within the previous three years; and
4. Have basic knowledge, including passing tests, of relevant passenger transport laws and regulations, motor vehicle repair and maintenance, and first aid, as required by the road transport authority at the municipal level.
Article 10 Anyone who applies to engage in passenger transport business operations shall submit relevant materials, as follows, that meet the requirements outlined in Article 7 of the present Regulation:
1. Anyone who wishes to engage in passenger transport business operations within the administrative area of a county shall file an application with the county-level road transport authority;
2. Anyone who wishes to engage in the passenger transport business operations across two or more county-level administrative areas within a province, autonomous region, and/or municipality directly under the Central Government shall file an application with his/her common superior road transport authority;
3. Anyone who wishes to engage in passenger transport business operations across different provinces, autonomous regions, and/or municipalities directly under the Central Government shall file an application with the road transport authority of the province, autonomous region, and/or municipality directly under the Central Government of the place where it is situated.
The road transport authority that receives an application as provided for in the preceding paragraph shall complete the examination within 20 days, as of the day when the application is received, and make a decision whether to approve or reject the application. If approved, a road transport business operation license shall be issued to the applicant and a vehicle operation certificate shall be issued to the applicant for the vehicle that is to be used for transport. If it is rejected, a written circular, with an explanation, shall be given to the applicant.
Regarding an application to engage in road transport business operations across different provinces, autonomous regions, and/or municipalities directly under the Central Government, the relevant road transport authority of the provinces, autonomous regions, and/or municipalities directly under the Central Government shall, prior to issuing a road transport business operation license, in accordance with Paragraph 2 of the present Article, discuss with the road transport authority of the destination provinces, autonomous regions, and/or municipalities directly under the Central Government. If no agreement is reached after the discussion, it shall be reported to the administrative department of communications of the State Council, which shall make a decision.
A passenger transport business operator shall go through relevant registration procedures with the competent administrative department for industry and commerce, upon the strength of its road transport business operation license.
Article 11 If it is necessary for a passenger transport operator, who has obtained a road transport business operation license, to increase passenger transport business operation routes, the operator shall go through the relevant procedures, in accordance with Article 10 of the present Regulation.
Article 12 If the road transport authority at the county level examines the passenger business operation applications, it shall take into consideration the status of demand and supply in the passenger transport market, universal services, facilitating the public and other factors.
If there are 3 or more applicants applying for one route, a decision may be made by way of bidding.
Article 13 Road transport authorities at the county level shall regularly announce the status quo of demand and supply in the passenger business operation market.
Article 14 The route passenger transport business operation period shall be 4 to 8 years. If it is necessary to extend the route passenger transport business operation period when it expires, a new application shall be filed.
Article 15 If a passenger transport business operator wishes to terminate the passenger transport business, it shall inform the original approval organ within 30 days prior to the termination.
Article 16 A road passenger business operator shall provide passengers with a good environment, keep the vehicles clean and tidy, and take necessary measures to prevent illegal acts that violate the safety of passengers and/or their property.
Article 17 A passenger shall have a valid ticket, observe order, be polite and clean, not carry dangerous articles or other prohibited articles.
Article 18 After a route passenger transport business operator has acquired a road transport business operation license, it shall continuously provide transport services to the general public, and it shall not suspend, terminate or transfer the route passenger transport business without approval.
Article 19 Anyone who is engaged in the chartered passenger transport business shall operate the business in accordance with stipulated places of departure, destinations and routes.
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Order of the State Council No. 406
April 30, 2007
Regulation of the People's Republic of China on Road Transport
Chapter I General Provisions
Article 1 The Regulation is formulated in order to maintain the order of road transport, ensure the safety of road transport, protect the legitimate rights and interests of all parties involved in road transport, and promote the healthy development of road transport.
Article 2 Anyone engaged in road transport, and other operations related to road transport, shall abide by the Regulation.
The term "road transport business,, as mentioned in the preceding paragraph, includes the business of road passenger transport and the business of road freight transport. The term "other operations related to road transport" includes the business operations of stations (sites), business operations of motor vehicle maintenance and repairs, and the training of motor vehicle drivers.
Article 3 The principle of lawful operation, honesty and good faith, and fair competition shall be observed by everyone engaged in the road transport business, and other operations related to road transport.
Article 4 Road transport administration shall be consistent with the principle of fairness, impartiality, openness and facilitating the people.
Article 5 The state shall encourage the development of rural road transport and shall take necessary measures to ensure as many towns, townships and administrative villages as possible have buses, to satisfy the living and production needs of the farmers.
