Interpretation of the Regulations of Jiangsu Province on Road Transportation

The Regulations on Road Transportation in Jiangsu Province (hereinafter referred to as the Regulations) was deliberated and adopted at the 31st meeting of the Standing Committee of the 11th People's Congress of Jiangsu Province on 20 12 165438 1 29, and came into force on April 20 13.

I. Background and significance of the promulgation of the regulations

On August 24th, 20001year, the Provincial People's Congress promulgated the Regulations on the Management of Road Transport Market in Jiangsu Province, which is the first local regulation on road transport management in our province, providing a strong legal guarantee for standardizing road transport business activities in our province, maintaining road transport market order and protecting the legitimate rights and interests of road transport parties, and playing an important role in promoting the healthy, sustained and rapid development of road transport industry in our province. However, with the rapid development of the road transportation industry in our province, problems such as low degree of transportation organization, insufficient comparative advantages of the industry, low service level, difficulty in promoting energy conservation and emission reduction, and nonstandard car rental industry and logistics management have gradually emerged. These new problems need to be standardized and solved. In addition, with the deepening of the reform of the national Ministry system, the adjustment scope of the Regulations on the Administration of Road Transportation Market in Jiangsu Province and the setting of relevant management systems and mechanisms can no longer meet the actual needs of the current development of the road transportation market, the reform of the Ministry system and the integration of urban and rural transportation, and some of its contents are also related to the Administrative Compulsory Law of the People's Republic of China, the Regulations on Road Transportation and the Regulations on Highway Safety Protection promulgated by the State Council in recent years.

20 1 1 In March, the Regulations on the Administration of Road Transportation Market in Jiangsu Province was listed as the first post-legislative evaluation project of local regulations by the provincial people's congress. After nearly five months' comprehensive evaluation, the Working Group on Post-legislation Evaluation of the Standing Committee of the Provincial People's Congress fully affirmed the role of the Regulations on the Administration of Road Transport Market in Jiangsu Province, and at the same time put forward that some systems set by it can no longer meet the needs of the development of the current road transport market, and suggested that it be comprehensively revised. 1October 20 1 165438 Regulations on the Administration of Road Transportation Market in Jiangsu Province (Revised) was included in the 20 12 annual legislative plan of the Provincial People's Congress. After nearly a year's investigation, drafting and many revisions, the newly revised regulations were unanimously adopted at the 31st meeting of the 11th Provincial People's Congress Standing Committee on 20 12 13 on October 29th, and came into effect on April 30th, 20 13.

As the first project in our province to start legislative work through post-legislative evaluation, the regulations have adapted to the actual needs of the rapid development of road transport industry in our province and made comprehensive and clear provisions on road transport and related businesses. It is of great significance to standardize the road transport market according to law, ensure the safety of road transport, strive to build an efficient, convenient, safe, reliable, green and honest road transport service system, and promote the development of modern road transport industry in our province. It will also take the lead in realizing the modernization of road transportation in our province and promoting the sound and rapid development of social economy in our province.

Second, the main framework of laws and regulations

The regulations are divided into eight chapters and seventy-five articles, which are divided into eight parts: general provisions, general provisions, road transport safety, passenger and freight transport, road transport-related business, supervision and inspection, legal responsibilities and supplementary provisions, and comprehensively adjust road passenger transport, freight transport, motor vehicle maintenance, comprehensive performance testing, motor vehicle driver training, car rental, road transport stations (fields), traffic logistics and freight forwarding. The "Regulations" highlight the provision of transport services for social and economic development, strengthen road transport safety management and information management, and make innovative provisions in promoting the integration of urban and rural passenger transport, the specialization and intensification of freight transport, and the development of transportation and logistics industry. The revised "Regulations" fully responded to the relevant requirements of post-legislative evaluation, which not only has a higher and more accurate legislative orientation, but also has a broader scope, richer content, more scientific methods and stronger operability.

Three, on the "Regulations" of several key contents

(a) Emphasize the safety of road transport.

As a service industry facing the whole society, road transport industry is closely related to people's production, life and property safety. In order to strengthen the management of road transport safety, the "Regulations" specially added a chapter on "Road transport safety", which comprehensively regulated road transport safety and fully reflected the legislative purpose of the "Regulations" to protect road transport safety and people's lives and property safety. Mainly reflected in: First, clarify the road transport safety supervision responsibilities of road transport management institutions, traffic management departments of public security organs and other relevant departments, improve the safety subject awareness of road transport and related business operators, and further strengthen the relevant norms and requirements of operators' safety production. The second is to establish an information sharing mechanism between traffic management departments and public security organs' road transport management institutions, and strengthen communication and cooperation between departments in ensuring road transport safety. The third is to clarify the relevant safety production norms, strengthen safety prevention and control, prohibit fatigue driving, and set a "threshold" for illegal activities such as drug abuse and drunk driving. At the same time, it is also stipulated that operators shall not arrange for people who are killed in road traffic accidents and bear the same responsibility, or those who have scored 12 for traffic violations to drive passenger and freight vehicles, and resolutely put an end to drivers' "taking up their posts with illness".

