Provisions on the Administration of Road Passenger Transport and Passenger Stations
Provisions on the Administration of Road Passenger Transport and Passenger Stations
Provisions on the Administration of Road Passenger Transport and Passenger StationsOrder of the Ministry of Communications
Order of the Ministry of Communications [2005] No.10
July 13, 2005
The Provisions on the Administration of Road Passenger Transport and Passenger Stations, which were adopted at the 11th executive meeting of the Ministry of Communications on June 3, 2005, are hereby promulgated and shall come into force as of August 1, 2005.
Minister Zhang Chunxian
Provisions on the Administration of Road Passenger Transport and Passenger Stations
Chapter I General Provisions
Article 1 For the purpose of regulating the business activities of road passenger transport and road passenger transport stations, maintaining the market order of road passenger transport, ensuring the road passenger transport safety and protecting the lawful rights and interests of passengers and operators, these Provisions are formulated in accordance with the Regulation of the People's Republic of China on Road Transport and other pertinent laws and administrative regulations.
Article 2 All those engaging in the business operations of road passenger transport and those of road passenger transport stations (hereinafter referred to as passenger stations) shall abide by these Provisions.
Article 3 The "business operations of road passenger transport" as mentioned in these Provisions refers to the commercial road passenger transport activities of transporting passengers by passenger vehicles and providing public services, which include the passenger transport by regular vehicles (extra vehicles), the passenger transport by chartered vehicles, and the tourist passenger transport.
1. The "passenger transport by regular vehicles" refers to such a means of passenger transport by which the operating passenger vehicles run on the urban and rural roads according to the fixed routes, time, stops and trip numbers, including the thorough passenger transport by regular vehicles and the general passenger transport by regular vehicles. The passenger transport by extra vehicles is a supplementary form to the passenger transport by regular vehicles, by which passenger vehicles are provisionally added or assigned to be operated according to the routes and stops of regular passenger transport vehicles when the regular passenger transport vehicles can not satisfy the demand or can not be operated on a regular basis.
2. The "passenger transport by chartered vehicles" refers to such a means of passenger transport by which the passenger vehicles are chartered to the consumer to use and the driving service is provided in order to transport the team passengers, the driving is operated according to the starting place, destination and route as agreed on, and the charges shall be calculated according to the driving distance or the time and shall be uniformly paid.
3. The "tourist passenger transport" refers to such a means of passenger transport by which business operation is conducted within a scenic area or at least one end of a route is located within a scenic area (spot) for the purpose of carrying tourist passengers.
The "business operations of passenger stations" as mentioned in these Provision refers to the business activities of providing transportation services to road passenger transport business operators and passengers by stations and facilities.
Article 4 For the management of road passenger transport and passenger stations, the guidelines of "people oriented and safety first" shall be adhered to, the principles of fairness, equity, openness and convenience shall be followed and regional blockage and monopoly shall be broken down so as to promote the unification, openness, competition and order of the road transport market and meet the traveling demand of the general public.
The principles of lawful operation, honesty and good faith, fair competition and quality service shall be observed by all those engaging in business operations of road passenger transport and business operations of passenger stations.
Article 5 The State applies a rating system and a quality & credit assessment system to the road passenger transport enterprises, encourages road passenger transport business operators to conduct the large scale, intensive and corporate business operations, and prohibits business operations by affiliation.
Article 6 The Ministry of Communications shall be responsible for the administration of road passenger transport and passenger stations throughout the country.
The communications administrative departments of the people's governments at or above the county level shall be responsible for organizing and leading the administration of road passenger transport and passenger stations within their respective administrative areas.
The road transport administrative organs at or above the county levels shall execute the concrete administration of road passenger transport and passenger stations within their respective administrative areas.
Chapter II Business Operation Permit
Article 7 The routes for the passenger transport by regular vehicles shall be classified into the following four types according to the operating areas and the distance of operating lines:
Class A passenger transport liner: a passenger transport liner between two districts or the passenger transport liner with operating line of 800 kilometers or longer;
Class B passenger transport liner: a passenger transport liner between a district and a county;
Class C passenger transport liner: a passenger transport liner between two non-adjacent counties;
Class D passenger transport liner: a passenger transport liner between two adjacent counties or a passenger transport liner within one county.
The "district" as mentioned in these Provisions refers to the urban area of a city where the people's government of a city, prefecture or league is located; and the "county" as mentioned in these Provisions includes a county, banner, county-level city or a borough subordinate to a districted city, prefecture or league.
