In 2022, Shanghai Net Car New Deal

With the popularity of smart phones, our life has become more convenient. You can take a taxi before going out, which saves the trouble of waiting for a taxi or bus. So what is the new policy of Shanghai network car? Today, Huafa has collected and sorted out the legal knowledge about this for everyone, hoping to help you.

New Deal of Shanghai Net Car in 2020

Provisions of Shanghai Municipality on the Administration of Online Booking Taxi Service

(Promulgated by Decree No.48 of the Shanghai Municipal People's Government on February 26, 2006)

Article 1 (Purpose and Basis)

In order to implement the relevant requirements of the Guiding Opinions of the General Office of the State Council on Deepening Reform and Promoting the Healthy Development of the Taxi Industry, standardize the online booking of taxi business services in this Municipality, and ensure operational safety and the legitimate rights and interests of consumers, these Provisions are formulated in accordance with relevant laws and regulations.

Article 2 (Scope of Application)

These Provisions shall apply to the business services and related management activities of the city's network booking taxi (hereinafter referred to as network car).

Article 3 (Development Principles)

The development of online car rental in this city should adhere to the principles of legal management, environmental protection, safe operation, fair competition and protection of consumers' legitimate rights and interests.

Article 4 (Freight Rate)

The freight rate of this city's network car is subject to market adjustment.

Article 5 (Administrative Department)

The municipal traffic administrative department is the administrative department in charge of the network car in this city, and its Shanghai Urban Transportation Management Office is responsible for the specific management and supervision of the network car.

Municipal public security, human resources and social security, development and reform, environmental protection, taxation, industry and commerce, quality and technical supervision, commerce, economic informatization, financial services, network information, national communication in Shanghai, insurance supervision and other departments shall implement relevant supervision and management according to their respective functions and duties.

Article 6 (Conditions of Online Car Rental Platform)

If you apply for online car service in this city, you should have online and offline service capabilities. The specific conditions are in line with the Interim Measures for the Administration of Online Booking Taxi Management Services.

Law "(hereinafter referred to as the" Measures "), it shall also meet the following requirements:

(1) An enterprise legal person not registered in this Municipality has set up a branch in this Municipality;

(two) the data access of the network service platform of the industry supervision platform of the municipal traffic administrative department;

(3) Having offices, service outlets and management personnel commensurate with the number of registered vehicles and drivers in this Municipality;

(4) Insure carrier liability insurance.

Article 7 (Application Materials for Online Car Rental Platform)

To apply for network car service in this city, in addition to the materials specified in these Measures, the following materials shall also be submitted to the municipal traffic administrative department:

(1) A report on the identification result of online service capability issued by the provincial transportation department at the place of registration;

(two) the city's office space, service outlets and management personnel.

Article 8 (Conditions for Online Car Rental)

Vehicles engaged in online car service in this Municipality shall meet the following conditions in addition to the conditions stipulated in the Measures:

(a) registered in this city;

(2) meeting the emission standards of motor vehicles that can be registered in this Municipality;

(3) The wheelbase of the vehicle is greater than 2600 mm;

(4) Having passed the environmental protection and safety performance test of commercial vehicles;

(5) Compulsory insurance for insurance business, business third party liability insurance and passenger accident insurance;

(six) the installation of a fixed vehicle-mounted satellite positioning device that meets the standards, and the data information is connected to the industry supervision platform;

(seven) to install an emergency alarm device that can send emergency information to the public security organs.

Article 9 (Conditions for Online Car Rental Drivers)

Drivers engaged in network car-related business services in this Municipality shall meet the following conditions in addition to the conditions stipulated in the Measures:

(1) Household registration in this Municipality;

(two) before the date of application 1 year, there are more than five illegal acts of road traffic safety without driving a motor vehicle;

(3) There is no record that the taxi qualification certificate has been revoked within 5 years before the date of application;

(four) as of the date of application, there are no more than five cases of road traffic violations that have not been handled within the time limit.

Article 10 (License Validity Period)

If the municipal traffic administrative department makes an administrative licensing decision, it will issue a network booking taxi business license valid for 3 years to the network car platform company; Issue a "Network Booking Taxi Transport Certificate" valid for 3 years to vehicles; Issue a taxi driver's license with a registration period of 3 years to the driver.

