《深圳经济特区出租小汽车管理条例》实施细则 Detailed Rules for the Implementation of Regulations of the Shenzhen Special E
2009-03-24 法律英语 来源:互联网 作者: ℃Article 24 The transfer of an operation license shall be valid only after the transfer registration has been done.
A transferor and a transferee or an entrusting party and a winner of bid for operation license shall, within 30 days from the date of signing of Contract or Confirmation, go to the management agency to register the transfer of operation license and pay the transfer registration fee according to the rates set by the department of price, each party of the concluded transaction shall bear half of the transfer registration fee.
Article 25 After completing the transfer registration of operation license, a transferee or a winner of bid for operation license shall, according to the related rules, bring the certificate of operation license respectively to the municipal public security office in charge of vehicle administration to transfer the titles of vehicles or to register vehicles and to the municipal offices of transit, industrial and commercial administration, taxation to go through the formalities for Operation License of Road Transportation, a certificate of road transportation, industrial and commercial registration, and tax registration.
Article 26 An operation license holder may use a certificate of operation license as pledge according to law, but the same certificate shall not be used for more than two pledges.
Article 27 In case of using a certificate of operation license as a pledge, a pledger and a pledgee shall conclude a written contract and register pledge at the management agency. A pledge contract shall take effect as of the date of registration.
Article 28 In case of using a certificate of operation license as a pledge to guarantee elimination of credit, a pledger shall go to the management agency to register cancellation of pledge within 10 days from the date of elimination of credit.
Article 29 If the transfer of an operation license occurs in the process of pledge, the transfer procedure and the conditions of a pledgee shall be in line with the related rules on the transfer of operation licenses.
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If an operation license which has been used for less than 2 years of taxi operation is pledged and its transfer occurs in the process of pledge, this operation license shall be put up for auction after being approved by the municipal office of transit. When the related expenses have been deducted from the proceeds of auction, if the remaining sum exceeds credit, the exceeded part shall be the pledger‘s, if the remaining sum is less than credit, the difference shall be cleared off by the debtor.
Part 3 Other Rules
Article 30 If a certificate of operation license is destroyed or lost, its holder shall make a statement in the newspaper to invalidate the certificate and apply to the management for replacement.
If it is indeed necessary for a damaged certificate of operation license to be replaced, the management agency shall do so after verification.
Article 31 In case of replacing a taxi, an operation license holder shall, within 15 days from the date of registration of a new vehicle, go through the formalities for registration of changes in the certificate of operation license, certificate of road transportation, and driving permit at the management agency.
Article 32 If an operation license expires, the operation license holder shall, within 30 days from the date of expiration, return the certificate of operation license to the management agency to register cancellation and go through the related formalities at a public security office in charge of vehicle administration.
Chapter III Operation Management
Part 1 Taxicabs and Drivers
Article 33 The operating conditions of a taxicab referred to in Article 22 of Regulations shall mean the conditions of service facilities of a taxicab in operation.
The operating conditions of a taxicab shall meet the following standards:
(1) the facilities installed according to the first section of Article 21 of Regulations shall be complete and effective;
(2) a taximeter and a vacancy light shall be installed on the instrument panel before the front passenger seat;
(3) a dome light shall be installed in the middle of the roof of a vehicle;
(4) wireless communication facilities shall function normally;
(5) screens to prevent robbery shall be firmly installed;
(6) the floor, seats and trunk inside the vehicle shall be kept clean without any odds and ends;
(7) car doors shall not be out of shape or loose; door locks shall be reliable; car windows shall be easily opened and closed without any problem;
(8) there shall be no dirt, serious dents, rot, and paint peeling-off on the body of a vehicle; a number plate and a taxi plate shall be in place and neither covered nor overlapped by each other;
(9) The full name and telephone number of an operator shall be printed on the exterior sides of both front doors; “To be driven within the Special Zone” shall be printed in addition on a yellow taxicab; a price list shall be posted in a noticeable place of the interior side of a back door; the driving permit of the driver on duty shall be hanged in a noticeable place before the front passenger seat but shall not obstruct the view of the driver; the plate number of the vehicle and the telephone number of the municipal office of transit for complain shall be printed on the screen to prevent robbery in back of the driver seat; a sign of smoke prohibition shall be posted on the interior side at the rear of the vehicle.
All the words printed according to the prescribed requirements shall be complete
and clearly readable.
Article 34 Taxi drivers shall meet the requirements stipulated by the state.
Article 35 In case of changing an operator unit to serve or changing a vehicle to drive, a driver shall go through the formalities for the change of driving permit at the original permit-issuing offic
e.
Article 36 If a driving permit is destroyed or lost, a statement shall be made in the newspaper to invalidate the permit, an application for a replacement shall be filed on the basis of a valid qualification certificate to the original permit-issuing office. If a driving permit is damaged, the permit shall be brought to the original permit-issuing office to exchange for a replacement.
If a qualification certificate is destroyed or lost, a statement shall be made in the newspaper to invalidate the certificate, and an application for a replacement shall be filed to the original certificate-issuing office. If a qualification certificate is damaged, the certificate shall be brought to the original certificate-issuing office to exchange for a replacement.
Article 37 Both driving permit and qualification certificate shall not be forged, altered, and applied for when there is already a valid one.
Part 2 Operation Business
Article 38 When waiting for customers at passenger transport places such as station, dock, airport, port, etc., a taxi driver shall abide by the following rules:
(1) wait for customers in proper order, do not take acts such as bargaining a fare, etc. to disturb the order of customer-waiting management.;
(2) do not leave the driver‘s cab when waiting for customers;
(3) do not use the other people or other inappropriate ways to solicit passengers;
(4) obey the direction and dispatch of the personnel of transit administration.
Article 39 When driving a vacant taxi, a driver shall use the “vacancy” sign or
the “temporarily out of service” sign. These two signs shall not be used when the taxi carrying a customer.
The “vacancy” sign shall be displayed by holding up a vacancy sign in the driver‘s cab at daytime and by turning on the vacancy light and dome light at the same time at night.
When a taxi being temporarily out of service, the “temporarily out of service” sign shall be used to cover the vacancy light, otherwise this sign shall be kept in a concealed place.
Article 40 A taxi driver shall start the taximeter after a passenger getting on the taxi and show the passenger the amount of taxi fare displayed by the taximeter after arriving at destination; if the driver refuses to show the taximeter, the passenger shall have the right to refuse to pay fares.
Article 41 The fares stipulated in Article 35 of Regulations shall be calculated in RMB.
The expenses of long-distance return of a vacant taxi shall be charged according to the actual mileage beyond 30 kilometers.
Article 42 The “chartered vehicle service” referred to in Item (1) of Article 36 of Regulations shall mean the taxi service which calculates fares according to the time of service.
If fares are decided by an agreement according to Item (2) of Article 36 of Regulations, the prescribed rates of agreement fares shall be followed.
In case of charging fares according to an agreement, a driver shall collect the agreement fares from passengers before departure and make out uniform passenger transportation invoices for agreement fares only.
Article 43 The passenger transportation invoices of taxies (hereinafter abbreviated as passenger invoices) shall be issued and administered by the management agency in a unified way. The full name and telephone number of an operator shall be printed or stamped on passenger invoices in addition.
Article 44 When a passenger complaining about a driver or an operator according to Regulations, i
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