Where the urban area of a county is joined or overlapped with that of a district, the administrative area of the starting place or the destination of a route shall be determined respectively in light of the place where the starting passenger station or the destination passenger station is located.
Article 8 The passenger transport by chartered vehicles can be divided into the passenger transport between different provinces by chartered vehicles and the passenger transport within one province by chartered vehicles, and the latter can be divided into the passenger transport between different cities by chartered vehicles, the passenger transport between different counties by chartered vehicles, and the passenger transport within one county by chartered vehicles.
Article 9 The tourist passenger transport can be divided into the tourist passenger transport with fixed routes and the tourist passenger transport with non-fixed routes based on the means of business operation.
The tourist passenger transport with fixed routes shall be subject to the management of passenger transport by regular vehicles, while the tourist passenger transport with non-fixed routes shall be subject to the management of passenger transport by chartered vehicles.
Article 10 An applicant who applies for engaging in road passenger transport business operations shall meet the following conditions:
1. having passenger vehicles that can meet the demand of business operations and that are found to be qualified upon test;
(1) technical requirements for passenger vehicles:
(i)The technical performances of the vehicles shall accord with the national standards as specified in the Requirements and Checking Measures for the Comprehensive Performances of Operating Vehicles (GB18565);
(ii)The external dimensions, axle load and quality shall meet the requirements in the Limits on the External Dimensions, Axle Load and Quality of Road Vehicles (GB1589);
(iii)The technical ratings of passenger vehicles for highway passenger transport or the passenger vehicles with a 800-kilometer or longer operating line shall meet the industrial standards of the first technical grade as prescribed in the Classification and Appraisal Requirements of Technical Grades for Operating Vehicles (JT/T198); the technical ratings of passenger vehicles with a 400-kilometer or longer operating line shall fall into the second technical grade; and the other passenger vehicles shall fall into the third technical grade.
The "highway passenger transport" as mentioned in these Provisions refers to the road passenger transport in which the highway mileage of an operating line is 200 kilometers or longer or the proportion of highway coverage to the whole mileage is 70% or more.
(2)rating requirements for different types of passenger vehicles:
The rating of different types of the passenger vehicles for highway passenger transport and tourist passenger transport and the passenger vehicles with an operating line of 800 kilometers or longer shall accord with the secondary or higher level of industrial standards as prescribed in the Classification and Grade Appraisal of the Types of Operating Passenger Vehicles (JT/T325).
(3)quantitative requirements for passenger vehicles:
(i)Any business operator of passenger transport by regular vehicles that manages a Class A passenger transport liner shall have 100 or more self-owned operating passenger vehicles and 3000 or more passenger seats, of which, 30 vehicles or more or 900 passenger seats or more are of high grade; or it shall have 40 or more self-owned high-grade operating passenger vehicles or 1200 or more passenger seats;
(ii)Any business operator of the passenger transport by regular vehicles that manages a Class B passenger transport liner shall have 50 or more self-owned operating passenger vehicles or 1500 or more passenger seats, of which, 15 or more or 450 or more passenger seats are of high grade; or it shall have 20 or more self-owned high-grade operating passenger vehicles or 600 or more passenger seats;
(iii)Any business operator of the passenger transport by regular vehicles that manages a Class C passenger transport liner shall have 10 or more self-owned operating passenger vehicles or 200 or more passenger seats;
(iv)Any business operator of the passenger transport by regular vehicles that manages a Class D passenger transport liner shall have one self-owned operating passenger vehicle or more;
(v)Any operator that manages inter-provincial passenger transport by chartered vehicles shall have 20 or more self-owned operating passenger vehicles or 600 or more passenger seats of the middle or high grade; and
(vi)Any operator that manages the passenger transport within one province by chartered vehicles shall have 5 or more self-owned operating passenger vehicles or 100 or more passenger seats.
2. Any driver conducting passenger transport business operations shall meet the following requirements:
(1)having obtained a corresponding motor vehicle driving permit;
(2)being under the age of 60;
(3)having no record of a major or more serious traffic liability accident within the latest three years; and
(4)having passed the basic knowledge examination on relevant road passenger transport laws and regulations, motor vehicle repair and maintenance and first aid to passengers as held by the municipal road transport administrative organ of a districted city, and having obtained the corresponding practitioner's certificate.
The "traffic liability accident" as mentioned in these Provisions refers to a traffic accident for which the driver assumes equal or much more serious liabilities.
3. It shall have sound work safety management rules, including the work safety operational rules, the work safety responsibility system, and the rules for the work safety supervision and inspection as well as the work safety management of drivers and vehicles, etc.
