Announcement of the Standing Committee of the Tianjin Municipal People's Congress
No.14
The Tianjin Road Transport Regulations were passed at the 7th meeting of the Standing Committee of the 18th Tianjin Municipal People's Congress on January 16, 2024, and are hereby promulgated. They will come into effect on March 1, 2024.
Standing Committee of Tianjin Municipal People's Congress
January 16th, 2024
Tianjin Road Transport Regulations
(Passed at the 7th meeting of the Standing Committee of the 18th Tianjin Municipal People's Congress on January 16, 2024)
catalogue
Chapter 1 General Provisions
Chapter 2 Road Transport Services
Section 1 General Provisions
Section 2 Passenger Transport Operation
Section 3 Freight Operations
Section 4 Road Transport Related Business
Chapter 3 Road Transport Safety Management
Chapter 4: Regional Cooperation in the Beijing Tianjin Hebei Region
Chapter 5 Supervision and Inspection
Chapter 6 Legal Liability
Chapter 7 Supplementary Provisions
Chapter 1 General Provisions
Article 1:; In order to maintain the order of the road transportation market, ensure road transportation safety, protect the legitimate rights and interests of all parties involved in road transportation, and promote the healthy development of the road transportation industry, this regulation is formulated in accordance with the "Regulations of the People's Republic of China on Road Transport" and other relevant laws and administrative regulations, combined with the actual situation of this city.
Article 2:; Engaging in road transportation operations, road transportation related businesses, and road transportation management activities within the administrative area of this city shall be subject to this regulation.
The road transportation operation referred to in these regulations includes road passenger transportation operation (hereinafter referred to as passenger transportation operation) and road freight transportation operation (hereinafter referred to as freight transportation operation). Road transportation related businesses include road transportation station (yard) operation, motor vehicle maintenance operation, and motor vehicle driver training.
Article 3:; Road transport management should adhere to the leadership of the CPC, follow the principles of fairness, impartiality, openness, safety, efficiency and convenience, serve the construction of a unified, open, competitive, orderly, intelligent and green road transport market, and promote the diversified and qualitative development of road transport services.
Engaging in road transportation operations and related businesses shall operate in accordance with the law, be honest and trustworthy, compete fairly, and provide safe, convenient, and high-quality services to service recipients.
Article 4:; The municipal and district people's governments should strengthen their leadership in road transportation management, coordinate the development of various road transportation modes, and build a modern road transportation service system that is socialized, specialized, information-based, and intelligent.
Article 5:; The municipal transportation department is responsible for the management of road transportation throughout the city, while the district transportation department is responsible for the management of road transportation in their respective administrative regions.
The departments of development and reform, public security, planning and resources, culture and tourism, emergency management, market supervision, etc. shall carry out road transportation management related work in accordance with their respective responsibilities.
Article 6:; The municipal transportation authority shall, in conjunction with relevant departments, formulate road transportation development plans based on the needs of national economic and social development, and organize their implementation after approval by the municipal people's government.
The development plan for road transportation should clearly define the development goals, industry layout, and safeguard measures for road transportation.
The development plan for road transportation should take into account regional cooperation and promote coordinated development of road transportation in the Beijing Tianjin Hebei region.
Article 7:; The city has strengthened scientific and technological innovation in the field of road transport, promoted the deep integration of new technologies such as big data, the Internet, artificial intelligence, blockchain and supercomputing with the road transport industry, promoted the development of road transport enabled by data resources, and created a smart transport service system.
Article 8:; Road transport related industry associations should establish and improve industry self-discipline systems, regulate and guide member business behavior, promote industry integrity construction, and maintain fair competition order in the road transport market. Encourage industry associations related to road transportation to participate in the research and development of regulations, policies, and standards related to road transportation.
Chapter 2 Road Transport Services
Section 1 General Provisions
Article 9:; Those engaged in road transportation operations and related businesses shall meet the conditions stipulated by laws, regulations, and rules that are suitable for their business operations.
