Traditional Culture Encyclopedia - Tourist attractions - What's the procedure for opening a passenger station?
What's the procedure for opening a passenger station?
Chapter I General Principles
Article 1 These Provisions are formulated in accordance with the Regulations of the People's Republic of China on Road Transport and relevant laws and administrative regulations for the purpose of regulating the business activities of road passenger transport and road passenger stations, maintaining the market order of road passenger transport, ensuring the safety of road passenger transport and protecting the legitimate rights and interests of passengers and operators.
Article 2 Road passenger transport (hereinafter referred to as road passenger transport) and road passenger stations (hereinafter referred to as passenger stations) shall abide by these provisions.
Article 3 The term "road passenger transport operation" as mentioned in these Provisions refers to the commercial road passenger transport activities that transport passengers by bus and provide services to the public, including shuttle bus (overtime bus) passenger transport, chartered passenger transport and tourist passenger transport.
(1) Bus passenger transport refers to a mode of passenger transport in which buses operate on urban and rural roads according to fixed lines, times, stops and shifts, including direct bus passenger transport and ordinary bus passenger transport. Overtime bus passenger transport is a supplementary form of bus passenger transport. When the passenger bus can't meet the needs or can't operate normally, it will be temporarily added or deployed according to the lines and stations of the passenger bus.
(2) Chartered passenger transport refers to a mode of passenger transport in which passenger cars are chartered to users, driving services are provided, passenger cars are driven according to the agreed departure place, destination and route, and fees are charged according to mileage or chartered time, and the fees are paid uniformly.
(3) Tourist passenger transport refers to the mode of passenger transport that operates in tourist attractions (spots) or has at least one destination in tourist attractions (spots) for the purpose of transporting tourists for sightseeing.
The term "passenger station operation" as mentioned in these Provisions refers to the business activities of providing relevant transportation services for road passenger transport operators and passengers relying on the station facilities.
Article 4 The management of road passenger transport and passenger stations shall adhere to the principle of people-oriented and safety first, follow the principles of fairness, justice, openness and convenience, break regional blockades and monopolies, promote a unified, open, competitive and orderly road transport market, and meet the travel needs of the broad masses of the people.
Road passenger transport and passenger station operators shall operate according to law, be honest and trustworthy, compete fairly and provide quality services.
Article 5 The state implements a grading system and a quality credit evaluation system for road passenger transport enterprises, encourages road passenger transport operators to operate in a large scale, intensively and corporately, and prohibits affiliated operations.
Article 6 The Ministry of Transport is in charge of the management of national road passenger transport and passenger stations.
The transportation departments of local people's governments at or above the county level shall be responsible for organizing and leading the management of road passenger transport and passenger stations within their respective administrative areas.
Road transport management institutions at or above the county level shall be responsible for the specific implementation of road passenger transport and passenger station management.
Chapter II Business License
Seventh bus passenger lines are divided into the following four types according to the operating area and the length of the operating line:
Class I passenger lines: passenger lines between the local area and the local area or passenger lines with operating lines exceeding 800 kilometers.
Second-class passenger lines: passenger lines between local and county towns.
Three types of passenger lines: passenger lines between non-adjacent counties.
Four types of passenger lines: passenger lines between adjacent counties or passenger lines within counties.
The term "regional location" as mentioned in these Provisions refers to the urban areas where the people's governments of cities, prefectures and leagues are located; The term "county" as mentioned in these Provisions includes counties, banners, county-level cities and districts of cities, prefectures and towns under the jurisdiction of the Union.
Where the county is connected or overlapped with the urban area, the administrative area of the starting and ending point of the class line is determined according to the location of the starting and ending passenger station.
Article 8 The chartered passenger transport is divided into inter-provincial chartered passenger transport and intra-provincial chartered passenger transport according to the business areas, and intra-provincial chartered passenger transport is divided into inter-city chartered passenger transport, inter-county chartered passenger transport and intra-county chartered passenger transport.
Ninth tourist passenger transport is divided into fixed-line tourist passenger transport and non-fixed-line tourist passenger transport according to the mode of operation.
Fixed-line tourist passenger transport is managed by bus, and non-fixed-line tourist passenger transport is managed by chartered passenger transport.
Article 10 To apply for engaging in road passenger transport business, the following conditions shall be met:
(a) there are buses that are suitable for their business operations and have passed the inspection;
1. bus technical requirements:
(1) The technical performance meets the requirements of the national standard Comprehensive Performance Requirements and Inspection Methods for Operating Vehicles (GB 18565);
(2) The overall dimensions, axle load and mass meet the requirements of the national standard "Limits of Overall Dimensions, Axle Load and Mass of Road Vehicles" (GB 1589);
(3) The technical grade of passenger vehicles engaged in expressway passenger transport or operating lines over 800 kilometers shall reach the first-class technical grade stipulated in the industry standard "Technical Grade Classification and Evaluation Requirements for Operating Vehicles" (JT/T 198); Passenger vehicles with a line length of more than 400 kilometers shall have a technical level of two or more; The technical level of other passenger cars should reach Grade III or above.
