Regulations of the People's Republic of China on Road Transport (Revised in 2016)
Regulations of the People's Republic of China on Road Transport (Revised in 2016)
Regulations of the People's Republic of China on Road Transport (Revised in 2016)
Order of the State Council of the People's Republic of China No. 666
February 6, 2016
(Promulgated by Order of the State Council of the People's Republic of China No. 406 on April 30, 2004; revised for the first time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on November 9, 2012; and revised for the second time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016)
Chapter I General Provisions
Article 1 With a view to maintaining the market order of road transportation, ensuring the safety in road transportation, protecting the legitimate rights and interests of all parties involved in road transportation and promoting the healthy development of road transportation, these Regulations are formulated hereby.
Article 2 Any individuals or institutions that engage in the operation of road transportation as well as the businesses related to road transportation shall abide by these Regulations.
The term "operation of road transportation" as mentioned in the preceding paragraph shall include the operation of passenger transportation (hereinafter referred to as the "OPT") and operation of freight transportation (hereinafter referred to as the "OFT"). The term "businesses related to transportation" in the preceding paragraph shall include the operations of stations (platforms), maintenance of motor vehicles and the training of motor vehicle drivers.
Article 3 Any individuals or institutions that engage in the operation of road transportation as well as the businesses related to road transportation shall comply with the laws and regulations and operate the businesses in good faith and fair competition.
Article 4 The administration of road transportation shall be fair, impartial, open and convenient to the people.
Article 5 The state encourages the development of rural road transportation and shall take necessary measures to improve the rate of road transportation in towns and administrative villages so as to meet the requirements of the farmers in their living and production.
Article 6 The state encourages the operations of road transportation in scale and intensive manners. Any entities or individuals shall not block or monopolize the road transportation market.
Article 7 The competent communications administration of the State Council shall be responsible for the national road transportation administration.
The competent administrations of communications of the people's governments at the county level or above shall be responsible for organizing and leading the road transportation administration within their own administrative areas.
The road transportation administrations at the county level or above shall be responsible for the actual administration of the road transportation.
Chapter II Operation of road transportation
Section 1 Passenger Transportation
Article 8 Any individuals or institutions that apply for the OPT shall meet all of the following conditions:
1. Have vehicles that are applicable to and qualified for their operations;
2. Engage in drivers who meet the requirements as described in Article 9 of these Regulations; and
3. Establish improved administrative systems for safe operations.
Any individuals or institutions that apply for the OPT in route shall provide plans with clear routes and stops.
Article 9 Any drivers that engage in the OPT shall meet the following requirements:
1. Obtain the required driving licenses for motor vehicles;
2. Younger than 60 years old;
3. Have no record of serious traffic accidents within the previous three years; and
4. Pass the examinations of the road transportation administrations at the municipal level in which districts are established, including the examinations with regard to the laws and regulations related to the passenger transportation, motor vehicle maintenance and first aid.
Article 10 Any entity or individual that applies for the business operation of passenger transport shall, after going through the formalities for registration with the administrative department for industry and commerce in accordance with law, file an application in accordance with the following provisions and submit relevant materials as required in Article 8 of these Regulations:
1. Any individuals and institutions that engage in the OPT within the administrative area at county level shall make applications to the county-level road transportation administrations;
2. Any individuals and institutions that engage in the OPT across two or more county-level administrative areas within a province, autonomous region or municipality directly under the Central Government shall make applications to their common superior road transportation administrations;
3. Any individuals and institutions that engage in the OPT across different provinces, autonomous regions or municipalities directly under the Central Government shall make applications to the road transportation administrations of the provinces, autonomous regions or municipalities directly under the Central Government where they are located.
The road transportation administrations that receive the applications in accordance with the preceding paragraph shall complete the examination within 20 days as of the date when the applications are accepted and make decisions whether to approve or reject the applications. If the applications are approved, the road transportation administrations shall issue the road transportation operation licenses to the applicants and issue the vehicle operation licenses to the applicants for the vehicles that are used for road transportation; if the applications are rejected, the road transportation administrations shall give written notices to the applicants in which the reasons shall be given.
