Administrative Provisions on International Road Transportation

Administrative Provisions on International Road Transportation

Order of the Ministry of Communications [2005] No. 3

April 13, 2005

The Administrative Provisions on International Road Transportation, having passed by the seventh Ministerial meeting on April 6, 2005, are hereby promulgated and shall be implemented as of June 1, 2005.

Minister: Zhang Chunxian

Administrative Provisions on International Road Transportation

Chapter I General Provisions

Article 1 These Provisions are formulated in accordance with the Provisions on Road Transport and the vehicle transport conventions between our government and relevant foreign governments, for the purpose of standardizing the operation activities of international road transport, safeguarding the order of international road transport market, protecting the parties' legitimate rights and interests of international road transport and promoting the development of international road transport.

Article 2 These Provisions shall apply to the operations of international road transport between the People's Republic of China and relevant countries.
The international road transport referred to herein shall include international road transport of passengers and international road transport of freight.

Article 3 International road transport shall adhere to the principles of equality and reciprocity, fair competition and joint development.
Administration of the international road transport shall be fair, just, open and being convenient for people.

Article 4 The Ministry of Communications shall be the authority to administrate the nationwide international road transport.
The competent authorities of communications under the provincial people's government shall take charge of organizing and leading the administration of international road transport within its administrative district.
The provincial road transport administrative authority shall take charge of specifically implementing the administration of international road transport within its administrative district.

Chapter II Operating License

Article 5 To engage in international road transport, and applicant shall satisfy the following conditions:
1. Be an enterprise legal person with domestic operation license for road transportation;
2. Have engaged in domestic road transport business for over 3 years, and there has been no major or above road transport accident within the most recent 3 years for which the applicant is responsible;
The road transport accident for which the applicant is responsible refers to a transport accident that the driver undertakes equal or more responsibility;
3. The drivers shall satisfy the conditions as provided in Article 6. Drivers, loading and unloading administrator and supercargo engaged in transport of dangerous cargos shall satisfy relevant administrative provisions of transport of dangerous cargos;
4. The technical grade of the vehicles to be invested in international road transport shall reach Level 1;
5. There shall be sound safe production and administration system.

Article 6 Drivers engaged in international road transport shall satisfy the following conditions:
1. Has obtained relevant drivers license of vehicles;
2. Not exceeding 60 years old;
3. Has passed the examination's on relevant provisions on international road transport, foreign affairs provisions, vehicle maintenance, cargo loading and preservation, and basic knowledge of passenger first-aid held by the municipal road transport administrative authority, and has obtained the Practitione's License of Operating Driver;
4. Engaged in passenger transport and has no record of major or above transport accident within the most recent 3 years for which the driver is responsible.

Article 7 Operators to be engaged in international road transport shall apply to the local provincial road transport administrative authority by submitting the following materials:
1. Application form for operation of international road transport;
2. Operation License for Road Transportation and its duplicate;
3. The legal person's business license and its duplicate;
4. Certificate that the enterprise has no major or above road transport accident within the most recent 3 years for which it is responsible;
5. Road transport certificate for vehicles to be invested into operation of international road transport and undertaking letter to purchase vehicles; such undertaking letter shall include the number, type, technical performance and purchase time of vehicles, etc;
6. The motor vehicle driving license of the driver who is to be hired and occupation qualification certificate attesting that the driver has no major or above road transport accident within the most recent 3 years for which the driver is responsible for the drivers to be engaged;
7. Safety administration system of international road transport, including: system of safe production responsibilities, business operation regulations for safety in production, supervision and inspection system for safety in production, and administration system of drivers and vehicles on safe production, etc.
Operators engaged in regular international road transport of passengers shall also submit the scheme of route, stops and frequency of the regular international road transport of passengers.
Operators engaged in transport of dangerous goods shall also submit the driver's, loading and unloading administrators and supercargo's practitioner license.

Article 8 Operators that have obtained operating license of international road transport shall apply with the provincial-level road transport administrative authority for additional regular international road transport of passengers by submitting the following materials:
1. Operation License for Road Transportation and its duplicate;
2. The scheme of route stops and frequency of the regular international road transport of passengers to be added.
3. Road transport certificate for vehicles to be invested into operation of international road transport and undertaking letter to purchase vehicles;
4.
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