Those engaged in passenger transport operations, freight transport operations, and road passenger transport station (yard) operations shall obtain business licenses in accordance with the law; Those engaged in the operation of road freight transport stations (sites), motor vehicle maintenance operations, and motor vehicle driver training shall be registered in accordance with the law; Vehicles engaged in passenger and freight operations shall obtain road transport certificates in accordance with the law. Except as otherwise provided by laws and administrative regulations.
Article 10:; If road transportation and related business operators need to terminate their operations, they shall inform the original licensing or filing authority in accordance with regulations, and the original licensing or filing authority shall handle the relevant procedures in accordance with the law.
Article 11:; Road transport operators shall comply with the following regulations:
（1） Engage in road transportation activities within the permitted business scope;
（2） Engage in road transport activities within the scope indicated on the road transport certificate;
（3） Maintain and inspect road transport vehicles in accordance with regulations, and participate in inspections to ensure that the vehicles comply with national technical standards;
（4） Strengthen legal education, professional ethics education, and professional skills training for practitioners;
（5） Timely investigate and handle service quality issues raised by service recipients;
（6） Other relevant provisions of laws, regulations, and rules.
If the state has regulations on obtaining corresponding qualifications for road transport practitioners, road transport operators shall employ qualified personnel to engage in corresponding road transport activities.
Article 12:; Road transportation and related business operators shall clearly mark prices and reasonably charge fees in accordance with the relevant price management regulations of the state and this city.
Article 13:; Road transport vehicles transporting passengers shall not exceed the approved number of people and shall not carry goods in violation of regulations; Those who transport goods shall not transport passengers, and the transported goods shall comply with the approved load capacity, and overloading is strictly prohibited; The length, width, and height of the load shall not violate the loading requirements.
Those who violate the provisions of the preceding paragraph shall be punished by the traffic management department of the public security organs in accordance with the relevant provisions of the Road Traffic Safety Law of the People's Republic of China.
Article 14:; Passenger transport operators and dangerous goods transport operators shall unify the management and dispatch of vehicles and drivers, unify financial management, and shall not allow other units or individuals' road transport vehicles to be operated by their own units.
Article 15:; Encourage road transport operators to implement large-scale, intensive, and information-based operations, use energy-saving and new energy vehicles that meet national standards for road transport, and promote energy conservation and emission reduction.
Encourage the demonstration application of intelligent connected vehicles in the field of road transportation in accordance with relevant national and local regulations.
Article 16:; Road transportation and related business operators shall establish and improve management, safety management, statistics, and filing systems in accordance with regulations, and timely submit relevant information to the transportation authorities.
Article 17:; The municipal transportation authority shall, in conjunction with relevant departments, strengthen the informationization construction of road transportation, promote the interconnection and data sharing of relevant service systems, improve the level of public information services for road transportation, and regularly release relevant transportation information to the society.
Section 2 Passenger Transport Operation
Article 18:; The transportation regulatory department should do a good job in collecting information on the passenger transport market, regularly publicize the supply and demand situation of the passenger transport market, and for those who need to increase transportation capacity, formulate plans to increase transportation capacity, publicize them to the society, and organize their implementation.
Article 19:; After obtaining the road transportation operation license, the operator of scheduled passenger transportation shall continuously provide transportation services to the public and shall not suspend, terminate or transfer scheduled transportation without authorization.
Article 20:; Passenger vehicles on the bus route shall operate in accordance with the permitted starting and ending points, daily departure limits, and registered routes. Passengers shall be loaded and unloaded at the starting and ending passenger stations and intermediate stop passenger stations. Passengers shall not be loaded outside the designated stations or solicited along the way. The route shall not be changed without justifiable reasons, and passengers shall not be loaded or unloaded within the closed sections of the expressway.
Article 21:; The operator of charter passenger transportation shall carry the charter passenger transportation signboard with the vehicle, transport according to the agreed time, starting point, destination, and route, and hold the charter contract. They shall not solicit passengers outside the charter contract to board, nor engage in scheduled passenger transportation.
One end of the operation route for chartered passenger transportation and tourist passenger transportation should be at the registered location of the vehicle. Tourist passenger transportation should operate within tourist attractions or have at least one end of its route at a tourist attraction (point).