4. In the case of an application for engaging in the business operations of road passenger transport liners, the definite scheme on routes and stops shall be provided in addition.
Article 11 An applicant who applies for engaging in business operations of a passenger station shall meet the following requirements:
1. Having a passenger station that is found to be qualified upon the completion-based check and acceptance of the project as organized by the relevant department and upon the station-level check and acceptance by the road traffic administrative organ;
2. Having the professional personnel and managerial personnel that can meet the demand of its business operations;
3. Having corresponding equipment and facilities, and the specific requirements shall be implemented according to the industrial standards as prescribed in the Classification of Grades and Building Requirements of Passenger Coach Stations (JT/T200); and
4. Having sound business operational procedures, rules and bylaws regarding work safety, including the service rules, the work safety operational procedures and rules, the regular inspection system prior to the departure of vehicles, the work safety responsibility system and the rules for the check and interception of dangerous goods and the work safety supervision and inspection.
Article 12 An applicant who applies for engaging in the road passenger transport business operations shall file an application pursuant to the following provisions:
1. filing an application with the road transport administrative organ at the county level in the case of engaging in the passenger transport business operations within one administrative area at the county level;
2. filing an application with the common road transport administrative organ at the next higher level in the case of engaging in the passenger transport business operations within any two administrative regions at or above the county level and within one province, autonomous region or municipality directly under the Central Government; and
3. filing an application with the local road transport administrative organ of the province, autonomous region or municipality directly under the Central Government in the case of engaging in the passenger transport business operations between different provinces, autonomous regions and municipalities directly under the Central Government.
Article 13 An applicant who applies for engaging in the business operations of passenger stations shall file an application with the local road transport administrative organ at the county level.
Article 14 An applicant who applies for engaging in the road passenger transport business operations shall submit the following materials:
1.the relevant materials for applying for starting business operations;
(1)an Application Form for Road Passenger Transport Business Operations (See Appendix I);
(2)the full text of the articles of association;
(3)identification of the investors and principals and the photocopies thereof, the identification of the person who handles the specific matters and a photocopy thereof, as well as the power of attorney;
(4)the full text of the work safety management rules and bylaws;
(5)the letter of commitment on vehicles to be used, including the quantity, types, ratings, technical grades, number of seats, and the length, width and height of the external outlines of the passenger vehicles.
......
Order of the Ministry of Communications [2005] No.10
July 13, 2005
The Provisions on the Administration of Road Passenger Transport and Passenger Stations, which were adopted at the 11th executive meeting of the Ministry of Communications on June 3, 2005, are hereby promulgated and shall come into force as of August 1, 2005.
Minister Zhang Chunxian
Provisions on the Administration of Road Passenger Transport and Passenger Stations
Chapter I General Provisions
Article 1 For the purpose of regulating the business activities of road passenger transport and road passenger transport stations, maintaining the market order of road passenger transport, ensuring the road passenger transport safety and protecting the lawful rights and interests of passengers and operators, these Provisions are formulated in accordance with the Regulation of the People's Republic of China on Road Transport and other pertinent laws and administrative regulations.
Article 2 All those engaging in the business operations of road passenger transport and those of road passenger transport stations (hereinafter referred to as passenger stations) shall abide by these Provisions.
Article 3 The "business operations of road passenger transport" as mentioned in these Provisions refers to the commercial road passenger transport activities of transporting passengers by passenger vehicles and providing public services, which include the passenger transport by regular vehicles (extra vehicles), the passenger transport by chartered vehicles, and the tourist passenger transport.
1. The "passenger transport by regular vehicles" refers to such a means of passenger transport by which the operating passenger vehicles run on the urban and rural roads according to the fixed routes, time, stops and trip numbers, including the thorough passenger transport by regular vehicles and the general passenger transport by regular vehicles. The passenger transport by extra vehicles is a supplementary form to the passenger transport by regular vehicles, by which passenger vehicles are provisionally added or assigned to be operated according to the routes and stops of regular passenger transport vehicles when the regular passenger transport vehicles can not satisfy the demand or can not be operated on a regular basis.
2. The "passenger transport by chartered vehicles" refers to such a means of passenger transport by which the passenger vehicles are chartered to the consumer to use and the driving service is provided in order to transport the team passengers, the driving is operated according to the starting place, destination and route as agreed on, and the charges shall be calculated according to the driving distance or the time and shall be uniformly paid.