(B) to promote the transformation and upgrading of the road transport industry

In recent years, although the road transport industry in our province has developed rapidly, there are still problems such as small and weak business entities, low service quality and inability to meet the people's high-quality and high-quality travel needs. In order to speed up the coordinated development of road transport and promote the transformation and upgrading of the road transport industry in our province, the regulations strengthen the guiding function of road transport laws and regulations, covering 13 provisions encouraging the development of road transport, setting guiding provisions in accelerating urban-rural integration, improving the level of informatization, promoting energy conservation and emission reduction, implementing large-scale, intensive and corporate management, and providing a strong guarantee for the transformation and upgrading of the transportation industry in our province and the continuous improvement of transportation service capacity.

(3) Strictly regulate all kinds of business activities.

In view of the phenomenon of nonstandard service in the process of road transport service, the Regulations regulate passenger and freight transport, motor vehicle maintenance and comprehensive performance testing, car rental, road transport stations (yards), transportation logistics and other business activities in a more comprehensive and detailed manner. At the same time, considering that the service level of bus passenger transport and taxi passenger transport is closely related to the daily travel of the public, and the national legislation has not yet been promulgated, the Regulations authorize the provincial transportation authorities to formulate detailed operational service specifications, and at the same time prohibit some operational violations with strong social repercussions, outstanding service quality problems and many complaints, and clarify legal responsibilities accordingly. In view of the outstanding problems existing in taxi passenger transport, the "Regulations" specifically stipulate that taxi passenger transport operators have the right to refuse to pay the fare for acts such as not using the meter according to regulations, not issuing invoices on their own initiative, not accepting IC card payment, detouring for no reason, interrupting transport for no reason, dumping passengers, picking up other passengers without the consent of passengers, which provides a powerful weapon for passengers to safeguard their legitimate rights and interests.

(4) Accelerate the integration of urban and rural passenger transport.

Promoting the integrated development of urban and rural passenger transport is an important measure to implement the central government's strategy of coordinating urban and rural development and the central government's policy of "agriculture, rural areas and farmers", which is of great significance to meeting the travel needs of urban and rural residents and promoting the equalization of basic public services for urban and rural road passenger transport. The "Regulations" clearly define the goal of gradually realizing the integration of urban and rural passenger transport and regional passenger transport in the general provisions, and further refine the incentive measures for rural passenger transport lines, township (town) village public transport lines and adjacent areas in the specific provisions. First, according to the actual situation in rural areas, it is stipulated that rural passenger lines can be operated in different ways from urban public transportation, such as circular operation and special line operation; Second, in order to improve the quality of passenger service, it is clear about rural passenger lines, township (town) village buses, passenger lines in neighboring areas, stations, vehicles and financial subsidies. , operated by public transport, with reference to the relevant provisions of the city bus passenger transport, to achieve effective convergence of service standards and policy guarantees.

(5) Establish the principle of giving priority to the development of bus passenger transport.

The "Regulations" establishes the principle of public transport priority in the form of laws and regulations, and further requires local governments to take effective measures in fiscal policy, capital arrangement, urban planning, land security, facility construction, traffic management, etc., to give priority to the development of public transport passengers and meet the public travel needs. Specifically reflected in:

First, it is clear that the government and its relevant departments should determine bus fares according to operating costs and other factors, give financial subsidies to low fares or ticket reduction operations, and compensate the increased costs of bus passenger transport enterprises undertaking government mandatory transportation tasks.

Second, it is stipulated that the municipal and county governments and their relevant departments can set up bus lanes according to road conditions, travel structure, traffic flow and other factors, and build an intelligent information system for bus passenger transport to provide convenient services to the public.

Third, in order to reverse the long-term loss situation of public transport enterprises and establish the hematopoietic mechanism of public transport, according to the Guiding Opinions of the State Council on Implementing the Priority Development Strategy of Urban Public Transport, it is clear that the land for public transport facilities can be comprehensively utilized according to the approved land use and use conditions, which has played a positive role in meeting the needs of the masses, promoting intensive land use, improving the operating conditions of public transport enterprises and reducing the financial burden of the government.

