《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

f this passenger is not willing to give the facts of complaint which are needed or has failed to be present at a scheduled time， it shall be dealt with as this person has given up the complaint； if the driver or the operator is needed to be present for defense and has failed to do so at a scheduled time， it shall be dealt with as this p

erson has given up the defense.

　　If a passenger has made a false complaint and caused a driver to suffer from a loss， this passenger shall be held liable for making a compensation for the driver‘s actual economic loss.

　　Article 45 A driver may sign a contract for undertaking operation with an operator according to law and conduct the contracted operation. The standard contract formulated by the municipal office of transit in a unified way shall be used for contracted operation.

　　A contract for undertaking operation shall include the following main items：

　　（1） both parties to the contract；

　　（2） the vehicles and time limit of contracted operation；

　　（3） the contracted amount of earnings；

　　（4） the guarantee item；

　　（5） the liability of legally prescribed fees；

　　（6） the other rights and obligations of both parties；

　　（7） the other items agreed on by both parties.

　　In the main items above， the ceiling of the contracted amount of earnings， the maximum of the guaranty bond for contracted operation referred to in the guarantee item， and the liability of legally prescribed fees shall be decided by the municipal office of transit.

　　Article 46 The municipal trade association of taxicabs shall work out the service promises for the taxi trade of the whole city to make to society， publish them as a code of professional ethics of the trade， and supervise its members‘ implementation.

　　An operator shall keep the service promises of the taxi trade and may also make a promise in the light of practical conditions that it would provide even better services. The implementation of the promises shall be the items of evaluation for annual assessment and appraisal through comparison of operators which are conducted by the municipal office of transit， management agency， and trade association of taxicabs.

　　Chapter IV Legal Liabilities

　　Article 47 Except the municipal office of transit and the management agency entrusted by the office， any unit and individual shall not withhold certificates of operation license， driving permits， and certificates of road transportation. If an operator believes that withholding is indeed necessary， a proposal shall be submitted to the municipal office of transit or the management agency to withhold these documents according to law.

　　When withholding the certificates listed in the above section， the municipal office of transit or the management agency entrusted by the office shall hand over to the party concerned a written decision on temporary withholding issued by the municipal office of transit； the party concerned shall go to the municipal office of transit to accept investigation and settlement before a deadline prescribed by the written decision on temporary withholding.

　　Article 48 If a winner of bid for operation license has failed to go through the formalities within a prescribed time limit and put taxies into operation， an order to make it up by going through the formalities by a new deadline shall be issued； if the formalities still has not been completed after the new deadline， the related operation certificates and permits which has already been received shall be taken back， the operation license fee which has already been paid shall be returned after deducting the cost which has to be paid.

　　The operations licenses taken back according to the rules in the above section may be put up for auction again by the decision of the municipal office of transit. The party punished shall be held liable for the expenses of this auction.

　　Article 49 If one of the following acts has been taken in violation of the rules on the administration of operation licenses， the municipal office of transit or the management agency entrusted by the office shall order stopping operation， confiscate illegal earnings， and impose a fine of 2000 RMB on the operator：

　　（1

） having failed to go through the formalities for changes in operation license， certificate of road transportation， and driving permit on time after replacing the old taxies and continued to keep operation going；

　　（2） having failed to go through the formalities to cancel the registration after the operation license expired and continued to keep operation going.

　　Article 50 If there is one of the following situations in violation of the rules on

　　the administration of operating conditions， the municipal office of transit and the management agency entrusted by the office shall order correction and impose a fine on the operator：

　　（1） if the vehicle body is seriously damaged， palpably dented， and rotting， the paint is peeling off， and the appearance of the whole vehicle is not clean， the repair by a deadline shall be ordered and a fine of 800 RMB shall be imposed； if the repair has not been done after the deadline， order to stop operation shall be issued；

　　（2） if car doors are out of shape or loose， door locks are not reliable， or car windows cannot be opened or closed normally， the repair by a deadline shall be ordered and a fine of 500 RMB shall be imposed；

　　（3） in case of adding or changing the facilities of a taxi without authorization， correction shall be ordered and a fine of 500 RMB shall be imposed；

　　（4） if the floor， seats， and trunk （spare compartment） inside vehicle and the exterior of vehicle body are not clean， correction shall be ordered and a fine of 200 RMB shall be imposed；

　　（5） if the words in a sign which should be printed or posted in a taxi according to the rules are not complete or clearly readable， correction shall be ordered and a fine of 200 RMB shall be imposed；

　　（6） in case of failure to post a sign of smoke prohibition in a prescribed place， a fine of 50 RMB shall be imposed.

　　Article 51 If a taxi driver has taken one of the following acts， the municipal office

　　of transit or the management agency entrusted by the office shall impose the following penalties respectively：

　　（1） in case of inappropriate use of a taximeter by starting it before a passenger gets on a taxi， the return of fares shall be ordered， a fine of 50 times of the overcharge shall be imposed， and one-time violation shall be recorded；

　　（2） if the charged fares according to an agreement exceeds the rates of agreement fares， an order to return to a passenger a sum as twice as the overcharge shall be issued， a fine of 50 times of the overcharge shall be imposed， and one-time violation shall be recorded；

　　（3） in case of driving a vacant taxi without using either “temporarily out of service” sign or vacancy sign， a fine of 1000 RMB shall be imposed and one-time violation shall be recorded；

　　（4） in case of carrying a passenger without using a taximeter， a fine of 500 RMB shall be imposed and one-time violation shall be recorded；

　　（5） if there is no passenger invoice to be given when charging a fare， a passenger invoice which has been given is not complete， there is no full name of an operator on a passenger invoice in use， or there is no passenger invoice for agreement fares only when charging an agreement fare， correction shall be ordered and a fine of 50 RMB shall be imposed；

　　（6） in case of changing the functions of vacancy light and dome light without authorization， correction shall be ordered and a fine of 200 RMB shall be imposed；

　　（7） if a driver has failed to follow the order to wait for passengers at stations， docks， airports， port area， and special waiting stations on the intra-city main lines， refused to abide by the order to manage passenger-waiting， left the driver‘s cab when waiting for passengers， used the other people or other inappropriate ways to solicit passengers， and refused to obey the direction and dispatch of the personnel of transit administration， correction

shall be ordered and a fine of 20 RMB shall be imposed.

　　Article 52 If two or more than two persons liable are implicated in violation of

　　Regulations and these detailed rules， penalties shall be imposed respectively according to the facts and circumstances of violation.

　　If a doer of illegal acts has taken more than two illegal acts， penalties shall be imposed respectively， but implemented in combination.

　　Article 53 When exercising the authority to impose administrative penalties， the municipal office of transit and the management agency entrusted by the office shall do so according to the related rules on decision， implementation procedure， and corresponding legal liabilities of administrative penalties referred to in Administrative Penalties Law of the People‘s Republic of China.

　　Chapter V Supplementary Provisions

　　Article 54 “more”， “within” a number referred to in Regulations and these detailed rules shall include the number itself， “less than” a number shall not include the number itself.

　　Article 55 These detailed rules shall take effect as of the date of promulgation

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