With regard to the applications for the OPT across provinces, autonomous regions or municipalities directly under the Central Government, the competent road transportation administrations of the provinces, autonomous regions or municipalities directly under the Central Government shall consult with those of the provinces, autonomous regions or municipalities directly under the Central Government in which the targets of the OPT are located in accordance with Paragraph 2 under this Article 10 before the road transportation operation licenses are issued; in case no agreements are reached, they shall report the applications to the competent communications administration of the State Council which shall make the decisions.
Article 11 Where the operators of the OPT that obtain the road transportation operation licenses wish to increase the OPT routes, they shall complete the relevant procedures in accordance with Article 10 of these Regulations.
Article 12 Where the road transportation administrations at the county level examines the applications for the OPT, they shall consider the factors such as the demand and supply in the passenger transportation markets, universal services and whether facilitate the public.
Where there are 3 or more applications for one route, the decision for licensing may be made by way of bidding.
Article 13 The road transportation administrations at the county level or above shall regularly publicize the demand and supply in the passenger transportation markets.
Article 14 The operation periods for the OPT routes shall be 4 to 8 years. Where any operators need postpone the licenses for the OPT routes upon the expiry of the operation periods, they shall make new applications.
Article 15 Where the operators of the OPT need to terminate the OPT, they shall inform the original approval organs within 30 days before the termination.
Article 16 Any operators of the OPT shall provide the passengers with good environments, keep the vehicles clean and tidy and take necessary measures to prevent any illegal acts that violate the safety of passengers or their properties.
Article 17 The passengers shall take the vehicles with valid tickets, comply with the order and pay attention to the politeness and sanitation, and shall not take any vehicles if they take any dangerous articles or any other articles that are prohibited by the State.
Article 18 Any routine operators of the OPT shall continuously provide road transportation services to the general public and shall not suspend, terminate or transfer the OPT routes without permission after they acquire the road transportation operation licenses.
Article 19 Any individuals and institutions that engage in the chartered OPT shall complete the road transportations in accordance with the stipulated places of departure, destinations and routes.
Any individuals and institutions that engage in the tourist transportation shall complete the transportations on the tourist routes within the tourist areas.
Article 20 No operators of the OPT may force any passenger to take their vehicles, deny or extort any passengers, or change the transportation vehicles without permission.
Section 2 Freight Transportation
Article 21 Any individuals and institutions that apply for the OFT shall meet the following requirements:
1.
......
Order of the State Council of the People's Republic of China No. 666
February 6, 2016
(Promulgated by Order of the State Council of the People's Republic of China No. 406 on April 30, 2004; revised for the first time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on November 9, 2012; and revised for the second time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016)
Chapter I General Provisions
Article 1 With a view to maintaining the market order of road transportation, ensuring the safety in road transportation, protecting the legitimate rights and interests of all parties involved in road transportation and promoting the healthy development of road transportation, these Regulations are formulated hereby.
Article 2 Any individuals or institutions that engage in the operation of road transportation as well as the businesses related to road transportation shall abide by these Regulations.
The term "operation of road transportation" as mentioned in the preceding paragraph shall include the operation of passenger transportation (hereinafter referred to as the "OPT") and operation of freight transportation (hereinafter referred to as the "OFT"). The term "businesses related to transportation" in the preceding paragraph shall include the operations of stations (platforms), maintenance of motor vehicles and the training of motor vehicle drivers.
Article 3 Any individuals or institutions that engage in the operation of road transportation as well as the businesses related to road transportation shall comply with the laws and regulations and operate the businesses in good faith and fair competition.
Article 4 The administration of road transportation shall be fair, impartial, open and convenient to the people.
Article 5 The state encourages the development of rural road transportation and shall take necessary measures to improve the rate of road transportation in towns and administrative villages so as to meet the requirements of the farmers in their living and production.
Article 6 The state encourages the operations of road transportation in scale and intensive manners. Any entities or individuals shall not block or monopolize the road transportation market.
Article 7 The competent communications administration of the State Council shall be responsible for the national road transportation administration.
The competent administrations of communications of the people's governments at the county level or above shall be responsible for organizing and leading the road transportation administration within their own administrative areas.
The road transportation administrations at the county level or above shall be responsible for the actual administration of the road transportation.