3. The "tourist passenger transport" refers to such a means of passenger transport by which business operation is conducted within a scenic area or at least one end of a route is located within a scenic area (spot) for the purpose of carrying tourist passengers.
The "business operations of passenger stations" as mentioned in these Provision refers to the business activities of providing transportation services to road passenger transport business operators and passengers by stations and facilities.
Article 4 For the management of road passenger transport and passenger stations, the guidelines of "people oriented and safety first" shall be adhered to, the principles of fairness, equity, openness and convenience shall be followed and regional blockage and monopoly shall be broken down so as to promote the unification, openness, competition and order of the road transport market and meet the traveling demand of the general public.
The principles of lawful operation, honesty and good faith, fair competition and quality service shall be observed by all those engaging in business operations of road passenger transport and business operations of passenger stations.
Article 5 The State applies a rating system and a quality & credit assessment system to the road passenger transport enterprises, encourages road passenger transport business operators to conduct the large scale, intensive and corporate business operations, and prohibits business operations by affiliation.
Article 6 The Ministry of Communications shall be responsible for the administration of road passenger transport and passenger stations throughout the country.
The communications administrative departments of the people's governments at or above the county level shall be responsible for organizing and leading the administration of road passenger transport and passenger stations within their respective administrative areas.
The road transport administrative organs at or above the county levels shall execute the concrete administration of road passenger transport and passenger stations within their respective administrative areas.
Chapter II Business Operation Permit
Article 7 The routes for the passenger transport by regular vehicles shall be classified into the following four types according to the operating areas and the distance of operating lines:
Class A passenger transport liner: a passenger transport liner between two districts or the passenger transport liner with operating line of 800 kilometers or longer;
Class B passenger transport liner: a passenger transport liner between a district and a county;
Class C passenger transport liner: a passenger transport liner between two non-adjacent counties;
Class D passenger transport liner: a passenger transport liner between two adjacent counties or a passenger transport liner within one county.
The "district" as mentioned in these Provisions refers to the urban area of a city where the people's government of a city, prefecture or league is located; and the "county" as mentioned in these Provisions includes a county, banner, county-level city or a borough subordinate to a districted city, prefecture or league.
Where the urban area of a county is joined or overlapped with that of a district, the administrative area of the starting place or the destination of a route shall be determined respectively in light of the place where the starting passenger station or the destination passenger station is located.
Article 8 The passenger transport by chartered vehicles can be divided into the passenger transport between different provinces by chartered vehicles and the passenger transport within one province by chartered vehicles, and the latter can be divided into the passenger transport between different cities by chartered vehicles, the passenger transport between different counties by chartered vehicles, and the passenger transport within one county by chartered vehicles.
Article 9 The tourist passenger transport can be divided into the tourist passenger transport with fixed routes and the tourist passenger transport with non-fixed routes based on the means of business operation.
The tourist passenger transport with fixed routes shall be subject to the management of passenger transport by regular vehicles, while the tourist passenger transport with non-fixed routes shall be subject to the management of passenger transport by chartered vehicles.
Article 10 An applicant who applies for engaging in road passenger transport business operations shall meet the following conditions:
1. having passenger vehicles that can meet the demand of business operations and that are found to be qualified upon test;
(1) technical requirements for passenger vehicles:
(i)The technical performances of the vehicles shall accord with the national standards as specified in the Requirements and Checking Measures for the Comprehensive Performances of Operating Vehicles (GB18565);
(ii)The external dimensions, axle load and quality shall meet the requirements in the Limits on the External Dimensions, Axle Load and Quality of Road Vehicles (GB1589);
(iii)The technical ratings of passenger vehicles for highway passenger transport or the passenger vehicles with a 800-kilometer or longer operating line shall meet the industrial standards of the first technical grade as prescribed in the Classification and Appraisal Requirements of Technical Grades for Operating Vehicles (JT/T198); the technical ratings of passenger vehicles with a 400-kilometer or longer operating line shall fall into the second technical grade; and the other passenger vehicles shall fall into the third technical grade.
The "highway passenger transport" as mentioned in these Provisions refers to the road passenger transport in which the highway mileage of an operating line is 200 kilometers or longer or the proportion of highway coverage to the whole mileage is 70% or more.
(2)rating requirements for different types of passenger vehicles:
The rating of different types of the passenger vehicles for highway passenger transport and tourist passenger transport and the passenger vehicles with an operating line of 800 kilometers or longer shall accord with the secondary or higher level of industrial standards as prescribed in the Classification and Grade Appraisal of the Types of Operating Passenger Vehicles (JT/T325).