Article 22:; Passenger transport operators shall not force passengers to take the bus, hand over passengers to others for transportation, detain, abandon passengers or force passengers to transfer vehicles on the way, extort passengers, use buses of lower than the prescribed type and level for transportation, or obstruct the normal business activities of other operators.
If it is necessary for passengers to transfer vehicles due to special reasons such as vehicle malfunctions, they should be exchanged in a timely manner, and the type and level of the transfer bus should not be lowered, and no additional fees should be charged.
Article 23:; Passenger transport operators should provide passengers with a good riding environment, ensure that vehicle equipment and facilities are complete and effective, maintain vehicle cleanliness and hygiene, and take necessary measures to prevent illegal acts that harm the personal and property safety of passengers during transportation.
Passenger transport operators shall inform passengers of safety matters such as fastening seat belts before departure in accordance with relevant regulations. When there is an illegal act that violates the personal and property safety of passengers during transportation, the passenger transport operator shall promptly report to the public security organs and cooperate with them to handle the illegal act.
Article 24:; Passengers should hold valid ticket vouchers, abide by the order of boarding, pay attention to civilization and hygiene, and shall not carry dangerous goods or other prohibited items as stipulated by the state, nor interfere with the safe driving of the driver.
Passengers should cooperate with luggage and item security checks. If they refuse to cooperate, the passenger transport operator and station operator shall not allow them to board the bus.
Section 3 Freight Operations
Article 25:; Freight operators shall not transport goods prohibited by laws and administrative regulations.
Freight operators shall inspect and confirm that all relevant procedures are complete and valid before transporting goods that are subject to legal and administrative regulations for restricted or certified transportation.
Article 26:; Freight operators should take necessary measures to prevent goods from falling off, scattering, or leaking during transportation, ensuring environmental hygiene and cargo transportation safety.
Article 27:; Personnel engaged in road transportation of dangerous goods and vehicles, equipment, etc. used for road transportation of dangerous goods shall comply with relevant national regulations on dangerous goods transportation.
Necessary measures should be taken during the transportation of dangerous goods to prevent combustion, explosion, radiation, leakage, etc.
The transportation of dangerous goods shall be accompanied by necessary escort personnel to ensure that the dangerous goods are under the supervision of the escort personnel, and clear dangerous goods transportation signs shall be hung.
Article 28:; Encourage freight operators to use container vehicles, enclosed box vehicles, multi axle heavy vehicles, as well as trailer and multimodal transport methods for road freight transportation. Guide freight operators to adopt the one-stop transportation service mode and apply Internet service modes such as electronic contract, electronic waybill and online settlement.
Article 29:; Encourage the development of online platforms for road freight transportation, promote the intensive integration and efficient utilization of logistics resources.
Engaging in the operation of road freight transportation on online platforms shall comply with relevant national and local regulations, and possess online service capabilities such as information exchange processing and full process tracking and recording that are suitable for conducting business.
Article 30:; Operators of freight stations, ports, factories, mines, construction sites, and other road transportation loading sites (hereinafter referred to as freight source units) shall establish and improve vehicle loading registration, statistical systems, and archives, equip weighing and measuring facilities and equipment, and ensure that departing freight vehicles are legally loaded.
The source unit of freight shall not release overloaded and oversized freight vehicles.
Article 31:; The municipal and district governments should strengthen their leadership in the source control of overloading and overloading of freight vehicles. The district people's government shall organize relevant departments to identify and publicize key freight source units, and accept social supervision.
The industry regulatory department of the freight source unit shall strengthen the supervision and management of the loading behavior of the freight source unit, and urge it to fulfill its legal responsibility for vehicle loading.
Section 4 Road Transport Related Business
Article 32:; Road transport station (yard) operators shall maintain station (yard) order, equip safety facilities and equipment in accordance with regulations, and set up safety signs.
Road transport station (yard) operators shall conduct safety inspections on vehicles exiting the station, prohibit unlicensed vehicles from entering the station to engage in business activities, and prevent overloaded vehicles or vehicles that have not undergone safety inspections from leaving the station.
