Measures of Shanghai Municipality on Investigating and Handling Illegal Passenger Transport by Vehicles

In order to ensure the safety of passengers, standardize the order of the passenger transport market in this Municipality, and stop illegal passenger transport by vehicles, these measures are formulated in accordance with the relevant provisions of the Regulations of Shanghai Municipality on Taxi Management, the Regulations of Shanghai Municipality on Bus and Tram Passenger Transport Management, the Regulations of Shanghai Municipality on Road Transport Management, and the Provisions of Shanghai Municipality on Investigating and Handling Illegal Passenger Transport by Vehicles. Article 2 (Administrative Department)

The municipal traffic administrative department is responsible for the investigation and management of illegal passenger transport of vehicles within the administrative area of this Municipality; The traffic administrative departments of Pudong New Area, Minhang, Baoshan, Jiading, Fengxian, Songjiang, Jinshan, Qingpu, Chongming and other districts and counties (hereinafter referred to as "the traffic administrative departments of districts and counties") are responsible for the investigation and management of illegal passenger transport by vehicles within their respective jurisdictions.

City, district and county traffic administrative law enforcement agencies (hereinafter referred to as "traffic administrative law enforcement agencies") shall be responsible for the supervision and inspection of illegal passenger transport of vehicles within their respective jurisdictions in accordance with the prescribed duties.

Municipal public security and other administrative departments shall, in accordance with relevant laws and regulations, coordinate the implementation of these measures. Article 3 (General Prohibition Clause)

Cars that have not obtained the business passenger transport qualification certificate shall not engage in business passenger transport activities.

Motorcycles, tricycles, electric mopeds and other vehicles are not allowed to engage in business passenger transport activities.

Tricycle shall not be equipped with passenger facilities such as seats other than the driver's seat. Article 4 (Counterfeiting passenger taxis is prohibited)

Except for taxis, other cars shall not be painted with the special body color of taxis, and shall not be equipped with special operating signs and facilities for taxis such as overhead lights and meters.

No unit or individual may paint the special body color of taxi for vehicles other than taxi or provide special operation signs and facilities for taxi. Article 5 (Provisions on Withdrawal of Passenger Taxi)

When the taxi vehicle is scrapped or updated, the operator shall remove the special car body color, special operation signs and facilities of the taxi, and go through the cancellation procedures of the operation license with the traffic administrative department within 5 working days after the vehicle is scrapped or updated. Article 6 (Bidding)

Except for commercial bus drivers, other personnel are not allowed to attract passengers in public places such as airports, stations, ports, hospitals, commercial outlets, tourist distribution points and roads. Article 7 (Special Waiting Area)

The municipal or district/county traffic administrative department may, jointly with the municipal or district/county public security traffic administrative department, designate special waiting areas for passenger taxis at airports, stations, ports, hospitals, commercial outlets, tourist distribution points and roads.

Taxis should wait for passengers in the special waiting area, and other vehicles are not allowed to park in the special waiting area. Article 8 (Information Service Management)

Service providers who use Internet websites and software tools to provide taxi call information shall abide by the taxi dispatching service specifications and provide passenger service driver and vehicle information to the municipal traffic administrative department.

If it is determined by the municipal traffic administrative department that the passenger service driver or vehicle does not have the operation qualification, the service provider specified in the preceding paragraph shall not provide the information service of calling the car by telephone. Article 9 (Supervision and Inspection)

Traffic administrative law enforcement agencies should strengthen the supervision and inspection of illegal passenger transport of vehicles. For airports, railway stations, ports, hospitals, commercial outlets, tourist distribution points, roads and other public places, traffic administrative law enforcement organs should increase the investigation and punishment of illegal passenger transport by vehicles.

The units or individuals under inspection shall cooperate with the traffic administrative law enforcement agencies and other administrative departments for inspection, and provide relevant information, and shall not refuse or obstruct. Article 10 (Publicity, Mobilization and Social Reporting Mechanism)

Traffic, public security and other administrative departments should widely publicize the dangers of illegal passenger transport through various forms, and mobilize citizens to actively cooperate with the investigation and punishment of illegal passenger transport by vehicles.

The traffic administrative law enforcement agency shall set up a special telephone to report illegal passenger transport of vehicles and announce it to the public. The department that accepts the report shall keep the informant confidential.

After receiving the report, the traffic administrative law enforcement agency shall immediately carry out an investigation, and investigate and deal with the illegal passenger transport of vehicles within one month, and feedback the informants. Article 11 (Collection of Evidence)

Audio-visual materials such as audio and video recordings, witness testimonies and inspection records collected by traffic administrative law enforcement organs and public security organs according to law can be used as evidence to identify illegal passenger transport by vehicles.

Staff of traffic administrative law enforcement organs and public security organs shall not collect evidence of illegal passenger transport by threats, enticements or deception. The evidence obtained in the above way shall not be used as the basis for investigating illegal passenger transport of vehicles. Article 12 (Punishment for violation of general prohibition)

In violation of the provisions of the first paragraph of Article 3 of these Measures, those who illegally engage in commercial passenger transport activities shall be punished in accordance with the provisions of relevant laws and regulations; If illegal passenger transport activities are found again and there are potential safety hazards, the vehicles used for illegal passenger transport activities will be confiscated according to legal procedures. Drivers who illegally engage in commercial passenger transport activities shall be temporarily detained by the public security traffic management department for 3 to 6 months; If there are illegal acts of road traffic safety that should be revoked according to law, the motor vehicle driver's license shall be revoked.

In violation of the provisions of the second paragraph of Article 3 of these measures, motorcycles, tricycles, electric mopeds and other vehicles illegally carry passengers, the traffic administrative department of the public security shall be responsible for road inspection, and after collecting relevant evidence, the case materials shall be transferred to the traffic administrative department of the city or county, and the traffic administrative department of the city or county shall impose a fine of 1000 yuan to 5000 yuan.

In violation of the provisions of the third paragraph of Article 3 of these measures, if a tricycle is equipped with passenger facilities such as seats, the municipal or district/county traffic administrative department shall impose a fine of more than 5000 yuan 1000 yuan.