The term "expressway passenger transport" as mentioned in these Provisions refers to road passenger transport with a mileage of more than 200 kilometers or with a mileage accounting for more than 70% of the total mileage.
2. Bus type and grade requirements:
Engaged in expressway passenger transport, tourist passenger transport and passenger transport vehicles with operating lines of more than 800 kilometers in length, the vehicle type and grade shall reach the intermediate level or above as stipulated in the industry standard "Classification and Grade Evaluation of Operating Passenger Cars" (JT/T325).
3. Bus number requirements:
(1) A shuttle bus operator operating a class I passenger line shall have more than 3,000 buses 100, including more than 30 senior buses with more than 900 seats; Or have more than 40 1200-seat senior operating buses;
(2) Bus operators operating Class II passenger lines shall own more than 50 buses with more than 1.500 seats, including more than 450 medium and high-class buses with more than/.500 seats; Or have more than 20 senior operating buses with more than 600 seats;
(3) The shuttle bus operators operating Class III passenger lines shall have more than 200 buses 10;
(four) bus operators operating four types of passenger lines should own 1 more buses;
(five) operators engaged in inter-provincial chartered passenger transport shall have more than 20 medium and high-grade buses with more than 600 seats;
(6) Operators engaged in chartered passenger transport in the province shall have more than 5 buses 100 seats.
(2) Drivers engaged in passenger transport business shall meet the following conditions:
1. Obtain the corresponding motor vehicle driver's license;
2. The age is not more than 60 years old;
No record of major or above traffic accidents within 3.3 years;
4. The municipal road transport management institution with districts has passed the relevant passenger transport regulations, motor vehicle maintenance and passenger first aid basic knowledge examination and obtained the corresponding qualification certificate.
The term "traffic accident" as mentioned in these Provisions refers to a traffic accident in which the driver bears the same or more responsibilities.
(3) Having a sound safety production management system, including safety production operation rules, safety production responsibility system, safety production supervision and inspection, and safety production management system for drivers and vehicles.
(four) to apply for the operation of road passenger lines, there should also be a clear line and site plan.
Article 11 To apply for operating a passenger station, the following conditions shall be met:
(a) the passenger station has passed the project completion acceptance organized by the relevant departments, and passed the station-level acceptance organized by the road transport management institution;
(2) Having professionals and management personnel suitable for the business volume;
(3) Having corresponding equipment and facilities, and the specific requirements shall be implemented in accordance with the industry standard "Requirements for Classification and Construction of Bus Terminals" (JT/T200);
(4) Having sound business operation rules and safety management systems, including service standards, safety production operation rules, vehicle departure inspection system, safety production responsibility system, dangerous goods interception, safety production supervision and inspection system, etc.
Twelfth applications for road passenger transport business shall meet the following requirements:
(a) to apply to the county-level road transport management institution to engage in passenger transport business within the county-level administrative area;
(two) in the administrative areas of provinces, autonomous regions and municipalities directly under the central government across two administrative areas at or above the county level, apply to the road transport management institution at the next higher level;
(3) Those who engage in passenger transport business across provinces, autonomous regions and municipalities directly under the Central Government shall apply to the road transport management agencies of the provinces, autonomous regions and municipalities directly under the Central Government where they are located.
Thirteenth applications to engage in the operation of passenger stations shall be submitted to the local county-level road transport management institutions.
Article 14 To apply for engaging in road passenger transport business, the following materials shall be provided:
(1) Relevant materials for applying for business opening:
1. Application Form for Road Passenger Transport Operation (see Annex1);
2. The text of the articles of association;
3. The identity certificates of the investor and the person in charge and their photocopies, the identity certificates of the manager and their photocopies and power of attorney;
4. The text of safety production management system;
5. Commitment letter of the vehicle to be put into use, including the number, type and grade, technical grade, number of seats and the length, width and height of the bus shape. If the bus to be put into use is purchased or existing, the driver's license, vehicle technical grade certificate (vehicle technical inspection certificate), bus grade evaluation certificate and its copy shall be provided;
6. The driver's license, qualification certificate and its copy of the driver who has been hired or intends to be hired, and the certificate issued by the public security department that there is no major traffic accident within 3 years.