(3)quantitative requirements for passenger vehicles:
(i)Any business operator of passenger transport by regular vehicles that manages a Class A passenger transport liner shall have 100 or more self-owned operating passenger vehicles and 3000 or more passenger seats, of which, 30 vehicles or more or 900 passenger seats or more are of high grade; or it shall have 40 or more self-owned high-grade operating passenger vehicles or 1200 or more passenger seats;
(ii)Any business operator of the passenger transport by regular vehicles that manages a Class B passenger transport liner shall have 50 or more self-owned operating passenger vehicles or 1500 or more passenger seats, of which, 15 or more or 450 or more passenger seats are of high grade; or it shall have 20 or more self-owned high-grade operating passenger vehicles or 600 or more passenger seats;
(iii)Any business operator of the passenger transport by regular vehicles that manages a Class C passenger transport liner shall have 10 or more self-owned operating passenger vehicles or 200 or more passenger seats;
(iv)Any business operator of the passenger transport by regular vehicles that manages a Class D passenger transport liner shall have one self-owned operating passenger vehicle or more;
(v)Any operator that manages inter-provincial passenger transport by chartered vehicles shall have 20 or more self-owned operating passenger vehicles or 600 or more passenger seats of the middle or high grade; and
(vi)Any operator that manages the passenger transport within one province by chartered vehicles shall have 5 or more self-owned operating passenger vehicles or 100 or more passenger seats.
2. Any driver conducting passenger transport business operations shall meet the following requirements:
(1)having obtained a corresponding motor vehicle driving permit;
(2)being under the age of 60;
(3)having no record of a major or more serious traffic liability accident within the latest three years; and
(4)having passed the basic knowledge examination on relevant road passenger transport laws and regulations, motor vehicle repair and maintenance and first aid to passengers as held by the municipal road transport administrative organ of a districted city, and having obtained the corresponding practitioner's certificate.
The "traffic liability accident" as mentioned in these Provisions refers to a traffic accident for which the driver assumes equal or much more serious liabilities.
3. It shall have sound work safety management rules, including the work safety operational rules, the work safety responsibility system, and the rules for the work safety supervision and inspection as well as the work safety management of drivers and vehicles, etc.
4. In the case of an application for engaging in the business operations of road passenger transport liners, the definite scheme on routes and stops shall be provided in addition.
Article 11 An applicant who applies for engaging in business operations of a passenger station shall meet the following requirements:
1. Having a passenger station that is found to be qualified upon the completion-based check and acceptance of the project as organized by the relevant department and upon the station-level check and acceptance by the road traffic administrative organ;
2. Having the professional personnel and managerial personnel that can meet the demand of its business operations;
3. Having corresponding equipment and facilities, and the specific requirements shall be implemented according to the industrial standards as prescribed in the Classification of Grades and Building Requirements of Passenger Coach Stations (JT/T200); and
4. Having sound business operational procedures, rules and bylaws regarding work safety, including the service rules, the work safety operational procedures and rules, the regular inspection system prior to the departure of vehicles, the work safety responsibility system and the rules for the check and interception of dangerous goods and the work safety supervision and inspection.
Article 12 An applicant who applies for engaging in the road passenger transport business operations shall file an application pursuant to the following provisions:
1. filing an application with the road transport administrative organ at the county level in the case of engaging in the passenger transport business operations within one administrative area at the county level;
2. filing an application with the common road transport administrative organ at the next higher level in the case of engaging in the passenger transport business operations within any two administrative regions at or above the county level and within one province, autonomous region or municipality directly under the Central Government; and
3. filing an application with the local road transport administrative organ of the province, autonomous region or municipality directly under the Central Government in the case of engaging in the passenger transport business operations between different provinces, autonomous regions and municipalities directly under the Central Government.
Article 13 An applicant who applies for engaging in the business operations of passenger stations shall file an application with the local road transport administrative organ at the county level.
Article 14 An applicant who applies for engaging in the road passenger transport business operations shall submit the following materials:
1.the relevant materials for applying for starting business operations;
(1)an Application Form for Road Passenger Transport Business Operations (See Appendix I);
(2)the full text of the articles of association;
(3)identification of the investors and principals and the photocopies thereof, the identification of the person who handles the specific matters and a photocopy thereof, as well as the power of attorney;
(4)the full text of the work safety management rules and bylaws;
(5)the letter of commitment on vehicles to be used, including the quantity, types, ratings, technical grades, number of seats, and the length, width and height of the external outlines of the passenger vehicles.
......