Article 11 (Restrictions on Applying for Online Car Rental)

Individuals are only allowed to apply for the online car rental business of their own vehicles 1 vehicle, and must hold the online taxi driver's license.

Except for taxi and bus rental operators, vehicles owned by other units may not apply for engaging in online car rental business.

Taxi and bus rental operators engaged in the network car business of all vehicles and drivers shall meet the requirements of Article 8 and Article 9 of these Provisions, and apply to the municipal traffic administrative department for relevant documents.

Article 12 (Prohibition of Cross-industry Operation)

Network car and cruise taxi (hereinafter referred to as cruise car) shall not operate beyond the approved business scope.

Article 13 (Fees and Taxes)

The network car platform company shall strictly implement the clearly marked price regulations, promptly and accurately publicize the service contents, charging standards and complaint methods in a prominent position on the network service platform and business premises, and shall not charge any unspecified fees, and provide passengers with electronic or paper taxi invoices in this city.

Network car platform companies and drivers shall declare and pay taxes to the tax authorities of this Municipality according to law.

Article 14 (Responsibilities of Online Car Rental Platform)

In the event of a safety accident in the network car operation service, the network car platform company shall bear the responsibility of paying passengers' losses first.

The network car platform company shall sign a labor contract or agreement with the driver. To establish labor relations, a written labor contract shall be concluded according to law, and social insurance premiums shall be paid according to law.

If other agreements are signed, it shall include provisions on the protection of accidental injuries of drivers during operation.

Article 15 (Protection of Personal Information)

Network car platform companies should inform drivers, car owners, passengers and other personal information collection, use purposes, methods and scope in a significant way through their service platforms. Without the explicit consent of the information subject, the network car platform company shall not use the above personal information for other businesses.

The network car platform company shall not collect personal information of drivers, car owners and passengers beyond the necessary scope of providing network car service.

In addition to cooperating with state organs to exercise supervision and inspection rights or criminal investigation rights according to law, the online car platform company shall not provide any third party with personal information such as its name, contact information, home address, bank account or payment account, geographical location and travel route. Shall not disclose geographical coordinates, geographical indications and other sensitive information related to national security. After information leakage occurs, the network car platform company shall promptly report to the relevant competent authorities and take timely and effective remedial measures.

Article 16 (Network Information Security)

The online car rental platform company shall abide by the relevant national regulations on network and information security, and the collected personal information and generated business data shall be stored and used in the mainland of China for a period of not less than 2 years. Unless otherwise stipulated by laws and regulations, the above information and data shall not be exported.

The network car platform company shall not use its service platform to publish information prohibited by laws and regulations, and shall not provide convenience for enterprises, individuals, other groups and organizations to publish harmful information, and take effective measures to filter and block the spread of harmful information. If it is found that others use their network service platform to spread harmful information, they should immediately stop spreading it, keep relevant records and report to the relevant state organs.

The network car platform company shall provide necessary technical support and assistance for the public security organs to carry out national security work, prevent and investigate illegal and criminal activities according to law.

Article 17 (Business Service Specification)

The network car platform company shall comply with the following provisions:

(a) in accordance with the provisions of the maintenance of vehicle-mounted satellite positioning device, emergency alarm device;

(two) no information shall be released in the airport, railway station parade business station area.

The driver of the network car shall abide by the following provisions:

(a) shall not dismantle, damage or block the vehicle-mounted satellite positioning device;

(2) No special facilities and equipment such as cruise car meter and overhead light shall be installed;

(3) It is not allowed to attract customers by parade, and it is not allowed to attract customers in the area of parade bus business stations at airports and railway stations;

(four) shall not be handed over to others to engage in network car service;

(five) posting the "network booking taxi transport certificate";

(six) to cooperate with traffic law enforcement personnel to carry out law enforcement inspection.

Article 18 (Management Requirements for Online Car Rental Platforms)

The network car platform company shall establish a vehicle and driver management system. If a major safety accident is caused to the driver, which infringes on the interests of passengers and disrupts the operation order, the network car platform company shall, in accordance with the requirements of the municipal traffic administrative department and according to the relevant management system, take measures such as suspending business and canceling platform registration.