(two) to apply for the operation of road passenger lines, the following materials shall also be provided:
1. Application Form for Road Passenger Transport Line Operation (see Annex 2);
2 feasibility report, including passenger flow survey, operation plan, benefit analysis and possible impact on other relevant operators;
3. pit stop plan. If a letter of intent for entering the station has been signed with the passenger station and the stop at the starting and ending points, a letter of intent for entering the station shall be provided;
4. Commitment letter of transportation service quality.
Fifteenth operators who have obtained the corresponding road bus passenger business license shall provide the following materials in addition to the materials specified in Item (2) of Article fourteenth when applying for new passenger lines:
(a) a copy of the road transport business license;
(two) a copy of the driving license and road transport license of the enterprise's own operating bus that is suitable for the type of passenger line applied for;
(three) the commitment letter of the vehicle to be put into use, including the number, type and grade, technical grade, number of seats and the length, width and height of the bus. If the bus to be put into use is purchased or existing, the driver's license, vehicle technical grade certificate (vehicle technical inspection certificate), bus grade evaluation certificate and its copy shall be provided;
(four) the driver's license, qualification certificate and a copy of the driver to be hired, and the certificate issued by the public security department that there is no major traffic accident within 3 years;
(five) the identity certificate of the agent and its copy, and the work certificate or power of attorney of the unit.
Article 16 To apply for operating a passenger station, the following materials shall be provided:
(a) the road passenger station operation application form (see Annex 3);
(two) the passenger station completion acceptance certificate and the station acceptance certificate;
(3) Identity certificates and professional certificates of the professionals and managers to be employed and their photocopies;
(four) the identity certificate of the person in charge and its copy, the identity certificate of the agent and its copy and power of attorney;
(five) the text of business operation rules and safety management system.
Seventeenth road transport management institutions at or above the county level shall regularly announce to the public the passenger transport capacity, passenger line layout, main passenger flow direction and flow direction within their respective administrative areas.
The road transport management institution shall consider the factors such as the supply and demand situation of the passenger transport market, the universal service and the convenience of the masses when reviewing the passenger transport application.
Eighteenth road transport management institutions shall, in accordance with the Regulations of the People's Republic of China on Road Transport, the Provisions on the Procedures for the Implementation of Traffic Administrative Licensing and the procedures stipulated in these Provisions, implement the administrative licensing of road passenger transport, road passenger transport line operation and passenger station operation.
Nineteenth road transport management institutions shall make a decision of approval or disapproval within 20 days from the date of acceptance after accepting the application for road passenger transport operation and road passenger transport line operation; The road transport management institution shall, within 05 days from the date of acceptance, make a decision on approval or disapproval when accepting the application for passenger station operation.
Where the road transport management institution makes a decision on granting an administrative license to an application for road passenger transport business that meets the statutory conditions, it shall issue a Decision on Administrative License for Road Passenger Transport Business (see Annex 4), which shall specify the licensing matters, including the business scope, number and requirements of vehicles, types of passenger transport lines, etc. And issue the road transport business license to the licensee within 10, and inform the road transport management institution where the licensee is located.
Where the road transport management institution makes a decision on granting an administrative license to an application for operating a road passenger line that meets the statutory conditions, it shall issue a Decision on Administrative License for Operating a Road Passenger Line (see Annex 5), which shall specify the licensing matters, including the business subject, shuttle bus type, origin and destination, lines and stations, daily shifts, number and requirements of vehicles, operating period, etc. And within 10, issue the Road Passenger Transport Line Business License to the licensee (see Annex 8), and inform the road transport management institution of the starting and ending places of the line; If it belongs to the inter-provincial passenger transport line, it shall send a copy of the Decision on Administrative License for Road Passenger Transport Line Operation to the provincial road transport management institution where the passengers pass by and finally arrive.
Where the road transport management institution makes a decision on granting an administrative license to an application for operating a passenger station that meets the statutory conditions, it shall issue the Decision on Administrative License for Operating a Road Passenger Station (see Annex 6), which shall specify the licensing matters such as the name of the operator, the site, the station level and the business scope; And issue the road transport business license to the licensee within 10 days.
If the road transport management institution decides not to grant an administrative license to an application that does not meet the statutory requirements, it shall issue a "Decision on Not Granting Traffic Administrative License" to the applicant.
Article 20 The provincial road transport management institution that accepts the application for the operation of inter-provincial passenger lines shall, within 7 days from the date of accepting the application, send a letter of soliciting opinions to the provincial road transport management institution passing through passengers and destinations and attach an application form for the operation of road passenger lines for soliciting opinions; The relevant provincial road transport management institution shall fax its opinions to the provincial road transport management institution that accepts the application within 10 days. Refuse, it shall explain the reasons according to law. If no reply is made within the time limit, it shall be deemed as consent.