Chapter II Operation of road transportation
Section 1 Passenger Transportation
Article 8 Any individuals or institutions that apply for the OPT shall meet all of the following conditions:
1. Have vehicles that are applicable to and qualified for their operations;
2. Engage in drivers who meet the requirements as described in Article 9 of these Regulations; and
3. Establish improved administrative systems for safe operations.
Any individuals or institutions that apply for the OPT in route shall provide plans with clear routes and stops.
Article 9 Any drivers that engage in the OPT shall meet the following requirements:
1. Obtain the required driving licenses for motor vehicles;
2. Younger than 60 years old;
3. Have no record of serious traffic accidents within the previous three years; and
4. Pass the examinations of the road transportation administrations at the municipal level in which districts are established, including the examinations with regard to the laws and regulations related to the passenger transportation, motor vehicle maintenance and first aid.
Article 10 Any entity or individual that applies for the business operation of passenger transport shall, after going through the formalities for registration with the administrative department for industry and commerce in accordance with law, file an application in accordance with the following provisions and submit relevant materials as required in Article 8 of these Regulations:
1. Any individuals and institutions that engage in the OPT within the administrative area at county level shall make applications to the county-level road transportation administrations;
2. Any individuals and institutions that engage in the OPT across two or more county-level administrative areas within a province, autonomous region or municipality directly under the Central Government shall make applications to their common superior road transportation administrations;
3. Any individuals and institutions that engage in the OPT across different provinces, autonomous regions or municipalities directly under the Central Government shall make applications to the road transportation administrations of the provinces, autonomous regions or municipalities directly under the Central Government where they are located.
The road transportation administrations that receive the applications in accordance with the preceding paragraph shall complete the examination within 20 days as of the date when the applications are accepted and make decisions whether to approve or reject the applications. If the applications are approved, the road transportation administrations shall issue the road transportation operation licenses to the applicants and issue the vehicle operation licenses to the applicants for the vehicles that are used for road transportation; if the applications are rejected, the road transportation administrations shall give written notices to the applicants in which the reasons shall be given.
With regard to the applications for the OPT across provinces, autonomous regions or municipalities directly under the Central Government, the competent road transportation administrations of the provinces, autonomous regions or municipalities directly under the Central Government shall consult with those of the provinces, autonomous regions or municipalities directly under the Central Government in which the targets of the OPT are located in accordance with Paragraph 2 under this Article 10 before the road transportation operation licenses are issued; in case no agreements are reached, they shall report the applications to the competent communications administration of the State Council which shall make the decisions.
Article 11 Where the operators of the OPT that obtain the road transportation operation licenses wish to increase the OPT routes, they shall complete the relevant procedures in accordance with Article 10 of these Regulations.
Article 12 Where the road transportation administrations at the county level examines the applications for the OPT, they shall consider the factors such as the demand and supply in the passenger transportation markets, universal services and whether facilitate the public.
Where there are 3 or more applications for one route, the decision for licensing may be made by way of bidding.
Article 13 The road transportation administrations at the county level or above shall regularly publicize the demand and supply in the passenger transportation markets.
Article 14 The operation periods for the OPT routes shall be 4 to 8 years. Where any operators need postpone the licenses for the OPT routes upon the expiry of the operation periods, they shall make new applications.
Article 15 Where the operators of the OPT need to terminate the OPT, they shall inform the original approval organs within 30 days before the termination.
Article 16 Any operators of the OPT shall provide the passengers with good environments, keep the vehicles clean and tidy and take necessary measures to prevent any illegal acts that violate the safety of passengers or their properties.
Article 17 The passengers shall take the vehicles with valid tickets, comply with the order and pay attention to the politeness and sanitation, and shall not take any vehicles if they take any dangerous articles or any other articles that are prohibited by the State.
Article 18 Any routine operators of the OPT shall continuously provide road transportation services to the general public and shall not suspend, terminate or transfer the OPT routes without permission after they acquire the road transportation operation licenses.
Article 19 Any individuals and institutions that engage in the chartered OPT shall complete the road transportations in accordance with the stipulated places of departure, destinations and routes.
Any individuals and institutions that engage in the tourist transportation shall complete the transportations on the tourist routes within the tourist areas.
Article 20 No operators of the OPT may force any passenger to take their vehicles, deny or extort any passengers, or change the transportation vehicles without permission.
Section 2 Freight Transportation
Article 21 Any individuals and institutions that apply for the OFT shall meet the following requirements:
1.
......