Article 19 (Administrative Supervision)

The municipal traffic administrative department shall regularly organize the service quality assessment of the network car, and timely announce to the public the basic information of the network car platform company, the service quality assessment results, the handling of passenger complaints, the handling of illegal acts and other information.

The credit information of network car platform companies and drivers should be included in the public credit information service platform of this Municipality.

The traffic, public security and other departments of this Municipality have the right to consult and consult relevant data and materials such as vehicle registration, driver registration, operation and transaction of car sharing platform companies within their jurisdiction according to management needs.

The communication management department, public security department and network information department shall, according to their respective functions and duties, investigate and deal with illegal collection, storage, processing and utilization of relevant personal information, violate the relevant provisions of Internet information services, endanger network and information security, use the online car service platform to release harmful information or provide convenience for enterprises, individuals and other organizations to release harmful information, and cooperate with the traffic administrative department to dispose of the online car platform companies that have found illegal acts according to law.

Public security and network information departments shall, according to their respective responsibilities, supervise and inspect the implementation of network security management system and technical measures for security protection, and prevent and investigate related illegal and criminal activities.

Article 20 (Territorial Services)

The municipal traffic administrative department shall formulate measures for the territorial management of Internet vehicles and drivers. The traffic administrative departments of all districts may be entrusted by the municipal traffic administrative department to provide application acceptance and other services for car drivers in their respective areas.

Article 21 (Penalties for Online Car Rental Platforms)

In violation of the provisions, the network car platform company has one of the following acts, the municipal traffic administrative department shall order it to make corrections, and impose a fine of 5000 yuan to 30000 yuan:

(a) in violation of the provisions of the first paragraph of article seventeenth, the vehicle-mounted satellite positioning device or emergency alarm device is not maintained in accordance with the provisions;

(two) in violation of the provisions of the second paragraph of the first paragraph of article seventeenth, in the airport, railway station parade car business station area to release the information;

(three) in violation of the provisions of article eighteenth, the vehicle and driver management system has not been established or implemented.

If the network car platform company violates laws, regulations and rules, and the circumstances are serious, the municipal traffic administrative department shall order it to make rectification within a time limit, and may suspend the acceptance of its new car and driver registration business.

Article 22 (Penalties for Online Car Rental Drivers)

In case that the driver who hitches a ride on the network violates these provisions and has any of the following circumstances, the municipal traffic administrative department shall order him to make corrections and impose a fine of 1000 yuan to 5,000 yuan, which shall be included in the credit records of the driver and the platform company of hitches on the network:

(1) Dismantling, damaging or blocking the vehicle-mounted satellite positioning device in violation of the provisions of Item 1 of Paragraph 2 of Article 17;

(two) in violation of the provisions of the second paragraph of article seventeenth, the installation of cruise car meter, dome light and other special facilities and equipment;

(3) Violating the provisions of Item 3, Paragraph 2 of Article 17, driving the network to take passengers by car parade, or carrying passengers at the airport or railway station parade business station area;

(four) in violation of the provisions of the second paragraph of article seventeenth, the vehicle is handed over to others to engage in online car service;

(five) in violation of the provisions of the fifth paragraph of the second paragraph of article seventeenth, the vehicle has not posted the "network booking taxi transport certificate";

(six) in violation of the provisions of the second paragraph of article seventeenth, refused to cooperate with traffic law enforcement officers to carry out law enforcement inspection.

Article 23 (Penalties for Illegal Passenger Transport)

If the network car platform company and the driver violate the provisions of "Several Provisions of Shanghai Municipality on Investigating and Handling Illegal Passenger Transport of Vehicles" and "Measures of Shanghai Municipality on Investigating and Handling Illegal Passenger Transport of Vehicles", administrative punishment and administrative enforcement shall be implemented in accordance with its provisions.

Article 24 (Implementation Date)

These Provisions shall come into force as of the date of promulgation.

Well, that's the legal knowledge about Shanghai's new online car rental policy brought to you by Hua Lv Bian Xiao today. I hope you have a complete understanding of this problem, so that you can know what to do next about the problems you encounter. If you encounter such a problem, you must use legal weapons to defend your fairness. If you need car consultation, please enter the Pacific Auto Network and consult your major. I believe there will be a perfect answer.

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