If the relevant provincial road transport management institutions hold different opinions on the application for inter-provincial passenger line operation and the negotiation fails, the provincial road transport management institutions that accept the application will submit the written opinions of all parties and related materials to the Ministry of Transport for decision through their provincial transportation departments, and notify the applicant in writing. The Ministry of Transport shall make a decision within 20 days from the date of acceptance, and notify the relevant provincial transportation authorities in writing. The provincial road transport management institution that accepts the application shall handle the relevant formalities for the applicant in accordance with the provisions of Articles 19 and 22 of these Provisions.
Article 21 The licensee shall go through the registration formalities with the administrative department for industry and commerce according to law with the road transport business license.
Twenty-second the licensee shall implement the commitment letter of putting the vehicle into use according to the determined time. The road transport management institution shall, after verifying that the licensee has implemented the letter of commitment to put the vehicle into operation and the vehicle meets the licensing conditions, issue a road transport certificate to the passenger car put into operation; If it is a passenger bus, it shall be accompanied by a passenger bus sign (see Annex 7). If the official bus passenger signs are not completed, temporary passenger signs shall be issued first.
Twenty-third operators who have obtained the corresponding road bus passenger transport business license need to increase passenger transport lines, and shall apply in accordance with the provisions of Article 12 of these Provisions.
Article 24 Where an application for road transport business is made to the road transport management institutions at all levels, the road transport management institution at the highest level shall issue a road transport business license and indicate the business scope permitted by the road transport management institutions at all levels, and the road transport management institutions at lower levels shall no longer issue a road transport business license. If the road transport management institution at a lower level has issued a road transport business license to the licensee, the road transport management institution at a higher level shall renew it in accordance with the above requirements.
Twenty-fifth Sino-foreign joint ventures, Sino-foreign cooperation, and wholly foreign-owned road passenger transport and passenger stations shall also abide by the Regulations on the Administration of Foreign Investment in Road Transportation.
Twenty-sixth road passenger transport operators to set up subsidiaries, should be in accordance with the provisions of the road transport management agencies to apply for business license; The establishment of a branch company shall report to the road transport management institution in the place where it is established.
Twenty-seventh there are more than three applicants for the same passenger line, or according to the actual situation, the road transport management institution may adopt the service quality bidding method to implement the road passenger line business license.
If the relevant provincial road transport management institutions negotiate to determine the business license of inter-provincial passenger lines to implement service quality bidding, they can adopt joint bidding and separate bidding. If one province does not implement bidding, it will not affect the bidding of another province.
Measures for the bidding management of the right to operate the road passenger transport line and the quality of service shall be formulated separately.
Twenty-eighth in the process of handling the business license of road passenger lines, no unit or individual may refuse or hinder the implementation of the business license of passenger lines for improper reasons such as capacity.
Twenty-ninth passenger transport operators, passenger station operators need to change the licensing matters or terminate their operations, they should apply to the original licensing authority, in accordance with the relevant provisions of this chapter.
Changes in the operating subject, destination and daily departure of passenger trains and the operating subject and site of passenger stations shall be handled in accordance with re-licensing.
If a passenger transport operator or a passenger station operator fails to put into operation for more than 180 days without justifiable reasons after obtaining all business licenses, or stops operation for more than 180 days after operation, it shall be deemed as automatic termination of operation.
Thirtieth passenger lines operating period determined by the provincial road transport management agencies in accordance with the relevant provisions of the "Regulations of the people's Republic of China on road transport".
Thirty-first passenger line operators shall apply to the original licensing authority for suspension or termination of line operation 30 days in advance within the operating period. If it is necessary to continue to operate the passenger line at the expiration of the operating period, an application shall be made 60 days before the expiration. The original licensing authority shall make a decision of approval or disapproval in accordance with the relevant provisions of this chapter. If the license is granted, the relevant formalities shall be re-handled.
Passenger transport operators shall, within 10 days after the termination of operation, return the relevant road transport business license, road transport certificate and passenger transport sign to the original issuing authority.
Thirty-second passenger station operators to terminate the operation, it should be 30 days in advance to inform the original licensing authority and stop the operator. If the original licensing authority finds that the closure of the passenger station may have a significant impact on the public interest, it shall take measures to divert the incoming vehicles and make an announcement to the public. The operator of the passenger station shall return the road transport business license to the original issuing authority within 10 days after the termination of operation.
Thirty-third passenger transport operators in the passenger line after the expiration of the operating period to apply for continued operation, meet the following conditions, should be given priority:
(1) The business operator complies with the provisions of Article 10 of these Provisions;
(two) in the process of passenger line operation, the operator has no major transportation safety accidents;
(three) the operator in the process of operating passenger lines, no adverse service quality events;
(four) the operator has no serious illegal business behavior in the process of operating passenger lines;
(five) to fulfill the obligation of universal service in accordance with the provisions.
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