Article 33:; Bus station operators shall comply with the following regulations:
（1） Sign a contract with the passenger transport operator entering the station in accordance with the law, clarifying the rights and obligations of both parties;
（2） Publicize the type and level of passenger vehicles entering the station, transportation routes, stations, schedules, departure times, ticket prices, and other information in a prominent location, orderly dispatch vehicles entering and leaving the station, and maintain the order of boarding and disembarking;
（3） Unauthorized station tickets shall not be sold;
（4） Report to the transportation authority in a timely manner for inbound buses that have been parked in Banda for more than seven days without valid reasons;
（5） For passenger vehicles that fail to depart on time, timely release information, maintain waiting order, and assist carriers in arranging stranded passengers. For passengers who are severely stranded, immediate evacuation measures shall be taken and the transportation authority shall be promptly reported;
（6） Other relevant provisions of laws, regulations, and rules.
Article 34:; Freight station (yard) operators shall comply with the following regulations:
（1） Publish the name, business scope, location plan, and complaint hotline of the freight operator in a prominent location;
（2） Classify and store the goods according to their nature and storage requirements, ensuring that the goods are intact and undamaged, and not storing dangerous goods in violation of regulations;
（3） Packaging operations shall be carried out in accordance with the national transportation packaging standards, and the packaging materials, packaging technology, and quality shall meet the transportation requirements;
（4） Handle and unload goods in accordance with the prescribed business operating procedures;
（5） Check the operating procedures of freight operators and vehicles entering the freight station for operation;
（6） Other relevant provisions of laws, regulations, and rules.
Article 35:; Motor vehicle maintenance operators shall comply with the following regulations:
（1） According to relevant national technical specifications, motor vehicles shall be repaired to ensure the quality of repair, and counterfeit and inferior parts shall not be used to repair motor vehicles;
（2） Sign maintenance contracts (maintenance orders) with the maintenance party in accordance with the law, establish maintenance records, and implement electronic management of records;
（3） According to regulations, truthfully fill in and timely upload the maintenance electronic data records of the contracted motor vehicles to the relevant national electronic health record system for automobile maintenance;
（4） For motor vehicles undergoing secondary maintenance, assembly repair, or complete vehicle repair, a maintenance quality inspection shall be conducted. If the inspection is qualified, the maintenance quality inspector shall issue a motor vehicle maintenance certificate;
（5） Provide a detailed list of repair costs after the completion of the repair service;
（6） During the warranty period for maintenance quality, if the motor vehicle cannot be used normally due to maintenance quality reasons, it should be repaired promptly and free of charge;
（7） Not allowed to repair motor vehicles beyond the registered business scope;
（8） Do not expand motor vehicle maintenance projects without authorization;
（9） Not allowed to repair scrapped motor vehicles, not allowed to modify motor vehicles without authorization, and not allowed to assemble motor vehicles using accessories;
（10） Other relevant provisions of laws, regulations, and rules.
Article 36:; Motor vehicle driver training institutions shall comply with the following regulations:
（1） Sign training contracts with trainees in accordance with the law, clarifying the rights and obligations of both parties;
（2） Carry out training and teaching according to the national unified teaching syllabus to ensure the quality of training;
（3） Establish student files, and issue training completion certificates to students who have completed the training;
（4） Establish training records and prohibit forging or tampering with them;
（5） Carry out basic and on-site driving training at the registered coaching venue, and conduct road driving training according to the route and time designated by the traffic management department of the public security organ;
（6） The affiliated coach should provide guidance on board or on-site during basic and field driving training, and provide guidance on board during road driving training;
（7） Strengthen coach management and submit the main information of coach files to the transportation authority in accordance with regulations;
（8） Other relevant provisions of laws, regulations, and rules.
Article 37:; The transportation authority shall verify the training records of motor vehicle driver training institutions.
The transportation authorities and the traffic management departments of the public security organs shall promote the networking and integration of the motor vehicle driving training and supervision service platform with the examination system, and achieve the sharing of training and examination information.