Fourth, it is clear that local governments and their relevant departments should take measures to build a transfer system to realize the connection of different modes of travel. At the same time, it is clear that new construction, reconstruction and expansion of residential quarters, development zones, urban roads and large public venues should take public transport facilities as supporting construction content, and design, construct, complete and deliver them simultaneously with the project.

(six) to promote the healthy development of taxi passenger transport.

In view of the frequent instability of taxi passenger transport market in recent years, the Regulations take various measures to ensure the healthy development of taxi passenger transport.

First, strictly control the paid transfer of taxi passenger transport management rights. The "Regulations" stipulate that if the right to operate taxi passenger transport has been transferred with compensation, it should be gradually used free of charge; If it is really necessary to continue to implement paid transfer or add taxi passenger transport capacity by paid transfer, it shall be submitted to the provincial people's government for approval. Paid transfer of funds, should implement two lines of revenue and expenditure management, earmarked for the construction and management of taxi passenger service facilities.

Second, the municipal and county governments are required to determine the number and types of taxis according to the road transport development planning and energy conservation and environmental protection requirements of their respective administrative areas, taking into account factors such as population size, traffic flow, traffic structure and travel demand, and encourage the construction of taxi service centers and telephone taxi calling systems through financial support, site protection and other measures. At the same time, it is clear that the price department should reasonably determine the composition and standard of taxi passenger freight rate, establish a linkage mechanism between oil (gas) price and freight rate, and adjust the freight rate in a timely and reasonable manner.

Third, it is stipulated that taxi passenger transport enterprises should fully invest in the purchase of operating vehicles, and may not use the taxi passenger transport operation right to collect mortgage payments, and may not require drivers to advance or borrow money to pass on investment and operating risks to drivers. Taxi passenger transport operators shall sign a written contract with the driver, and the contract fee shall be fair and reasonable.

(seven) focus on solving the problem of urban distribution.

At present, due to the strict vehicle traffic and parking control policies in large and medium-sized cities, it is difficult for operating trucks to enter the urban areas, and the phenomenon of unlicensed vehicles and battery tricycles illegally engaging in urban distribution has surged, which has a serious negative impact on the urban transportation order. In order to solve the problem of imperfect urban distribution system and related systems, the regulations stipulate that local people's governments at or above the county level should take measures to facilitate the passage, parking and loading and unloading of vehicles with uniform identification of special distribution models in urban areas and promote the development of urban transportation logistics distribution industry. The promulgation and implementation of the above provisions will help solve the contradiction between the difficulty of legally operating trucks entering the city, the difficulty of passing through and the difficulty of parking, and can effectively solve the problem of illegal urban distribution of unlicensed vehicles and battery tricycles.

(8) Establish an effective market exit mechanism.

For a long time, the road transport business has implemented the business license system. After obtaining the license, except for serious violations of the law, the license is revoked, and people are generally allowed to enter but not to leave, forming a de facto lifelong system. Some road transport operators have long neglected the technical safety of vehicles and the quality of road transport services in pursuit of maximum benefits, which has brought a series of security risks and service quality problems. In order to solve the problem of imperfect exit mechanism of road transport market and ensure the healthy development of road transport industry, the Regulations established the exit mechanism of road transport market, realizing the organic unity of access, daily management and exit.

First, it stipulates the obligation to maintain the opening conditions, and forcibly withdraws from operators who have changed in the course of business and no longer have the prescribed licensing conditions. The "Regulations" stipulate that road transport and related business operators who have obtained corresponding licenses do not meet the licensing conditions to continue to operate. The road transport management institution shall order it to make rectification within a time limit. If it fails to make rectification within the time limit or the rectification is not in place, it shall revoke the corresponding road transport business license and road transport permit or narrow the corresponding business scope.

The second is to implement a dynamic management and cumulative scoring system for operators and employees, regularly assess their business behavior, service quality and safety in production, and announce the assessment results to the public. The evaluation results of quality reputation should be included in the evaluation criteria of service quality bidding. For road transport and related business operators and employees whose cumulative score of illegal acts reaches the prescribed score, the road transport management institution may temporarily suspend or revoke the road transport business license, road transport certificate or qualification certificate. Through this system, the standardized operation situation is combined with the entry, exit, rewards and punishments of operators and employees, which is closely related to their survival and development, thus internalizing the standardized operation requirements into their conscious actions.

Third, it is stipulated that operators and employees whose licenses have been revoked shall not apply for the corresponding business and qualifications within two years. In the process of law enforcement, it was found that a large number of operators and employees whose licenses were revoked due to serious violations of the law applied again in a short time, which made the administrative punishment lose its due seriousness and authority. The "Regulations" not only make up the loopholes, but also increase the illegal cost of the actors, and also have warning and educational significance for operators and employees.