Article 6 The state encourages road transport enterprises to engage in large-scale, and intensive, business operations. No work units or individual may blockade or monopolize the road transport market.
Article 7 The administrative department of communications of the State Council is responsible for the road transport administration of the whole country.
The administrative department of communications of the people's government at the county level or above is responsible for organizing and leading the road transport administration within its own administrative area.
The road transport administrative department at the county level or above is responsible for carrying out the specific administration of the road transport business.
Chapter II Road Transport Operation
Section I Passenger Transport
Article 8 Anyone who wishes to engage in the passenger transport business shall meet the following requirements:
1. Have vehicles that meet the demand of its business operations, and which are found, upon a test, to be qualified;
2. Have drivers that meet the requirements as described in Article 9 of the Regulation; and
3. Have sound rules on safe operations.
Anyone who wishes to engage in route passenger transport business operations shall provide a plan with clear routes and stops.
Article 9 A driver engaged in the passenger transport business operations shall meet the following requirements:
1. Have obtained the relevant motor vehicle driving permit;
2. Have not attained the age of 60 years;
3. Have no record of serious traffic accidents within the previous three years; and
4. Have basic knowledge, including passing tests, of relevant passenger transport laws and regulations, motor vehicle repair and maintenance, and first aid, as required by the road transport authority at the municipal level.
Article 10 Anyone who applies to engage in passenger transport business operations shall submit relevant materials, as follows, that meet the requirements outlined in Article 7 of the present Regulation:
1. Anyone who wishes to engage in passenger transport business operations within the administrative area of a county shall file an application with the county-level road transport authority;
2. Anyone who wishes to engage in the passenger transport business operations across two or more county-level administrative areas within a province, autonomous region, and/or municipality directly under the Central Government shall file an application with his/her common superior road transport authority;
3. Anyone who wishes to engage in passenger transport business operations across different provinces, autonomous regions, and/or municipalities directly under the Central Government shall file an application with the road transport authority of the province, autonomous region, and/or municipality directly under the Central Government of the place where it is situated.
The road transport authority that receives an application as provided for in the preceding paragraph shall complete the examination within 20 days, as of the day when the application is received, and make a decision whether to approve or reject the application. If approved, a road transport business operation license shall be issued to the applicant and a vehicle operation certificate shall be issued to the applicant for the vehicle that is to be used for transport. If it is rejected, a written circular, with an explanation, shall be given to the applicant.
Regarding an application to engage in road transport business operations across different provinces, autonomous regions, and/or municipalities directly under the Central Government, the relevant road transport authority of the provinces, autonomous regions, and/or municipalities directly under the Central Government shall, prior to issuing a road transport business operation license, in accordance with Paragraph 2 of the present Article, discuss with the road transport authority of the destination provinces, autonomous regions, and/or municipalities directly under the Central Government. If no agreement is reached after the discussion, it shall be reported to the administrative department of communications of the State Council, which shall make a decision.
A passenger transport business operator shall go through relevant registration procedures with the competent administrative department for industry and commerce, upon the strength of its road transport business operation license.
Article 11 If it is necessary for a passenger transport operator, who has obtained a road transport business operation license, to increase passenger transport business operation routes, the operator shall go through the relevant procedures, in accordance with Article 10 of the present Regulation.
Article 12 If the road transport authority at the county level examines the passenger business operation applications, it shall take into consideration the status of demand and supply in the passenger transport market, universal services, facilitating the public and other factors.
If there are 3 or more applicants applying for one route, a decision may be made by way of bidding.
Article 13 Road transport authorities at the county level shall regularly announce the status quo of demand and supply in the passenger business operation market.
Article 14 The route passenger transport business operation period shall be 4 to 8 years. If it is necessary to extend the route passenger transport business operation period when it expires, a new application shall be filed.
Article 15 If a passenger transport business operator wishes to terminate the passenger transport business, it shall inform the original approval organ within 30 days prior to the termination.
Article 16 A road passenger business operator shall provide passengers with a good environment, keep the vehicles clean and tidy, and take necessary measures to prevent illegal acts that violate the safety of passengers and/or their property.
Article 17 A passenger shall have a valid ticket, observe order, be polite and clean, not carry dangerous articles or other prohibited articles.
Article 18 After a route passenger transport business operator has acquired a road transport business operation license, it shall continuously provide transport services to the general public, and it shall not suspend, terminate or transfer the route passenger transport business without approval.
Article 19 Anyone who is engaged in the chartered passenger transport business shall operate the business in accordance with stipulated places of departure, destinations and routes.
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