Chapter 3 Road Transport Safety Management
Article 38:; Road transportation and related business operators are the main responsible parties for road transportation safety, and their main responsible persons are fully responsible for the road transportation safety work of their own units.
Article 39:; Road transportation and related business operators shall strengthen the standardization of safety production in accordance with relevant national and local regulations, establish and improve the safety production management system, comprehensively control the safety production work in all aspects of road transportation, effectively prevent risks and eliminate hidden dangers.
Article 40:; Road transportation and related business operators shall establish safety production education and training records. Safety production education and training should be truthful, effective, and comply with the frequency, duration, and content requirements stipulated by the state and this city.
Road transport operators should pay attention to the physical, psychological, and behavioral habits of their employees, strengthen psychological counseling and emotional comfort for them, strictly implement their job safety production responsibilities, and prevent accidents caused by abnormal behavior of employees.
Article 41:; Road transport vehicles required by the state to install satellite positioning devices and intelligent video surveillance alarm devices shall be installed in accordance with regulations and maintain the normal use of the devices to meet the requirements of dynamic monitoring.
Road transport operators shall supervise their hired drivers, escorts, full-time monitoring personnel, etc. to use satellite positioning devices and intelligent video surveillance alarm devices in accordance with regulations. Road transport operators shall conduct real-time monitoring and management of the operation process of their road transport vehicles and drivers.
Article 42:; Road transport operators should strengthen the safety management of road transport drivers. Road transport drivers shall not drive continuously for more than four hours; Those who drive continuously for four hours should stop and rest, with a rest time of no less than twenty minutes.
Passenger vehicles that run for more than 600 kilometers on highways or 400 kilometers on other highways shall be accompanied by two or more drivers.
Article 43:; Road transport operators shall formulate emergency plans for road transport related to traffic accidents, natural disasters, and other emergencies, and conduct regular drills. The emergency plan should include reporting procedures, emergency command, reserve of emergency vehicles and equipment, and disposal measures.
In the event of traffic accidents, natural disasters, or other emergencies, road transport operators shall obey the unified dispatch and command of the municipal or district people's government or relevant departments.
Chapter 4: Regional Cooperation in the Beijing Tianjin Hebei Region
Article 44:; The Municipal People's Government should actively promote the regional integration development of road transportation, establish a road transportation coordination mechanism with the Beijing Municipal People's Government and the Hebei Provincial People's Government, negotiate major issues related to road transportation, and promote the mutual linkage, resource sharing, and coordinated development of road transportation between regions.
Article 45:; The municipal transportation authority shall formulate policies related to road transportation, taking into account the coordination with road transportation in Beijing and Hebei provinces, and promote regional cooperation and development of road transportation in accordance with the requirements of unified planning, unified standards, and unified management.
Article 46:; The municipal transportation authority shall establish a regional joint law enforcement mechanism with the Beijing transportation authority and the Hebei transportation authority, strengthen the sharing of regional road transportation management information and early warning linkage, resolve cross regional road transportation disputes, and promote joint prevention and control of regional road transportation work.
Article 47:; Our city strengthens technological innovation cooperation with Beijing and Hebei provinces in the field of road transportation, organizes joint scientific research on major issues in regional road transportation, promotes joint research on key core technologies, and continuously enhances the independent innovation capability of regional road transportation.
Chapter 5 Supervision and Inspection
Article 48:; The transportation authorities shall strictly supervise and inspect road transportation activities in accordance with their responsibilities, authorities, and procedures, stop and correct illegal activities, and shall not set up checkpoints, charge fees, or impose fines arbitrarily.
The units and individuals subject to supervision and inspection shall accept the supervision and inspection implemented in accordance with the law, and truthfully provide relevant information or situations.
Article 49:; The transportation authorities should focus on supervising and inspecting road transportation and related business premises, passenger and freight distribution centers, highway toll stations, and service areas.
The transportation authority shall not arbitrarily intercept normal road transport vehicles during supervision and inspection at highway intersections.
Article 50:; In the process of implementing road transport supervision and inspection, the competent transportation department shall, in accordance with the law, temporarily detain vehicles without road transport certificates and unable to provide other valid certificates on the spot. They shall keep them properly, not use them, and shall not charge or indirectly charge storage fees.
Article 51:; The transportation authority shall establish and improve a system for handling public affairs and reporting complaints, and make relevant matters public to the society. After receiving a report or complaint, the transportation authority shall handle it in accordance with the law within 20 days and provide a response.
Article 52:; Transportation, public security and other departments should establish a joint law enforcement mechanism to investigate and punish illegal operations of road transportation in accordance with the law, and maintain the order of the road transportation market.
Article 53:; The transportation regulatory authorities should strengthen the construction of the road transportation credit system, improve the incentive and punishment mechanisms for trustworthiness, establish and improve credit evaluation and application systems, and improve the service quality of the road transportation industry.
Chapter 6 Legal Liability
Article 54:; If the transportation authorities and other relevant departments fail to fulfill their responsibilities for road transportation supervision and management in accordance with the law, the competent authorities shall order them to make corrections, and the directly responsible supervisors and other directly responsible personnel shall be dealt with in accordance with the law.
Article 55:; If road transport and road transport related business operators who have obtained business licenses violate the provisions of these regulations and do not have the conditions suitable for their business operations during the operation period, the transportation authority shall order them to rectify within a specified time limit; Those who refuse to rectify or still do not meet the conditions suitable for their business operations after rectification shall have their corresponding road transport business license revoked by the original licensing authority.
Article 56:; If a road transport operator violates the provisions of this Regulation and fails to engage in road transport activities within the scope indicated on the road transport certificate, the competent transportation department shall order it to rectify within a specified time limit and impose a fine of not less than 1000 yuan but not more than 5000 yuan.
Article 57:; If a passenger transport operator or a dangerous goods transport operator violates the provisions of this regulation by allowing other units or individuals' road transport vehicles to be operated by this unit, the transportation authority shall order them to make corrections within a time limit and impose a fine of not less than 10000 yuan but not more than 50000 yuan.
Article 58:; If a passenger transport operator violates the provisions of this Regulation and falls under any of the following circumstances, the competent transportation department shall order it to rectify within a specified time limit and impose a fine of not less than 1000 yuan but not more than 2000 yuan; If the circumstances are serious, the original licensing authority shall revoke the corresponding road transport business license:
（1） Passengers boarding and disembarking within closed sections of highways;
（2） Being stranded or leaving passengers on the way;
（3） If it is necessary for passengers to transfer vehicles due to special reasons, the level of the transfer bus type will be reduced or additional fees will be charged.
Article 59:; Those who violate the provisions of this regulation and release overloaded freight vehicles from the source of freight transportation shall be ordered to rectify by the competent transportation department and fined not less than 3000 yuan but not more than 30000 yuan.
Article 60:; If a passenger station operator violates the provisions of this regulation by selling unapproved station tickets, the transportation authority shall order them to rectify within a specified period of time; Those who refuse to make corrections within the prescribed time limit shall be fined not less than 3000 yuan but not more than 10000 yuan.
Article 61:; If a motor vehicle maintenance operator violates the provisions of this regulation and falls under any of the following circumstances, the transportation authority shall order it to rectify within a specified period of time; Those who refuse to make corrections within the prescribed time limit shall be fined not less than 3000 yuan but not more than 10000 yuan:
（1） Failure to provide a detailed list of maintenance costs to the repair party;
（2） Repairing motor vehicles beyond the registered business scope;
（3） Unauthorized expansion of motor vehicle maintenance projects.
Article 62:; For acts that violate the provisions of this regulation, if there are already provisions for handling them in laws and administrative regulations, follow their provisions; Those who commit crimes shall be held criminally responsible in accordance with the law.
Chapter 7 Supplementary Provisions
Article 63:; Taxi and bus transportation are not subject to this regulation.
Article 64:; This regulation shall come into effect on March 1, 2024.
Original website: https://www.tjrd.gov.cn/xwzx/system/2024/01/16/030030126.shtml
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